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HomeMy WebLinkAboutREX REYNOLDS - 1970-02-16 41 e Oki r10 1 LEASE OF REAL PROPERTY ,� r�1v ,� 2 3 1. LEASE. City of Huntington Beach, whosr- address is s 4 Post Office Box 190, Huntington Beach, California 9264$, herein 5 called LESSOR, hereby leases to Rex Reynolds, whose address is t i 6 Post Office Bcx 75$, Huntington Beach, California, ard: who is p� 7 engaged i�l the business of boarding horses and teaching horseman- �4 8 ship, herein called LESSEE, and LESSEE hereby leases from LESSOR, k4 9 the following deceribed real property, located in the City of l0 Huntington Beach, County of Orange, State of California, and more 11 particularly descz �s follows: 12 The 15 acres, more )r less, of the North half of the Northeast quarter cf 13 the Northeast quarter of Section 34, Township 5 South, Range 11 West, partly 14 the Rar.cho LF-s Bolsas and partly in the Rancho La Boi sa Chica, as ;-how.n orx 15 a map recorded in Book 51, page 13 cf 1' �( Miscellaneous Maps, records of Orange lu County, California. 17 2. TERN;. The term of this lease shall be month to 18 month, eommenc4-ng on the ist day of April, 1970, and ec.itinue 19 month to month thereafter until terminated as provided hereinafter t 20 in this lea:�,e. 21 3. RENT. In considerst'ion for ",,he leasing; of said prop- 22 erty, LESSEE agrees to pay to LESSOR as rent for said property 23 the sum of Ninet and no/100ths Dollars ($90.00) per month, payable 24 in advance o�i or before the first day of each month during the 25 entive term of this lease. LESSOR acknowledges receipt of the sum 26 of One Hundred Eighty and no/100ths Dollars ($180.00), representing 2,7 payment of the first and last months rent. r 28 USE. LESSEE shall use the property leased in a 29 careful and prope- v anner, and shall coinrly with ail laws, crdi- So nances and re6ulat oris rel-,ting to the possession, use or me .:te- 35. nance of the property. Said property shall be uaed ,only for the 32 purpose of board�4n ; horses and teaah ng horsemanship. TASSEE - shal'i obtain all necessary licenses and/or permits. 5. MAINTENANCE. LESSEE Shall maintain said leased � r 3 property with proper rare and keep said property clean and neat, ci v. LOSS AND DAMAGE. LESSEE hereby a.s Fumes all risk of 5 loss and damage to the p3-)perty lessee from any .use. No loss or a damage to the property leased shall impair any obligation of tha 7 LESSEE. under this lease, whj ch shall continue in full force and g effect. g } It RETURN C-e PROPERTY. LE<)SEE by entry hereundar ac- 1p cepts the premises as bei.rg in good and sanitary condition. LESSEE ll agrees that on expiration of thin: lease, LESSEE shall return said 1 J,� lea�,od , op_:,rty to LESSOR, and shall quit possession of same in 13 � the game cor_dition as received, act of God or the elements accepted 14 8. REMOVAL OF IMPROVEMENTS. LESSEE agrees and covenants 15 ghat he will, at his own cost and risk, at or before the expira- t 16 tion of this lease, remove an,; and aIl buildings, fixtures and im- 1.7 provements that may ce constructed or placed upon the leased prop- 18 ierty; LESSEE further agrees that prior to the construction nr 1a placement upon the Leased property of any building, fixture or im- 2G provement, LESSEE shall furnish to LESSOR a lorporate surety bond 21 in an amount acceptable to the LESSOR, cUnditioned on the LESSEE'S 22 faithfully performing the terms and provisions of this paragraph. 23 r 9� 1118PECT.iON 8Y LESSOR. LESSOR at all times during 24 LESSMI S business hours has the right uo enter on the leased premi- 25 sea for the purpose of inspecting same. 26 10. UTILITIES. .LESSEE agrees to pay LESSOR said rent as s 27 hereinabove provided, and in addition thereto, to pay when due, all electric, gas a other li.ghtIn , heating and power rent and 2 and 9 charge. accruing or payable in cornecti.on with said property during 30 f.the term of this :lease. LESSOR agrees to pay all slater charges 31 accruing or payable in connection with the leased property during 32 the term of this lea-�e, �rt 1 11. ASSIGNMENT. LESSEE agrees no: to assign or sublet 2 this lease, and not to wake or suffer a..y alteration to be made in 3 or on the leased property, without the written consent of the 4 LESSOR, provided, however, LESSEE may engage in the business of y 5 boarding and stabling horsf s on such premises. 6 12. IMPROVEMENTS AND REPAIRS. It is specifically 7 agreed and, understood that LESSEE shall not calf_ on LESSOR to make 8 any improvements or repairs on tr:e leased property of any nature ~, g whatsoever. 10 13. TAXES. LESSEE recognizes and understands in 11 iiaccepting this lease that his interest therein: may be subject to 12 a possible possessory interest or other tax that the city or 13 county may ir=,.,se, and that such tax payment shall not reduce any .. . 14 rent due the LESSOR, and any such takes shall be tr:;} liability of 15 and be paid by the L SSZE. 16 TERMINATION. This lease shall be subject to 17 cancellation and termination by either party at any time during 18 � the term hereof by giving the other party notice in writing at 1'9 '! least thirty (30) days next prior t'a 'ne dame when such termination 20 shall be,.ome effc :,,five. In the event of such termination, any 21 unearned rental paid by LESSEE shall be returned to LESSEE. 22 15. INDEMNIFICATION. This leas is mi de upon the ex- 23 press condition that the City of Hlintington Beach, its officers, 24 agents and employees are to be free from al?, liability and claim 6i 25 for damage by reas �rA of any Injury to any person or persons, in-K 26 cluding LESSEE, or property of any kind what, aver and to whomso- 1;k , 27 ever belonging, including LESSEE, from any cause or causes what-- 28 sgever while in, or- pon, or in any way connected with said Leased 29 property or the sidewalks adjacent thereto, if any, during the tern 30 lot this lease or any extension hereof or any occupancy hereunder, 31 LESSEE hereby covenanting and agreeing to Indemnify and save harm-- ' 32 Ile--,$ the City of ftunting cn beach, its officers, agents and em- 3. 1 t 1 ployees from any liability, loss, cost, and obligation on G;ccovnt 2 of or arising out of any such injuries or losses however occurring. . r i 16. INSURMCE. LESSEE shall, at his own expense, take 4 out and keep in force during the within tenancy (a) public 5 liability Inst-rance in a company or companies to be approved by s 6 LESSOR, to protect the City of Huntington Beach, its officers, 4. } k 7 agents and employees against any liability to the public, incident 8 to the use of, or resulting from injury to, or death of, any 9 person occurring in, �r about, the !eased premises, in the amount 10 of not less than $100,,000, to inderi-anify against the claim of one 11 (1) person and in tie amount of not less than $300,000 against the 12 claims c-f two (2) or more persons resulting from ar_y -,ne accident; 1.3 and (b) property damage or other insurance, in a company or 14 companies to be approved by LESSOR, tc, protect the City of Hunting- 15 ton Beach, its officers, agents aLid employees, against any and 16 every liability incident to the use of or resulting from any and t 17 every cause occurring in, or abrut the leased property, including 18 any and all liability of LESSOR. for damage to vehicles parked on 19 the leased premise:, in the amount of not less than $50,000. Said 20 policies shah inure to the contingent liabilities, if any, of 21 ��. the City of Huntington Beach, and the officers, agents and em- 22 nloyees of the City of Huintington Bea eh and shall obligate th 251 i.s.surance carriers to notify F.ES,SOR, in writing, not less than 241 fifteen (1 ) days prior to the cancella _ . cbereof, car any other ". 25 change affect,.ng the coverage of the policies. If said policies St,f 26 contain any exclusion coneej ni rg property in the care, custody or ; fa 27 control of the insured, an endorsement shall be attachsd thereto �. 28 stating that such exclusions shall not apply with regard to any 29 liability of the City of Huntingtin Beach., its officers_, agents 30 or employees. LFSSEE shall furni-4b to LESSOR a certified copy of 31 each and ever such polic7 within not more than ten (10) days 32 , after the erlocti e dato, of tha polloy. LESSEE agrees that if r 1 LESSEE doe., not keep such insurance in full force and effect, 2 LESSOR m'_y take out insurance and pay the premiums thereon, and the 3 repayment thereof shall be deemed to be additional rental and pay- 4 able as such on the next day upcsa which rent becomes due hereunder. 17. ATTORNEYS FEES. In the event of any action filed ' s in relation to this lease, LESSEES in adciton to all other sums 7 LESSEE may be called or_ to pa shall y y, pay to LESSOR a reasonable Via= 8 sum for LESSORS attorney's fees. �x 9 lu. APB'LICA):-,E LAGS. This lease sball be governed and 10 construed under the laws of the State of California. ?� 19, NOTICES. Any communication between LESS,CR and 12 USSEE, payments and notices provided herein to be given or made, 13 may be given or made by mailing the same to LESSOR or LESSEE at 14 each of their respective addresses given above, oi- J such other 15 addresses as either party may in writing hereinaf indicate. 16 WIT,4ESS OUR HANDS AND SEALS the day, month and year 17 appearing below, 18 DATED: 1970 19- CITY OF HUNTINGTON BEACH 20 y yj 21 By fed ! 22 gay or ATTEST: AFPROV'ED AS TO FORM: 23 ?ON P. BON FA, City Attorney City @5rk _ $ r/ 254. r3�eputy City Attorney 26 s nsm ; r 27 . r+ r EDlx" ✓ 1970. 29 `F P,Z o REX REYNOLDS 3 a 1 t: z, d 00 L E A S E THIS LEASE is made and entered into at Sa,Lta Ana, California, on March 4, 1971, by anu �etwcen W3. L. CUR_."") and JOE CURTIS, refer red to collectively ..eLein as "Lesso.L._ and � REX REYNOLDS, an individual, referred to herein as "Lessee". R E C 1 ,y 1. .L S: { f Lessors own cer!,�:,- 1 .air,.,roved real property ti_L 6, z; C'.ty of Huntingfcn :o _y of Orange, State of Cai:.f:_-_nia, more: particular'- .ed ::: Exhiz�it "A" attached h.:_ o c—d incorporated herein by t11is reference and hereinafter _ erred to as the "Leas�:d Premises". 5 Lessee desires to '% wse this .raw acreage and iiaprc.,ie it so as to operate a horse stf =Ae under the Lictitious irm E' name of "Rex. Reynolds Boardi'g staple".., VOW, THEREFORE, in cons...I,eration of the foreg,. ng and of the rents, coaditio+ns, terms and covenants herein co..cained, the parties hereto agree as ;.^ .lows: PREMISES Lessors do hereby let, yease and demise to Lessee, and Lessee does hereby lease and tame from Lessor; Jnr the t"rrq, at the rental and upon the conditions, covenants and provisions set forth in this TAease, those certain unimproved premises more particularly described on Exhibit "A" attached hereto. _.._ a II TERM Section 1. Period and Commencemenu. The term of this Lease shall be for a period of one (1) c year commencing on march 4, 1971 and ending on March 3, 197%. ,q Section 2. Cancellation. At any time during the term of this Lease either part; ' tw ' hereto -ay terminate this Lease upon ninety (90) days pr:.or written notice to the other. ". Section 3. Extension of Term. Lessee shall have the option to exr-end the ter:1 oa this Lease at the same rentil for an additional two (2) year r:s period upon written notice tc Lessors given at least sixvy ,00) t days prior to the termination of the initial term of this Lease. ' E in the event of such an extension, Lessee agrees uo pay any f increase in real property taxes which may be assessed }1. the x Leased Premises during such ex 4enued term over buy-h a., are assessed 4a ring the initial term. iI2 USE OF PREMISES Section 1. Type of Use. Lessee shall use the Leased Premises for the purpc se of conducting a business generally engaged in boarding, renting ° and caring for horse~ , together with al:. customarily related uses of a horse stable operation. Section 2. Compliance With Law. Lessee agrees that all of Lessee's operations or activities on the Leased Premises shall be conducted in compliance with all applicable statutes, ordinances, laws and governmental rules and regulations of every nature and effect, including, with-- out limitation, all zoning laws and ordinances and a:t k health { y and business permits, Lessee further agrees not ro commit any public or private nuisance thereon, 1V RENTAL " t Lessee agreeG to pay to Lessors, as rental for the p :*� Leased premises, payable monthly in advance without offset or r' seduction, on the first business day of each of the twelve (12) calendar months during said term, the sum of Ninety Dollars ($90.00) per month. r a; MAINTENANCE AND ALTERATIONS �.8 Sectiou 1. Maintenance. Lessee agrees that he will., at his own cost and expenses, keep the Leased Prem'srs and improvements thereon, and every part thereof, except as hereinafter provided, in as good order, condition and repair as they shall be upon commencementccf the term of this Lease. Section 2. .Additions ,and. Alterations. Lessee, t en now in default of performance of any ,£ his ob.i.igationa hereunder, shall have the ricrht, during Lze term of this Lease, from time to time, to construct and buil . all such corrals, stablc,s, fences and other improvements as :ae reasonably desires on the Leased Premises. The Lessee agree, to erect and maintain a fence or other adequate barricade completely surr«-anding and sealing from entry those two certain abandoned oil wells located on the Leased Promises:. Upon termination of this Lease, Lessors, at th rir. option, may zequire the removal. by Lessee, at his expense, of al1 buildinq� and improvements -�nd tither property installed, placed or attached to, or in or about the Leased premises by Lesson. Any ;suchh property of Lessee no-a removed from said Leased Premises within twenty (20) days after expiration or ter- m ,»ition of this Lease shall at the caption of Lessors be deemed abandoned by Lessee and shall become the property of Lessors, Section 3. Mechanics' Liens. 4. Lessee shall furnish 'Lessors with a California Mechanics a*nd Material Lien bond to insure payment of the t )i cost of all such improveme*.':s (including but not by way of " limitation, all grading work) and work done by parities or SF�yh, e!?tities other than Lessee or his i=erliate family. Moreover, F i,essee will not permit z1% mechanics, laborers or materialmans lien to stand against the Leased premises for any labor or r material furnished to Lessca or cl�irted f.o have been fur .ished to Lessee or to Lessee's agents, contractors or sublessees, in connection with work of any character perforned or claimed to have been performed on said premises by or at the direcux,.�n of Lessee, provided, however, that Lessee shall nave the ric.1t to contest the validity or amo4nt of any such ..,i.ea or cs -imed lien so long as Lessee shall give to Lessors reasonable security, which, need not exceed one and one-half times the ramo"nt Gf such lien or claimed lien, as may Fie demanded by Lesscl­-3 to insure payment thereof" and to prevent any sale, :foreclosure, or forfeiture of the ;).remises by reason of such nonpayment. 2n the event a lien or claim of lien is found :o be valid, on final determinati!)n therecf Lessee shall .immedia4ely pay any judgment rea4ersd with all proper costs and charges and shall have the lien released or judgment satisfied at l esseefs sole expense,. Lessors shall at all times have the right to post and to keep posted on the Leased Premises such notices provided for under and by virtue of the laws of the State of California y4- ti t �i for the prota-ti on of the Leased Premises from mechanics liens or lie, .+f a similar nature. Section 4. 4 yes. All s4 gns and all fixtures and equipment, of every type and description, which have been or may be installed, placed or attached to, in and about the Leased Premises by 4 f Lessee shall always remain the property of Lessee and upon termination by expiration of time or otherwise of this Lease, or at any prior time, Lessee may remove all or any of sa:�d signs, fixtures and e u� (A g , q ��e}ent; so installed, planed or attached. k :y Upon the termination of this Lease, Lessors, at their option, may require the removal by Lessee, at his expense, of all " c q F i signs, fixtures, equipment and other property installed, placed "- t ` or attached to, in or about the Leased premises by Lessee. r s ,j Any property of Lessee not removed from said Leased Premises within twenty (20) days after the expiration or termination r of this Lease shall, at the option of Lessors, be deemed abandoned by Lessee and shall become the property of Lessors. VT L.AXES Section 1. Real P,4operty. Lessors agree to pay all real property taxes and assess- ,g ments levied upon the land comprising the Leased Premises; pro- vided, however, that if Lessee constructs any building or � } improvements which are tweed as secured property, Lessee shall G pay the pro rata po-tion of the secured property taxe4 attributable i to such building and/or ,.,,,jroNrements. Section 2. Pers,: 'al Propea'ty, Lessee a%jrees to pey all persorial property :.axes and � i s assessments levied upon or against all livestock, fixtores, equipment, stock-in—trade, inventories and any and all other personal property locat�d on or used in connection with the Leased Premises. r` Vil CONDEMNATION If, during the term of this Lease, there is a taking . or transfer or damage to all or any part of the land subject to this Lease for a public use by any in_�ividual or entity, T public or ?private, possessing the power of eminent domain, , �s. whether by a condemnation proceeding or otherwise( hereinafter referred to ar a "taking") the rights and obligations of Lessors } and Lessee with re•_ard to suc., taking, shall be governed by the . provisions of this Article. Section 1. Date of Taking. The date of taking as used hereinafter in this Article is defined as the atr_liest of the following dates: (a) The date legal. possession , s taken, :r"hich is the date after which the condemnor may take possession of th property as stated an an order authorizing the conr7%mnor to take possession. (b) The date a final. ord;,r of condemnation or final judgment is filed or recorded or the date a final deed is recorded in the event of a. transfer. (c) Tb , date that physical possession of the property is takers. Section, 2. Total. or Partial Taking. in the event of a total or partial taking, this Lease shall. terminate. (subject to the provisions of Section 3 herein) i, as of the date of taking as above defined, and the rental payable to Lessors shall be prorated as of that date. Section 3. Abandonment of Condemnati„n Proceedings. In the event the condemning agency shall abandon an eminent domain proceeding after termination of this Lease as provided for .in Section 2 above, then the parties xric-y, by t. - k m.i--ual written agreement, revoke and cancel such germination, Upon an express or implied abandonment, either party, heretoP .„ shall have a right to contest the condemnor's abandonmeen, and a right to its respective costs and disbursements as defined and provided for in the California Code of Civil Procedure Section 7255(a) or arty amendment thereof. s } a Section 4. Apportionment of Award, In the event that an award is made for the taking or damage of the lard which is the subject of this Lease in any action in direct or inverse condemnation, or in the event of a transfer in lieu thereof, the parties hereto agree that :Il of the award of compensation paid shall go directly to ;,kssc.;:s, including, without limitation (a) that portion of the award of compensation received for the appropriation of property, incl, Aging all damages for severance, and (b) any i,ntere: . paid on any award of compensation. Lessee hf,.xu'by irrevocable ass._gns and transfers to Lessors any right to compensation or damages to which Lessee may become entitled during the term hereof by :reason of the taking of all or apart of the demised premises, except as to that portion of any award which might be spvcif-ical.l;y allocated for improvements, trade fixtures or ether property of the Lessee. S Section 5. attorneys' Fees and Costs. Each party shall bear its own costs, attorneys' .fees, appraisers' fees and all other costs in connection with any matter contained in this Article, except as may other 'se be provided. ±_ ; Section 6. Right of Entry.. Neither party hereto shall grant a right of entry to any condemnor without the writtei< consent of the other. party z:x hereto. r � Section 7. Notices. r In the event either party hereto receives actual or a constructive notice of any acts on the, part of an entity or individual possessing thle power of eminent domain which woul.a cause or allow any of the provisions of this Article to see invoked, then in that event such parties shall .immediately notify the other party in waiting of such information. V l:l_I INSURANCE AND INDEMNITY Section 1.. Liability of Lessors. r Lessors shall not be liable at ,any time for any loss, damage or injury to the property or person of any person whoitso- ever at any time or occasioned by or arising out of any Oct or omission of the Lessee, or of anyone holding under Lessee or the occupancy or use of said Leased premises or any part thereof or directly or indirectly from any state or condition of said .Leased premises or any part thereof during the term of this Lease. Section 2. Indemnity. Notwithstanding anything to the contrary herein con- tained and irrespective of any insurance carried by Lessee or Lessors for the benefit of Lessors under the terms hereof, Lessee agrees to protect, indemnity and hold Lessors and said Y Leased Premises harmless fxom any and all damages or liability of whatsoever nature arising ur..:er the terms hereof or arising =, out of or in connection with the operation carried on by Lessee on, or any usri or occupancy of the Leased Premises. Lessee further agrees to hold Lessors finarAcially harmless (a) from the consequences of any vialat;-on of any laws, ordinances or regulations, and (b) from all clams for damages on account of injuries, death or property damage resulting from any such kg' iolation. Section 3. Insui%nee. Lessee agrees to procurer and keep in force, at his own cost and expense, during the term this Lease a policy of comprehensive public liability insurance with limits of -.ot less than $1001 000.00 as to any one person and $300,000.00 -s to any one accident and $25,000.00 as to property damages issueJj by an insurance carrier satisfactory to Lessors, and Lessors shall be named as an additional insured therein. A cei °,:cfi4-ate of said insurance, together with proof of payment of thr, premium therefor shall be delivered to .Lessors not less than fifteen (15) days prior to the renewal date of any such insurance policies dv Iing the term of this Lease. Ix DBF'AULT Any and all of the following acts or omissions by Lessee shall constitute a default of this Lease; Y (a) Use of the premises for any purpose other than a_3 authorized in this Lease; or (b) Default 1n the payment of any installment of rent or other 7ums when due and in the amount clue; or (c) Failure to pay any insurance premiu-n, lien, i claim, detttand, tax, assessment, judgment or other charg:: provided in this Lease to be paid or caused to be paid by Lessee at the time and in the manner and amount herei,nabove provided; ar (d) Failure to maintain the Leased Premises or cause the same to be maintained as provided in this Lease, or (e) Abandonment or vacation of the Leased Pre.misos for a continuous "period of ten (1G) days; or (f) Failure to perform or breach of any other covenant, r{ f condition or restriction, provided in this Tease to be kept or performed; or tg) The filing of aiiy p�,fition in bankruptcy , 'whether voluntary, involuntary or by opera—on o:1E law, or any arranc,-_ next. by or against Lessee pursuant to Chapter X or Chapter XI of the. Bankruptcy Act., or any general or individual assignment for the benefit of creditors; or (h) The filing of or placing of any lien, attachm nt, receiver or execution levied against or upon any and all. of Lessee's right, title or interest in and under said Lease, or upon any and all of Lesse's right, title or interest in any of the fixtures, equipment or other improvements to be placed upon the Leased premises by Lessee, if said liens, attachme_,ts or executions are not released within fifteen (15) days of the effective date thereof, X R-MEDIES IN EVENT GF DEFAULT Upon the default of Lessee: (a) In the -went the said default is due to the t - failure of Lessee to make the payment of any installment of rent or other sum when due, and. Lessee shall fail to remedy Y. 4 said default within three (3) days after written notice so ': a;. to do; or i (b) In the event said default is due to other than the failure to make a payment of moneys, and in the event Lessee shall fail to remedy such default within twenty (20) days after written notice so to do, specifying tl-ie nature of such default: 14 3' then and in either of said events, in addition to any otter remedy Lessor may have by operation of law, Lessors sh4 ". ,. r the right, without further demand or notice to reentex premises and eject all persons from tree premises usiz;� process of law; =::a, at the so.,�_- oj)tlon of Lessors, may - r: (a) Declare this Lease at. an end, in which event Lessee shall immediately pay Lessors a sma of money equc. tc the amoun' , if any, by which the then cash value of the ye:^t res yrved under this Lease for the balance of the leased term exceeds the then cash reasonable rental value of the premises for the balance of the leased term; or (b) Without terminating this Lease, relet the premises or any part of the premises as thu agent and for the account of Lessee on such terms and conditions as Lessors may dc_ym advisable, in which event the rents .-eceived under such reletting shall be applied first to the expenses of such reletting and collection, including necessary renovation and alterations of �-l.l- s the premises, reasonable attotneyz' fees, any real estate :t commissions paid, and second to payment of all sums due or to become due to Lessors under the Lease-, provided, , also, that if a sufficient sum shall not be thus realized by allocating such sum or other charges, Lessee shall pay Lessors any deficiency monthly, notwithstanding Lessors may have received j; rental in excess of the rental stipulated in this Lease on K previous or subsequent months, and Lessors may bring an action therefor as such monthly deficiencies shall arise. Any such reentry shall be allowed by Lessee without ^*' let or hindrance, and Lessors shall not be liable in damages for any such reentry, nor be guilty of trespass or forcioie 'o5 r entry. xx t M13CELLANEOUS Sectiun 1. Payments and. Notices. Any notice or payment to ne given or paid, or -,_.gig other document to be delivered by either party to the other hereunder may be deliverer: in person to either parry, or may be deposited in the United States mail in the State of California, duly registered, with postage prepaid thereon and addressed to tt party for whc,*a intended as follows To Lessors: c/o vea Lyn N,, Jensen, Esq. 888 North Blain Street Suite 1005 Santa ,Ana, California 92701 To Lessee: 11771 Mac Street Carden Grove, California Bi.thet party hereto may, from time to time, by written notice to the other party, designate a different address 'which shall be substituted for the one above specified. if any notice, t e payment or other document is sent by registered or certified mail as f(-�-::said the same shall be deemed served or delivered tv -:sty-four (24) hours after the mailing thereof as above provided. Section Z. Attorneys' Fees. In the event of any dispute between the parties hereto involving the terms, conditions or covenants contained J,n this Lease or otherwise arising out of the subject matter of this Lease, the prevailing party shall be entitled to recovex in f` the judgment reasonable attorneys' 1 es, expenses and coats. If Lessors shall, without any cult on the part of Lessors, )e made a party to any dispute avolving Lessee growing out cf or having relation to the Leased Premises or to this Lease, then Lessee shall pay on demand all the reasonable expenses, itterneys' fees and costs incurred by Lessors in connection with such dispute. Section 3. WaLver. Except to the extent that Lessors may have othrwyse agreed in writing, r. waiver by Lessors of any breach by Lessee of any of his abligations, agreements or covenants hereundet shall be deemed to be a waiver of any subsequent or continuing breach of the same or any other covenant, agreement or obligation, Nor shall any forbearance by Lessors to seek a remedy for any breach by Lessee be deemed a waiver by Lessors of its rights or remedies with respect to such breach. Section 4. Holdin j Over. In the event Lessee holds over after the termination of this Lease, such holding over shall not be considered as being a renewal of this Lease, and such holding over shall be construed to be a tenancy from month to month only, at the ,same rental and under the same terms and conditions as are herein. provided. Section. 5. Successors and Assigns. Subject to the limitations on assignment, subleasing ter and insolvency, this Lease shall ,e binding upon and inure to the benefit of the respective successors and assigns of r , the parties hereto. Any transfer of this Lease whether by Lessee or any assigns of Lessee by operation of law or ;ay voluntary assignment, without the consent of Lessors, shall, �t not diminish, alter or prejudice the direct and primary ,_iaLllity of Lessee under this Lease and the covenants hereof. Section 5. Inspection. Lessors shall at all reasonable times during Lessee's business hours have access to the premises for the purpose of inspection or repair.. Section 7. Relationship of parties. The relationship of the parties hereto is thF-.-.. of uessor and Lessee only, and it is expressly understood and agreed that Lessors do not in any way nor for any purpose become a partner of Lessee or a joint venturer with Lessee in the conduct of Lessee's business or otherwise and. that the provisions of any agreement between Lessors and. Lessee relating to rent are Made solely for the purpose of providing a method whereby rental payments are to be measured and ascertained. Section 8. Time. Time is expressly declared to bc: of the essence of this Lease, Section g. Readings and Numbers. The marginal headings or titles to the paragzaphs and Articles of this Lease are not a part of this Lease and _i�w shall have no affect upon the construction or interpretation of any parr- of this Lease. Whenever the singular number is used in thiv Lease and when required by the context, the same shall include the plural, and the masculine gender shall include the feiv: nine and neuter genders and the word "person" shall include corporation, partnership, firm or assoc-aLion t or any combinati3n thereof. Sectioix 10. Quiet Er_joyrnent. >: Provided the Lessee performs all of his covenants, agreements and obligations hereunder, the Lessors covenant hat Lessee shaJ1 have the eace al and quiet enjoyment of the Leased Premises without lez or hindrance on tae pa .- of ` the Lessors, and that Lessors will warrant and defend :.ne Lessee in the peaceful and quiet enjoyment of the Leased Premises `` against all claims of all persons claiming by, through .,r under the Lessors. Section 11. Entire :agreement. This Lease contains the entire agreement of t".a parties hereto with respect to the matters covered hereby, and :.o rzher agreement, statement or promise made by any party heret;c or to any employee, office; or agent of any party hereto, which i not contained herein, shall be binding or valid. IN WITNESS WHEREOF, Lessors and Lessee have causek this Lease to be executed as of the day and year first above written. IV W. L. CCRTIS REX RE iVULAS JOB GJRTTS r 'y "Lessee" "Lessors" , _l5- k ' STAT-a OF CALIFORNIA ) ss. COUNTY OF '�yw ) On March 1971, before me, the Lndersigned, a Notary Public in and for said County a;id State, personally , - appeared W. L. CURTIS, known to me to Le the person whose name I' 3 is subscribed to the within instrument and acknowledged to me that he executed thE, same. .r WITNESS my hand and official seal. 2 ;; �r�,a.n.,,n..m•.m .. _ n. a ,. _ _ ._�� .. � r� ;.. OFFICIAL SEAL •"• _ PATRICIA L. CANNON 1 f40TARY POSLI: --CALIFORNIA C PRINCIPAL OFFICE IN Notary Public in and for said A COUN�1973 e H. ; { soNor>n County and State i My Commission Expires Oct.29, �Y STATE OF CALIFORNIA ~ t +'x COUNTY OF On March ,, L� , 1971, before me, 'she undersigned, a Notary Public in anddffo.: said County and c,tate, personally appeared JOE CURTIS, known to me t) be the person whose A:me is subscribed to the within instrument and acknowledged to me that he executed the same. a WITNESS my hand and :,ff.-Lcial seal. r4-- OFFIClAt SEAL � PATRICIA L. CANNON t , u lti 5 NOIARY POOLIC —CALIWRNIA --�+-- - PRINCIPAL OFFICE III Notary publ� c. in and. for said SCsNOMFt COUNTY ; County and State 't My Commission Expires Oct 29,«973 , STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE j On Marcn , 19"01, before me, the undersigned, a Notary Public in and for said County and State, personally appeared REX REYNOLDS, known to me to be the person whose name is subscribed to the within instrument a.^d acknowledged to me that, he executed the same. i WITNESS my hand and official seal. E e �a4oal:yv}o.pae8a��s�cwse�46M4s �~ MARGARET E. WHITE p NQ7Ak7Y'PtJFtLdC«CALL-FOPNIA 4 RRIVCIPAL OfffCt: IN o Notary; Public in and for said. GRAN-E COUNTY o m ormw 4W my Iw-fwro AV$.11,1974 � County and State e�aaaataa•aaa*a�ma•r+aaaa+►�e$aea { r f LEGAL DESCRIPTION All of that property located in the County of t. Orange, St, te� of California, described as follows; E Parcel l: The North half of the East half, &!�`t. e Northeast quarter, of the Southwest quarter of the Northeast quarter of Section {'p 34, Township S South, Range 11 West in the Rancho la Balsa Chica in the City of Huntington k' Beach, County of Orange, State of California. Parcel 2; The West half of the Northwest uarter of the Southeast uarter, of the q + q , : Northeast quarter of Section 34, Township 5 South, .Range 11 West in the Rancho la Eolss Chica .in the City of Huntington Beach, County of Orange, State of California. ' i M a j r t t Exhibit:"A" 3 �: C t ` 1: k ASSIGNMENT OF LESSOR'S RIGHT IN MONTH-TO-MONTH TENANCY THIS ASSIGNMENT, made this 28th day of May , 1974, by RUTH CURTIS, Executrix of the Estate of William L. Curtis, ' Deceased, to CITY OF HUNTINGTON BEACH, a municipal corporation. 1, R E C I T A L S: 4` 1. The following described real property is now owned by the Estate of William L. Curtis, Deceased, to wit: The Northeast quarter of the Northeast quarter of the Southwest quarter of the Northeast quarter of Section 34 in Town- ship 5 South, Range 11 West, San Bernardino Base and Meridian, in the City of Huntington Beach, County of Orange, State of California. 2. The City of Huntington Beach concurrently with this Assignment is acquiring title to the above described real property, excepting therefrom all oil, gas, minerals, and other hydrocarbon substances or byproducts or other, derivatives -therefrom at a level below 500 feet from the surface thereof. ' 3. The above described real property is leased on a month-to-month tenancy to REX REYNOLDS In connection with such month-to-month tenancy the lessor has received $ -D- in advanced monthly rental, $ -'0- as a security deposit, akid $ -0- as a cleanup deposit. 1 a 4. As part or the agreement for the conveyance of the � - above described property to the City of Huntington Beach, lessor h; is required to make this assignment of all of its rights under such month-to-month tenancy, and to prorate advance rentals '" received as of the date of close of escrow. The lessor is also required to forward to the City the amount of any security deposit .' '; or cleanup deposit as delineated above. Such proration shall take : t place during the closing of the above referred to concurrent con- veyance to the City of Huntington Beach. 5. On the 28th day of May , 1,974, the executrix of the William L. Curtis E,,tate received permission from the Superior Court of the 5tat-, of California, for thr County of Mendecino, in which such probate is pending, to make this assignment. NOW, THEREFORE, in consideration of the conveyance of the above described real property to the City of Huntington Beach, and of the premises set forth in the recitals of this assignment, Ruth Curtis, Executrix of the Estate of William L. Curtis, Deceased, hereby assigns all interest as lessor of the above described .lease to the City of Huntington Beach, together with all rights to hereinafter receive all rents or other usages of thp. property from and after the date of this assignment. ; Executed this 28th day of Riau , 1974, at Afia,ta oss 1 California. R�1��1.�rt1S Executrix of the Estate of �^ William LG Curtis, deceased 2. ���'}fit� 'x''s�'� S•E `yr^,�,���� � s�F�,�d^r:11J5�'_1�!#�r�. ., �q �y: r rJ+y � , � xA 4T.i�R W.� 4 .i .S IA�i ,ti iLL� i �s�t?�I�l`,' S� �_� ;i 7 N "t`di�S 1s t�4 y-SA �R� i`•'�S Y,.� e °x r,,,�;%sS`�, E u ��'L�-�4 NAME T r C n W. $ELD INSURANCE .AGENCY C0147PAEilES AFFORDING COVERAGES 1801 T 1ST« LINCOLN AVENUE gz-r 7.t i r��Y tS'CMi2AtrGE C ANS' _ ANAHEK CALIFORNIA 92813 CCMPErtr iETTEH (714) 991-1000 r ;'(;MPANY 'F LETTER NAME T•ND ADDRESS OF tNSt RED �r•� ^r"-�.4 b��7t�yt�(��+ �y���p�`r��yv (�/��'{«� E'UT,IPANY TEdlyV.DS f.AIC4LDEr. a7JL]!LES tEiiFR M✓ s`"`�4 7 , 6602 TMOR AVENUE C°t ERN" n ak=9 4 MACH, CALIFC3i2 M 92647 � LETTER w. } This is for-rtify that policies of insurance fsted te.'ow have been issued>.o,he insured ramed abeve and see in'rrce al this time Motwithst3^dingg any requirement,term or cordlt on of any contract or other domment with respact to which this cenJiOla may be iss«led or may penein,the Rnsuran.0 afforded ty the po,ciM dascnbed herein is subject to all the u terms,exclusions and Conditions of such poucies, �tY k; _�... 't.a'N Urnits of Liability in Thousands(�� > COMPANY TYPE CF iNSURANCE rKYL14YN!ltABCR �l Ey„>,E�,tA�s;iN i +,T[ _ r<. , AubFiE^ur }t s. �_..__.» �4« GENERAL.., LIAl3fUTY 1 ! y i:a r. �,--- � � i ..,. ,�,�...•rY t E {( .J CCAIPREHENSWE Fon'A -A PREMISES—OPERATION IGLW39847 4/5/81 PROFER ,�•TY DAMAGE f S $ ` - El UPLOS,ON AND COLLAPSE HAZARD ❑UNDERGROUND HAZARD '(❑PE .1L T O CS VAZ R { ("''''��,, 0 cRtT°,.?Na HAZARD I H;;i�tl YJNli�r%Y ANC) 1 'fir C...�f CC i RA(1`1JAL Fr1fIRANCE I ROE ERTY Z MA:r 3f}0 5JW SITYJA"'f«ORM,PROPTRTY U).M81NE:' DAMAGE pp ❑INDEPENDENT CCU+i HA�:Tr]H - — PERs�NAL INi!,7r ;11.::+'*.:r.t dllBEty t t f ,*�'�~��AUTOh10EiILE LIABILITY ��Wj ���� IY a t `r t"' + C1MPREIIE`Ii1Af EC:'f.P BOWL V t I.Inv F 5 . tEA(HA i '.TSx?'a; a 1 LJ N*�Nt;YR(ED , Es. t PT r E,rr,te,E EXCESS LIAWLfi'Y L('�J'�UMSRFLLA FORM { F,li?IE TY 7f rdAGE $ 0 L-. gTHANUMORELLA . ICRM + WORKERS'COMPENSATION •; 4 ;t - ' faTATUltta and ' EA;PLOYEk5`LtABiLf1Y OTHER ciscRiptioN or UPERAri6N$,toc A'ri6NSNEHi(;4s ' ADDIMNAL I ZURED WD t.M ' T0: CITY OF RJJM\.:= BEACH, A ML3WC1PAL CORP. *$230 DIDUCTIMEr Cancellation: Should any of the above described policies be cancelled before the expii. -:)n dale fiereol.the issulr,e con,,- pany;RIll endeavor to -trail 40--days written notice to the below narned Cf?rtitiC3!e holder, but failure to ;4 mail such notice shalt inipose no of lwption or liability of any kind upk ri(fit,company. ` , NA`AE.Ati'0A!'.L;trSSLtPCfRrirt;;ATE 3iDLgER -. pn .�..�.. 7,1 ELATE l'WED.- WL, 1 -15•X1980_ j ECA,'Mq" F t>�rt`�O^ t th7`Ci7�"I�r`'�'st u trlr3r�:rAyZ'yHy 1tXA .Vlsd.�`� MACH. CA 92648 ' � r U r�,,ritr, MY,1$shl Anna r v\ r , ¢¢ i L E A S E THIS LEAaE is made and entered into at Santa Ana, California, on March 4, 1971, by and between MAUDE BIBEAULT, rt . L Mp referred to herein as "Lessor" and R13X REYNOLDS, an individual, ' referred to herein as "Lessee". R E C I T A L Sa ram,. Lessor owns certain unimproved real property in the }. City of Huntington Beach, County of Grande. State of California, 4 more pa.:ticularly described in E:;hib t "A" 6 . _,iched hereto and incorporated herein by this reference and here2riaiter referred { to as the "Leased. Premises". ' Lessee desires to lease this raw acreage and improve it so as to operate a horse stable under the fictitious firm name of "Rex Reynolds Boarding Stable". NOW, Ti�I-,REFORE, in cons.Ld.?i av on of the foregoing and of the rents, conditions, terms and covenants herein contained, the parties hereto agree as follows: � I PREMISS Lessor does hereby Ct, lease and demise. to and Lessee does hereby lease and ake fror., Lessor for the term, at the rental and upon the cone it...ons, covLna,zs and px ,visions set .forth .in this Lease, most ce::tain unimproved premiues more particularly described on Exhioit "A" attached hereto. f IT TERM Section 1. Period and Commencement. f The term of this Lease shall be for a period of one (1) year commencing on March 4, 1971 and ending on March 3, 1972. Section 2 Cancellation. fi At any time during the term of this Lease either party 4s hereby may terminate this Lease upon ninety (90) days prior ;> written notice to the other. Section 3. Extension of Term. Lessee shall have the option to extend the term of .,; this Lease at the same rental for an additional two (2) year period upon written notice to Lessor given at least sixty (60) days prior to the termination of the initial term if this Lease. �a In the event of such an extension, Lessee agrees to pay any i,acrease in real property taxes which may be assessed on the Leased Premises during such extended term over such taxes r ; are assessed during the initial term!. III USE OF PREMISES Section 1. Type of Use. Lessee shall use the: Lease ,remises for the purpose of conducting a business genenally engaged in boarding, renting and taring for horses, together with all customarily related uses of a horse suable operation. Section 2. Compliance With Law. Lessee agrees that all. of Lessee's operations or activities on the Leased Premises shall be conducted in compliance with all applicable statutes, ordinances, laws and governmental rules and. regulations of every nature and effect, including with- out limitation, all zoning laws and ordinances and all. health .. and business permits. Lessee further agrees not to commit any public or private nuisance thereon. Iv RENTAL r Lessee agrees to pay to LE sor, as rental for the Leased Premises, payable monthly in advance without offset or deduction, on the first business day of each of the twelve (12) calendar months during Said term, the sum of Forty-five Dollars ($45.00) . ,kY V MAINTENANCE AND ALTERATIONS � Sec .;on 1. Maintenance. Lessee agrees that he will., at his own cost and expense, beep the Leased Premises and improvements thereon, and every .; _part thereof, except as hereinafter provided, in as good order, condition aad repair as they shall be upon commencement of the r term of this Lease. Section 2. Additions and Alterations. Lessee, when not in default of performance of any of his obligations hereunder, shall have the right, during the term of this ,Lease, from time to time, to construct and build all such corrals, , tables, fences and other improvements as he reasonably desires on the Leased Premises. The Lessee agrees to erect and maintain a fence or other adequate barricade completely surrounding and sealing from entry those two certain abandoned oil wells located on the Leased. Premises. Upon termination of this Lease, Lessor, at her option, may require the removal by Lessee, at his expense, of all buildings and improvements and other property installed, placed and attached to, or in or about the Leased Premises by Lessee. Any such property of Lessee not removed from said Lea--ad Premises within twenty (20) days after expiration or 9 i4 termination of this Lease shall at the option of Lessor be deemed abandoned by Lessee and shall become the property of Lessor. Section 3. Mechanics' Liens. a: Lessee shall furnish Lessor with a California , Mechanics and Material lien bond to insure payment of the cost of all such improvements (including but not by way ofF,Y. limitation, all grading work) and work done b parties or g g Y P I entities other than Lessee or his immediate family. Moreover, Lessee will not permit any mechanics, laborers or materialmans Lien to stand against the Leased Premises for any labor or A m&zerial furnished to Lessee or claimed to have been furnished Y to Lessee or to Lessee's agents, contractors or sublessees, ; in connect*,^n with work of any character performed or claimed to have been performed on said premises by or at the direction r of Lessee; provided, however, that Lessee shall have the right k to contest the validity or amount of any such lien or claimed lien so long as Lessee shall give to Lessor reasonable security, which need not exceed one and c e-half times the ?:,ount of such lien or claimed lien, as may be demanded by Lessor to insure payment thereof and to prevent any sale, foreclosure, or forfeiture of the premises by reason of such nonpayment. In the event a lien or claim of lien is found to be invalid, on r final &-LermYnation thereof Lessee will immediately pay any judgment rendered with all proper costs and charges and shell have the lien released or judgment satisfied at Lessee's sole expense. Lessor shall at all times have the right to post and to keep posted on the Leased Premises such notices provided ;for under andd by virtue of the laws of the State: of California M A C for the protection of the Leased Premises from mechanics liens or liens of a similar nature. Section 4. Fixtures. .All; signs and all fixtures and equipment, of every F• type and description, which have been or may be installed, placed or attached to, in and about the Leased Premises by Less --e shall always remain the property of Lessee and upon r ? termination by expiration of time or otherwiSL of this Lease, , or at any prior time, Lessee may remove all or any of said !} signs, fixtures and equipment so installed, placed or attached. Upon the termination of this Lease, Lessor, at her option, may require the removal by Lessee, at his expenE.. -, of all 's signs,, fixtures, equipment and other property installed, placed or attached to, in or about the Leased Premises by Lessee. Any property of Lessee not removed from said Leased Premises within twenty (20) days after the expiration or termination of this Lease shall, at the option of Lessee, be deemed. abandoned by Lessee and shall, become the property of Lessor. a 4 VI TAXES Section 1. heal Property.. s Lessor agrees to pay all real property taxes ani assess- ments levied upon the land comprising the Leased 'Premises; pro- vided, however, that if Lessee ccastructs any building or improvements which are taxed as secured property, Lessee shall pay the pro ra:ta portion of the secured property taxes attributable tc such building and/or improvements. Section .2. Pi.~sonal Property. Lessee agrees to pay all personal property ta�;es and assessments levied upon or against all livestock, fixtares, ti equipment, stock-in-trade, inventories and any and all other personal property located on or used in connection- with the Leased premises.. 4 VII CONDEMNATION If, during the term of this Lease, there is a taking or transfer or damage to all or any part of the land subject 3 to this LeiAse for a public use by any indi«:dual or entity, public or private, possessing the power of eminent domain, whether by a condemnation proceeding or otherwise (hereinafter referred to as a "taking") the rights and obligations of Lessor j and Les;>ee with regard to such taking, shall be governed by the provisions of this Article. �+ Section 1. Date of Taking. The date of taking as used hereinafter in this Article is defined as the earliest of the following dates: (a) The date legal possession is taken, which is the date after which the condemnor may take possession of the property as stated in an order authorizing the condemnor to take possession. (b) The date a final order of condemnation or final judgment is filed or recorded or the date a final deed is recorded in the event of a transfer (a) The date that physical possession of the property L is taken:. Section 2. Total or partial Taking. In the event of a total or partial taking, this Lease shall termimte (subject to the provisions of Section 3 herein) as of the date cf taking as above defined, and the rental payable: to Lessor shall be prorated as of that date. Section 3. Abandonment of Condemnation Vroceedings,. In the event the condemning agency shall abandon an eminent domain proceeding after termination of this Tease az provided for in Section 2 above, then the parties may, by f `' a.. mut,.Lal. written agreement, revoke and cancel such termination. t , Upon an express or implied abandonment, either party hereto »' shall, have the right to c.:ztest the condemnor`s abandonment and a right to its respective costs and disbursements as defined and provided for in the California Code of Cavil Procedure Section 1255(a) or any amendment thereof. Y" Section 4. Apportionment of Award. In the event that an award is made for the taking or damage of the land which is the subject of this Tease iL any action in direct or inverse condemnation, or in the event of a transfer in lieu thereof, the parties hereto agree that all of the award of compensation paid shall go directly to Lessor, includ4 fig, without l$,mitation, (a) that portion of the award. of compensation received for the appropriation of property, including all damages for severance, and (b) any interest paid on any award of compensation. Lessee hereby irrevocably assigns and transfers to Lessor any right to compensation or damages to which Lessee may become entitled during the term hereof by reason of the taking of all or a part of the demized premises, except as to that portion of any award which, might be specifically allocated for isnprovemen.ts, trade futures or other property of the Lessee. t Section 5. Attorneys` Fees and Costs. Each party shall bear its own costs, attorneys' fees, appraisers' fees and all other costs in connection with any matter contained in this Article, except as may C-therwise be provided. Section 6. Right of Entry. Neither party hereto shall grant a right of entry to any con&,mnor without the written consent of the other party hereto. ; Section 7. Notices. ' ` %. In the event either party hereto receives actual or constructive notice of any acts on the part of an entity or ` ► ~f' individual possessing the power of eminent domain which would71 ` x F cause or allow any of the provisions of this Article to be invoked, then in that event such parties shall immediately notify the other party in writing of such information. vzll INSURANCE AND INDEMNITY Section 1. Liability of Lessor. Lessor shall not be liable at any time for any loss, damage or injury to the property or person of any person whomso- ever at ary time or occasioned by or arising out of any ,act or omission of the Lessee, or of anyone holding under Lessee or the occupancy or use of said Leased premises or any part thereof x or directly or indirectly from any state or condition of said Leased Premises or any part thereof during the term of this Lease, s Section 2. Indemnity. Notwithstanding anything to the contrary hexein con- tained and i.rraspective of any insurance carried by Lessee or Lessor for the benefit of Lessor under the terms hereof., f Lessee agrees to protect, indemnify and hold Lessor and said ~ Leased Premises harmless from any and, all damages or liability ' t of whatsoever nature arising under the terms hereof or arising .'; out of or in connection. with the operation carried oa by Lessee on, or any use or occupancy of the Leased Premises. Lessee further agrees to hold Lessor financially harmless (a) from the consequences of any violation of any laws, ordinances or t regulations, and (b) from all claims for damages on account of injuries, death or property damage resulting from any such violation. Section 3. Insurance. Lessee agrees to procure and keep in force, at his own cost and expense during the term of this Lease a policy of comprehensive public liability insurance with limits of not less than $100,000.00 as to any one person and $300,000.00 as to any one accident and $25,000.00 as to property damage issued by an insurance carrier satisfactory to Lessor, and Lessor shall be named as an additional insured therein. A ce-t:tificate of said insurance, together with proof of payment of the premium therefor shall be delivered to lessor not less than fifteen (15) days prior to the renewal, date of any such insurance policies during the term of this Lease. Ix DEFAULT Any and all of the following acts or omissions by Lessee shall constitute a default of this Lease. f (a) Use of the premises for any purpose other than as authorized in this Lease; or (b) Default in the ,;ayment of any .installment of rent or other sums when due and in the amount due; or �A (c) Failure to pay any insurance premium, lien, claim, demand, tax, assessment, judgment or other charge provided rrrg �pF in this Lease to be paid or caused to be paid by Lessee at the + time and in the manner and amount hereinabove provided; or (d) Failure to maintain the Leased. Premises or cause &` the same to be maintained as provided in this Lease; or j (e) Abandonment or vacation of the Leased Premises for a continuous period of ten (10) days; or xry t (f) Failure to perform or breach, of any other covenant, condition or restriction provided in this Lease to be kept or s performed; or (g) The filing of any petition in bankruptcy, whether voluntary, involuntary or by operation of law, or any arrange- ment by or against Lessee pursuant to Chapter X or Chapter XI of the Bankruptcy Act, or any general or individual assignment for the benefit of creditors; or (h) The filing of or placing of any lien, attachment, receiver or execution ,levied against or upon any and all, of Lessee's rig.,t, title or interest in and under said Lease, or upon any and all of Lessee's right, title or interest .in any of the fixtures, equipment or other improvements to be placed upon the Leased premises by Lessee, if said liens, attachments or executions are not released within fifteen (IS) days of the effective date thereof. t Ow REMEDIES IN EVENT OF DEFAULT Upon the default of Lessee: (a) In the event the said default is due to the y , failure of Lessee to make the payment of any installment of a rent or other sum when due, and Lessee shall f� -, o remedy f^�t said default within three (3) days after written notice so to do; or (b) in the event said default is due to other than {�I; the failure to make a payment of moneys, and in the event Lessee shall fail to remedy such default within twenty (20) days after written notice so to do, specifying the nature of such default, R then and in either of said events, in addition to any other { .. remedy Lessor may have by operation of law, Lessor shall have b the right, without further demand or notice to reenter the premises and eject all persons from the premises using due process of law; and, at the sole option of Lessor, may either; (a) Declare this Leases at an end, in which event Lessee shall immediately pay Lessor a sum of money equal to the amount, if any, by which the then cash value of the rent reserv-,.d under this Lease for the balance of the leased term exceeds the then cash reasonable rental value of the premises for the balance of the leased term; or (b) Without terminating this Lease, relet the premises or any part of the premises as the agent and for the account of Lessee can such. terms and conditions as Lessor may deem advisable, in which event the rents received under such reletting shall be appli.. first to the expenses of such reletting and collection, including necessary r-enovation and alterations of a the premises, reasonable attorneys' .fees, any real estate commissions paid, and second to payment of all sums due or to become due to Lessor under trke Lease; provided, also, that if a sufficient sum shall not thus be realized by allocating ` such sum or other charges, Lessee shall. pay Lessor any deficiency monthly; notwithstanding Lessor may have received ` rental in excess of the rental stipulated in this Lease on previous or subsequent months;- and L4,!ssor may bring an action " y therefor as such monthly deficiencies shall arise. Any such reentry shall be allowed by Lessee without ` > let or hindrance, and Lessor shall not be liable it damages for any such reentry, nor be guilty of trespass or forcible entry. X1 .' MISCELLANEOUS k, Section 1. Payments and Notices. Any notice or paymer".t to be given or paid, or any other document to be delivered by either party to the other hereunder may be delivered in person to either party, or may be deposited in the United States mail in the State of California, du-1y registered, with postage prepaid thereon and addressed to the party for whom intended as follows: To Lessor: c/o V'erLyn N. Jensen, Esq. 888 North Main Street Suite 1005 Santa Ana, CalifornUa 92701 To Lessee: 1.1771. Mac street Garden Grove, California Either part} hereto may, from time to time, by written notice to the other party, designate a different address which shall be substituted for the one above specified. If any notice, --12- S. payment or other document is sent by registered or certified mail as aforesaid the same shall be deemed served or delivered twenty-four (24) hours after the mailing thereof as above provided. h4 Secre,n 1. Attorneys' Fees. In the eirent of any dispute between the parties hereto involving the terms, conditions or covenants contained in this Lease or otherwise arising out of the subject matter of this ` Lease, the prevailing party shall be entitled to recover in the judgment reasonable attorneys' fees, expenses and costs. Ii Lessor shall, without any fault on the part of Lessor, be made a party to any dispute involving Lessee growing out of or having relation to the Leased Premises or to this Lease, then Lessee shall pay on demand all the reasonable expenses, attorneys' fees and costs incurred by Lessor in connection with such dispute. Section 3. Waiver. Except to the extent that Lessor may have otherwise agreed in writing, no waiver by Lessor of any breach by Lessee of arty of its obligations, agreements or covenants hereunder shall be deemed to be a waiver of any subsequent or continuiag breach of the same or any other covenant, agreement or obligation. Nor shall any forbearance by Lessor to seek a remedy for any breach by Lessee be deemed a waiver by Lessor of her rights or remedies with respect to such breach,. Section 4. Holding Over. J In the event Lessee holds over after the termination of this Lease, such holding over shall not be considered as being a renewal of this Lease, and such holding ove ahall be construed to be a tenancy from month to month only, at the .same 2 v rental and under the same ter,as and conditions as are herein provided. Section 5. Successors and Assigns: Subject to tf,e limitations on assignment, subleasing and insolvency, this Lease shall be binding upon and inure `U» to the benefit of the respective successors and assigns of the parties hereto. Any transfer of this Lease whether by Lessee or ny assigns of Lessee by operation of law or by ;= R voluntary assignment, without the consent of Lessor, shall : not diminish, alter or prejudice the direct and primary liability of Lessee under this Lease and the covenants hereof. Section C. Inspection. `' Lessor shall at all reasonable times during Lessee's business hours have access to the premises for the purpose of , inspection or repair. f Section 7. Relationship of Parties. The relationship of the parties hereto is that of Lessor and Lessee only, and it is exprassly understood and agreed that Lessor does not in any way nor for any purpose become a partner of .Lessee or a joint venturer with Lessee in the conduct of Lessee's business or otherwise and that the provisions of any agreement between :Lessor and Lessee relating to rent are made solely for the purpose of providing a method whereby rental pa��ents are to be measured and ascertained. Section 8, Timc. Time is expressly declared to be of the essence of this Lease. Section 9. Headings and Numbers. The marginal headings or titles to the paragraphs and Articles of this Lease are :not a part of this Lease and -14 shall have no effect upon the construction or interpretation of any part of this Lease. Whenever the singular number is used in this Lease and when required by the context, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders and the word "person" shall include corporation, partnership, firm or association or any combination thereof. '. k Section. 10. Quiet Enjoyment. Provided the Lessee performs all of his covenants, ' agreements and obligations hereunder, the Lessor covenants that Lessee shall have the peaceful and quiet enjoyment of the Leased Premises without let or hindrance on the part of . the Lessor, =,in.d that Lessor will warrant and defend the ;aw Lessee in the peaceful and quiet enjoyment of the Leased Premises k against all claims of all persons claiming by, through or under the Lessor. Section 11. Entire Agreement. This Lease contains the entire agreement of the patties hereto with respect to the matters covered hereby, and no other agreement, statement or promise made by any party hereto or to any employee, officer or agent of any party hereto, which is not contained herein, shall be binding or. valid. IN FITNESS WHEREOP, Lessor and Lessee have caused this Lease to be executed as of the day and year first above written. REX REY OLDS MAUDE BIBEAULT „Lessee" "Lessor" a .Gp= STATE OF CALIFORNIA ) } ss. COUNTY OF ) ON March , 1971, before me, the undersigned, a Notary Public in and for said County and State, personally t J appeared MAUDE BIBEAULT, krjwn to me to be the person whose na:ne is subscribed to the within instrument and acknowledged :.. to me that she executed the same. WITNESS my hand and official seal. ' Notary Public in and for said County and State " V _ STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE On March , 1571, before me, the undersigned, a Notary Public in and for said County and State, personally appeared REX REYNOLDS, known to me to be the person whose name is subscribed to the 'within instrument and acknowledged to me that he executed the same. WITNESS my hand and official seal. sasaaaaaaaaaaaasaaaaaaaaaaaaae ' e MARGARET E. WHITE NOTARY PUBLIC-CALIFORNIA a " a PRINCIPAL OFFICE 1N Notar Public in and for say d * ORANGE COUNTY a 'OVOCIAL SQAL MY CtmieWoo apir.s.kka.It,1971 County and Stott' ��.atr�oa�+bta�aaa a�vwtaof a�aaaa a ti M�1 a 4 LEGAL DESCRIPTION All of that property located in the County of Orange, State of California, described as follows: Parcel 3: The West half of the East half, of 'Ehe- rthwest quarter, of the Southeast quarter, of the Nortneast quarter of Section 34, 'township 5 South, Range 11 West in the Rancho La Bolsa Chica in the City of Huntington z Beach, County of Orange, State of California. .k rZI 1 Exhibit "A" y. s. CITY OF 'HUNTINGTON BEACH 2000 MAIN STREET CALIF01"IN1A 92648 :. P.0.Box 190 COMMUNITY SERVICES DEPARTMENT (+14) 536-5486 Vincent G.Moorhouse,Director ,- September 21, 1982 ;1 Mrs. Betty Reynolds Reynolds' Boarding Stables P. a. Box 147( w Huntington Beach., CA 92647 Dear Mrs. Reynolds: f` Re: Termination of Lease Agreement At its September 21, 1982, meeting, the City Council authorized execution of a ground lease agreement with Better Built Enterprises, Inc . , for the operation of an equestrian center in Huntington Central Park, spe- cifically, in the location you are presently occupying. May this letter serve to establish a termination date of October 31, 1982, of your 'ease with the city~ In accordance with said lease, w,r are .giving you more than thirty days notice of cancellation. Mr. Ed Milligan, President of Better Built Enterprises, will be contacting ,you this week to set up a meeting to discuss the matter of personas currently boarding horses at your stables. Every person will have the opportunity of transferring their horses to Mr. Milligan's operation. May T take this opportunity to express my appreciation .and that of the City Council for the long and harmonious relationship the city has enjoyed with you. if you have any questions concerning this matter, please feel :free to contact me directly. Sincerely r Dl reotor Comzziuni'ty Services VG»MBil *,as cc; City Administrator; City Attorney City Cl er; Ed Milligan Don Noble; Daryl. Smith L h K . CITE`' OF HUNTINGTONBEACH ` 2000 MAIN STREET CALIFORNIA 92648 P, 0. Box 190 COMMUNITY SERVICES DEPARTMENT (714) 536-5486 �R Vincent G.Moorhouse,Director 7 September 26, 1980 Mrs. Betty L. Reynolds �{ Reynolds Boarding; Stableee P. C. Box 1476 Huntington Beach, CA Re: Certificate of Insurance Dear Mfrs. Reynolds: Please be advised that the insurance covering your lease of city prop 'ry at o602 Taylor Avenue has lapsed. I have enclosed a copy of your insurance certificate for last year for your convenience. Please have your insurance company fill out the attached City Certificate of Tnsu.rance fora. Be sure to sifrn Paragraph E, Hold Harmless Agree- ment, before returning to this office for final processing. Thank you for your prompt attention to this matter. Sincerely, Vincent rz. Moorhouse Director, Community Services Melvin M. Bowman Superintendent/Deputy Director VGM:W,1B cs ea C Ity Clerk Attachment Re aeation 430 Fark Development Beach Operatior.5--Human Services �I 1 i f e City of Huntington Beach P. O. BOX 190 • CALIFORNIA 92648 T'ELEPRONE (714) 536-5281 � I)FTAIMIEN'r m.,it utRoRs,in,,tCll s.TtI;cm-.'Prim--AVU MitK< 1 IM: N—r 1..MOORflO['SE,I)IIIEC'T'OR _ �rr T 1 tari. z:etty L. Reynolds '. 0. Box 1476 Funtini-tor Beach,, CA 92647 r: Reynolds Board Stable Certificate of Insuran,,e Dear "r:,,. Reynolds c Fur 7;ant to your meetinE with City representatives cr; Fiebruary ' , 1979, enclosed is a Certificate of In.,•crance form which your insurance agent should fill out regardirlf public liatility and property dama.ve=, az: well as worker's compensation if you employ any persons at your stable. Please sir*n the Mold Harmless AFreenent, which is rasa ;raph R crl the attached fora,, bef;, re returi in.- the completed Form to this office for final expeditin,.;. iI' ou have any questions, please communicate with me directly at (7141) "ineereIy, i Vincent 9. Moorhoust x.7e3.v iYt a=�. t'otti'r`tatx a2'i 1r:Y, Peaches, Recreation. Par<s Attachment cot City clergy;. 4tittY�'�up se� tt�ntr�tlo+ra la zlot t)ltetzu�,x�ar}euz's,ili�c�i'tr.tip€:z�'i�tiun aml I'���t)e�tlhtrc~t r. 5 j F p City of Huntington BeachP.O BOX 190 CALIFORNIA 92643 ..`w l to nctobar 12 1971 po lluntini , t MATS*.3<ab3tito t?3£` Ctk+! 7 t2-rS set forth in P iraf-T,aph 14 of the v"n gftli tilt' Cl t, �� "�tE tt in"--ton xist;ach nintica is ''Iorp.1,y -11en of the r:1t ',.; intent to tli- lenie its n-F V). 1971, Vnu :ire regw.lste- tea re-.nve -III of tie sta'ale pcilities Sn w~$ "s2"£ '1E'At�' 3 tY' t : ?:'S ✓} ltsrs7:3'" t'i 'C `, c date. s �r e} E t a o• ti q t .q r1f Celt 01CORTINand ARKS-1 � �_�. P.O. sOX 190 - HUNTINGTON BEACH, CALIFORNIA 92648 ~ M 3 < TELEPHONE (714) 536-5486 w e 1706 ORANGE AVENUE " .,�` ,�. •-^e RECREATION CENTER NO.tM WORTHY Director TOM BUSHARD Superintendent VIVIAN BARNS Rec. Supervisor GARY DAVIS Rec. Supervisor JON "RIP" RIBBLE Rec Supervisor r: Memo to: Mr. Brander Castle, Acting City Administrator 'z From: Mr. Norm Worthy, Director, Recreation & Parks Date: October 8, 1971 Subject: Rex Reynolds lease, Huntington Central Park S would like to request that you and the City Council terminate Mr. Rex Reynolds lease with the City for the purpose of stabling horses in Huntington Central Park as of November 30, 1971 upon giving him 30 days notice follow- ing the proposed City Council action on October 18, 1971. Mr. Reynolds is in the process of moving his stable to property adjoining the park on the south, but a definite termination date of his lease is required to satisfy all parties concerned. NW:ar RECREATIO14 IS A FAMILY AFFAIR r t "^'x�i - ro .� •�'� ,y-'#c,�r �y t I �1d�fVF "..met a'�" w v,,,� *.� ,� '� �''.w � ,G '-t.�' r� .vim',''' ':^.2E yxi N' [� `-1t K _• } HORTIOD and pfl �� ` -.s i■��. ��r i wy�..`S:.r t Yj F "r,,� ..• � :•'*!``1� ..t.*t C35 n P.O. CvX 19Lt f-JUN INGTON UEACH. CALIFORNIACA LIFORNIA 9Z648 r TELEPHONE 1714) 536.640£: QCCQCATION CENTMI < 1706 ORANGC AVENUE xa- NORM 1YCS Fea F3`' a� . TOM MJS1 CARD Saftt��K:e�at^�' 1' Rev. Rac S,. ,,wa,, , JON "RIP" €2#l,!rt3LE 7. -d .n t:..'real,'1.o ria I ff ��Ft # c,. y x.�.rya #vro a-.�a.. . r ,.,a" " 77.. x xn 1•"� i ,, » .`„'4 Xa :#.�.�.,�Y":`_� +a.�•. x` .t.«,X,. ., '.i,:�` %t`' +,.,�.?.� r?'.',x ..z,:-:ie .a°ta.`:;r" t:rl.�X.M.(�„- : [.o,yi.' 4+7...; �r+�`.�a�.�.x �a�.k�.�. ..,.' s.c :r..Ti .� ;'�.�r+.,�'�: :fir`--:; �tr7 ��'t'a• �x�.r 4 '��" .2 �_t ti..�."i,'® L.Fi wn,;r... ^wt.l.,u:.+.:..f�„t..;3'; `. $ T'e a no..,... ,lay a ike RtCREATIOS IS A FAMILY AFFAIR Ad 1i M 0 R A N 1) 11 M f 8y TO. i,onorable Mayor and City Council --"A Z r.. r FROM: Doyle Miller, City Administrator ���� DATE: January 27, 1971 In response to a discussion under oral communications `L at the ,.T anuary 18 Council meeting, may we report the foliowing:regarding horse corrals on our central city park property: An inspection reveals that the operation is clean and orderly with facilities for 100 horses. At present 85 horses are being boarded on the site and the lease ex- pires on 30 days written notice from the city. It is our recommendation that the lease continue until such time as construction on the central city park commences, probably during the early fall of 1971. The Building Department reports that there are currently ten stables within our city housing 340 horses. The largest houoe�, 90 horses and the smallest housing two horses Doyle Miller City Administrator fi DM:bi,ro . j City of HuntingtonRuch o P.p. BGX !9Q CALIFORNIA 92648 �. f w Feh r;tary 15, 1977 Y t�4 . Aeynolds Boarding Stable 6602 Taylor Avenue Huntington Beach, California Dear Mrs. Reynolds: The attached Notice of Cancellation was received by the City and forwarded to my attention for action. Your lease with the City requires that appropriate insurance be in farce at all times. Please attend to this shatter at your earliest convenience. nG f'el L A. De La Loxa Contracts Administrator AD/cg cc: N. Worthy A. Wentworth i Y M E M 0 R A N D U M c� t r, TO: :Honorable Mayor and City Council �t 1 a . { FROM: Assistant Administrator DATE: February 9, 1996 It has been requested by Mir. Rex Reynolds of Hu tigt-ou . ._' Beach who has operated boarding stables and conductea classes in equestrian prowess within the city in the past, that he be allowed to rent the easterly portion of the 18 acres werecently acquired from the State of California within the first phase of the Central Park development. His request is for an interim use of the property prior to the park development for stabling horses and teach ng horsemanship to children and adults. This proposal ha4 the approval of the Developrr=nt Coordinator, the Recreation and Parks Director, and the Recreation and Parks Commission. It is the Administrator's recommendation that we drag an agreement allowing this use for a token rent of $90 per month, subject to the required liability insurance protection required by all city leases, aria to a 30 day cancellation should this use become incompatible to the irea or at such time as we wish to prc;eed with development. Authorization is requested for this agree- ment to be signed by the City Administrator, subject to approval by the Legal Department. Brander D. Castle Assistant Administrator BDC s bwL 3 m 4 Jim NOVICE �E CANCELLIJIJN,�� NONRENEWAL r�r--ai' " ltrrlD Cr POLICY POLICY ftJ »_.._ - Ti',>:7ED THRJlJi,N dLfNG-'..R L:FFi�E nr. _ ;CANSEtLATItJft Ott EXPiRATft7rt WILL tAKE EfrEyT AT:- La'E OF 11it:Gf (Data) ltit of -Standard Timei. E1G, 26751._._.. Santa. -Ara,., .:12 i INSURANCE COMPASS INSURANCE COMPANY COMPANY c/o Hull & Company (California), Inc. 1441 East 17th Street; Sa ta_Ana—, GA--9?_701 NAME AND REYNOLDS BOARDING STABLE ADDRES 6602 Taylor Avenue DFINSLI ED Huntington Beach, CA Y (Specific information concerning the cancellation " or nonrenswal has been given to the insured.) x , 44 TO LIENHOLDER: You are hereby notdier+that the agreement under the Loss Payable Ciause payable to you as tienholder,which is a part of the above policy,issued to the above insured.I$Hereby car i,�e@ed for lermmateM in accoreawe with the conditions of the policy,said roncetiabon for terimnation)to be effective on and after the hour and date mentioned above. trtStlKANCE COMPASS INSURANCE COMPANY �^ Autnou aRepre:entaav COMPANY c/o +lull & Company (California), Inc. 1441 East 17th Street Santa Ana, CA 92701 VAMEAND CITY of HUNTINGTON BEACH A908ESS p 0 BOX 190 OF IE"- Huntington Beach, CA 92648 f OLDER 0 4691b(Ed.14S} LIENHOLDER'S COPY n k3e urn original and three copies of Jrstribution, Original - Originating Dept, completed certificate to- CERTIFICATE OF INSURANCE After Approval Yrllovr Risk Managec By City Attorney Pink--City Clerk City of Huntington Beinch TO Gold—City Attarney Dept. CiTY 0":HUNTiNGTON BEACH,CALIFORNIA P.0.Box I CZ Huntir4ton Beach,California 92648 A MUNICIPAL CORPORATION This is to certify that the policies of insurance as described below have been issced to the insured by the under- signed and ara in force at this time.If these policies are cancelled or changed in such a manner that will affec';this certificate,the insurance company agrees to give 30 days prior written notice,by mail,to City of Huntington Beach,P.O.Box 190,Huntington Beach,California 92648. Name of Insured Address of insured Location of Insured Operations Description of Operations POLICIES IN FORCE POLICY n TE LIMITS OF LIABILITY NUMBER EFFECTIVE EXPIRATION r A. Workers Compensrtion Statutory Employers'Liability $ B. Public Liability: $300,000 combined single Bodily Injury: limit per occurrence. Manufacturers and Contractors $ ' Each Person 1 ` Comprehensive ' General ❑ $ Eaca Accident ! (Including products completed operations) Property Damage $ " .—Each Accident a C. Autt,mobile Liability: Bodily Injury S * Each Person $ Each Accident Property Damage i S * Each Accident t Does policy cover: (Please check at least one) All owned automobiles ( )Yes ( 1 No Non-owned automobiles ( }Yes ( )No Hired automobiles ( )Yes ( )No D. Additional Insure" Acirsement: The insurer agrees that the City of Huntington beaath and its City Council,and/or all City Council appointed groups, committees, commissions, boards and any other City Council appointed body,and/or elective and appointive officers, servants or employees of the City of Hurit'rngton Beach,when acting as such are additional insureds hereunder,for the acts of the insured,and such insurance shall be primal f to any insurance of the City of Huntington Beach. E. ;Hold Harmless Agreement: By Insured: (Signature) The insured agrees to protect,defend,indemnify and seva harmless the City of Huntington Beach against loss,damage or expense by reason of any suits,claims,demands,judgments and causes of action caused by insured,his employees,agents or any subcontractor or by any third party arising out of or in consequence of the performance of all or any operations covered by the certificate of insurance. F. Remarks: APPROVED AS TO FORM: GAIL HUTTON ------ City Attorney By: r Deputy City Attartey Date AUTHORIZED REPRESENTATIVE OF INSURANCE COMPANtY INSURANCE COMPANY dy Name Signature of Authorised Representative/Agent — - Adtir _ Address City b �.- Telephone _ . i i ma s 5 ENDORSEMENT kxL . This endorsement,ellective 12 t . A M. k/5/B0 forms a part of i policy No. OLP-3039847 issueo to RAYNOLDS BOARDIM by BEIAMOM xwzumcz CO 1 k, IN C== ATIOS W AN A=TIOXAL PRBQUN OF �61-00, IT IS HXPJW TOOD AND AQRM0 THAT TUN FOLLOUM 15 ADMM AS AN ADDITINAL INS MD AS RESPICTS THE O RATIONS AND ACTIVI- TIES CITY OF HUNTINGION BF.ACSD A M ICIPAL CORPORATION P. O, BOAC Igo Ri3tmtBm mca, CALiFoR 92648 III -Nk AlrA 6E 22 2 4 r ENDORSEMENT 4 7hv,croirwment, effective 12:01 A June 20, 1975 forms a part cf potscy^i- OLA 625922 issued to BETTY REYNOLDS, IyI$A: REYNOLDS BOARDING STABLES 1 by CALVERT PIPE TNSUR2010E COr9PANY In consideration of a flat charge of $25.00 it is hereby agreed that the folloraincr is naked as an additional insured: City of Huntington Reach P. O. Box 190 Huntington Beach, California 92648 M<Ld Authrn.xed Rep resentathsc x x E Ma or a MM ', i . 7LICY NUMBER EFFECTIVE FIREMAN'5 M46 INSUAADICE COMPANX PRQnucER 1 THE AMERICAN INSURANCE COMPANY NATIONAL SURETY CORPORATION t ASSOCIATED INDEMNITY CORPORATION _ FiM$RICAN AUTOMOBILE INSURANCE COMPANY CQk NTERSx G=NATURE OF AUTHQRIZED AGENT 'i�f.lQp3--8-65 SETS A......_�, _._.. .m,_.�� .....�,.,..,_._..,..,.M.._e...._,.. .,_,�..w- _. _._._._ G i o: x S l 5 s L CERTIFICATE# 1547-4-17 ` EXECUTED FOR MEMBERS OF UNITED HORSEMEN OF AMERICA,INC. Coverage as arranged with j MIDDLESEX MUTUAL.INSURANCE COMPANY A Non-assessable Company Member, Through Rex iilaynolda T BA., q 0£ S BOARDING STAB RIM a Commercial National Security Service,Inc. Address: POLICY PERIOD Tal,bext: & Goldiin W"t &FAIT, l7_I:470 _To L 17, 197L II;s ntiYiSt= Beach, �ali-f-ortS.a A Non-Profit Corp;!t"--' 926" @11-01 A.M.BOTH BATES AT THE ADDRESS OF ADDITIONAL ASSURERS THE NAMED INSURED AS STATED HEREIN. r UHA MASTER POLICY 7-Lr' BX3 Fr4-84 27 DECLARATIONS AND SCHEDULE OF COVEii.AGE C�"i"A�"*�Cc7GJ'�Cr..�'�'�'',�C�9'A��G��.'u4YfJ'"G�C'�9 G�'�'G9"""►a��./'r"A��i�'A'�'-9 Nc�Tp'°"iv"'�t The Insurance afforded iniy with respect to ouch of the following coverages as are indicated by$Pacific premium charge ur charges.The N . limit of the company's liability against each wv h Coverage shall hn as stated heroin,subject to all the terms of this policy leaving reference (�y ai thereto. Unfits of Liability Coverages tech person each occurrence aggregate S 100 000 $ 300.000 s A-Bodily injury Liability 5iL 000 s 50 000 B-Propany Damage Liability Rates Promiurru Basalo and Description of Hazards Bodily injury Prop"DW"age B.i. P.O. EST.GROSS Prarp'--Operation$Cuvored ` RECEIPTS Sane as abovtc Included .40 Inc. 25,000.00 Boarding, Training 0 Deposit prong.-mil subject to audit Composite Rate Total(or all and is a minimum nottubjectto per$100.00 of 'Operations Mort rate cancellation. gross r+ci ipts Covered 9 Placement of coverage as shown confirmed subject to terms and conditions of standard policy form in use is by insuring Company,including special Endorsement No.I as per copy attached hereto, f� a ax This Certificate may be cmicelled by mailing to the Named Insured at the address shown above written notice starting when not less thim ten days thereafter such cancellation shall become effective.Cancellation of the above mentioned policy by written .notice to the Named Instired automrtically cancels the fiertificate at the same tirne. 9 HORSLUA;N'S INSURANCE PLACEMENT COMPANY Authorized Representative (� Dater: JULY I. 1070 IN CASE Or INCIDENT INVOL T'NG INJURY NOTIVY IIt'MEDIATELY- I ORSEMAI '.;INSURANCE PLACEMENT CObl;<',ANX 2424 WAshire Boulevaed Los A-qgelc% Califdrnla "057 Phone.� }386 4s14�t J O49raErrata#P slsstt refit Sinn*ad tmii praSrru,pity.Supply attached for your arnventenco-, t a. UNITED HORSEMEN OF AMERICA 4 2424 WILSHIRE BOULEVARD . LOS ANGELES,CALIFORNIA 40057 MEL.EPHONE: (213) 386-4116 UNITED TO PERPETUATE ALL HORSEMEN ACTIVITIES A 5� b 1 1 A Non-Profit Corp. s Kti r t 3. Cancellation of the policy by the Company,following its failure to receive any such report within twenty (1,0) days after the due date thereof,shall be deemed to be cancel'u-tion of the policy at the election of the Insured. 4. r, 4. The earned premium for the period coveted by each such.Repoe c shall be romputed on said Report 3t the ra<c( )E zcified in the policy,and such earned premil;m shall F be paid by the Insured to tnz Company immediately following computation.t►amof. . C`ar►_ellation of the policy by the Company, ft�'iowing its f ;re to receive any premium within twenty (20)days after the due date thereof,shall be deemed to be cancellation of the policy at the electior of the Insured unless such premium is received and accepted by the Company prior to the effective date of such ca,iceltation. 5. C`;edit for Deposit Premium paid to the Company shall be given to the Instwred when. the full premium earned during the life of the Policy is leterinined in accordance !' with the Policy provision. 7. Any earned premium comp tation made pursuant to the provisions of this endorsement shall be subject to mco nputatior, followlttg final audit of the Insured's books and records as provided,_>the I-ilicy Conditions. WDITIONA:L EXCLUSIONS lit com?deration of the premium charged, it is agreed that such insurance as afforded by the policy cictes not apply to.injt:ry,sickness, disease,death or destruction due to C, ,,is°ng out of; 1, Any personr practicing for or participating in any contest or exhibition. . the use or Isis sestcri of any rented saddic�nzinr,al an a public street or fughway while rented except alth respYei to injury sustained by the mr.4pe of said rented saddle axtlntat 3,- .f h' ownership, occupation, use or maintr nanee of any stadi!riri, gi. r.stand or I.Aeacher (permanent or porteble) for any purpose whatsoevr unless specifically Pstcd as part,?f the.activities covered.hereby. 4. Malpractice or Profu sional Services arising ov, of Stud service or the aet vitits of veteri�i�r�n; - l�� t�'4�T$� 17 A,tt�Ghed;to aRxd f0 r'iir z part of Policy No..,_.,._.. ._._ issL+ed to, �rlE'x Ae�rnald$i}$�r ifs W10c, sut. by Middlesex Mu'.ila', Insurance Con pany. 0 " t"ffatrtiNc ITate: Authorizkif, Representative SPECIAL ENDORSEMENT No.1 OMRATIONS AND PRi AUSES It 's agreed that tWr policy provides coverage for the operations and premises described in the Y' schedule attached hereto but limited to the following opera;ors: T Boardiug, 'Training No coverage extends to any other operation or vremiszs until the policy has been endorsed to declare such additional operations or premises -,A appropriate premium charge is made, z DEDUC,i BLE ;n consiilerattan of the reduced premium charged in the policy to which t:,is endotsement is attached,it is hereby understood and agreed that the amount of s 100.Ot3 shall be dedv'lted from cach and euriry cle im under the policy, ir c)uding expenses. Such coverage as is afforded under the policy applies subject to the,Ulowh g conditions. 1. The terms of the policy, including Those with Tespect to notice of accident and the Co' pany's right to investigate, negotiate and settle aijy OrAin or suit, apply irrespective of the application of the deductible amount. 2. The Insured shall contribute the amount of the deductible within ten(10)days from the date of request by the Company cE its representative, 3, v ailure of the insumd to pay titre amount of the deductible within ten(10)days as herein set forth shall void the policy with respect to the claim involved. 4, The request for payment of the dedueti`*le as herein set forth shall be sent to nhe insured by ordinary mail addressed to the insured at the address listed in the policy; the'ten (I01 darns shall bef;`ia to apply from the postn:-ark of the letter bearing such raquest. ::>a'ItlF`14tIUM Ai3,ifC.fS' IEN j, 'l r The Insured shall pay -to-the Companj, upon inception of She policy,pcjod,the advanr.4 premium(herein called i_'�e,s it Premium)specified in tho policy. =� 1 7'ht bwred shall rendcs to the company on the last diy of each a period during ,the terns of the policy,(or, if no period is spreit ea hereirZ immediately following Iermiw,,tion C"th policy)a deviled statesner;x(hcr�i�baliwd �i Report)exhibiting,the basis;for premium comput4fion as specified;n the.po"''cy, e t 1 ti. 3�4 i t � •i�1.� L r.- r NOTICE y'��^'i[_/'�:. �^'" �'k p��+C/�R� BIN ,�' IYO C ICE O/` !NSU �P NCE is IN n��R �i IRE fMAR SJE. `Tf Lf;r � GENTLEMEN EMEN },"h f 4 A:i +L. f iYA Nf.F 1-5 .. - SkEFi RLER F7t5. (`A .•.T N.,r t! d »aAMCf 1:'• '' � A PO 1 Y t C,.,;A a ,.Fti• T -�HM �A fit iGE.R ���l� , ORIGI?'AL EXTENDING "' AMENDING - N `5!L! i ^> e 1 E-R F ,f t.F.`.f'.L.!.tal R E-T[ CT:,VC:'TATZ fIAME.itJ..t£t£% �'.,.-..-. _ vc."13-... l�-1 Z� t/'G.JI�_ ._:... _._,-.< ._»-..._ _. _.. . .__ -• __� _.._._. IRJPERTY A{35;R C ...d.� �LiF`.`a _. ,F- -.± :£:fe-L._,.. P� AM. _ G R. .r z AT y i RF2>Ab Fr�F!H W. A ._ __. cE.: fUFtM APR' Cyk"AM. .. ...,.. .... ...e.. ._._-...,__ 0 T lei SiAM f<_q L Yi ��� yF'/,g, T'.�'l. JC � C of + f_'^k P•. +.+f,ft`i Fi y� �r. r k(� u gip: A^A 4F PREMf4F'1$ _,.,....-.. .._. * _ -'•` � .AV Ati k +tTiT Y4,f AYS.R 4F'—."• /{'-'••.." `•.,,' ., ry ct_:. io:* ••. f� ATE � G[J� j y✓ �.,/ y�;/t i,�r :�,ysyrl, 'uecz:./_r.....d�.!v�.......�..� u C. 1598 West Katella Anchoim, California 92802 a p�Q Ph. 534-8320 � c C N;VS - ^ • P,C, 8:R QtV • Wri''MER �'ALIF • 593.325f# im R Ax b i HIPCO HIPCO HIPCO HIPCO HiF� 111PCI) HEIM HIPCO H.IPCO H1PC0f ?CO HIPCO HIPCJ HIPCO HIPCO a au HO R SE M A S 2424 Wilshire Boulevard o U Suite 112 x t� I "'° "'�1` Los Angeles,California 90005 0 A �� PHONE(2:3)386-4044 U O 4 n��VJJ 40496 }} o �? REX REYNOIDS BOARDING STABLES Date: May 15, 1�70 G� ° In compiien^e with and in reliance upon the application of the insured named above, we have arranged ` to hold bound for the period and coverage indicated below: z U 12:01 am EFr ECTIVE-)ATE OF COVERAGE 4/17/70 all prr to 5/17/70 ° { ' Middlesex Mutual Insur,—ace Company x ivAME OF CrJMPANY: _ �...,. b p d COVERAGE n o TYPE OF POLICY: Special Comprehensive General Liability,excluding autorr1ol-"-. y Y LIMITS OF LIABILITY- C _ B.I. 100,000'? 0,000 P.D. I*RMK 50,000 o w B.I. 10,000.'20,000 P.D. `,000 �� j DED%JCTIBLE: S100.00 OPERATIONS COVERED: (Including premises in cormcction therewith) �(A o � o Boarding, Training x Each risk insured by this binders covered subject.o the agt;e�rtents,general conditions,special o o cant'*bons and warranties of the policy used by this Company in writing of the type of insurance a covered P,!reby. b U M1EKS-LAIRS dnd A$50 . o ADDITIONAL ASSUREW �' x ALL FORMS OF534•E326 159�5 W.KATSLLA ANAN.61M, CALIF. l C, HORSEMAN'S INSURANCE PLACEMENT X. Q .. ) +.K"3 X 'mow! C'. ti" {,✓�9' � v^✓ '*t fy (1`- 6,3;` 10 111C't?0 1I1I'O 111KO HIPCO 141P(O 141PC'O 111PC0 1UPCO Arco Iiimo IIPCO HIPCO HIPCO HIPCO r: BE 22 EN )ORSEMENT This .ndursernent, effective 12;01 AM. June 20, 1975 forms a part cf policy No. CLA 625922 issued to BETTY REYNOLDS e DBA: RE HOLDS BOARDING STABLES by CALVERT FIRE INSURZ�ICE COMPANY In consideration of a flat charge of $25 0 06 it is 1 erehr, aq 'sd that '-ie following is named as an iut :+t zonal insured.: City of Hunti.n.gton Beach Huntington Beach, California 92648 i7 c. (,', .L'su4.,�7t3t,a,Ci7. F 6 K /ry .alb:: VV Authorized Rr resentahve I K IT IS AGE TEO, MTKMT TM IMLMM 15 M ADDITIMULL R tUWAR ZM, PRWAV 12 18 AN ADMUNAL VON=? WWR MS. =4 . G MGTU M a 0e )toz 'ffMTVWW.W ZL, 92649 h �SL.ICY NUMBER � INSURED EFFECTIVE fFIRE'MAWS �7 QND INSURANCE COMPANY vPRODUCER f THE AMERICAN INSURANCE COMPANi NATIONAL SURETY CORPORATION UX Zs SnWAMS" &" AS=./Vb/8/ /75 ASSOCIATED INDEMNITY CORPORATION f AMERICAI` AUTOMOBILE INSURANCE COMPANY COUNTERSIGNATURE OF AUTt�^RIzeQ AGENT 1 G F RESIDENT l , f 80009-6-65 SETS _', 1 LEASE OF REAL PROPERTY 2 ,� P 3 1. LEASE. City of Huntington Beach, whose address is 4 Post Office Box 190, Huntington Beach, California 92648, herein a 5 called Li,SSOR, hereb-- leases to Rex Reyiiolds, whose address is 6 Post Office Box 758, Huntington Beach, Californ-La., and who is 7 engaged in the business of bearding horses and teaching horseman- 8 ship, herein called LESSEE, and LESSEE hereby leases from LESSOR, 9 the following described real property, located in the City of 10 Huntington Beach, County of Orange, State of California, and more 7.1 particularly descr s follows : 12 The//fat 15 acres, more or less, of the North half of the Northee st quarter o3' 13 the Northeast quarter of Section 14, Township 5 South, Range 11 West, pa-tly 14 in the Rancho Las Bolsas and partly in the Rancho Ia Bolsa Chica, as shown on 2.5 a map recorded in Book 51, page 13 of Miscellaneous Maps, records of Orange 16 County, California. 1"17 2 . TERM. The term of this 1, ie shall be month to 18 month, commencing on t-ie lst day of April,, 1970, and continue t 19 month to month thereafter until terminated as provided hereinafter 20 in this lease . 2-1. 3 . RENT. In consideration for the leasing; of said prop 22 e ty, LESSEE agrees F,-c pay to LESSOR as rent for said property 23 the su-ra of Ninety and no/100ths Dollars ($90 . 00 ' per month, payable 24 in advance on or before the first day of each month during the 25 entire term of this lease . LESSOR acknowledges receipt of the surd 26 of One Hundred Eighty and no/lOr�ths Dollars ($180 .00) , representing 27 payment of the first and last months r•,n` . 28 4 . USE. LESSEE shall use the property leased in a 29 careful and proper manner, and shall comply with all laws, ordi- 30 nanceL and regulations relating to the possession, use or mainte- 31 nance of the property. Said property shall be used. only .for the 32 purnose of boarding horses and teaching rorseman3hip. LESSEE 1. 1 shall obtain all necessary licenses and/or permits. 2 5 . MAINTENANCE . LESSEE shall maintain said leased a 3 property with proper care and keep said property clean and neat. 4 6 . LOSS AND DAMAGE. LESSEE hereby assumes all risk of loss and c?L;, a,ge to the property leased from any cause . No loss or g damage to the property leased shall impair ary obligation of the 7 LESSEE under this lease, wnich shall continue in full force and 8 effect. 9 7. RETURN 037 PROPERTY. LESSEE by entry hereunder a.c- J.0 cepts the premises ?s being in good and sanitary condition. LESSEE 11 agrees that on expiration of this lease, LESSEE shall -return saiu 12 leased property to LESSOR, and shall quit possession _ f same in 13 ' the same ond.^ .tion as received, act of God or the elements accepted 14- 8. REMOVAL OF IMPROVEMENTS. LESSEE agrees and covenants 13 that he will, at his own cost and risk, at or before the expira- 1.6 tion of this lease, remove any and all buildings, fixtures and im- 17 1provements that may be constructed or placed upon the leased prop- 18 erty,: LESSEE Tu--' ',her agrees that prior to the construction or 19 placement upon the leased property of any building, fixture or im- 20 1provement , LESSEE shall furnish to LESSOR a corporate surety bond 21 in an amount acceptable to the LESSOR, -+di tioned on the LESSEE°a 22 faithfully perf-)rming the terms and provisions of this paragrapb. 23 g . INSPECTION Lr LESSOR. LESSO1' at all times during 24 LESSEE' S business hours has the right to enter or the leased premi- � 25 ses for the purpose of inspecting same. 26 10 . UTILITIES . LESSEE agrees to pay LESSOR said rent as 27 hereinabove provided, and in addition thereto, to pay when due, 28 all electric, �:as and other lighting, heating and power rent and 29 charges accruing or payable in connection with said property during 30 the t-erm of this lease. LESSOR agrees to pay all water charges 31 accruing or payable in connection with the leased property during 32 the term of this lease. 2 . 1 11. ASSIGNMENT. LESSEE agrees not to assign or sublet 2 this lease, and not to maxe or suffer any alteration to be made in 3 or on the leased property, witaout the written consent of the 4 LESSOR, provided, however, LESSEE may engage in the business of boarding and stabling horses on such premises . 6 12 . IMPROVEMENTS AND REPAIRS. It is specifically 7 agreed and understood that LESSEE shall not call on LESSOR to make 8 any improvements or repairs on the leased property of any nature a whatsoever. 10 13. TAXES. LESSEE recognizes and understands in I1 L.c:cepting this lease that his interest therein May be subject to 12 a possible possessory interest or other tax V ;, the city or 13 Icounty may impose, and that such tax payment all not reduce any 14 rent due the LESSOR, and any such taxes shall be the liability of 15 and be paid by the LESSEE . 16 14 . TERMINATION. This lease shall b.,� subject to 17 cancellation and termination by either party at any time drring i8 the term hereof by giving the other party notice in writing at 19 least thirty (30) days next prior to the date ;when such termination 20 shall become effective. In the event of such termination, any 21 unearned rental paid by LESSEE shall, be returned to LESSEE. 22 15 . INDEMNIFICATION. This lease is made upon the ex- 23 press condition that the City of Huntington Beach, its officers, 24 agents and employees are to be free from all liability and claim 25 for damage by reason of any injury to any person or persons, in- 26 cluding LESSEE, or property of any kind whatsoever and to whomso- 27 ever belonging, including LESSEE, from any cause or causes what- 28 soever while in, or upon, or in any way connected with said leased 29 property or the sidewalks .adjacent thereto, if any, during the term 30 of this lease or any extension hero of or any occupancy hereunder, 31 LESSEE hereby covenanting and agreeing to inc_jmnify and save harm- 32 less the City of Huntington Beach, its officers, agents and em- 3. 1 nloyees from any liability, loss, cost, and obligation on account 2 of or a»ising out of any such injuries oz losses however oc!carring. 3 16 . INSURANCE . LESSEE shall, at !,is own expense, take 4 out and keep in force during the within tenancy (a) public 5 liability insurance in a compa.-iy or companies to e approved by 6 LESSOR, to protect the City of Huntir,�i -a,: Beach, its officers, 7 agents and employees against any 1iab. _.'.'-.y to the public, incident 8 to the use of, or resulting front injury to, or death of, any 9 person occurring in, or about, the leased premises, in the amount i 10 � of not less than $100,000, to indemnify against the claim of one 11 (1) person and in the amcunt of not less than $300,000 against the 12 claims of , -ao (2) or• more persons resulting from any cne accident; 13 and (b) property damage or other insurance, in a company or 14 companies to be approved by LESSOR, to protect the City of Hunting- 15 ton Beach, its officers, agents and employees, against any and 16 every liability incident to the use of or resulting from any and 17 every cause occurring in, or about the leased pronerry, including 18 any and all liability of LESSOR for damage to jTL s parked on 19 the leased premises, in the amount of not less 450,000. Said 20 policies shall inure to the contingent liabilit y,,, i-i' any, o*' 21 the City of Huntington Beach, and the oML cera ,. f�---,,, and em-- 22 ployees of the City of Hk.Litington Beach and s . iigate the 23 insurance carriers to notify LESSOR, in writing, not less than 24 fi Teen (15) d,;.ys prior to the cancellation. thereof, or any other 25 change affecting the coverage of the policies . If said policies 26 contain any exclusion concerning property in the care, custody or 27 control. of the insured, an endorsement shall be attached thereto 28 stating that such exclusions shall not apply With regard to any 29 liability of the City of Huntington Beach, its officers, agents 30 or employees . LESSEE shall furnish to LESSOR a certiffted copy of 31 leach and every such pol' cy within not more than ten (10) days 32 after the effective date of the policy. LESSEE agrees that, if 4. C. 1 LESSEE does not keep such insurance in full Force aid effect, 2 LESSOR may take out insurance ana pay the premiums thereon, and the 3 repayment thereof shall be deemed to be additional rental and pay- 4 able as such on the next day upon which rent becomes due hereunder. 5 17 . ATTORNEY'S FEES. In the event of any action filed 6 in relation to this lease, LESSEE, in addition to all other sums 7 LESSEE may be called on to pay, shall pay to LESSOR a reasonable 8 sum for LESSOR'S attorney' s fees . 9 18. APEL7JABLE LAW. This lease shall be governed and .0 construed L. . laws of the State of California . 11 . _ __oTICE.S . Any communication between LESSOR and 12 LESSEE, payments and notices provided herein to be given or made, 13 may be given or made t mailing the same to LESSOR or LESSEE at 14 each of their respective addresses given above , or to such other 15 addresses as either party may in writing hereinafter indicate . 16 WITNESS OUR HANDS AND SEALS the day, month and year 17 appearing below. 18 �DATED ;-�x� �4� 1970 .� III 19 � CITY OF HUNTINGTON BEACH 20 i 21 BY ayor 22 ATTEST: APPROVED AS '20 FORM: 23 DON P. BONFA, City 17Attorney 24 1—_-) 25 � .x�.�, ty erk p �26 S , ep,cty City Attorney 27 r� 28 DATE I- : /- i�2.�Z-- 1970 , 1419 30 I 4RE YNOLDS 1 I 32 I� 5r'• 1 LESSEE does not keep such insurance in fu11 force and effect, 2 LESSOR may take out insurance and pay the premiums thereon, and the 3 repayment thereof shall be deemed to be additional rental and pay- 4 able as such on the next day upon which rent becomes due hereunder. 5 17. ATTORNEY'S FEES. In the event of any action filed 6 in relation -to this lease, LESSEE, in addition to all other sums 7 LESSEE may be called on to pay, shall pay to LESSOR a reasonable 8 s--, ;i for LESSOR'S attorney' s fees . ' 9 18. APPLICABLE LAW. This lease shah be governed and 10 construed under the laws of the State of California. 11 19. NOTICES . Any communication between LESSOR and 12 LESSEE, payments a..a notices provided herein to be given or made, 13 may be given or made by mailing the same to LESSOR or LESSEE at 14 each of their respe^tive addresses given above , or to such other 15 addresses as either party may in writing hereinafter ind ite . 16 WITNESS OUR HANDS AND SEALS the day, month and year 17 appearing below. 18 DATED: , 1970 , �� 19 CITY OF HUNTIAGTON BEACH 20 21 Ey , 71I 22 Mayor ATTEST: APPROVED AS TO FORM: 23 DON P. BONFA, City 17 Attorney 24 City l.erh B- . M. LIS eputy City Attorney 26 27 2 F 28 DATED: .!/,�- �-- , 1970 . 2s 30 REX XEYNOLDS 31 32 5• o-P b ,off' 1 i i 07) f "f I II 1 - i r L E A S E THIS LEASE is made and entered into at Sa.,ta Ana, , California, on March 4 , 1971, by ana uetween W. L. CuR.. ..3 and ..70E CURTIS, referred tn collecrively ..erein as "Lessor_ and REX REYNOLDS, an :individual, referred to herein as "Lessee" . R E C I T F L S: Lessors own certain ..,zit,-_..ioveC1 real property t:.e City of Huntington Beach, Cc,,:_-+.y c f Ora n je, State of Cai�fornia, more particularly described L,. Exhix.it "A" attached ham_ o -_.d incorporated herein by this reference and hereinafter erred to as the "Leased P,.emises". Lessee desires to lease this raw acreage and inLprc.ie it so as to operate a horse staple under the Zictitious irm na e of "Rex Reynolds Boardirig Stable" NOW, THEREFORE, -in consa-&erati.on of the foreq; . ng and of the rents, conditions, terms and covenants herein co..zained, the parties hereto agree as follows : I PREMISES Lessors do hereby let, lease and demise to Lassee, and Lessee does hereby lease and take from Lessors for the t�x•m, at the rental and upon the conditions, covenants and provisions set forth in this Lease, those certain unimproved premises more particularly described on Exhibit "A" attached hereto. r AOL II TERM Sect::,. J . Period and Commencement. Tho. term of this Lease shall be for a period of one (1) 4' year commencing on March 4, 1971 and ending on March 3 , 197,s. Section 2. Cancellation. At any time during the term of this Lease either party ' hereto may terminate this Lease upon ninety (90) days prior written notice to the other. Section 3. Extension of Term. Lessee shall have the option to extend the tern=1 0:. this Lease at the sane rental for an additional two (2) year a period upon written notice to Lessors given at least 60) ' days prior to the termination of the initial term of this Lease. In the event of such an extension, Lessee agrees zo pay any increase in real property taxes which may be assessed o.. tht: Leased Premises during such exzenaed term over su;.;h ta:,tzz, aL ;C are assessed during the initial term. TII USE OF PREMISES Se- pion 1. Type of Use. Lessee shall use the Ltdased Premises for the purpose of conducting . business generally engaged in boarding, renting and caring for horses, together with all. customarily related uses of a horse stable: operation. Section 2. ;21ian e With Law. Lessee agree.: that all of Lessee' s operations or activities on the Leased Premises 8;hall be conducted in compliance with all applicable statutes, ordinances, laws and governmental rules and regulations of every nature and effect, including, with- out limitation, all zoning laws and ordinances and all health X i � and business pe.:mits. Lessee further agrees not to commit any public or private nuisance thereon. IV RENTAL Lessee agrees to pay to Lessors, as rental for the Leased Premises, payable r,.onthly in advance without offset or deduction, on the first business day of each of the twelve (12) calendar months during sa .d term. the sum of Ninety Dollars ($90. 00) per month. ±n v s. V CIJL MAINTENANCE AND ALTERATIONS t„ Section 1. Maintenance. Lessee agrees that he will, at his own cost and expenses, keep the Leased Premises and improvements thereon, and every part thereof, except as hereinafter provided, in as good order, condition and repair as they shall be upon commencement cf the term of this Lease. Section 2. Additions and AltvDrations. Lessee, when not in default of performance of any -af his obligations hereunder, shall have the right, during -Lae term of this Lease, from time to time, to constr � d buil'. �.il such corrals, stables, fences and other improvements as a:e reasonably desires on the Leased Premises. The Lessee agrees to erect and maintain a fence or other adequate barricade completely surround.'_ng and sealing from entry those two certain ab�indoned oil wells located on the Leased Premises. Upon termination of this Lease, Lessors, at their option, may require the removal by Lessee, at his expense, of all buildings and improvements and other property installed, placed or attached to, or in or about the Leased Premises by Lessee. Any such property of Lessee not removed from said Leased Premises within twenty (20) d<.ys after expiration or ter- mination of this Lease shall at t;ie option of Lessors be deemed abandoned by Lessee and shall become the property of Lessn-s. Section 3. Mechanics' Liens. Lessee shall. furnish Lessors with a California �k Mechanics and Materiai lien bond to insures payment of the cost of all such improvements (including but not by way of limitation, all grading work) and work done by parties or entities other than Lessee or his immediate family. Moreover, Lessee will not permit any mechanics , laborers or materialmans lien to stand against the Leased Premises for any labor or material furnished to Lessee or ci ainted to have been furiAshed to Lessee or to Lessee' s agents, contractors or sublessees, in connection with work of any character performed or claimed to have been performed on said premises by or at the direction of Lessee, provided, however, that Lessee shall nave the ric~zt to contest the validity or amount of any such lien or claimed lien so long as Lessee shall give -co Lessors reasonable security, which need iio t er need one and onc.-h1Al_f times the amount of such lien or claimed lien, as may be demanded by Lessc:--s to ' insure payment thereof and to prevent any sale, foreclosure, or forfeiture of the premises by reason of such nonpayment. In the event a lien or claim of lien is found to be valid, on final determination thereof Lessee shall immediately pay any judgment rendere(: with all proper costs and charges and shall have the lien released or judgment satisfied at Lessee' s sole expense. Lessors shall at all times have the right to post and to keep posted on the Leased Premises such notices provided for under and by virtue of the laws of the State of Califoraia -4- .may 1 -Zwd1> for the protection of the Leased Premises from mechanics liens or liens of a similar nature. Section 4. Fixtures. All signs and all fixtures and equipment, of every type and description, which have been. or may be installed, placed or attached to, in and about the Leased Premises by Lessee shall always remain the property of Lessee and upon termination by expiration of time or otherwise of this :ease, or at any prior time, Lessee may remove all or any of said signs , fixtures and equipment so installed, placed or attached. Upon the termination of this Lease, Lessors, at their option, may require the removal by Lessee, at his expense, of all signs, fixtures, equipment and other property installed, placed :, - attached to, in or about the Leased premises by Lessee. Any property of Lessee not removed from said "Leased Premises within twenty (20) days after the expiration or termination of thj.s Lease shall, at the option of Lessors, be deemed abandoned by Lessee and shall become the property of Lessors , VI TAXES Section 1. Real Property. Lessors agree to pay all real property taxes and assess- ments levied upon the land comprising -che Leased Premises ; pro- vided, however, that if Lessee constructs any building or improvements which are taxed as secured property, Lessee small pay the pro rates portion of the secured property taxes attributable to such building and/or improvements. Section 2. Person 'roperty. Lessee a,- es to pay all personal property taxes and assessments levied upon or against all livestock, fixtures, equipment, stock-in-trade, inventories and any and all other personal property located on or used in connection -with the Leased Premises, VII CONDEMNATION if, during the term of this Lease, there is a taking or transfer or damage to all or any part of the land subject to this Lease for a public use by any individual or enti-cy, public or private, possessing the power of eminent domain, whether by a condemnation proceeding or otherwise ( hereinafter referred to as a "taking") the rights and obligations of Lessors and Lessee with regard to such taking, shall be governed by the provisions of this Article. Section 1. Date of Taking. The date of taxing as used hereinafter in this Article is defined as the earliest of the following dates : (a) The date legal possession is taken, which is the date after which the condemnor may take possession of the property as stated in an order authorizing the condemnor to take possession. (b) The dato a final order of condemnation or final judgment is filed or recorded or the r ate a final deed is recorded in the event of a transfer. (c) The date that physira possession of the property is taken. Section 2. Total or Partial Taking. In the event of a tr-tal or partial taking, this Lease shall terminate (subject to the provisions of Section 3 herein) _6_ as of the date of taking as above defined, and the rental payable to Lessors shall be prorates. as of that date. Section 3. Abandonment of Condemnation Proceedings_, In the event the condemning agency shall abandon an eminent domain proceeding after termination of this Lease as provided for in Section 2 above, then the parties may, by mutual written agreement, revoke and cancel such termination. Upon an express or implied abandcnme�nt, either party hereto shall have a right to contest the ccndemnor's abandonmer:-. and a right to its respective costs and disbursements as defined and provided for in the California Code of Civil Procedlre Section 1255 (a) or any amendment thereof. Section 4. Apportionment of Award. In the event that an award is made for the taking or damage of the land which is the subject of this Lease in any action in direct or inverse condemnation, or in the ever..- of a transfer in Lieu theretDf, '-'-e parties hereto agree that ;=.11 of the award of compensation paid shall go directly to lut-ssc_-s , including, without limitation, (a) that portion of the award of compensation received for the appropriation of property, including all damages for severance, and (b) any interee;. paid on any award of compensation. Lessee hereby irrevocabl-1 ass._gas and transfers to Lessors any right to compensation or damag( 6 to which Lessee may become entitled during the term hereof by reason of the taking of all or a part of the demised premises, except as to that portion of any award which might be specifically allocated for improvements, trade fixtures or other property of the Lessee. -7d Section 5. Attorneys ' Fees and Costs. Each party shall bear its own costs, attorneys ' fees, appraisers ' fees and all other costs in connection with any matter contained in this Article, except as may otherwise be provided. Section 6. Right of Entry. Neither party hereto shall grant a r:ighz of entry to any condemnor without the written consent of the othez part hereto. Section 7 Notices. In the event either party hereto receives ac-Lual or constructive notice of any acts on the ;art of an entity or individual possessing the power of eminent domain which would cause or allow any of the provisions of this Article to be invoked, then in that event such parties shall immediately notify the other party in writing of such information. ViII INSURANCE AND INDEh-LAITY Section 1. Liability of Lessors. Lessors shall not be liable at any time for any loss , damage or injury to the property or person of any person whomso- ever at any time or occasioned by or arising out of any act or omission of the Lessee, or of anyone holding under Lessee or -the occupancy or use of said Leased Premises or any part thereof or directly or indirectly fzom any state or condition of said Leased Premises or any part thereof during,; the term of this Lease. _g� 1111111,NO Section 2. Indemnity. Notwithstanding anything to the contrary herein con- tained and irrespective of any insurance carried by Lessee or Lessors for the benefit of Lessors under the terms hereof, .t Lessee- agrees to protect, indemnify and hold Lessors and said Leased Premises harmless from any and all damages or liabity r of whatsoever nature arising under the terms hereof- or arising out of or in connection with the operation carried on by Lessee •F on, or any use or occupancy of the Leased Premises . Lessee further agrees to hold Lessors financially harmless (a) from the consequences of any violation of any laws, ordinances or regulations , and (b) from all claims for damages on account of injuries, death or property damage resulting from any such violation. t Section 3. Insurance. Lessee «grees to procure and keep in force, at his own cost and expense, during the term of this Lease a policy of comprehensive public liability insurance with limits of ..ot less than $100 ,000. 00 as to any one person and $300, 000. 00 s to any one accident and $25 ,000. 00 as -to property damage issued by an ingurance carrier satisfactory to Lessors , and Lessors G, ,k shall be named as an additional insured therein. A ce5�•uificate G of said insurance, together with proof of payment of the premium therefor shall be delivered to Lessors not less than fifteen (15) days prior to the rene,�,al date or any such insurance policies during the term of this Lease. IX �{ DEFAULT s Any and all of the following acts or omissions by a Lessee shall constitute a default of this Lease: 1 -9- (a) Use of the premises for any purpose other than as authorized in this Lease; or (b) Default in the payment of any installment of rent or other sums when due and in the amount due; or (c) Failure to pay any insurance premium, lien, claim, demand, 'Lax, assessment, judgment or other charge. provided in this Lease to be paid or caused to be paid by Lessee at the time and in the manner and amount hereinabove provided; or (d) Failure to maintain the Leased Premises or cause -the same to be maintained as provided in Lhis Lease; or ,e) Abandonment or vacation of the Leased Premi-es for a continuous period of ten (10) days; or (f) Failure to perform or breach of any other covenant, condition or restriction provided in this; Lease to be kept or perfcrmed; or (g) The filing of any petition in bankruptcy, whether voluntary, involuntary or by operation of law, or any arranc .- ment by or against Lessee pursuant to Chapter F or Chapter XI of the Bankruptcy Act, o: any general or individual assignment for the benefit of creditors ; or (h) The filing of or placing of any lien, attachir, :nt, receiver or execution levied against or upon any and all of Lessee's right, title or interest in and under said Lease, or upon any alid all of Lessee's right, title or interest in any of the fixtures, equipment or other improvements to be placed upo:1 the Leased Premises by Lessee, if said liens, attachments or executions are not relz ased within fifteen (15) days of the effective date thereof. -10- c x REMEDIES IN EVENT OF DEFAULT a Upon the default of Lessee: _ (a) In the event the said default is due to the a failure of Lessee to make the payment of any installment of `= rent or other sum when due, and Lessee shall fail to remedy r; said default within three (3) days after written notice so J to do; or ¢, (b) In the event said default is due to other than the failure to make a payment of moneys , and in the event Lessee ?f shall fail to _remedy such default within twenty (20) days after written notice so to do, specifying the nature of such default: then and in either of said events , in addition to any other remedy Lessor may have by operation of law, Lessors shall have the right, without further demand or notice to reenter the ' premises and eject all persons from the premises using U:ue ;t process of law; an,:-, at the soli option of Lessors, may :-.ther: (a) Declare this Lease a� an end, in which event Lessee shall immediately pay Lessors a sum of money equ� - tc the amount, if any, by which the then cash value of the renL reserved under this Lease for the balance of the leased term exceeds s f the then cash -reasonable rental value of the premises for the t balance .)f the leased term; or (b) Without terminating this Lease, relet the premilses or any part of the premises as the agent and for the account of Lessee on such terms and conditions as Lessors may de !m advisable, in which event the rents received under such relenting shall be applied first to the expenses of such reletting and 5 '=55 z collection, including necessary renovation and alterations of r t F -11- the premises , reasonable attorneys ' fees , any real. estate comirn.issio;as paid, and second to payment of all sums due or to become due ro Lessors under the Lease; provider-- ,., also, that if a sufficient sum shall not be thus realized by allocating such sum or other charges , Lessee shall pay Lessors any deficiency monthly, notwithstanding Lessors may have received rental in excess of the rental stipulated in this Lease -)n previous or subsequent months, and Lesso::s may bring an action therefor as Each monthly deficiencies shall arise. Any such reentry sha.il be allowed k-y Lessee without let or hindrance, and Lessors shall not be liable in damages for any such reentry, nor be guilty of trespass or forc4_ale entry. XI MISCELLANEOUS Section 1, Payments and' iJotices. Any notice or payment to be given or paid, or �: iy c;th,ar document to be delivered by either party to the o+ -er hereunder may be delivered in person to either party, or may be deposited in the United States mail in the State of California, duly registered, with postage prepaid thereon and addressed to the party for whom intended as follows: To Lessors: c/o VerLyn N. Jensen, Esq. 888 North Main Street Suite 1005 Santa Ana, California 92701 To Lessee: 11771 Mac Street Garden Grove, California Either pair-ty hereto may, from time to time, by written notice to the other party, designate a different address which shall be substituted for the one above specified. If any notice, Ir 1 -12- milli payment or other document is sent by registered or certified mail as foresaid the same shall be deemed served or delive:'_cd twenty-tour (24) hours after the mailing thereof as above provided. Section 2. Attorneys ' Fees. In the event of any dispute between the parties hereto involving the terms, conditions or covenants contained in this Lease or otherwise arising out of the subject matter of this Lease, the prevailing party shall be entitled to recover in the judgment reasonable attorneys' fees , expenses an6 coots. If Lessors shall, withoat any �,,ult on the part of Lessors, be made a party to any dispute involving Lessee growing out of or having relation to the Leased Premises or to this Lease, then Lessee shall pay on demand all the reasonable expenses, attorneys' fees and costs incurred by Lessors in connection with suca dispute. Section 3. waiver. Except to the extent that Lessors may have oth4-rwlse agreed in writing, no waiver by Lessors of any breacAi by Lessee of any of his obligations, agreements or covenants hereunder shall be deemed to be a waiver of any subsequent or continuing breach of the same or any other covenant, agreement or obligation Nor shall any forlbearance by Lessors to seek a remedy for any breach by Lessee be deemed a waiver by Lessors of its rights .emedies with respect tc: such breach. f: ;<< tion 4. Holding Over. In the event Lessee holds over after the termination of this Lease, such holding over shall not be considered as being a renewal of this Lease, and such holding over shall be construed to be a tenancy from month to month only, at the same —13— rental and under the same terms and conditions as are herein provided. Section 5, Si-ccessors and Assigns. Subject to the limitations on assignment, subleasing and insolvency, this Lease shall -.,e binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. Any transfer of this Lease whether by Lessee or any assigns of Lessee by operation of law or voluntary assignment, without t.`ae consent of `,essors, shall not diminish, alter or prejudice the direct and primary viability -)f Lessee under this Lease and. t:-, covenants hereof. Section 6. Inspection. Lessors shall at all reasonable times during Lessee' s # 1.,siness hours have access to t?-ae premises for the purpose of inspection or repair. Section 7. Relationship of Parties. The relationship of the parties hereto is the. :. of Lessor and Lessee only, and it is expressly understood and agreed that Lessors do not in any way nor for any purpose become a partner of Lessee or a joint venturer with Lessee in the conduct of Lessee' s business or otherwise and that the provisions of any agreement between Lessors and Lessee relating to rent are made solely for the purpose of providing a method whereby rental payments are to be measured and ascertained. Section 8. Time. Time is expressly declared to be of the essence of this Lease. Section 9. Headings and Numbers. The marginal headings or titles to the paragraphs and articles of this Lease are not a part of this Lease and 14— shall have no effect upon the construction or interpretation of any part of this Lease. Whenever the singular number is used in this Lease and when required by the context, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders and the word "person" shall include corporation, partnership, firm or assoc- a--ion or any combination thereof. Section 10. Quiet Enjoyment. Provided the Lessee performs all of his covenants, agreements and obligations hereunder, the Lessors covenant that Lessee shall have the peaceful and quiet enjoyment of the Leased Premises without let or hindrance on the par,: of the Lessors, and that Lessors will warrant and defend the Lessee in the peaceful and quiet enjoyment of the Leased Premises against all claims of all persons claiming by, through jr under the Lessors. Section 11. Entire Agreement. This Lease contains the entire agreement of t',e parties hereto with respect to the matters covered hereby, and r.o ocher agreement, statement or promise made by any party heretc or to any employee, officer or agent of any party hereto, which i not contained herein, shall be oinding or valid. IN WITNESS WHEREOF, Lecsors and Lessee have cause this Lease to be executed as of the day and year first above: written. W. L. GURTIS 1 J REX RE ?OLDS JOB CURTIS "Lessee" "Lessors" -15- STATE OF CALIFORNIA } ss, COUNTY OF On Marchy, 1971, before me, the undersigned, a Notary Public in and for said County a�ad State, personally appeared W. L. CURTIS, known to me to Le the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. WITNESS my hand and official. seal, OFFICIAL SEAL PATRICIA L. CANNON -� NOTARY PUBLIC — CALIFORNIA PRINCIPAL OFFICE IN Notary Public in and for Said SONOMA COUNTY County and State My Commission Expires Oct.29, 1973 STATE OF CALIFORNIA } } sS. COUNTY OF On March , 1971, before me, the undersigned, a Notary Public in and for said County and State, personally appeared JOE CURTIS, known to me to he the person whose _tame is subscribed to the within instrument and acknowledged to me that he executed the same. WITNESS my hand and official seal. OFFICIAL SEAL PATRICIA L, CANNON t r rt NOTARY.PUBLIC — CALIFORNIA +r�J PRINCIPAL OFFICE IN Notc.:y Public in and for said SONOMA COUNTY County and Sta ze My Commission Expires Oct.29,1973 I STATE OF CALIFORNIA ) } ss. COUNTY OF ORANGE ) On March , 1971, before me, the undersigned, a Notary Public in and for said County and State, personally appeared REX REYNOLDS, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. WITNESS my hand and official seal. b6aaa♦OaaO®aaP,p}byapP4abgldaOs . h1ARGARET E. WHITE qa NOTARY PUBLIC•CALIFORNIA PRINCIPAL OFFICE IN 6 Notary Public in and for saki ORANGE COUNTY a County and State q OFFICIAL SEAL MY Commission Expires Aug.ih 1474. 4 aesaaaaosa®oaoaaa-�aaaaa�ao�sa�► -1.5- ' • • 1 h LEGAL DESCRIPTION All of that property located in the County of Orange, State of California, described as follows : Parcel. 1: The North half of the East half, of the Northeast quarter , of the Southwest quarter of the Northeast quarter of Section 34 , Township 5 South, Range 11 West in the Rancho la Bolsa Chica in the City of Huntington Beach, County of Orange, State of California. Parcel 2: The West half of the Northwest quarter, of the Southeast quarter, of the Northeast quarter of Section 34, Township 5 South, Range 11 West in the Rancho la Bolsa Chica in the City of Huntington Beach, County of Orange, State of California. Exhibit"A" t/,• iM r ASSIGNMENT OF LESSOR' S RIGHT IN MONTH-TO-MONTH TENANCY THIS ASSIGNMENT, made this 28th day of May 1974, I.,y r,,UTH CURTIS, Executrix of the Estate of William L. Curtis, Deceased, to CITY OF HUNTINGTON &-EACH, a municipal corporation. R E C I T A L S: 1. The following described real property is now owned by the Estate of William L. Curtis, Decsased, to wit: The Northeast quarter of the Northeast quarter of the Southwest quarter of the Northeast quarter of Section 34 in Town- ship 5 South, Range 11 West, San Bernardino Base and Meridian, in the City of Huntington Beach, County of Orange, State of California. 2. The City of Huntington Beech concurrently with this Assignment is acquiring title to the above described real property, excep Ang therefrom all oil, gas , minerals, and other hydrocarbon substances or byproducts or other derivatives therefrom at a level below 500 feet from the surface thereof. 3. The above described real property is leased on a month-to-month tenancy to REX REYNOLDS In connection with such month-to-month tenancy the lessor has received $ -0- in advanced monthly rental, $ -0- as a security deposit, and $ -0- as a cleanup deposit. j I' Y- i 4. As part of the agreement for the conveyance of the above described nroperty to the City of Huntington Beach, lessor is required to make this assignment of all of its rights under such month-to-month :.enancy, and tc prorate advance rentals .received as of the date of close of escrow. The .lessor is also required to forward to the City the amount of any security deposit or cleanup deposit as delineated above,. Such proration sxiall take place during the closi,nq of the above referred -to concurrent con- veyance to the City of Huntington Beach. 5. On the 28tb day of May , 1974, the executrix of the ( P; William L. Curtis Estate received permission from the Superior Court of the State of California, for the County of Mendecino, in which such prorate is pending, to make this assignment. NOW, THEREFORE, in consideration of the conveyance of -lie above described real property to tie City of Huntington Beach, and of the premises set forth in the recitals of this assignment, Ruth Curtis, Executrix of the Estate of Wiliam L. Curtis, Deceased, hereby assigns all interest as lessor of -the above described lease to the City of Huntington Beach, together with all rights to hereinafter receive all rents or other usages of the property from and after the date of this assignment. Executed this 28th day of May �, 1974, at Santa Rosa California. Rut Curtis Executrix of the Estate William L. Curtis, Deceased 2. eturn original and three copies of Distribution: Original—Originating p completed certificate to: CERTIFICATE OF INSURANCE After Approval Yellow—Risk Manager t. City of Huntington Beach TO By City Attorney Pink—City Clerk Dept. CITY OF HUNTINGTON BEACH,CALIFORNIA Gold—City Attorney P.0.Box 190 Huntington Beach,California 92648 A MUNICIPAL CORPORATION This is to certify that the policies of insurance as described below have been issued to the insured by the under- signed and are in force at this time. If these policies are cancelled or changed in such a manner that will affect thin certificate,the insurance company agrees to give 30 days prior written notice,by mail,to City of Huntington Beach,P.0. Box 190, Huntington Beach,California 92648. Name of Insured Address of Insured Location of Insured Operations Description of Operations _ POLICIES IN FORCE POLICY LIMITS OF LIABILITY NUMBER EFFECTIVE EXPIRATION A, Workers Compensation Statutory Employers' Liability $ B. Public Liability: *$300,000 combined single Bodily Injury: limit per-iccurrence. Manufacturers and Contractors El $ * Each Person Comprehensive General $ * Each Accident (Including products completed operations) Property Damage $ * Each Accident C. Automobile Liability: Bodily Injury $ -----*---_Each Person $ * Each Accident Property Damage I $ * Each At ,dent Does policy cover: (Please check at least one) All owned automobiles ( )Yes ( ) No Non-owned automobiles ( }Yes ( ) No Hired automobiles ( ) Yes ( ) No D. Additional Insured Endorsement: The insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups, committees, commissions, boards and any other City Council appointed body, an /or elective and appointive officers, servants or employees of the City of Huntington Beach, when acting as such are additional insureds hereunder,for the acts of the insured,and such insurance shall be primary to any insurance of the City of Huntington Beach. E. Hold Harmless Agreement: By Insured: t (Signature) The insured agrees to protect, defend, indemnify and save harmless the City of Huntington Beach against loss,damage or expense by reason of any suits, claims,demands,judgments and causes of action caused by insured,his employees,agents or any subcontractor or by any third party arising out of or in consequence of the performance of all or any operations covered by the certificate of insurance. F. Remarks: APPROVED AS TO FORM: GAI L HUTTON City Attorney By: Deputy City Attorney Date AUTHORIZED REPRESENTATIVE OF INSURANCE COMPANY INSURANCE COMPANY By Name Signature of Authorized Rep esentative/.Agent Address Address City Telephone 'Nc ;.L i rSsn cc yr p�f ✓ y t xx !i 1 '� A X F 4'"'.R 7 1 r- 1 J''�5` Y' t '6.`, �44 t. 'iqa st'�.X�t';'. Vell f)•1'3..Y:.7 !_ �4P .i.i`� c :.+f2ryw'I.r:ai. 5'9fzi ?lfal.,,-::sg. �.uchl..'.,d ;j1.(''.1..i.J'.$smfi.�zaai:¢ 1'isYri..aX�� r5•a�a.!'3'taVi� S.....� 31 �a:.,.:" - 7ED W. GELD INSURANCE AGENCY' CONWANiES AFFORDING COVERAGES 1801 WEST LINCOLN AVENUE u AIlIAAHEI2`1, CALIFORNIA 92813 COTTTER"Y A B` -`� INSUR,ANC�E COMPANY (714) 991-1000 r COMPANY LETTER NAME AND ADDRESS OF INSURED 7]T,`7;;F .T�� -�f�,�g�� STABLES COMPANY < L1`LYNOrLDSSr r1�3T.7ARDIIt,7rG LETTER �+�.^pp® 602 1AYLOR AVENUE COMPANY g y� g1ITNII13G2M , CALIFORt�I?A 92647 LETTER k.d I>, - COMPANY ,� LETTER s-.-%>. r x This is to certify that policies of insurance listed below have been iss� .d to the insured named above and are in force at this lime. Notwithstanding any requirement,term or condition u of any contract or other document with respect to which this cent. ate may be issued or may pertain,the insurance afforded by the policies described herel, Is subject to all the terms,exclusions and conditions of such policies. *� COMPANY POLICY Limits of Liability in Thousands(U U) �,. LETTER TYPE OF INSURANCE POLICYNUMBEI* EXPIRATION DATE F.Ar,, +OGFIIG".TF OCCURRENCE� GENERAL LiABILITY j r �•,„j t;!%T7jLY i'+JURY b lj—i 11 �� (❑(�-�COMPREHENSIVE FORM PREMISES—OPERATIONS 039 PRO?ERTYDAMAGE $ A 547 4/�/G1 5 ❑EXPLOSION AND COLLAPSE 8 ( ! HAZARD .ff}fi ❑UNDERGROUND HAZARD ❑PRODUCT54'OMPUTED HAZARD r$- OPERATIONS 1+ D DODILV INJURY AND }'C' ' ;. ❑CONTRACTUAL INSURANCE PROPERTY DAMAGE $ 300 300 ' u.) ❑ B FORM PROPERTY COMBINED DAMAGE ❑INDEPENDENT CONTRACTORS �- ❑PERSONA!. INJURY PERJ014% iNJtJP.Y $ AUTOMOBILE LIABILITY E<t(,'Lrlr++nn i-�---� -- ❑COS!PHEHENSIVE FORIA SODUINi-jPY z rY{ ❑OWNED 3 Y- Ll HIRED s IrnPERTv �i 801)1LY INJIh Y AND y ��r ❑NON OJlNEEF ) PP?)P1 RTY CAG,AGF EXCESS LIAKITY �— ❑ UMBRELLA FORM PROPERTY DAMAGE $ $ ❑ OTHER THAN UMBRELLA COtigBiNEU FORM ra2 Fmob"tPS' WORKERS'COMPENSATIONg4F STATL'OFqf x T and t , EMPLOYERS'LIABILITY ` " y ((WHAccim,v.' OTHER j KC Y^ iLS 7a.F..PjiyT6 L' l..n f,'" 'H f`� .'r.` '�.`5.��.srur,.�.dti -,:•e •�..Y, '..•''+4i:��»:Tr;��'��..z"..r.•'y_.EK.r.3:ac.... ,.u ,=., .E-F.,;,.,s...:..... 1::^..zz::..... ,.�w:e..,m.'• _. �.:i:.s.:'.L....n.r.�> ._.. r Ta DESCRiPTIui;OF OPERATIONS&OCATIONSrVEHFCLES ABDT oNL AL INSURm EL i ?6ari NT r.CO: CITY OF BEACH A MUCIPAL CORP. k * 250 DIDUCTIB M gs Cancellation: Should any of the above described policies be cancelled before the expiration date thereof. the issuing com- pany will endeavor to mail —18-- days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. �y NAME AND ADDRESS OF CERTIFICATE HOLDER! DATE ISSUED: ECjajB 4g_,j J..,—J9 CI M Or L MON BEAM, g A MiNICIl'AL .r,ORPOPATIGN ' P. 0. LOX 190 ti �--Cf_,. 1 ,��2�✓�vy f T 1-012MTON BMCH, CA 92648 , AUTHORIZED REPRESENTATIVE � a, v ENDORSEMENT This endorsement,effective: . 12z4U A M. '415AO forms apart of policy No. Gjr-303984T issued to RAYNOTDS BOAUDIM XTABM by S CO. S 3N CQN=nAT'ION OF AN A=TICNAL FR== OF $81.00, IT IS HMM STWD ADD AGRMW THAT TaZ FOLLOWING IS ADZM AS AN ADDITIKAL INSURED AS RESPNCTS THE OPMATIONS AND ACTIVI- TIES OF KAMM INSURED: CITLY OF I F3 I�INOTON XACZ,, A WICIPAL CORPORATION P. ode BOX 150 HUNTING ON WAG€ , CALIFORNIA, 9264 ii • f 7 < L E A S E THIS LEASE is made and entered into at Santa Ana, California, on March 4 , 1971, by and between MAUDE BIBEAULT, referred to herein as "Lessor10 and REX REYNOLDS, an individual, referred to herein as "Lessee" . R E C I T A L S: Lessor owns certain unimproved real property in the City of Huntington Beach, County of Orange, State of California, more particularly described in Exhibit "A" c ..._ached hereto and incorporated herein ;by this a o-ferance and hereinafter referred to as the "Leased Premises" . Lessee desires to lease this raw acreage and improve it so as to operate a horse stable under the fictitious firm name of "Rex Reynolds Boarding Stable". NOW, 'THEREFORE, in consider anion of the foregoing and of the rents, conditions, terms and covenants herein con-cained, the parties hereto agree as follows: I PREMISES Lessor does hereby _et, lease and demise to _,;ssee, and Lessee does hereby. lease and - 3Ke fror, Dr.ssor for the teem, at the rental and upon the cond.it.Lons, covena�4zs and pY ;visions set forth in this Lease, those; ce_tain unimprved premises more particularly described on Exhibit "A" attached hereto. II TERM Section 1. Period and commencement. The term of this Lease shall be for a period of one (1) year commencing on March 4, 1971 and ending on March 3 , 1972. Section 2. Cancellation. At any time during the teria of this Lease either party hereby may terminate this Lease upon ninety (90) days prior written notice to the other. Section 3. Extension of Term. Lessee shall have the option to extend the -term of this Lease at the same rental for an additional two (2) year period upon written notice to Lessor given at least sixty (60) days prior to the termination of the initial term of this Lease. In the event of such an extPnsi.one Lessee agrees to pay .any increase in real property taxes which may be assessed on the Leased premises during such extended term over such taxes as are assessed during the initial term. IZI USE OF PREMISES Section 1. Type of Use. Lessee shall use the Leased Premises for the purpose of conducting a business generally engaged in boarding, renting and caring for horses, together with all customarily related uses of a horse stable operation, J Section 2. Compliancy: With Law. Lessee agrees that all of Lessee' s operations or activities on the Leased Premises shall be conducted in compliance with all applicable statutes, ordinances, laws and governmental rules and regulations of every nature and effect, including with- oat limitation, all zoning laws and ordinances and all health and business permits. Lessee further agrees not to commit any public or private nuisance thereon. IV RENTAL Lessee agrees to pay to Lessor, as rental for the Leased Premises , payable month•z.y in advance without offset or deduction, on the first business day of each of the twelve (12) calendar months during said term, the sum of Forty-five Dollars ($45. 00) . V MAINTENANCE AND ALTERATIONS Section 1. Majntenance. Lessee agrees that he will, at ais own cost and expense, keep the Leased Premises and improvements thereon, and every part thereof, except as hereinafter provided, in as good order, condition and repair as they shall be upon commencement of the term of this Lease. Section 2. Additions and Alterations. Lessee, when not in default of performance of any of his obligations hereunder, shall have the right, during the term of this Lease, from time to time, to construct and build all such corrals , stables, fences and other improvements rs he reasonably desires on the Leased Premises. The Lessee agrees to erect and maintain a fence or other adequate barricade completely surrounding and sealing from entry those two certain abandoned oil wells located on the Leased Premises. Upon termination of this Lease, Lessor, at her option, may require the removal by .Lessee, at his expense, of all buildings and improvements and other property installed, placed and attached to, or in or about the Leased Premises by Lessee. Any auch property of Lessee not removed from said , 3- Leased Premises within twenty (20) days after expiration or termination of this Lease shall at the option of Lessor be deemed abandoned by Lessee and shall become the property of Lessor. Section 3. Mechanics` Liens. Lessee shall furnish Lessor with a California Mechanics and Material lien bond to insure payment of the Y cost of all such improvements (including but not by way of k { limitation, all grading work) and work done by parties or entities other than Lessee or his immediate family. Moreover, Lessee will. not permit any mechanics , laborers or materialmans lien to stand against the Leased Premises for any labor or material furnished to Lessee or claimed to have been furnished to Lessee or to Lessee' s agents, contractors or sublessees, in connection with work of any character performed or claimed a to have been performed on said premises by or at the direction of Lessee; provided, however, that Lessee shall have the right to contest the validity or amount of any such lien or claimed lien so long as Les.,�E:e shall give to Lessor reasonable security, which need not exceed one and one-half times the amount of such lien or claimed lien, as may be demanded by Lessor to insure payment thereof and to prevent any sale, foreclosure, or forfeiture of, the premises by reason of such nonpayment. In the event a lien or claim of lien is found to be invalid, on final determination thereof Lessee will immediately pay any judgment rendered with all proper costs and charges and .shall have the lien released or judgment satisfied at Lessee's sole expense. Lessor shall at all times have the right to post and to keep posted on the Leased Premises such notices provided for under and by virtue of the laws of the State of Cal.iforn� -4- for tho protection of the Leased Premises from mechanics liens or liens of a similar nature. Section. 4. Fixtures. All- signs and all fixtures and equipment, of every type and description, which have been or may be installed, placed or attached to, in and about the Leased Premises by Lessee shall always remain the property of Lessee and upon terminati-)n by expiration of time or otherwise of this Lease, or at any prior time, Lessee may remove all or any of said signs, fixtures and equipment so installed, placed or attached. Upon the termination of this Lease, Lessor, at her option, may require the removal 1,7 Lessee, at his expense, of all signs , fixtures, equipment and other property installed, placed or attached to, in or about the Leased Premises by Lessee. Any property of Lessee not removed from sai-_ Leased Premises within twenty (20) days after the expiration or termination of this Lease shall, at the option of Lessee, be deemed abandoned by Lessee and shall become the property of Lessor. VI TAXES Section 1. Real Property. Lessor agrees to pay all real property taxes and assess- ments levied upon the land comprising the Leased Premises; pro- vided, however, that if Lessee constructs any building or improvements which are taxed as secured property, Lessee shall pay the pro rota portion of the secured property taxes attributable to such building and/or improvements. Section 2. Personal Property, Lessee agrees to pay all personal property taxes and EL c5 W - assessments levied upon or against all livestock, fixtures, equipment, stock-in-trade, inventories and any and all other personal property located on or used in connection with the Leased Premises. VII CONDEMNATION If, during the term of this Lease, there is a taking or transfer or damage to all or any part of the land subject to this Lease for a public use by any individual or entity, public or private, possessing the power of eminent domain, whether by a condemnation proceeding or otherwise (hereinafter referred to as a "taking") the rights and obligations of Lessor and Lessee with regard to such taking, shall be governed by the provisions of this Article. Section 1. Date of Taki-CL. The date of taking as used hereinafter in this Article is defined as the earliest of the following dates : (a) The date legal possession is taken, which is the date after which the condemnor may take possession of the property as stated in an order authorizing the condemnor to take possession. (b) The date a final order of condemnation or final judgmont is filed or recorded or the date a final deed is recorded in the event of a transfer (c) The date that physical possession of the property is taken. Section 2. Total or Partial Taking. In the event of a total or partial taking, this Lease shall terminate (subject to the provisions of Section 3 herein) as of the date of taking as above defined, and the rental payable to Lessor shall be prorated as of that date. Section 3. ,abandonment of Condemnation Proceedings In the event the condemning agency shall abandon an eminent domain proceeding after termination of this Lease as provided for in Section 2 above, then the parties may, by mitual written agreement, revoke and cance' -ch termination. ,Upon an express or implied abandonmer' either party hereto shall have the right to contest condemnor' s abandonment arr.d a right to its respective costs and disbursements as defined and provided for in the California Code of Civil Procedures Section 1255 (a) or any amendment thereof. Section 4. Apportionment of Award. In the event that an award is made for the taking or damage of the land which is the subject of this Lease in any action in direct or inverse condemnation, or in the event of a transfer in lieu thereof, the parties hereto agree that all of the award of compensation paid shall go directly to Lessor, including, without limitation, (a) that portion of the award of compensation received for the appropriation of property, including all damages for severar_ :, and (b) any interest paid on any award of compensation. Lessee hereby irrevocably assigns and transfers to Lessor any right to ccrperisatior_ or damages to which Lessee may become entitled during the term hereof by reason of the taking of all or a part of the demised premises , except as to that portion of any award which might be specifically allocated for improvements , trade fixtures or other property of the Lessee. -7- i Section 5. Attorneys ' Pees and Costs. Each party shall bear its own costs, attorneys ' fees , appraisers' fees and all other costs in connection with any matter contained s.n this Article, except as may otherwise be provided. Section 6. Right of Entry. N _ her party hereto shall grant a right of entry to any condemnor without the written consent of the other party hereto. Section 7. Notices. In the event either party hereto receives actual or constructive notice of any acts on the part of an entity or individual possessing the power of eminent domain which would cause or allow any of the provisions of this Article to be invoked, then in that event such parties shall immediately notify the other party in writing of such information. VIII INSURANCE AND INDEMINITY Section 1. Liability of Lessor. Lessor shall not be liable at any time for any loss , damage or injury to the property or person of any person whomso- ever at any time or occasioned by or arising out of any act or omission of the Lessee, or of anyone holding under Lessee or the occupancy or use of said Leased Premises or any part thereof or directly or indirectly from any state or condition of said Leased Premises or any part thereof during the term of this Lease. -8- Section 2. Indemnity. Notwithstanding anything to the contrary herein con- tained and irrespective of any insurance carried by Lessee or Lessor for the benefit of Lessor under the terms hereof, Lessee agrees to protect, indemnify and hold Lessor and said Leased Premises hLL.L.' ess from any and ill damages or liability of whatsoever nature arising under the terms hereof or arising out of or in connection with the operation carried on by Lessee on, or any use or occupancy of the Leased Premises. Lessee further agrees to hold Lessor financially harmless (a) from the consequences of any violation of any laws , or­Anances or regulations , and (b) from all claims for damages on account of injuries, death or property damage resulting from any such violation. Section 3. Insurance. Lessee agrees to procure and keep in force,, at his own cost and expense during the term of this Lease a policy of comprehensive public liability insurance with limits of not less than $100,000. 00 as to any one person and $300 ,000. 00 as to any one accident and $25, 000. 00 as to property damage issued by an insurance carrier satisfactory to Lessor, and Lessor shall be named as an additional insured therein. A certificate of said insurance, together with proof of payment of the premium therefor shall be delivered to Lessor not less than fifteen (15) days prior to the renewal date of any such insurance policies during the term of this Lease.- IX DEFAULT Any and all of the following acts or omissions by Lessee shall constitute a default of this Lease. (a) Use of the premises for any purpose ot.ier than as authorized in this Lease; or (b) Default in the payment of any installment of rent or other sums when due and in the amount due; or (c) Failure to pay any insurance premium, lien, claim, demand, tax, assessment, judgment or other charge provided in this Lease to be paid or, caused to be paid by Lessee at the time and in the manner and amour.,_ hereinabove provided; or (d) Failure to maintain '.he Leased Premises or cause the same to be maintained as provided in this Lease; or (e) Abandonment or vacation of the Leased Premises for a continuous period of ten (10) days; or (f) Failure to perform or breach of any other covenant, condition or restriction provided in this Lease to be kept or performed; or (g) The filing of any petition in bankruptcy, whether voluntary, involuntary or by operation of law, or any arrange- ment by or against Lessee pursuant to Chapter X or Chapter XI of the Bankruptcy Act, or any general or individual assignment for the benefit of creditors; or (h) The filing of or placin,, of any lien, attachment, receiver or execution levied against or upon any and all of Lessee' s right, title or interest in and under said Lease, or upon any and all of Lessee' s right, title or inter.:st in any . of the fixtures, equipment or other improvements to be placed upon the Leased Premises by Lessee, if said liens, attachments or executions are not released within fifteen (15) days of the effective date thereof. _10- X REMEDIES IN EVENT OF DEFAULT 4 Upon the default of Lessee: y (a) 7n the event the said default is due to the failure of Lessee to make the payment of any installment of rent or other sum when due, and Lessee shall fail to remedy said default within three (3) days after written notice so to do; or (b) In the event said default .ems due to other than the failure to make a payment of moneys, and in the event Lessee shall fail to remedy such default within twenty (20) days after written not4re so to do, specifying the nature of such default, then and in either of said c —nts , in addition to any other remedy Lessor may have by c. ation of law, Lessor shall have the right, without further demand or notice to reenter the premises and eject all persons from the premises using due process of law; and, at the sole option of Lessor, may either: (a) Declare this Lease at an end, in which event Lessee shall immediately pay Lessor a sum of money equal to the amount, if any, by which the then cash value of the rent reserved under this Lease for the balance of the leased term exceeds the then cash reasonable rental value of the premises for the balance of the leased term; or (b) Without terminating this Lease, relet the premises or any part of the premises as the agent and for the account of Lessee on such terms and cond'tions as Lessor may deem advisable, in which event the rents received under such reletting shall be applied first to the expenses of such reletting and collection, including necessary renovation and alterations of the premises , reasonable attorneys ' fees, any real estate commissions paid, and second to payment of all sums due or to become due to Lessor under the Lease; provided, also, that if a sufficient sum 13hall not thus be realized by allocating such sum or other charges , Lessee shall pay Lessor any deficiency monthly, notwithstanding Lessor may have received rental in excess of the rental stipulated in this Lease on previous or subsequent months ;- and Lessor may bring an action therefor as such monthly deficiencies shall arise. Any such reentry shall be allowed by Lessee without .let or hindrance, and Lessor shall not be liable in damages for any such reentry, nor be guilty of :trespass or forcible entry. XI MISCELLANEOUS Sectio: 1. Payments and Notices. Any notice or, payment to be given or paid, or any other document to be delivered by either party to the other hereunder may be delivered in person to either party, or may be deposited in the United States mail in the State of California, duly I registered, with postage prepaid thereon and addressed to the party for whom intended as follows: To Lessor: c/o VerLyn N. Jensen, Esq. 888 North Main Street Suite 1005 Santa Ana, California 92701 To Lessee: 11771 Mac Street Garden Grove, California Either party hereto may, from time to time, by written notice to the other party, designate a different address which shall be substituted for the one above specified. If any notice, �i2� payment or other document is sent by registered or certified mail as aforesaid the same shall be deemed served or delivered twenty-four (24) hours after the mailing thereof as. above provided. Section 2. Attorneys ' Fees. In the event of any dispute between the parties hereto involving the terms, conditions or covenants contained in thi-9 Lease or otherwise arising out of the subject matter of this Lease, the prevailing party shall be entitled to recover in the judgment reasonable attorneys ' fees, expenses and costs. If Lessor shall, without any fault on the part of Lessor, be made a party to any dispute involving Lessee growing out of or having relation to the Leased Premises or to this Lease, then Lessee shall pay on demand all the reasonable expenses, attorneys' fees and costs incurred by Lessor in connection with such dispute. Section 3. Waiver. Except to the extent that Lessor may have otherwise agreed in writing, no waiver by re :or of any brew it zy Lessee of any of its obligations, agreements or covenants hereunder shall be deemed to be a waiver of any subsequent or continuing breach of the same or any other covenant, agreement or obligation. Nor shall any forbearance by Lessor to seek a remedy for any breach by Lessee be deemed a waiver by Lessor of her rights or remedies with respect to such breach. Section 4. Holding Over. In the event Lessee holds over after the termination of this Lease, such holding over shall not be considered as being a renewal of. this Lease, and such holding over shall be construed to be a tenancy from month to month only, at -,he same -13- � rental and under the same terms and conditions as are herein provided. Section 5. Successors and Assigns: Subject to the limitations on assignment, subleasing and insolvency, this Lease shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. Any transfer of this Lease whether by Lessee or any assigns of Lessee by operation of law or by voluntary assignment, without the consent of Lessor, shall not diminish, alter or prejudice the direct and primary liability of Lessee under this Lease and the covenants hereof. Section 6. Inspection. Lessor shall at all reasonable times during Lessee' s business hours have access to the premises for the purpose of inspection or repair. Section 7. Relatioziship of Parties. The relationship of the parties hereto is that of Lessor and Lessee only, and it is expressly understood and agreed that Lessor does not in any way nor for any purpose become a partner of Lessee or a joint venturer with Lessee in the conduct of Lessee' s business or otherwise and that the provisions of any agreement between Lessor and Lessee relating to rent are made solely for the purpose of providing a method whereby rental payments are to be measured and ascertained. Section 8. Time. Time is expressly declared to be of the essence of this Lease. Section 9. Headings and Numbers. The marginal headings or titles to the paragraphs and Articles of this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part of this Lease. Whenever the singular number is used in this Lease and when required by the context, -the same shall include the plural, and the masculine gender shall include the feminine and neuter genders and the word "person" shall include corporation, partnership, firm or association or any combination thereof. Section 10. Quiet Enjov ment. Provided the Lesse,_ performs all of his covenants , agreements and obligations hereunder, the Lessor covenants that Lessee shall have the peaceful and quiet enjoyment of the Leased Premises without let or hindrance on the part of the Lessor, and that L sor will warrant and defend the Lessee in the peaceful and quiet enjoyment of the Leased Premises against. all claims of all persons claiming by, through or under the Lessor. Section 11. Entire Agreement. This Lease contains the entire agreement. of �`-he pa, ties hereto with respect to the matters covered hereby, and no other agreement, statement or promise made by any party hereto or to any employee, officer or agent of any party hereto, which is not contained herein, shall be binding or valid. !N WITNESS WHEREOF, Lessor and Lessee have caused this Lease to be executed as of the day and year first above ,written. REX REYNOLDS MAUDE BIBEAULT '"Lessee" "Lessor" 15- LE STATE Or CALIFORNIA ) ss. COUNTY OF ) ON March 1971; before me, the undersigned, a Notary Public in and for said County and State, personally appeared MAUDE BIBEAULT, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same. WITNESS my hand and official seal. Notary Publi ,° in and for said County and State STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On March 1971, before me, the undersigned, a Notary Public in and for said County and State, personally appeared REX REYNOLDS, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. WITNESS my hand and official seal. o�rbaaaa4eoa oaaoaaaaaoeaeaae�a+♦ A 41 MARGARET E. WHITE 6 NOTARY PUBLIC•CALIFORNIA® •�� � �'`�" �'" PRINCIPAL OFFICE IN ; NotarPublic in and for said ORANGE COUNTY vCounty and State ® OFFICIAL SEAL MY COmmis$100 Expires Aug.11,1974 41 m00000@Ot►OOOo4A04+0a0000®ex400®o LEGAL DESCRIPTION ,All of Vat property located in the County of F Orange, State of California, described as follows: 'f Parcel 3 : The West half of the East half, o e orthwest quarter, of the Southeast quarter, of the Northeast quarter of Section 34, Township 5 South, Range 11 West in tae Rancho La Bolsa Chica in the City of Huntington Beach, County of Orange, State of California. CITY OF HUIMTINGTON 2000 MAIN STREET CALIFORNIA 92648 P. 0. Box 190 COMMUNITY SERVICES DEPARTMENT (714) 536-5486 Vincent G. Moorhouse,Director I September 21, 1982 Mrs . Betty Reynolds Reynolds' Boarding Stables P. 0. Box 1476 Huntington Beach, CA 92647 Dear Mrs . Reynolds : Re: Termination of Lease Agreement At its September 21, 1982, meeting, the City Council authorized execution of a ground lease agreement with Better Built Enterprises, Inc . , for the operation of an equestrian center in Huntington Central Park, spe- cifically, in the location you are presently occupying. May this letter serve to establish a termination date of October 31, 1982, of your lease with the city . In accordance with said lease , we are giving you more than thirty days notice of cancellation. Mr. Ed Milligan, President of Better Built Enterprises, will be contacting you this week to set up a meeting to discuss the matter of persons currently, boarding horses at your stables . Every person will have the opportunity of transferring their horses to Mr.. Milligan' s operation. May I take this opportunity to express my appreciation and that of the City Council for the long and harmonious relationship the city has enjoyed with you. If you have any questions concerning this matter, please feel free to contact me directly . Sincerely . CENT G . MOORH USE )hector Community Services VrM:MMB: cs / cc : City Administrator; City Attorney; City Clerk; Ed Milligan; Don Noble; Daryl Smith Am qq a� J, ex CITYNTS 2000 MAIN STREET CALIFORNIA 92648 P. 0. Box 190 COMMUNITY!SERVICES DEPARTMENT (714) 536-5486 Vincent G. Moorhouse,Director September 26, 1980 Mrs . Betty L. Reynolds Reynolds Boarding Stable P. 0. Box 1476 Huntington Beach, CA Re : Certificate of Insurance Dear Mrs . Reynolds : Please be advised that the insurance covering your Lease of city property at 6602 Taylor Avenue has lapsed . I have enclosed a copy of your insurance certificate for last year for your convenience . Please have your insurance company fill out the attached City Certificate of Insurance form. Be sure to sign Paragraph E, Hold Harmless Agree- ment , before returning to this office for final processing . Thank you for your prompt attention to this matter. Sincerely, Vincent G. Moorhouse Director, Community Services By: Melvin M. Boorman. Superintendent/Deputy Director VGM:MMB:cs cc : City. Clerk Attachments Recreation and Park Development—Beach Operations—Human Services City ®f Huntin ton Beach P. O. BOX 190 o CALIFORNIA 92648 • TELEPHONE (714) 536-5281 DFPA1rF.W,;N'r OV HARBORS,IWACftr.S,RrCItl:VPION IND 111Aft S V[N(,E.I\r C.M0011110t'SL,DIR 70 11 ebruary 2'3, 1979 { t firs . Betty L. Reynolds ` 0. Box 1476 Hunt__igton Beach, CA 92647 Re : Reynolds Board Stable Certificate of Insurance Dear Mrs . Reynolds Pursuant to your meeting with City representatives on February 22, 1979 , enclosed is a Certificate of Insurance form which your insurance agent should fill out regarding public liability and property damape , as well as worker ' s compensation if you employ any persons at your. stable . Please sign the Mold Harmless Agreement, which is Paragraph E on the attached form, before returning the completed form to this office for final expediting. If you have any questions, please communicate with ire directly at (714 ) 536--5281. Sincerely, Vincent G . Moorhouse Director By Melvin M. Bowman Harbors , Beaches , Recreation & Parks ` GM:MMB:cs Attachment cc : City Clerk Address all communieatinr,.tr,the Director,Harbors.Laache:,Recreation and Parks Department 0 . .j City of Huntington Beach P.O. BOX 190 CALIFORNIA 9264E February 15, 1977 Reynolds Boarding Stable 6602 Taylor Avenue Huntington Beach, California Dear Mrs. Reynolds: The attached Notice of Cancellation was received by the City and forwarded to my attention for action. Your lease with the City requires that appropriate insurance be in force at all times. - .Please attend to this matter at your earliest convenience. S nc ref , A. De La Loza Contracts Administrator AD/cq cc: N. Worthy A. Wentworth III, 11 >r t' L a ip n etOivIeIiiHUNIAL --f all Ila OF Owners`„ Landlords' an Tenants' Liability Insurance Polic„y KIND OF POLICY _ POLICY NO, ISSUED THROUGH AGENCY OR OFFICE AT: CANCELLATION OR EXPIRATION WILL TAKE EFFECT AT: DATE OF NOTICE (Gate) (Hour—Standard Time) CAG 22k7_5L_—. to An"A 2-19-77 7-77 _ INSURANCE COMPASS INSURANCE Cr'iPANY COMPANY c/o hull & Company (Califoi,"nia) , Inc. 1441 East 17th Street Santa-Ana;-E1�-927Q NAMEAND REYNOLDS BOARDING STABLE ADDRES 6602 Taylor Avenue OF INSU ED Huntington Beach, CA (Specific information concerning the cancellation or nonrenewal has been given to the Insured.) TO LIENHOLDER: You are hereby notified thai the agreement under the Loss Payable Clause payable to you as Lienholder, which is a part of the above policy, issued to the above insured, is hereby cancelled(or terminated) in accordance with the conditions of the policy,said cancellation(or termination)to be effective on and after the hour and dale mentioned above. INSURANCE COMPASS INSURANCE COMPANY AuthDrized i:epresentativ COMPANY c/o Hull & Company (California), Inc. 1441 East 17th Street Santa Ana, CA 92701 NAMEAND CITY of HUNTINGTON BEACH ADDRESS P 0 Box 190 OF LIEN- Huntington Beach, CA 92648 HOLDER GU 8691b (Ed. 1-75) UNIFORM PRINTING a SUPPLY DIV. LIENHOLDER'S COPY .r ��'N"_�• '- L, x _..b.."w.¢ '1.nr- -.sw� K. .,.x.- t.a�.�.i.:+=r-��s•-!' -r" s. ....r„c�... .. .,,,,r d+^`�,� r� .T.7.-^y+}.� !^',y;Rw�Tt<rr'f '�+��+�'�i..tir�k tr .�-'t^�.f�i:, ,�„�a,� .- .sJY}�'�'''�"i»�� � s:•�� '.-Try� ���s5. r`.rvC'•'. b � ./.� City .ntin ton Beach e P.O. BOX 190 CALIFORNIA 92648 October 12 , 1971 ?fr. Rex Peyrt. cis 141 11,0. "lox 7 hunt nvt n Seac'n , Cali �. Dear 'Ir. Reynolds Pursuant to the conditions set forth in Pa.ranranh 14 of the lease a�;3'eement betueen you anti the City o-r' "untington beach c:overin ; certain real property, notice is riereby given of the City's intent to terminate the lease ,as of lovember 30 , J971 . You are hereby request_e-� to re7ove all of the stab ,e facilities can the property urithin tan clays followint, that date . Yours 1.rery truly , C Brander D. Castle .dint'; ;dT"inistrator BDC.bc.o CC; Norm Worthy Ide Cn -HRTM ROME an Pfl, RIP ST P.O. SOX 190 - HUNTINGTON BEACH, CALIFORNIA 92648 TELEPHONE (714) 536-5486 �r RECREATION CENTER o 1706 ORANGE AVENUE NORM WORTHY Director TOM BUSHARD Superintendent VIVIAN BORNS Rec. Supervisor GARY DAVIS Rec. Supervisor JON "RIP" RIBBLE Rec. Supervisor Memo to: Mr, Brander Castle, Acting ity Administrator From: Mr. Norm Worthy, D�1-7ector, Re^reation & Parks Date : October 8, 1971 Subject : Rex Reynolds lease, Huntington Central Park I would like to request that you and the City Council terminate Mr. Rex Reynolds lease with the City for the purpose of stabling horses in Huntington Central Park as of November 30, 1971 upon giving him 30 days notice follow- ing the proposed City Council action on October 18, 1971• Mr . Reynolds is in the process of moving his stable to property adjoining the park on the south, but a definite termination date of his lease is required to satisfy all parties concerned. NW:ar RECREATION t5 A FAMILY AFFAIR "",n � # i d � r a t "° =9 K jt✓�� ^''`� h ,,., t . J 1 +i f t S ZI ,art. t . /jJf $�/�/✓ /f�JyyQ�/j l� KY e; P.O. BOX 190 HUNTINGTON BEACH, CALIFORNIA DZ648 TELEPHONE (714) 536-54Eti RECREATION CENTER a 1706 ORANGE AVENUE NORM WORT14Y asrecto, TOFF BUSHARD Superintendent VIVIAN SORNS Rev. Supervisor GARY DAVIS Rec. Supervisor .ION "RIP" RIBBLE Rec. Supervisor Memo to: fir. Don Bonfa, City Attorney _'rcm: M-0. No-m Worthy, Rec:.°eaticri & Par}:, Direct.-or Date : October 8, I91471 Subject : Rules S. Rez:ul idons Review - Use cif' r :crea a.ional facl 11 41-ies b,4 ,crrfrr:unit�- op, ,anl' r_T at and f roup: I Mould appreciate it if yuu v,,_,uld assi n onu cf your at crney-staff rr,embtx . tv g i over the atta rheyci forms � with the Recre 4-tion rind Parks „*aff arlembor,- c'r, or Tuesiay, Cot. .",1 nr 12. It is imp(-,ram tive that we update our builaing use rer ula`,1ons as, our new community iuild- in„s are not adequatel- covered by the r�;!xi sing, policy. We would like t�3 be .in a position to rewort our progress on this updating to the Conmis s:i.on :,n Wednes- day, October 1 , 1971. WW:ar :enclosure M e �{F S J . M E M O R A N D U k1 ddd By TO: Honorable Mayor and City Council FROM: Doyle Miller, City Administrator DATE: January 27 , 1971 In response to a discussion under oral communications at the January 18 Council meeting, may we report the following :regarding horse corra:_s on our central city '-` park property: f An inspection reveals that the operation is clean and E`= orderly with facilities for 100 horses . At present 8 " horses are being boarded on the site and the lease ex- pires, on 30 days written notice from the city . It is our recommendation that the lease cortinue iintil such time as construction on the central city pa,k commences , probably during the early fall of 1971 . The Building Departr:dnt reports that there are currently ten stables within our city housing 340 horses . The largest houses 90 horses and the smallest housing two horses . Doyle Miller City Administrator x D'4:b w o yy2 f `Y# y-, a MEW z CERTIFICATE# 1547-4-17 ( riratt of 3rwraurr EXECUTED FOR MEMBERS OF UNITED HORSEMEN OF AMERICA,INC. y Coverage as arranged with MIDDLESEX MUTUAL INSURANCE C1,MPANY UA Non-assessable Company Member:R Through REX REYNOI,1)S SOX Reynolds BOA}2DII3G STABLESAC Commercial National Security Service,Inc. Address: POLICY PERIOD Talbert & Golden West APRIL 17, 1970 To APRIL 17, 1971 Huntington Beach, California ANon-ProfitCorp 92646 @12:01 A.M.BOTH DATES AT THE ADDRESS OF ADDITIONAL ASSUREDS THE NAMED INSURED AS STATED HEREIN. UHA MASTER POLICY# BXB F4-84 27 DECLARATIONS AND SCHEDULE OF COVERAGE The Insurance afforded Is only with respect to such of the following coverages as are Indicated by specific premium charg6 or charges.The I� limit of the company's liability against each such Coverage shall be as stated herein,subject to all the terms of this policy having reference (6 thereto. Limits of Liability I each person each occurrence aggregate Coterages 9 $ 100 000 $ 300,000 $ A-Bodily injury Liability $ 50 000 $ 50,000 B—Property Damage Liability Rates Code Bodily Injury Prot erty Damage B.I. P.D. Premiun Bases No and Description of Hazards EST. GROSS Premises- Operations Covered i/CvA! RECEIPTS Same as above y Included .40 Inc. 25,OOO.00 Boarding, Training �1 Deposit premium subject to audit Composite Rate Total for all and is a minimum not subject to per$100.00 of Operations a short rate cancellation. gross receipts Covered Placement of coverage as shown confirmed subject to terms and conditions of standard policy form in use by Insuring Company including special Endorsement No. 1 as per copy attached hereto. Q 9 This Certificate may be cancelled by mailing to the Named Insured at the address showy,above written notice stating when not less than ten days thereafter such cancellation Shall become effective.Cancellation of the above mentioned policy by writteu notice to the Named Insured automatically cancels this :gip Certificate at the same time. /9 fJ HORSEMAN'S INSURANCE PLACEMENT COMPANY �r Authorized Representative a Ss ' Date: JULY 1., 1970 .9 ITT CASE OF INCIDENT INVOLVING IN?UIZY NOTIFY IMMEDIATELY: Y HORSEMAN'S INSURANCE PLACEMENT COMPANY 2424 Wilshire Boulevard Los Angeles,California 90057 �y Phone:(213)386-4044 Q Complete incidcnt report form and mail promptly.Supply attached for your convenience. 1 SPECIAL ENDORSEMENT No. 1 OPERA'1IONS AND PREMISES It is agreed that this policy provides coverage for the operations and premises described in the schedule attached hereto but limited to the following operations: Boarding, Training No coverage extends to any other operation or premises until the policy has been endorsed to declare such additional operations or premises and appropriate premium charge is made. DEDUCTIBLE In -onsideration of the reduced premium charged in the policy to which this endorsement is attached, it is hereby understood and agreed that the amount of $100.00 shall be deducted from each and every claim under the policy, including expenses. Such coverage as is afforded under the policy applies subject to the following conditions. 1. The terms of the policy, including those with respect to notice of accident and the Company's right to investigate, negotiate and settle any claim or suit, apply irrespective of the application of the deductible amount. 2. The insured shall contribute the amount of the deductible within ten (10) days from the date of request by the Company or its representative. 3. Failure of the insured to pay the amount of the deductible within ten (10) days as herein set forth shall void the policy with respect to the claim involved. 4. The request for payment of the deductible as herein set forth shall be sent to the insured by ordinary mail addressed to the Insured at the address listed in the policy; the ten (10) days shall begin to apply from the postmark of the letter bearing such request. PREMIUM ADJUSTMENT 1. The Insured shall pay to the Company,, upon inception of the policy period, the advance premium(herein called Deposit Premium) specified in the policy. 2. Th:. Insured shall rendr_r to the company on the last day of each period during the term of the policy (or, if no period is specified herein, immediately following termination of the policy) a detailed statement (herein called Report) exhibiting the basis for premium computation as specified in the policy. UNITED HORSEMEN O AMERICAN. 2414 WILSHIRE BOULEVARD • L OS ANGELES, CALIFORNIA 90057 TELEPHONE: (213) 3&6-41 i6 UNITED TO PERPETUATE ALL HORSEMEN ACTIVITIES 1,r 1 ( x f x A Non-Profit Corp. x t .n.surance Program For Yy, Mx REYNOLDS LOARDIN+G STABLES 3. Cancellation of the policy by the Company, following iti failure to r.ce4ve any such report within twenty (20) days after the due date tN reof, shall be uecmed to be cancellation of the policy at the election of the Insured. ;. �. The earned premium for the period coveted by each such Report shall, be computed on said Report at zhe ratc(s) specified in the policy, and suca earned premium shall be paid by the InsurCL to the Company immediately following computation thereof. S. CR,nce'. tion of thc policy by the Company, following its failure to re.:eive any premium within twenty (20) days after the due date thereof, shall be deemed to he cancol.a'ion of the policy at the election of the Insured unless such premium is receiw,f= and accepted Ly the Company prior to the effective date of su:h cancellation. 6. Credit for Deposit 1'remirm paid to the Company shall he given to the Insured when the full premium earned during the life of the Policy is determined in accordance with th. Policy provision. 7. Any earned premium computation made pursuant to the provisions of this endorsement shall be subject to recomputation following final audit of the Insured's books and. records as provided in the policy Conditions. f ADDITIO`AL EXCLUSIONS In consideration of the premium charged, it is agreed that such insurance as afforded by the policy does not appiv to injury, sicki—ss, disease, death or destruction due to o, arising out of: I. Any person practicin for or ^ _ticipating in any contest or exhibition. 2. The use ^r presence of any rented saddle animal on a public street or highway whi!v so rented, except with respect to in-Jury sustained by the rentee of said rented saddlo, animal,or 3. The ownership, occupation, use or maintenance of any stadium, „grandstand or ble4.,her (permanent or portable) for an,, purpose whatsoever unless specifically listed as part of the activitiies overed hereby. 4. Malpractice or Professional Seriices ansing out of Stud service or the activities of a veterinarian. WM F4-84 27 Attached to and forming part of Policy No. __ issued to, — Rex Reynolds_ DBA: REX rl Z1\1tZ,12 1J%RnIVG STABLES by Middlesex Mutual Insurance Company. AJPRIL 17, 1970 Effective Dater ' Authorized Representative HIPCO HIPCO HIPCO HIPCO HI HIPM HIPCO HIPCO HIPCO HIPCO WO HIPCO HIPCO HIPCO HIPCO O G) n O ,t ' U HORSEMAN 21_�" x 4 I ' O 2424 Wilshire Boulevard AR INSURANCE ese Suite 112 � ` w Los Angeles,California 9000`i ! o o HIP L C M ENT PHONE(213) 386--40 t x o ° INSURNNICE BINDER U #049 6 (� ° 1 O REX REYNOLDS BOARDI;.�G STABLES Date: May 15, 1970 o x uIn compl;ance with and in reliance upon the applicatior -)f the insured named above,we have arranged I o ° to hold bound for the period and coverage 'ndicated below: 12:01 am ro x EFIaECIiVE DATE OF COVERAGE 4/17/,0 at pm to 5/17/70 e a NAME OF COMPANY: Middlesex Mutual Insurance Company x � o a G COVERAGE t x o ° G TYPE;OF POLICY: `'pecial Comprehensive General Liability, excluding automobile. U x x K LIMITS OF LIABILITY: C B.I. 100,000/300,000 P.D. RD;9ftx 50, 000 o O (A B.I. 10,000/20,000 P.D. 5,00'. x x -o n DEDUCTIBLE: $100.00 ° x OPERATIONS COVERED: (Including premises in connection therewith) o ° +� Boarding, Training `M" ! O O �c U x x [ Isar''=. risk insured by this birder is covered subject to the agreements, general conditions, special # o -� conditions and warranties of the policy used by this Company in writing of the type of insurance �(c� covered hereby. x G MIENS-LAIRD and ASSOC. o ° y ADDITIk- FAL ASSUREDS U �c ()ALL FORMS OF x x .1{�D6UlC n 534-8320 ° O ( t}A �U 1 S9B W. KATELLA ANAHFIM, CALIF. ° HORSEMAN'S INSURANCE PLACEMENT CO. a x a ° ` x HIPr"O HIPCO HIPCO HIPCO HIPCO HIPCr' idPCO HIPCO HIPCO HIPCO HIPCO HIPCO HIPCQ HIPCO IiIPC.°() j NOTICE �r.. INSURANCE � Ai O .FIRE MARINE OTHMRJ GF:NTLEM .N, PLEASE Ec. ADVISEU THAT IN}VHANC.E: HAS N r R { N BSEN ORDER D t1OUND AS LISTED PF.NDt"(, ISSOANCF OF C ORIGINAL 0 EXTENDING D AMENDING A Poucv T �. E LEAs accE-r THIS FORM As A BINDER. O r (/S A DATE OF''HHEWOUS N!}TICE THIS EEI(NDER EXPIF!E'.5�.3r' -,AYS FIAOIA EF'F'£CiI V£ O&T. l; ir p D }kaROPERTY INSURED It r �"�"�'"•E F.F E£C1 V FY F- O jJ} FIRE DWLG. 5 A.M. Z C �rrp.1.1Mt55. 5 _ L-7CoNTN A f' V MEO.LIMITS 5 - — 7MEE OWNERS POLICY X r,,,�,.�, w Ir COLLISION 5- EOUCT,. C"'1 E.C.E. BROAD FORM R 1_1 INSURING ,4 :`1 C'"!a.C.V �} S .,_...._.�_ iIC?. Sfr_ FARM {�}A P.C. COMPANY--- - ..-..-,-•. ---,._ ... .._,_.r�,._._�. !,A2n£q PERILS DNLY7 L^J ._...__..,....-,..,...., (--/ M f, {.yy,l'REM[VtA T.�66 8A4ED' ON 'iI.F.D I'VS4 RD NCE RATES fr LOMMERCIAt �-` SPEC-EXCLUSIONS?-, -. °!o TO V UE I. AA1IT. 8E:DET .1 NEp BY LiNOEIIWRITIr � l0 5 P.AYAN E AtVi 7: of PREMIUM �i'� l� ENgOR EME'NT IN AVOR OF 1ZEtl[it .NATURE ATE E- - z AGENTIRROKc.H ri Ale rASSOC, z 1��8 ��"+fesT ffatztia � Anaheim, California 92802 o Ph. 534-8820 a. FORM #55 .:aatsPA14CE PC4Z.&CO.o P. O, BOX 4101 o WNITTIER, CALIF. s 653-32Fp ���'� May 12, 1.970 Mr. Rex Reynolds F.C. Box Huntington Beach, CA 92648 Dear M r. Reynolds: Zhe City Coancil of Huntingt ech, its regular meeting Held Mianday, Febru , 1970, approved a lease with you for a boarding s a e a Huntingtv:< Central Perk. Encloae6 is a copy 0 � s for your records Sincerely yours,l.ncere Y y u p Paul C 4 ..malls �l City Clerk PCJIaw Enc. M B M 0 R A N D U M l n TO: Honorable Mayor and City Council 4 C FROM: Assistant A&inistrator DATE: February 9, 1970 It has been requested by Mr. Rex Red�no]ds of Funtaon Beach who has operated boarding stables and conducted '} classes in equestrian prowess within the city in the past, that he be allowed to rent the easterly portion of the 18 acres we recently acquired from the State of Cr1ifornia within the first phase of the Central Park development. His request is for an interim use of the property prior to the park development for stabling horses and teach'ng horsemanship to children and adults . Th-"-s D °oposa.l ha the 'i approval of the Development Coordinator, the Recreation and Parks Director, and the Recreation and marks Commission. It is the .Administrator's recommendation that we draw an. agreemenv allowing this use for a token rent of $90 per month, subject to the required liability insurance protection required by all city leases , and to a 30 day cancellation should this use become incompatible to the area or at such time as we wish to proceed with development. Authorization is requested for this agree- n►en.t to be signed by the City Administrator, subject to approval by the Legal Department. Brander D. Castle Assistant Administrator BDC:bwo ev vp