Loading...
HomeMy WebLinkAboutHuntington Beach Company - 1934-07-02'ti.rw # J CANOELIATION AGMEMi"T THIS ACIREELtMp shade and entered into as of the 2nd day of July, 1934, by and between the CITY OF HOTINGTON BEACH, a municipal corporation, hereinafter designated as Bret party, and, the KWITITIGTON BEACH COMPANY, a corporations hereinafter desiZnated as second party, WI171ESSETH I WHEREAA, the first party herein is the aacignee of all the right, title and interest of the Huntington Beach Community Golf Club, Inc., a corporation, in and 4o that oertain License Agreement stated August 1, 1930 by and between the Huntington Beach Coapany, a corporation. and said Htuttington Beach Comx4nity Golf Club, Ino. , a aorperation, which agreement covered tho following, dasoribed property: All those portions of Trao•3 No. 260 an per snap of said tnaot recorded in Book 13, page 34, Bisosllc.neous Naps, Records of Orange County, State of California, said portions being more particularly deaeribod as follows, -to-writ: beginning, at the intersection of the northeasterly line of Wesley Avenue with the cautheasterly Aina of Twenty-third (23) Street; thence northeasterly along said southeasterly lone of Twenty-third (23) Street to its Intersection With a line parallel to and thirty (30) feet, westerly at right angles from the east line of 8 otion Three (3 Toym.ship Six South, Range Eleven West gT. 6 S., R. 11 W.) 9 YJ B & H. , as said en.st line is produced through said tract; thence southerly along said line parallel to and distant thirty (30) feet westerly at right angles to said east line of Section ,L'hree (3) to Its interasott,oa with the northeaowerly line of Wesley Avenue; thence northwesterly along the said northoa6terly line of Wesley Avenue to the point, of beginning. Beginning at the interseotion of the southeasterly line of Twenty-third (23) Street with the southwesterly line of Wesley Avenue, thence South 400 36, Went 245.3 Feet along the southeasterly line of 23d Street; thence South 50 191 East 1251.44 feet; thence South, #10 if e trast 3W# 82 reetj thenoe boat 640 421 Unt. %8.43 feat; Mospoe tioi"th 140 181 UV% 679 ei reet to a point on tM southweciArly line of Wedley Avery; thenoe northmaterly aloM the oouthmeaterly 2.1w of Wesley Avenue IMP 81 more or lees to 'rhe point of beginning, and 31'tF�.A$, both part:.e® beret* axe de,elx�►uo or caellin; said A menent,, TICAY MMFORE, in consideration of Me rutual prosaiaee wid► a reeMants h©rai.n contained, Wio partlea do hereby agme as fonowe I ':'fiat said amement is hereby camel.led an of even date h©rowith, and the mapeotive paryies are horeby xv. leaeed from any and all liability in law and equity on account of the use of said p:.perty by tie first party hereto, V '-VITNEEBg I-TFMREofi= thl a patrV of the fira t part has oau9ed ita corpora" nay and seal to bo hereto annexed by its Mayor and atteeted by its City Clem: theroto duly authorized, end, the second party has oaueed Ito corporate name acid oeal to bfr hero - unto armexed by ita Preeident and seoretaay, thereto duly authaz%. ized, as of the day and. year In thic A^oamert first above written: -;, Ali" EST !or i f L v City Cl©r s ' i First Ply ITUitMMOI1 IVE.A.011 COLEPA TY9 ......�, 71TOI ice.... 400~. C t w2 Seoond Party. s 1 JLy.S: 9. L.AWSME t Il�rt...■ Y (W4 ATANDAND OIL IIUILDING And 'N KOT !OTM RTwxrT LOM ANiGHLES, CALIF. May 15, 1934 City Council, City of Hunting ton Beach, Huntington Beach, Cal. Gentlemen: Can or about August 1, 1.930, the Huntington Beach Company entered into an agreement in which the Huntington Beach Company was known as the "Licensor," and the Huntington Beach Corimn�nity Golf Club, Inc. , :gas knorm as the "Licensee. ' By the terms of that agreement the Huntington Beach Cormunity Golf Club, Inc., was given permission to use the surface of certain real estate owned by the Huntington Beach Company and lying within the City limits of Huntington Beach, for the Solo purpose of constructing and maintaining thereon a golf course. The license contained several provisions, among which was the provision that the license was personal to the Licensee, who r;ould not sell or assign any of the privileges given without the written consent of the Licensor, the Huntington Beach Company. On or about the 1.9th day of November, 19.31, a supplemental paper ;gas executed by the Huntington Beach Co=ninity Golf Club, Inc., City of Huntington Beach, Huntington Beach Company and. the V;andard Oil Company of California; which provided that the Huntington Beach Corz=ity Golf Club, Inc., made an assignment to the City, f Huntington Beach of its right, title and interest in -and vKto�icense agreement dated August 1, 1930, The Hunting- ton Beach Company and the Standard Oil Company of California signing a consent to such an assignment. The City of Huntington Beach has operated this golf course continuously since that time. F Cn or about the is t day of February, 1933, there was presented to us .for execution an agreement entered into between the City of Huntington Beach and Oscar L. ai:d Carl Stricklin, assigning t a portion of the City' E interest to the Stricklins and request- ing that we consent to such assigning of the assignment. P City 4 Council, H.B. Cont'd. May 15, 1934 Our .� 2 r attorneys refused to approve the papers submitted, because they construed the paper not an assignment of the City's interest in the golf course to the Stricklins, but essentially a sub -lease on the part of the City - at the same time relieving the City of all responsibility. The matter has drifted on now for over a year and our Rttorneys � position is that, the Stricklins are there merely as agents for the City of Huntington Beach inasurach as we have never consented to any sub -lease. There are several angles to this ;Thole affair which I bell, •8 should be straightened out: The Stricklins have approached roe for additional land for the use of the golf club. I cannot lease additional land to the Stricklins so long as their sub -lease from the City of Huntington Beach is not consented to by our Company. Above all things, I want to preserve and maintain in iiu .tington Beach this golf course for the benofit of those who desire to �j avail themselves of its facilities. The City of Huntington Beach, by assigning to the Stricklins without out" consent., hat* made, Its original licanacr, agreement with us voidable. My suggestion is that the City of Huntington Beach should get relieved from full responsibility and liabi]ity on account of the operation of the golf course - or, that they assiure .full responsibility and apply for additional land if it is nodded. if the City does not see its way clear to do this, then I suggest that they surrender their license agreement, so as to clear the property and allow us to enter into a nesv agreement ;pith the Stricklins covering the surf aco use of this property. In the event there is City owned equipment used by -he golf course, separate arrangements should be made between th6 City and the Stricklins to cover this use. I should like very much to get this matter straightened out ,just as soon as possible. Yours v_e-ry/'tly JSL:cm 0