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HomeMy WebLinkAboutMEHALICK, MICHAEL - 1998-12-21Council/Agency Meeting Held: .Z / erred/Continued to: Ypproved Conditi Wally Ap roved El 0 8POH y Clerk's Signature Counci Meeting Date: December 21, 1998 Department ID Number: AS 98-029 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator PREPARED BY: DAN T. VILLELLA, Director of Administrative Services �y SUBJECT: APPROVAL OF LEASE OF DOWNTOWN LIBRARY SPACE Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Statement of Issue: Proposed lease of a portion of 525 Main Street, Downtown Library, previously used by Legal Aid Society of Orange County. The Library Department desires to lease this space for a compatible use to generate income. Funding Source: Proposed lease provides revenue to the City. Recommended Action: Motion to approve the attached lease agreement with Michael Mahalick, Designer/Architect, of a portion of the Library property located at 525 Main Street, Huntington Beach. Alternative Actions : Vacate rental space and forfeit income. Analysis: In April of 1997 the City Council approved the lease of this 780 square foot space which had been vacated by the Legal Aid Society of Orange County. Because of the initial circumstances surrounding the renting of this non -retail space, it was felt prudent to find a tenant who could show a proven record as a month to month renter prior to granting a full lease contract. Both advertisement and rental signs solicited prospective renters for this space. Michael Mahalick, Designer/Architect, presented the most attractive program for renting the property (with a month to month rental). The renter, at his expense, refurbished the square footage, painting interior, and carpeting and made minor cosmetic repairs. The renter paid all required taxes and shared utility costs with the Library on an as -used basis. The renter has paid $500 per month rent, in advance, on required Certificate of Insurance has been filed with the City after one year, (September 1, 1997 to present) Mr. Mahalick renter and a month to month basis. The and has been approved. Now, has proven to be an excellent *QUEST FOR COUNCIL ACTION MEETING DATE: December 21, 1998 DEPARTMENT ID NUMBER: AS 98-029 a full lease agreement is being proposed. The terms of the proposed lease are: $600 per month the first year, $630 for months 13 through 24, $660 for months 25 through 36. After the first year's lease, the lease may be extended by a further two three year periods. Environmental Status: Not applicable. Attachment[s1: 1. Lease Agreement 2. Drawing of annex area showing proposed use of space. 3. Certificate of Insurance 4. RCA Approvinq Non -Retail Status of Rental Sgace RCA Author: Paul Larkin 0032968.01 -2- 12/07/98 2:20 PM ATTACHMENT #1 LEASE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND MICHAEL MEHALICK FOR THE PREMISES AT 525 MAIN STREET (LIBRARY 790-FOOT ANNEX) IN THE CITY OF HUNTINGTON BEACH Section Page ARTICLE 1. TERM OF LEASE 1.01 ORIGINAL TERM OF LEASE 1 1.02 HOLD OVER 2 ARTICLE 2. RENT 2.01 RENTAL 2 ARTICLE 3. USE OF PREMISES 3.01 PERMITTED USE 2 3.02 SUBLEASING OR ASSIGNING AS BREACH 3 ARTICLE 4. TAXES AND UTILITIES 4.01 PAYMENT OF UTILITY CHARGES 4 4.02 PROPERTY TAXES 4 ARTICLE 5. MAINTENANCE, ALTERATIONS AND REPAIRS 5.01 MAINTENANCE BY LESSOR 4 5.02 ALTERATIONS AND LIENS 5 5.03 INSPECTION BY LESSOR 5 5.04 SURRENDER OF PREMISES 6 ARTICLE 6. INDEMNITY AND EXCULPATION INSURANCE 6.01 HOLD -HARMLESS CLAUSE 6 6.02 COMPREHENSIVE COVERAGE 7 6.03 INCREASE IN AMOUNT OF PUBLIC LIABILITY AND PROPERTY DAMAGE 7 6.04 FIRE INSURANCE ON BUILDING AND OTHER IMPROVEMENTS 7 6.05 DETERMINATION OF REPLACEMENT VALUE 8 6.06 LOSS OF RENT INSURANCE 8 6.07 WORKERS' COMPENSATION 8 6.08 WAIVER OF SUBROGATION 9 6.09 OTHER INSURANCE MATTERS 10 24 adl/agree/Eease/525Muin - 11/2598 0 0 TABLE OF CONTENTS (Continued) ARTICLE 7. SIGNS AND TRADE FIXTURES 7.01. INSTALLATION AND REMOVAL OF TRADE FIXTURES 11 7.02 UNREMOVED TRADE FIXTURES 11 7.03 SIGNS I ARTICLE 8. DESTRUCTION, ETC. 8.01 PARTIAL DESTRUCTION 12 8.02 TOTAL DESTRUCTION 12 8.03 INSURANCE PROCEEDS 13 8.04 ABATEMENT OF RENT 13 8.05 TOTAL CONDEMNATION 13 8.06 TERMINATION OPTION FOR PARTIAL CONDEMNATION 14 8.07 PARTIAL CONDEMNATION WITHOUT TERMINATION 14 8.08 CONDEMNATION AWARD 15 8.09 ARBITRATION OF CONDEMNATION AWARD 15 8.10 RELOCATION AND ASSISTANCE 16 ARTICLE 9. DEFAULT, ASSIGNMENT AND TERMINATION OF MASTER LEASE 9.01 - ABANDONMENT BY LESSEE 16 9.02 DEFAULT BY LESSEE 16 9.03 INSOLVENCY OF LESSEE 17 9.04 CUMULATIVE REMEDIES 17 9.05 WAIVER OF BREACH 17 ARTICLE 10. MISCELLANEOUS 10.01 FORCE MAJEURE —UNAVOIDABLE DELAYS 17 10.02 CARE OF PREMISES — MAINTENANCE DEPOSIT 18 ARTICLEII. LESSEE'S NON -ELIGIBILITY FOR RELOCATION ASSISTANCE 22 25 adilagree/lease/525Main - 1 1/25198 LEASE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND MICHAEL MEHALICK FOR THE PREMISES AT 525 MAIM STREET (LIBRARY 790-SQUARE-FOOT ANNEX) IN THE CITY OF HUNTINGTON BEACH THE CITY OF HUNTINGTON BEACH, hereinafter referred to as "LESSOR," hereby leases to MICHAEL MEHALICK, hereinafter referred to as "LESSEE," those certain premises, herein called "Premises," in the County of Orange, State of California, described more particularly in Exhibit "A," attached hereto and incorporated herein by this reference, upon the following terms and conditions: ARTICLE 1. TERM OF LEASE Section 1.01. Original Term. This Lease shall be for a term of one (1) year, commencing at 12:01 a.m. on October 1, 1998, and ending at 12:01 a.m. on September 30, 1999, unless sooner terminated as herein provided. Should LESSEE fully and faithfully perform all the terms and conditions of this Lease for the full term specified in this section, LESSEE may extend this Lease with the written consent of LESSOR for two (2) further successive terms of three (3) years, each commencing on expiration of the full term specified above, by giving LESSOR written notice of LESSEE's desire to do so at least six (6) months prior to expiration of the term specified above or any extension thereof. LESSOR may, however, upon six (6) months' notice in writing to LESSEE, suspend or revoke this lease agreement without liability to the CITY when public necessity so requires, or to suspend operation immediately hereunder temporarily in the event of public emergency, as may be reasonably determined by the City Administrator. Such suspension will terminate when the public necessity no longer exists. adliagreellease:152SMain - 11,25198 Section 1.02. Hold Over. Should LESSEE hold over and continue in possession of said Premises after expiration of the term of this Lease or any extension thereof, LESSEE's continued occupancy of said Premises shall be considered a month -to -month tenancy subject to all the terms and conditions of this Lease. ARTICLE 2. RENT Section 2.01. Rental. LESSEE agrees to pay to LESSOR as rent for the use and occupancy of said Premises the sum as follows, due each month on or before the first day of each month hereof: Month Monthly Rental 01-12 $600.00 13-24 $630.00 25-36 $660.00 Any subsequent period beyond the third (3rd) year will not exceed an increase of five percent (5%) per month per year. The rent specified in this section shall be paid by LESSEE to LESSOR at 2000 Main Street, Huntington Beach, California 92648, or at such other place or places as LESSOR may from time to time designate by written notice delivered to LESSEE. A late charge equal to the prime commercial interest rate established by the Bank of America shall be added on the 1 Oth day after any payment hereunder is due, but unpaid. ARTICLE 3. USE OF PREMISES Section 3.01. Permitted Use. The Premises are let for the purpose of operation of a design/architect business and other such uses as may from time to time be approved in writing by LESSOR. LESSOR reserves the right to prohibit the sale or rental of any item or article which is 2 adllagreeileasel525Main - 11125i99 objectionable on the basis of public welfare or beyond the scope of the merchandise necessary for proper service to the public. A. Tenant shall have the right to alter the interior walls of said building, at tenant's sole expense, should such alterations be necessary, subject to the provisions of Section 5.02 herein. Section 3.02. Subleasing or Assigning as Breach. LESSEE shall not encumber, assign, or otherwise transfer this Lease, any right or interest in this Lease, or any right or interest in said Premises or any of the improvements that may now or hereafter be constructed or installed on said Premises without the express written consent of the CITY, in writing, first had and obtained. Neither shall LESSEE sublet said Premises or any part thereof or allow any other person, other than LESSEE's agents, servants, and employees, to occupy said Premises or any part thereof without the prior written consent of the CITY. A consent by the CITY to one assignment, one subletting, or one occupation of said Premises by another person shall not be deemed to be a consent to any subsequent assignment, subletting, or occupation of said Premises by another person. Any encumbrance, assignment, transfer, or subletting without the prior written consent of the CITY, whether it be voluntary or involuntary, by operation of law or otherwise, is void ad shall, at the option of the CITY, terminate this Lease. The consent of the CITY to any encumbrance, assignment including occupation or transfer hereof of LESSEE's interest in this Lease or the subletting by LESSEE of said Premises or parts of said Premises shall not be unreasonably withheld; however, the CITY shall have the right of first refusal in connection with any assignment, sale, sublease or transfer hereof and agrees to exercise or refuse such right in writing within thirty (30) days of notice by LESSEE. Such right shall not apply, however, to assignments, transfers, or sublettings to immediate family members of LESSEE, a adl!agree/leasel525NIain - 11/25/98 family trust, or to any corporate entity of which LESSEE, or any of LESSEE's immediate family, are sole stockholders. ARTICLE 4. TAXES AND UTILITIES Section 4.01. Payment of Utility Charges. LESSOR shall pay, and hold LESSEE and the property of LESSEE free and harmless from, all charges for the furnishing of gas, water, electricity and for the removal of garbage and rubbish from said Premises during the term of this Lease, or any extensions thereof. Telephone services and other public utilities to said Premises during the term of this Lease, or any extension thereof, are the sole responsibility of LESSEE. Section 4.02 Property Taxes. LESSEE shall pay before they become delinquent all taxes, assessments, or other charges levied or imposed by any governmental entity on the furniture, trade fixtures, appliances, and other personal property placed by LESSEE in, on, or about said Premises including, without limiting the generality of the other terms used in this section, any shelves, counters, vaults, vault doors, wall safes, partitions, fixtures, machinery, plant equipment, office equipment, television or radio antennas, or communication equipment brought on said Premises by LESSEE. All real property taxes or possessory interest taxes and assessments levied or assessed against said Premises by any governmental entity, shall be paid, before they become delinquent by LESSEE. ARTICLE 5. MAINTENANCE, ALTERATIONS AND REPAIRS Section 5.01. Maintenance by Lessor. LESSOR shall maintain in good condition and repair the exterior roof, exterior walls, structural supports, and the foundation of said Premises including heating/air conditioning and plumbing. 4 adl agrec11ease.'525'Aain - 1 1'25 98 Except as otherwise expressly provided in Section 5.02 of this Lease, LESSEE shall, at his own cost and expense, keep and maintain all portions of said Premises as well as all improvements on said Premises and all facilities appurtenant to said Premises in good order and repair ad in as safe and clean a condition as they were when received by LESSEE from LESSOR, reasonable wear and tear excepted. Section 5.02. Alterations and Liens. LESSEE shall not make or permit any other person to make any alterations to said Premises or to any improvement thereon or facility appurtenant hereto without the written consent of LESSOR first hand and obtained. LESSEE shall keep the Premises free and clear from any and all liens, claims, and demands for work performed, materials furnished, or operations conducted on said Premises at the instance or request of LESSEE. Furthermore, any and all alterations, additions, improvements, and fixtures, - except furniture and trade fixtures, made or placed in or on said Premises by LESSEE or any other person shall, on expiration or sooner termination of this Lease, -become the property of LESSOR and remain on said Premises; provided, however, that LESSOR shall have the option on expiration or sooner termination of this Lease of requiring LESSEE, at LESSEE's sole cost and expense, to remove any or all such alterations, additions, improvements or fixtures from said Premises. Section 5.03. Inspection by Lessor. LESSEE shall permit LESSOR or LESSOR's agents, representatives, or employees to enter said Premises at all reasonable times, with notice, for the purpose of inspecting said Premises to determine whether LESSEE is complying with the terms of this Lease and for the purpose of doing other lawful acts that may be necessary to protect LESSOR's interest in said Premises under this Lease or to perform LESSOR's duties under this Lease. adVagree.'lease,`525Vlain - 11:25:98 • 0 Section 5.04. Surrender of Premises. On expiration or sooner termination of this Lease, or any extensions or renewals of this Lease, LESSEE shall promptly surrender and deliver said Premises to LESSOR in as good condition as they are now at the date of this Lease, reasonable wear and tear and repairs herein required to be made by LESSOR excepted. ARTICLE 6. INDEMNITY AND EXCULPATION INSURANCE Section 6.01. Hold -Harmless Clause. LESSEE agrees to indemnify, defend and hold CITY and the property of CITY, including the Premises, free and harmless from any and all claims, liability, loss, damage, or expenses resulting from any tenant's occupation and use of the Premises or LESSEE's use or occupation of the Premises, specifically including, without limitation, any claim, liability, loss, or damage arising by reason of: A. The death or injury of any person or.persons, -including tenants or any person who is an employee or agent of any tenant, or by reason of the damage to or destruction of any property, including property owned by a tenant or LESSEE or any person who is an employee or agent of LESSEE or tenant, and caused or allegedly caused by either the condition of the Premises, or some act or omission of LESSEE or of as agent, contractor, employee, servant, sublessee, or concessionaire of LESSEE on the Premises; B. Any work performed on the Premises or materials furnished to the Premises at the instance or request of LESSEE or any agent or employee of LESSEE, with the exception of maintenance performed by CITY. C. LESSEE's failure to perform any provision of this Lease or to comply with any requirement of law or any requirement imposed on CITY or the leased Premises by and duly authorized governmental agency or political subdivision. 6 adliagree'lease.15290ain - 1 1/25 98 0 Section 6.02. Comprehensive Coverage. LESSEE shall, at his own cost and expense, thirty (30) days prior to possession, secure and then maintain during the entire term of this Lease and any renewals or extensions of such term, a broad -form comprehensive coverage policy of public liability insurance issued by an insurance company acceptable to CITY and insuring CITY, its officers, employees and agents, against loss of liability caused by or connected with LESSEE's occupation and use of the Premises under this Lease in amounts not less than: combined single - limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. The policy shall name CITY, its officers, and employees as additional insureds, - and shall specifically provide that -any other insurance coverage which may beapplicable to the Premises shall be deemed excess coverage and the LESSEE's insurance shall be primary. Section 6.03. Increase In Amount of Public Liability and Property Damage Insurance. Not more frequently than every three (3) years, if, in the opinion of the Risk Manager or consultant retained by CITY, the amount of public liability and property damage insurance coverage at that time is not adequate, LESSEE shall increase the insurance coverage as reasonably required by CITY's Risk Manager. Section 6.04. Fire Insurance On Building and Other Improvements. LESSEE, at its own cost, shall maintain on the buildings and other improvements that are or become a part of the Premises a policy of standard fire and extended coverage insurance, with vandalism and malicious mischief endorsements, , to the extent of at least full replacement value, in a form acceptable to the City Attorney. adl:agrecrleasei525Main - I Ii25,'98 The insurance policy shall be issued in the names of CITY and LESSEE, as their interest appear. The insurance policy shall provide that any proceeds shall be made payable to CITY and LESSEE jointly. Section 6.05. Determination of Replacement Value. The "full replacement value" of the buildings and other improvements to be insured shall be determined by the company issuing the insurance policy at the time the policy is initially obtained. Not more frequently than once each year, either Party shall have the right to notify the other Party that it elects to have the replacement value redetermined by an insurance company The redetermination shall be made promptly and in accordance with the rules and practices of the Board of Fire Underwriters, or a like board recognized and generally accepted by the insurance company, and each Party shall be promptly notified of the results by the company. The insurance policy shall be adjusted according to the redetermination. Section 6.06. Loss of Rent Insurance. LESSEE, at its cost, shall maintain loss of rent insurance, ensuring that the minimum rent will be paid to LESSOR for a period up to six (6) months if the Premises are destroyed or rendered inaccessible by a risk insured against by a policy of standard fire and extended coverage insurance with vandalism and malicious mischief endorsements. Section 6.07. Workers' Compensation. LESSEE shall supply Workers' Compensation Certificate with statutory limits and employer's liability in the amounts of $500,000/$1,000,0001 5500,000. LESSEE shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Divisions 4 and 5 of the California Labor Code and all amendments thereto; and all similar state or federal acts or laws applicable; and shall indemnify, defend and hold harmless CITY from and against all ad liagree;[ease.152SMain - 11125198 claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs, presented, brought or recovered against CITY,. for or on account of any liability under any of the acts which may be incurred by reason of any activity performed by LESSEE under this agreement. Section 6.08. Waiver of Subrogation. The Parties release each other, and their respective authorized representatives, from any claims for damage to any person or to the Premises and to the fixtures, personal property, and alterations of either in or on the Premises that are caused by or result from risks insured against under any insurance policies carried by the Parties and in force at the time of any such damage. Each Party shall cause each insurance policy obtained by it to provide that.the insurance company waives all rights of recovery by way of subrogation against either Party in connection with any damage covered by any policy. Neither Party shall be liable to the other for any damage caused by fire or any of the risks insured against under any insurance policy required by this Lease. If any insurance policy cannot be obtained with a waiver of subrogation, or is obtainable only by the payment of an additional premium charge above that charged by insurance companies issuing policies without waiver of subrogation, the Party undertaking to obtain the insurance shall notify the other Party of this fact. The other arty shall have a period of 20 days after receiving the notice either to place the insurance with a company that is reasonably satisfactory to the other Party and that will carry the insurance with a waiver of subrogation, or to agree to pay the additional premium if such a policy is obtainable at additional cost. If the insurance cannot be obtained or the Party in whose favor a waiver or subrogation is desired refused to pay the additional premium charged, the other Party is relieved of the obligation to obtain a waiver of subrogation rights with respect to the particular insurance involved. adliagrm-lease.525Main - 1 U25i98 0 0 shall: Section 6.09. Other Insurance Matters. All the insurance required under this Lease A. Be issued by insurance companies authorized to do business in the state of California, acceptable to CITY; B. Be issued as a primary policy; C. Be noncontributing with any insurance that may be carried by CITY; D. Contain an endorsement requiring thirty (30) days' written notice from the insurance company to both Parties before cancellation or change in the coverage, scope, or amount of the policy. Each policy, or a certificate of the policy, together with evidence of payment of premiums, shall be deposited with CITY before LESSEE's entry on the Premises, and on renewal of the policy not less than thirty (30) days before expiration of the term of the policy. At the election of CITY upon the expiration of the term, CITY shall reimburse LESSEE pro rata for all prepaid premiums on insurance required to be maintained by LESSEE, and LESSEE shall assign all LESSEE's right, title, and interest in that insurance to CITY; in the event of earlier . termination of this Lease, CITY shall, at its election, have the right to require LESSEE to make such assignment to CITY upon CITY's pro rata reimbursement to LESSEE for prepaid premiums. The provisions of the preceding sentence shall be applicable only to the extent that LESSEE's insurance carrier permits assignment to be made to CITY. LESSEE shall use its best efforts to secure the prior consent of the carriers to such assignment whenever LESSEE obtains, renews or replaces any of the insurance required by this section. Either Party may effect for its own account any insurance not required under this Lease. 10 adl agreeilease 525Main - 1125r'98 0 0 ARTICLE 7. SIGNS AND TRADE FIXTURES Section 7.01. Installation and Removal of Trade Fixtures. LESSEE shall have the right, at any time and from time to time during the term of this Lease and any renewal or extension of such term, at LESSEE's sole cost and expense, to install and affix in, to, or on said Premises, such items, herein called "trade fixture," for use in LESSEE's trade or business as LESSEE may, in his sole discretion, deem advisable subject to CITY ordinances and permits and Section 7.03 below. Any and all such trade fixtures that can be removed without structural damage to said Premises or any building or improvements on said Premises shall, subject to Section 7.02 of this Lease, remain the property of the LESSEE and may be removed by LESSEE at any time prior to the expiration or sooner termination of this Lease. Section 7.02. Unremoved Trade Fixtures. Any trade fixtures described in this Article that are not removed from said Premises by LESSEE with thirty (30) days after the expiration or sooner termination, regardless of cause, of this Lease shall be deemed abandoned by LESSEE and shall automatically become the property of LESSOR as owner of the real property to which they are affixed and not simply because of the lien described in Section 7.02 of this Lease. Section 7.03. Skims. LESSEE shall not place and maintain, nor permit any other person to place or maintain, on or shop window of said Premises without the written in any exterior door, wall, or window of said Premises any sign, awning, canopy, marquee, or other advertising without the express written consent and approval of LESSOR. Furthermore, LESSEE shall not place any decoration, lettering, or advertising matter on the glass of any interior or exterior approval and consent of LESSOR. Should LESSOR consent to any such sign, awning, canopy, marquee, decoration, or advertising matter, LESSEE shall maintain it at all times during this Lease in good appearance and repair. On expiration or sooner termination of this Lease, any adl.'agree?1ease.1525Main - 11.25 98 0 of the items mentioned in this section not removed from said Premises by LESSEE on such expiration or termination of this Lease may, without damage or liability, be destroyed by LESSOR. This Lease is expressly contingent upon approval of all signs by both LESSOR and LESSEE and the City of Huntington Beach. ARTICLE 8. DESTRUCTION, ETC. Section 8.01. Partial Destruction. Should Premises or the building on the Premises be partially destroyed by any cause not the fault of LESSEE or any person in or about said Premises with the consent, express or implied, of LESSEE, this Lease shall continue in full force and effect and LESSOR, at LESSOR's own cost and expense, shall promptly commence and diligently continue and complete the work of repairing and restoring said -Premises to their prior condition providing such work can be accomplished under all applicable governmental laws and regulations within one hundred eighty (180) working days. Section 8.02. Total Destruction. Should said Premises or the building on said Premises be so far destroyed by any cause not the fault of LESSEE or any person in or about said Premises with the consent, express or implied, of LESSEE that they cannot be repaired or restored to their farmer condition within one hundred eighty (180) working days, LESSOR may, at LESSOR's option: A. Continue this Lease in full force and effect by repairing and restoring, at LESSOR's own cost and expense, said Premises to their former condition; or B. Terminate this Lease by giving LESSEE written notice of such termination.. !2 adVagree/lease:525k1ain - 11l25i98 0 Section 8.03. Insurance Proceeds. Any insurance proceeds received by LESSOR because of the total or partial destruction of said Premises or the building on said Premises shall be the sole property of LESSOR, free from any claims of LESSEE, except any and all insurance proceeds, including business interruption insurance which would ordinarily flow to the benefit of LESSEE. Section 8.04. Abatement of Rent. Should LESSOR elect under Section 8.02 of this Lease or be required under Section 8.01 of this Lease to repair and restore said Premises to their former condition following partial or full destruction of said Premises or the building on said Premises: A. LESSOR shall have full right to enter said Premises and take possession of so much of said Premises, including the whole of said Premises, as may be reasonably necessary to enable LESSOR promptly and efficiently to carry out the work of repair and restoration; and B. The percentage rent described in Section 2.01 of this Lease shall be not abated for the time LESSEE is prevented from using the whole of said Premises. Section 8.05. Total Condemnation. Should, during the term of this Lease or any renewal or extension thereof, title and possession of all of said Premises be taken under the power of eminent domain by any public or quasi -public agency or entity, this Lease shall terminate as of 12:01 a.m., of the date actual physical possession of said Premises is taken by the agency or entity exercising the power of eminent domain and both LESSOR and LESSEE shall thereafter be released from all obligations, except those specified in Section 8.08 of this Lease, under this Lease. 13 adl/agrecileasc/525Main - 11/25i48 0 Section 8.06. Termination Option for Partial Condemnation. Should, during the term of this Lease or any renewal or extension thereof, title and possession of only a portion of said Premises be taken under the power of eminent domain by any -public or quasi -public agency or entity, LESSEE may, at LESSEE's option, terminate this Lease if more than five percent (5%) of the ground area (or floor space) or more than ten percent (10%) in value of said Premises if taken under the power of eminent domain. LESSEE shall exercise his option by giving written notice to LESSOR within thirty (30) days after actual physical possession of the portion subject to the eminent domain is taken by the agency or entity exercising the power. This Lease shall terminate as of 12:01 a.m. of the date the notice if deemed given to LESSOR. Section 8.07. Partial Condemnation Without Termination. Should LESSEE fail to exercise the option described in Section 8.06 of this Lease or should the portion of said Premises taken -under the power of eminent domain -be insufficient to -give rise to the option described in Section 8.06 of this Lease, then, in the event: A. This Lease shall terminate as to the portion of said Premises taken by eminent domain as of 12:01 a.m. of the day, herein called the "date of taking," actual physical possession of that portion of said Premises is taken by the agency or entity exercising the power of eminent domain. B. LESSOR, at LESSOR's own cost and expense, will remodel/reconstruct the building remaining on the portion of said Premises not taken by eminent domain into a single efficient architectural unit as soon after the date of taking, or before, as can be reasonably done; provided, however, that the percentage rent specified in this Lease shall be abated or reduced during such remodeling and reconstruction. 14 adlIagreellease/52-Wain - l U25198 0 0 Section 8.08. Condemnation Award. Should, during the term of this Lease or any renewal or extension thereof, title and possession of all or any portion of said Premises be taken under the power of eminent domain by any public or quasi -public agency or entity, the portion of the compensation or damages for the taking awarded to each of the Parties to this Lease, LESSOR and LESSEE, shall belong to and be the sole property of the Party LESSOR or LESSEE, to whom it is awarded. LESSEE shall be entitled to that portion of the compensation or damages awarded for the eminent domain taking that represents (1) the reasonable value of LESSEE's rights under this Lease for the unexpired term of this Lease; (2) the cost or loss sustained by LESSEE because of the removal of LESSEE's merchandise, trade fixtures, equipment, and furnishings from the portion of said Premises taken by eminent domain; and .(3) whatever other compensation and/or damages which may be usual and customary to LESSEES under the circumstances. Section 8.09. Arbitration of Condemnation Award. Should separate awards not be made to LESSOR and LESSEE for the taking by eminent domain of all or any portion of said Premises, and should LESSOR and LESSEE be unable to agree on the manner the total award is to be divided between them pursuant to Section 8.08 of this Lease, the proper division of the award between LESSOR and LESSEE shall be settled by arbitration in accordance with the rules promulgated by the American Arbitration Association. Each Party shall appoint an arbitrator and the two arbitrators so appointed shall, within a month after both have been appointed, select a third arbitrator. The decision of any two of the three arbitrators in writing shall be binding on both LESSOR and LESSEE. Should no two arbitrators be able to agree within one month after appointment of the third arbitrator, the report of the arbitrator most favorable to LESSOR and the report of the arbitrator most favorable to LESSEE shall both be disregarded and the report of the 15 adl'agree/lease.'525Main - I U25:`98 0 remaining arbitrator shall be binding on both LESSOR and LESSEE. Should either LESSOR or LESSEE fail to appoint an arbitrator within fifteen (15) days after receiving written notice from the other to so do, the arbitrator selected by the other Party shall act for both and his decision in writing shall be binding on both LESSOR and LESSEE. Section 810. Relocation and Assistance. In the event this Lease is terminated for any reason by LESSOR, LESSEE shall not be entitled to any relocation rights or benefits and expressly waives such benefits and rights under CITY, State or Federal Relocation Assistance Plans. ARTICLE 9. DEFAULT, ASSIGNMENT, AND TERMINATION OF MASTER LEASE Section 9.01. Abandonment by LESSEE. Should LESSEE breach this Lease and abandon said Premises prior to the natural expiration of the term of this Lease, LESSOR may: A. Continue this Lease in effect by not terminating LESSEE's right to possession of said Premises, in which event LESSOR shall be entitled to enforce all his right and remedies under this Lease, including the right to recover the rent specified in this Lease as it becomes due under this Lease; or B. Terminate this Lease and recover from LESSEE any and all damages provided by law. Section 9.02. Default by LESSEE. Should LESSEE default in the performance of any of the covenants, conditions, or agreements contained in this Lease, LESSEE shall have breached the Lease and LESSOR may, in addition to the remedy specified in the subparagraph (b) of Section 9.02 of this Lease, re-enter and regain possession of said Premises in the manner provided by the laws of unlawful detainer of the State of California then in effect. lb adliagree/leasai525%1ain - 1 1/25198 Section 9.03. Insolvency of LESSEE. The insolvency of LESSEE as evidenced by a receiver being appointed to take possession of all or substantially all of the property of LESSEE, or the making of a general assignment for the benefit of creditors by LESSEE, or filing a petition in bankruptcy shall terminate this Lease and entitle LESSOR to re-enter and regain possession of said Premises. Section 9.04. Cumulative Remedies. The remedies given to LESSOR in this Article shall not be exclusive but shall be cumulative and in addition to -all remedies now or hereafter allowed by law or elsewhere provided in this Lease. Section 9.05. Waiver of Breach. The waiver by LESSOR of any breach by LESSEE of any of the provisions of this Lease shall not constitute a continuing waiver or a waiver of any subsequent breach by LESSEE either of the same or another provision of this Lease. ARTICLE 10. MISCELLANEOUS Section 10.01 Force Maieure — Unavoidable Delays. Should the performance of any act required by this Lease to be performed by either LESSOR or LESSEE be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, laws or regulations, or any other cause outside of the control of either Party except financial inability not the fault of the Party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused; provided, however, that nothing contained in this section shall excuse the prompt payment of rent by LESSEE as required by this Lease or the performance of any act rendered difficult solely because of the financial condition of the Party, LESSOR or LESSEE, required to perform the act. 17 adllagree?leaser525,lain - 1 U25M 0 Section 10.02. Care of Premises -- Maintenance Deposit. /1 C1 C. Vol LESSEE shall not obstruct, cause or permit any obstruction surrounding the Premises or any part thereof in any manner whatsoever. LESSEE shall comply with all written notice served by LESSOR with regard to the care and maintenance of the interior of the Premises. Any written notice hereunder shall specify the work to be done, the estimated cost thereof, and the period of time deemed to be reasonably necessary for completion of such work. Should LESSEE fail to comply with LESSOR's written notice within fifteen (15) days, or within a time deemed reasonably necessary of the time specified therein, LESSEE shall pay over to LESSOR the estimated cost of such work as set forth in the notice. Upon receipt of such sum, LESSOR shall then proceed to cause the required work to be performed. Notice. Any written notice, given under the terms of this Lease, shall be either delivered personally or mailed, certified mail, postage prepaid, addressed to the Party concerned, as follows: CITY OF HUNTINGTON BEACH: Mr. Dan Villella Deputy City Administrator City of Huntington Beach Post Office Box 190 Huntington Beach, CA 92648 LESSEE: Michael Mahalick 525 Main Street (Annex) Huntington Beach, CA 92648 Insurance Hazards. LESSEE shall not commit or permit the commission of any acts on said Premises nor use or permit the use of said Premises in any manner that will increase the existing rates for or cause the cancellation of any fire, liability, or other insurance policy insuring said Premises or the improvements on is adllagreellease/525Main - 11/25198 said Premises. LESSEE shall, at his own cost and expense, comply with any and all requirements of LESSOR's insurance carriers necessary for the continued maintenance at reasonable rates of fire and liability insurance policies on said Premises and the improvements on said Premises. E. Waste or Nuisance. LESSEE shall not commit or permit the commission by others of any waste on said Premises; LESSEE shall not maintain, commit, or permit the maintenance or commission of any -nuisance as defined in Section 3479 of the California Civil Code on said Premises; and LESSEE shall not use or permit the use of said Premises for any unlawful purpose. F. Compliance With Law. LESSEE shall, at LESSEE's own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, federal, state, county and municipal, relating to LESSEE's use and occupancy of said Premises whether such statutes, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by LESSEE in a proceeding brought against LESSEE by any government entity, that LESSEE has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between LESSOR and LESSEE and shall be ground for termination of this Lease by LESSOR. G. Binding on Heirs and Successors. This Lease shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the Parties hereto. 19 adllagree lease!525Main - 11/25 98 H. Partial Invalidity. Should any provision of this Lease be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Lease shall remain in full force and effect unimpaired by the holding, so long as the reasonable expectations of the Parties hereto are not materially impaired. Sole and Only Agreement. This instrument constitutes the sole and only agreement between LESSOR and LESSEE respecting said Premises, the leasing of said Premises to LESSEE, or the Lease term herein specified, and correctly sets forth the obligations of LESSOR and LESSEE to each other as of its date. Any agreements or representations respecting said Premises or their leasing by LESSOR to LESSEE not expressly set forth in this instrument are null and void. J. Non -Discrimination. The LESSOR, on behalf of itself and its successors, assigns, and each successor in interest to the Site or any part thereof, hereby covenants and agrees: Not to discriminate upon the basis of sex. Marital status, race, color, creed, religion, national origin, or ancestry in the sale, lease, sublease, transfer or rental, or in the use, occupancy, tenure, or enjoyment of the Site or any improvements thereon, or of any part thereof. Each and every deed, lease, and contract entered into with respect to the Site shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: a. In deeds: "The grantee herein covenants by and for itself, its successors and assigns, and all persons claiming under through them, that there shall be no discrimination against or segregation of 20 adliagreefleaseI525Main - 11!25/98 any person or group of persons on account of sex, marital status, race, color, creed, religion, national origin, or ancestry in the sale, lease, rental, sublease, transfer, use occupancy, tenure, or enjoyment of the land herein conveyed, nor shall the grantee itself or any persons claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the land herein conveyed. The foregoing covenants shall run with the land." 2. In leases: "The lessee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, and this Lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation or any person or group of persons, on account of sex, marital status, race, color, creed, religion, national original, or ancestry, in the leasing, renting, subleasing, transferring, use, occupancy, tenure, or enjoyment of the land herein leased nor shall the lessee itself, or any person claiming under or through it, establish or permit such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the land herein leased." REST OF PAGE NOT USED 21 adVagree!1ease/525Main - 11/25-:98 i • 3. In contracts: "There shall be no discrimination against or segregation of, any persons, or group of persons on account of sex, marital status, race, color, creed, religion, national origin, or ancestry in the sale, lease, rental, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with references to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land." WARNING: READ THE FOLLOWING PARAGRAPH BEFORE EXECUTING THIS LEASE AGREEMENT ARTICLE 11. LESSEE'S NON -ELIGIBILITY FOR RELOCATION ASSISTANCE The leased Premises is within a redevelopment project area. Government Code Section 7260 et seq. Provides for relocation benefits for displaced persons. However, the LESSEE, if displaced, would not be entitled to relocation benefits by virtue of the fact that the Premises have heretofore been acquired and are being held by LESSOR expressly for CITY purposes. IN CONSIDERATION OF THIS INTERIM LEASE, LESSEE HEREBY ACKNOWLEDGES THAT NO BENEFITS ARE AVAILABLE AND EXPRESSLY WAIVES ANY CLAIM TO RELOCATION BENEFITS PURSUANT TO CIVIL CODE SECTION 3513. In the event of Subleasing, this paragraph must be inserted in the contract, initialed and dated by the sublessee. 22 adl agree:-least:625Main - 11125.198 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. LESSEE: LESSOR: MICHAEL MAHALICK CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Signature Mayor Title (type or print) ATTEST: REVIEWED AND APPROVED: City Clerk 99 City Ad mistrator APPRO ED AST ORM: City Attorney rls dJ�-e,s�-._ fNITIATZ-17 AND APPROVED:, Iseputy City Administrator�Wector of Administrative Services 23 adt.agreeitease..'525Main - I U25fN 0 ATTACHMENT #2 SCALE- VG'-?- W 0 F., 0 0 ATTACHMENT #3 12/03/98 15 : 18 001/001 XCORDC g[FICATE-�]F.LIABILITY-.-INS1UR rI MV/DDI812 VY) 1 Z4_ IDOL! R ;�Y' I ONLY AND CONFERS NO RIGHTS UPON THE CERTIF10 (000-/0 , HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND William Kaley ins. ServiceaR 0 ' ALTER THE COVERAGE AFFORDED BY THE POLICIES BE Calif License #OB23734 '8 COMPANIES AFFORDING COVERAGE fa /U2 11Y8 l- 17602 17th St. #102 ' MMOANY Tustin, CA 92780 it) &'bse4T A TIG PREMIER INSURANCE Co. INSURED COMOANY MICHAEL MEHALICK DESIGNER COMPANY 525 MAIN ST. C HUMINGTON BEACH, CA 92648 COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AS&E. FOR THE POUq INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHI CERTIFICATE MAY BE ISSUED OR MAY PERTA;N, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TH EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTNEPOUCY FxPRATtO LTR TYPE OF INSURANCE PO'1CY NUMBER DATE (MMIDDIYYI I DATE (MMIDOrrn LIMITS GENERAL LIABILITY '2, OVU-, 0700 GENFRALAGGRE3ATE . 3 =1 COMMERCIAL GENERAL VAStLITY I PRODUCTS - COM Plop AGG S 114 QL=E1j_ CLAWS I 61ACIEW OCC' R' Ltt.RSONAL & AOV IIJURY I S OWNER'S a CONTRACTORS PRc TBOP2 8 6 9 9 7 3 '9-22-38 9-22-99 1 EACH OCCURQEN(G5 sT1, D-tFO TM I ff -m-rr—nwA i AUTOMOBILE LIABILITY I ANY AUTO L. ALL. OWNED AUTOS SCHEOULEDAU'rCS A _X� HIRED AUTOS +BOP2869973 .9-22-98 NOV-OWNEDAL)TOS GAGE '.IAB,L,TY F-4 ANY AUTO EXCESS LIAR:LiTY UMBRELLA FORM OTHER THAN_UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRJETORJ )NCL ID p- y Ci:y Atto PART4SIkSiExECuTIVE OFFICERS ARE: C ­­ E EXC -ffF-_—r-cRiPTid4-diF-a -PERATioNsrLddATION ENE HEE&SPECIAL ITEMS FIRE CAIJAGE (Any ono firo)i S MEDEX?(Anyor-epomon) 3t I FC­DMB NED SINGLE L111 T $:L 0 0 0 0 0 0 5001LY %NA.RY (Per person) S II 9-22-99 BODILY -9 �.RY jPurawdent) PROPERTY DAMAGE Is . AUTO ON:y - EA ACCIDENT, 3 OTHER THAN AUTO ONLY; EACH ACCIDENT 3 AGGREGATESS EACH OCCURREMCE AGGREGATE S I El. EACPA ACCIDENT 13 1 iney E L DISEASE • POLICY LIPJ-T S EL DISEASE • rzA EMPLOYEbs CERTIFICATE HOLDER IS NAMED. AS ADDITIONAL INSURED. II "EXCEPT 10 DAYS NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM - ; -7�. CIELL7A ai�- SHOULO ANY OF THE ABOVE DESCRI13ED POLICIES BE CANCELLED BFF014 CITY OF HUNTINGTON BEACH EXPIRATION DATE THEREOF, THE ISSUING COMPA4Y ATT14 S PAUL LARKIN DAYS WRITTEN NO=E TO THE CERTIFICATE HOLDER NAMED 1161m; 2000 MAIN ST- HUNTINGTON BEACH, CA 92648 AUTHPRIZED REPRESENT VE �ACORD'2B=S`;(�195)''_ '`' ._ :_�L._... - �..--:QACORD:COFtpQ�ATIQN�19h DEC-03-:958 15:16 9a% ATTACHMENT #4 - CITY OF HUNTINGTON BE ., MEETING DATE: April 7, 1997 DEPARTMENT ID NUMBER: AS97-011 Council/Agency Meeting Held:= /7AZ Deferred/Continued to: ' — Approved J3 Conditionally Approv d 0 Denied S-o — City Clerk's ignature Council Meeting Date: April 7, 1997 Department ID Number: AS97-011 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION tn SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS i SUBMITTED BY: PREPARED BY: UBERUAGA, City Administrator��-� ROBERT J. FRANZ, Deputy City Administrator DOWNTOWN MAIN STREET LIBRARY RENTAL SP Statement of Issue: The Main Street Library rental space of 780± square feet, after being used by the Orange .County Legal Aid for 16 years, is now vacant. Library Services would like to rent this property for a compatible use. Funding Source: None Recommended Action: Staff recommends the property be rented for a commercial, non - retail use. Alternative Action(s): Do not rent property. Analysis: The property in question has previously been occupied with an office use, which operated with very low pedestrian traffic and mostly by telephone. The area has a General Commercial Zoning designation and is. part of District #6 of the Downtown Specific Plan (attached as Exhibit "A"). The rental is connected to and a part of the existing Main Street Library building. It has minimal parking facilities. Public access to the rental must be kept to a minimum to minimize conflict with library pedestrian traffic. The rental does not have separate washroom accomodations and retail signage and traffic could conflict with the present library use. Staff recommends therefore that City Council declare this rental as not compatible for any type of -2- 03/18197 8:35 AM l RCALIREN.DOC M l.GQUEST FOR COUNCIL AGT.JN MEETING DATE: April 7, 1997 DEPARTMENT ID NUMBER: AS97-011 retail business and that any suggested rental use, office or otherwise, be maintained with minimal pedestrian access and parking requirements. Environmental Status: nla Attachment(s): 1. Sketch of library Rental Space 2. Exhibit "A" RCALIREN.DOC -3- 03118/97 8:35 AM �J j Is 15?i1A 1S ON003S 15 OdlHI IS NIMIN Q 'IS HAIJ C� C� � 0 . 'IS HixiS a 0 1S HiN3/139 1SLm HiHJ13 ui MIN 'IS MR 04 0 U_ LL z CL Uz so V �� O N 0 �- U z Uwz x U)zZ ° o z o= z 4 i 0 . EXHIBIT "A" 0 4.8 DISTRICT 96: MIXED USE;_COMMERCIAL/OFFICE/RESIDENTIAL u ose. This District encompasses the area north of the Downtown core and includes the public library. It is intended to provide a location for neighborhood commercial enterprises to serve surrounding residents, as well as office space, public facilities and residential uses. This mixed use node will anchor the inland end of the Main/Pier corridor. Boundaries. District #6 consists of the blocks located between Sixth Street and Lake Street from Orange Avenue to Palm Avenue. 4.8.01 Permitted Uses. (a) The following list of uses which establishes new neighborhood commercial uses and which cater to year round residents in District No. 6 may be allowed. Other commercial/ office/ residential related uses not specified herein may be allowed subject to the approval of the Director. Change of use shall be subject to the approval of the Director. For Example: Antique stores Art Gallery Bakeries Banks Barber, beauty, manicure shops Bicycle sales, rental and repair Bookstores Clothing stores Delicatessens Drug stores Dry clearing Florists Glass shops Groceries Hardware stores Ice House Laundromats, laundries Newspaper and magazine stores Newsstands Offices Outdoor dining pursuant to S.4.2.32 Photographic studios Photographic equipment sales Photographic processing Public facilities Shoe repair ' Shoe stores Sporting goods Tailor shops Travel agency Undertakers G:DlVrMVNSP 39 Downtown Specific Plan Revised 611/95 (b) The following list of uses and any new construction, or change of such use in District No. 6 may be allowed subject to approval of a Conditional Use Permit. For example: Dancing and/or live entertainment . Health and sports clubs +. Liquor stores Permanent parking lots and parking structures Residential Uses Restaurants (c) Residential uses are allowed in conjunction with commercial uses and/or separate from commercial uses in this district subject to conditional use permit. Single family dwellings are subject to the Design Review Board process. (d) The frontage on 3rd and Lake Streets between Orange and Palm Avenues may be _.. residential. _ 4.8.02 Minimum Parcel Size. The minimum parcel size for development shall be two thousand five hundred (2,500) square feet and twenty-five (25) feet of frontage. Existing parcels greater than twenty-five (25) feet in width shall not be subdivided to create 2,500 square foot lots. 4.8.03 Maximum Density/Intensity. The maximum intensity of development shall be calculated by floor area ratio (FAR) for this District. The floor area ratio shall apply to the entire project area. Floor area ratios shall be calculated on net acreage. (a) The maximum allowable number of residential dwelling units shall be 1 du/1,742 square feet net lot area or twenty-five (25) units per net acre. (b) Lot Size Less than half -block Half -block or greater Maximum FAR 1.5 2.0 4.8.04 Maximum Building Height. The maximum building height shall be as follows: Lot Size (Frontal e) . Height less than 100' 2 stories/30 feet 100' up to but less than 3 stories/35 feet a full block full block 4 stories/45 feet 4.8.05 Maximum Site Coverage. No maximum site coverage shall be required in this District. 4.8.06 Setback (Front Yard). The minimum front yard setback for all structures exceeding forty-two (42) inches in height shall be fifteen (15) feet; Exception: Parcels fronting on Fifth and Third Streets may be reduced to five (5) feet and parcels fronting on Main Street must build to within (5) feet of the property line. G:DIVN WNSP 40 Downtown Specific Plan Revised 611/95 Note: The build -to requirement can be satisfied by extending any of the following to within five (5) feet of the Property line: 1) the facade of the ground floor level; 2) a plaza or patio used for open-air commercial activity; 3) a low -wall or fence (not exceeding forty-two [42] inches in height), planters or other architectural features, which extend along at least fifty (50) percent of the frontage along the lot line; 4) two (2) side walls and second story facade. Note: The following may be permitted in the front yard setback on Fifth Street, Third Street and Main Street: benches, bicycle racks, transparent wind screens and open-air commercial facilities. 4.8.07 Setback Side Yard). The minimum side yard requirements shall be as follows: (a) Interior yard requirements, for residential development, shall be ten (10) feet; non residential may be reduced to zero. (b) Exterior yards require not less than fifteen (15) feet, from a public ROW. 4.8.08 Setback (Rear Yard). The minimum rear yard setback shall be three (3) feet from the rear property line. Structures may also be cantilevered to within three (3) feet of the rear property line. Note: An additional ROW dedication will be required to widen the alley to twenty-four (24) feet. No more than one-half (1/2) of the total alley dedication shall be from one (1) side. 4.8.09 Setback (Upp�ry). The covered portion of all stories above the second shall be setback an average of an additional ten (10) feet from the second story facade. 4.8.10 Open Space. Parcels within this District having one hundred (100) feet or more of street frontage, shall provide public open space. All non-residential developments shall provide a minimum of five percent (5%) of the net site area as public open space on the street Ievel, or above a semi -subterranean parking structure. Access to the public space shall be provided from the street Ievel. Mixed use developments which include residential units, shall also provide public open space to five (5) percent of the net site area. Full block developments on Main Street require public plazas. These street level public plazas shall be incorporated into the design of the development and approved by the Director. G:I)WNTWNSP 41 Downtown Specific Plan Revised 611195 0" 0 RCA ROUTING SHEET INITIATING DEPARTMENT: Administrative Services SUBJECT: Approve the Lease of Downtown Library Space COUNCIL MEETING DATE: December 21, 1998 RCA ATTACHMENTS ...: :STAT.US .. Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attomey) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attomey) Attached Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (lf applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATIQN FOR;:MISSING'ATTACHMENTS REVIEWED RETURNED:: FOR RDED Administrative Staff { ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) { ) ( pw1 ) City Cleric { ) ,EXPLANATION FOR RETURN, OF ITEM: CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK CALIFORNIA 92648 LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: \JQY?UarU #, j 1 `I F TO: M 'M a -e� ",64-% C.k—, ATTENTION: aee � Name _ 1 DEPARTINIENT: et . 5?'Z%4A' REGARDItii `G: Zp&� Yc�/YiP� i Cite, State, Zip � AWIV L, 6raru rr�X See Attached Action Agenda Item 1E -7 Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. �9" Connie Brockway � City Clerk Attachments: Action Agenda Page Remarks: Agreement ✓ Bonds Insurance V RCA Deed Other CC: L411e A __z Namr Dt Rment RCA Agreement Insurance Ohcr Name Department RCA Agreement Insurance Other Name RCA Agreemenr Insurance Other Department NEtme Department Risk Management Dept. RCA Agreement Insurance Other Insurance Received by Name - Company Name - Date G:Eollo%supkoverltr 1 Tel a phone: 714-536-5227 ) i • CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: Q71UQr 1999 TO: -L7�eXp57 Nam e n !U jX /4 ! Street man-4- a/I4, 0a-4 lF, 9,270V City, State, Zip ATTENTION': DEPARTMENT: REGARDING:.CPGtS[ �Gr`Pn� uJA/ See Attached Action Agenda Item Date of Approval 9 If Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page CC: Name Agreement ✓ Bands RCA Deed Department tVame Department Dame Department Name Department Risk Management Dept. Insurance Other RCA Agreement Insurance Other RCA Agreement Insurance Other RCA Agreement Insurance Other RCA Agreement Insurance Other Insurance Received by Name - Company Name - Date &Foflowuplcoverltr ( Telephone: 714.536-5227 ) (9) 0 12/21/98 - Councilivency Agenda - Page 9 E-5. (City Council) Approve City Acceptance_ From PLC Land Company Of A Sewer Line Easement Within Tract No. 14356 (The Bluffsl - n/w, Corner Of Garfield Avenue & Edwards Street (650.80) - Accept Sewer Line Easement within Tract No. 14355 (The Bluffs) from PLC Land Company and authorize the Mayor and City Clerk to execute the Sewer Line Easement from PLC Land Company to the City of Huntington Beach and instruct the City Clerk to record the document with the County Recorder. Submitted by the Public Works Director [Approved 6-0 (Julien: Absent)] E-6. (City Council) Accept Bids For Repair/Replacement Of Street Improvements Along Scenario Qrive - MSC-398 - Approve Contract With Kalban, Inc. (600.90) - 1. Accept the low bid submitted by Kalban, Inc. and approve and authorize execution of the City —funded Construction Contract Between The City Of Huntington Beach And Kalban, Inc. For The Reconstruction And Improvements Of Various City Streets (MSC-398). Submitted by the Public Works Director [Approved 5-0 (Julien: Absent, Harman: ABSTAINED)] E-7. Cit Council Approve Lease Agreement Between City And Michael Mehalick For Downtown Wbraa Annex Space (600.10) -Approve and authorize the Mayor and City Clerk to execute a Lease Agreement Between The City Of Huntington Beach And Michael Mehalick For The Premises At 525 Main Street (Library 790-Foot Annex) In The City Of Huntington Beach for a term of one year 1011/98 - 9/30/99. Submitted by the Acting Director of Administrative Services. [Approved 6-0 (Julien: Absent)] E-8.(City,Council Adopt Resolution No. 98-99 - Revision Of Huntington Beach Employe ,Deferred Compensation Plan (700.55) - Adopt Resolution No. 98-99 'A Resolution of the City Council of the City of Huntington Beach Amending Its Deferred Compensation Plan." Submitted b the Acting Administrative Services Director [Approved 6-0 (Julien: Absent)] E-9. (City Council) Accept Progress Report On The Mobile Home Advisory Board (430.80) - Receive, review and file the report and accept the report as complete - Report To The City Council On The Activities And Actions Of The City Of Huntington Beach Mobile Home Advisory Board. Submitted by the Econogiic Development Director [Approved 6-0 (Julien: Absent)] E-10. (City Council/Redevelopment Agency) Approve Continuation Of Mortgage Credit Certificate (MCC] ro ram In Cool2eration With County Of Orange (600,25) - Approve the continuation of the Mortgage Credit Certificate Program in cooperation with the County of Orange, as set forth in Resolution No. 97- 001 adopted by the City Council on January 6, 1997. Submitted by the Economic Development Director [Approved 6-0 (Julien: Absent)] E-11. (City Council) Employee Classification And Compensation Study - Approve Consultant Agreement - Between City & Johnson & Associates (600.10) - 1. Approve the selection of .Johnson and Associates to perform a limited classification and compensation study for a cost not to exceed $50,000, and approve and 2. Authorize the Mayor and City Clerk to execute a Professional Services Contract Between The City Of Huntington Beach And Johnson & Associates For Classification And Compensation Study. Prepared by the Acting Director of Administrative Services