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Home My WebLink AboutDEPARTMENT OF TRANSPORTATION (CALTRANS) - 1981-01-05 REQUEST FOR CITY COUNCIL ACTT � - --� Submitted by Vincent G. Moorhouse DepartmeCommunity Services _ Date Prepared _December 17 , 1980 Backup Material Attached D Yes ❑ No Subject RENTAL AGREEMENT FOR.STATE OF CALIFORNIA HIGHWAY EASEMENT City Administrator's Comments APPROVED BY CITY COUNCIL Approve as Recommend e J: ? � -�- CiTY CL2 f W Statement of Issue, Recommendation, Analysis, Funding Source,Alternative Actions: V— STATEMENT OF ISSUE The State Department of Transport-ation owns a twenty-foot highway easement adjacent to city property along Beach Boulevard at the corner of Pacific Coast Highway. In order to utilize the property as a temporary parking lot, the City must lease the easement from the State. RECOMMENDATION Approve the rental agreement with the State of California and authorize the Mayor to execute same . ANALYSIS In February, 1980, the City Council approved construction of a temporary parking lot on city property located on Beach Boulevard from Atlanta to Pacific Coast Highway adjacent to the Driftwood Trailer Park. Running parallel with the property is a twenty- foot highway easement . This easement represents sixty-two of the total 289 proposed parking spaces. The State has agreed to lease the highway easement to the City for $150 a month ($1,800 per year) . The City expects to gross approximately $10,000 yearly from the sixty-two spaces on the State highway easement . FUNDING Account 344380. ALTERNATIVE ACTIONS Do not approve the rental agreement . VGM:MMB:cs P10 sne STATE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY EDMUND G. BROWN JR.. Gorornor DEPARTMENT OF TRANSPORTATION , DISTRICT 7, P.O. BOX 2304, LOS ANGELES 90051 December 15, 1980 07-0ra-23 .0 Account #11783-002-07/61Y Beach Boulevard & Pacific Coast Highway City of Huntington Beach Community Services Department P. 0. Box 190 Huntington Beach, California 92648 Attention : Mr. Max Bowman Gentlemen : Attached is Rental Agreement in duplicate for rental of State- owned property at Beach Boulevard and Pacific Coast Highway. Please have both copies signed and return to this office . A signed executed ropy will be returned to you. V -uly yours C Rl ' Donald R. gren RA Prop ty Mana ,ement Phone ( 3) 620-4 30 DRO :j y Encl. y`''"•1`a.ru 1� V ` : City of Huntington Beach P.O. BOX 190 CALIFORNIA $26" .; OFFICE OF TH1; CITY CLERK January 6, 1981 Donald R. Ogren, Department of Transportation R/W Property Management District 7, P.O. Box 2304 Los Angeles, California 90051 The City Council of the City of Huntington Beach at its regular meeting held Monday, January 5, 1981, approved and authorized execution of an agreement between the City and the State of California for the rental from the state of a 20 foot highway easement adjacent to City property along Beach Boulevard at the corner of Pacific Coast Highway, to be utilized as a portion of the proposed parking spaces at a cost of $1800 annually. Enclosed is the rental agreement in duplicate, duly executed by the City. Please forward an executed copy to this office. Alicia M. Wentworth City Clerk AKd:CB:js Enclosures cc: Vince Moorhouse - Community Services Director ORA-1 PM 23.0 ` Account 11783-002-O7/61Y RENTAL AGREEMENT THIS RENTAL AGREEMENT made this 20th day of August , 1980. between the STATE OF CALIFORNIA , DEPARTMENT OF TRANSPORTATION (DEPARTMENT) , and the CITY OF HUNTINGTON BEACH , CALIFORNIA , a municipal corporation , (TENANT) , for the rental of property described as: Vacant land , known and designated as northwest corner of Beach Boulevard and Pacific Coast Highway, Huntington Beach, California, as outlined in red on the map attached hereto, at a rental of One Hundred Fifty and .no/100ths Dollars ( $150. 00) from January 1 , 1981 to January 31 , 1981 , inclusive and thereafter at a rate of One Hundred Fifty and no/100ths Dollars ($150. 00) a month payable monthly in advance on the first. day of each month beginning February 1 , 1981. In consideration for the payment of the rent specified above , DEPARTMENT hereby rents the property to TENANT on the following covenants , terms, and conditions: 1. TERMS: Rental of the property is on a month-to-month basis , and TENANT agrees to pay rent to the Department 'of Transportation, at 120 South Spring Street , Los Angeles , California 90012, in advance . 2. UTILITIES: TENANT shall pay for all utilities. WSA :MP :bc 1. 10/9/80 3. INSURANCE: DEPARTMENT will not keep the property insured against fire or any other insurable risk. 4. CONDITION-REPAIRS: TENANT shall keep the property in good order and condition and shall pay DEPARTMENT promptly for any damages to the property. . 5. MAINTENANCE: TENANT shall keep property neat , clean and orderly condition at all times during occupancy, and shall not permit rubbish, gar- bage or refuse to accumulate at any time. DEPARTMENT shall pro- vide no maintenance whatsoever. 6. LITIGATION COSTS: In the event that a suit is necessary to enforce any of the provisions herein contained , or to recover possession of the pre- mises , the prevailing party shall be entitled to reasonable at- torneys' fees in addition to costs and necessary disbursements. 7. NOTICES: All notices to be given to TENANT shall be delivered personal- ly, by posting and subsequent mailing , or by sending. a copy through the mail , addressed to TENANT. All notices to be given to DEPART- MENT shall be delivered personally or sent to the DEPARTMENT at 120 South Spring Street , Los Angeles , California 90012, or such other place as DEPARTMENT may designate in writing. $. VACATING THE PROPERTY: Upon vacating the property, TENANT shall leave same in as good condition as existed on the day possession was taken, allowing for ordinary and normal usage during occupancy; and reimburse DEPARTMENT 2. Y u 1. � �'•_ for any damage done to the property caused by TENANT'S oc- cupation or tenancy other than that due to normal use. TENANT shall not leave or allow to remain on the property any garbage , refuse or debris. Any removal costs incurred by the State will be paid by TENANT. 9. PREVIOUS AGREEMENTS : Any existing lease or rental agreements between TENANT and DEPARTMENT (or its predecessor in interest) covering this prop- erty are terminated as of the effective date of this rental agreement. 10. WAIVER: If any part of this agreement is invalid by reason of law or governmental regulation, or if any provisions hereof are waived by DEPARTMENT, the remaining portions of this agreement shall remain in full force and effect. 11. HEADINGS: The marginal or clause headings of this agreement are not a part of this agreement and shall have no effect upon the con- struction or interpretation of any part hereof. 12. INSURANCE Each of the parties hereto respectively agree , to the extent they may legally do so , to indemnify each other party against any final judgment awarding monetary damages resulting from its acts or omissions in the performance of this agreement arising under Government Code §895 , except for liability resulting from the concurrent negligence of such other party or parties. 3. ' In the event any party hereto is made a defendant in any action arising out of or in connection with this agreement , the party so served shall forthwith notify the other party to this agreement of such service and supply such party with copies of the summons and complaint. In the event judgment is entered against the parties hereto as a joint tort feasor with any other party or parties hereto, any of the apportionment of monetary damages by way of final ,judgment shall be made by a court of competent Jurisdiction and each party waives the right to a ,fury apportionment. 13. BREACH OF AGREEMENT: Breach of any of the above covenants , terms and conditions shall give DEPARTMENT authority to immediately terminate this agreement. IN WITNESS WHEREOF , the parties hereto have executed this agreement the day, month and year first above written. CITY OF HUNTINGTON BEACH, a municipal corporation By, ayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney 4. REVIEWED AND APPROVED: INITIATE AND APPROVED: Acting City Adm Vistrator city rvices Director STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION � I By YA r—. R. M. ROBISON , Senior R W Agent , R/W Property Manage- vent .Section RECOMMENDED FOR APPROVAL: An 4 � DC R. OGREN , Rena 1 Agent I i I t r I f L— . . .,... —y _ (Niwoefin .M) ,.o�!rE f •at• �— � --- ---�-—— �� ------ •---�—+—•---ram-_. A A Jtl IJ `✓ L A 5 3 0 L 6 G �. � rLLEr I 1W1Ea MWnwa jk ' `®'�""'-' woo 4b • +w M.M, 6J r I4 ROAD I �. ' ..x•,r„ wE www . FRONTPOE I j n J f)*yIsi.R•� ISSUE DATE STATE OF CALIFORNIA / I i m�ronunax ov.unsx,ar - \ I / I L .o.xer rosue Hones DIVISION OF HIGHWAYS e\� ✓ r I L i . . X6/ 1 " APPRAISAL MAP NO. F-1712-4 CITY OF HUNTIN ON•,,, CH LEGEND: irt.w spou��m onoz o��.uWu eorzo • I�ASN!'6) writ � 1 i L L So �I I 51 1 � � XICAr N � .l;e'/AIn UM J/�vY A�+�e•/)/1dO J:F. '� (Xan10eMn Ma I f .0 / CITY OF HUNTINGTON BEACH MATCH TO -SSW-$— F17/2-2 Sew 1=/7/2-4 Me A � Ski G ci } leer i A'* v ofor / • lee �r rrtsUtsyY! +r '� n — ra Llrw Vol gyarfn+�.w � (Hampshire Avea See CITY OF HUNTINGTO N BEACH 89'S % MA MH rD F1712--,2 � See W1712-4 • 4 l I I r \ r 1 1 1 1 ..T CL�II /LD�AiL H1Dr[LT M0. it rl�+q �.rn 'o+•} t Ll � 1 1 1 1 1 1 1 1 1 '+ 6STA-cy ■/ill AGENT—FUR iU --Uyr— �� L , NZ r Cj i' /1►�s"C r A'Ilf'1I.If I I ! rOy ns-1107 do .^^, .lE� .!� �Y�f .fiats Iw, .Tad,.P//Ar! I .;, erfir� of rgbrwyEare. A�ia.4/_svadow. aslr�s e. � � I L� ,ar.Z c,r<xs•.ass A:IW=fr r -Vte_ r — I — --BEACH �/i/ddlpSljif .dvl•) A'O'?G1�-E f - _ . -- �r.t..rr-:rsr� - 1 +f Ca+slFer I I — 4 I; 1 •� . 63.948 PARCEL O All- r r 'C66 � R A a AL DA0-Ft. .R DATA NOL RAPnIM CCL J / / �i 1 LI Ate. 67f•!f! Rlrfw• AW A~AP-M A O Ma Mt 51 J4 O A 0 I � .as IM+i��lri- lit-s �try �rr.v>" 45909,� -l.! K r 7Q1d90 aAWIVA040- ,ldD/ I.fd02 • I 3 e29 d 7lAr 0D .5 r f) tom"' a p V060 :7 A, POW ' I r i I Ti/l�Si Ta/byJ Dbw11►. -� ' I � P I. +��.;4'/T /yi�'�•I ,�!Ir►rC �•" 1 •�. /r'Q`� I .. 10 ISSUE OAT, STATE OF CALIFORNIA 04 F TRANSPORTATION DEPARTMENTOF V :L l •=9 1 - , + 1 AGENCY PUBLIC WORKS �� 1 10 10 DIVISION OF HIGHWAYS APPRAISAL MAP NO. F-1712-4 CITY 4F HUNTIN. 4N��,� B CH , �w.� % - acre: — �� `\ ti ♦ 1 LEGEND: &L 11` ACCESS DENIED * EXCLUDES STREET AREA + AREA IN SQUARE FEET UNLESS OTHERWISE NOTED O PREVIOUS RECORD DATA &INCLUDES EASEMENT AREA "ww AV