HomeMy WebLinkAboutCounty of Orange - 1994-10-21OFFICES OF
ADRIAN KUYPER
COUNTY COUNSEL -
CLAY.TON H. PARKER '
'
CNIEF ASSISTANT '
ROBERT F. NUTTMAN '
Count Of Orange ASSISTANTS,
JOHN M.-PATTERSON
COUNTY' ADMINISTRATION 8UILDING P, O. BOX 1379 SANTA ANA, CA 92702 834-3300• ,'ARTHUR C. WAHLSTEDT• JR.
.JOHN W: ANDERSON
LAURENCE M: WATSON
February 4; 1975 VICTOR T•'BELLERUE
JOHN R. GRISET
_ CHARLES B,.SEVIER
WALTER D. WEBSTER
IRYNE C. BL`ACK '
RALPH"W. BENSON. '
' ROBERT H: SAN CHEZ
KENNARD R; SMART, JR.
JANE A. SIEGRIST ,
JAMES R. FLOURNOY
`TERRY,C, ANDRUS. '
7-� •�
- - "TERRY E. DIXON
David D..Rowlands EDWARD N, DURAN
JOY'C. FISHER -
City Administrator FRANK J, FI- KI- TI-',,
"City of Huntington Beach - _ AR' TAM THOMPSON '
:RICHICHARD'D, OVIEDO�:
City Hall DEPUTIES
Huntington Beach,.California 92648 R-576
Dear Mr Rowlands
The Board of Supervisors this date approved the agreement :
between your City and the County for. the use of .$600,'0''..1.f'reueri-,
sharing funds,,subject to the insertion of certain,amendments.to
the agreement.
The agreement has been redrafted by this office'.to. add '"
additional words'to paragraph 5, contained on page 2 of. the .agree.
-merit, and -'to add a paragraph 10'.These changes to, the agreement`
were authorized by the Board of Supervisors, based on a memorandum
of this office dated February 3, 1975, to Supervisor Schmit;,,.and
based on a letter dated February 4, 1975, from Honorable Alvin
M. Coen, Mayor of the City,of Huntington.Beach. -
A copy of this memorandum and the letter are enclosed. :
The proposed agreement is returned to your City for execution
as revised. Would you please return the agreement'af.ter, execution: -
to the Clerk -of the Board of Supervisors, County Administration
Building, 515 North Sycamore Street, Santa Ana, Cal ifornia,92701e.
Very truly yours,,.
ADRIAN KUYPER,.COUNTY-COUNSEL
By
CHP:wm ay n H. Parker,
Enclosures Chi f Assistant
cc: Honorable Laurence J.'Schmit
Supervisor, Second District
R. E. Thomas, County Administrative Officer
Attention: Bill Baker, Office of Revenue Sharing
June Alexander
Clerk of the Board, of Supervisors
. _ Agenda Item;, Tues., Feb. 4, 9:30 aem'.
R-576
Honorable Laurence J. Schmitt February 3, 1975
Supervisor
Attention: Steve Knoblock Second District
Adrian Kuyper County Counsel
Agenda Item 74, TuesdAy, February 4, 19'75
Pursuant.to your request, there follows a revised paragraph
5.of the agreement between the City and the County whereby any
sums contributed.by the County would be repaid if the title dies
not continue to remain in the City of Huntington Beach at any*
future date.' -
CITY agrees that the project acquired under
this program must be retained for public parks, public.
recreation or open space purposes in perpetuity,.along-
with a level of operation and maintenance adequate to
insure. the maximum utilization of.the project,by the
I fry,
:
Cite of Huntinoto . Beach
• `IZ
P.O. BOX 900 CALIFOIRNIA 9254a
. Jl OFFICE OF THE MAYOR
February 4, 1975
The Honorable Board of Supervisors
County_of Orange
Administration Building, Room 605
515 North Sycamore
Santa Ana, California
Attention: Ralph A. Diedrich, Chairman
Gentlemen: i
The Huntington Beach City Council at its regularly.
scheduled meeting of February 3, 1975,.voted to
guarantee to the Orange County Board of Supervisors
that the City of Huntington Beach woul.d,,if necessary,
utilize general funds to insure that Meadowlark Golf
Curse would be maintained as open space.... This
letter will serve as the City's assurance that we will
comply with the County's desires in this respect.
Yours very truly,
Alvin M. Coen
Mayor
STA t4",,T OF THE ACTION
OF THE CITY COGTMIL
Mayor Coen called the regular,
of the City of Huntington� Beach to order at 7:00 P.M.
Present: Shipley, Bartlett, Gibbs, Matney, Duke, Coen
Absent: Wieder
Council Chamber, City Hall.
Huntington Beach, California
Monday, February 3,1975
meeting of the City Council
* i * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
The Council directed that the city Administrator be authorized to guarantee to
the Board of Supervisors that the City, xepres6nts- the position of the. citizens who
have signed the petition urging that the Meadowlark Golf Course remain in open space
and that if necessary, the City would utilize General Funds or additional revenue
sharing funds to keep the4Meadowlark Golf Course as such.
On motion by Bartlett the regular meeting of the City
Council of the City,of Huntington Beach adjourned at 9:15 P.M.
tOFridaY, February 14, 1975 at 1:30 P.M. in the Central City LibKary_-
The motion was passed by the following vote:
AYES: Shipley, Bartlett, Gibbs, Matney, Duke, Coen
NOES: None
ABSENT: Wieder
ATTEST:
Alicia M. Wentworth
City Clerk
STATE OF CALIFORNIA
County of orange SS:
City of Huntington Beach)
Alicia M. Wentworth
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
BY:Deputy:_ 6'ven"'e..
I Alvin M. Coen e-I
Mayor
I I, ALICIA M. WENTWORTH, the duly elected and qualified City Clerk of the City
of Huntington Beach, California, do hereby certify that the above and'fOregoing is a
true and correct Statement of Action of the City Council of said Cityiat their regular
meeting held on the 3rd day of February--, 197",
WITNESS my hand and seal of the said City of Huntington Beach this th(� 4th—day of
February —, 19 75 - it
Alicia Mj Wentworth
City Clerk andlex-officio Clerk
of the City Co*cil of the'CLty
of Huntington Leach, Californi-
By
Deputy
'r1 v
C.,
Penn General Agencies of California. Ins•. 25(I(1 Wilshire (3uultcar�l P0. Box �79'0iLos Angeles, California � 0057
381- 381
Cahle: W1:13LINN
April 11, 1975
Mr. William S. Amsbary
Deputy City Attorney
City of Huntington Beach
P.O. Box 190
Huntington Beach, California 92648
RE: MEADOW LARK
GOLF COURSE
Dear Mr. Amsbary:
Per your letter of April 4, 1975, we are enclosing a
completed Certificate.of Insurance evidencing the
existance of Central National Insurance Company Policy
No. CNU 12-27-60 which provides a limit of liability of
$2,000,000.00 over and above the primary Public Liability
Policy previously forwarded to you. Both the primary
liability policy and, the umbrella liability policy name
the City of Huntington Beach, a Municipal Corporation,.
as their interest may appear.
We feel this limit of $2,000,000.00 more than fulfills
the City's requirement for public liability insurance.
Very truly yours,
1000
PK
THOMAS A. FERGUSON
TAF:er
Enclosure
cc: Ms. Vicki Higgins
Golf of Southern California Ltd.
P.O.Box 1087
Pacific Palisades, CA. 90272
f7
STATEMENT OF THE ACTION OF CITY COUNCIL.
Counc• i I chamber, CI t y Hal 1
llunLington Beach, California
Tuesday, February 18, 1975
Mayor Coen called the regular adjourned meeting of the City
Council of the City of Huntington Beach to order at 5:30 P.M.
Councilmen Present: Bartlett, Gibbs, Wieder, Coen
Councilmen Absent: Shipley, Matney, Duke
EXECUTION OF ESCROW INSTRUCTIONS AUTHORIZED - MEADOWLARK GOLF COURSE
On motion by Wieder, Council directed and authorized the City Attorney
to 'execute escrow instructions in connection with acquisition of Meadowlark
Golf Course, subject to his approval. The motion was passed by the following
roll call vote:
AYES: Bartlett, Gibbs, Wieder, Coen
NOES: None
ABSENT: Shipley, Matney, Duke
On motion by Bartlett the regular adjourned . meeting of the
City Council of the City of Huntington Beach adjourned at 7:00 p.M.
to at in the _ Council Chamber
The motion was passed by the following vote:
AYES: Councilmen: Bartlett, Gibbs, Wieder, Coen
NOES: Councilmen: None
ABSENT: Councilmen: Shipley, Matney, Duke
_Alicia M. Wentworth_
City Clerk and ex-offi.cio Clerk
of the City Council of the City
ATTEST: of Huntington Beach, California.
Alicia M. Wentworth
City Clerk
STATE OF CALIFORNIA )
County of Orange ) ss:
City of Huntington Beach )
Alvin M. Coen
Mayor
I, ALICIA M. WENTWORTH, the duly elected and qualified City Clerk of the
City of Huntington Beach, California, do hereby certify that the above and foregoing
is a true and correct Statement of Action of the City Council of said City at their
regular _ meeting held on the 18th day of _February , 19 75
WITNESS my hand and seal of the said City of Huntington Beach this the 19th day
of February , 1975
Alicia M. Wentworth
City Clerk and ex-officio Clerk
of the City Council of the City
of Hunti ton each, California
BY
Deputy
STATL, iT.OF THE ACTION OF THE CITY C*sIL
avor. Coen called the regular
of the, City of Huntington Beach to order at 7:00 P.M.
Present: Bartlett, Gibbs, Matney, Wieder, Duke, Coen
Shipley -(arrived at 7:22 P.M.) _
Absent: None
Shortly after the Council convened the Mayor and Councilman Shipley excused themselves
from the remainder of the meeting. The Mayor turned the meeting over to Mayor Pro Tempore
Gibbs to chair.
AGREEMENT - COUNTY OF ORANGE & CITY OF HUNTINGTON BEACH - MEADOWLARK COUNTRY CLUB - APPROVED
The Deputy City Clerk presented an.agreement between .the City of Huntington Beach and
the County of Orange,whereby.the County of Orange agrees to share some of its, General
Revenue Sharing Funds with the .City of Huntington Beach for the purpose of acquiring the
Meadowlark Country Club and related properties.
On motion by Duke, Council approved the agreement between the City of Huntington Beach.,,
and the County of Orange whereby the County of Orange agrees to share some of its
General Revenue Sharing Funds with the City for the purpose of acquiring the Meadowlark .
Country Club and related properties. The motion was passed by the following vote:.,
AYES: Bartlett, Gibbs, Matney, Wieder, Duke
NOES: None
ABSENT:., Shipley, Coen
On motion by Bartlett the regular meeting of the City
Council'of the City of Huntington Beach adjourned at_9 :45 P.M:
to Monday, November 4, 1974 at 5:30 P.M. in the Council er:
The motion was passed by the following vote:
AYES: _Ba.rtiett, Gibbs, Matney, Wieder, Duke
NOES. _None
ABSENT: Shipley: Coen
ATTEST:
Alicia M. Wentworth
City Clerk
STATE OF CALIFORNIA )
County of Orange ) SS:
City of Huntington Beach)
Alicia M. Wentworth
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
By: Connie A. Brockwa
Deputy'Ci' ty Clerk
Norma Brandel -Gibb5
Mayor, Pro Tempore
I, ALICIA M. WENTWORTH, the duly elected --and qualified City Clerk of the"City
of Huntington Beach, California, des hereby certify that the above and foregoing is,a
true and correct Statement of Action of the City Council of said City at their regular
meeting held on the 21st day of October , 19 74,.
WITNESS my hand and seal of the said City of Huntington Beach this the 22nd day of.
October 1974
Alicia M. Wentworth
City Clerk and ex-off.icio. Clerk
of the City Council of the City
of Huntington Beach, California
BY
Deputy
�r
City ®f Huntington Beach
P.O. BOX ISO CALIFORNIA 9260.
OFFICE OF THE CITY CLERK •
October 22, 1974
Board of Supervisors
P.O. Box 687
Santa Ana, CA 92702
Gentlemen:
The City Council of the City of Huntington Beach, at its regular
meeting held Monday, October 21, 1974, approved the Agreement
between the City and the County of Orange whereby the County agrees
to share a portion of its General Revenue Sharing Funds with the
City of Huntington Beach for the purpose of acquiring the Meadowlark
Country Club and related properties.
Enclosed is the original and a copy of the executed agreement for
your approval and signature, Please return a duly executed copy of
said agreement for our records.
Sincerely,
s
Alicia M. Wentworth
City Clerk
AWR : cb
enc.
pa /A 117V
CUT Y OF HUNVONGTOM, BEACH CA 74-103
COUNCIL - ADMINISTRATOR COMMUNICATION
HUNTINGTON BEACH
To Honorable Mayor and From City Administrator
City Council Members
Subject COMMENTS RE AGENDA ITEMS Date October 1.7, 1974
Ml, M2 AND M3
After many months of negotiations, City Council members will
have the opportunity to review and consider the approval of
the following agreements: Meadowlark Country Club Acquisition
Agreement; Agreement between the City of Huntington Beach and
the County of Orange regarding the acquisition of the Golf
Course and eucalyptus grove; the Lease Agreement between the
City of Huntington Beach and Golf of Southern California, Ltd®
All of these agreements have been carefully reviewed by the
legal staff and they have expressed their approval. In addition,
Mr. Steve Stern of O'Melveny & Myers has also been involved in
the preparation of the agreement between the City and the sellers
of Meadowlark Golf Course.
In talking with Steve Stern this afternoon, he advised me that
copies of the escrow instructions will be delivered to my office
tomorrow (Friday). 1 shall send these to the members of the City
Council along with some other material in the normal Friday CA
tomorrow afternoon so that you will have the opportunity to
review all of the materials over this coming weekend. As I have
explained to you previously, the ultimate consummation of these
transactions will be dependent on a favorable IRS ruling and the
completion of the appraisal which the County is requiring.
I want to express my appreciation to Councilman Duke in particular,
to the Mayor and the members of the City Council for your guidance
and support during these drawn out negotiations. Hopefullyj all
of the conditions of the escrow can be met during these coming
weeks so that all of the agreements can be ultimately approved.
Respectfully submitted,
David D. Rowlands
City Administrator
DDR: eh
i
CITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To: ROBERT FRANZ, Director of Administrative Services
From: GAIL HUTTON, City Attorney
Date: October 20, 1994
Subject: OPINION REGARDING EARLY PAYOFF OF MEADOWLARK
COUNTRY CLUB ACQUISITION AGREEMENT
RLS #94-712
QUESTION:
What is the earliest date the city has a right to pay off the note relating to the
Meadowlark Golf Course acquisition.
ANSWER:
November of 1994, if the original closing date on the purchase was November 1974.
ANALYSIS:
The Meadowlark Country Club Acquisition Agreement provides at page 13, Section 14,
as follows:
The City shall have no right to prepay principal or interest
prior to the 20th anniversary date of the Closing. On or
after such 20th anniversary date, any outstanding balance
of principal, interest or both may be prepaid by the City
without penalty at any time and in any amount.
(Emphasis added.)
Accordingly, if the "date of the closing" was in November 1974, then "on or after the
20th anniversary ..." (or November 1994), "any outstanding balance may be prepaid . .
. without penalty at any time."
CONCLUSION:
Assuming a date of closing in November 1974, the City may pay off the note "on or
after" November 1994.
4,L'r-
41e/ _
GAIL HUTTON
City Attorney
C' FOR COUNC'I'i ACTION
ISICILAPPROVEDCOUNCIL
I -A—, 19 l 'O Date: November 21, 1994
, TIMWORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Admini
PREPARED BY: ROBERT J. FRANZ, Deputy City Administrator
SUBJECT: EARLY PAYMENT OF MEADOWLARK GOLF COURSE OTE
Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Environmental Status, Attachment(s)
Statement of Issue: The City currently owes $1,583,000 on a note payable to a private party for
the acquisition of Meadowlark Golf Course. There is an option to prepay the entire amount.
Recommended Action: Approve the option for early payment of the Meadowlark Golf Course
Note Payable.
Analysis: Meadowlark Golf Course was acquired in 1974 as part of an agreement with a private
partnership. The original note amount was $2,228,000 and the current amount owed by the City
on the note is $1,583,000 and will vary slightly depending on the date of the repayment. The
note bears interest at 7%. The agreement did not allow for a prepayment until November, 1994.
The note would be paid off by 2009 if it is not prepaid.. At present, the Meadowlark Golf Course
Fund has a cash balance of approximately $2,083,000.
Staff is recommending that the note be prepaid entirely for the following reasons:
® Would allow approximately $500,000 of excess funds in the Meadowlark Golf
Course Fund to be used for other purposes.
® Annual lease payments from American Golf Corporation (which leases the
facility from the City) of an estimated $300,000 would go into the General Fund
because the note would be paid off. (The adopted budget already assumes this
payoff and transfer of $300,000 to the General Fund in 1994/95.)
® Annual debt service payments on the note of $150,000 would terminate.
The September, 1994 interest rate on funds earned by the County Investment Pool was 6.74%,
providing another advantage for the City to pay off the note paying 7%.
Funding Source: Meadowlark Golf Course Fund.
Alternative Action(s): Do not pay off the loan, in which case excess funds could not be
transferred to the General Fund and alternative budgetary decisions would need to be made.
0005946.01 11 /10/94 3:11 P M
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AGREEMENT
JOHN'.
./\6l#ty
„fl4il ll
THIS AGREEMENT made and entered into this 21st day of
October ► 1974, by and between the CITY OF HUNTINGTON BEACH,
a municipal corporation, hereinafter referred to as "CITY," and the
COUNTCOUNTY OF ORANGE, o a. h of � c Californiaft-er
Y 1 �• •.� ... :.iVi.}:s.Os� vi. .iic? State oil- l..�icY':=iixai�.�,;.
i
referred to as "COUNTY,"
W I. T N .E S `S E T fi :
WHEREAS, COUNTY has agreed to share some of its general revenue
sharing funds with cities, and the City of Huntington Beach has rz.gllested
that one of these revenue sharing projects be the acquisition of public
;golf course and its adjacent grove now called the Meadowlark Country
,Club for recreational use; and
WHEREAS, Meadowlark Country Club and grove is a private recrea-
tional facility serving the entire northern and western sectors of
Grange County and other areas within a ten -mile radius; and
WHEREAS, CITY has a local parks ordinance in effect whereby
developers donate fees or land in ratio to five (5) acres of park;
per 1,00C population,which is well in excess of the standard ratio; and
WHEREAS, CITY has an adopted element of its General Plan showing
parks and recreational lands and facilities existing and proposed; and
WHEREAS, CITY proposes to acquire the Meadowlark Country.Club
and grove; and
WHEREAS, CITY desires COUNTY to contribute $600,000 of its
general revenue sharing funds for said purpose;
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual promises,
1covenant:s and conditions hereinafter set forth, the parties hereto agree
as follows:
1. Meadowlark Country Clue and grove (hereinaftar referred to
as "Meadowlark") is located in the City of. Huntington Beach, CaIifornia.
2, The parties hereto agree that the cost of acquisition for
recreational use will include the acreage and improvements as sho,",n
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in Exhibit "A" of this Agreement and shall be divided between the
CITY and the COUNTY, the CITY to pay over the entire period of the proec
more than 50 percent of the cost and the COUNTY shall pay the sum of
Six Hundred Thousand Dollars ($600,000). The CITY shall be responsible
for cost of acquisition and design overhead, as well as operation
and maintenance; such costs are not included in the joint funding.
3.. CITY acknowledges that the funds being provided by COUNT`.,'
are.funds received by the County of- Orange pursuant to the.State--and
Local Fiscal Assistance Act of 1972, Public Law 92-512, and that ex-
penditure of these funds must be in accordance with said law and
regulation issued.by agencies of the federal government. CITY further
acknowledges that when such funds are used on any construction project
for which 25 percent or more of the costs are paid out of revenue funds,
prevailing wages must be paid in accordance with the Davis Bacon Act,
as amended, 40 USC 276a-276a-7 and that labor standards as specified
by the Secretary of Labor must be complied with. CITY agrees.that'if
subsequently determined that said funds were not expended in compliance
with the federal laws and regulations or this Agreement, CITY will
refund the COUNTY such funds which were improperly -expended.
4. No person shall, on grounds of race, color, national origin,
or sex, be excluded from participation in, be denied the benefits of,
or be subjected to discrimination under, any program or activity
funded in whole or in part with funds made available under this contract.
5% tiTY agrees that the project -acquired under -'this program
must be retained for public parks, public recreation or' --open spac6
purposes in perpetuity, along with a level_of=operation--and maintenance
adequate to insure the maximum utilization of.the project _by the.public
Tor recreation purposes and that the .use -of. the property shall'be granted
to all residents,of.the COUNTY on the same ,condition that residents of _.
CITY,use the property and that, if.the property ceases to be used for_
said purpose, or.if:title to said property ceases to remain in.CITY, CITY
shall repay.to.COUNTY the sum contributed by the COUNTY hereunder.
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6. COUNTY and CITY r_-ccgnize that Meadowlark is being
acquired by CITY pursuant to an acquisition agreement between CITY
and Gomer J. Sims, et al., whereby CITY agrees to make a down pay-
ment of $928,000 payable on closing date and providing for subse-
quent installment payments out of a special fund to be created by
CITY under the provisions that CITY is immediately required to ente
-into a lease whereby a portion of the property involved will be
operated as a public golf course with the proceeds from said lease
to be deposited into the special fund created by CITY to be solely
for payments for the purchase of property. The remainder of the
;property, consisting of a wooded grove and a single-family resi-
dence, will be retained by the CITY and used exclusively and sole
for additional public recreational purposes, such as, but'not
limited to, the following: day or overnight camping, the establish
ment of play and picnic areas, and as a site for group meetings and
for other purposes compatible with location and terrain.
7. COUNTY agrees that it will, at time of closing, but
no later than February 28, 1975, pay the sum of $600,000 to the
sellers of the property on behalf of CITY, provided the following
conditions are met.
a. Approval of appraisal regarding value of property
being acquired by CITY, by COUNTY's Director of Real Property
Services indicating that the purchase price of the property in-
volved does not exceed the fair market value of said property.
b. Approval of title report, concerning the conditio
-of title of Meadowlark issued by Title Insurance and Trust Company,
by COUNTY's Director of Real Property Services indicating that
condition of title will be vested in CITY, subject to no liens,
charges, mortgages, encumbrances, claims or equities which will i
interfere with the use of said property.
c. Approval by the Board of Supervisors of COUNTY o
the lease between CITY and Golf of Southern California, Ltd., where,-
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by the CITY concl_irrently, at ti?:e of purchase, is lea: inL> said
property to lessee for operation as a public golf course.
d. Approval by Board of Supervisors of COUNTY of the
quisition agreement bztween th,e CITY and sellers.
e. Approval of closing documents by COUNTY's
Director of meal Property Services.
8. The CITY shall'm?intain accounting records and other _
evidence pertaining to costs, which records shall be kept available
at the CITY's office during the contract period and thereafter for
five years from the date of final payment of County revenue sharing
funds, and -shall make said records available to COU2ITY for any
I
purpose of any kind, and that quarterly progress reports will be
supplied by the CITY to the County Administrative Office.
9. The CITY agrees that during the term of the
oolf course lease.it shall continue to maintain the special
fund required by the acquisition agreement, and after all payments
nd interest have been made on the purchase price, CITY will share
the balance with the COUNTY in the special fund throughout the
period of the lease and shall share the balance with the COUNTY on
an equal basis, including the balance in -the fund on the date the
original term of lease expires, provided, however, that COUNTY's
hare shall not .exceed $600,000.
10. CITY agrees and guarantees to COUNTY that CITY will,
if necessary, use general funds of CITY to insure that Meadowlark
Golf Course will be maintained as open space.
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j IN WITNESS ,HEREOF, the parties hereto have executed this
Agreement the day and year first above written.
COUNTY /OF ORANGE
rIL
By
4Ch irman, Board of Supervisors
ATTEST:
WILLIAM E. ST JOHN, Count;-
Clerk and ex-officio Clerk
of the Board of Supervisors
of Orange County, California
By
4.i/VL9
APPROVED AS TO, FORM:
ADRIAN KUYPER, County_Counsel
_� By_
ATTEST:"ti`�"JTb70RTH
City Clerk
By
Deputy City Clerk �f
APPROVED AS TO FORM:
11 Ji
f ity Attoro'ey
CITY OF HUNTINGTON BEACH, a municipal
corporation
�t r
By
Mayor
APPROVED AS TO CONTENT:
City Administrator
r.
5.
A
,r SEP 18.9574
15
MEADOWLARK COUNTRY CLUB ACQUISITION AGREEMENT
This Meadowlark Country Club Acquisition Agree-
ment (the "Agreement") made as of the 1st day of September,
1974, by the City of Huntington Beach, a municipal corpora-
tion (the "City") and Gomer J. Sims and-Aelen M. Sims,
husband and wife as community property, as to an undivided
45.8%; Roland W. Sims, as his sole and separate property,
as to an undivided 4.2%; Cecil B. Hollingsworth, as his
sole and separate property, as to an undivided 25%;
Vern N. Hollingsworth and Gretchen Hollingsworth, husband
and wife as community property, as to an undivided 12.5%;
Jerald C. Hollingsworth and Judith Hollingsworth, husband
and wife as.community property, as town undivided 11%;
C. A. Pinney, Jr. as Trustee for Scott Hollingsworth, as
to an undivided 112%; C. A. Pinney, Jr ..",,.,,as Trustee for
Kimberly Hollingsworth, as to an undivided 112%; C. A.
Pinney, Jr. as Trustee for Christopher B. Hollingsworth,
as to an undivided 112%, (hereinafter referred to as
"Sellers");
W I T N E S S E T H
WHEREAS, the Sellers now own a golf course and
related properties, (the "Golf Course") (a description
and inventory of such properties being attached hereto
as Exhibit A) within the City; and
WHEREAS, the City desires to purchase the Golf
Course from the Sellers, and the Sellers desire to sell
the Golf Course to the City;
NOW, THEREFORE, for and in consideration of
the mutual promises and agreements herein contained and
for other good, valuable and adequate consideration .
the parties hereto agree as follows:
Section 1. Agreement of Purchase and Sale.
Upon the terms and conditions herein set forth,
the City agrees to buy from the Sellers and the Sellers
agree on the .Date of Closing (hereinafter defined) to
sell, convey, assign, transfer and deliver to the City
the Golf Course.
Section 2. Representations and Warranties by
the Sellers..
The Sellers, jointly and severally represent,
warrant and agree:
(a) Authority to Execute Agreement. No further
action by or filing with.any governmental authority
is necessary for the valid execution or delivery of
this Agreement by the Sellers or forthe transfer to
the City of the Golf Course.
(b) Title to Properties.
(1) The Sellers have good and marketable
title to the properties and assets set forth
on Exhibit A. subject to matters or exceptions,
if any, set forth therein, and on the Date of
Closing hereinafter referred to, the Sellers
will have and will transfer to the City good
2.
1
and marketable title by grant deed to such
properties (except such of said properties
as may be consumed by use and replaced by
substantially equivalent properties or dis-
posed of in the ordinary course of business)
free and clear of all liens, charges, mortgages,
encumbrances, claims or equities of any kind
whatsoever, except as stated in said Exhibit A.
(2) The Sellers shall quitclaim their
entire right, title and interest in and to
all properties being transferred hereunder
which are not set forth on Exhibit A and repre-
sent (i) that the Sellers have been in posses-
sion of said properties under claim of right
and that they have no knowledge or notice that
such claim is disputed, (ii) that the Sellers
have not heretofore conveyed any interest in
said properties which in their opinion would
materially interfere with the Sellers' or the
City's right to the use of or posse.ssion of
said properties as a recreational and golf
facility, and (iii) that they do not know of
any liens, charges, encumbrances, claims or
equities whatsoever upon or in said properties*
which would materially interfere with the use
thereof.
(3) Sellers shall retain all mineral
rights to the Golf Course real property below
3.
a level of 500 feet and shall have'the right
subject to all City laws and procedures to
construct a drill site on the Golf Course,
using below surface pumping units. One site
shall be permitted which shall be limited
to the area of the existing maintenance
yard. Said drill site shall be constructed
In -a manner such as to provide minimal inter-
ference with play on the Golf Course. The
drill site area shall be landscaped so as
to minimize visual intrusion upon,the Golf
Course. Reasonable ingress and egress to said
drill site shall be permitted to Sellers.
(c) No Litigation. There is no suit, action
or legal, administrative, arbitration or other.
proceeding pending, or to the knowledge of the Sel-
lers, threatened against the Sellers, jointly or
severally which affects said Golf Course or the
sale thereof hereunder. In the event any new pro-
ceedings shall be commenced or, to the Sellers'
knowledge, threatened with respect to the Sellers
or any part of the Golf Course, the Sellers shall
promptly upon receipt of.notice thereof mail notice
thereof to the City at the address hereinafter set
forth.
(d) Sales and Use Tax. It is believed by the
parties hereto that the sale of the -properties to
the City contemplated by this Agreement will be,
4.
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I
t
if consummated, an occasional or casual sale within
the meaning of said law.
Section 3. Particular Agreements of the
Sellers.
The Sellers covenant and agree to and with the
City as follows:
(a) Conduct of Business. The Sellers will not,
without the prior written consent of the City, enter
into any material transaction relative to the Golf
Course other than in the ordinary course of business.
(b) Sale or Transfer of Operating Property.
No part of the Golf Course used therein or useful
thereto and no water rights or easements, if any,
will be voluntarily sold, transferred or encumbered
by the Sellers without the prior written consent
of the City.
(c) Maintenance and Repairs. From and after
the date hereof and until the Date of Closing, as
hereinafter defined, the Sellers will maintain and
preserve the Golf Course in its present condition.
(d) Insurance. From and after the date hereof
and until the Date of Closing, the Sellers shall con-
tinue to carry the existing insurance, which may be
cancelled after the Date of Closing. _
5•
1
O
(e) Taxes. The Sellers will pay all -federal
and state conveyance or deed stamp taxes required
to be paid in respect of the transfer of any real
property hereunder. All ad valorem taxes with re-
spect to the Golf Course, whether prepaid or whether
constituting a lien against the Sellers shall be
prorated as of 12.01 A.M. on the Date.of Closing.
It is specifically agreed that the City shall not
assume and shall not in any manner be responsible
for any liability or obligations of the Sellers for
any federal, state or local taxes or charges on or
measured by income, and assessments, interest, penal-
ties or other charges relating to any such taxes,
or for any other taxes or charges levied or imposed
by any federal, state or local government incurred
to the Date of Closing, except as herein expressly
provided.
(f) Information and Access to the City. As
and when from time to time requested by the City
before the Date of Closing, the Sellers will give
to the City and its counsel, accountants and other,
representatives full access, in such manner as does
not interfere with the operation of the Golf Course,
during normal business hours, to all the properties,
contracts, documents and records of the Sellers
which in any way pertain to the physical Golf Course
Facilities and will furnish the City all such docu-
ments and copies of documents and records and informa-
tion with respect to the Golf Course as the City may
6,
from time to,time reasonably request. The above
language shall not be construed to include books of
account or the financial records of the Sellers.
(g) Further Assurance. As and when from time
to time requested by the City (but not later than
one year after the Date of Closing) and without
further consideration, the Sellers, at their expense,
will execute and deliver such instruments of convey-
ance and transfer and take such other action as may
be necessary in order more effectively to convey and
transfer title to any of the properties and assets
comprising the Golf Course.
(h) Title Reports. The Sellers shall order
from and prior to the Date of Closing shall furnish
City with title reports issued by Title Insurance
and Trust Company, Los Angeles, California, on the
title to the parcels of real property set forth in
said Exhibit A. The cost of said reports shall be
at the Sellers' expense.
Section 5. Title to be Conveyed.
All property in the Golf Course shall be con-
veyed by the Sellers to the City by deed, bill.of sale,
quitclaim deed or other conveyance in the form and exe-
cution satisfactory to counsel for the,Sellers and the
City Attorney.
7.
Section 6., Time of Transfer and.Closing.
The time of transfer shall be at such time and
on such date (not later than January 1, 1975) as the City
shall designate in writing upon not less than fifteen
days' notice (such date and time being in this Agreement
sometimes referred to as the "Date of Closing"). At the
Date of Closing the Sellers will convey title to all
property and assets to be transferred to the City here-
under. Simultaneously with the completion of the transfer
or'as soon as reasonably practicable thereafter the Sellers
will put the City into full possession and enjoyment of
all of the Golf Course transferred hereunder.
Section 7. Conditions Precedent to the Sellers'
Obligations.
The obligations of the Sellers hereunder are sub-
ject to fulfillment, prior to or on the Date of Closing, of
the following conditions:
(a) The City shall have entered into or made
provision for the operation of the Golf Course on
such terms and conditions as shall be satisfactory
to the Sellers.
(b) Payment of,the down payment as set forth
herein.
(c) Receipt of a ruling from the Internal Reve-
nue Service that the interest to be received hereunder -
will be exempt from federal income taxes.
8.
Section 8. Conditions Precedent to the City's
Obligations.
The obligations of the City hereunder are subject
to fulfillment, prior to or on the Date of Closing, of each
of the following conditions:
(a) Representations and Warranties True at
Closing. All representations and warranties by the
Sellers which are contained in this Agreement shall
be true and correct on and as of the Date of Closing
as though said representations and warranties were
made at and as of such time.
(b) Performance. The Sellers shall have per-
formed and complied with all agreements or conditions
required by this Agreement to be performed and com-
plied with by them prior to or on the Date of Closing.
(c) Title Insurance. The Sellers, at their ex-
pense, shall have furnished the City at'the Date of
Closing a policy or policies of title insurance issued
by Title Insurance and Trust Company, Los Angeles,
California, in the California Land Title Association
form, covering the parcels of real property set forth
in Exhibit A, to be sold hereunder, and showing title
thereto vested in the City subject to no liens,
charges, mortgages, encumbrances, claims or equities,
except such as are set forth in said -Exhibit A or
permitted by this Agreement. -
9•
(d) Loss or Destruction of Properties. The
properties and assets to be sold hereunder shall not
have suffered any material and substantial damage
(whether or not the loss therefrom shall have been
insured) by fire, flood, accident or other calamity.
(e) Receipt by the City from Orange County of
moneys in the amount of $600,000. Such moneys shall
be used to satisfy the condition set forth in sub-
section (b) of Section 7 hereof and to the extent that
there are any excess moneys after the satisfaction of
such condition, they shall be deposited in the Meadowlark
Fund hereinafter created.
Section 9. Use of Best Efforts to Satisf
Conditions.
The Sellers and the City will, in good faith,
each use their best efforts to the end that each of said
conditions set forth in this Agreement shall be satisfied.
Section 10. Termination.
Any party may on the Date of Closing forthwith
terminate this Agreement, without liability to any other,
if any condition precedent to such party's obligation here-
under shall not have been satisfied at the Date of Closing,
or if, at said time, such party is unable to proceed with
said closing because of litigation or the threat thereof.
Any party may give notice to any other party in -
the manner hereinafter provided on or at any time prior
10.
s
to the Date of Closing of its intention to terminate this.
Agreement because of default made by such other party in
the observance or in the due and timely performance of any
of its covenants and agreements herein contained. Said
notice shall state the nature of the default and give the
other party a reasonable time, but in no case beyond the
Date of Closing, to cure said default. If said default
is not cured within said time said party may by further
notice given in the manner hereinafter provided terminate
this Agreement.
Section 11. Manner of Giving Notice.
Notice shall be deemed sufficiently given if in
writing and if either served personally upon the City
Clerk at the City Hall, or upon the Sellers, or mailed
by registered mail to the City Clerk at the City Hall,
or to the Sellers, in care of Charles A. Pinney, Jr., Esq.,
444 South 8th Street, E1 Centro, California 42243, or such
other address as any party shall advise the others in
writing.. Copies of any such noties given prior to the
Date of Closing shall also be mailed to Title Insurance
and Trust Company, 433 South Spring Street, Los Angeles,
California 90013, Attention: Escrow Department, Escrow
No. 7317541,.
Section 12. Counterparts.
This Agreement may be executed in a number of
counterparts all'of which shall together constitute one
Agreement.
11.
l
Section 13. Continuation of Covenants.
All covenants, agreements, representations and
warranties made herein shall survive the execution of this
Agreement, and the execution and delivery of all documents
delivered pursuant thereto.
Section 14. Terms of Purchase.
The purchase price of the Golf Course shall be
$3,200,000> The purchase, price shall be paid to the
Sellers as follows:
(a) On the Date of Closing, the amount of
$928,000 shall be paid to the Sellers;
(b) The balance of the purchase price shall
be paid in the amounts and on the dates in each of
the years as shown in Exhibit B attached hereto
and made a part hereof.
Interest on the unpaid balance of principal then outstand-
ing (herein called the "Unpaid Balance") at the rate of
7% per annum shall be paid to the Sellers in accordance
with Exhibit B hereto. Payments made hereunder shall
first be credited to the interest payment then due, and
the remainder applied to the Unpaid Balance. If any in-
stallment of the Unpaid Balance is not paid in full when
due, or if any interest payment is not paid in full when
due, then said delinquent sum shall bear interest at the
rate of 7% per annum until paid in full. Said install- _
meets of the Unpaid Balance and said interest payments
12.
shall be payable in lawful money of the United States of
America at the Huntington Beach branch of -the Bank of
America N.T. & S.A. The City shall have no right to prepay
principal or interest prior to the 20th anniversary date
of the Closing. On or after such 20th anniversary date,
any outstanding balance of principal, interest or both
may be prepaid by the City without penalty at any time
and in any amount.
Section 15. Pledge of Gross Revenues.
All of the installments of the Unpaid Balance
and interest thereon shall be and are a special obliga-
tion of the City and shall be and are secured by a pledge
of and lien upon and shall be and are a charge upon and
shall be and are payable solely from the gross revenues
of the Golf Course, as herein provided.
For the purpose of this Agreement , "gross reve-
nues" are defined to be all gross income and revenues
received by the City from the Golf Course, including
all fees, tolls, rates and other charges, and all gross
income and revenues of all improvements, or additions to
the Golf Course. Said gross revenues and any interest
earned on said revenues shall constitute a trust fund
for the security and payment of the Unpaid Balance and
interest thereon and so long as any of the Unpaid Balance
or interest thereon is unpaid said gross revenues and
the interest earnings thereon shall not be used for any
other purpose and shall be held in trust and shall be
applied pursuant to this Agreement or to this Agreement
as modified pursuant to the provisions herein.
13.
The City may, however, withdraw from the Meadow-
lark Fund in each fiscal year, an amount or amounts, which
at no time in such fiscal year will exceed $200,000, to be
used for any other lawful City purpose, provided that such
amounts so withdrawn shall be repaid by the City within
the fiscal year that such moneys were so withdrawn.
Nothing contained herein shall be construed to
constitute a pledge of any revenues from any facility other
than the Golf Course and any improvements or additions
thereto, or a pledge of any other revenues.
Section 16.
No General City Liability.
The general fund of the City is not liable for
the payment of the Unpaid Balance or interest thereon,
nor is the credit or taxing power of the City pledged
for the payment thereof. The exercise of the taxing
power by the City shall not be compelled nor shall the
City be compelled to forfeit any of its property ac-
quired pursuant to this Agreement or any of its other
property, except the gross revenues of the Golf Course.
The Unpaid Balance and interest thereon is not a debt
of the City nor a legal or equitable pledge,.charge,
lien or encumbrance upon any of its property, or upon
any of its income, receipts, or revenues, except the
gross revenues of the Golf Course which are under the
terms of this Agreement pledged and charged to the pay-
ment thereof; provided, however, that nothing in this
Agreement shall prevent the City from discharging any -
obligation under this Agreement in accordance with the
14.
terms thereof, if at any time it desires to do so, from
any other legally available funds.
Section 17. Meadowlark Golf Course Fund.
At a reasonable time prior to the Date of Clos-
ing the City shall create in the City Treasury a separate
fund to be designated the Meadowlark Golf Course Fund (the
"Meadowlark Fund"). All the gross income and revenues of
the Golf Course, including all fees, tolls, rates and
other charges received by the City from the operation of
the Golf Course, on and after the Date of Closing, shall
be paid into the Meadowlark Fund and payments from said
fund shall be made only as provided by this Agreement.
Section 18. P & I Account.
On the Date of Closing, the City shall transfer
moneys in an amount sufficient taking into account esti-
mated earnings to accrue from operation of the Golf Course
and the interest earnings on investments to pay on the 1st
anniversary date from the Date of Closing the amount of
$472,000. Not later than the last day of the 23rd calendar
month following the Date of Closing and annually`thereafter
so long as any of the Unpaid Balance or interest thereon
remains outstanding there shall be set aside and transferred
within the Meadowlark Fund to the P & I Account the full
amount`required to pay, as it becomes due, the installment
next coming due of the Unpaid Balance and interest thereon.
Such sums shall be so transferred out of the -
Meadowlark Fund and not out of any other fund, account
15.
or moneys of the City. Money set aside and placed in
said P & I Account shall be expended only for the pay-
ment of the Unpaid Balance and interest thereon, includ-
ing accrued interest on any installment of principal which
is prepaid as provided in Section 14, and shall not be
used for any other purpose whatever except that any such.
money so set aside and placed in said account which at any
time may be in excess of the amount which at that time is
required by the terms of this Section to be in said account
in cash may (i) be temporarily invested in any authorized
securities eligible for investment by public agencies in
the State of California, and (ii) in the event that the City
should operate the Golf Course, used for the reasonable main-
tenance and operation thereof. After all of the Unpaid Bal-
ance and interest thereon has been paid any money remain-
ing in said account shall be transferred to the Meadowlark
Fund.
Section 19. Warranty.
The City shall preserve and protect the security
of this Agreement and the rights of the Sellers and their
successors or assigns, and warrant and defend these rights
against all claims and demands of all persons.
Section 20. Covenants of the City.
So long as the Unpaid Balance and interest thereon
is unpaid or so long as provision for the full payment and
discharge thereof through the setting apart in the P & I
Account of money sufficient for that purpose has not been -
made, the City makes the following covenants with the Sellers,
lb.
their successors or assigns (to be performed by the
City or its proper officers, agents or employees) which
are necessary, convenient and desirable to secure the pay-
ment of the Unpaid Balance and interest thereon; provided,
however, that said covenants do not require the City to
expend any funds other than revenues received or receiv-
able from the -Golf Course; and provided further, however,
that all said covenants shall terminate and be of no further
force and effect upon full payment of or due provision for
the payment of the Unpaid Balance and interest thereon.
A. Punctual Payment. The City covenants that
it will duly and punctually pay or cause to be paid said
installments of the Unpaid Balance and interest thereon
and that the payments into the P & I Account will be made,
all in strict conformity with the terms of this Agreement,
and that it will faithfully observe and perform all of the
conditions, covenants and requirements of this Agreement
and all agreements supplemental thereto, and that time of
such payment and performance is of the essence of the
City's contract with the Sellers.
B. Operate Golf Course in Efficient and
Economical Manner. The City covenants and agrees to
provide for the operation,of the Golf Course in an effi-
cient and economical manner and to operate and provide
for the maintenance and operation of the Golf Course in
good repair and working order. -
17.
In the event that the City fails to make pay-
ment of the amounts at the times and in the manner as pro-
vided in this Agreement, the Sellers, upon 30 days notice
to the City, shall have the right to take such action with,
respect to the operation of the Golf Course, which in the
Sellers' opinion, and consistent with applicable law, will
result in providing such funds to make the payments under
this Agreement. Such action may include, but shall not be
limited to, a substitution of operators for the Golf Course,
which may be the Sellers or a designee of the Sellers.
C. Against Sale, etc. The City covenants that
the Golf Course shall not be mortgaged or otherwise en-
cumbered, sold, leased, pledged, any charge placed thereon,
or disposed of in part or in whole unless such sale or
other disposition be so arranged as to provide for a con-
tinuance,of payments into the Meadowlark Fund sufficient
in amount to permit payment therefrom of the Unpaid Balance
and interest thereon and that the Golf Course and the
revenues therefrom shall not be mortgaged, encumbered,
sold, leased, pledged, any charge placed thereon, or
disposed of or used except as authorized by the terms
of this Agreement. The City further covenants that
it will not enter into any agreement which impairs the
operation of the Golf Course or any part of it neces-
sary to secure adequate revenues to pay the Unpaid
Balance and interest thereon or which would otherwise
impair the right of the Sellers with respect to the reve-
nues or operation of the Golf Course. If any part of
the Golf Course (herein defined to constitute any
individual sale for a consideration in excess of $1,000,
or any sale which would result in aggregate. sales in any
one calendar year in excess of $5,000) is sold, the pay-
ment therefor shall be placed in the P & I Account and
shall be applied to payment of the Unpaid Balance and
interest thereon. The City covenants that any amounts
received as awards as a result of the taking of all or
any part of the Golf Course by the lawful exercise of
eminent domain, if and to the extent that such right.can
be exercised against such property of the City, shall
be placed in the P & I Account and shall be applied to
payment of the Unpaid Balance and interest thereon; pro-
vided, however, that if the entire Golf Course is so
taken, and the proceeds available therefrom are insuf-
ficient to.pay in full the Unpaid Balance and interest
thereon, then in such event there shall be no further
liability on the part of the City to make up such de-
ficiency, and upon payment by the City of the proceeds
available, this Agreement shall terminate.
D. Insurance. The City covenants that it
shall at all times maintain or cause to be maintained
with responsible insurers all such insurance on the
Golf Course as is customarily maintained with respect
to works and properties of like character against
accident to, loss of or damage to such works or prop-
erties. Such insurance may be included as part of the
City's comprehensive insurance. If any useful part
of the Golf Course shall be damaged or destroyed such -
part shall be restored. to use. The money collected
19.
from insurance against accident to or destruction of
the Golf Course shall be used for repairing or re-
building the damaged or destroyed system and to the
extent not so applied shall be paid into the P & I
Account, to be applied to the payment of t'he Unpaid Bal-
ance and interest thereon. The City shall also main-
tain or cause to be maintained with responsible in-
surers workmen's compensation insurance and insurance
against public liability and property damage to the ex-
tent reasonably necessary to protect the City and the
Sellers.
E. Records and Accounts. The City covenants
that it shall cause to be kept proper books of record
and accounts of the Golf Course separate from all other
records and accounts in which complete and correct en-
tries shall be made of all transactions with regard to
the Golf Course. Said books shall at all times be sub-
ject to the inspection of any of the Sellers or their
representatives authorized in writing.
The City covenants that it will cause the
books and accounts of the Golf Course to be audited
annually by an independent certified public accountant
or firm of certified public accountants and will fur-
nish upon request a copy thereof to the Sellers.
F. Rates and Charges. The City covenants
that it shall prescribe, revise and collect charges -
for the services from the Golf Course which (after
20.
making allowances for contingencies and error in the
estimates) shall be at least sufficient to pay the
following amounts in the order set forth:
(1) All payments required to be made into
the P & I Account to pay the Unpaid Balance and
interest thereon as the same becomes due; and
(2) All payments required to meet any other
obligations of the City which are charges, liens,
encumbrances upon or payable from the gross reve-
nues of the Golf Course.
H. No Priority for Additional Debt. The City
covenants that no additional indebtedness, contract or
other obligation payable out of the gross revenues of the
Golf Course shall be created or incurred having any pri-
ority in payment of principal and interest out of the gross
revenues of the Golf Course over or with the payments re-
quired by this Agreement.
Section 21. Investment of Funds.
Obligations purchased as an investment of
moneys in any funds or accounts created pursuant to
this Agreement which are herein authorized to be in-
vested shall be deemed at all times to be a part of
such funds or accounts and the interest accruing there-
under and any profit realized from the investment shall
be credited to such funds or accounts and any loss re-
sulting from such investment shall be charged to such
21.
funds or accounts. The City shall sell at the best
price obtainable or present for redemption any obliga-
tions so purchased whenever.it shall be necessary to do
so in order to provide moneys to meet any payment or
transfer from such funds or accounts. For the purpose
of determining at any given time the balance in any such
fund or account any such investment constituting a part
of such fund or account shall be valued at the then
estimated or appraised market value of such investment.
Section 22. Modification by Mutual Consent.
By mutual consent the City and the Sellers
may amend, waive or modify.any provisions of 'this Agree-
ment. After any such consent, evidenced by writing, any
act pursuant to said amendment, waiver or modification
shall not be deemed an infringement of any of the pro-
visions of this Agreement, whatever the character of
such act may be, and may be done and performed as fully
and freely as if expressly permitted by the terms of
this Agreement and neither the Sellers nor the City shall
have any right or interest to object to such action or
in any manner to question the propriety thereof or to
r
enjoin or restrain any officer of the City from taking
any action pursuant thereto.
Section 23.
Enforcement.
The provisions of this Agreement constitute
a contract between the City and the Sellers, their
successors or assigns, and the provisions thereof shall -
22.
be enforceable by mandamus, accounting, mandatory in-
junction or any other suit, action or proceeding at law
or in equity that is now or may hereafter be authorized
under the laws of.the State of California in any court
of competent jurisdiction. Said contract is made under
and is to be construed in accordance with the laws of
the State of California.
No remedy conferred upon the Sellers is intended
to be exclusive of any other remedy, but each such remedy
is cumulative and in addition to every other remedy and
may be exercised without exhausting and without regard
to any other remedy conferred by any law of the State of
California. No waiver of any default or breach of duty
or contract by the Sellers shall affect any subsequent
default or breach of duty or contract or shall impair
any rights or remedies on said subsequent default or
breach. No delay or omission of the Sellers to exercise
any right or power accruing upon any default shall impair
any such right or power or shall be construed as a waiver
of any such default or acquiescence therein. Every
substantive right and every remedy conferred upon the
Sellers may be enforced and exercised as often as may
be deemed expedient.,
Section 24. Future Contracts.
Nothing herein contained shall be.deemed to
restrict or prohibit the City from making contracts or
creating bonded or other indebtedness payable from the
23.
general fund of the City or from taxes from any source
other than the revenues of the Golf Course herein pledged.
Section 25. Paying Agent.
The Huntington Beach branch of Bank of America
N.T. & S.A. is hereby appointed Paying Agent pursuant to
the Agreement. All payments required by this Agreement
to be paid to the Sellers shall be paid by the City to
the Paying Agent, which bank shall.in turn distribute such
payments to the Sellers as their interests shall appear to
the Paying Agent. All notices or statements required by
the City to be given hereunder shall similarly be given to
the Paying Agent for the account of the Sellers. The City
shall be under no liability with respect to any such dis-
tribution., and all payments made by the.City to the Paying
Agent hereunder shall discharge the obligation of the City
with respect thereto, to the extent so made. The charges
of the Paying Agent shall be borne by the Sellers as they
shall determine.
Section 26. Assignment.
The Sellers, or any of them, and any assignee of
of a Seller or his successor in interest, may assign
this Agreement or the right to receive any payment of
the Unpaid Balance and interest thereon due hereunder,
in whole or in part, and from time to time, subject,
however, to the following provisions:
(a) No such assignment shall be made prior -
to Ae Date of Closing without the City's consent.
24.
(b) In the event of any assignment of any
right to receive payments hereunder, each assignor
and each assignee shall deliver written instruc-
tions to the Paying Agent at the time of each
assignment, which instructions shall contain such
provisions as the parties deem appropriate, includ-
ing without limitation, instructions relative to
payment of the charges of the Paying Agent.
(c) Notwithstanding covenant E of Section 20
hereof, in. the event of any assignment the City
shall not be required to permit inspection of its
books except by a person (or a group of persons
acting through a single representative).owning the
right to receive at least 10% of the Unpaid Balance,
or his representative duly authorized in writing.
(d) After any assignment, any provision of
this Agreement may be amended, waived or modified
only by the City and person owning the,right to
receive 100% of the Unpaid Balance.
(e) No action may be brought hereunder except
to receive payment of principal and interest as
provided by this Agreement, except by, or with
the written consent of, persons owning the right
to receive at least 51% of the Unpaid Balance.
(f) The City shall be entitled to rely on its _
records or those of the Paying Agent in all respects
25.
f
as to the identity and amount of interest of any
Seller or assignee hereunder and both the City and
the Paying Agent may treat the Sellers and assignees
whose names appear in such records as.the absolute
owners of rights under this Agreement to the extent
shown in such records.
IN WITNESS WHEREOF, each of the parties here-
to has caused this instrument to be executed by its
respective officers or owners theretofore duly auth-
orized.
CITY OF HUNTINGTON_BEACH
Date of Signing: �Cf
Mayor Pro Tempore ox the City o
October 21 1974 Huntington Beach
ANPNC)VI-_ . : TO FORIM
ttest :
- -•----•............... ...._..-
DON P. EONFA
City Attorney
ALICIA M. WE 47WORTH
My Clerk'of the City of
Huntington Beach
(SEAL)
By:
APPROVED AS I',O�} CONTENT Deputy City Clerklor
CY........ ......-QR
-
26.
SELLERS
Date of Signing:
%4 C1974 6- j-" ,
Date of.Signing:
1974
Date of Signing:
1974
Date of Signing:
1974
Date of Signing:
19 7 4
Date of Signing: IF
1974 Ao
Date of Signing:
C/ 1974
Date of Signing:
1974
V
Date of Signing:
1974
Date of Signing:
1974
27..,
y
Parcel 1:
EXHIBIT A
The southwest quarter of the southeast quarter and the
south two-thirds of the west half of the northwest quarter
of the southeast quarter of Section 21, Township 5 south,
Range 11 west, in the Rancho La Bolsa Chica, City of
Huntington Beach, County of Orange, State of California,
as per map recorded in Book 51 Page 13 of Miscellaneous
Maps, in the office of the County Recorder of said County.
Parcel 2:
The east half of the northwest quarter of the southeast
quarter and the west half of the northeast quarter of the
southeast quarter of Section 21, Township 5 south, Range
11 West, in the Rancho La Bolsa Chica, City of Huntington
Beach, County of Orange, State of California, as per map
recorded in Book 51 Page 13 of Miscellaneous Maps, in the
office of the County Recorder .of said County.
Except the north 447.30 feet of the east 427.00 feet of
said west half.
Parcel 3:
The northwest quarter of the southeast quarter of the south-
east quarter of Section 21, Township 5 south, Range 11 west,
in the Rancho La Bolsa Chica, City of Huntington Beach,
County of Orange, State of California as per map recorded
in Book 51 Page 13 of Miscellaneous Maps, in the office of
the County Recorder of said County.
Parcel 4:
That portion of Block 4 of Tract No. 86 in the City of
Huntington Beach, County of Orange, State of California
as per Map recorded in Book 10 Pages 35 and'36 of
Miscellaneous Maps, in the office of the County Recorder
of said County, described as follows:
Beginning at a point on the north and south quarter
section line of Section 21 Township 5 south, Range 11
west, south 00 46' 30" east 66.0.74 feet from the center
of said section, said point being the southeast corner
of the land described in the deed to Cyril B. Bell et ux,
recorded November 23, 1946 in Book 1504 Page 195 of
Official Records; thence south 890 36' 00" west 580.80
feet along the southerly line of said land and the
westerly prolongation thereof; thence south 0° 46' 30"
x
east 300.00 feet; thence north 890 36' 00" east 580.80
feet to said north and south quarter section line; thence
north 0146' 30" west 300.00 feet to the point of beginning.
Parcel 6:
That portion of Block 4 of Tract No. 86 in the City of
Huntington Beach,.County of Orange, State of California,
as per map recorded in Book 10 Pages 35 and 36 of
Miscellaneous Maps, in the office of the County Recorder
of said County described as follows:
Beginning at the southwest corner of the land described as
Parcel 1 in the deed to Edmund J. Newbegin et ux, recorded
October 3, 1947 in Book 1567 Page 91 of Official Records;
thence north 00 46' 30" west 300.00 feet; thence south
890 36' 00" west 82.10 feet to the west line of said block;
thence south 00-46" 30" east 300.00 feet along Said west line
to the northwest corner of the land described in the deed
to Gloria Ampolilla et al, recorded July 30, 1959 in
Book 4818 Page 497 of Official Records; thence north
890 36' 00" east 82.10 feet to the point of beginning.
2.
Maintenance Area
1 Toro 7-gang Fairway Mowing Unit inc. tractor
1 Ryan Verticutter
1 Jacobsen Riding Greensmower, Triplex
2 Rotary Mowers
1 Wespoint Verticutter
I: Ford P±ukap Truck (not operative-)
1 Wheelbarrow
22 Large Rainbird Quick coupler sprinkler heads
9 Half-size Rainbird quick couplers
12 Rainbird couplers, #707
1 Fairbanks Morse Pump
3 Jacobsen greensmowers
1 50-gang mower reel unit
1 Ryan Sodcutter
1 Mc Lane Edger
1 Roller
1 Chalk marker
10 Metal lockers for storage of parts
1 Ryan Topdresser Spreader
1 Lawn Beauty Spreader
1 Sweeper
2 Cyclone Spreaders (seed and fertilizer)'
1 small set of hand tools
1 Tecumseh Sweeper
1 Posthole digger
1 Timeclock unit
Miscellaneous sprinkler parts and valves
Miscellaneous hose and plastic pipe sections
Assorted rakes, shovels, hoes
Assorted bags of fertilizer, lime and other supplies
3.
LARK ROOM -- Dining Room
1 ♦ y
2 Burgundy Vinyl Corner Booths,
6 Burgundy Vinyl Wall Booths
8 Walnut Plastic Tables, for 4
2 Walnut Plastic Tables, Round, 5
14 Burgundy Vinyl Chairs, straight -back
8 Burgundy Vinyl Swivel Chairs
2 Burgundy Vinyl Side chairs
4. Wrought Iron Overhead Light Fixtures
9 Wall -mounted wrought iron light fixtures,
3 Folding Service Racks for trays
1 Stainless Steel Serving Cart w 5 trays
4 Stainless Steel Champagne Servers
1 Formica Service Table
6 Plants, Plastic
2 Booster Chairs
LARK ROOM -- Reception Area
3 Burgundy Vinyl Booth Sections
2 Walnut Plastic Cocktail Tables
1 Hostess Station.w/Swivel Stool
1 Brass Costumer
1 Public Address System
1 Mounted Reservation Desk
1 Wrought Iron Overhead Fixture w 7.globes
LARK ROOM -- Main Bar
1 Two -Section Vinyl Burgundy Booth
2 Walnutastic Cocktail Tables
1 18- A Horseshoe Bar with Black Vinyl Pad
2 Complete Service Wells with matching sinks,
stainless steel
4 Floor -mounted reach -in refringerators
1 NCR Cash Register
9 Wrought -iron Suspended Light Fixtures, Single Globe
17 Burgundy Vir,yl Highback swivel bar stools (1 Broken)
4.
. ) /
Banauet Room and Bar
1 Cigaret Machine
4 Wrought -iron Suspended Light Fixtures
1 Table TV Set, C-A} Ackw►im�
1 Service Station Bar and Sink
1 Tap Beer Dispenser with 2 spigots
2 Mixers
1 NCR Cash Register
4 Wrought -iron ceiling -mounted light fixtures
1 Two -section Black vinyl wall booth
5 Walnut Plastic Cocktail tables
7 Black vinyl stack chairs
9 Black vinyl bar stools
1 Coke Cooler Box
1 Well with two -mix dispenser
1 Ice Machine (bar)
4 Assorted storage lockers
1 Wall Clock (Coke)
1 Refuse Can
2 Folding wooden door sections
1 Blond spinet piano
1 Ebony spinet piano
5 Ceiling -mounted wrought -iron light fixtures
26 Wrought -iron, candle -type light fixtures,
beam -mounted (1 globe missing; 2 broken)
1 Two -section black vinyl wall booth
24 Standard banquet tables
11 Stainless Steel 3-tier rolling carts
1 Ice Machine (Banquet Room)
10 Laminated knotty -pine tables on black pedestal
11 Formica tables, assorted
1 Industrial Vacuum cleaner
1. Time Clock
1 Stepladder (Aluminum)
2 Fire Extinguishers
1 Fire Hose
1 Plaster of Paris Wall Figure
220 Black Vinyl stack chairs
5.
LARK ROOM -- Piano Bar and Service Area
16 Black vinyl stack chairs
8 Wrought -iron suspended light fixtures
3 Overhead Lights (Spotlights)
1 Horseshoe -shaped Piano Bar w black vinyl pad
1 Microphone Assembly
Fan
1 Amplifier w/attachments
-2
1 Wooden Service Rack
1 Cigarette Machine
1 Cooler
1 Stainless Steel Warming Unit.
1 Formica Service Counter
1 Stainless Steel Warming Unit
1 Built-in Wooden Storage Rack w 5 shelves
1 Service Sink and Storage Rack
2 Refuse Cans
1 Champagne Server
8 Burgundy Vinyl curved wall booths
8 Walnut Plastic tables
4 Wrought -iron partition -mounted light fixtures
M.
I
s
Storaqe Room off Banquet Entrance
1
1
6 Standard banquet tables
1 Ember Glow Steam range w
25 Tan metal folding chairs
3 card tables
2 steel serving tray carts with three shelves
1 black vinyl side chair
1 mop, bucket assembly
2 wrought -iron suspended light fixtures
133 black vinyl and chrome folding chairs
Assorted and sundry banquet decorations
Coffee shop in main clubhouse building
4 Sectional black vinyl booths., wall mounted
6 Formica tables
1 Formica service counter
12 black vinyl stools
12 black vinyl chairs
4 Overhead light fixtures
3 Stainless Steel storage cabinets
1 Display and Control Counter
1 NCR Cash Register
1 Beer Dispenser w 2-spigots
wftll ems-.
7.
4
. 1 , 10
Clubhouse - Kitchen Area
1 Vulcan -Hart Foodwarmer
1 Ice Machine
1 Formica Cabinet and Shelves, Blt-in
1 Farmer Coffee Warmer, 3 Pot
1 Soft Drink Machine
1 Stainless Steel, Floor -Mounted
Storage rack w/2 reach -in refrigerators
1 Milk Dispenser, 2-spigot.
1 Floor -mounted Stainless Steel Water Dispenser
1 Starmaster Soup Warmer
1 Toaster - 4 unit
1 Ice Cream Box, 10 wells
1 Hobart Steel Refrigerator, 6 unit
1 Foster Refrigerator, 3-door.
1 Stainless Steel Double Sink
1 Hobart Mixer
1 Hobart Slicer
1 Globe Slicer
2 Stainless Steel Storage Tables, Farmer Bros.
1 Stanley Ducette Cooler
1 Blodgett Double Oven
1 Wolf Double Oven
1 Wolf Broiler
1 Stainless Steel Work Table w 2 Drawers
1 Wolf Gas Stove, 4-burner and Oven
1 Star Deep Fryer w 2 baskets
1 Floor Mounted.Steam Tray and Server's
Station with 7 wells
1 Sandwich and Salad Preparation Center
with build -in refrigerator units
1 Wolf Gas Stove w/4 burners, large griddle
and two ovens
1 Char - Broiler, built-in
1 Tyler Stainless Steel Refrigerator
1 Fire Extinguisher
1 Ansac Exhaust System
2 4-unit Toastmaster Toasters
1 Chopping Block Table & Storage Rack
1 Lectro Dishwashing Unit & complete station
1 Pot Sink, Stainless Steel, 2-well
1 Single Steel Sink
1 Walk-in Freezer
3 Steel Wire Racks
1 Desk and Chair
r.
Golf Shop Building
2 Brass Hatracks for Display
2 Banquet Tables, for Merchandise Display'
2 Shirt Display racks, black tubular w/chrome circle
1 Card Table
7 Overhead light fixtures
12 Double Fluorescent Lights, ceiling mounted
1 Wall Mirror
1 Fire Extinguisher
1 Free-standing wooden cabinet
1 Built-in shoe storage cabinet
1 Workbench w vise
1 Dunlap Grinder
1 Sink
2 Overhead light fixtures
1 Club Storage rack (back shop)
2 Wooden Storage Lockers
2 Metal Storage Lockers
1 blond wooden showcase and counter
assembly.of 4 sections
1 NCR cash register
2 Walnut plastic coated storage cabinets (office)
1. Single pedastal desk
1 Double Pedastal desk
3 black vinyl chairs
1 Fluorescent ceiling -mounted light fixture
1 Ohdner Adding Machine
1 Torpedo Portable Typewriter
1 Public Address System
1 Therma Control Electric Fan
1 Carpet Sweeper
1 Wooden Club rack
1 Walnut Formica Book display fixture on
pedastal base (rotary)
2 Acushnet putter display racks
1 Wilson club display rack
1 Ultradyne club display rack.
9.
h.
Men's Locker Room
1 Fire Extinguisher
86 Worley Steel Lockers, Floor -mounted, Half-size
85 Worley Steel Lockers, Floor -mounted, Full-size
2 Cigaret Machines
12 Double Flourescent Overhead light fixtures
6 trash cans
Ladies' Locker Room
26 Worley Steel Lockers, Floor -mounted, full size
1 brown -black fabric sofa
1 brown -black matching sofa chair
1 Walnut, plastic coated coffee table
1 card table
3 assorted chairs
3 stools
4 overhead fluorescent light fixtures
1 GE Wall Clock
2 trash cans
1 Red Star Fire Extinguisher
Cart Storage Area
Taylor Dunn Electric Carts (owned in fee)
35 Taylor Dunn Electric Carts (Leased)
Golf Course Snack Bar -- 3rd and loth Tee Area
1 Westinghouse Refrigerator
1 two -tap beer box
1 NCR cash register
1 Glenray Hotdog Machine
1 Stainless Steel Double Sink
1" Fire Extinguisher
2 black vinyl side chairs
2 redwood tables with formica tops & 4 matching benches
10.
EXHIBIT B
REPAYMENT SCHEDULE
Fiscal Balance Annual Payment Accrued Payment Of
Year* Start of near* End of Year* Interest** Principal**
1976
$2,272,000
$472,000
$159,040
$312,960
1977
1,959,040
150,000
137,133
12,867
1978
1,946,173
150,000
136,232
13,768
1979
1,9321,405
150,000
135,268
14,732
1980
1,917,67.3
150,000
134,237
15,763
1981
1,901,910
150,000
133,134
16,866
1982
1,855,044
150,000
131,953
18,047
1983
1,866,997
150,000
130,690
19,310
1984
1,847,687
150,000
129,338
20,662
1985
1,827,025
150,000
127,892
22,108
1986
1,804,917
150,000
126,344
23,656
1987
1,781,261
150,000
124,688
25,312
1988
1,755,949
150,000
122,916
27,084
1989
1,728,865
150,000
121,021
28,979
1990
1,699,886
150,000
118,992
31,008
1991
1,668,878
150,000
116,821
33,179
1992
1,635,699
150,000
114,499
35,501
1993
1,600,198
150,000
112,014
37,986
1994
1,562,211
150,000
109,355
40,645
1995
1,521,566
150,000
106,510
43,490
1996
1,478,075
150,000
103,465
46,535
1997
1,431,540
150,000
100,208.
49,792
1998
1,381,748
150,000
96,722
53,278
1999
1,328,470
150,000
92,993
57,007
2000
1,271,463
150,000
89,002
60,998
2001
1,210,465
150,000
84,733
65,267
2002
1,145,198
200,000
80,164
119,836
2003
1,025,362
200,000
71,775
128,224
2004
897,137
200,000
62,800
137,200
2005
759,937
200,000
53,196
146,804
2006
613,133
200,000
42,919
157,081
2007
456,052
200,000
31,924
168,078
2008
287,976
200,000
20,158
179,842
2009
108,134
115,703
7,569
108,134
* Fiscal year beginning on closing date.
** All amounts rounded to nearest dollar.
MINUTES OF THE BOARD OF SUPERVISORS
OF ORANGE COUNTY, CALIFORNIA
December 17, 1974
IN RE: E)RIENSION OF TIME REVISION OF THE ENVIRONMENTAL IMPACT
REPORT PROCEDURES OF THE COUNTY OF ORANGE
On motion of Supervisor Baker, duly seconded and unanimously
carried, an extension of time until January 21, 1975, is granted for
revision of "Environmental Impact Report Procedures of the County of
Orange", as requested by the Director of the Environmental Management
Agency in his letter dated December 17, 1.974.
IN RE: STATEMENT OF VOTES CAST ORANGE COUNTY RETIREMENT SYSTEM
ELECTION
On motion of Supervisor Diedrich, duly seconded and unanimously
carried, the Statement of Votes Cast in the Orange County Retirement
System Election, re-electing Fred Singer as a Board member for a term
of three years commencing January 1, 1975, submitted by the Registrar of
Voters, is received and ordered filed..
IIN RE: ENVIRONMENTAL IMPACT REPORT 74-71 BROADWAY
On motion of Supervisor Baker, duly seconded and unanimously
carried, Environmental Impact Report 74-71 and attachments for Broadway
between 120+ feet east of Thistle Road 160+ feet west of Brookhurst Stree
is certified as complete as the County's final Environmental Impact Repor
The Orange County Road Department is directed to proceed with the
final design of the subject project and establish right of way require-
ments, as recommended by the Road Commissioner and County Surveyor in his
Metter dated December 17, 1974.
IN RE: PROPOSED AGREEMENT REVENUE SHARING PARKS, RECREATION AND OPEN
SPACE ACQUISITION OF MEADOWLARK GOLF COURSE BY THE CITY OF
HUNTINGTON BEACH CONTINUED
On motion of :4i�c;� Vi sil�` T1,3 i .^il""[ t'.ii' : Ltl q. z>ec`�,`�°da }. c'3 :w :.: i,iiii zUi :��
Wu - _ y
carried, the proposed Revenue Sharing; Agreement with the City of.
Huntington Beach for the acquisition of Meadowlark Golf Course is
continued to December 31, 1974.
F 1013-2.2
7
CITY OF HUNTINGTON BLEACH CA 74-88
COUNCIL - ADMINISTRATOR COMMUNICATION
HUMINCTON BEACH
Honorable Mayor and
To City Council Members From City Adr:,.ini.strat(:)r
Subject Power of Attorney_ re Date August 30, 1974
Acquisition of Meadowlark
,Golf Course
Transmitted for City Council approval. at its meeting of
Tuesday, September 3, 1974, is Power of Attorney prepared
by bond counsel, O'Melveny & Myers, for execution by the
City Administrator in connection with the acquisition of
Meadowlark Golf Course.
The Power of Attorney is routine and necessary t: the
processing of the Internal Revenue Service ruling which
is part of the transaction with sellers of the golf course.
SUGGESTED ACTION:
Approve the Power of Attorney by which Jerry W. Carlton, Esq.
and Edward D. Burmeister, Jr., Esq. of the firm of O'Melveny
& Myers are appointed attorneys in fact to represent the
City of Huntington_ Be =ich 'uefore the Internal Revenue Service
with respect to the request for ruling in connection with the
acquisition of Meadawlark Golf Course, and authorize and direct
David D. Rowlands, City Administrator, to execute said Pow�::r
of Attorney.
Respectfully submitted,
DAVID D. ROWLANDS,
City Administrator
DDR:D'PB:er
V
Y
y'
Form 2848
(Rev. Aug. 1973)
lboartMent of the Treasury
Internal Revenue Service
0
Power ®f Attorney
(See the separate Instructions for Forms 2848 and 2848--D.)
Name, address including ZIP code, and identifying number of taxpayer(s)
City of Hunit :-ng�tcriCiBeach,- .California
hereby appoints (Name, address including ZIP code, and telephone number of appointee(s))
Jerry W. Carlton, Esq.
Edward D. Burmeister, Jr., Esq.
O'Melveny & Myers
611 West Sixth Street
Los Angeles, California 90017
(213) 620-1120
as attorneys) -in -fact to represent the taxpayer(s) before any office of the Internal Revenue Service with respect to the fol.
lowing Internal Revenue tax matters (specify the type(s) of tax and year(s) or period(s)):
In connection with acquisition of golf course.
Said attorneys) -in -fact (or either of them) shall, subject to revocation, have authority to receive confidential information and
full power to perform on behalf of the taxpayer(s) the following acts with respect to the above tax matters:
(Strike through any of the following which are not granted.)
To receive, but not to endorse and collect, checks in payment of any refund of internal Revenue taxes, penalties, or
Interest.
To execute waivers (including offers of waivers) of restrictions on assessment or collection of deficiencies in tax and
waivers of notice of disallowance of a claim for creditor refund.
To execute consents extending the statutory period for assessment or collection of taxes.
To execute closing agreements under section 7121 of the Internal Revenue Code.
To delegate authority or to substitute another representative.
Otheracts (specify)......................................................................................................................,....................................
Copies of notices and other written communications addressed to the taxpayer(s) In proceedings Involving the above matters
should be sent to (Name, address including ZIP code, and telephone number):
Edward D. Burmeister, Jr., Esq. (213) 620-1120
and O'Melveny & Myers
T76�.11 West Sixth Street q n
This powdl'�tPAW40'es a� , �rfp� }S ait�rl%�7 and tax information authorizations on file with the same Internal
Revenue office with respect to the same matters and years or periods covered by this instrument, except the following:
................... ..............-....... .................................... ........................ .......................................... ......... ................ ..... .......-............ ...........
(Specify to whom granted, date, and address including TIP code, or refer to attached copies of prior powers and authorizations)
Signature of or for taxpayer(a)_._�.._.—__.-------.------.-___--
If signed by a corporate c`fict-f, ;partner, or f duciaq cn behalf of the taxpayer, i certify that I have the authority to execute
w.• this power of attarney on behalf of the taApayea.
................................... ...... ... ...... -------------------------------------,----------- __..._._ -------------•------------_
(Signature) (title, if apRlicabk;) (Date)
..................................................... _........................,.-....--------_^------- .._.._._.._
(Signature) (Title, If applicable) (Date)
ues-16- 92986-1 (The applicable portion of tf -back pago must also be executed.) ` Form 2848 (Rev. 8-73)
If the power of attorney is granted to an attorney, certified public accountant, or enrolled agent, this declaration must be
completed.
I declare that I am not currently under suspension or disbarment from practice before the Internal Revenure '.ervice,
and thati"-
I am a.member in good standing of the bar * of the highest court of the jurisdiction indicated below; or
I aril d6lygLiafiiiidt6 practice"as a certified public accountant in the jurisdiction indicated below; or
I am enrolled as an agent pursuant to the requirements of Tmasury Department Circular No. 230,
Designation
(Attorney, C.P.A.,
or Agent)
Jurlsd�'ctlor
(State.etc.)
or Enrollment
Card Number
Signature
W. Carlton
Date
AttorneyO(erry
Attorney
Lalifornia
77—
Edward D. Burmeister?
If the power of attorney is granted to a person other than an attorney, certified public accountant, or enrolled agent, it
must be witnessed or notarized below.
The person(s) signing as or for the tax payer(s): (Check and complete one.)
El Is/are known to and signed In the presence of the two disinterested witnesses whose signatures appear here:
................. --.— ... .... ...... . ....................... ........ .............. .... ....... ...... .
(Signature of Witness) (Date)
................ .... ... .......................... .......
(Signature of Witness) (Da"a)
0 appeared this day befure o notary PL1h!1,: and acknowledged this power of attorney as hit/her/their voluntary act and dead.
.......... ---- ---. 1-1. NC1TJkR1AL SEAL
(Signature of Notary) (Date', (if required)
r, -0VLRj,1,MN"r PRMUIG OFFICE 1813 454-1b,
w
El
t
SUPERVISOR, SECOND DISTRICT
DAVID L. BAKER
ORANGE COUNTY ADMINISTRATION BUILDING
515 NORTH SYCAMORE, P.O. BOX 838, SANTA ANA. CALIFORNIA 92702
PHONE: 834-3220 (AREA CODE 714)
September 19, 1973
The Honorable Jerry A. Matney
Mayor of the City of Huntington Beach
F. 0. Box 190
Huntington Beach, California 92648
Dear Jerry:
Appended is a copy of the Board Resolution of August 28,
1973 wherein the County committed an additional $350,000
above and beyond the initial revenue sharing allocation
for the purchase of Meadowlark Golf Course.
I think it is a tribute to the City Council and to the
people of Huntington Beach that they had the foresight
and the courage to seek to protect Meadowlark Golf Course
from urban development.
DLB/ld
Enclosure
Cordially,
�-"
David L. Baker
SEP 2 0 1973
OF HUNTINCTON tFIX71
MISTUTWE DFFTr"
/a—
18
19
20
21
22
23
24
25
26
27
28
29
31
32
RESOLUTION OF THE BOARD OF SUPERVISORS OF �
��Y v�
O1'ANGE COUNTY, CALIFORNIA
August 28, 1.973
On motion of Supervisor Baker, duly seconded and carried, the
following Resolution was adopted:
WHEREAS, the City of Huntington Beach has requested that the
County of Orange provide additional revenue sharing funds to the City for
the purchase of Meadowlark Golf Course; and
WHEREAS, in the opinion of this Board, this request should be
granted;
NOW, THEREFORE, BE IT RESOLVED as follows:
1. The County does commit the sum of $350,000 additional funds
for the purchase of Meadowlark Golf Course.
2. County Counsel is directed to prepare necessary documents when
information is received from the City of Huntington Beach and present them
to this Board.
/
AYES: SUPERVISORS DAVID L. BAKER, RALPH A. DIEDRICH, R. W. BATTIN,
RALPH B. CLARK, AND RONALD W. CASPERS
NOES: SUPERVISORS NONE
ABSEIIT : SUPERVISORS NONE
S TAT E OF CAL IFO RN IA )
/0-1.. /
ss.
COUNTY OF ORANGE )
I, WILLIAM E. ST JOP14, County Clerk and ex-officio Clerk of the
Board of Supervisors of Orange County, California, hereby certify that
the above and foregoing Resolution was duly and regularly adopted by th--
said Board at a re-ular meeting thereof held on the 281--h day of
At A 19: and passed by a. 'un,niir.ousvote of
Zelaid Board ,
.'
IN WITNESS MIIEREO , I have hereon o�- sit' ray- hand ";nd, seal this
.. ". 8Il'day of A ofi s1. q .�i- �. •, ... F' S,
�•l • W ILL IAM E. ST JC1IN ,d
Cou(.I.cs >� and ex-off;---io Clerk
a ,�t-y �
Resolution 73-1027 of the. oardt of sv�perv-iscrs of
�:evenue S`aari.ng Funds Ora nge"•County , Ca -1 if o rni a
for McEi•'a�:ilark Golf
Course - City of j r:
1��r� �.ington Beach By ti. .� .i r_ �' �• )
i)L�puty
STATEMENT OF THE ACTION OF CITY COUNCIL
Council Chamber, City Hall
Huntington Beach, California
Monday, March, 19, 1973
Mayor Coen called the regular
City Council of the City of Huntington Beach to order at 7:00 P.M.
meeting of the
Councilmen Present:_ Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
Councilmen Absent: None
:c �cx;Y;� k4e9cx;'c;c:c4e4e9c;"c:'c:cx9c:c4e9c9c;�x;'e4e4e9c4e;�4e4e�c%4e4e4e4e:c9c4e9c4e4e k;": 9c�ex�e9c9c��e9e:e� x�e�e�c4e:r,Y
APPRAISAL - MEADOWLARK GOLF COURSE - APPROVED
The City Administrator informed Council that they had been provided with the communication
received from Goode & Goode Appraisers regarding the preparation of a current market value
estimate relating to Meadowlark Golf Course.
He informed the Council that among the firms considered to perform the appraisal, the selec-
tion of the firm of Goode & Goode was mutually acceptable to the City and Meadowlark Golf
Course.
The Administrator outlined the following three options relative to the cost of the appraisal
services and recommended that Council approve Option No. 3.
Option No. 1 - Appraisal based upon perpetual land use restriction to Golf Course - $4,750
Option No. 2 - Appraisal report based upon highest and best use (Subdivision): - $4,750
Option No. 3 - Appraisal report including both 1 and 2 above: - $7,500
A motion was made by Councilman Duke to accept Option No. 3 to provide an appraisal based upon
perpetual land use restriction to Golf Course and an appraisal report based upon highest and
best use (Subdivision). The motion was passed by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
;Y;C4e;:4e9e;�;Y k;'c9c4c4c4cx9c�ex;Y4cx4e4e9c4c;.4e9c;Y4c;Y9c�c;Y;Y�c;Y�c4c�e9cx�c9c�e;�x�c4e;'c4c9c;Y kx4e;Y4c;"c;"c9c;4;Y;':;, k4e
On motion by Bartlett the regular meeting of the
City Council of the City of Huntington Beach adjourned at 11:50 P.M.
to at in the
The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
ATTEST:
Paul C. Jones
City Clerk
By Ernestina Di_Fab io
Assistant City Clerk
Paul_ C. .Tones
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
By Ernestina Di Fabio
Assistant City Clerk
Alvin M. Coen
Mayor
STATE OF CALIFORNIA )
County of Orange ) ss:
City of Huntington Beach )
I, PAUL C. JONES, the duly elected, qualified and acting City Clerk of the City of
Huntington Beach, California, do hereby certify that the above and foregoing is a true
and correct Statement of Action of the City Council of said City at their regular
meeting held on the 19th day of March 1973.
WITNESS my hand and seal of the said City of Huntington Beach this the 21stday of
March , 19 73.
Paul.C. Jones
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntingtor_-Beach California
BY:
.r1"X �'' 13, ]A�
Deputy
VALUATION CONSULTANTS ® REAL ESTATE COUNSELORS 1614 E.17th St., Santa Ana, Calif. 92701(AC 714) 547-5464
S F.' GOODS, SR.,.MAI (1888 - 1972)
S EGOODE, 1R , MAI
G E. SCEIMIT7, MAI
March 16, 1973
Mr. David D. Rowlands, City Administrator
City of Huntington Beach
6th and Pecan, P. O, Box 190
Huntington Beach, Ca, 92648
Re: Meadowlark Golf Course
Current Market Value
Dear Mr, Rowlands:
lA.PI'ROYED BY CITY GOUNG;--
`__._..� .19.—.-.
During our discussion with you on March 14, 1973, we agreed to furnish you
with a proposal as to the cost of preparing a current market value estimate
relating to Meadowlark Golf Course.
In accordance with your instructions, we are reciting our fees in a manner
which will accommodate the various options which appear to be available.
We have also included certain basic assumptions, discussed with you, which
arecritical to the accuracy and cost of our services. -
Property to be Appraised
Approximate Area:, 96. 54 acres
Assessor's Parcel Nos: 146-191-3 and 4, 146-181-1 and 2
Date of Value: Current
Assumptions
1) It is assumed that the property to be appraised consists of the Meadowlark
Golf Course, including the residence of Mr, Gomer Sims, but specifically
excluding other lands under the same ownership which are not utilized for
golf course purposes, a portion of which are non contiguous..
�? G
Mr. David D. Rowlands
City Administrator
-2-
March 16, 1973
2) It is assumed that all necessary engineering information will be provided
by the Department of Public Works, City of Huntington Beach provided
however, that if in the judgment of the appraiser, additional engineering
information is required in order to reach a proper solution of the appraisal
problem, then the additional cost for same shall be paid for by the City
over and above the fee schedule reported below.
3) No consideration shall be given to personal property, fixtures, and equip-
ment.
4) The cost figures recited include services up to the delivery of the written
appraisal report. It is assumed that any subsequent services whether
relating to requirement for testimony, depositions, or conferences, etc.
will be paid by the City of Huntington Beach under separate authorization.
Cost of Appraisal Services
Option No. 1:
Appraisal based upon perpetual land use restriction to
Golf Course :
Option No. 2:
$4, 750
Appraisal report based upon highest and best use {Subdivision: $4, 750
Option No. 3:
Appraisal report including both 1 and 2 above: $7, 500
Option No. 4:
If the appraisal report is to contain an estimate as to the value
of the Gomer Sims Residence, including the land upon which it
is situated, as a separate parcel, $250 should be added to any
of the above options.
We are prepared to furnish the services outlined above and provide .a written
detailed appraisal report within 60 - 90 days. of date of authorization.
.r
Mr. David D. Rowlands
City Administrator
-3-
March 16, 1973
We presently are reserving the time in our work schedule required to complete
this project, and will continue to reserve it until March 20th, by which time we
trust we will have received some response from you with respect to the project.
In the event supplementary information is necessary, please advise us at your
convenience.
SEG/dm
I
CALIFORNIA GOLF
19400 Mountain View Avenue
Yorba Linda, California 92686
528-7264
July 5, 1973
Mr. David Rowlands
City Administrator - Huntington Beach
P.O. Box 190
Huntington Beach, Ca 92648
Dear Mr. Rowlands:
Listed below you will find our estimations in regard to the improvements that
are nec�.'-,.ssary at Meadowlark Golf Course. You will note that we give the
down as well as the up side on each of the different areas involved:
1/ Club house including pro shop, restuarant,
bar, rest rooms, office area, cart storage, etc.
2 / Irrigation system
3/ Dri%ving range
4/ Cart paths and parking lot
5/ Refurbish greens, traps, landscaping,
fencing and golf course maintenance equipment
6/ Miscellaneous
$ 2000000 to $ 300-,;000
$ 175, 000 to $ 22 5, 000
$ 25,000 to $ 40,000
$ 2 0, 000 to $ 35, 000
$ 50, 000 to $ 100, 000
$ 30, 000 to $ 50, 000
$ 500, 000 to $ 750, 000
Please accept the fact that until we have full access to the entire location, a
finalized and firm cost projection will be impossible. We are quite certain,
however, that these figures represent a fair and reasonable estimation.
Sincerely, „ --
E. C. Burns
Pre sident
CALIFORNIA GOLF
DY11171 !IR°.T..............t.................. ....... c
J
r1V y
y
1�.
From the desk of:
CONNIE BROCKWAY
City Clerk's office
536-5226
Warren:
The original of this insurance should be
in your office- Ralph, the one who used to
work in your office, said the insurance
did not conform to their agrmt, and to
hang on Qkx to it. What now?
SERVICE REQUEST
CITY OF HUNTINGTON BEACH
Alicia Wentworth
To City Clerk Date 7-17-73
MEADOWLARK GOLF COURSE
The City Council directed the Mayor and City
Clerk to execute the July 16, 1973 Letter of
Consent r .questing S & S Construction Company
to extend the escrow on the Meadowlark Golf
Course for 60 days .
i -
i
f
0<2
PLEASE REPLY TO Signed /-�-
David D: 'Rowlands
City Administrator
I
i
Date Signed
Redifprm
4S 465 SEND PARTS 1 AND 3 WITH CARBONS INTACT.
Poly Pak(50 sets) 4P465 PART 3 WILL BE RETURNED WITH REPLY.
ell
(Do 402' QYP
INTER -DEPARTMENT COMMUNICATION
HUNTINGTON OEACH
O d
To City Administrator and From Recreation & Parks
City Council Commission
Subject Meadowlark Golf Course
Date June 18, 1973
The Recreation and Parks Commission reviewed the
results of the citizen's survey in regard to city pre-
servation of the Meadowlark Golf Course through acquisi-
tion of the property. Following much discussion,
Mr. McClish moved the Recreation and Parks Commission
recommend to the City Administrator and City Council
that Meadowlark Golf Course be acquired by the city to
prevent further loss of open green space in Huntington
Beach, but to advise that this recommendation is not
meant as a substitute for acquisition of Phase III,
Huntington Central Park.
NW:ac
cc: Recreation & Parks
Commission
40
Respectfully submitted,
9
orm !or thy, Sec/eetary
Huntington Beach Recreation
and Parks Commission
FRI
0
MEADOWLARK GOLF COURSE PROJECT
June 1, 1973
Part I
Alternative Methods of Preserving
Meadowlark Golf Course
1. City Regulation - Police Power -
The City may zone the property ROS (Recreation Open
Space), thereby limiting the use of the property to
its present use or to another use permitted in this
zone. This may be done based upon the fact that the
property has been master plannedgolf course since
August 5, 1963. It is also shown on the Orange County
Open Space and Conservation Plan.
Another reason for this may be based upon the fact
the owners are not being deprived of using the land
in such a way as to derive a reasonable profit. It
is true that the land may have a higher value as
R1, but so does R2 property have a higher value than
R1 and R3 over R2, etc. This is a matter which must
be reconciled by the Planning Commission and City
Council when developing a master plan to provide for
orderly growth and a well balanced community.
2. Private -
Seek outside operator to purchase. This may be
accomplished in conjunction with alternative No. 1,
zoning the property ROS. The City has been approached
by three different organizations interested in acquir-
ing this property as a golf course. They consider that
a financially feasible investment figure is $2,000,000.
3. Combined Public -Private -
Open Space - Recreational Easement
A private operator may purchase the golf course at top
dollar value based upon the ultimate use being a golf
course. The City, perhaps with County assistance,
could make up the difference in price between its value
as a golf course and residential development by purchasing
an open space -recreational easement with other deed
restrictions as deemed necessary. (It may be that
ownership of the golf course would eventually revert to
the City with the operation of the golf course remaining
under private control.)
r
This method is being used in other areas of the country
to preserve open space. The difficulty is in accepting
that you have purchased an intangible item and that a
private operator is able to make a profit on the land.
4. Public -
a. General Obligation Bond
Approval requires 2/3 vote of those voting at an
election called for the purpose of authorizing
such bonds. The City's borrowing capacity is well
below the maximum allowed.
b. Revenue Bond
Approval requires a simple majority of votes at a
special election. Bonds must be secured solely by
the revenue of the facility or associated facilities
financed by their issuance.
C. Non -Profit Corporation
No election is required. The facility must not be
operated so as to profit any individual or company.
The present Public Facilities Corporation could be
used for this purpose.
d. Joint Powers Agreement With Orange County
This is possible per the study which was to have
been conducted by the City and County to acquire
Meadowlark Airport, Meadowlark Golf Course, and
miscellaneous parcels in the area. The property
would be redesigned to have the golf course serve
as a greenbelt approach zone for the airport.
Of these possibilities, the best method of financing appears
to be non-profit corporation for the following reasons:
1) It would be difficult to obtain a 2/3 vote needed
for approval of general obligation bonds.
2) In order to make revenue bonds salable, the
principle amount .of the -bond .should be sufficiently
small so that annual principle and interest
payment is less than the revenues available for
bond service.
Revenue bonds secured by revenues of a golf
course are not generally marketable because it
is difficult to predict that sufficient revenue
will be generated.
-2-
3) The possibility of forming a joint powers
agreement with Orange County to develop a
golf course -airport complex was previously
rejected by the City Council because of the
undesirable aspects of an airport.
4) Non-profit corporation will allow the City to
move quicker than the other alternatives in
that no election is required. Also, bonds
may be serviced from the Public Facilities
Fund which already has a predictable means of
deriving revenue, i.e., utility tax.
Also, the City may set aside a portion of
revenue sharing monies allocated to the City
as well as seek County assistance through their
revenue sharing monies which have been set aside
for preserving parks, recreation and open space.
Part II
Other Considerations
1. Any development would require approval of an Environmental
Impact Report. This report would have to address itself to
the following:
a. Removal of 96.5 acres of open space and recreational
facility.
b. Potential destruction of a significant archaeological
site as identified by Archaeological Research, Inc. of
Costa Mesa.
C. The ability of schools to accommodate the increase in
the number of students generated from a residential
development.
d. The additional traffic, noise and public service
requirements generated from a residential development.
e. Soil conditions are such that special consideration
must be given to this area.
f. Possible destruction of the natural features, i.e.,
lakes, topography, tree stands, etc.
2. The R1 zone was applied in 1965 as an interim measure because
it was the lowest zone classification permitting a golf course.
Alternative uses have never been considered. It may well be
that if this land is not suited to golf course use it should
definitely be considered for larger lot zoning due to natural
features such as topography, soil, lakes, tree stand, and
other natural features.
-3-
V 0
Part III
Significant Factors Concerning
The Escrow
1. The escrow covers 108 acres of land. The golf course is
only 96.5 acres, thus 11.5 acres are either vacant or
devoted to another use.
2. Total consideration is $4,335,000, subject to several
contingencies.
3. R1 roper.ty is valued at $40,000/acre; R2 property is valued
at ,000/acre.
4. 105 acres zoned R1 X $40,000 = $4,200,000
3+ acres zoned R2 X $45,000 = $135,000.
S. Areas which are presently used for right of way easements or
which are to be dedicated are to be subtracted from the area
to be purchased. This could amount to approximately 25% of
total land area or $1,083,750, leaving a net value of -
$3,251,250.
6. Taking the 96.5 acre golf course and subtracting the 25%
(24.1 acres) leaves 72.4 acres valued at $40,000 = $2,896,000.
The remaining 11.5 acres could be sold by the City for
development.
It is noted that the probability of the City getting top
dollar ($40,000 and $45,000/acre) is unlikely. The reason
being that the large area of the golf course provided the
incentive for the higher price.
7. The owners propose to retain the clubhouse and the 3 acres
of land upon which it is located. It is our opinion that
this cannot be done as the clubhouse is an integral part of
the golf course and, as such, must go if the.golf course
goes. This point may be of some value when negotiating with
the landowners.
8. The $2.9 million value of the golf course should be further
reduced when the preservation of the natural resources, i.e.,
trees, bluff, lake, soil, etc. and the archaeological site
are brought out and the potential yield of lots per acre is
reduced.
In conclusion, it is the position of the staff that all proposals
for the use of this land for any purpose other than a golf course
should be rejected and the City should negotiate based upon the
golf course being the highest and best use.
-4-
Amount Required
$ 2,000,000
5%
6%
7%
$ 3,000,000
5%
6%
7%
$ 4,000,000
5%
6%
7%
Number of Years Equivalent Property Tax Rate
20 Years 25 Years 30 Years 20 Years 2'5 Years 30 Years
Based in Est, Current $449,000,000 A.V.
160,480
141,900
130,100
.03574
.03160
174,360-
156,460
145,300
.03883
.03485
188,780
171,620
161,180
.04204
.03822
240,720
212,850
195,150
.05361
.04741
261,540
234,690
217,950
:05825.
.05227
283,170
257,430
24.1,770
.06307
.05733
320,960
283,800
260,200
.07148
.06321
348,720
312,920
290,600
.07767
.06969
377,560
343,240
322,360
.o84o9
.07645
Cost to Taxpayer Per Year with $40,000 Home
Assessed @ $10,000
At 6%
20 Years 25 Years 30 Years
$ 2,000,000 3.88 3.49 3.24
$ 3,000,000 5.83 5.23 4.85
$ 4,000,000 7.77 6.97 6.47
At 7% '
20 Years 25 Years
4.20 3.82
6.31 5.13
8.41 7.65
.02897
.03236
.03590
.04346
.o4854
.05385
.05975
.06472
.07179
30 Years
3.59
5.39
7.18
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11190"W VldJ/L: 8 !W{uftu6 and wf:l dva commit
Tot The Honorable Mayor and City Council of the
City of Huntington Beach
Subjects Preservation of Meadowlark Golf Course
The HOME Council of Huntington Beach was asked to
coordinate efforts on behalf of citizens of Huntington Beach
to preserve the open -space recreational area commonly known
as Meadowlark Golf Course. As part of this effort, the HOME
Council aided several promenent organizations in circulating
petitions to help determine the preference of the citizens of
the city regarding the retention of this valuable asset in its
present state.
In less than two weeks, over 5000 signatures of local
residents have been gathered in support of retaining the
Meadowlark Golf Course as recreational open space.
Following are some of the more promement reasons for this
positions
1. Preservation of a recreational open space
2. Preservation of a refuge for birds and small animals
3. Preservation of a mature, green area
4. Can be operated as a self-supporting facility
5. Master -planned as open space by City of Huntington
Beach as well as County of Orange
6. Facility currently provides needed banquet and res-
taurant space
7. Retention as open space will also avoid the further
increase in housing density and its inherent problems,
namely: a. further burdening of school system
b. increase in traffic and attendant
pollution
c. detremental increased demands on
public utilities and city services,
such as fire, police, street maintenence, etc.
(2)
In addition, Public Resources Government Code Section
21000(c) states: The Legislature finds and declares that it
is necessary to provide a high quality environment that at
all times is healthful and pleasing to the senses and the
Intellect of man. The petitions submitted prove that the
Meadowlark Golf Course is pleasing to the visual senses of a
large number'of citizens of Huntington Beach.
The State Subdivision Map Act, Business and Professions
Code Section 11526(c) states that no city or county shall
approve a tentative or final subdivision map unless the governing
body shall find that the proposed subdivision is consistent with
applicable general or specific plans of the city or county.
Therefore, as the area has been designated as a recreational
open space on the city's Plaster Plan, no subdivision can be
approved.
Government Code Section 65860 states that the county and
city ordinance shall be consistent with the General Plan by
July 1, 1973. Therefore it seems incumbent upon the City
Council and the Planning Commission of Huntington Beach to
rezone the property to recreational open space per the ordin-
ance adopted on June 4, 1973• Section (b) of this ordinance
provides that any resident may bring action in Superior Court
to enforce compliance.
The HOME Council therefore recommends that the City
Council of Huntington Beach retain and preserve the Meadow-
lark Golf Course in its present recreational open space state
through acquisition, if necessary, or through rezoning action.
Respectfully,
Kenneth Kerins,
President
HOME Council of
Huntington Beach
cc : Mr. Rowlands
Mr. Bonfa
0
HOMEUANi ERS MUTUAL EXECUTIVE COUNCIL, INC,. HUNTINGTON BEACH, CALIFORNIA
WHEREAS the City of Huntington Beach has been offered an opportunity to purchase
97 acres of land located in Huntington Beach known as the Meadowlark Golf Course
and
;dHFRFAS if the City does not exercise this offer prior to July 8. 1973 said property
will be sold to Shappell Industries, Inc. for development as residential homes
zoned R-1 and
iNHERFAS the development of this area for residential use would further aggravate the
overcrowding of schools and create an additional tax burden to supply essential city
and county services and
W11FRFAS the preservation of this OPEN RECREATIONAL AREA will provide a SELF-SUPPORTING
RECREATIONAL FACILITY, will preserve a MATURE G RFFN AREA in accordance with the City
and County Paster Plan, and existing buildings could furnish additional space for a
COii�:UNITY CENTER
NOW THENFFORE we the undersigned citizens of Huntington Beach petition the City
Council to seek funds from Local, County and Federal levels for the purchase of
this property.,
jJQW►a
A AAr e55
,J
3
_
s"
G
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Return to Home Council before June 15 or call Lee Maltey - 846-6864
842-2535
Bert Carroll - 846-4821
�• ' CITY OF HUNT INGTON BEACH
INTER -DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To City Administrator and From Recreation & Parks
City Council Commission
Subject Meadowlark Golf Course
Date June 18, 1973
The Recreation and Parks Commission reviewed the
results of the citizen's survey in regard to city pre-
servation of the Meadowlark Golf Course through acquisi-
tion of the property. Following much discussion,
Mr. McClish moved the Recreation and Parks Commission
recommend to the City Administrator and City Council
that Meadowlark Golf Course be acquired by the city to
prevent further loss of open green space in Huntington
Beach, but to advise that this recommendation is not
meant as a substitute for acquisition of Phase III,
Huntington Central Park.
NW:ac
cc: Recreation & Parks
Commission
Respectfully submitted,
r
mmtWXr
I )'.
ot�Sec etar
y, y
Huntington Beach Recreation
and Parks Commission
%IS D
jUN cH
� gEP
OF NUN�� VE aio
O
LAW OFFICES ,
BYRD, STURDEVANT. McDANIEL & PINNEY
WILLIAM N. BYRD 444 SOUTH EIGHTH STREET BRAWLEY OFFICE
F. DOUGLAS M90ANIEL P.O. BOX 710 I10 SOUTH PLAZA
CHARLES A. PINN€Y, JR. BRAWLEY. CALIFORNIA H2227
EL CENTRO. CALIFORNIA 92243 F714) 344-41 0
CHARLES F. STURDEVANT, JR.
[714] 352-7800 • 352-4071
May 3, 19 73
City of Huntington Beach
P . O. Box 190
Huntington Beach, CA92648
ATTENTION: Mr. David D. Rowlands
City Administrator
Dear Mr. Rowlands:
The Board of Directors of Meadowlark Country Glum, a California
corporation, has requested me to advise you as follows:
The families ,of the shareholders of Meadow Dark Country Club have
expressed a desire from time to time that the property owned by the corporation
be sold at its highest and best price; however, that if it were possible to have
the property continued as a golf course facility, this would be desirable. In
an .attempt to satisfy the shareholders,, the Board of Directors included the
following paragraph in its escrow instructions on the 1.pending sale of the
property to Shappell Industries, Inc.
"If during the first four months of the opening of this
escrow, the City of Huntington Beach, California, makes
an offer to purchase the land subject to this sale which
is acceptable to the Meadowiark Country Club, then
Shappell Industries, Inc. agrees to terrhina.te this escrow
and give up all rights to the purchase of the subject
property .in exchange for receving back all money deposited
with the escrow. Seller shall notify escrow on or before
ten days have elapsed after the expiration of the first foul,
month period above in the event. seller accepts an offer
from the City of Huntington Beach. Shappell Industries,
Inc, agrees to hold Meadowlark Country Club,.a California
corporation. harmless and free of liability in the event
seller accepts an offer from the City of Huntington Beach
pursuant to this paragraph."
If the City of Huntington Beach desires to make a bona fide offer to
purchase the land owned by Meadowlark Country Club, such offer should be
1�1
-2-
May 3; 1973
communicated to the Board of Directors, Meadowlark Country Club,v
Graham Street, Huntington Beach, California 92646, on or before my 8, 1973,
a copy to the undersigned as legal counsel for the corporation.
Very' truly yours,
1472
cc: Shappell Industries, Inc.
Mr. and Mrs. I Gomer J . Sims
Cecil B . Hollingsworth
Roland W . Sims
Jerald C . Hollingsworth
April 5, 1973
Gentlemen:
In support of the request for an ordinance covering a
special zoning for Golf Courses and Recreational areas we the
members of the Meadowlark Home Owners Association submit the
attached statement for your consideration.
Very truly yours,
Lucille Blantz;-"�
Secretary
L `%
STATU�L "IT
In the planning for City development, a high priority is being placed
on the necessity for allowing for sufficient open space and the
availability of recreational facilities by design or existing, to be
a part of residential development long-range planning of any major
city.
Such is the case with the Meadowlark Residential Home Development
and adjoining Home Residential Development adjacent to the existing
Meadowlark Golf Course. These residential home developments illus-
trate.the in-depth planning by the Planning Commission of the City.
of Huntington Beach for the northwest sector of the City.
This type of planning and subsequent development in the area as
mentioned, represents an excellent example of allowing for open
space considerations and at the same time, the availability of
recreational facilities to the citizens of this city and adjoining
communities, all situated within a complex of single and multiple
residential units, without interference.
This committee of home owners and citizens of the City of Huntington
Beach are desirous of retaining the balance between "open space" and
"recreational facilities" to that of residential development.__ There-
fore, the committee recommends to the'Planning Commission and the
City Council of the City of Huntington Beach, the Meadowlark Golf
Course be purchased by the City of Huntington Beach and the property
be retained by the city for purposes of recreation as an 18-hole
golf course.
Submitted herewith for your consideration is the following analysis
as considered by this committee in support of golf course acquisition
by the City of Huntington Beach:
ANALYSIS
Recommendation for City Purchase
of Meadowlark Golf Course
Advantage of Purchase
1. Existing golf course
2. Establish revenue income
3. Established clientele
4. Location within city limits
s. Location close to, population
density center of city.
6. Located close to freeways
7. Existing course facilities
a. Club House
b . Ito o tauxunt
c. Pro -shop
d. Maintenance shop
1.
2.
3,
4•
5,
Disadvantage of Purchase
Not currently acceptable to
PGA Assn. for established
course rating(questionable).
Possible tax revenue increase.
Existing residential develop-
ment contiguous to golf
dbuxse; `Jr. roible lialiilitlyi
Immediate :2l .01" WO WeQ_uirO4
4tha�.
}
o
y March 29, 1973
pC, 2
Analysis (continued)
Adv�ze of Purchase
e. Mobil equipment
1. carts
2. mowers
..3. trucks
f . Driving range
g. Golf equipment inventory
h. Establish trees
i. Sprinkler system
j. Miscellaneous equipment
8. Establish land mark for Southern California
9. Present location of golf course, minimum
competion with Sea Cliff Golf Course.
10. Existing open -space area
11. Existing recreational area
12. Wildlife refuge for birds and small animals.
13. Existing labor force available until city
establishes their awn work force. -
14- Contract operation and maintenance of golf course,
possible reduction of overhead of operation.
Pnom "he desk o6:
ALICIA WEM...ORTH
City Ctekk
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AUTHORIZING THE EXECUTION OF
AGREEMENT TO LEASE OR OPERATE THE MEADOWLARK GOLF
COURSE
WHEREAS, The City of Huntington Beach desires to enter
into an agreement with Golf of Southern California Ltd., a cor-
poration doing business as California Golf, to lease or operate
Meadowlark Golf Course in the event said golf course is
acquired by the City,
NOW, THEREFORE, IT IS RESOLVED that the City Council of
the City of Huntington Beach hereby approves the agreement
to lease or operate the Meadowlark Golf Course between the City
and Golf of Southern California Ltd. doing business as California
Golf dated July 6, 1973, a copy of which is attached hereto,
and the Mayor and the City Clerk are hereby authorized and
directed to execute the same on behalf of the City.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at an adjourned regular meeting thereof held
on the 6th day of July, 1973.
- Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk
1
f. Re.. No.
STATE OF CA[.IFOIZNIA )
COUNTY OF ORANCI? ) SS:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly appointed, 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 o meeting thereof held on the day
of , 19 , by the following vote:
AYES: Councilmen:
NOES: Councilmen:
ABSENT: Councilmen:
E
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
:U
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH DECLARING THAT THE PUBLIC IN-
TEREST AND NECESSITY REQUIRE THE ACQUISITION OF
CERTAIN REAL PROPERTY FOR RECREATION AND PARK
PURPOSES, AND AUTHORIZING THE CONDEMNATION OF
SAID PROPERTY OR NEGOTIATION FOR ACQUISITION,
AND DIRECTING ITS ATTORNEY TO PROCEED WITH SUCH
ACTION
WHEREAS, the City Council of the City of Huntington Beach
is proposing a public improvement, namely, a public park rec-
reational facility and golf course on the hereinafter described
property;
NOW, THEREFORE, BE IT RESOLVED as follows:
The City Council of the City of Huntington Beach finds,
determines and declares as follows:
1. The public interest and necessity require the acquisi-
tion, construction and completion of a public improvement for
public recreational purposes by the City Council of the City of
Huntington Beach.
2. The hereinafter described real property or interest in
real property is necessary for said proposed public improvement.
3. It is necessary that the taking of said property or in-
terest in real property be in fee simple unless a lesser estate
is hereinafter expressly provided.
4. Said proposed public improvement is planned and located
in a manner which will be most compatible with the greatest public
good and the least private injury.
5. DON P. BONFA, City Attorney for the City of Huntington
Beach, is hereby authorized, directed and empowered to acquire
in the name of the City of Huntington Beach a fee simple estate,
WM:ahb
unless a lesser estate is hereinafter expressly described, in
and to said hereinafter described real property or interest in
real property, by condemnation in accordance with the provisions
of the Code of Civil Procedure Section 1237 et seq., the
Constitution of the State of California relating to eminent domain,
and such other statutes of the State of California as may be appli-
cable, and to prepare and prosecute in the name of the City of
Huntington Beach such proceeding or proceedings in the proper
court having jurisdiction thereof as are necessary for such acqui-
sition.
6. The real property or interest in real property which the
City Council of the City of Huntington Beach is by this resolution
authorized to acquire is situated in the City of Huntington Beach,
County of Orange, State of California, and is more particularly
described in Exhibits A and B attached hereto and made a part
hereof.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at an adjourned regular meeting thereof held
on the 6th day of July, 1973.
Mayor
ATTEST:
ALICIA M. WENTWORTH
City Clerk
Deputy City Clerk
2.
APPROVED AS TO FORM:
101
7 LEGAL DESCRIPTION
EXHIBIT A
The following described property in the Rancho La Bolsa Chica, County of
Orange, State of California:
PARCEL 1:
The Southwest quarter of the Southeast quarter and the South 2/3rds of the
West half of the Northwest quarter of the Southeast quarter of Section 21,
Township 4 South, Range 11 West.
PARCEL 2:
The East half of the Northwest quarter of the Southeast quarter and the West
half of the Northeast quarter of the Southeast quarter of Section 21,
Township 5 South, Range 11 West.
EXCEPTING from the West half of the Northeast quarter of the Southeast
quarter of said Section 21, that portion thereof described -as follows:
Beginning at the Northeast corner of the West half of the Northeast quarter
of the Southeast quarter of said Section 21, and "running thence Southerly
along the East line of .said West half of the Northeast quarter of the Southeast
quarter, 447.30 feet; thence Westerly, parallel with the"North line of said
West half of the.Northeast quarter of the Southeast quarter,,427 feet -
thence Northerly, parallel with the East line of said West half of the
Northeast quarter of the Southeast,quarter, 447.30 feet to the Northerly.
line of said West half of the Northeast quarter of the Southeast quarter;
thence Easterly along said Northerly line, 427 feet.to the point of beginning.
PARCEL 3:
The Northwest quarter of the Southeast quarter of the Southeast quarter of
Section "21, Township 5 South, Range 11 West.
_ILA t-1 t P-) 1T_=:
P�t�cEL4- - -
_ .:�. A- t�°. 46a,0
...�.4.d�1`..!
7; I
- 4�CIELL I
� uIAQilee� A��-_
Res. No.
STATE OF CAMFORNIA )
couNTY OF MAK Is ) 5 s :
CITY OF 11lTNTINCTON BEACH )
I, ALICIA M. WENTWORTH, the duly appointed, 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 day
of 19 by the following vote:
AYES: Councilmen:
NOES:
Councilmen:
ABSENT: Councilmen:
1
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
C*ter of Hunfinton Beach
P.O. BOX 990 CALIFORNIA 9264a
OFFICE OF THE CITY ADAUNISTRATOR
July 16, .1973
Shapell Industries, Inc.
8383 Wilshire.Boulevard
Beverly Hills, California 90211
Subject: Extension of City Option Rights Under Escrow No. 523811 MM
Gentlemen:
By this letter, when executed by .the parties indicated below, escrow
instructions in escrow No. 523811 MM, dated March 9, 1973, in con-
nection with the sale of the Meadowlark Golf Course properties in
the City of Iuntington Beach, California, are amended to extend
the period of time by which the City is enabled to make an offer
to purchase said land to September 23, 1973 inclusive, in accordance
with the terms of the escrow.
Sincerely yours,
David D. Rowlands
City Administrator
Shapell Industries, Inc.
M.
By
Meadowlark Country Club
By
Ro1anU W. Sims
By . ,
o ingswort
r.
City of Huntington Beach
1qy
"—y o r
by
City Clem
Approved as to form:
City Attorney
I rIe 11lwe (714) 536-5201
3303 '-!arbor B11 G-9
Costa Mew, CalitorKa 92626
014) 55US981
BOARD OF DNI:ECTO12S
ROGER J. D,.S'AU EELS
Presider• t , v Ch;ditnon
SACK C. COLLIN
Me PleSidont
',11CHA L L. AHLEMNG
Research & Dcve;opmont
LOWELL V ANDERSON
Attcrn.ey 2t !.art
3TEI IEN E. COLEGROVE
Prgt-rm Coordvamr
i',"0,'1AS R. L: LLIOTT
S/Jer. iaJ Pro,•'ects
iiANKU1'J E. FENENGA
D iiart,�,ent of Anthropology
MU Lon,) Ench
IQrorkol.+dri or
AIC T. HARDUSTY
S. M3 BOOM.,- Rop.
;10i1ARD A. : iIMI-' .OiJS
Dir ctor, L!J' i asearch
Systaw,sAnilyst PSS, Inc.
:LAUD._ `;'JANREN, Ph.D.
D�p.irtrn_ni of Anthropology
University i+f Nevada, Las Vegas
chrrn. of,1 t/'. isory Ccrrrnittoe
P,YJit 7C� G. BARNES, PhD.
6ts;nciate Curotnr,
Vc: t:�t;: ?e Pa!z onG�lufly.
L. A. County ia:,s u;;t of
l::ltt:ral Flisuxy
•J L G. CN '+Cc
Con ror of 1AsWry
R-t;erson Cen^.ar, N.Y.
iTH A. D17:OM, Ph.D.
;J,yoartnJ?nt ufi,r:;%,repoJayy
\U L. H. F. F LL, Pi-,D.
Invaran nt ofAnnr pohVy
CSU San Dia_;o
ICHARD V, FIGHE.R, Ph.D.
Ch�firr:,,n, Dept. ofG ology
i)% Santa Barbara
R TI I'LJ2 E. F LINT', Ph.D.
Chan., Division rf;isrtura/Screrzccs
Cn'-'pn.an Cc!iay
i;.10T1IY S. H! LLEERAND, Ph.D,
!_E A. MATHISENI, Ph.D.
f;orina Ric%oyist - /cht;Jyo1ogist
Collya of FANeries
Unversity of 4^:ashingion
!CHABD E. 141cMIAE1 Ph.D.
D,`,'J JJtlnznl of %J/:i(o✓Y
UC Irvine
MD OLSON
F'o j7o:,n!f,ro;:o"0ji..t
UC f.2e K57
IARLES E. RO ZAIRE, Ph.D. `
L. A. Cot:nt+ 'Jh,c:.um of
i i `turc l History
i P-N'l' L.1't'.Ai17Ett, Ph.D.
I%"?:rrtrna ,t U`I;iorU:;y
CSU Lin, Mc`,
%VID L. s NDE , Ph.D.
UnburAry of Mti'Ldn, Las Vegas
CH,AE:I. O. 4`JJ,iC.]c U!t JE, Ph.D,
1Vkontc(o :.'st
Oapt:rnn nt of Gsokgical Sciences
The iionorabl_e Jerry
-41
Zyo-r of liu,tingtoa
Civic center
P.O. Box. 190
A NONPROFIT SCIEN-riFIC CORPORATION
A. P.I.Ez tney
Beach
Huntington Beach, California 9 649
Dear 24fayo-,: l iatney:
June 14, 1973
As a resident of nunti gtoii Beach, the possibility of
the :tale and dvv610pYiic'Tlt of the Meadowlark Golf Course
by a private land developer prompts this expression of
conce;_xl p
The c'Iq:,iilii _'nts which havE? been pr(�Sented in favo-v of tile
Purchase e`ar.d preservation of the golfcourse ,
� t,C�l. 'rJy fi:fl£'
City cll_'E' J_yldvcd substantial. nt_> ala The diverse v�.ratr. f g T
=�ot�l�u that
ha-- e propoo d t h-e; i !: c'C. ect Ng thinkingof a c rC s -
r
One important a't..rgLimwnt i'JL)? C!1 Itt'ts T3._)t. V2% L7e.`'ti manifested
relates to the very pronounced p e ;'zbr��'.
t uCti n living sites on the m ' aCI.O1i_iarx propemy, Y i/
will note in the technical version of the scientifi6
R{':>OLIrces Survey and inventory, which Arc}"!aeolog i cc' l
"'
Ref;C::`17:ch, Inc. accomplished under S:iJi1L:ract with h the
Git_.y of �iit:iL.J_�i`f'C. Bed that
�'h ow [ s t.e d4s n e
.� �i.. af��ii, L. J.�G�L. we 7 �{ �7��+.l�: Gi�4d
' a
O.i1':-8V as being located under the Meadowlark GoJ_f
COu1.sec :.re further indicate that the site is current ly
effectively preservud by the golf course.
1 Personally c^:Criet: out: an archaeololical survey tv zy of tile
801:r: course recently and found definite evide
nce that
lYbi. t we designated a& site %.''si%' — j/ is indeed
widespread.
In fact it exists an almost heentire edge of the
eastern b.I_M Car BC)lsc`-1 L11ica Cle:ia which, you will note
oil the enclosed t opa r a h c map, comprises the bullk. of
the ;vl course. The shell triad den (site) material is
U::t'� t i culac y s }L.i.I_±'bn�.i( lyevident under: all of tbo
buildings Git:i Cj E. i� egt,,j.4/♦ 11:G jlff.. yard.
J. A. 1.1atney 2 imie 14,, 1973
In rL! our repot to the city w-that kour of
the archaeolo3ical sites still in em.isterice be pre-
De.rvad. 'fills is a 11�Cessity if future generatiom O-C,
ITD.matingto.n Beac'h citi-zons 8re- to Y'vll-)-Y rat Ixxd and
approciate the Ion3, continual amd varied hnm,-,;xx icn-C!"u-
patica of their city. The preservation of the
lark site) or$ L.,E jq,-: r-Me to tee L& re a
probLibly —n-ultiple sim with a definite potentinl for
evituml variation, Q now a fait accoq;!& lot Met -
than, if the report racommoadationo are fol%wcd, 4`
SignIficant part of tha Waired site prmarvatic-n io
already
P,--j it is Ely strons Personal tIh',Ikk% to
811o;7 t1le Madowlark GoR Course, Wit-h
acientific remurev i.e. the prehistoric
sites, andof course, the ecosysten vaique to AV;
b ito v
to be Antroyad would be nevOWS 03=& CHOXI
scrVID, absolutely no beneficial Purpom to the city's
Premnst OM AULUrQ citizens.
Sincerely,
jack C. COM-no
JCG:
Tod Bartlett
Al Coan
Duke
Gibbii
Dnvlet Rowla!'IUIV
Wledj,7�r, chairmml
Beach Envirc:a,zmental Gm-mcil
Pres, i dent,
HaVowlark Homeownecs Associatioa
We Maltby, Vim Presidmic
Neadowlark Homeowne"S Amociatioa
oPAL 13EACII OUADRANGLE
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16.11 ivIONTROVIA AVE NTUI
COSTA INIESA, CALIFORNIA 92627
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ARCTTAEOLOGICAT, SITE SURVEY RECORD
1. Site- Ora 87 ~� 2. Map So.i Bcach 7.5'
4. ----- Ranee,--llW_ -----
5. Location _-- U����LZTcact��la;_�Ql�C'ouLs_Q_
3. County_Ol_«i1cle
SW 1/4 of SY 1/4 Sec. 21 _
6. Contour elevation 9n,
7. Previous designation for site--
S. Owner_ Unknown _ - 9. Addre s s
10. Previous owners, dates Unknown
11. Present tenant Meadowlark Golf Course
12. Attitude toward excavation Unknown
13. Description of site shell midden
Unknown
14. Are,____Undeterminec-l------- 1S. Depth undetermined 16. Ileigllt N/A -
17. Ve getati.on-_V_-Grass 18. Nearest water Bolsa i�azl
19. Soil of sitc-dark, shelly_1 saiidy_loan120. Surrounding soil type light ye.lic :y-br<
21. Previous excavation Unknown
22. Cultivation N/r'�--_ 23. Erosion_,-_�N/A
24. Buildings, roads, etc. Golf course covers
2S . Possibility of destruction
26. Douse pits_ None observed
27. Other features None observed
28. Burials None observed
29. Artifacts_ None observed or collected
30. Remarks Because of the golf course, size and condition are only approxhri-.te.
31. Published references
32. Accession
34. bate 1966, 1.972
33. Sketch m a p____-
35. Recorded by_K. Di:,:on 36. Photos
(revised) T. Cooley
67
be found in context (i.e. , in the ground) and their association with
many other types of archaeological materials must be determined. To
date all of the cogged stones found at Ora-83 Have been out of context
and these are incapable of providing the type of information required.
This large site deserves special attention.
Ora-86: Believed to be an extension of Ora-83 , this site is destroyed at
this time.
Ora-368: Bisected by Warner, this site is located midway between Bolsa
Chica and Graham. Surface indications are that this site is'of an older
type than Ora-86 to the south (destroyed) and Ora-87 to the north.
Ora -87: I cated under the current Meadowlark Golf Course fhe surface
dimensions and depth of this site could not be delineated. The remains
of this site apparently are effectively preserved by the golf course.
ARCHAEOLOGICAL SITE SURVEY RECORDS
These forms are the official record of the archaeological sites within
the City and are on file at the -University of California,. Los Angeles,
Archaeological Survey Office.
S['_C_,T10,NA1 DISTRIC, MAP p 21-5-11
CITY OF
i r;,p'�j- ,,qp rt-io A
z
-a.
R) A N G ), Ej E. 0 U NT-LT C A 1, 1 F 0 BN I A
USE OF PROPERTY MAP
CF-E
LiJILLIJIM D
o t-o-L-1
AVE