HomeMy WebLinkAboutELDON R. BAGSTAD - 1977-06-20LEASE AGREEMENT
ARTICLE I
THIS LEASE is made this 'day of
1977, at Huntington Beach, California, by and between the CITY
OF HUNTINGTON BEACH, hereinafter called LESSOR, and ELDON BAGSTAD,
doii:- business as the EL DON LIQUOR STORE, hereinafter called
t
T,ESSEE.
ARTICLE II
LESSOR hereby leases to LESSEE and LESSEE hereby
hires from LESSOR that certain property, hereinafter called
the LEASED PREMISES, situated in Orange County, California,
and described as follows:
Lots 9 and 10 except for that portion of
Lot 9 dedicated to Lot $, Block 104, Tract
Huntington Beach, Section 11 Township G,
Range 11 West, as shown in Map recorded
in book 3 page 36 of Miscellaneous Maps
of Orange County,
to be used as a parking lot appurtenant to LESSEE's business at
416 Pacific Coast Highway, hereinafter called ADJOINING PREMISES.
and for such other uses as are normally consistent therewith and
fo:., no other purposes for the Uerm of Three (3) years, commencing
on the � day of 1977, and ending on the
day of , 19$0.
ARTICLE III
For and during the initial term of this lease LESSEE
shall pay no rent to LESSOR; provided, however, that LESSEE
1.
°SSA: CC: er f .
makes within sixty (60) days of the execution of this lease
agreement certain minimal improvements, at LESSEE's sole cost
and expense, to the LEASED PREMISES, and the ADJOINING PREMISES.
as described separately in Exhibit "A" of this agreement which
exhibit is incorporated hereby by reference as though fully set
forth in this Article III.
ARTICLE IV
Time and each of the terms, covenants and conditions
hereof are expressly made the essence of this agreement. If
the LESSEE shall fail to comply with any of the terms, covenants
or conditions of this lease, including the completion of im-
provements described in Article III of this agreement within
sixty (60) days of the execution of this agreement and shall
fail to remedy such breach within fifteen (15) days after service
of a writ -,,en notice from LESSOR, LESSOR may at its option:
1. Pursuo any legal remedy for the breach, and
continue the lease in force.
2. Declare 'che lease forfeit, reenter the premises,
and remove all persons and LESSEE'S oroperty therefrom and re-
cover from LESSEE any amount necessary to compensate LESSOR for
the detriment proximately caused by LESSEE'S failure to perform
the obligations of this lease.
ARTICLE V
LESSEE covenants and agrees to use the LEASED PREMISES
arYd ADJOINING PREMISES for the purposes heretofore stated and
for no other, and agrees to surrender the LEASED PREMISES upon
-the expiration of the term in as good condition as they are to be
improved, reasonable wear and tear excepted.
ARTICLE VI.
All improvements performed on the LEASED PREMISES and
ALJO_T..'JING PREMISES will be in conformance with requirements and
standards contained in Exhibit "A" of this agreement, which
exhibit is in!^orporated by reference herein as though fully set
'o' ,lx '.n this Article V. All such improvements shall also be
.in cufrlollance with all ordinances and statutes of the City,
sti'e and federal government. In the making of such improve-
:ients and prior to completion, LESSEE shall comply with and
obtain all necessary permits or approvals and inspections.
Further, he will at his own expense obtain from all other
governmental agencies, which may be concerned with such improve-
ments, their prior approval, if such should be necessary.
,ARTICLE VII
LESSEE shall have an option to remain in possession of
the LEASED PREMISES, upon the expiration of the term hereof, on
a month -to -month tenancy, upon the pZyment in advance of a fair
and reasonable rental amount for the first such month and for
each month thereafter until such tenancy is sooner terminated.
Such continued possession of LEASED PREMISES by LESSEE shall be
upon the terms and conditions of this lease agreement.
ARTICLE VIII
It is understood and agreed b' the parties hereto that
is LESSOR shall be unable for any reason whatsoever to deliver
possession of tho LEASED PREMISES on the commencement date of
the term hereof, it shall not be liable LESSEE for any damage
caused thereby, nor shall this lease thereby become void or
voidable, nor shall "ie term hereof in any way be extended.
It is understood and agreed by the parties hereto that LESSOR
reserves such right by itself or its agents or employees to
enter the LE,11SED PREMISES and the parking area of the ADJOINING
PREMISES at any time and all reasonable times to inspect and to
make such repairs, alterations, additions, and improvements as
required by law, charging back the cost thereof to LESSEE, if
LESSEE shall be otherwise required by law or by the terms of
this lease to bear such cost.
ARTICLE IX
If LESFhE abridges this term and abandons the property
before the end of the term, this lease 'terminates. On such
termination, LESSOR may recover from LESSEE any amount necessary
to compensate LESSOR fDr the detriment proximately caused by
LESSEE's failure to perform the obligations of this lease, or
which in the ordinary course of things would not likely result
therefrom.
ARTICLE X
LESSEE shall not suffer or permit to be enforced
against the TEASED PREMISES or any part thereof any mechanic's,
,urneyman's, or subcon,ractor's lien arising from any claim
for damage growing out of any work of improvement, repair,
restoration, replacement or construction or any other claim
or damage howsoever the same may arise and LESSEE shall pay
or cause to be paid all such liens, claims, or demands from
any actions brought before same against the land; and LESSEE
AWL
agrees to indemnify and hold LESSOR and said land free and
harmless from any and all liability or any allowances, liens,
or claims and demands together with reasonable attorney's fees
and all costs and expenses in conaection therewith.
ARTICLE XI
At all t1mes during the term LESSEE shall at his
cost and expense keep and maintain said LEASED PREMISES and all
improvements thereon and all ADJOINING PREMISES appurtenant
thereto in good order and repair and safe condition, and the
whole of the land, improvements and landscaping in a clean,
sanitary, orderly and attractive condition, and shall otherwise
observe and comply with the terms of this lease an all laws,
ordinances and regulations from time to time applicable to said
LEASED PREMISES.
ARTICLE XII
If during the term hereof any improvement erected
pursuant to this agreement by LESSEE on the LEASED PREMISES and
ADJOINING PREMISES or any part thereof shall be damaged or
destroyed, LESSEE shall at his cost and expense ?,epair or restore
the same according to original plans thereof or suc'st qualified
plans as shall be previously approved in writing by the LESSOR.
Such work, repair or restoration shall be commenced w_`hin thirty
(30)days after the damage or loss occurs and shall be completed
with due diligence, but no longer than the remainder of the term
of this agreement then remaining. All of LESSEE's improve-
ments and all subsequent additions therwco and alterations
therein or replaceme?_ts thereof shall become and remain a part
5.
of the leased land, subject to the use and occupancy of the
.LE>SEE and none of the same shall be encumbered, transferred,
removed or materially altered except as otherwise provided in
this lease. Upon the expiration of the term or any other
termination of this lease, all the improves- , upon the LEASED
PREMISES shall become the property of the L 6, without payment
of any consideration therefor,
ARTICLE XIII
In addiiton to the rental LESSEE shall pay and dis-
charge all taxes, general and special assessments and taxes of
any description which during the term of this lea,.e may be levied
upon or assessed against the leased land and all r,ther improve-
zents and other property thereof or belonging to LESSOR or LESSEE
and for which either of them may become liable, including any
possessory interest tax.
ARTICLE XIV
LESSEE shall at all times during the term hereof
at his own cost and expense procure and continue in force bodily
injury, liability and comprehensive insurance, and property damage
liability insurance, which policies sl?a.11 name LESSOR as an
additional insured. Stich insurance at all times shall be in
amounros not less than the limits designated in Exhibit "B"
hereof which is attached hereto and incorporated by reference
herein as though fully set forth in this Article XIII. LESSEE
further agrees to save and hold harmless LESSOR in accordance
with the terms of Exhibit "B" hereof and agrees to furnish
evidence of each such compliance in such form or forms as may
be required by LESSOR.
6
r
ARTICLE XV
The waiver by LESSOR of any breach of any term, covenant
or condition herein contained shall not be deemed a waiver of
any such term, condition or any subsequent breach of the same,
or any term, covenant or condition herein contained.
ARTICLE XVI
This lease agreement may not be assigned, either
voluntarily or by operation of law, in whole or in part, without
the prior written consent of LESSOR having been first obtained.
1N WITNESS WHEREOF the parties have set their hand
and seal the day and year first above written.
ATTEST:
City Clerk
REVIEWED AND APPROVED:
C y Administrator
CI HUNTINGTON CH
J�r�✓,,'t: 1. w.�,,./ /
Mayor
APPROVED AS TO FORM:
Inc p Ci y Att q
INITIATE AND APPRO •D AS CONTENT:
(M
ELDO.. HAGSTAp
RebArn ortgma an 2 tee copses o Distribution: Original —Originating Dept.
completed certificate to: " CERTIFICATE OF INSURANCE After Approval Yellow Ri:k Manager
H ' ° :+ By City Attorney Pink — City Clerk
f ity of Hunti lgton Beach TO
i?ept.?? £ • <. ._ k , `u 3 _ "a3 Gold — City Attorney
P. O. Box 190 CITY OF HUNTINGTON BEACH, CALIFORNIA
Huntington Beach, California92646 A MUNICIPAL CORPORATION
This is to certify that the policies of insurance as described below have b,,-,n issued to tho insured by the under -
and are in force at this time. If these policies are cancelled or changed in such a manner that will affect this certificate, the
insurance company agrees to give 30 days prior written notice, by mail, to City of Huntington Beach, P. 0..Box 190, Huntington
Beach, California 92648.
Name of Insured_
Address of Insured a "W 71•r
�.'Lbcation of Work or Operations to be performed
Description of Work or Operations
POLICIES IN FORCE
POLICY
NUMBER
LIMITS OF LIABILITY
EFFECTIVE
EXPIRATION
A, Workers Compensation
Statutory
Emplovers•' Liability
(where applicable)
B. Public Liability:
Bodily Injury:
Manufactptrers and
Contractors
3i (a
f
$� * Each Person
Comprehensive
y
General
$ _each Accident
(Including products completed
operations)
Property Damage
Each AceJent
C. Automobile Liability:
(where applicable)
Bodily Injury
$, Each Person
Each Accident
Property Damage
$ * Each Accident
Does policy cover: (Please check at least one)
All ownedautcmobiies ( } Yes (at } No
Non-ownrid automobiles (:`< a } Yes ( } No
Hired automobiles (ae+•) Yes (<';,') No
At least one box must be checked YES if automobile insurance applie
D, Additional Insured Endorsement:
The insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups,
committees, commissions, boards and any other City Council apao(u,ad body, and/or elective and appointive officers,
servants or employees of the City of Huntington Beach, when zcting as such arx additional insureds hereunder, for the
acts of the insured, and such insurance shall be pritna*y to any insurance of tlie City of Huntington Beach.
E.. Hold Harmless Agreement: By Insured: F '
(Signature)
The insured agrees to protect, defend, indemnify and save harmless the City of Huntington Beach against Joss, damage or
expense, by reason of any suits, claims, demands, judgments and causes of action t.Tused by insured, his employees, agents
or any subcontractor or by any third party arising out of or in consequence :'I the ierformance J all or any operations
covered by the certificate of insurance,
Remarks: This certificate is not an insurance policy and does not
F. amend, extend or alter the coverage afforded by the policv, APPROVED AS TO FORM:
GAIL HUTTON
Not withstanding any requirement, term, or condition of any contractor other City Attorney
dncum-nt with r eo - .t which thtS certifsate if verification gf insurance may b
issued or may pertain, the insurance afforded by the policies described herein la
cubjeCt t0 all 4ha 4grmq, Px .f iaipng anr! nnnd41ll73.5-of such pL111 Ir esBy: t.
Deputy City Attorney
Date
INSURANCE C074PANY
Name
Address
City
AUTHORIZED REPRESENTATIVE OF INSURANCE COMPANY
By
Signature of Authorized ROPresentative/.Agent
Address t �'
Telephone
i
aer�
01
neivhbors orivan
By PAT KENNEDY city does not regulate fees chers d In April, the city attorney's -
Stan writer by ;owing companies. office az ci the police departmen�i
"I don't want to tow people submitted proposed ordinances to
HT-TsTINGTON BEACH — away," Hagstad said. "That's why regulate the towing bu,.uaess, a
Richard Jensen says he's going,to I posted the signs. ky customers provided for in the state vshlcl�°
city council Monday to complain don't get towed away. " code
about a neighbor of his, Eldon What really gets the gaul of Among things proposed, is
Bagstad. Jensen; and a couple of other store regulation• on fees. Legal advisor
Jensen is owner of Richard's owners talked with, io the enthusi to the police, Bill Sage, said hie:
1 T-Shirts and Bagstad owns El asm with which Ace drivers do proposal called for establishing.
Don Liquor, both located on theiraa'ob. the city fee as the fee for all town
Pacific Coast Highway, just north Three PCH store owners there ing.
of Main Street. said often times the tow trucks sit Although it might be chair
Jensen says he's tired of Ace across the street and nail a driver lenged in court as restricting free .
Towing Company hauling away as soon as he goes anywhere else trade, Sage said it was a chano�_
cars of his customers from El besides the liquar store. It's legal, the police department is willing to,.
.,Don's parking lot, leased from t'te but, the store owners said, not take.
,city, necessary or necessarily fair. "I'm going to drag as many
i He claims the fees chsA-d by Ace lowing company told the people as I can to the council
.'Ace are "cessive and that Bag Independent that the tow and im- meeting," Jensen continued. ` I
ptad has encouraged Ace to tow pound fee is $35, hook-up is $5 warn evhryone who comes in my,
away cars at the first indication and to unlock the gate it costs $5 door that they might he towed' ;
fhatthoy are not customers of the amounting to at least $45 charge away even if there are empty
liquor store. before tea. The city fee for tow spaces there and they've only been
"I'm angry," says Richard. sways connected. with accidents or gone two minutes.
' And so are other store n-nzrv. I police action usually amounts to "Why can't that space be
dope the city doesn't renew his $31, a spokesman for Mandic lea -Red to all the businesses here?"
i`6h,." The 3-year lease expires Motors said. Bagatad has repaved the area,
JYune 29,1980. Police and city spokespersons whxeb accomodates approximately
A resident recently called the admit that over the past year e.ght cars and has posted large .
I dependent and claimed he'd they've received many complaints signs. He says the delivery trucks
'seen "ripped off" by the towing from people claiming they've been don't like to park far away if the
company and had to sparid $55 to charged extra w^es for signing a cars of tourists or customers of
get his car out of bock although, lien or opening t;1e glove compart- other stores are in his lot and,
tie claims, he merely had it parked ment to fish for the car's registra. therefore he has to have cars '
otfor 10minutes. tion. towed.
The fact is, however, that signs There taco beett no. illegal ac- He has operated the lot for the
�'n'thhel
.�p posted,Jp,4 rl�it ;�rarrning ; ioi ley Abe tat ompany� Sow- past e$ yeaz - thr s,
„ rivers ° . °paps there. And he err
wlSltelk is
NWICE piaUri ,56+u,a tILtv&:V/trL - tittst_.i it ,.�
+,,,, I + •� ' ^ a ti+-" —war, the terms and conditions of 41,e policy mentio1111.
".1,
A' 1' •+ - • v.
+ r rn an l da ed below •,rs hPF• t.•., ,. r• edµ.stn ent will be made as sC+on as practtct•bbrhal.:
t•. t•.e^' J^ •' i.eer pd,c 2 b,il t•`' thn preniorim earne3 to the time of cancel:a"4n w," be li.t�a•,rtl^ `�• ,
at• nripti, ad.ia{•d ihal California few provid" that upo- request ir•. vihring mad,, by you Ito in
re¢.it'St tor` ma+.-O or defavereA not less inerr, yo, air el .. IC-0,
n, it.•s. Con pa+ , in writing of In,, reasons) for the eantttiahon
'T .p rasa•^t for l tn- anmtrn is Parapraphlej o: Cal•forn,a insurance Code a'rVur 6Yf so( nt.'s = �•errhtl .'c�: �• f
Wril/Cn reo lest n' IN, named intured th3 .%jror uiu m fuish the faCis on which .the Cancel a`,n is ba d {I
N . A^1,h, ah t Io Crmmet, iat Lines Them bo%" will not be chfi ked unlenb r ralifomiaiaw is 'st•t+`ic h - —11
oYou are hetia nbl' ,Pd ••, ac-nodanct wtlq the farina and Condilinns 0 th�menhoneO belolo, -11",Al you, o1S,,r knCi w`I' cease
ar and from the tour end date mentioned betoM due to esanpaymenl of premium.
A bui for the premium earned to the time of cancellation will be forwardltd in Plue courae
NON- You are hersEy willed In acC4roonui w4 t o norms and con lions of tale pn +Cy mantic"` nedd We f* that the above mentioned Eohr)
mi keilv4l will expire effective at and from the hour and data mentioned below and the policy will NOT he renewed
You are hereby advised that California law protridea Mat upon request in writing made by r,,ou to flit Company, such requeat to
be mailed or deh Sled not later than one month following the effective data of the nonmNNwaf, the Company will notify you in
Writing of the reat.flnis) for such nonrenowal wilhln 20 days of receipt of your request._
('1 You are herebyvioiitred in aecordanca with ifle+ terns and c^..nd.-bons of the policy mentoned below that the above mentioned policy
will expire eifectivi, at and from the hour and date mentioned below and the policy -will NOT be renewed
Eldon Hagstad ALL 14ORTGRIGGEES AND ADDITIONAL
Named 416 PaCif'ic Coant Kighway rNSUTMDrS HAVE BEEN NOTIFIED
INSUREO Huntington Beach, C€1 92648
L—
KIND OF POLICY Merchants Program
J
r_. POLICY NUMBER — .� ------�-- EFFECTIVE DATE W CANCULATION OR TERMINATIDN - -----1 KIP. n.W. A.R. G.E.
52 23 96 November 19, 1%79 lilt at 12:01 A.M, ❑ of Noon Standard Time: 0 0 ED
I
Policy Charles Ross Mc Kelvie
Issued 3520 Lonq Bez.Lh Blvd., 4102
through
(Agent) bong Beach, CA IW807
L
United California Bank. '
Mortgagee 309 Main St.
of Loss Huntington Beach, C.R 92648
Payable
L
IMPORTANT INFORMATION ON REVERSE SIDE
rnhl.+ n,oc ,Er 5 •t' ORIGINAL
By
INSURANCE COMPANY OF
RAN DIEGO. CALIFORNIA
wivember Z7 • 19 79
bAli M^ R�O
Sir Diego, C.A
MAMSD FROM