Loading...
HomeMy WebLinkAboutHUNTINGTON PACIFIC CORPORATION - 1963-07-01DON P. ZONFA, City Attorney DAN J. WHTTZS1DE,, Deputy City Attorney 2 1 City of Huntington Beach 31 Post Office Box 190 Huntlyi4tor. Brach, Ca.lifornia 92648 4 Telophone: (714) 536-5261 5 Attorneys fL:Plaintiff 6 7 F !LED May 1-�, 1972 SUPERIOR COURT Or THE STATE OF CALIVOFNIA FOR THE COUNTY OF ORANGE 10 11 CITY r)F HIM4TINOTON -32ACH, oto Case pica . 175 055 12 Pla'%ntiff, VIRST AMbdDIKENT TO 13 VS. 8-T-VULKTION -P-0711-B,-E-Ar-H ORRATI; AND OfD-R 14 STANDARD OIL 1710MMY, etc., Ta'REON 1511 Defendants. 16 17 18 'IT 13 HEFWJBY STIPULATED AND AGMED by and between the, 19 1?laintifr and Defendant,, HuntinGflov Pacific Corporatlon, P.t.�reafter 20 i 4allqd "Huntington" as follows: 21 1. In complete discharge and satisfaction of any abli- 22 gation of Funtin6ton to the Plaintlff for any lifeguard and beach 23'1 M.intenanoe services rendered pria- to July ?8, 1971, by the 24 Plaintiff with respeat to the property deakalbed In Paragraph 1 of 25 the Plaintiff's Complaint herein, Paragraph 11 of the Stipulation 26 for Beach Operation anti Order Thereon, filed and entered hcrein 27 on July 28, 19711 is hereby amended to read as follows: 28 n1l, For the first 'stipulation year' (as hereinafter defined) Huntington sh&13 expend the sum of $60,000,00 and for 30 each zubzoquent tt1pulation year occurring within the firtt five 31 yearo f>f the terM of this stipul4tion, Huntington shal.- expend the 321 $am- of W�,,000-00 for the construouion, oper4ition_, ma4ntenance and I 2 IKA 11rzpair (bat not including taxes or asneBsment8) or the 'Bluff Area Improvements' (as hereinafter defined); provided however, Hunting- ton may, but shall not be obligated to expend in excess of the ,4 1 foregoing amounts In any stipulation year or years and any such 51 excess �xpenditure shall be credited againat Nuntington's obliga- 6 tion to make such expenditure i'or future year:, pro-ilded, further, 7 if this stipulation should termirate before the end of any stipu- 8 lati-:..i year during such fivP year -�rlod,, Huntington's aforesaid obliration shall be reduced �,r V.hL same proportion as thi portion 10 of such stipulation year subsequent to the date of t.—Mination rt 11 bears to the entire stipulateion yeal,. For each stipulation year 12 after said five year perica, HiAintlr�P�on zi.all bear the cost of 18 loperating, mainWning and repairin6 the 'Muff Area Improvements'. 14 j As used herein, the term Istipv.,lation year' shall mean any period 15 of t-welve consecutive months during the term hereof, commencing on 16 the date of this otipulation or any anniversary date thereof. Am 17 used herein, the term 'Bluff Area Improvements' shall mean the 18 following improvements upon the Bluff Area: 19 A. Curbs, gutters and service road control Satez, 20 located substantially as shown on Exhibit A, 21 2. ?arking facilities for use by the public; 22 0< Sidewallks for une of the public; 23 1). Landscaping and appurtenant ir�igatlon 24 facilities; 25 1 E. Stairways and walk:ways for public pedestrian 26 _-Co.�ss to the Beach Area; ,27 P, Other improvement-s as may be gnu tmually 28 agred,4 upon in writing b;, the parties, such as 29 painting and other cosmetic treatment of oil facilUiea and burial of pipelints Ind utilities." 31 2. Bx6ept as hareln expressly modified, all of the terms and provi*ions or said stipulatton shall remain in full force and W Nitt M, T� ,t i� I 16ffect as oriK nally meet forth. BATED this 8th day of Februara..._.,__. , 1972. 4 CITY OF kiUiTINGI'Oa BEACH a municipal corporation 5 /s/ George C. McCracken Mayor 8 4 9 By /S/ T.:ul C. Jcnes City C:l�.r3,. io 31 DON P. BONFA, City Attorney I$ 1 By /s/ Don P. Bonfa ` At rner -,.;or Paint9fi° 14 city of Huntington Beach s 1t. HUNTINGTON PACSPIC CORPORATION 1'l { 18 3y /s/ W. E . Foster 19 Vice Pres. 20 By /s/ S. j Goodwin 21 Ass't. Secy. LAWLEF,,, FELIX & IHALL 28 24 By, /s/ John J. Bardet Attorneys for D f-Kidant 25 Hunt n4ton Pacify a Corporation 26 27 2E so ORDERED, 29 DATED this . day of May p 1972 pry, 1 ON P, BONFA, City Attorney F N i. WHITESIDE, Deputj City Attorney 2ty of Huntington Beach Est Office Box lJ0 3 1runtington, Beach, California 92648 4 } �elephone : 714) 536-5261 B tttorney s for Plaintiff U t j# SUPERIOR COURT OF THE STATE OF CALIFORNIA ": r FOR. THE COUNTY OF ORANGE 41, 10 11 1CITY OF HUNTINGTON BEACH, etc,) Case No. 175 055 Plaintiff, STIPULATION FOR BEACH 13 vs. ) 5PEFA'rION AND ORDER THEREON �4STAND.ARD 1.4 OIL 00IMPANY, etc., et al., 75 } Defendants. } 16 j{ } 17 i r IT IS HEREBY STIPULATED AND AGREED by and between 111� 1,9 )�plaintifl and defendant Huntington Pacific Corporation, hereiin.- 20 €aft;er called "Huntington," as follows: a 21 1. The temporary restraining order issued herein under 22 ;date of June 17, 1971, shall be vacated and plain.'iff's appli- 23 jcation for preliminary injunction shall be taken off calendar. 24 ; Iuntington shall, ntt construct the fence which is the subject Of 25,,Paid a iporaa .� restraining order. � 2 By 'ormande 2611 � executJ on of or per under this atip"rIa - 27 !"blon or any extension ov mod-1.fication there:`Jf, rielther plaint—tf � 'Y 'per any defendant shall be deemed to have waived any clam of 2.9 ight, 'title, Interest or damaSe heretofore or hereafter made in � 30 �F �hi.s action nor any right;, title or interest in or to the property y t 31 r any part, thereof described in the pleadings; this sti.palat;i.ort 32 6d any extensiIon, or modific�_',J n thereof is and shall be without it a prejudice ce to the rights In thy.:, a: ft cn :hF ttry party thert4 . Neitherthe execution ofthira stipu � tion, nor any th-Ing her4e 'f contained, shall in any way be deemed an admission by any party 1 4 with respect to the right, title, cr interest in or to the prop-- erty or any ;part thereof described 141 the pleadings, nor this stipulatior= or any improvements constructed pursuant _ this stipulation in any manner whatsoever be deemed ox- used _- s evidence for any purpose, nor shall this agreement be used, employed, or taken as a basis fox, tho definition in thi.,:I action of any right, !title, or interest of any party hereto. Any view of the site by edge or jury in this action shall. be subject to this stipulation. ',. The term of this stipulatior shall extend until the is Y, ear.t3:er or me r na.. )uagnenc in -.nzs acT:Lon or tiie ussrfu.ssal 01 ,t 14 this action. 15'! 4. This stipulation shall be bindiilg upon and inure 16 'to the benefit of the respective successors and assigns of the 17 ;J parties hereto. 6 5 • The property described in paragraph l of the 1.9 t� pla.intif f's compl,aint, herein shall be hereinafter called "said 20 ti Property." As used herein the t rm "Beach Area." shall reefer to 23 that pert:.ot of Said Property depl cted as "Beach Area" on the 22 plat map attached hereto as Exhibit A and hereby made a part 33 Phereof, and the term "Bluff Area" seal.]. refer to that potation t�,4 11 of Said Property depicted as "Bluff Area," on s-iid plat map. 25 6. The Beach Area shall be used solely for public 26 !'reach recreational purposes under tbr-! operation of the City of 2i �Cuntiligton ', a �, Beach, sub*,ect to tx2e ordinances of the pity ref 28 n tington Beach, including, but not limited to, Chapter 75 of the l� .9 tingtrn Beach Ord inancd Code, and no concession:, commercial 30 enterprise, or other buildin!; or structure of any nature, what- 31 q's-jever shall be erected, maintaixied, c;r operated upon the Beach 32 Area r'ty any person whatsoever, except those structures and J 2. t 0011k, 4 5 6 7 10 11 12 13 14- in writing ty L,rth parties. N4' ti-111, h ztan J1 ng, tfit! f, rl�, C plaintiff may, but iz not obligated to, naintain arn operate public toilets and public show�?rs on the Beach Area at plaintiff's expense, I. Without prejudice to any rights which may be veztedi in the parties in and to the Beach Area, the parties and those i claiming under them shall have the right to operate and maintain presently existing improvements and operations, and to pass over, upon and across the Beach Area for any purpose which is consistenti with presently existing rights of the parties and those claiminE under them, and with this stipulation, r, 0. P! JLritiff sha'31-1 provide lifeguard, mainte.iance and -dean-up services on the Beach Area. 15 9. Huntington shall pay all taxes which are or may 16, become due upon the Beach Area and the Bluff Area, and the 1,7 plaintiff may, but shall not be obligated to, participate in 18, respect to Said )?roperty, in the Federal Beach Erosion Control l9i; Project prog:,ams, authorized under Public 'Law 87-014 (hereinafter 201" called the "project"); Huntington shall nave nc obligation during 21;'4 the term of stipulation ro participate in the project. 22t, 10. The plaintiff and Huntington shall eac'i carry 23 public liability and property damage insurance as follows: public 2'j' 4; liability insurance in the amount cf two hundred -fifty thousand 25 tdollars ($250,000.00) and property damage insurance in the amount 26 of two hundred fifty thousand dollars '�250,000.00). Such policy 1: 2,74of the plaintIff shall protect Huntington and defendant Standard r !�Oil Company of California as to the Beach Area, and such policy :5 0 29 At of Huntir*&ton shall protect the plaintiff as to Said Property, So from i3nd against all loss, cost, liability, and expense of any 3114haracter with respect to any claim or demand for injury to or I 32'!death of persons, or for dazaga to or loss :,f property, or any 3. ry 4 f 1 1 , expertise directly o. indirectly ari-ilio.T out. of )r attributed ':r, 2 5 the exercise by any nary, Its r en+„«r, ufiNY°van€,0, employ es, 3 ;a 13censees, permittees, or invitees of chi: use of the property s. 4 !; involved or the exercise or enjoyment of any right of privilege 5 hereby granted. Said policy of the plaintiff shall name the z 6 +defendants Huntington and Standard 4s additional -nsured and � 7 , said policy of Huntington shall name plaintiff as additional � a� insured. Each of said policies shall be carried with insurance 1 t 1 9 V companies authorized to do insurance business in the State of 10California, and tha Form of each said policy shall be first approved in writ 3 ng by the additional insured party. Each party 12 ;o shall immediately upon tha acquisition o' its respective policy 13 ? of insurance furnish a cosy of the ue—tVli.cate of insurance to 14; the other. . 3 15 11. For eacr: jea.r" (as hereinafter 16'4deffined) occurring s,ithin the first fi.e years of the term of � 17 ,' thin stipulation,, Huntington shall expend r. t less than thirty � 18 ; thousand dollars ($30,000.00) (hereinafter all.ed "miximum 19 13 oQli.gatiofi") for the construction, operation, maintenance and g 20 ' repair (but not incladi:ig taxes or a:�sessments) of the "B1*iff Area 211sImprovements" (as hereinafter defined); provided, however, if this 22 '�StipalatiOn should terminate 'before the end of any atipulati.on ` ;x3 year during such five year period, Huntingtonlz aioreoa d obligation 24:'shall be reduced in ':he same proportion as the portion of su?,-h 25 s sti.pu'a,ion year subsequent to the date oftermination bears to } 26 ",the entire stipulation year. For each :stipulation year after Maid 27 j1five year period, Huntingtonshall near she cot of op rat:,ng, i i 28 maintaining, and repairing the "Bluff Area. Improvements". As used 29 � herei a, the term "stipu:'ati.on year" shall mean any period of p ;twelve onsecuk;tve more-Ihs during; the terra hereof, oommenr.i.ng on 31 i1 he date oP this sti;pul.ati.on or any anniversary date thereof. As s 32 used herein, the term e 3luff Area, Impe ovements t" shall meaia the i t 4 ^ f jgqgqd � f t fallowing irprovemento upon the Bluff Area - A. Curbz , gutters and servico r,Dad c, c,nt roe es located substantially as soown on Exhibit A. B. Parking facilities for use by the public.; [ G. Sidews•lks for use of the public:; D. Landscaping and appurtenant irrigation facilities.- E. Stairways and walkways for public pedeMtrian access to the Beach Area; F . Other improvements as Dray be mutually e µ al 11 '` agreed upon in writing by the parties, such as � � L 12 painting and .,thee° cosmetic treatment of +ail. FF 13 fac3 lities and bui ial of piped inez and utilities. 14 12. Huntington shall consul; with and seek the advice � 15, of the plaintiff prior to instituting construction of the Bluff 1£ :,Area. Improvements, and shall endeavor to plan and build the Bluff 17' Arrea Improvements in accordance with the wishes and views of the 18 `a plaintiff, but the ultimate decision as to the design, location 19 and order in which the Bluff Area Improvements are built shall b- F 20 1 exclusively in Huntington, provided, however, Huntington shall D 21jifirst construct the aforementioned curbs, gutters, service road 22 c control gates, and the parking facilities:. 23 13. Huntington shall charge and collect a fee for � S 24l.parking in the parking, facilities referred to in paragraph ll B C 25 hereof, consistent with fees changed for equivalent parking ie }€ facilities_ in the vicinity. Said fees shall La the property of 27 !l untin ton subject cn.ly to its obligation to account for and. Z$:lexpend same as herein stated. Huntington shall charge all its. a 29 i expenditures for construction, maintenance, repair, and operation 30 11 of the Bluff Area. ,Improvements to an account which will herein be I gg° .ref erred to as the, "Account". All fees collected fro*c the ? 2 parkinj, faeil.i.ties shall be credited the Account. At the end � y i F- ' s� of e Plch zt iPulatlon year, the hail an•'.r of vt f l {`r ar. re, aril t rf C< e; posted to the Account f'rCM the :fate of th'lz t tipula.ti�.n 3 determined. If there is a net credit balance in tho Account as 4 of the end of any stipulation year duzing the term ;f thi a 1' stipulation, the amount of same shell be expended in the next 6 �' stipul.atlin year for the construction, operation, maintenance 7 and repair of the "Bluff Area Improvements" in the manner 8 h described in r paragraph 11 hereof, provided, however, any net , y 9 y; credit balance existing uNon the termination of thi `, stipulation 30 ; shall be disposed of by this court aL par, of the final. jaa,d;ment it 11 s in this action. The rect,rds of Huntington respecting f;ne Account � 12 EM1 shall be available for inspection b,* plaintiff at any reas:�nab;.e f � � 13 ,, tire an-J place. � 14 14, Regardless of the . utcome of this actt--*n, nei' her 10 party sh:411 have or, rake any claim_ a -: w n t the c:,,ther part] for t 1.6 recov,-ry, refund or rwimbarsem-nt c`-,f �,,r icn aFcoount of ex2 e di ,ores; + made, 123CErrNs3, C;Z' fPf' wt��n;'fL 7Jur- 18 .-uant to the peovi ziono of this- ." t. 'ulat i,,in, and ; eith, r party 19 f hallbe oblzt-atec4 tc, rer^,�ve aziy of tie im rcvei.enty. °eferred to 20 in this stipulatl.,)o. -7 21 DATED this da:, ,: f 1 >71. 22 .. a i�iuniciz`al rYy� f." 4 25+...—.W.w.J'4.+Lw s71 ._. AttCat Is > 4 f r r' °� it i ff ` of Hu t lnii t -:�tn ?ik""i a�tu�, � aa�hr:sm'da�tie��aliC .ti�a�r;n.:� Ass' Tj .T UTTER _ x r,. '.. 2 2 2T sue., t ZO a 'as WPM- - v yy�/aiYgM qtA^n.asn. w'�R'}k .x .e ..e.: ...._� .. a, x.ta.Ka. etrv.�ra+...n,�+cbw x+.rca'MW+i+i...+crzw:.;c�vgw3+tt.. '.a. cw,.:t... wn<r. x�4.ss.=zar rr. a., .-.: �+. .+c'Nit.a yam .+e--..-r.♦ _.-,•..vrr-srx+aa+ti.-. unwr., t+r.vv�ra+m. rvv:..: a .a-. vnhx spa+. rn+vs+x �'+�+d++K��+r+w-:v+ R c+wrwvur' � C 0 Z / 3 a � +x+tf+ava w. +k^ v'si�r :'wM�+.�wm ,n n.+�, .,E+.m.+w-+r «..r�+r ....a.,• � u ^�+tYa^�r �y x=x.-.. *.wa. � ..a+..,+.v« >+srw.. �.w.w+-+rs <.,+.�.� . .-�+^.a... - wv+w..rm vnt=aa.�a+t'ai' Y� +fFxav 'ar_ rrn.-.+vw.w ..o..t.<.. ..:,.L .r.. +.,,..�.+.r.�•a..Kw r..n+rtreyy,y`uh`*s'� wwwea+�..iMee.-ay}.gni: vwwG w r ^ 'u. t a4+.1c4"Y. 5'<evp �Y4 .sue.' nur. ri" � � suds � ' •. vnc 4y .. <'~ N :wc. ,�q :-}..-� -..+rw:tu++.f-aa..iavMv+rvv. w:•.f..a^e�F�wtiyr. z �..�..�a.. � a.->ar,. t `f•� .+ e;Fyn »'�`k;x � � t 1 � ,,,}' (t r yam,}} fY� � W^{y��, '�Tnt '�1�♦r fF ('{���' �'y�r= y�.yw.ry�7 'yjY7�{�i�� I��}�� �1ef",'^ � � yyY� Jr i 0 1I. M3^ �3 �✓) s�'L�'n "J 1 •�1.� - „ .. p��99 �'':�[.'- '.72�'J' .�.5MIHS R +..�24HY3. , Lu A J ' 4 .......... . . . . . . . . I fi s q 'x V �S w.V 4 0 PS 47 T r y j �~ �° ! �. ,+..� 'Aiw 1'F• � �i,f � �� � y,n.� .Ny. +Vr n+. *a'4: i� Yx Y m.� t �A "!a�'w yy�, �. � 3„,.:`_ }y,� r+sc.r,w<,w3sys.-...a-.nGc�_tisw+,•.w �,�,+cxroa+a�+w. <+«. ..-.axh'.,Kv�*w,.-...k _., - -�.w� '.!��+m.am.-,4.,..s.:t»+...a.raw+.ywry..vr.+r..,t-»oix«.'s,w.,....,+,re.-.,+..,:.�.+mP»:- W kc i • { 4 !7fi/: ' - IS .r. � n:: V :.._ �4xp"�M^'"•onw...s- �� )) �^/� t �� I 4 �re4 yWyk•. `itr.•w-w 3r... avae-s.'fa.ahs::i .z 3Ws. W:L'�• ... zq .mot .w�«. , - .. , i a.�vi...rn-. .0 w-au.s m•...xr -.a .-+M rn�'+e..r xr=a-+�.+,yr ats. Wt K.:iv� .,fMnt++atw !n �4=m:..`. n _a a - ,,�„Tc '.uw.-w r�9✓ aw ++w ar�... w .r ...a uw+rs r..sw -r.... s.r rY�� .savr y.��r .wJ. ..,.+.a• _.,u .,.+.n�+ -+rn +�m..r. �•aN�r wur. ..w'-�. ++r c..w+. rr.w.0 �+a+nw w�.+a n�:�w. s s 1+ua. ^Vy` 4.�m9{ -a/f - .. � • t ^ . :+.a�Vx`Y bmaMrmu-w. ter«: p.,,.q.yy. rti� .a"eYu..narckr..a'u,.�C•:x.ss++.a.ma.�""•ar•uau"„�,a. i „x +I...a.Wnt+»'.'+."^'.M+wnWFwv <. yy..+.w,.•I.uxr.r.c.-. A '" zane, aavty �rFu:n•,-r-rue>gpc a.�nw��: svw e�-ns8a MT1%-r1T'C;1jrON UVAI UO e'ax xF®122!'Yi�i �,C June g, 1970 r ; i LIFEGUARD AND BEACH MAINTENANCE SERVICE AGREEMENT Honorable Mayor and Members of the City Council,] City of Huntington Beach] Huntington Beach, California �7 { Gentlemen: The existing agreement between the Cit•and Huntington Pacific Corporation for the: provision of lifeguard and maintenance service to Huntington Pacific's beach properties will expire on June 30, 1970. In our annual renewals of this agreement we negotiate the amount to be paid the. City for the ensuing year and then the renewal agreement is submitted for Council approval. We are presently seeking, via the City Admi.nistrato , to establish such costs for next year and would hope that t'hu renewal agreement will be before you at your June 15, 1970 regular Council meeting. We, accordingly, hereby request that there be placed ., the Council's agenda for the June 15, 1970 meeting this matter of renewal of such lifeguard and beach maintenance services agreement so that it may be timely considered by the Council prior to the present June 30, 1970 expiration date. f>� a ��ra;�e,xXA t?cxxauw-r_rizYexvt: x��s.x..cxt►ze �z-et�rez 'f September S, 1969 City of Huntington Beach P . 0. Bost 190 x , Huntington Beach, California 92645.-' Attention: Mr. Paul C. :tones, City Clerk Gentlemen: Enclosed herewith is the original executed copy of the agreement between the Huntington Pacific Corporation and the City, of Huntington Beach regarding lifeguard and beach maintenance services on the unimproved lands of Huntington Pacific Corporation, covering the period from July 1, 1969, until June 30, 1970, Yours very truly, W . A. WRFN :Asst. to the Vice President EJA6J/mb .Enclosure (s lluntington Pacific Corporation 21.10 Main Street Ewtington Reach, gal ifornio LO Attenti,ow * Bill Wren. Deer Mr. Wren a -Oitp Council of Huntington leach, at its regular meeting helot August 41969, approved the aagrewent for lifeguard services and each maintenance with Huntington ,cific Enclosed herewith are two copies of the agreement for e«- ecution by Huntington pacific Corporation 'pan execution, please return the CA iginaal Copy to gay office* Sincerely yours, Paul C. jono ity Clerk t S Item N-1 on the agenda is a letter from the Huntington. x Pacific Corporation,, signed by Mr. W. E. Foster, discussing renewal of our annual_ agreement coveving lifeguard and maintenance service north of the pier. Inasmuch as this area is involved in pending litigation, it is my suggestion that the matter be discussed with the City Attorney, Director of Harbors and Beaches and the Administrator in executive session. 1 r f city," dminstrator DM : biro lti y _j r . d' :axwi✓ v� .. 0 F OFFICE MEMORANDUM ` "a Date July 22, ?1969 P; To i'•ir. Brander A. Castle, Asst. Admin. , From Vincent G. Moorhouse, Director i In Re Beach Cleaning and Lifeguard Harbors, Beaches, & Development Agreement - Huntington Beach t Company I am submitting for the City Council's approval, the annual agreement between the Huntington Beach Company znd.the City of Huntington Beach for services rendered by the city to the corporation on certain beach properties located within the city. :x The contract form is the same as that used last year with the exception of Paragraph 2, Page 2 that establishes level of service by mutual•, agreement and the establishment of Exhibit A that gives the breakdown of cost and services. x { As soon as the attorney's office approves the agreement, I would recommend that the council authorize the Mayor and the City Clerk to execute said agreement. Sincerely, Vincent G. Moor_zouse, Director Harbors, Beaches, b Development VGM/pr Enclosures: Agreement between Huntington Beach Co. and City of Buntington Beach Exhibit A ., ,,• _, • ,. a �,,. 2110 :dA1IlY $�'I3EE'P-PFIOh'E Y.E:i".I1VG20ti Q3-Ei5B1. ��, �EQTIWT%I�dr'S'®10T $��ACI$, �iALH&'�HilOi�t� E �.k July 31, 196$ LIFEGUARD AND BEACH t 9 MAINTENANCE CONTRACT -Kr. Paul C. Jones 'w City Clerk t City of Huntington Beach P . 0. Box 1; 4 .` Huntington Beach, California Dear Mr. Jones: Enclosed herewith are six copies of the approved lifeguard and beach maintenance services agreement executed by the Huntington Pacific Corporation. It should be noted in paragraph 2 of said agreement that it is mutually agreed between Huntington Pacific Corporation and the City of Huntington Beach that the standards of service are to substantially conform to that which were negotiated and which are outlined in the attached exhibit. Yours very truly, D. FROCGA: Vice President JDF/mb`;` Enclosures' +1 r' j ��,air• City of Huntington Beach .f City Hal 1 t Hunt ington Leach, California r ; .Attention: Mir.. Doyle Miller, City Administrator Gentlemen: Sm Enclosed are four copies of agreement between Huntington Pacific Corporation and the City of Huntingtoi? Beach covering the payment f for certain beach maintenance and lifeguard services for the one L year period beginning duly 1, 1967. The enclosed have been executed by Huntington Facific Corporation and fire now submit them for execution by the City of Huntington Beach. Ue suggest that upon their execution, you return one copy for our files. the payment schedule incorporated in the subject agreement is consistent wAh the cost; .figures developed by Mr. Moorhouse in his letter addressed to you under bate of June 26, 1967. The quarterly payments have been calculated upon the same ratio that prevailed in our previous agreements. They are Consistent iith our discussions today with Y.r. Castle. Ife also enclose our check in the amount of 9,183.00 for lifeguard and beach maintenance for the period comr,.encing July 1, 1967. 6 nVN'rINC'--rO'-.q IpAuylnu clim1ponAwI01V UXTINWIL NUIrON UI&Aun. CAMIFOP-NrhV June 30, 1965 CITY PPRO.VtD 13Y 14r. Paul C. Jones 41�1 C'. r I City Clerk City of Huntington Beach California Dear Sir: This is to request that the Agreement between the Huntington Pacific Corporation and the City of Huntington Beach whereby the City furnishes lifeguard services and maintains certain beach areas owned by the Huntington Pacific Corporation, which Agreement expires on June 30, 1965, be renewed under the same terms and conditions for another year effective July 1, -965 and ending June 30, 1966. Sincerely, � F* JACK'D.rROGGkTT Vice -President j df/in DIVISION II Huntington Beach Company 1964-65 Actual Peru* M.0. Cost County-209 H. Be C. - 25% Of Total Of Total Admire. 264 $13a9111.00 $29783p.try0 3-1,47�9q.00 ' 2 .si6i' pce-;;!Spin 5 8 18,633.00 3 p 3727.00 .00 41,65Y.00 Ma intenanco 264 78,632.e Club 1,526.0r., 18 903.00 Typist Clark fib 924.00 1e"i5100 231,00 TOTALSA 122 ;i..se... 4 Ct! 1. 224.Cii3 $1�.... ae, Ai:tu. Perm. Actual. � � �tt 1� J" d.� b 1r�i'� a Cost yy�g yy�� Cost d"�.yf . �r� t gyp, ��ww yy,, �y Be,� �y� Total Coll shar�r � H. i$�ZBii.F � � ^•, 5`- ., Nightman 10 2_935f._OO 264 $60441.00 $ 3i792.00 $2m638. 30 $ 20198.00 Trainees 198, 21894.00 2$9a4.00 � 6810 30 72�4,00 25 'V over � 9 t�40609.00 212 60241.00 1.0:850:00 3,255, 30 2,713,00 25 fidq. 102 2 ®:375.00 20375,00 7L1% 30 594,00 25 0 108 2,514.00 528 131,390r@ 159904.00 40771. 30 3,976.00 25 t f' 2 103 21p398.00 2 8595.00 20398.00 100 ' 4 1p 3 WG31.00 20631.00 2063i. 10 6 102 2,,375.00 29375.00 2,375.00 1.00 a 114 2.06.54.00 2 a6�54.00 2,654.00 100 10) 9 2's212.00 2:212.00j 2,2i2.00 100 12 '9 29212.00 2 * 212.00. 20212.00 1C10 1i4 2 ®491�.00 try 9491.00� 291,4y91t.2�9y, 76 q 9 20212..00 2v2.12.00. y1t00 2,21.2,00 100 Relief arl 20095.00 20095.00 10048.00 ' 50 5220 (Day) 9 20118.00 192 5 #452.00 7, 570.00 70S70.00 100 5220 (Night's 7 10723,00 1o723.00 10723.00 100 5240 40749.00 264 Ss,126.001 12,87,5 a 00 : ei363 , 30 4,29�2.00 1% M & 0 22,264*00 69679. 301 5a566a00 25 Sub*, Totatl, $490,589 00 AIR.43' su e .; . + 100276,,00 r TOTAL ff I' 9 .'•� -�lYrt-..•,.,. •.ax.na.MMheABldA18:f:AT l3iihsbkw,... n... .. ..., t of Huntington Beech alifca 0 ,rye 'Mr* James 3trachan Ifuntington Beach Company 2110 Z�alia Street; : Runtington Beach, Ca.lifomia � .M Dear «`r. Strachans a Reference Is madb to our letter dated tTune 9- 1964 re arczing, beach maintanvnce cast for i9b3--ti% Several orrors on the work sheets have bee*i pointed out and corrections have been nade on the on r*inal sheets. h,;sc aorrectiono have bean c'orrolat€ d by NraQ loxton of this oPrira_ and Lrs. '.c onalO of your o'VEice 011o rin4 is tee reviled i ;st I` cost for 1963-64 October I to Deaombcr 31 936.19 a €a r tc %arch 30 l " C t3t"i The total payment to tho I;ty,, for the swse period was If there are =y other questions rs ardlnG this please call at end- tirle6 Very truly yours a Z#Xwa .Wheeler Director oT Public Works City of HuntingtBeach onCCi4,fOmi } �. �7lw..y�:V4a 'N"^"•l sir � �•�..+� isYt �.. ✓ �'.. r., ae�d.y� for kp x'ati,kit the s k Y k9.: $ Si 11J y th s beacik t j-+a }yi �y, r ;b'134' tau -"Ittar 1: ma Able to OrLdile tl-,-if, we have riot lx-,cn Cluix ir", aw a &trutii�ll or s3+d ji3 sTha3q//ayyj u"'lt d Vr0.s4t o W,01M at O ti—r* t:ra PM7abMS ix*4`mlt; ad- Into cats aro tho aev=l 11*34Y mte .for va4h "Owd *rOc §Ya O t O tkv obeato L-ept ror 1 3 d `i Oa bench, I to pt*n r 30 r 7. tO 00-be ' 3... 579* 19f. a�ai3LQ�$ 1 to +tea. aVb 0 1,4Y0}�7-64 y Mm q Clvj w ('q * t a efrated tr 1, ' y i6ia Ar�KJ, iT 5 C+ + + +� ,g,) y ''' at v .,> to tiler aixr, c, �bp i 4a 4i'«4Sr .�� p kk n � i' lLlr, `r,.#u'a�` �. � ` �.r'w'� } i. 4..J"' , {�`� "'6T j*j ''1ri...O pOa+4j'jy±r� f •. , �I in a a Signed Oy R, W'heeter Jul* *Ol City Olork ,lypil Yf ..ii*y�llYtdy�.ky, s rd�ill�*sy1'�. DON P. BONFA CTTarroRHEY OFFICE OF CITY ATTORNEY P.O. Box 190 HUNTINGTON BEACH CALIFORNIA 92648 Huntington Pacific Corporation 2110 Main Street Huntington Beach, California Attention: Mr. J. J. Shea Gentlemen: TELEPHONE 17141 536 5261 Attached to this lettex is a statement for service: rendered by the City of Huntington Beach to the Huntington Pacific Corporation from July 1, 1970 through July 26, 1971 The property to which the services were rendered is impressed with a. public ?beach recreation easement, but the fee thereof is owned by the Huntington Pacific Corporation. The statement is tendered to you can the basis that as owner of the fee, your company cannot afford to let the bea,.h go unguarded or without maintenance. Any lawsuit for death or injury either on the beach or in adjacent waters should un- doubtedly name both the City of Huntington Beach, as holier of the public beach recreation easement, and Huntington Pacific Corporation, owner of the fee, as codefendants Please send your remittance to ter. Frank B. Argue r11?, r i • glance Director, City of Huntington reach. Very truly yours, DON P . BQNFA City Attorney By : VAN J. WHTTESID Deputy City Attorney CITY OF HUNTINGTON BEACH HAF.BORS AND BEACHES DEPARTMENT S # Recurrent Lifeguard and Beach Maintenance Cost u; Huntington Pacific Corporation'; t - s SUMMARY s Fiscal Budget 1969-70 TOTAL BEACH AREA SUMMARY: The total beach acreage from the Municipal Pier to Twelfth Street is 16.28'" F acres. The City maintains 7.61 acres and the Huntington Pacific Corporatio.:a controls 8.67 acres. Huntington Pacific Corporation has developed 3.83 pro: acres of its total acreage. This leaves a total of 4.84 acres of beach area for the use of the general public. Of the total usable beach area, the City is maintaining 61.1% of the acreage and the Huntington Pacific Corporation has the remaining 38.9%. EXHIBIT A-1 Recurrent Lifeg»ards 38.9% of $39,817 = $15,489 EXHIBIT A-2 Recurrent Lifeguards 100% _ 10,628 SUB -TOTAL $26,117 EXHI&IT B-1 Beach Maintenance 38.9% of $10,925 - 4,250 Pier to 12th St. EXHIBIT B-2 Beach Maintenance 100% = 7,561 l 12th St. to West City I; SUB -TOTAL 11,811 EXHIBIT C Building Maintenance 100% = 1,625 SUB -TOTAL 1a625 E TOTAL HLROTINGTON PACIFIC CORPORATION COST S Q y NOTE: Acreage figures obtained from the City Planning Department '�i..s . � -ffi� kaatLrrVtl��jy.a hesxss R iHl�I�� RECURRENT LIFEGUARD COST HUNTINGTON PACIFIC CORPORATION , RECURRENT LIFEGUARD SUMMARY.'4 EXHIBIT A-�'p The figures below represent the total cost of recurrent lifeguard personnel from the municipal pier west to approximately Sixteenth Street. Being that 61.1% of the area from the pier to Twelfth Street is maintained by theCr rity of Huntington Beach (re: 1938 agreement line), 61.17 of the total`.. recurrent salaries for said area has beer at,sorbed by the city.d STATION MAN DAYS COST LOCATION Area Il 279 $ 8,191 Unit Patrol. West Side of Pier 5220 86 2,525 Unit Patrol (summer only) 0 123 3,611 Zero on the pier 2 122 3,58Z 125' west of pier" 4 122 3,582 6th Street 6 120 3,582 Between 8th & 9th Street 8 118 3,464 10th Street 10 103 3,021, Between lYh d 1411 Streets 12 110 3,227 Between 1641 G 171 Streets Relief 87 2,554 West side of pier Section 11 86 2,525 Night patrol west side of pier TOTAL $39,817 City Cost 61.1% - 24,328 Sub -Total Huntington Pacific Corporation (38.9'7) $ 15,489 EXHIBIT A-2 The figures below represent the total cost of recurrent personnel from Sixteenth Street to the westerly city limits. This area (re: 1938 agreement Line) is solely owned by the Huntington Pacific Corporation. NOTE: Exhibits A-1 and A-2 delete any permanent personnel, administration, vehicle, and station maintenance cost. 14 90 $ 2,642 23rd Street 16 136 3,993 Signal Oil S Gas Entrance 18 136 3,993 20D yar- i, south of city limit Sub -iota? $10,628 TOTAL Huntington Pacific Corporation $26r 117 CO " BEACH MAINTENANCE COST PIER TO TWELFTH STREET # < a EXHIBIT B-1 The figures below show the total cost of beach maintenance from the to Twelfth Street. 61.1% of the total cost is absorbed by the city. The } remaining 38.9% should be absorbed by the Huntington Pacific Corporation. " 1. Beach Raking' a -a. Tractor 415 hrs. @ $5.00 per hr. - $2,075 b. Rake 415 " @ 1.00 " " _ 415 x c. Operator 415 " @ 3.64 " " = 1,510 u $ 4,000 f ti 2. Trash Pick-up a. Truck 458 hrs. @ $4.00 per hr. - Ir832 i b. Labor 1,050 " @ 2.75 " " _ ,887 2 4,719 3. Miscellaneous Handwork a.Labor 215 hrs. @ 2.75 per hour = 591 x 's 591 4. Power Broom a. Pick-up Truck 170 hrs. @ $1.50 per hr. - 255 b. Power Broom 170 hrs. @ 4.50 " " - 765 c. Labor 170 " @ 3.50 595 1,615 f TOTAL 10,925 TOTAL Beach Maintenance $ 10,925 City Cost 61.17. 6,675 ' TOTAL Huntington Pacific Corporation Cost (38,97) $ 4,250 BEACH MAINTENANCE TWELFTH STREET TO WEST CITY LIMIT } m EXHIBIT B-2 The following is based on maintaining the beach three days per week for the months of June, July, and August; two days per week for the months of April, May, and September; and two days per month for the months of January, Febru- ary, March, Oct2ber, November, and December.• I. :Beach Raking a. Tractor 170hrs. @ $5.00 per hr. _ $ 850`y, 4} b. Rake 170 " @ 1.00 „ ¢r 170 c. Operator 170 " @ 3.64 " " - 618 $ 1,638 2. Trash Pick-up a. Truck 308 hrs. @ $4.00 per hr. = 1,232`, b. Labor 616 " @ 2.75 = 1,694 2,926 3. Miscellaneous band Work a. Labor 1,010 hrs. 2.75 per hr. = 2,777 2,777 4. Disposing of Dead Animals 220 220 TOTAL Huntington Pacific Corporation Cost $ 7,561 BUILDING MAINTENANCE EXHIBIT C The following costs rpfiect the maintenance and repair cost to the Sixth Street restroom wi:at. is Located on the Huntington Pacific Corporation property. r 1. Building Maintenance a. Labor 500 hrs @ 2.75 per hr. _ 1,375 by Supplies 150 c. Repair 100 TOTAL Huntington Pacific Corporation Cost $ 1,625 A G R E E M E N T THIS AGREEMENT, made and entered into by and between the HUNTINGTON PACIFIC CORPORATION, a California corporation, herein- after called "Company," and the JITY OF HUNTINGTON BEACH, a munici- pal corporation, hereinafter called "City", W I T N E S S E T H WHEREAS, Company is the owner of certain beach property situated on i coastline of City; and Company plans to develop said property into public and pri- vate recreational areas, where many and various persons will cone for relaxation and surf swimming; and It is the desire of both City and Company that the un- improved area of the beach and that portion of the old Pacific Electric Railway right-of-way near the highway excluding that portion of said area which is an improved parking area be cleaned of debris and that an ample and efficient lifeguard service be provided in such area; and City has an existing beach maintenance and lifeguard staff and is in a position to maintain and patrol all of said area, and. It is in the public interests of the City of Huntington Reach that City maintain lifeguard services and maintenance on the above described beach area, NOW, THEREFORE, it is agreed oetween.said Company and City as follows: 1. City will provide lifeguard and maintenance services on the unimproved area of the beach within the following described area owned by Company: The strip of land lying between Pacific Ocean to the bluff, lying between Main Street and the easterly limits of the Bolsa Chica State Park to the City of Huntington Beach, Orange County, State of California. 2. The City agrees to provide cleanup and lifeguard services within the above-d—cribed area beginning July 1, 1969 and ending June 30, 1970 by mutual ,greement between the city and the Company as outlined in Exhibit A. X 3. In consideration of these s�._vices, Company will pay to the City the following amounts in advance at the beginning of each quar- ter below designated: LIFEGUARD SERVICES Judy I to September 30, 19�-'9 $ 6,529.00 October 1 to December 31, 1969 6,529.00 January 1 to March 31, 1970 6,529.00 April I to June 30, 1970 6.530.00 $26,117.00 BEACH MAINTENANCE July 1 to September 30, 1969 $ 3,359.00 October 1 to December 31, 1969 3,359.00 January 1 to Match 30, 1970 3,359.00 April 1 to June 30, 1970 3,359.00 $13,436.00 2 r . Vt M COMPANY, or city may 90 clays in advance of any quarterly period set out above, by written notice to the other, cancel either the lifeguard service or the beach cleanup service or both for that particular quarter and/or any subsequent quarter or for the remainder of the term of this Agreement. 4. COMPANY hereby designates Mr. W. A. Wren as its Liaisont for purposes of administration of this Agreement. CITY hereby designates the Director of Harbors and Beaches of the, CITY as its Liaison Officer. 5. it is expressly understood and agreed that the ser- vices agreed to be furnished by the CITY shall be under the sole and exclusive direction of the CITY, subject however to the right of COMPANY to approve the standards of service as provided in Paragraph 2 of this agreement. IN 14ITNESS WEREOF, COMPANY has caused this Agreement to be executed by a du1y authorized officer, and CITY has caused the Agreement to be executed by its Mayor, and attested by its Clerk, on the date set forth opposite their respective signatures. CITY OF 14UNTINGTOX BEACH, A Municipal Corporation, I-Mayo�-;a � ATTEST: city r HUNTINGTON PACIFIC CORPORATION, A California corporation By. 2:0140'0� 2, Vice President By, Assistant Secretary Date: e�r Date: G ,5--Zf Date: c " "� Date:— j-1 V 00 ORIGINAL COPY for Master File AST BE RETURNED TO CITY CLERK AGREEMENT THIS AGREEMENT, made and entered into by and between the HUNTINGTON PACIFIC CORPORATION, a California corporation, herein- after called "Company, " and the CITY OF HUNTINGTON BEACH, a munic- pal corporation, hereinafter called "City," W I T N E S S E T H WHEREAS, Company is, the owner of certain beach property situated on the coastline of City; and Company plans to develop said property into public and pri- vate_recreational. areas, where many and various persons will come for relaxation and surf swimming; and It is the desire of both City and. Com.any that the un- improved area of the beach and that portion of the old Pacific Electric Railway right-of-way near the highway excluding that portion of said area which is an improved parking area be cleaned of debris and that an ample and efficient lifeguard service be provided in such area; and City has an existing beach m�_intenance and lifeguard staff and is in a position to maintain and patrol all of said area, and It is in the public interests of the City of Huntington Beach that City maintain lifeguard services and maintenance on the I above described beach area, NOW, THEREFORE, it is agreed between. said Company and City _ h � IN 41 as follows: 1. City will provide life and maintenance services on the unimproved area of the be tin the following described area owned by Company: The strip of laz •Tet n Pacific Ocean to the blu _, etween Main Street and the easte. .y limits of the Bolsa Chica State Park in the City of Huntington Beach, Orange County, State of California. 2. City agrees to provide cleanup and lifeguard service with- in the above -described area for one year beginning July 1, 1968, and x, ending June 30, 1969, at standard or equivalent to that maintained on the municipal beach adjoining the above -described area to the east, 3. In consideration of these services, Company will pay to the City the following amounts in advance at the beginning of each quar- ter below designated: LIFEGUARD SERVICES July 1 to September 30, 1968 $ 5,365.75 October 1 to December 31, 1968 5,365.75 January 1 to March 31, 1969 5,365.75 April 1 to June 30, 1969 5 365.75 .21, 3.05 TOTAL BEACH 14AINTENANCE July 1 to September 30, 1968 $ 3,530.75 October 1 to December 31, 1968 3,530.75 January 1 to March 30, 1969 3,530.75 April 1 to June 30,, 1969 3 $14,123.00 TOTAL COMPANY, or CITY may 90 days in advance of any quarterly } period set out above, by written notice to the other, cancel either the lifeguard service or the beach cleanup service or both for that particular quarter and/or any subsequent quarter or for the remainder of the term of this Agreement. ,v.., 4. COMPANY hereby designates Mr. Tile A. Wren as its Liaison, for purposes of administration of this Agreement. CITY hereby designates the Director of Harbors and Beaches of the CITY as its Liaison Officer. 5. It is expressly understood and agreed that the ser- .. vices agreed to be furnished by the CITY shall be under the sole a and exclu:aive direction of the CITY, subject however to the right of COMPANY to approve the standards of service as provided in Paragraph 2 of this Agreement. Liz IN FITNESS WHEREOF, COMPANY has caused this Agreement to be executed by a duly authorized officer, and CITY has caused the Agreement to be executed by its Mayor, and attested by its Clerk, on the date set forth opposite their respective signatures. CITY OF HWTINGTON BEACH, A Municipal, corporation, T. City- erk HU TINGTON PACIFIC CORPORATION;, A California corporation, By Viet Ies By ' Cr � %- As-s—Istaff Sedpetary APPROVED AS TO FORM: Cz .y Actor e Dater Date ✓� �`� Date Date. AUG 11968 s (40 ORIGINAL COPY for Master File MUST BE RETURNED TO CITY CLERK aG1Ma2NT 11IS AGR,WIRMT, made and entered into by and between the HUNTING TON PACIAFIC CORPORUTION, a California corporation, hereinafter referred to as "CW-4NV and the CITY Or ETRITITIGTON FF-Wff, a municipal corporation, hereinafter referred to as tTZTTO, W I T N ,SSETH: I-HMV4Z, I-114sY is the owner of certain beach property situated on F the coastline of the GIT : and TTJW, AS, C MPANTY plans to develop said property into public and private a�> recreational areas, where many and various persons Ttr`a�11 come for relaxation and t surf swimming; and -,'A PYA, S, it is the desire of both CITY and CC�x�'Akff that all of said property be properly maintained axed patrolled by an ample and efficient lifeguard service; and }.' M- W, CITY has an existing beach maintenance and lifeguard staff and is in a position to ITfa4tnta. n and - atrol all Of said area in a vrcich more efficient and economical manner than to have t;;o sejarate maintenance and lifeguard services'. i )W TN��C;� ,, it i,s atTeed between said C'�rN?IANY and CITY as follows: 1. (a)The CITY shall provide =ple and sufficient lifeguard services within the following described area.: The beach strip, irom the Pa.ciz,fi,c Ocean to the bluff, 17ing between Xa;� Street and the westerly city livits (also the easterly limiU of the Pexlsa Chi,ca State Pate,) an the Qity of Huntington °eac^, Orange County, Mate of Cal i"a, (b) This CIT ov de ample and sufficient maintenance services vithim the follow area; 91 aaas�cne The beech strip, from the Pacific Oeean to the bluff, lying between Main Street and 12th Street in the City of Huntington Reach, grange County, State of California, excluding that portion of the beach strip y&ich lies within Parcels 1, 2 and 3 on that certain map recorded in Rook 8, Page 39 of Parcel Maps, in the office of the County Recorder, Orange County, California, 2. GI`IT agrees to provide full and complete maintenance and lifeguard y service within the above described a ea for one year beginning July 1, 1967 and ending June 30, 1968, at the equivalent standard as maintained on the municipal a beach adjoining the above described area to the east.-'" 3. In consideration of these services, CgP9PAlY will pay to the CITY the following amounts in adrre4ce at the beginning of each quarter below designated: �a L FEGUARD SERVICES Ju;.y 1, to September 30, 1967 vti 6,873.00 October 1, to December 31, 1967 6,873.00 January 1, to March 31, 1968 3, 40.50 April 1, to June 30, 196832 540.50 Total 4J20, 627 woo RPACH MI'NTEVIANCP, lst Quarter July 1:, 1967 to September 30, 1967 2,310.0^ 2nd Quar it October 1, 1967 to December 31, 1967 453.00 3rd Quarter January 1, 1968 to 24.arch 31, 1968 408.00 th Quarter April 1, 1968 to June 30, 1968 1.,359.00 Total 4�4,530.00 COMPAIT, or CITY may 90 days in advance of any quarterly period se% l out above, by written notice to the other, cancel either the lifeguard service or the beach maintenance service or both for that particular quarter and/or any subsequent quarter cr for the remainder of the term of this Agreement, if either party so elects. 4. COMPVTf hereby designates Air. J. F. Strachaa as its I;a.i.son �A officer, for purposes of administration of this Agreement. CITY hereby designates the Chief TAfegaard of the City as its Lalson Officer. 1-N K. It is expressly understood and agreed twat the services agreed to be. furnished by the CITY shall be under the sole and exclusive direction of the CITY, subject ho-emver to the right of COMP E to approve the standards of service as provided in Paragraph 2 of this Agreement. IN �ET.NMSS Wh-MMF, CONPAIdY has caused this Agreement to be executed by a duly authorized officer, and CITY has caused this Agreement to be executed by its Mayor, and attested by its Clerk, on the date set forth opposite their r spective signatures. CITY OF NdTl ilgG?'Ci?'1 -22"'Gli, a Municipal corporation, Qfi " /�/, V 7-1 Mayor PRo T ATTEST. city C k HUNTINGTON PACIFIC CORPORATION', a California corporation, /yTc- Assistant Secretary ..r Date: '` Date:-. F �`--�— C Pates z Date. AGREEMENT Q?je THIS AGREEMENT, made and entered Into by and between the MUhTINGTON PA�'IRIC C6RIURATIGN, a California corporation, hereinafter referred to as "COMPANY" and the CITY OF HUNTIN(GrTON BEACH, a municipal corporation, hereinafter referred to as "CITY", I W I T N E S S E T H: WHEREAS, COMPANY Is the o-vmer of certain beach property situated on the coastline of the CITY; and WHEREAS, CO1MPA1qY plans to develop said property Into public and private recreational areas, where many and various per- sons will come for relaxation am surf swimming; and WHMEAS, it is the desire of both CITY and CUE.PANY that all of said proprty be properly maintained and patrolled by an aawle and efficient lifeguard service; and WHEMAS, CITY has an existing beach maintenance and life- guard staff and is in a position to maintain and patrol all of Ball area in a mv.ch more efficient and economical manner than to have two separate maintenance �4nd lifers u8rd services, NOW THEHBF0aE, It Is agret_d betl..Jeen said COPIPANY end -131TY as follows: 1, (a) The ;,STY shall provide ample and suflPicient lifeguard services within the following described area: The beach strip, from the Paeific Ocean to the bluff, lying between Main Street and the westerly city limits (also the easterly liw.its of the Bolea 'hica State Pirk) In the City of Huntin,�-ton Beach, Orange County, State of \California, (b) The CITY shall provide ample and sufficient ,maintenance services within the followinE..,- described area: 0 The beach strip, from the Pacific Ocean to the bluff, lying between gain Street end 12th Street in the City- of Huntington Beach, CraW-e County, State of Cal -forma. 2. CITY agrees to provide full and complete maintenance axiad lifeguard service within the above described area for one Year beginning July 1., 1966 and ending J`Lule 30, 1967, at the equivalent standard as 2aintained on the municipal beach adjoin- ing the above described area to the east. 39 In consideration of these servi ;es, CONFANY will pay to the CITY thr. following amounts in advance et the beginning of eac] quzi,te h below desigmated; 11URE-GU BD ;SERVICES 17:'� .aly 1, 19�6 to September 30, 196/. to"10,144.00 titc;cr� 1, 196 to December 31,19 10,144.00 inuary 1,194elto March 31, M5,2Q5.00 ri1 1, 195,Eto June 30, 1 Total 430,698 oo Jjj BEACH MAINTENANCE j Lr b 1st Quarter duly 1, 19C3,r to September 30,196Y ?, 076 20 Quarter October 1.,19W4to December 31.1�6 1,400.82 rd Quarter' January 1, 19 to March 31, 19� ? 1,223.61 t uarter April. 1, 1960- to June 30 196fir l_ �-'1 186.97 Total 1.3,88?.60 f CONPAVY, or CITY may 90 days In advance of any quarterly period set out above, by written notice to the other, cancel, either the lifeguard service or the beach maintenance service or both for that particular quarter and/or any subsequent quarter or for the remainder of the term of this Agreement if either party so elects, 4. COMPANY hereby designates Mr. J. F. i trachan as its Laison Officer, for purposes of administration of this Agreement CITY hereby designates the Chief Lifeguard of the City as its Laisoll Off leer. 5- It is expressly understood and agreed that the ser- vices agreed to be furnished by the CITY shall be under the sole and exclusive direction of the CITY, subject however to the right of COMPANY to approve the standards of service as provided in Paragraph 2 of this Agreement. IN WITNESS NH-E-iEOr, COMPANY has caused this Agreement to be executed by a duly authorized officer, and CITY has caused this ty;, Agreement to be executed by its Mayor, and attested by its Clerk, on the date set forth op�.osite their respective signatures. CITY OF HUNTINGTON BEACH, a municipal corporation, u; Date ram_ rt Mayor A11T Da to Cityerk HUNTINGTON PACIFIC COHECHA:?'ICN, a Calif' n a c r-=orat on By! Date: c�c- /r,_ //(p •' Ice- re9ident ✓' By Date: sistant Secre arm'-" r AGREEMENT ftp7 THIS AGREEMENT, made and entered into by and between. the HUNTINGTON PACIFIC CORPORATION, a California corporation, herein- after referred to as "COMPANY" and the CITY OF HUNTINGTON BEACH, a municipal corporatJon, hereinafter referred to as "CITY", W I T N E S S E T Ht WHEREAS, COMPANY is the owner of certain beach property situated on the coastline of the CITY; and WHEREAS, COMPANY plans to devc-lop said property into public and prIvete recreational areas, where Luny and various persons will come for relaxation and surf swimming; and WHEREAS, it is the desire cf both CITY and COMPANY that all of said property be properly maintained and patrolled by an ample and efficient lifeguard service; and WHEREAS, CITY has an existing beach maintenance and life- guard staff and is in a position to maintain and. patrol all of said, area in a much more efficient and economical ma=er than to have two separate maintenar-,ce and lifeguard services. NOW 101TEREFOiB, it is agreed between said C%*ANY -nnd C'ITY, as follows: 1. (a) The CITY shall provide ample and sufficient life. guard services within the following described area: The beach strip, from the Pacific Ocean to the bluff, lying betwean Mein Street and the westerly city limits (also the easterly limits of the Balsa Chica State Parkin the City of Huntington Beach, Orange County, State of California; (b) The CITY ehall provide ample and suffiolent mainten- 6nae services within the follo%-.ring desqribed area: . . . . . . . . . . . 5 "r- The beach strip, from the Pacific Ocean to the bluff, lying between Main Street and 12th Street in the City of Huntington Beach, Orange 4P County, State of California 2. CITY agrees to provide full and complete maintenance and lifeguard service within the above described area for one year beginning July 1, 1965 and ending June 30, 1966, at the equivalent standard as maintained on the municipal beach adjoin- ing the above described area to the east. 3- In consideration of these services, COMPANY will pay to the CITY the following amounts in advance at the beginning of each quarter below designated; LIFEGUARD SERVICES a." July 1, 1965 to September 30,1965: $10,144.00 October 1, 1965 6oDecember 31,1065: 10,144.00 January 1 196XIto March 31,196)(- ji7d 5, 205. 00 - 6/5(to June 30, -& 5,205-00 -Ps-r— April 1 i9 196X of Total, $30,698.00 BEACH MAINTENANCE July 1, 1965 to September 30,1965: $ 6,128.87 October 1, -1.965,,,to December 31,1965' 1,118-32 January 'Ii9196,0;�6o March 31, ?6f-- 1 1 , 2? 8. 9 8 - P--XK- 4 17 344 April 1 6 to June 30, 1960 ,1.02 6 1;0 Total 441,967.19 CO'PANY, or CITY may, 90 days In advance of any quarterly period set out above, by written notice to the other, cancel either the lifeguard service or the beach maintenance service or both for that particular quarter and/or any subsequent quarter or for the remainder of the term of this Agreement, If either party so elects. COMPANY hereby designates Mr. J. F. Strachan as its Loison Officer, for purposes of administration of 'this Agreement. CITY hereby designates the Chief Lifeguard of the City `as its Officer. I '4 f je It is expressly understood and agreed that the ser- vices agreed to be furnished by the CITY shall be under the sole r and exclusive direction of the CITY, subject however to 'the right g of COMPANY to approve the standards of service as provided in Paragraph 2 of this Agreement. IN WITNESS WHEREOF, COKFANY has caused this Agreement 'to be executed by a duly authorized officer, and CITY has caused this Agreement to to executed by its Mayor, and attested by its Clerk, on the date set forth opposite their respective signatures. ATTEST: ._ City -r CITY OF HUNTINGTON BEACH, a municipal corporation Mayor HUNTINGTON PACIFIC CORI FORATION a California corporation By / is r silent w By r Assistant Secrete AF�PROVED AS TQ ,�(014 s ' A ES Dv >LU1TKET In CITY CLERKrS AGMaMNT THIS AGREDJE IT, made and entered into by and between the HUNTINGTON PACIFIC CORPORATION, a California corporation, hereinafter referred to as "COMPANY" and the CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter referred to as "CITY", W I T N 8 S S E T H: WHEREAS, COMPANY is the owner of certain beach property situated on the coastline of the CITY: and WHEREAS, COMPANY plans to develop said property into public and private recreational areas, where many and various persons will come for relaxation and surf swimming; and `+ �i- 4 yR WHEREAS, it is the desire of both CITY and COMPANY that all of said t` property be properly maintained and patrolled by an ample and efficient lifeguard service; and TMER.EAS, CITY has an existing beach maintenance and lifeguard staff and is in a position to maintain and patrol all of said area in a much more efficient and economical manner than to have two separate maintenance and lifeguard services. NOW THEREFORE, it is agreed between said COMPANY and CITY, as follows: I 1. (a) The CITY --hall provide ample and 3•,ffirtient lifeguard services within the following described area. The beach strip, from. the Pacific Ocean to the bluff, lying between Main Street and the westerly city limits (also the easterly limits of the Bolsa Chica State ParI) in the City of Huntington Beach, Orange County, State of California (b) The CITY shall provide ample and sufficient maintenance services within following described area The Leach strip, from the Pacific Ocean to the bluff, lying between Main Street and 12th Street in the City of Huntington Peach, Orange County, Mate of California. 2, CITY agrees to provide full and complete maintenance and lifeguard service within the above described area for one year beginning July 1, 1964 and ending June 30, 1965 at the equivalent standard as maintained on the municipal beach adjoining the above described area to the east. 3. In consideration of these services, COEPANYtwill pay to the. CITY the following amounts in advance at the beginning of each quarter below designated; LIFEGOARD SERVICES July 1, 1964 to September 30, 1964: $10,144.00 October 1, 1964 to December 31, 1964: 10,144,00 January 1, 1965 to March 31, 1965: 5,205.00 April 1, 1965 to June 30, 1965: 5,205-00 Total $30,698.00 BEACH MAIN,iEALAINCE July 1, 1964 to September 30, 1964: $ 5,994.04 October 1, 1964 to December 31, 1964 988.19 January 1, 19655,to March 31, 1965: 1,408.36 April 1, 1965 to Jene 30, 1965: 3,463.16 Total $11,853.75 COMPANY or C:.17Y may, 90 days in advance of any quarterly period set out above, by written notice to the other, cancel either the lifeguard service or the beach maintenance service or both for that particular quarter and/or any subsequent quarter or for the remainder of the term of this Agreement if .either party so elects. 4. COMPANZY hereby designates Mr. J. F. 5trachan as its Liaison 0fficer for purposes of administration of this Agreement. CITY hereby designates the Chief Uiegtaaa:d of the City as its Liaison 0 `fi.cer. It is expressly understood and agreed that the s,..vices agreed to be furniiheJ the CITY shall be under the sole and exclusive direction of the CITY, stfbje, L however to the right; of CONPAN'X to approve the standards of service as prn 1rlc;ed in Paragraph 2 of this Agreement, iy �1 1 IN WITNESS WHEREOF„ COMPANY has caused this Agreement to be executed by a duly authorized officer, and CITY has caused this Agreement to be executed by its Mayor, and attest-,;d by its Clerk, on the date set forth opposite their respective signatures. CITY OF MWINGTON BEACH, a municipal corporation. !F 1 aYOrPRO "(BEM P ATTEST, City Cleris>` ., - Pt� RMIXION PAC C CORPORAT4N a Cal c By M. "(Tice President �s By �'; is c1 i Assistant Secretary ASO AGREEMENT THIS AGREEMENT, made and entered into 'by and between the HUNTINGTON PACIFIC CORPORATION, R California P.orr,oratirr, hereir- after referrpq to as "COMPANY" and the CITY OF HUNTINGTON BEACH, a municipal corporation, he,.-einpfter referred to ris "CITY", W I T N E S SETH: IYPHEREAS, COMPANY is the owner of certain beach property situated on the coastline of the CIV_; and WHEREAS, COMPANY plans to develop said property into 'pub - lie and private recreational areas, where many and various per- sons will come for relaxation and surf swimming; and WHEREAS, It is the desire, of both CITY and COMPANY that all of said property be rroDerly maintained and patrolled by an ample and efficient lifeguard service; end WHEREAS, CITY has ar existing' 1�n-1,) maintenance and life- muard staff and Is in a position to iaintaln ard. patrol all of said area in a much more efri0ent and economical manner than to heve two separate maintenance and life _lard sp-vices- NOW THERMAE, it is ap,.-reed between said COMPANY and CITY, as follows: 1. (a) The CITY shell provide ample and sufficient life- gaard services within the following described areal, The beach strip, from the Pacific Ocean to the bluffj lying between Mair. Street and, 4., the westerly city itmi, �s (Also *he easter- 1it Itm-lts of t,!,.e poir"a 011as, State Park) Jr, %,,,he City cif Huntington Beach, Oraikge O'Cunty, State, of Cal ifornia- N The CITY shall ample and sufficient main- ton.pPce services within, the ,1'oljow:Lnv_, described area.. E, The beach stria,, from the, Pacific Oceaxa to the bluff, between Mai,a Street and 12-th StPeef, in Vie City of Huntington Beachi Grange County, State of California. 2. C` TY agre6.> to provide fall sand ccmn=.ete mairxten- ance and lifeguard x�ervioe wkthin the above described area for one year beginf-`ng Jtal,, 1, l46l ard ending Juaie '10, 19 �4 at the equivalert standard qb maintained on the municipal beach adjoining the above iescrribed area to the east, In consideration of these ser4'ices, 41OMPAa� will pay to the CITY the following amounts in advence at the begitan- }n�_ of each quarter below desi-,rnsated: rN.ti LIFEGUARD SERVICES July 1, 1963 to Sexotiember io, 14O, 10,144.00 ,. ne tobar 1, 196 to December 31, l96i - l ,144. ao Januery i, !P64 to T+larch 311 1964:r�s20�.00 April 1, 1964 10 Jair.e io, 196o,a 5 20=.00 Total$,0,6Q8.00 BFACV M=.TVFXANCE J111y 1, 196l to Sert mb} 4- , ).q63; 3 R680.49 Octob�;r 1, i961 to December 31,, l�, � � ; 1 � ?a6 M A ? January 1., 1064 to Farah 3Z µ 1064 i 1,226.83 Aprtl 1, 1964 to June ?o, io64: 680. 0 �5 Total COMPANY or CITY mays 90 dpvs in advance of any :,uaartei v period set o=at about, by written notice to the other, cancel � either the 'li fegw"rd: service or the beach maInten an;ce service or � both f'or that- particular ouarter and/or any subseauent q= a ,vt? or a 4 ;; for the ramal d4_r of the term of talis Amreeme7nt if either party. rn �lpo�s a- 4. coY4 kNy hereby dertp�nRtes A-. E. Strachnn as its Lalsa4 Officer for purposea o; adrmir.1--ration of this Agreement. CITY hereby d,esi_yea the Chief Lifeguard of the City as i.ts P, 5* It is expressly understood and agreed that the services agreed to be furnished by the CITY shall be un&er the sale and ixe?us�'ve direction of the CITY, szbject however to the right of ,'OMPANY to ar-orove the standarr._s of rervioe as pro- vided 171 Paragr-ph 2 of this A,gr"meiit IN WITNE6S WFOREGF , COMPANY has caused t3 ,.s AgrAen:en.t to be executed by duly authorized officer, and. CITY h& :-� c%lused r 1 thi..c �g�ee�rant to be executed. b- � s Mayor, and at-testpd by its Clerk, on thelate spt forth oxDrosite their mspective cignatures. � * -Y OF HTJNI° f:.GTOY BEACH, a wunicipal eorpr,ratJon.. oA . ATTEST 't 0 R110 01' ,ki4v fdTit=FM-PilolA: Y+ :O K�7COP; Li-Q1.�5LiP November V, 1971 Mr .. Don 2. Bonfa ^ity Attorney City of 11-untington Reach P , 0lBox 190 2uatington each, California 92641 Dear Sir: We are in receipt of the City's ,statement, transmitted by your office, billing, Ls in the amount of $56,300.00 for services rendered by the City on our property north of the pier. As we understand it, the City's utatement is tendered to us on the basis that we should share some responsibility for bea(:h maintenance and lifenuarding services solely on acco7int of our ownership of the fee interest. in the property exclusive of the public beach recreational easement to which the Czty asserts its claim. In the action now pending, the, City contends that it has taken from us, without compensation, a public beach recreationai aesemert and that such easement has beer, ve.ited �!n it for many years prior to the filing of the action. Now the City asks us to pay the casts or maintaining its alleged p;:blic beach recreational eastnent. We believe the City's pa;Won :n be inconsistent and untenable, The City cannot claim the Fruits -of ownership of property without accepting the costs and responsibilities which springy; therefrom. If t'te City is correct is its assertion as to the ecisrence of t;te easement, then it bas complete control c er the surfsce of t,.p property and, according%y, the have no control over the same. Sur le$al counsel has advised us that if &is is the situation, we would have no responsibility for the rendition of such service., and, consequently, should not pray the statement. This is consistent with the situation south of the pier where the Citlr has paid for such services relating to property over ohich the City clearly has a public beach recreational easement by virtue of a grant to the City of such eaF,cinent by lluntington Beach Company. Wo do wish to call your att)- Lion to the Stipulatioe for teach Operation, dated Jule 29, 1971, whereby the and t?qe City have: solved the same problem rek,atiug to the services to he rendered daring the pericd of the litigation subsequent to the date of the stipulation. The Lasts for this sttpulatioa was our nutual recognition of the f4ct that during the -a a ., ��.�;iF�4i`aitfka&:aertrNsaS#4nit&a3z,.,. .:..•..,,.,.w - s ,.,.,.,.,,,. m fir. Don P. Honia -2- November 22, 1971�'- t Ate. pendency of the litigation neither party knows for a certainty whether �• � or not there exi.;ts a public beach recreational easement in favor of the City and, cox-tsequently, an alternative soluti .)n was reached vb.l.ca we believe to be mutually advantageous to both parties. tie cannot see why the sLIrvices willed by the isty'S state!-7ent which covers the period of the litigation (beginning July 1, 1970) prior to the date ai the stipulation cannot be handled in the same marAner as the services rendered after the state of the stipulation and made a part of the stipulation. Prior to *uv receipt of the City`s statement we proposed the foregoing to the C" ty Attorley as a solution to this matter and now wish to r -�a that ` • proposal, Please advise us if you are interested in following up on our proposed. solution, Your v-,ry truly, ii" HiJMt CTON i'ACIVIC CORPORATI0N BY a a a :j f 1 .. • ' UfCtccw . 4 October 1971 � F TO: City Council � _ "` r2IC FROM: City Attorney ---- M SS,TBJECT.- Lifegaard Services On July 26, 1971, the Council directed the City Administrator ; to bill the Hunt-ngton Pacific Corporation for lifeguard and �? cleanup services rendered by the CityDity on property to which that company owns the fee, for the 1970-71 fiscal year and for that part of the current fiscal year which preceded execution of w'T the beach stipulation. The property involved is that over which the City seeks a judicial decl :ration of the existence of a public beach rec- rea`.ion easement in City of Huntington Beata v. Standard Oil C m any, etc., et al. No. 17�055, Orange County Supericr ^ x"ourt.Although we feel that the Huntington Pacific Cornor- ation. unquestionably should pay for the services we also feel that to avoid possible statements against interest in the law- suit, the City should carefully explain the basis on which the h' statement is sent. A copy is attached of the letter which we propose to accompany the statement. Since the Council's motion in the matter was directed to the Gity Administrator, the position of this office is tbAt of a volunteer. It would be appropriate for the Council to pass another motion approving the annexed transmittal letter and authoriU:_ng the City Ai torney to submit the statement. Su Bested Minute .actyonK The transmittal letter from the City Attorrey to the Huntington Pacific Corporation regarding beach mai.nte,anc? and lifeguard service, for July 1, 1970 through July 26, 1971 as approved, and the C7_ty Attorney is directed to transmit a statement for such services to the Huntington Pacific Corporation with and subject- to said transmittal letter. ;f , Respectfully submitted, t'4 DON P « BONFA City Attorney DPB:DJW:ahb CITY OF HUNTINGTON BEACH HARBORS .AND BEACHES DEPARTMENT Recurrent Lifeguard & Beach Maintenance Cost Huntington Pacific Corporation EXHIBIT Ali SUriMARY Fiscal Budget 1968-69_ TOTAL BEACH AREA SUMMARY: f The total beach, acreage from the Municipal Pier to Twelfth Street is ` 16.28 acres. The City maintains 7.61 acres and the Huntington Pacific Corporation controls 8.67 acres. 'Huntington Pacific Corporation is developing 3.83 acres of its total acreage. This Leaves a total of j 12.45 acres of 'beach area for the qse of the general public. Of the 1 total usable beach area the City is maintaining 61.1% of the acreage and the Huntington Pacific Corporation has ',Tie remaining 38.9%. NOTE: Acreage figures obtained from 'the City Planning Department. The totp,l sum of $953 has been deleted from the Miscellaneous Band Work due to the proposed parking facility being constructed. If it is the desire of the Huntington Pacific Corporation to contract, to the City for t1n, general maintenance of their new parking facility, a cost analysis will have to be computed. EXIUB1T A-1 Recurrent Lifeguards 38.9% of $31,626 = $12,303 MIIVf'T A-2 Recurrent Lifeguards 1:007 of 9?160 = Sub Total $Z1,463 EXHIBIT B-1 Beac h Maintenance 38.9% of $10,627 $ 4,153 IitT B-2. Budd ng Maintenance 100% of 1,534 = 1,534 EXHIBIT 6-3 'geach diainthnance 100% of 8,436 8�43b^ Sub 'Total $14,123: Total umtington Pacific Corporation Cost $3�5£6 .ufiwgm CITY OF HUNrINGTON BEACH HARBORS AND BEACHES DEPARTMENT +: Recurrent Lifeguard Cost Huntington Pacific Corporation n; Fiscal Budget 1968-69 Rr-CURREhT LIFEGUARD SUb-1MARY: a Eh1I1IUIT A-1 The figures below represent the total cost of recurrent lifeguard personnel>.. c from the municipal pier west to approximate) Sixteenth Street. Being that P I Y g f 61.1% of the area from the pier to Twelfth Street is maintained by '-he i city of Huntington Beach (re 1938 agreement line), 61.1% of the total = recurrent salaries for said area has been absorbed by the city." a < STATION MAN DAYS COST LOCATION m� 5220 86 S 2:525 Patrol with permanent lifeguard` O 123 3,511 Zero on the pier';'" 122 3s582 125' west of pier 4 122 3,582 6th Street ,o i2o 3,532 Between 8th & 9th Streets 8 118 3,464 loth Street 10 103 3,021.< Between 13th & l4th Strr•:ts 12 110 3,227 Between 16t.h & 17th Streets Relief 87 2,554 Area II Section 'II 86 2_,525 bight Patrol TOTAL $31,626 c=ty cost _ 19,323 Sub Total Huntington Pacific Corporation (38.9%) $12303 EMUIT A-2 The figuresµ below represent the total cost of recurrent personnel from Sixteenth Street to the westerly city l,ivits. This area (.re: 1938 agreement line) is solely owned by the Huntington Pacific Corporation. x✓ i NOTE: Exhibits A-1 and A-2 delete any permanent personnel, administration, uehiale, and station maintenance cost. 1 r,; ,go , $ 2,642 23rd Street d( +36 2,525 Signal 04-1 tfc Gas Entrance 18' 13 31993 200 yards south of city limit TOTA1. S 9„16o oil CITY OF HUNTINGTON BEACH tiA MOBS AND BEECHES DEPARTMEW Beach.Maintenanr2 Cost West Side of Pier Fiscal Budqet 1968--69 EXHIBIT B--1 The figures belr-w show the total cost oa beach main*�=nance from the pier to Twelfth Street. 61.1%, of the total .;ost is absorbed by the city. The remaining 38.9% should be absorbed by V,,e ffuntingtr^ Pacific Corporation. 1. Beach Raking a. Tra( tar 415 kiss. @ S5.0t, $2,075 b. Rake 415 hrs. @ 50 ptc ,, ,.. _ 207 c. Operator 415 hrs. @ 3.64 per hr. 1,510 $ 3,792 2. Trash. Pick-4p Page l a. Truck 458 hrs. 4.00 per hr. 1,832 b. Labor 916 hrs. C 3.14 per hr. 2,875 4,708 3. Miscellaneous Work (Hand Work) a,. One Maintenance Man 164 hrs. @ 2.88 per hr. 472 472 NOTE S953.00 has been deleted from the prior yea-r' budget clue to the proposed Parking Facility being constructed. 4. Power Broom a,. Pi.clSup Tr._rck 177 hrs. @ 1.50 p .r hr. 265 �. b, Por'Yr Bx,•oom 177 hrs. @ 4.50 per hr. 796 c. Labor 177 hrs. @ 3.64 per hr. 644 1Yj05 Sub Total $10,677 Total B*& i maintenance $10,677 city cca,61a% ` 6,524 4,153 Huntington PAdifit r-orporav eon cost 38-9% of $10,677 =$4,153 1 Page 2 II I a j Peach Maintenance Cost West Side of Pier (Cont..) R' #ti EXHIBIT B-2 In previous years the City assumed the maintcnance cost of the restroom p facility at Gth Street. The original contract spelled out the Ci.ty's » respo7sibili.3 to totally maintain that facility, and at such time the facility would be abandoned, the City was held responsible for destr'.ying,. the building and clearing up the site. I do not feel the City now has the responsibility of maintaining this building in that it is located on pri w;e property and serving the needs of the property owner and not the City. t` x %+ The figures in 2xhibit B-2 .reflect the actual expenditures expended on that facility last year by cur department. If the lessor does not desire to assume this cost, we will conform to the agreement of the contract and;. destroy the building and clean up the site. If it is the desire of the lessor to assume this annual operational cost, then I would recommend that the new agreement transfer all rights of ownership of the building from the lessee to the lessor, and from this time on, the lessor is the sole owner - of the building and will assume responsibility of all costs including the releasing of the lessee of, tho obligation to destroy the building at any future date. Building Maintenance 1. Labor 457 hrs. @ $2.88 per hr. 41,316 (Janitorial & Repair) 2. Supplies (Tissue, Dispensers, Soap, Lights, 218 Plumbing, etc.) $1,5 4 CITY OF HU.NTINGTON BEACH k ` HARBORS AND BEACHES DEPARTMENT e Beach Maintenance -+ r' Trelfth Street to ,ast City Limits r Fxhibit B-3 The following estimates zire based on maintaining the beach three days per week for the months of June, July, and August; two days per week .for the months of tz"�ta April, May, and September and two days per month for the months of January, February, March, October, Novetmber, and December. i` A. BEACH RAKING' s 1. Tractor 231 hours @ $5,00 per hour $ 1,155 2, Raise 231 hours @ .50 per hour 115 3. Operator 231 Hours 3.64 per hour 840 �$ $ 2,110 B. TRASH PICKUP: 1. Truck 308 hours @ $4.00 per hou. 1,232 2. Labor 616 hours @ 2.50 per hour 1,540 2,772 s NOTE; The above cost includes detail cleaning of debris from tf^a bluff area.. If this is not necessary, delete 8504-00 fra[a Trash. Pickup. C. MISC. HANDWORK: ' 1.... 1 Jbor 9?4 hours @ $2.42 per hour 2,236 I, NOTE4 The above cost represents cleaning of debris Prom the retaining stall to Pacific Coast Highway, starting at 12th Street and finishing at west city limits. P. JUSPOSING OF DECV;SEDANIMALS 218 Sub Total S 7,336 E. ADMINISTRATIVE OVERHEAD - ''FIFTEEN PERCENT ty200 Total_ :r