HomeMy WebLinkAboutCity Council - 5371 RESOLUTION NO. 5371
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ,14UNTINGTON BEACH AUTHORIZING EXECUTION BY
THE' MAYOR AND CITY CLERK OF A LEASE AGREEMENT
BETWEEN THE CITY AND CALIFORNIA STATE LANDS
COMMISSION FOR OPERATION AND MAINTENANCE OF
HUNTINGTON BEACH PIER AND RELATED CONCESSIONS
BE IT RESOLVED by the City Council of the City of Huntington
Beach that it does hereby approve the Lease with California
State Lands Commission for the use of tidelands for the operation
and maintenance of the Huntington Beach Municipal Pier, together
with its related concessions, a copy of which lease is attached
hereto and by this reference made a part hereof as though set out
in full herein.
BE IT FURTHER RESOLVED that the Mayor and City Clerk are
authorized and directed to execute the lease herein referred to,
and forward same to the proper authorities at the State Lands
Commission for consideration.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 16th
day of Anr 1 , 1984 .
ATTEST: APPROVED AS TO FORM:
s
City Clerk City Attorney
RCS: ahb
4/lo/84 1.
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrator Director of Development
Services
2.
,TATE F CALIFORNIA E ONLY
O O FOR RECORDERS USE
STATE LANDS COMMISSION
t
RECORDED AT THE REQUEST OF
State of California/State Lands Commission
Official Business — Document entitled to free
recordation pursuant to Government Code
Section 27383.
WHEN RECORDED MAIL TO
State Lands Commission
1807 - 13th Street
Sacramento, CA 95814 W 2453
Attention: Title Unit
LEASE NO.
This Lease consists of this summary and the following attached and incorporated parts:
Section 1 Basic Provisions
Section 2 Special Provisions amending or supplementing
Section 1 or 4
Section 3 Description of Lease Premises
Section 4 General Provisions
SECTION 1
BASIC PROVISIONS
THE STATE OF CALIFORNIA, hereinafter referred to as Lessor acting by and through the STATE LANDS COM
MISSION (1807 - 13th Street, Sacramento, California 95814), pursuant to Division 6 of the Public Resources Code anf
Title 2, Division 3 of the California Administrative Code,and for consideration specified in the Lease,does hereby lease;
demise and let to: City of Huntington Beach
II
hereinafter referred to as Lessee: P.O. Box 190
WHOSE MAILING ADDRESS IS:
Huntington Beach, California 92648
those certain lands described in Section 3 subject to the reservations,terms,convenants and conditions of this Leasc
LEASE TYPE:
General Lease - Public Agency Use
_
Pacific Ocean at City of
Tide and Submerged Huntington Beach, Orange Count
LAND TYPE.: LOCATION: g g Y_
LAND USE OR PURPOSE: Operation and maintenance of a public recreational pier and
related concessions.
TERM: Thirty-five (35) years; beginning February 1, 1984
ending January 31, 2019 unless sooner terminated as provided under this Lease.
CONSIDERATION: $ The Public Use and Benefit.
subject to modification by Lessor as specified in Paragraph 2(b) of Section 4.
AUTHORIZED IMPROVEMENTS: A steel and concrete pier along with two sandwich and
beverage shops, bait and tackle shop, proposed restaurant, and a facility for docking,
landing and mooring vessels.
l EXISTING: See above
U TO BE CONSTRUCTED; CONSTRUCTION MUST BEGIN BY: N/A
AND BY COMPLETED BY: February 1, 1985
LIABILITY INSURANCE: N/A
SURETY BOND OR OTHER SECURITY: N/A
SECTION 2
SPECIAL PROVISIONS
BEFORE THE EXECUTION OF THIS LEASE, ITS PROVISIONS ARE AMENDED, REVISED OR SUPPLEMENTED
AS FOLLOWS:
1. Lessee agrees to provide Lessor with an annual report showing whether or not
expenses for the operation and maintenance of the Lease Premises have ex-
ceeded the income generated thereon. If for any reporting period, the
amount of income generated exceeds expenses for operation and maintenance of
the Lease Premises, Lessor shall have the right to set a monetary rental for
such reporting period. The annual report shall be due August l of each year
and shall cover income and expenses for the prior fiscal year.
The parties understand and agree that the City's "income" for the purposes
of determining rent under this Lease shall not include any tax income.
"Expenses" shall include indirect costs, including administrative expenses
and payment of bond obligations, as determined under the City's cost allo-
cation system. All such indirect costs shall be attributable to the
operation and maintenance of the Lease Premises.
It is further agreed that any income in excess of expenses not paid to the
State as rental shall be used exclusively for operation and maintenance of
Lease Premises.
2. All annual reports submitted to the State Lands Commission are subject to
audit and revision by the State Lands Commission, and Lessee agrees that the
State Lands Commission may inspect all Lessee's books, records, and docu-
ments relating to the operation of the leased premises at all reasonable
times. Any statutory or other right that the Lessee may have to object to
such inspection by the State Lands Commission are hereby waived.
i
-2_
The Lessee shall maintain books and records of all financial transactions
relating to the leased premises in accordance with generally accepted
accounting principles. These records shall be supported by source docu-
ments such as agreements with renters, copies of invoices, receipts, and
other pertinent documents.
3. The Lessee hereby agrees that. any signs or other types of printed notices
installed to provide notification of the public use and benefit of the
project as set forth herein, shall contain and reasonably display a
statement to the effect that the State Lands Commission has contributed
the lands underlying the project. Such statement may be as follows:
"The land for this project was provided by the State Lands Commission. "
or
"A portion of the land required for this project was contributed by the
State Lands Commission."
4. Lessor understands ,that Lessee has three existing leases to the follow-
ing parties who shall hereafter be sublessees under this Lease. Lessor
approves the existing subleases provided that the sublessees execute an
appropriate document with Lessor agreeing to be bound by the provisions
of this Lease and provided that the State of California is named as ad-
ditional insured on any liability insurance policy required by the
subleases.
(a) Sublease Agreement: Neptune's Locker
Sublessees! Ella Christenson and Joy Smith
633 Hartford
Huntington Beach, California 92648
(b) Sublease Agreement: Tackle Box
Sublessees: Same as in (a) above
(c) Sublease Agreement: Captain's Galley
Sublessees: Ella Christenson
633 Hartford
Huntington Beach, California 92648
Roger Cowdrey
27621 Agrado
Mission Viejo, California 92692
1
-3-
Lessee understands that any renewal of the above subleases or any
new sublease entered into by Lessee, shall require the prior approv-
al of Lessor as provided in Paragraph 10, Section 4, of this Lease.
5. Notwithstanding the term specified in Section 1, Lessee shall have the
right to renew this Lease for an additional term of fourteen (14) years
upon such reasonable terms and conditions as the State, or any successor
in interest thereto, might impose. Lessee understands that any such re-
newal shall require the prior written consent of Lessor.
6. Notwithstanding Paragraph 13 of Section 4 herein, City shall have no
obligation to remove the pier under any expiration or sooner termination
of this Lease if at such time the pier is in good order
and repair and in safe condition. Lessor shall have the right to hire,
at Lessee's sole expense, a registered engineer for the purpose of in-
specting the pier and providing the State with a written report on the
condition and structural soundness of the pier at such time of
termination.
7. Force majeure: The obligations imposed upon Lessee by the provisions of
this Lease shall be suspended during such time as the Lessee is pre-
vented from complying therewith, in whole or in part, by acts of war or
conditions arising out of 'or attributable to war, strikes, riots, acute
and unusual labor or material shortages, acts of God, laws, rules and
regulations of any federal, state, county or municipal agency or by
such other unusual conditions as are beyond the control of the Lessee.
SECTION 3
Land Description W 2453
A strip of tide and submerged land 120 feet wide situate within the City of
Huntington Beach, Orange County, State of California, the centerline of said
strip being described as follows:
BEGINNING at the intersection of the northeasterly line of Ocean
Avenue with the centerline of Main Street, thence S W 41 ' 37" W
2,065.92 feet to the end of said centerline of said strip of tide
and submerged land.
EXCEPTING THEREFROM all that portion lying landward of the ordinary high water
mark of the Pacific Ocean.
END OF DESCRIPTION
REVISED JANUARY 26, 1984, BY BOUNDARY AND TITLE UNIT, LEROY WEED, SUPERVISOR.
SECTION 4
GENERAL PROVISIONS
1. GENERAL pressly authorized in Section 1 or 2 of this Lease shall be con-
These provisions are applicable to all leases,permits,rights-or- structed by the Lessee on the Lease Premises without the
way, easements, or licenses or other interests in real property con- prior written consent of Lessor. Lessee shall notify Lessor
veyed by the State Lands Commission. within ten (10) days after commencing the construction of
authorized improvements and within sixty (60) days after
2. CONSIDERATION completing them.
(a) Categories
(1) Rental: (2) Alteration or Removal—Except as provided under this
Lessee shall pay the annual rental as stated in Section 1 Lease, no alteration or removal of existing improvements on
or 2 to Lessor without deduction,delay or offset,on or before or natural features of the Lease Premises shall be undertaken
the beginning date of this Lease and on or before each anni- without the prior written consent of Lessor.
versary of its beginning date during each year of the Lease
term. (d) Conservation:
Lessee shall practice conservation of water and other natural
(2) Royalty or other consideration: resources and shall prevent pollution and harm to the environ-
Lessee shall pay a royalty or other consideration in the ment in or on the Lease Premises.
amount, method and manner as specified in Section 1 or 2.
(e) Enjoyment:
(3) Non-Monetary Consideration: Nothing in this Lease shall preclude Lessee from excluding
If a monetary rental, royalty, or other consideration is persons from the Lease Premises when their presence or activity
not specified in Section 1 or 2,consideration to Lessor for this constitute a material interference with Lessee's use and enjoy-
Lease shall be,the public use, benefit, health or safety, as ment of the Lease Premises as provided under this Lease.
appropriate, however Lessor shall have the right to review
such consideration at any time and to set a monetary rental if (f) Discrimination:
the State Lands Commission, at its sole discretion, deter- Lessee in its use of the Lease Premises shall not discriminate
mines that such action is in the best interest of the State. against any person or class of persons on the basis of race,color,
Lessee shall notify Lessor within ten(10)days in the event creed, national origin, sex, age,or physical handicap.
that the public is charged any direct or indirect fee for use and
enjoyment of the Lease Premises. (g) Residential Use:
Unless otherwise allowed under this Lease, improvements
(b) Modification on the Lease Premises shall not be used as a residence or for the
Lessor may modify the amount or rate of consideration effec- purpose of mooring a floating residence.
tive on each fifth anniversary of the beginning date of this Lease.
Should Lessor fail to exercise such right effective on any fifth 5. RESERVATIONS, ENCUMBRANCES AND RIGHTS-OF-WAY
anniversary it maydo soeffective on anyone(l)of the nextfour(4) (a) Reservations:
anniversaries following such fifth anniversary,without prejudice (1) Lessor expressly reserves all natural resources in or on
to its right to effect such modification on the next or any succeed- the Lease Premises, including but not limited to oil, coal,
ing fifth anniversary. Any modification of the amount or rate of natural gas and other hydrocarbons,minerals, aggregates,
consideration made pursuant to this paragraph shall conform timber and geothermal resources,as well as the right to grant
to Title 2,Division 3 of the California Administrative Code and no leases in and over the Lease Premises for the extraction of
such modification shall become effective unless Lessee is given such natural resources, however such leasing shall be
written notice at least sixty(60)days prior to the effective date. neither inconsistent nor incompatible with the rights or
privileges of Lessee under this Lease.
(c) Penalty and Interest
Any installments of rental, royalty, or other consideration (2) Lessor expressly reserves a right to go on the Lease
accruing under this Lease not paid when due shall be subject to a Premises and all improvements for any purpose associated
penalty and shall bear interest as specified in Public Resources with this Lease or for carrying out any function required by
Code Section 6224 and Section 2. law,or the rules,regulations or management policies of the
3. BOUNDARIES State Lands Commission.Lessor shall have a right of reason-
able access to the Lease Premises across Lessee owned or
This Lease is not intended to establish the State'sboundaries and occupied lands adjacent to the Lease Premises for any pur-
is made without prejudice to either party regarding any boundary pose associated with this Lease.
claims which may be asserted presently or in the future.
4. LAND USE (3) Lessor expressly reserves to the public an easement
for convenient access across the Lease Premises to other
(a) General: State-owned lands located near or adjacent to the Lease
Lessee shall use the Lease Premises only for the purpose or Premises and a right of reasonable passage across and along
purposes stated in Section 1 or 2 and only for the operation and any right-of-way granted bythis Lease,however,such ease-
maintenance of the improvements authorized in Section 1 or 2. ment or right-of-way shall be neither inconsistent nor in-
Lessee shall commence use of the Lease Premises within ninety compatible with the rights or privileges of Lessee under this
(90)days of the beginning date of this lease.Thereafter Lessee's Lease.
discontinuance of such use for a period of ninety(90)days shall
be conclusively presumed to be an abandonment. (4) Lessor expressly reserves the right to lease,convey,or
encumber the Lease Premises,in whole or in part,during the
lease term for any purpose not inconsistent or incompatible
(b) Repairs and Maintenance: with the rights or privileges of Lessee under this Lease.
Lessee shall, at its own expense, keep and maintain the
Lease Premises and all improvements in good order and repair (b) Encumbrances:
and safe condition. This Lease may be subject to pre-existing contracts,leases,
licenses, easements, encumbrances and claims and it is made
(c) Additions, Alterations and Removal: without warranty by Lessor of title,condition or fitness of the land
(1) Additions — No improvements other than those ex- for the stated or intended use.
SECTION 4
GENERAL PROVISIONS
1. GENERAL pressly authorized in Section 1 or 2 of this Lease shall be con-
These provisions are applicable to all leases, permits,rights-or- structed by the Lessee on the Lease Premises without the
way, easements,or licenses or other interests in real property con- prior written consent of Lessor. Lessee shall notify Lessor
veyed by the State Lands Commission. within ten (10)days after commencing the construction of
authorized improvements and within sixty (60) days after
2. CONSIDERATION completing them..._
(a) Categories
(1) Rental: (2) Alteration or Removal—Except as provided under this
Lessee shall pay the annual rental as stated in Section 1 Lease,no alteration or removal of existing improvements on
or 2 to Lessor without deduction,delay or offset,on or before or natural features of the Lease Premises shall be undertaken
the beginning date of this Lease and on or before each anni- without the prior written consent of Lessor.
versary of its beginning date during each year of the Lease
term. (d) Conservation:
Lessee shall practice conservation of waterand other natural
(2) Royalty or other consideration: resources and shall prevent pollution and harm to the environ-
Lessee shall pay a royalty or other consideration in the ment in or on the Lease Premises.
amount, method and manner as specified in Section 1 or 2.
(a) Enjoyment:
(3) Non-Monetary Consideration: Nothing in this Lease shall preclude Lessee from excluding
If a monetary rental, royalty, or other consideration is persons from the Lease Premises when their presence or activity
not specified in Section 1 or 2,consideration to lessor for this constitute a material interference with Lessee's use and enjoy-
Lease shall be the public use, benefit, health or safety, as ment of the Lease Premises as provided under this Lease.
appropriate, however Lessor shall have the right to review
such consideration at anytime and to set a monetary rental if (f) Discrimination:
the State Lands Commission, at its sole discretion, deter- Lessee in its use of the Lease Premises shall not discriminate
mines that such action is in the best interest of the State. against any person or class of persons on the basis of race,color,
Lessee shall notify Lessor within ten(10)days in the event creed, national origin, sex, age,or physical handicap.
that the public is charged any direct or indirect fee for use and
enjoyment of the Lease Premises. (g) Residential Use:
Unless otherwise allowed under this Lease, improvements
(b). Modification on the Lease Premises shall not be used as a residence or for the
Lessor may modify the amount or rate of consideration effec- purpose of mooring a floating residence.
tive on each fifth anniversary of the beginning date of this Lease.
Should Lessor fail to exercise such right effective on any fifth 5. RESERVATIONS, ENCUMBRANCES AND RIGHTS-OF-WAY
anniversary it may do so effective on any one(1)of the next four(4) (a) Reservations:
anniversaries following such fifth anniversary,without prejudice (1) Lessor expressly reserves all natural resources in or on
to its right to effect such modification on the next or any succeed- the Lease Premises, including but not limited to oil, coal,
ing fifth anniversary. Any modification of the amount or rate of natural gas and other hydrocarbons, minerals, aggregates.
consideration made pursuant to this paragraph shall conform timber and geothermal resources,as well as the right to grant
to Title 2,Division 3 of the California Administrative Code and no leases in and over the Lease Premises for the extraction of
such modification shall become effective unless Lessee is given such natural resources, however such leasing shall be
written notice at least sixty(60)days prior to the effective date. neither inconsistent nor incompatible with the rights or
privileges of Lessee under this Lease.
(c) Penalty and Interest
Any installments of rental, royalty, or other consideration (2) Lessor expressly reserves a right to go on the Lease
accruing under this Lease not paid when due shall be subject to a Premises and all improvements for any purpose associated
penalty and shall bear interest as specified in Public Resources with this Lease or for carrying out any function required by
Code Section 6224 and Section 2. law,or the rules,regulations or management policies of the
3. BOUNDARIES State Lands Commission.Lessor shall have a right of reason-
able access to the Lease Premises across Lessee owned or
This Lease is not intended to establish the State's boundaries and occupied lands adjacent to the Lease Premises for any pur-
is made without prejudice to either party regarding any boundary pose associated with this Lease.
claims which may be asserted presently or in the future.
4. LAND USE (3) Lessor expressly reserves to the public an easement
for convenient access across the Lease Premises to other
(a) General: State-owned lands located near or adjacent to the Lease
Lessee shall use the Lease Premises only for the purpose or Premises and a right of reasonable passage across and along
purposes stated in Section 1 or 2 and only for the operation and any right-of-way granted bythis Lease,however,such ease-
maintenance of the improvements authorized in Section 1 or 2. ment or right-of-way shall be neither inconsistent not in.
Lessee shall commence use of the Lease Premises within ninety compatible with the rights or privileges of Lessee under this
(90)days of the beginning date of this lease.Thereafter Lessee's Lease.
discontinuance of such use for a period of ninety(90)days shall
be conclusively presumed to be an abandonment. (41 Lessor expressly reserves the right to lease,convey,or
encumber the Lease Premises,in whole or in part,during the
lease term for any purpose not inconsistent or incompatible
(b) Repairs and Maintenance: with the rights or privileges of Lessee under this Lease.
Lessee shall, at its own expense, keep and maintain the
Lease Premises and all improvements in good order and repair (b) Encumbrances:
and safe condition. This Lease may be subject to pre-existing contracts, leases.
licenses, easements, encumbrances and claims and it is made
(c) Additions, Alterations and Removal: without warranty by Lessor of title,condition or fitness of the land
(1) Additions — No improvements other than those ex- for the stated or intended use.
Form 51 15 11 801
1
13. RESTORATION OF LEASE PREMISES (2) Any such waiver shall not be deemed to be a waiver of
(al Upon expiration or sooner termination of this Lease, Lessor any other term,covenant or condition or any other def suit or
may accept all or any portion of the Lease Premises,as then im- breach of any term, covenant or condition of this Lease.
proved with structures,buildings,pipelines,machinery,facilities
and fills in place; or Lessor may require Lessee to remove all (b) Time:
or any portion of such improvements at its sole expense and risk; Time is of the essence of this Lease and each and all of its
or t ossor may itself remove or have removed all or any portion of terms,covenants or conditions in which performance is a factor.
arch imptovements at Lessees sole expense.
• (c► Ndtice:
(b) In removing any such improvements Lessee shall restore the All notices required to be given unifier thin L+tese Mall be
Lease Premises as nearly as possible to the conditions existing given in writing,sent by United States mail with postage prepaid,
prior to their installation or construction. to Lessor at the offices of the State Lands Commission and to
Lessee at the address specified in Section 1. Lessee shall give
(c) All such removal and restoration shall be to the satisfaction Lessor noliee of any change in its name or address.
of Lessor and shall be completed within ninety(90)days of the
expiration or sooner termination of this Lease. id) Consent:
Where Lessor's consent is required under this Lease its
14 O UITCLAIM consent for one transaction or event shall not be deemed to be s
Lessee shall:within ninety(901 days of the expiration or sooner consent to any subsequent occurrence of the some or any other
termination of this Lease, execute and deliver to Lessor in a form transaction or event.
provided by Lessor a good and sufficient release of all rights under this
I case Should Lessee fail or refuse to deliver such a release,a written le) Changes:
nntrce by Lessor reciting such failure or refusal shall,from the date of This Lease may be terminated and its term, covenants and
'Is recordation, be conclusive evidence against Lessee and all other conditions amended, revised or supplemented by mutual agree•
Onunants of the termination of this Lease and any rights or interests ment of the parties.
of Lessee in the Lease Premises.
(f) Successors:
15 HOLDING-OVER The terms, covenants and conditions, of this Lease shall
Any holding-over by Lessee after the expiration of the Lease term, extend to and be binding upon and inure to the benefit of the heirs.
with or without the express or implied consent of Lessor,shall con- successors,and assigns of the rr!speetive parties and if more than
stitute a tenancy from month-to-month and not an extension of the one Lessee is a party to this Lease,the obligations of the Lessees
lease term and shall be on the terms,convenanis and conditions of shall be lomt and several.
this Lease with rental, royalty or other consideration payable in
advance on-the. first day of each month, at the rate of one-twelfth
t
12th)of the annual amount (9) Captions:
The captions of this Lease are riot controlling and shall have
ADDITIONAL PROVISIONS no effect upon its construction or interpretation n
(a) Waiver:
It) No term, covenant or condition of this Lease and no
+ default or breach of any such term. covenant or condition (h) Severability:
shall be deemed to have been waived.by Lessor's acceptance If any term,covenant or condition of this Lease is judicially
of a late or nonconforming performance or otherwise.unless determined to be invalid,it shall be considered deleted and shall
such a waiver is expressly acknowledged by Lessor in not invalidate any of the remaining terms, covenants and
writing conditions '
APPROVED AS TO FOM
G.AIL 'BUTTON
City Attorne
S TE OF CALIFORNIA — STATE LANDS COMMISSION
L SE P,R.C. No..—__-- q'=
This lease will become binding upon the State only when duly executed on behalf of the State L'8 tb I Arpin*7
the State of California;
IN WITNESS WHEREOF, the parties hereto have executed this lease as of the date he after affixed.
.,
LESSEE STATE C' IFO IA
ST LA MIS
I
The City of Huntington Be ch
ATTEST: Title
e
City Clerk 4
The issuance of this lease was authorized by 1116 S'?tt:
kNOWLEDGEMENT Lands Commision on
t t Wrinth Dev�Yea,)
Res. No. 5371
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNrINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular meeting thereof held on the 16th day
of April , 19 84 , by the following vote:
AYES: Councilmen:
Pattinson, MacAllister, Thomas, Kelly, Finley, Bailey, Mandic
i
NOES: Councilmen:
Nona
ABSENT: Councilmen:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California