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HomeMy WebLinkAboutM.N. Young - 1943-10-20u 0 I G N AGREELIENT 41 THIS AGREEIUNT made and entered into as of this d day of October, 1943, by and BETWEEN rA « N, YOUNG, hereinafter designated as Young, A N D THE CITY OF HUNTINGTON BEACH" a municipal Corporation, hereinafter designated as CITY, WITNESSETH: WHEREAS, Young has made an application for a fee title base patent from t1fie United" States of America, for a strip of land lying, partially within and partially outside the City of Huntington Beach, County of Orange, State of California, which land is more particularly described as follows; Beginning approximately at the Westerly City limit line of the City of Huntington Beach where the westerly line of Section four (4) prolonged into the Pacific Ocean intersects the line of ordinary high tide, and running easterly to approximately the middle line of Twenty --third street prolonged into the ocean, and lying between the mean high tide line of the Pacific Ocean and the extreme high water mark of the Pacific Ocean; and. WHEREAS, Young has expended in excess of Ten Thousand Dollars ($10, 000.00) for a special Land Certificate with which to purchase said property, for attorneys fees and other costs. and expenses; and w WHF-REAS, a. part of said property lies within the City limits o.f said City of Huntington Beach and Young desires to make an agreement with the City of Huntington Beach whereby the securing of said patent will be prosecuted to completion and that said patent will be issued to the City; and WHEREAS, J. C. ALDRICH has filed a similar application for land .within the City.. Limits, lying easterly of the Young Application, azld said 1.1. 11. Young and J. C. Aldrich have entered into a Joint -UnIt Plan of cooperating with the City and of par- ticipation; NOW, THEREFORE, in consideration of the covenants, agree -- merits and promises herein contained to be done and performed by the respective parties, and the payment of One Thousand Dollars ($1000.00) by said City for':'certain anticipated costs and ex- penses hereinafter more particularly set; out in detail, the parties hereto do hereby agree as follows: E �1. 1. Thai'. Young does hereby agree to transfer, assign, release, relinquish and grant all of his right, title, interest and claim in and ';o said property heretofore described to said City to the end t'utt the base fee title be issued by the United States of A.merice. direct to the City of Huntington Beach and by these presents does hereby transfer, assign, release, relinquish and grant all of said rights to said City upon the further terms and conditions hereinafter contained; provided, however, that if Aldrich, because of negotiations heretofore initiated, or the City, should be able to obtain any cash payments from the State o L' California for the sale of any portion of the surface of the Land covered by this agreement easterly of the present city Lands by virtue of this contract or the patent contemplated he' - :sby, such cash payments to either Aldrich or the City shall be divided 50/50 between the City, as one party, and Aldrich and Young, as the other party, but no such deal shell be consummated without the written consent of the parties hereto. 2. The parties hereto agree to execute the necessary documents, assignments, applications, deeds, leases, releases, relinquishments and other instruments or documents that may be required by the United States Land Office or the United States Department of :interior or the City to vest in the City the title to said property or any rights connected therewith arising out of or derived therefrom. Should the survey hereinafter provided for disclose that a vacancy exists oceanward between patented land and inland from the high wtater mark of the Pacific Ocean then the application heretofore made by :Young shall be amended to include such lands which shall likewise be patented or granted to the City as contemplated and intended by this agreement. 3. That in the event a patent is issued to said City as herein contemplated, the surface right to the property covered by said patent shall be owned exclusively by the City, free and clear of any claim, ri-ght, title or Interest of Young, except as contained in the provided clause of Paragraph 1, and except as hereinafter expressly set forth, and all improvements located thereon shall be at the City's cost and e4lense and all moneys and profits derived from the operation and improvement of said property shall belong to the City exclusively, and that said Young shall not participate therein to any extent whatsoever, `. except that this provision is subject to Paragraph 4 hereinafter contained. That all rights, royalties, income and other profit, which may be derived directly or indirectly froia or because of r the ownership of the subsurface or leases covering said land (which said subsurface title, lenses and rights) it is recognized and hereby declared shall be jointly owned and held by the CJ.ty as one party and Aldrich and Young, or their successors in In— terest or their duly constituted representatives, as the other party) , or from the drilling of oil wells and the extracting; of oil_ and ga© from wells drilled thereon, shall he divided between the parties fifty per cent (50 fo) to Young and Aldrich or their successors in interest or duly constituted representatives, and fifty per cent (50�p) to the City. 4. OIL WELLS. Young and Aldrich or their successors in interest or duly constituted representatives shall have the exclusive right to drill or negotiate for the drilling of oil wells upon said property and shall have sufficient area on the surface of said property to properly drill such wells. In the -2- drilling of such oil wells, Young and Aldrich or their successors in interest or duly constituted representatives agree to comply with the Ordinances of the City of Huntington Beach, the law of r. the State of California, and the laws of Federal Government and all valid rules and regulations governing the drilling of oil wells, lawfully imposed by governmental bodies, commissions, boards, or bureaus. Any structure erected by Young and Aldrich or their successors in interelst or duly constituted r-�presenta tives may be used by the City where such use does not lnte fere with the primary purpose of such structure. ?n the event said wells are drilled by Aldrich and Young or their successors in interest or duly constituted representatives, or drilled under contract with them, neither the City nor Aldrich and Young or their successors in Interest or duly constituted representatives shall participate in any division of profits until after the reasonable expenses of development and operation are deducted. therefrom". All agreements, contracts and leases made by Young and Aldrich or their successors In interest or duly constituted representatives shall be subject to the approval of the City, which approval may riot be unreasonably withheld. 5. EXPEPSE OF PERFECTING TITLE, The City as part of the consideration hereof, agrees to pay to Young the sum of One Thousand Dollars ($1000.00) , which will cover the special fees of a recognized authority. on surveying of both the mean hic-h tide line and the high water mark of the Pacific Ocean for supervising and checking the work of the City Engineer and his crew.. -of assistants in malting the necessary detailed survey and ,� p.g.,oldn' d, the expenses of making necessary trips to Washington, .`,D'.*�'b--,• Tfor consultation or consultations with the United States epa�x� men, of Interior in order to make the necessary e e s sary changes ��-iri• the present applications for patent made by Aldrich and Young •-• or make new applications as may be required by the Department of ""Interior of . th:e United States in order to carry out,the purpose `. i of this agreement. It is specifically agreed that the City shall ref;umP�a''other expenses than as is provided for, in the Aldrich end, yo:Mg, contracts until after patents are granted. 6. That the City at its own cost and expense shall survey the property heretoforedescribed and establish the mean high tide line, the high water mark line, and such vacancy as may exist as provided for in Paragraph 2, the same to be done under the supervision of a recognized authority oi- engineer as set forth in Paragraph 5 hereof, provided that the Fees, costs and expenses o:" the services of said recognized authority or engineer shall be paid. by Aldrich and Young. 7. In ''the event the patent as granted shall cover less than forty (40) acres, the difference between the face value of the land Certificate filed by Young and the acreage covered by the patent and forty (�0) acres shall be returned to Young and be his property; but Young shall make a diligent effort to utilize said Land Certificate in exchange for government land 'in accordance with the terms of this agreement. %. That after title is vested in the City of Huntington Beach and a base patent has been issued from the United States of America as herein contemplated, the City shall maintain its title by appropriate proceedings or litigation and all rights incident •A� ,( I � I•- f thereto, and shall bear the costs and expenses of protecting and maintaining the title to said property from adverse claims and protests of other parties, provided that the City shall not have the.right to compromise any litigation or d1spute, or waive or abandon any claim or rights without the written consent of Aldrich and Young or their successors in interest or duly con- stituted representatives; provided, however, that the City shall not be liable or responsible for any operation or aperations carried on by Aldrich and Young; or their successors in interest or duly constituted representatives in and about the use of said property as herein set forth and said .Young . and Aldrich do here- by agree to indemnify and hold the .City harmless from any lia-, bility, costs, eh�penses including attorneys flees, that may result from work done on said property by them, their' agents or employees, or under their contracts., 'arid to that extent said Aldrich and Young agree at all times to have, carry an6 hold public liability insurance and property damage insurance, both of which shall be sufficient and adequate to protect the City from any liability on account of such use of said property, and that any agreement, contract or lease to other parties shell contain a like clause, IN WITNESS WHEREOF the parties h :Ln h ve ereunto set their hands and seals thi ,,,Z.E clay of , 1943. •�' U ti a to A♦�Z�.�uT� �.:- , SEAS CITY OF HUNTIII TON BEACH, a Muni.ciDal Corporation M. ,��a � � 40� Because of th6 Separate Agreement which exists between Young .and Aldrich for a Joint Unit Plan of participating interests, each of us ratifies, accepts and approves the terms of both agreements with ►:,h,e City. J . C . Aldrich M"4•YA