HomeMy WebLinkAboutHUNTINGTON BEACH COMPANY - 1982-09-073 .
REQUEST'�OR CITY COUNCI C5'TION
Date
Submitted to: Honorable Mayor and City Council n ��
Submitted by: Charles W. Thompson, City Administrato �b
Prepared by: Vincent G. Moorhouse, Director, Community Services Departme
Subject: RESOLUTION APPROVING APPLICATION FOR GRANT FUNDS -
ROBERTI Z'BERG URBAN OPEN -SPACE AND RECREATION PR(
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
Grant funds are available through the Roberti Z'Berg Urban Open -Space and Recreation
Program for purchase of play equipment for 'Huntington Beach Community Park, The City's
application for grant funds must be accompanied by an adopted resolution of the City Council
approving the application.
RECOMMENDATION:
Adopt the attached resolution approving the City's application for grant funds to purchase play
equipment for Huntington Beach Community Park.
ANALYSIS:
The State Department of Parks and Re.�reation has notified the Department of Community
Services that under the Roberti Z'Berg Urban Open -Space and Recreation Program, $20,291
has been allocated to the City of Huntington Beach for acquisition and/or development of
recreational facilities. This particular grant program requires a 25 percent match of City
funds.
Estimated Total Project Cost - 37,170
Amount of Grant Request - �20,291
Amount of Matching Funds - $16,879
FUNDING SOURCE:
Roberti Z'Berg Ur nn Open -Space and Recreation Program.,
Park Acquisition and Development Fund - Balance $739,000 as of August 13, 1982.
ALTERNATIVE ACTIONS:
Make application for a facility other than Huntington Beach Community Park.
ATTACHMENTS:
RiTsolution and application.
CWT:VGM:dp
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F:RECORIDED IN OFFICIAL RECORDS
$2—LS3�a$0 ANGE COUNTY, CALIFORNIA
-1soN kUG20'82
RECORDING REQUESTED BY AND LEE A. BRANCH, County Recorder
WHEN RECORDED RETURN TO:
EXEMPT
CITY OF. HUNTINGTOtJ BEACH C 12 Tax -Exempt -Government Agenc
Qfflce of the City Clerk �OITY OF HUiVI'I4GTl3N E3EACF
P. 0. Box 190
Huntington beach, Calif. 92648
Dep City Clerk
LAll DSCA111ING AND RIGHT OF WAY AGREEMENT
THIS .AGREEMENT is made and entc-c-i into this _/�_ day of gene,
1952, by and between HUNTINGTON BEACH CUMPANY, hereinafter referred to
as "Grantor", and the CITY OF HUNTINGTOl'% BEACH, a municipal corporation,
hereinafter referred to as "Grantee."
1. Grantor here' ,y grarits to Crantee and Grantee's agents, employees,
successors, assigns, tenants, customers and invitees, hereinafter collectively
..referred to as "Grantee", a non-exclusive easement for the construction,
installation, maintenance and repair of trees, shrubs, gra.;s and other landscaping
and a non-exclusive right of wdy for pedestrian and vehicular ingress and egress
over, across and upon the premises locate,2 in the County of Orange, State of
California and more particularly described in Exhibit A attached hereto and
made a part hereof.
2. Neither Grantee nor Grantee's successors, assigns, invitees or guests,
shall use such easement in a manner so as to unreasonably interfere with the use
of the above described property by Grantor and Grantor's lessees, (including
without limitation Chevron 1. ` ", Inc.) permittees, licensees, assignees,
employees and contractors.
3: Grantee shall not build or otherwise place, or cause or allow to be
placed upon said property, except as otherwise provided herein, any building,
structure or other obstruction which would interfere with the rights herein
granted, or change the grade of said property. Grantee, at its sole cost and
expense shall install, rr-intain, repair and remove all improvements placed on
said easement (including without limitation, pa cement and landscaping), pursuant
to plans and specifications ("Plans").
82--2S3480
Prior to performing the work required to construct and install
landscaping and the roadway, Grantee shall prepare and submit the Plans for
such work to Grantor for Grantor's approval.
Within thirty (30) days after receipt of the Plans, Grantor shall
approve such Plans or deliver to Grantee its specific objection to the Plans. if
Grantor does not deliver to Grantee its written approval or its specific
oe)jections within said thirty (30) day period, Grantor shall be deemed to have
approved the Plans.
4. Grantee shall obtain approval i the Plans from all appropriate
government agencies; and after they have been so approved, a copy of them shall
be initialed and dated by Grantor and Grantee.
5. Grantee shall repair and maintain the landscaping and roadway at its
sole cost and expense, and in a first class and sound condition.
6. Grantor warrants that it is the owner of said property and possesses
the ight to make this right of vlay and landscaping grant.
7. The landscaping and right of way easements herein granted shall not
be assigned or otherwise transferred by Grantee voiuntarily; by operation of law,
by merger or other corporate proceedings, or otherwise, in whole or in part,
without the prior written consent of Grantor, which consent may be withheld in
Grantee's sole and absolute discretion. Except as otherwise provided herein, the
terms and conditions of this agreement shall inure to the benefit of and be
binding upon the successors and assigns of the partes hereto.
&. This agreement and the right-3 herein granted to Grantee shall
terminate after six (6) months prior written notice given by either Grantor or
Grantee to the other party.
9. The landscaping and right of way easements herein granted .are
expressly conditioned upon Grantee developing a park and recreational area upon
82-29348rARL
the property north of, northeast of, and contiguous to that certain parcel of
property which Grantor prez:ently owns and upon which Chevron USA, Inc. is
operating oil and gas wells as lessee of Grantor, which parcel includes the
premises over which the within landscaping and right of way easements are
granted. Should Grantee fail to develop a park and recreational area upon said
property, then this agreement and the rights granted herein shall be null and void
and of no force oc effect.
10. Except for any damage to or loss of property (to whomever
belonging), or injury to or death of person(s), caused by the sole negligence or
willful misconduct of Grantor, Grantee shall indemnify, defend and hold harmless
Grantor, its officers, shareholders, agents and employees, and each of them,
harmless from and against all liability or claims thereof for any such loss,
damage, injury or death arising .out of and resulting from Grantee's failure to
perform its obligations herein or Grantee's exercise and use of its rights granted
herein.
11. Grantee hereby recognizes Grantor's title and interest in and to said
premises and agrees never to assail or resist Grantor's title or interest therein.
12. This grant is subject to all valid and existing licenses, leases, grants,
exceptions, reservations and conditions affecting said premises.
HUNTINGTON BE, CH COMPANY
By
resident
By S
=Istut Secretafy
CITI' OF �aUNTINGTON BEACH �
ATTEST:
r � ,
82-2S848Q 40
EXHIBIT A
LEGAL DESCRIPTION
FOR
LANDSCAPING AND RIGHT OF WAY AGREEMENT
".r�.t portion of Parcel 1, icl the City of Huntington Beach, County of Orange,
State of California, as per map recorded in Book 40, Page 40 of Parcel Maps,
records of said County, more particularly descrlbe:' — follows:
Commencing at the centerline intersection of Palm Avenue and 17th Street as
shown on referenced map; thence along said :'enterline of 17th Street N. 41 39'
49" E, 1627.90 feet; thence leaving said centerline N 48 21' 25" W, 45.00 feet to
the northwesterly right of way line of 17th Street and the TRUL POINT OF
BEGINNING; thence N 48 21' 25" W, 341.52 feet to a point on the boundary line
between Parcels 1 and 2 of said Parcel Map; thence along sc ' d boundary line S 41
39' 35" W 40,82 feet; thence 5 48 21' 25" E, 341.52 feet to the northwesterly
right of way line of 17th Street, thence along said northwesterly line N 41 39' 49"
E, 40.82 feet to the true point of beginning.
0
r. gCity is
1, rl
�'` e•.
(' \} P.Q. BOX 190 CALIFORNIA 92648
DEED CERTIFICATION
This is to certify that the interest in real property conveyed by the
deed dated July 19, 1982 from Huntington Beach Company
to the City of Huntington Beach a municipal corporation, is hereby
accepted by the undersigned officer or agent on behalf of the City
Council of the CITY OF HUNTINGTON BEACH, pursuant to the :authority
conferred by Resolution No.3537 of the City Council of the City of
Huntington Beach .adopted on 1':ugust 7, 1972, and the grantee consents
to the recordation thereof by its duly authorized officer„
Dated August 13, 1982
CITY OF HUNTINGTON BEACH
ALICIA M. WENTWORTH
City Clerk —
By: el r�aZ.Z
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Page pages
Exh 1. b I t "C-I" W Pftork nd,�,'
Recreation DedifNatloo. r a"� 1.1
82-293480
STATEMENT OF THE ACTIOA&HE CI1Y COUNCIL
Council Chamber, City Hall
Huntington Beach, California
Monday, duly 19, 1982
called the regular ,aeeting of the City Council
o e, ty o un ng on Beach to order
Present: Pattinson, Thomas, MacAllister, Finley, Bailey, Kelly
Absent: Mandic
HUHTINGTON BEACH COiWNITY PARK - I7TH 5 MAIN - PLANS/SPECIFICATIONS/ADVERTISE FOR BIDS -
Al PROVED - NDSC ING AND RIGHT -OF -WY NEEMENT ITfI HB CO - APPROVED - ND 82-21 -
APPR EDAQKULMLN1 IV HE CUNSOLKLU
The City Clerk presented a communication from the Community Services Director regarding
proposed Huntington Beach Community Park located at 17th and Main Streets.
Discussion was held regarding the matter.
A nation was made by Pattinson, seconded by MacAllister, to approve the plans and
specifications for Huntingtou Beach Community Park and authorized staff to advertise
for construction bids; to approve and apthorize execution of Landscaping and Right -of -
Way Agreement with the Huntington Beach Company; to approve Hegativ- Declaration
82-21 for enviro-,m•,antal review of Huntington Beach Con unity Park and 1. consider the
proposed agreement with Pay-N-Play Racquetball Service Corporation at the meeting of
August 2, 1982. T�? motion carried by the x-,nllowing roll call vote:
AYES: Pattinson, MacAllister, Finley, Bailey, Kelly
NOES: None
NOT VOTING: Thongs
ABSENT: Mandic
Mayor .00"�^^ .'a ,..0djourned the regular meeting of As City Council
of t1;e Cit,y o untingtun Beach at ���9p �" to August 2. 1982
at 7:30 P.M. in COunci'i Cllalm6ET ���tC Center Huntington Ra•,rh CA
ATTEST: Alicia 11. Wentworth
City Clerk and ex-officio Clerk
of the City Council of the City
Alicia M. Wentworth of Huntington beach, California
City Clerk
STATE OF CALIFORNIA )
All+ster
County of Orange
rLaYor Pro Ten
City of Huntington Beach)
1, ALICIA M. WENTWORTH,
the duly elected ana
qualified City Clerk of :he City
of Huntington Beach, California,
do hereby certify that the above and foregoing is a
true and correct. Statement of Action
t,f the City Council
of said City at their
regrlar meeting held on the 14th day of duly
, 191a .
WITNESS my hand and seal
of the said City of
Huntington Beach this the 20th
day of
Alicia M. Wentworth
City Clerk and ex-o c o erk
of the City Council of the City
of Huntington Beach. California
BY —Q�i,.
G eputy
® EC E VE
' CITY D
A U G 2 7 1982
INTER -DEPARTMENT COMMZJNICA'ION HUNTINGTON SEACN _ CITY OF li UNTINTr N BEACH
ADMIl' ISTRATIVE OFFICE
To Jeri Chenelle From Vincent G. Moorhouse
Grants Coordinator Director, Community Services
Subject REQUEST TO SUBMIT GRANT Date Augu t 25. 1982
APPLICATION = PLAY EQUIPMENT
FOR. HUNTINGTON BEACH COMMUNITY
PARK
This department is proposing to submit a grant application through the Roberti Z'Berg Open
Space and Recreation Program for purchase of ploy equipri,ent for Huntington Beach
Community Park.
In accordance with Administrative Regulation No. 107, we are hereby submitting answers to
each item on the Request to Submit Grants Applicatit;i form.
1. Under this particular grant program, $20,291 is available to the City at this time.
With proposed development of Huntington Beach Community Park, staff
recommends that these funds be utilized for necessary play equipment. It is
estimated that such equipment will cost approximately $37,170 and since this
grant is a 75%/25% match, the City will have to provide $16,879 in matching
funds.
2. It is estimated that this project should be completed in FY 1983-84.
3. City's match will be cash.
4. N/A
5. N/A
6. City should receive its portion of state grant funds directly after project
completion.
7. City should receive its portion of state grant funds directly after project
completion.
8 Will provide the public with additional recreational activities within that
particular quarter section.
N/A
10, Since this project is categorically exempt, an environmental impact statement is t
not required.
y
1 1 Yes, an FIR hos been requested.
VGMVM:de�,
RE ST TO SUBMIT GRANTS APPCiCA
SIMMEMNWAM
TO: Grants Coordinator
FROM: Vincent G. Moor'house, Director, Community Services
DATE: August 20, 1982
Attached is the application regarding (Program or project name) Roberti Z' Berg - Play Equipment
for Huntington Beach Community Park
This application will not be submitted' to any agency outside City government until City procedures are
complied with and the Grants Coordinator has approved its submission.
A Request for Council Action is attached which includes the following information:
1. Brief summary of program or project to be funded.
2. Time required to complete program or project, and the estimated Federal/State/City financial
commitments required for each year.
3. Will the City share be cash or in -kind? if cash, how much, over what period?
4. If in -kind, list number and kind of City positions, salaries, expense, and eciuipment which would be
used for City share, and for what period of time.
5. If above City resources (see No. 4) are used for matching funds for this grant, from what other City
programs presently budgeted would these resources be taken?
6. When waiild you expect the City to receive the Federal/State funds for their portion of this grant.
"+ 7. If reimbursement is involved, when would you expect the City to receive FE.�leral/State reimburse
ment for City General or other funds expended?
8. How will this program or project benefit the citizens of the City of Huntington Beach?
9. How will this program or project relate to existing City government, dnd will it assist or deter
existing City governmental functions? is it in conformance with general plan,.capital improvements
program, other plans?
10. Does this grant require an environmental impact statement?
Has it been prepared?
11. Have you consulted with the Finance Department on the preparation of the grant budget?
Approval) t�
Date
lip—
M
Ak
MF
IfCITY OF HUN` INGTON BI:&Cif
INTER -DEPARTMENT COMMUNICA-rION
-
HUNTINGTON BEACH
To Charles W. Thompson From F. B. Arguello
City Administrator Chief of Administrative Services
Subject Request for Interim City Funding Date August 25, 1982
to, Accommodate Application for
Roberti-Z' Berg Grant
FIR # 83-14
In response to the request of the Community Services Department, a Financial Impact
Report has been prepared and submitted relative to the City's application to the
State Department of Parks and Recreation for grant funds to purchase play equipment
for the Huntington Beach Community Park. Of the project's estimated cost of $37,170,
the City will be required to provide matching funds of approximately $16,879.
The grant funds total $20,291. The only immediate fiscal impact of that portion of
the transaction will be to limit the City's earning capability during the interim
prior to reimbursement of these funds. Insofar as the City required matching monies
are concerned, adequate funding is available in the Park Acquisition and Development
Fund that may be utilized for this purpose. Should the City Council approve this
appropriation, the unaudited, unappropriated balance in the fund will be reduced to
$677,210
F. B. Arguello
Chief of Administrative Services ?
a
_r
FBA/AR/cg
n
AUG 3 0 1982
CITY OF HUNTINGTnN BEACH
ADMINISTRATIVE OFFICE
ft
2
CITY OF HUNTINGTON BEACH
FINANCIAL IMPACT REPORT
Project Name Interim City Funding To Accommodate Roberti Z'Ber9 Grant
Description Requested funding of this program.
. DIRECT PROJECT COSTS
1.1 One -Time Costs
Cana
rn., aci 1-
Acquisition
Construction
ties, Equi ment.
Cther Total Cost
16,879
16,879
1.2 Recurring Annual Costs
Pa roll
Additional
Personnel
Materials
Supplies
Outside
Services
venues
Total Cost
Ed
1.3 Replacement/Renewal Costs
NIA
2. INDIRECT COSTS
Loss of City's earning capability due to expenditure of funds.
F44
ahb
8112/82
RESOLUTION NO. 5158
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH APPROVING THE APPLICATION FOR
GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN -
SPACE AND RECREATION PROGRAM
WHEREAS, the legislature of the State of California has
enacted the Roberti-Z'berg Urban Open -Space and Recreation Program
which provides funds to certain political subdivisions of the
St-te of California for acquiring lands for developing facili-
ties to meet urban recreation needs; and
The state Department of Parks and Recreation bas been dele-
gated the responsibility for the administration of the program,
setting up necessary procedures governing application by local
agencies under the program; and
Said procedures established by the state Department of Parks
anJ Recreation require the applicant to certify by resolution the
approval of applications prior to submission of said applications
to the state; and
Said applications contain a certification that the applicant
will comply with all .federal, state, and local environmental,
public health, relocation, affirmative action, and clearinghouse
requirements and all other appropriate codes, laws and regula-
tions prior to the expenditure of the grant funds; and
The project(s) applied for under this program must be of a
high priority and satisfy the most urgent park and recreation
needs with emphasis on unmet needs in the most heavily populated
areas,
NOW, THEREFORi�,, BE IT RESOLVED that the City Council of
the City of Huntington Beach hereby:
1. Approves the filing of an application for funding under
the Roberti--Z'berg Urban Open -Space anI Recreation Program, and
�--. 2. Certifies that said agency understands the general
provisions of the agreement; and
3. Certifies that said agency has or will have sufficient
funds to operate and maintain the project(g) funned under this
program; and
4. Certifier, that said agency has or will have available
prior to commencement of any work on the project(s) included in
this application matching money from a nonstate source; and
5. Certifies that the proiect(s) included in this applica-
tion conform to the recreation element of the city's general
plan; and
6. Appoints the City Administrator as agent of the City of
Huntington Beach to conduct all negotiations, execute and submit
all documents including but riot limited to applications, agree-
ments, amendments, payment request;s,, and so on which may be
necessary for the completion of the aforementioned projeot(s);
and
r^ 7. Appoints the City Attorney as legal counsel for said
city with authorization to sign the cettification on page 1 of
eaid application.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 7th
day of September 1982.
p e
4e+see.e
Mayor
ATTEST: APPROVED AS TO FORM:
o Y4�-
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATE AN 0
r,r C
City Admin-ts- rator � m uni y Services Director
2.
d:
State of California — The Resources Agency Cherk One
DEPARTMENT OF PARKS AND RECREATION
ROBERTI•Z'BERG URBAN OPEN -SPACE AND RECREATION PROGRAM Block Grant
Need Basis Grant
APPLICATION FOR LOCAL ASSISTANCE GRANT
Project Title:
Estimated Total Project Cost 8 37,170 ,
Play Equipment fot- Huntington Beach
S 20,291
Community Park
Amount of Grant Request
Amount of Matching Funds ' S 16,879
Applicant (Agency —address incl. x p code(
Park Acq. &
City of Huntington Beach
Source of Matching Funds d.r
2000 Main Street
Huntington Beach, CA 92648
Project Location;
Community Services Department
Orange
County _
Nearest city Huntington Beach
36
Address and Nearest Cross Street.
State Senate District No.
17th and Main
23
State Assembly District No,
Applicants' Representative Authorized in Resolution
(type) Charles W. Thompson City
Administrator �7141 536•-5201
(Name) (Title)
(Phone)
Person with day-to-day responsibility for project (if different from authorized represcntative)
It, Vick Morris Sr..
Dept. Analyst (714) 536-5486
` (Name) ` (Title)
(Phone)
Description of Project (Brief)
Purchase of Public Play Equipment for Huntington
Beach Community Park,
I certify that the information contained in this application, including required attachments, is accurate and that i have reed and understand the
Important information and assurances on the reverse -of W. form.
t
� �. f , ,��; 7
rr
Ali", e
:.
Signed
Applicant's Authorized Representative ar. Shown in Resolution
Date
1 hereby certify that the applicant has met, or will meet, all federal, state or local environmental, public health, relocation, affirmative action,
and clearinghouse requirements and all other appropriate codes, laws, and regulations prior to the expenditureof the grant funds. (Public
Resources Code 5626 (c)
1 further .ertifv that the applicant fully understands that the State Department of Parks and Recreation will not assume any responsibility to
ensure compliance with any applicable federal, state or local codes, laws
or regulations, but that the Department may conduct an audit to
ensure
to.vL
ISipned - Legal Counsel)
City of Huntington Beach
for
Applicant
DPR 632 112180) love?)
Res. No. 5158
STATE OF CALIFORNIA )
COUNTY OF ORANGE
CITY OF HUNTINGTON BEACH )
ice» J
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-offic.io 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 Cooncil
at a regular meeting thereof held on the 7th day
of September 19 82 , by the following vote:
AYES: Councilmen: E
Thomas, MacAllister, Mandic. Finle.y_a Bailey, Kelly
NOES: Councilmen:
None
ABSENT: Councilmen:
Pattinson
City Clerk and ex-o€fici.o Clerk
of the City Council of the City
of Huntington Beach, CAlifornia
REQUEfT FOR CITY COUNCIL ACTION
Date September 14, 1982
Submitted to: Honorable Mayor and City Council
Submitted by: C. W. Thcxnpson, City Administrator
Prepared by: Paul E. Cook, Director of Public Works
Subject: Removal of Electrical Poles @ Huntington Be.
-Ry CITY CO UNCIIi
CITY
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
The approval of an appropriation of funding for the removal of the electrical poles at
Huntington Beach Community Park requires at least four affirmative votes by Council.
Approve the appropriation of funding, not to exceed $45,000, to have Chevron Oil remove
its electrical poles.
ANALYSIS:
In February of 1982, Mansion Properties, Inc. dedicated, by Quitclaim Deed, 6.821 acres
of land to the City of Huntington Beach for the development of Huntington Beach Ccmwnity
Park. Although the land was deeded to the City, Mansion Properties reserved a number of
rights, including provisions allowing Chevron Oil to serve electrical power to existing
oil island facilities. At present, there are five upright Chevron Oil electrical poles
on the site of Huntington Beach Ccmminity Park. Although these poles provide electricity
to existing oil island facilities directly adjacent to the park, their location is not
compatible with safe ballfields and easy access to parking lot space.
Chevron Oil has agreed to remove the poles and underground the electrical lines; however,
it has requested financial reira,irsement for the cost of materials and labor. The attached
Cost Exhibit specifies the expe. i-tures required to remove the five poles.
Staff reviewed the possibility of contracting the work to other agencies. An informal
bid of $60, 000 Eras obtainer? from So. California Edison Co. to have the poles removed;
however, Chevron Oil would not grant an authorization for the removal of its poles by
others because of potential downtime in oil island operations. Therefore, a detailed.
cost estimate was requested from Chevron Oil. `!he $41,925.50 estimate, covering costs
only, is substantially below that of Edison.
This request for approval of a fund appropriation was presented to Council on Sept. 7, 1982;
however, the action of approval requires four affirmative votes :rather than only three
which it received.
FUNDING SOURCE:
(park Act its Lion & Development Funds for H.B. Cmmunity Park)
Original Amount Budgeted for Park Const.: $867,000.00
Estimated Cost of Park. Construction: 807,877.16
Sub -Total: 59,122.84
Cost of removing poles not to exceed: 45,000.00
Balance: $ 14,122.84
ATTACHMENT:
Cost ±.bit
FID dt81
CWP•PEC:DRNjy
RNEQUAr FOR CITY COUNCIL ACTION
Date August 31, 1982
Submitted to: Honorable Mayor and City Council
Submitted by: C, W. Thompson, City Administrato
Prepared by: Paul E. Cook, Director of Public Work ( f
Subject: Removal of Electrical Poles at Huntington Beach
Community Park; CC 561
Statement of Issue, Rec,)mmendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
In accordance vith the approved plans and specifications for Huntington
Beach Community Park, on -site electrical posies owned by Chevron Oil are
to be removed prior to park development,.
RECOMMEND.A:T ION :
Authorize the Director of Public Works to issue a Purchase Order, not to
exceed $45,000, to Chevron Oil for the removal of its electrical poles.
ANALYSIS:
There are five upright Chevron. Oil electrical poles on the site of
Huntington Beach Community Park. Although these poles provide electricity
to existing oil island facilities directly adjacent to the park, their
loca-:ion will be an inconvenience and a liability when the park is
deve-oped.
Chevron Oil has agreed to remove the poles and underground the electrical
lines; however, it has requested financial reimbursement for the cost of
material and labor per the attached exhibit. Therefo.rrz, the Director of
Public Works is requesting authorization to issue a Purchase Order for
an amount not to exceed $45,000.00. Payment for services will be paid
in full upon completion of work.
Staff reviewed the possibility of contracting the work to other agencies;
however, Chevron would not grant an authorization for the removal of its
poles by others because of potential downtime in oil island operations.
Therefore, it is recommended that Chevron be permitted to remove its power
poles.
FUNDING SOURCE:
Park Acquisition and Development Funds.
ATTACHMENTS:
Exhibit Pole removal cost)
F.I.R.
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Chevron U.S.A. Inc.
Post Office Oox 606, ).a Habra, CA 90631
_
Phone 1213) 694.7570
CA r
Larry 0, McCamish
Land Attorney
Land Devartment "'�"
r:
H CITY F HUNTING BEACH
INTER -DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To Charles W. Thompson From F. B. Arguello
City Administrator Chief of Administrative Services
$ubyect Removal of Electrical Poles at Date August 25, 1982
Huntington Beach Community Park
FIR # 83-13
in response to the Public Works Department, a Financial Impact Report has been pre-
pared and submitted relative to the funding necessary to remove the five Chevron Oil
electrical poles located on the site of the Huntington Beach Community Park. It has
been estimated that $45,000 would be adequate for this project.
Sufficient monies are available in the Park Acquisition and Development Fund for this
purpose. Should the City Council approve this appropriation, the unaudited, unappro-
priated balance in the fund will be reduced to $694,089,
i
:2
F. B. Arguello
l `"' Chief of Administrative Services
FDAIARfcg
x
4
d
Affikk
CITY OF HUNTINGTON BEACH
FINANCIAL IMPACT REPORT
Project Name Removal of Electrical Poles at Community Park
Description Requested funding for this project.
1. DIRECT PROJECT COSTS
1.1 One -Time Costs
.an
urn., Faci i-
Acquisition
Construction
ties, Equipment,
Other Total Cost
45,000 45,000
1.2 Recurring Annual Costs
1.3 Replacement/Renewal Costs
N/A
2. INDIRECT COSTS
Loss of earning capability due to expenditure of funds.
Financial Impact Report 40
Page 2
3. NON -DOLLAR COSTS
N/A
4. BENEFITS TO BE DERIVED FROM THE PROJECT
The requesting department has recommended that the removal of t_he f_iygele t__�r.i__�_,
cal poles will eliminate what they feel to be a present inconvenienr_e and liability
factor that can only compound itself with the future development of the park.
5. PROJECT USAGE
Daily.
6. EXPENDITURE TIMING
Subsequent to City Council approval.
7, COST OF NOT IMPLEMENTING THE PROJECT
Status quo will prevail with respect to the continued conflict of the on -site
poles -and the approved plans and specs for the park that call for their removal.
REOUEEa FOR
'M' J ''
Date July 8, 1982
Submitted to: The Honorable Mayor and City Council
Submitted by Charles W. Thompson, City Administrator
f;
Prepared by: Vincent G. Moorhouse, Diz^ector, Communi Service
Paul E. Cook Director Public Works
Subec : Huntington Beach Community Park l
Statement of issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE
Plans and specifications for the construction of Huntington Beach
Community Park have been completed by Cardoza-DiLallo, landscape
architects, and the Community Services and Public Works Departmr-^t.ts
request permission to advertise for construction bids.
RECOMMENDATION
1. Approve the plans and specifications for Huntington Beach Community
Park and authorize staff to advertise for construction bids;
2. Approve the attacY,ed Landscaping and Right -of -Way Agreement with
the Huntington Beach Company (Exhibit 2);
3 •14- N- ery ce
Cor orAtiQ21_ f� Fir,; h�_ t �,� ;- 1�d- ripleb -M P/ sr�-
p...___
u. Approve the Negative Declaration 82-21 for environmental review
of Huntington Beach Community Park (Exhibit 4).
ANALYSIS
1. The schematic master plan for Huntington F,each Community Park, located
rt 17th and Main Streets (Exhibit 1) was approved by the Community
Services Commission and the City Council in December of 1981. Special
meetings were also held with neighborhood residents that year to obtain
input and concerns. Plans and specifications for the development of
this park are now complete and staff seeks authorization to advertise
for construction bids.
2. A southerly portion of the park, per the plat map in the agreement
with the Huntington Beach Company (Exhibit 2), is.not city property;
however, this portion of land is an integral pa. of the park concept
and is essential for vehicular ingress and egress. Therefore, staff
recommends approval of this agreement.
3. The Pay-N-Play Racquetball Service Corporation has agreed to build
and operate at its expense ten indoor racquetball courts on park
property per the attached agreement (Exhibit 3). In return for this
thirty-five year lease privilege, Pay-N-Play will guarantee a portion
of its monthly profits to the city.
PIC 4/01
a
REQUEST FOR CITY COUNCIL ACTION July 8, 7982
Page Two
4. In accordance with standard policy, an appraisal of the environmental
impact has been completed and, therefore, staff is recommending
approval of Negative Declaration 82-21 (Exhibit 4).
FUNDING SOURCE
Park Acquisition and Development Funds as budgeted for FY82-83.
ALTERNATIVE ACTIONS
Postpone or delete ccnstruction of Huntington Beach Community Park.
ATTACHMENTS
Exhibit 1, location map;
Exhibit 2, Landscaping and Right -of -Way Agreement
Exhibit 3, Agreement with Pay-N-Play Racquetball
Exhibit 4, Negative Declaration 82-21.
VGM:PEC:DN:cs
:_CTIONAL DISTRICT MAP
rry
OF
.WATINGTON 13FACH
USE CF PROPERTY MAP
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ADAMS AVE
AOL
ntington Beach Comrimy
2110 MAIN STREET, HUNTING;TON BEACH, CALIFORNIA 92640
(7145 960-4351
July 29, 1982
Mr. Norman L. Worthy
Department of Parks and Recreation
Civic Center
2000 Main Street
Huntington Beach, California 92648
RE- LANDSCAPING AND RIGHT OF
WAY AGREEMENT
Dear Mr. Worthy:
Enclosed is an original Landscaping and Right of Way Agreement between
Huntington Beach Company and the City of Huntington Beach which has been
executed and acknowledged by Huntington Beach Company. Please forward the
document to the appropriate authority for execution.
If you have any questions regarding this matter, please contact Robert W.
Williams.
Thank you for your assistance.
Very truly yours,
Cindy Coombe
Legal. Assistant
STATEMEN HE ACTION OF THE CIIY COUNCIL
Council Chamber, City Hall
Huntington Beach, California
Monday, July 19, 1982
called the regular meeting of the City Council
o e C ty of Hun tngtan 8eactr to order ai 7: P.}h.
Present: Pattinson, Thomas, MacAllister, Finley, Bailey, Kelly
Absent: Mandic
ett+#sat#awltxtt#wtttt#+wt+#*wwt#+a+at#+taww.wxwwtxw+t+xx+tt+t+tww+++t++##++ww+.#wx+w+aaw
HUNTINGTON BEACH CORIU14ITY PART; - 17TH E MAIN - PLANS(SPECIFICATIUNSADVERTISE FOR BIOS APPROVED - LUDSC.PING AND RIGHT-OF-WAY AGREEMENT WITH HO CO - APPROVED - NO 82-21 -
APPROVED - IT i6B1-001
The City Clerk presented a communication from the Community Services Director regarding
proposed Huntington Beach Community Park located at 17lh and Main Streets.
Discussion was held regarding the watter.
A motion was made by Pattinson, seconded by MacAllister, to approve the plans and
specifications for Huntington Beach Community Park and authorized staff to advertise
for construction bids; to approve and authorize execution of Landscaping and Right -of -
Way Agreement with the Huntington Beach Company; to approve Negative Declaration
82-21 for environmental review of Huntingtuu HOdLh Ca1niutnity Park and to consider the
proposed agreement with Pay-N-Play Racquetball service Corporation at the meeting of
August 2. 1982. The motion carried by the followinq roll call vote:
AYES: Pattinson, MacAllister, Finley, Bailey, Kelly
NOES: None
NOT VOTING: Thomas
ABSENT: Mandic
#t##a.atwaratt.et#�#xwwxtax#>x#tx#t.##.#wwxwx+ax+xx a+rag.tax+a .a r.t+xtex##.#..aa:#+.##ata
Kiyor u uyaeadjourned the regular meeting of the City Council
of the ty of untington Beach at �n r to ljygust 2. 19B2
at 7:30 P.M. in Council CilAP 44tc Center 11 ns:ngtnn (tnarn rA
ATTEST': Alicia H. Wen;;-,vorth
City Clerk and ex-officip Clerk
of the City Council of the City
Alicia M. Wentworth of Huntington Beach, California
City Clerk
STATE OF CALIFORNIA ) oon MacAllister
County of Orange ) Mayer Pro Ten
City of Huntington Beach)
1, ALICiA M. WENTWORTH. the duly elected and qualified City Clerk of the City
of Huntington peach, California, do hereby certify that the anove and foregoing is a
true and correct Statement of Action of the City Council of said City at their
regular meetili9 held on the ly i, day of i,, I v 19 d2 ,
WITNESS my hand and seal of the said City of Huntington Beach this the 20th
day of . 'July , 19-L, .
Alicia M. Wentworth
City Clerk an ex-p ticio erk
of the City Council of the City
Of Huntington Beach,, California
BY
puty
RA�,QUETBALL
SERVICE CORPORATION
1800 E. GARRY AVE. i SUITE 111 e SANTA ANA, CA 92705 • 714/966-2947
PROPER'II LEAS
This AGREEMENT is made the day and year set forth below between the CITY 05
HUNTINGTON BEACH, a municipal corporation, referred to as "City", and CHARLES
L. HOHL, doing business as PAY N PLAY SERVICE CORPORATION, referred to as "Tenant".
RECITALS
Tenant wants to lease certain property in the County of Orange, State of
California, which is part of that property commonly known as Huntington Beach
Community Park No 845 bordered by Utica Ave., Plain and 17th Street,
1. Tenant wants to construct and operate for a_term of (35) thirty five
years, plus two consecutive (10) ten year. OpLions at its choice and^r the
same lease terms a racquetball a racquetball facility consisting of (10)LVn
indoor racquetball courts, and restrooms, according to a plan to be approved
by the City. The facility is to be built and operated by the 'Tenant at no
cost to City. The racquetball facility is to be built and operated to promote
health and recreational enjoyment for the rcsidenLs of the City of ih"ntingtoil
0
Beach, provide inexpensive public recreation, provide City wiLh a roasonable
q
income fro,i revenues derived from the use of the £aciliLy and to provide a
acility that shall hcWou"e the scale possessio"r of CiLy nt tvi-minaLion of LM!,
lease, or ,sooner, as provided below. ,
Therefore, City lc;a%cs to Tenant, and Tenant rents from City, on the terms
and conditions set forth below, Lhc above -described property,
Term. TGis lease shall be for an initial term of thirty-five. (35) years
beginning on -11.98 and unless sooner terminated as
RACQUETBALL
SERVICE CORPORATIOPI
1800 E. GARRY AVE. ® SUITE 111 m SANTA ANA, CA 92705 • 714/966-2947
Page Two,
hereinafter provided, expiring at midnight on ,20 with the option
of the Tenant to extend this lease for two(2) consecutive Len(10) year options
+ under the same terms.
2. Minimum Rent. 1'enant shall pay to the City as ininimum monthly rent during
i the initial Corm hereof, Llie sum of :
-Year one. ....the sum of ($500.) Five hundred clollar•s.
-Year two ..... Lhe sum of ($666.) Six hundred and si.%(.y-six dollars.
i -Yeas three. ..the sum of ($833.) Light hundred and thrity three dollars.
-Year four .... tlie sum if ($1000.) One thousnntl dnllni-s.
-Year f.ive.... the sum of ($1000.) One thousand dollars.
The rent shall be paid in advance om or before the first day of each cal.ander month. �-
t
3. AddiLiona Rent. A..Sta 'Ling wiLh yea l'ive(�) of Lhis lease, r�
4p j e G/ _R "u^ iron ltill`31IL Qfi•,t v_ U,ttFf l�:ri�C(ft (� CG( l/��1 '� ' i 1 �1?� �` G lkJ" S�L
r\ _y.ca .a�inizexs�r�L, t;.kre•- nrreas- in-�csUrt lees: li.,rg`tz1' by Tofinnt w lal-re-Elect an .in-
LL /ZJEC'O(,1. l�llti.1.L.€t ilGtCltG c, i[ t&•.rl l�tC�l�C
- rent f-or e.ich tcti(10)year period: "'TTi`rs"ini=Titts�-ta11Y b�'Cor"
u(jKy($1,00) one above-
,a 1' mertt,ioned-,(1,0).--ten...„.year:-airniversary~-:datL-s ii'(5%)°•--five•-percent- increase-iii-t-]iL»-rni.n.-
' ��!I'� mun�xen:i:..,wi1.L„.ba-.added--to-refl'ect""a"'new`minimum�nronthly"'rrnC-^f-a'r'^the'�next"•(^10)'-t,:n
year period.Under no circumstances shall the minimum rent he less Lhan :ury
L' previous auniversai-y year.
3'e'rfI i B. Also as additional rent, 'i'ena+rt aj,,rcc$ to provide coi:rL space iL no
charge to Iluntington Roach Ili;h Schco].Afor conducting z-egistc'red Physical HducnLion
racquetball classes during regular school days and Hours. Classes will be taught
'1 by qualified insLrucicar on hunting Lon Beach School. District faculty. Tonan�t will
tff1.-7)G7t1 7'3Ct d. i/J. /� :3C.r Jtl
provide up LQ -fzv-cf' courts during regular school drys and huurs4 No courts till
Y Sul%+t f 5
be available to Iltint n ton llcacli Illgh School di.stricLAon ruin -schooldays,
rr{ai di�r-,R
ka 5 i2; 30
.t: 1uu�ts�Y�a»L-ho nttr",after 44 . -zr p.m. Any misu.-;o of ilrt4 program mentioned abovo
"I 1"o
RACQUETBALL
SERVICE CORPORATION
1800 E. GARRY AVE. e SUITE III SANTA ANA, CA 92705 • 714/966-2947
- ,..... _ Page Three,
may be discontinued at Tenants option. Estimated value of this additional rent
u.�r% crr�1'Gl�, u. V:CG
isar�zuc�r I<f cc�c r4�13 lu�cc ittty`�.
,875.0.U. per ;rre��li.��1 2ll., rtCC��p
C. Also as, additional rent, if and when the racquetball center is sold by
4
Tenant, the initial cost of the racquetball center will first be subtracted from
the:sale price and the remainder left will be considered the profit of which the
City will receivc(10%) ten of this profit,
4. Construction. A. Tenant shall prepare and submit to City, for City's
approval, proposed plans and specifications, providing reasonable detail, for
the. construction of the racquetball facility, witliout lnndscoping and any
other improvements to be made.
B. Tenan; will obtain City"s approval for the plans and specifications
as provided above, for the construction of the racqueLbal.] facility. Prig
to the commencement of any construction, Tenant shall provide to City audited
financial statements and or other financial information ns may be reasonably
reguested by City, demonstrating that Tenant will have adequnLc funding,
including reasonable contingency reserve, for the con.,;LrUCL!on of the racquet-
ball facility.
C. The cost of all construction , including, Irut not by w.ly of l.imiUlLion,
the cost of Flans, specificaLions, insurance, bonds, and cost of materials and
labor, shall be paid by T(innnt, and any and all contracts cnLcred into by 'rennnL
relating to the racquetball facility shall Contain the following clause:
" Under no cirr.umstancrs sh111 the Cite of Ih111011;Lun licach,or any cif its
officers, ag;ants or (111ployc'es, be r.espons)h10 for nnr rc,sts or ;slims of
mot -icy whatsoever linden this agrectnent, ar which ao in any Manuel
connected with Lhc subject matter of this afiroemraL,"
RACQUETBALL
SERVICE CORPORATION
' 1800 E. GARRY AVE. • SUITE III SANTA ANA, CA 92705 7141966-2947
Page Four, .
r,,ri hh3ira rlirtn hlin f , —C; ��lie
IaE13��7rA-{SCS..�-ni3'�
ea*-w irt-laefle.. ea. tl1c�-telve�bal J-f-acrl-.ram}
U. Subject to the provisions of Paragraph 9, Tenant shall. at all times keep
and hold Lhe premises, including, but not by way of limitation, the interest of
Tenant under this lease, free and clear of any and mechanic's liens.
E. No construction shall be commenced by Tenant until City has certified,
in writing, that the provisions of subparagraphs A, B and C of this paragraph
four have been complied with by Tenant.
F. City agrees that Tenant shall be ,at-iticd to place an approved sign on
at least one major public road, street or highway, to advertise the existence
and location of the Pay N flay Racquetball Center. Ali advertising signs shall
comply with.applicuble provisions of the Municipal Code, and Lhe costs thereof-
shall be paid byz Tenant.
C. It shall be the responsibility of Tenant to cause eon,LrucLion of the
racquetball facility to be commenced ns�eau-ar— l ` - �iczr�, and j
to diligently prosecute such consLrucLi.on to c��' npw" leLion, flcy racquetball
�� f hemdy
facility shall be completed noL laater that c3Aw , from the commencement
of the term; exceptillp delay Unused by acts of Cod or the elcmenLs, shorLngv
or unavailability of necessary materials, suppliers, or labor or reasonable
.substitutes thereof, or Other conditions which are reasonably beyond tile`
control of Tenant.
S. Tenant agrees to reimbursL the; City at its cost for the immediate trees
planted adjacent Co the rac:cluetbal,l canter, with matximuaq aanunant being ten(10) trees.
LRACQUETBALL
SERVICE CORPORATION
1800 E. GARRY AVE. s SUITE 111 e SANTA ANA, CA 92705 714/966-2947
s _ •. Page rive,
.6. Security of Premises. Tennant agrees to at its sole cost to administer
---=_�mtmF)+-calm salcuriL-y of the facility to *-Fe44a -
City satisfaction.
7. Condition of •Premises. City shall provide the site described in Exhibit
'A' upon which at no cost to City, the Tenant shall construct a racquetball
facility to the satisfaction of City. Tenant- acknowledges rhat he has inspected
the demised premises prior to the execution of this lease, and is satisfied with
its condition.
LON
8. Alterations. Following construction of the racquetball facility as
provided in paragraph 5, Tenant shall not make any alterations to the Premises
z
withal City's consent; Provided, however, that Tenant is authorized to make
minor, nonstructural alterations without City's prier constAlL. Any alterations
made shall remain and be surrendered with the premises on c-xpiration or term-
ination of this lease.
1-1Y. riechanic's Liens. Tenant shall pay all costs for construction done by ,
him, or caused to be done by him, on Lhe prewD—os free ;ind clear 'of all
i
mucha�ni-'s liens resulting, from construction done ky or for Tewint.
RACQUETBALL
SERVICE CORPORATION
3 1800 E. GARRY AVE. e SUITE 111 • SANTA ANA, CA 92705 a 714/966 2947
Page Six
Tenant shall have the right to contest the correctness or the validity of
any such lien if, immediately upon demand by City, Tenant procures and
records a lien release bond issued by a corporation authorized to issue
security bonds in California in an amount equal to one and one-half(1-1/2)
times the amount of the claim of lien, The bond shall meet the requirements
of Civil Code Section 3143 and shall provide for the payment of any sum that.
i
the claimant may recover on the claim, together with costs of suit, if it
r;
recovers in action,
10. Maintenance. Tenant, at his expense, shall keep and maintaZn the
,IG
,1
demised premises, its appurtenances, and every part thereof in good and
,'�•
sanitary order, condition, and repair, subject to normal wear a.,u tear, •The
landscaping shall be maintained by City at no cost to the 'Tenant,
11, Property Taxes. 'tenant shall pay, before deli.quency, all real
property taxes and general and special assessments levied and assessed
'}r
against the building only, and all taxes, assessments, license fees and
other charges that are levied and assessed against Tell, lit 's personaZ
N
property installed or located in or on the premises during; Lire Lerm of
4
this lease, On demand by City, Tenant shall furnish CiLy with satisfactory
t
evidence oL thesc payments.
12. Utilities. Tenant shall pay for all water, gas, IrcaL, light, paw0l' ,
. telephone service, and all other services and uLflities/ supplied by Ci.LyALo lYl ,,i4
the demised premises, City provided services shall be, providod Lo Lhe TL•o.rnt
_
at the some rates as any ether user of such service, ill t.liu area of Lhe Ivasa
property.
RACQUETBALL
SERVICE CORPORATION
0
1800 E. GARRY AVE. • SUITE III • SANTA ANA, CA 92705 • 714/966-2947
• �,.�_... _
Page Seven,
13. Fire insurance and liability insurance. During the term of this lease
'
and any renewal thereof, and specifically during the period of construction
�
CM
a,f the racquetball facility, Tenant agrees to take out and maintain in force
(1M
�1j1J"JI
withcompanies agreeable to City, at Tenzuiti'st sole cost and e.xpen&•., fire
insurance with extended coverage, including coverage for damage caused by
vandalism an-d malicious mischief on the racquetball facility and on any
personal property. Such insurance policy shall be issued in the names of,
City and Tenant as their interests shall appear, The loss insured against
by such insurance shall be equal to at least 80! of the full insurable value.
Procead= of any insurance shall be used for the repair or rebuilding of any
damages insured against; provided, that if Tenant elects not to make -uch
repairs or reconstruction, the proceeds shall be payable to City.
Tenant agrees, at Tenant"s cost and expense, thrOL11,111OUt Lhe term of this
lease or any extension thereof, to carry and maintain public liability and
property damage insurance with such companies and in such amounts as may
„
reasonably be required by City. The init.fal pali.cy 1imi.Ls shall be for not
less than five hundred thousand dollars($500,000.00) to injury to one person,
one million dollars ($1,000,000.00) for injuries to more than one person, and
property dattige limits of not less than three hundred Lhousand clot larts($31)0,000.00) i.
14. Waiver of Righc. of Subrogation. City and Tenant release and waive
their tights against each other, incl.udi,np their officers, d rectors, and
employees, if any, for the 'responsibility for damage to prcperty cntsscd by
tire, explosion, or other hazard to the extent covered by fire insurance: ,
1
1800 E. GARRY AVE. • SUITE 111 ® SANTA ANA, CA 92705 = 71.4/966-2947
Page light,
including extended coverage. City agrees to use its best efforts Lo obtain
a waiver of right of subrogation endorsement to any fire insurance policy
1 with extended coverage covering City with respect to the leased premises,
such endorsements to waive the right of the insurer to subrogate itself to
City in any action against Tenant, Tenant agrees to pay such additional
premiums, if any, which City shall be obligated to pay by reason of obtain-
ing such rider or endorsement,
15. Indemnity. 'Tenant shall hold City harmless from all damages arising
out of any damage to any person or property occurring in, on or about the
leased premises, except that City shall be laibl^_ to TenanL for damages
resulting from the acts or omissions of City or its authorized agents.
is
Tenant's obligation under this paragraph to indemnify and hold -City
harmless shall be limited to the sum that exceeds the amount of the
t.
insurance proceeds, if any, received by City under the policies of insurance:
maintained by Qenant under the provisions of this lease,
16, Use. Tenant shall use the demised promises solely for.a public
racquetball facility, and for incidental uses reasonably slated LhcrcLO, , ell
including the sale of food and nonalcoholic bevcragus frnm vending egti pmL•nL. i
2
I Tenant shall at all times opera Le the racqucrLball: fucil i Ly in a cnuimerc ial l y
sound manner and shall employ his best efforts to maximize the gross inc000c,
The property shall, at all times, be used in compliance k'Lh all federal,
state, county and city laws, ordinances, rules and regulations.
t'.
RACQUETBALL
SERVICE CORPORATION
1800 E. GARRY AVE. + SUITE III • SANTA ANA, CA 92.705 • 714l966-2947
n
Page Nine,
The racquetball facility shall be open to the public (subject to any ad-
mission charges and other commercially reasonable and uniformly applied ru:lcs)
and Tenant shall not discriminate against any person on the basis of race,
creed, religion, color, national origin or sex Tenant agrees that the use -
of the premises shall be such to cause a minimum of noise and/or other in-
convenience to the neighboring residents, and in this regard, Tenant shall
cooperate with City, from time to time, to implement any reasonable recommend-
ations of City with regard to the operations of the racquetball facility.
17. Inspection. Tenant shall permit City and its agents to enter into and
YQ upon the demised premises at all reasonable tines for the purpose of in-
-_ specting tite same, '
P18. Damage or Destruction, If during the term of this lease, any building
or permanent improvement at any time erected on the demised premises shall
1
be partially destroyed by fire or other hazard, contingency, casualty,
x
i
including, 'out not limited to, earthquake, or other cause or risk, including
any destruction required by any authorized public authority, and rxcluditil;
;a
any damage or destruction resulting from 'Tenant's act, usv or occupation, or
if, said building or permanent improvements are declared unsafa or unl cur
occupation, or if said building or permanent i.mpr,ovrmeniLs are decl.irr.d
i
or unfit for occupancy by any authorized public authority for any treason
other than Tenant's acts, use or occupation, and whether or not such des-
truction or damage is covered by insurance, this lease will terminate. Not
withstanding the above, Tenant shall have the option Go repnir or rebuild
ID IiF \I�IR�1! ®111�61\II
4
I ter_ J
RACQUETBALL
SERVICECORPORATION
o
1800 E. GARRY AVE. ® SUITE 111 SANTA ANA, CA 92705 • 714/966-2947
Page Ten,
the premises, at his own expense, in which event this lease shall.. not
terminate. In the event Tenant elects to so repair or rebuild the premises,
the proceeds of any insurance payable as a result of such destruction shall
be applied to the cost of reconstruction or repair.
19. Termination by City,. In the event of any of the following defaults
by Tenant, City may, at its option, terminate this lease;
a, The failure of Tenant to pay rent or make any other. payment 4
required to be made by the Tenant hereunder, where such failure continues
for thirty (30) days after written notice thereof by City 'o Tenant;
b. A failure of Tenant to observe or perform any other provisions
of this lease which are to be performed by 'Tenant, provided that Tenant
has not cured such default within thirty(30) days after c•1ritten notice
thereof by City to Tenant.
Should tenant file a petition of bankruptcy, or becomes a party.to
such a proceeding as the debtor, Tenant shall affirm or reject this lease
not later than sixty(60) days from the filing of the petition in bankruptcy
or other commencement of the proceedings, and the failure to affirm this
lease with such time: period shall be deemed a reiectioh of this lease. In
such event, this .lease shall automatically terminate, and thri premixes
shall be iinmedlaLely surrendered to City.
in the event of a default by Tenant permicting City to terminate
this lease, City, besides other rights a.•r remedies it may have, shall have
the irnmcdiate right of re—entry and may remove all persons and property from
r
C Dr -
a
RACQ MALL
SERVICE CORPORATION
1800 E. GARRY AVE, - SUITE 111 SANTA ANA, CA 92705 s 714 f -2947
page 'Eleven
the premises; such property may be removed and stored in a public ware-
house or elsewhere at the cost of and for the account of Tenant. Should
City at any time terminate this lease for any breach, in addition to all
. >hs
other remedies City may have, City may recover from Tenant all damages
it may incur by reason of such breach, including the worth, at the time
of the award, the amount by which the unpaid rent for balance of the term
after the time of award exceeds the amount of the lost rent that 'Tenant's
proves could have been reasonably been avoided, The unpaid rent shall
include a reasonable estimate of the additional rent reserved under the
provisions. of paragraph three of this lease.
City shall have ali remedies contained in this paragraph 19, and
these remedies are cumulative and are in addition to any other remedies
provided by law.
20. Termination by hessce. Tenant shall have the option to terminate
— `t
this lease under the following conditions upon thirty(30) days written
notice to City:
(a). Upon destruction of the premises and the improvement~ thereon tU
{ 5
an extent that Tenant deems it impracti.cal or inadvisable to ropair and
i
reconstruct such destruction and damage, In such evCnt, TennnL shall return
the land to its original state prior to construction at Tenant's sole cost
and expense, and proceeds of all insurance on property that would have
reverted to City at termination of tita lease shall be paid to City,
903
RACQUETBALL
SERVICE CORPORATION
1800 E. GARRY AVE, SUITE ill SANTA ANA, CA 92705 714/966-2947
Page Twelve,
(b). Upon the condemnation of the leased premises or any part thereof
provided that the remaining portion of the premises and improvements thereon
are rendered unsuitable for Tenant's continued u5c of the premises.
(c). At any time during the initial one.hundred and eighty (180) days
of this 1e_.se if: (1) Tenant reasonably detennines that he is unabLc to
obtain financing necessary to permit the construction and operation of the
proposed racquetball facility, or (2) if Tenant is prevented or reasonably
hindered in commencing the construction of the proposed racquetball faciliLy
by act of God or the elements, shortage or unavailablility of necessary
materials, supplies or labor or reasonable substiLuLes thereof, or applicable
governmental regulations or restrictions.
21, Attorney's Fees. If City or Tenant become a party to any litigation
concerning this lease, the premises or the racquetball facility or other
improvements which are to be constructed thereon, by reason of any act or ?
omission by the other party(or its authorized representatives) (tire
'culpable party') and not by its own act or omission or any ncl or omission `
r
a
i
of its authorized representative ( "the culpable party'), the party who r.arr5r:;
r.
the nonculpable party to become involved in the litigatiou shall be liable
for the reasonable attorneys' Pees and court costs inrurr•rd by Lila non— R
y
culpable party in the litigation. Notwith standing the foregoing, if
either pa�rLy commences an action against the other party arising ouL or or
in connection -With this lease, the prevailing party shall be entitled to x
r.
have and recover from the losing party reasonable attorneys' fees and costs of i,iii;
;gNpr
RACQUETBALL
SERVICE CORPORATION
17 1800 E. GARRY AVE. - ',SUITE 111 - SANTA ANA, CA 92705 * 714/966-2947
�..,...- _ Page Thirteen,
22. Assignment. Tenant shall not voluntarily assign or encumber his
interest in this lease or in the premises, or sublease all or any part of
the premises, allow any other person or entity to occupy or use all or any
part of the premises, without- first obtaining City's written consent, Any
of which will not be unreasonably withheld. Consent by CiLy to assignment
shall release Tenant from liability for continued performance of terms and
conditions in this lease, Assignment, encumbrance or sublease without
City's consent shall be voidable and at City"s election shall constitute
a default. Ido consent to any assignment encumbrance or sublease shall
constitute a further waiver of the provis-ions of_this paragraph.
23. Waiver of Breach, The waiver by City or Tenant of any breach of
the other party of any term, covenant, or condition contained herein
shall not be deemed to be a waiver of any subsequent breach of Lhe same
or any other term, covenant, or condition herein contained.
24. Compliance with l.aw. Tenant shall, at its sole cost and expense,
comply with all of the requirements of -.11. municipal, slate• rind federal
r
authorities now in force, or whic]. may hereafter be in force, p4rlaining
to the demised prviniscs, and shall faiLlhfully observe In Lhct use of the
demised statutes in force or which may her.eafLer he in force.
25. holding Over, If Tenant, with City's consent, express or implied,
remains in possession of the premises after expiration or Lermination of
this lease, such possession by Tenant shall be deemed to be month-Lo-month
tenancy terminable on thirty(30) days notice given at anytime by either party,
r-
OEM
RACQUETBALL
SERVICE CORPORATION
i
f _ 1800 E. GARRY AVE. • SUITE 111 • SANTA ANA, CA 92705 s 714/966-2947
Page 'Fourteen,
All provisions of this lease except those pertaining to term and option to
extend shall apply to the month -to -month tenancy,
26,Notices, All notices permitted or required under this lease shalt
be in writing, and shall be delivered to the applicable party specified below,
or at such other address as the respective party may provide In writing fur
' this purpose;
City:
City of Huntington Beach
Dept, Community gerv;ces
� Huntington Beach, Ca, �2648
Tenant:
PNl' Service Corporation
1800 E. Carry Ave Suite 111 z
Santa Ana, Ca. 92705 r,
Such notice shall be deemed made when personally delivered or when mailed,
48hours after deposit in the U.S. Mails, registered or certified postage
prepaid, and addressed to the party as provided above, }
4
27. Iintire Agreement. This lease contains the entire agreement of. the
parties, and supercedes all prior negotiations ond(Ir!;gaoling;, whether
written or oral. This agreement may only be amended or muudirivd by wriU n
agreement, executed by both parties.
28. Time. of l:s..unce. 'Tillie is of the essence of onrh Ind every provi;,itul
of this lease,
29. Surrender of Premises, 0n expiration of this it•ase, 'renrnt s+itll
surrender to Lessor the premises and all of Tenant's improvements and )lter-
at.ions- in gord condition, reasonable wr.ar and tear excepLed,7'unnnt shall remove }
its personal property within the above -stated time.
RACQUETBALL
SERVICE CORPORATION
1800 E. GARRY AVE. - SUITE 111 . SANTA ANA, CA 92705 . 714/966-2947
a` Page ; i if teen,
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS LEASE LN DUPLICATE`
THIS DAY OF 1982,
CITY OF HUNTINCTON BEACH
BY
TENANT:
CIIA.RLES L. HOHL, DOING BUSINESS AS PAY N PLAY SERVICI: CORP.
BY
CITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION
11WN11N[.1f7N HIM 11
it bran Noble From ENVIRONMENTAL RESOURCES SECTION
Engineering/Planner
Subject NEGATIVE DECLARATION Date July 14, 1982
NO* 82-21.
Applicant: City of Huntington Beach
Reouest: To Develop a Park Site
Location: Northwest Corner 17th Street and
Main Street
Background
Based on the Staff's initial study of this project a Draft Negative Declaration
was published in the local newspaper and posted in the Office of the City Clerk
for a 10-day public review period ending _ Ju1y 13 1982 and
x no comments, the attached comments, were received.
Recommendation
The Environmental Resources Section recommends that the Cite Council
approve Negative Declaration No. 82-21
finding that the proposed project will not have a significant adverse effect
on the environment.
Respectfully submitted,
''J�mes R. Barnes
XCssociate` Planner
JRB/dc