HomeMy WebLinkAboutSharkey, Robert E. - 1973-01-29 a
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LEASE AGREEMENT
ARTICLE 1
This lease, executed in Huntington Beach, California,
is made this ;�,04tiday of April, 1976, by and between CITY OF
HUNTINGTON BEACH, California, hereinafter called LESSOR, and
ROBERT E. SHARKEY, 837 Hoffman, Long Beach, California, 90813,
hereinafter called LESSEE.
ARTICLE 2
LESSOR hereby leases to LESSEE and LESSEE hereby hires
from LESSOR that certain property, hereinafter called the
"leased premises," situated in Orange County, California, and
described as follows:
Beginning at a point on a line which bears south 0°34106"
ast 720.45 feet from the center of Section 13, Township
.i South, Range 11 West, in the Rancho Las Bolsas, in the
city of Huntington Beach, as shown on a map thereof in
Book 51, Page 14, Miscellaneous Naps, Records of Orange
County;_thence, north 89125'54" east 171.50 feet thence
south 0034,06" east 10 00 feet; thence south 89025'54"
west 171.50 fecu thence north 0°34'06" west 110.00 feet
to the true point of beginning.
EXCIIT all mineral and mineral rights, natural gas, natural
gas rights and other hydrocarbons by whatsoever name known
that may be ur�chin_or under said land, without, however,
the right to drill, dig or mine therefor through the surface
or within 500 feet of the surface of said land as ieserved
by City of Huntington Beach in deed recorded November 20,
1959, in Book 5988, Page 263, Official Records
also known as 21632 Newland Street., city of Huntington Beach,
county of Orange, state of California.
JG:cs
1.
i
4
ARTICLE 3
The "leased premises" are to be used solely for
humane society operations and 'uses normally incident thereto.
ARTICLE 4
This lease is a six (6) month periodic tenancy. Either
party to this lease can terminate this lease by sixty (60) days
written notice to the other party.
ARTICLE
LESSEE shall not sublet or assign the demised premises,
or any part thereof, without LESSOR's consent .
ARTICLE 6
LESSEE covenants and agrees to pay the consideration
of Three Hundred Dollars ($300) per ,month rental. LESSEE shall
surrender the "leased premises" on tEmination of this lease in
as good condition as they are now, reasonable wear and tear
excepted. This lease and irent ..p6.ymefit.commenae April 1, 1976.
ARTICLE 7
LESSEE shall not commit,- suffer or permit any waste on
"leased premises. " LESSEE shall have the right to improve, add
to, or alter the "leased premises" and to install fixtures there-
on at the sole cost of LESSEE, and LESSEE shall at all times keep
"leased premises" free from liens LESSEE shall at all times
maintain in, good order, re�,air and appearance all structures on
the "leased premises. " In the event that the LESSEE is not in
defame It in any of the terms and conditions of this lease, then
2
r
LESSEE shall have the right, at his own cost and expense, to
remove any fixtures and all structures constructed .by him on
the "leased premises;" provided, however, that LESSEE shall clean
up after such removal and remove all cement and foundation works
and leave the property in a neat, clean and level condition and
suitable for further utilization by LESSOR.
ARTICLE 8
LESSEE shall indemnify, save and ho)_d harmless and
defend LESSOR against any -and all liability which might arise
or accrue against LESSOR by reason of LESSEE's activities or
conditions on the "leased premises. "
ARTICLE 9
- LESSEE shall at all times during the term of this
agreement maintain a policy of automobile and general pudic
liability and property damage insurance in an amount not less
than One, Million Dollars ($1,000,000) issued by a company or
companies, and in form and coverage approved by the City Attorney:.
LESSEE shall indemnify and hold LESSOR harmless from any loss
or damages resulting from the use or misuse of the "leased
premises" and the buildings thereon. LESSEE shall name LESSOR
as an additional insured in all policies for all insurance
coverages required to be maintained by "LESSEE hereunder. All
insurance coverages required by LESSOR to be maintained by
LESSEE shall provide for thirty (30) days written notice to
LESSOR prior to any amendment, modification, cancellation or
_3•
t
termination thereof.
ARTICLE 10
LESSOR and ;LESSEE agree that if either p, -ty should
bring an action for the breach of any covenants or inditions
contained in this lease agreement, the prevailing party shall
be entitled to a reasonable attorney's fee incurred in any
such action.
EXECUTED the day, month and year first above written.
CITY OF HUNTINGTON BEACH (LESSOR)
ATTEST: By .
Mayon
ty erk
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
City Administrator City Attbrne ,
APPROVED, INITIATING DEPARTMENT;
ROBERT E. SHARKEY (LESSEE)
37 Hoffman, Long Beac , CA 90 13
4 .
ADDENDUM TO LEASE
THIS ADDENDUM made and entered into this � day of
April, 1976, between the CITY OF HUNTINGTON BEACH, a'municipal
corporation, hereinafter referred to as "LESSOR", and ROBERT E.
SHARKEY., 837 Hoffman, Long Beach, California 90813, hereinafter
called "LESSEE", is an Addendum to that Lease Agreement executed
by the aforementioned parties on Aprilfti 1976.
NOW, THEREFORE, the aforementioned Lease Agreement is
supplemented as follows:
In further consideration for said Lease' �jo be executed by
the parties hereto, LESSOR and LESSEE hereby 'i.iutually release
each other from all claims and causes of action by reason of
the Lease and Reciprocal Lease between the parties hereto and
dated February 55 1973, and by reason of the agreement and addendum
to agreement between the parties hereto and dated January 29, 1973
IN WITNESS WHEREOF, the parties hereto have caused this
Addendum to Lease to be executed, the day and year first above
written, by the officers thereunto duly authorized.
CITY OF HUNTINGTON BEACH (LESSOR)
or
City Clerk
APPROVED AS TO CONTENT: APPROVEF S TO FORM:
City Administrator Ci y Att ey
APPROVED BY INITIATING DEPARTMENT:
x
ROBERT E.',SHARKEY (LESSEE)
t J
37 --
Hoffman, Long Bead , ,A 90813
JG:er
4/2/76
CITY OF 'HUN'YINGT N BEACH CA 76-47
COUNCIL ADMINISTRATOR COMMUNICATION ���'�U��Jii �N
HUNnNGTON BEACH ,. �r- T L _02_4_ ,.
0
y
To Honorable Mayor and From City Administrator �U �Z
City Council Members
Subject LEASE AGREEMENT BETWEEN CITY Date April 14, 1976
AND ROBERT SHARKEY
I am attaching for your consideration a lease and addendum
thereto between the City and Robert Sharkey for rental of City
property at the corner of Newland Street and Edison Way.
Mr. Sharkey operates a Humane Society on that lot: The lease
calls for a $300 per month rent and is for a six -month period
with a sixty day notice for termination. The duration of the
lease is for only six months in order that the City can have
the option of leasing the site to the County for use as a
satellite shelter in the future.
The addendum mutually rF' ases the City and Mr. Sharkey from
claims that could arise out of a former lease and reciprocal
lease on the corner lot and the property immediately adjacent
as well as an addendum to a previous agreement for services
between Mr. Sharkey and the City. The City has claimed that
MT. Sharkey owed back rent on the Humane Society site while
Mr. Sharkey has claimed the City owed rent for a building on
the former California Animal Control site,
Due to numerous complicating factors, it would appear to be a
toss-up as to which party would receive a settlement if the
matter were taken to court. However the decision went, the
settlement would probably not exceed a few hundred dollars, most
of which would probably be consumed by legal costs
I recommend that the Council execute the_lease and addendum.
Respectfully submitted,-
David D. Rowlands
City Adminisveator
DDR:eh
Attachment
x
f ram' Y,
AL
Afor AfORI
4` Ll er File
CITY ,pRpVE9
LER
1 LEASE
2
3 ! ARTICLE I
4 I This lease, executed in Huntington Beach, California, is
5 made this " day "of _ 1973, by and between
6 CITY OF HUNTINGTON BEACH, CALIFORNIA, hereinafter called LESSOR,
7 and ROBERT E. SHARKEY, 837 Hoffman, Long Beach, California 90813,
8 hereinafter called LESSEE.
9
10 ARTICLE II
11 LESSOR hereby leases to LESSEE and LESSEE hereby hires from
12 LESSOR that certain property, hereinafter called the "leased
13 premises", situated in Orange County, California, and described
14; as follows :
15 Beginning at a point on a line which bears South
013410611 East 720 .45 feet from the 'center of Section
16 13, Township 6 South, Range 11 West, in "the Rancho
Las Bolsas, in the City of Huntington Beach,_ as- shown
17 on a map thereof in Book,51, Page 14; Miscellaneous
Maps, Records of Orange County; thence North 89025'54"
18 East 171.50 feet thence South 0°34 '06" East 110 .00
feet; thence South 89025'54" West 171.50 feet; thence
19 North 013410611 West 110 .00 feet to the true point
of beginning;
20
EXCEPT all mineral and mineral rights, natural gas,
21 natural gas nights and other hydrocarbons by whatso-
ever name known that may be within or under said land,
22 without, however, the right to drill, dig or mine
therefor through the surface or within 500 feet of
23 the surfaceof said land as reserved by City of Hun-
tington Peach in deed recorded November 20, 1959 in
24 Book 5983, Page 263, Official Records .
25
28 ARTICLE III
27 The "leased premises" are to be used for SPCA operations
28 and uses normally incident thereto, excepting those uses delineate.
29 in the February 6, 1973 contract between the CITY OF HUNTINGTON
30 BEACH and the California Animal Control,
31_ - -
32 ---
l •''
N
ARTICLE IV'
2 The term of this lease shall be for a period of 2 years
3, commencing on February 6, 1973 and ending on February 5, 1975,
4 and the consideration. for the "leased premises" is a reciprocal
5 lease of certain real property described in said reciprocal lease
6 executed by the above—named parties on February 6, 1973 in which "
the LESSEE leased to the LESSOR and the LESSOR hired from the
LESSEE said certain real property.
.9
10 ARTICLE V
11 The LESSEE shall not sublet or assign the demised premises,
12_ or any part thereof, without the LESSOR'S consent
14 ARTICLE VI
5 The LESSEE covenants and agrees to pay the consideration
16 hereinbefore described, use the premises for the purposes herein
17 above stated, and to surrender the leased premises on expiration
18 of the term in as good condition as they now are, reasonable
19 !gear and tear excedted.
20
21 ARTICLE VI
22 LESSOR grants unto LESSEE an option to renew or a period
23 of 1 year upon the following terms and conditions : '
24 1. LESSEE is to give written notice of his intention F
25` to exercise the option-60 days before_ the expiration of the terfn
26 of the lease,
27 2 . Option is to be upon terms agreeable to both
28 parties .
29 ---
9
32 -- - I
j
2.
z.
1 ARTICLE VIIL
2, In the event LESSOR, for any reason should be divested of `the
3 title to the premises, then at the option of the LESSEE this ,lease
4 shall become null and void.
6 ARTICLE IX
7 In the event the LESSEE remains in possession following the
g termination of this lease, LESSEE agrees to pay to LESSOR the
9 sum of Five Hundred Dollars ($500) per month as rent; however, this
10 payment is not to be construed as` any extension or renewal of this
11 lease.
12 EXECUTED the day and year first above written.
13
14 LESSOR:
16 CITY OF HUNTZNQTON BEACH
16
17 BY
13
19
20 ATTEST: APPROVED AS; TO FORM:
22
p:
City Cle , City Attor ey
23
?A
LESSEE:
25
Go -21�
K013ERT E. SHARKEY
837 Hoffman
28 Long Bea-ih, California: 90813
29
80
31
�32
3,
yCF er]fi:
®idavit ® Publication Pob{i�f4e HuntinEtofi Beach iVew$r Deb.
17,h`eb,2 9,1
971
NOTICE OF SRLE OF
" FtIEAL,pkOERTY 'o
State of California
County of Orange ss The city of pet Bo,ch ($.offer
City of Huntington Beach ))) ing'the tapgwin0 gg pro property far salas
!iSSESSCRIS QA ,Ni38:11q•150,25
George Farquhar, being tuly sworn on oath, says: That he is a .APPROXIMATE SIZE:RGEL 110'x itli.5 U
citizen of the United States, over the age of twenty-one years. LOCATION, 2i02;Nowiand St{, (N,F,'
That he is the printer and publisher of the Huntington Beach corner of Nowiand and ttson Wav3
News, a weekly newspaper of general circulation printed and pub PRESENT;0NiNos M2•0,
lished in Huntington Beach, California and circulated in the said er,CEPTiON: EXCEpr .a�i mineral 2and
County of Orange•and elsewhere and published for the dissemination mrneral*dghts,qa#urai aasl natural. as
of local and other news of a general character,and has a bona fide rigrits and other hydroca bons by what
subscription last of pkying subscribers, and said paper has been eye
or uP er S0 I Wawa t ryt:nay`,se wT
� id land, ivithbutr,however
established, printed and published in the State of California, and ; the right to drlil, dis, or mine tnarefer
County of Orange, for at least one year next before the,publication through the surface or wit t'.. eatcl
of the first insertion of this notice; and the said newspaper is not of the surface of said ianfl r,s,leserved;.`,
devoted to the interest of, or published for the entertainment of any rec city oforded No ovoiuriti a tnba too a•agqh in deed,
recr 20t t969, lh Boo►i
particular class, profession, 'trade, calling, race or denomination, or 6983, page 2631'Jffigiai Records,
any number thereof. Se2LEP Bias: Sealed kids Will 4e open-
The Huntington Beach New was adjudicated a legal newspaper •ed In the Adfrlihistrative conference s
of general circulation b Judge G. X. Scovel in the Superior Court Room, Fourth Floors Nirnfingtoa Beach
y Civfc Canter, 2006 Main Street, 2n
of Orange County, California August 27th,1937 by order No.A-5931. i Tuesday, March 1,1977,at 983q.A,M.
MINIMUM ACCEPTABLE SIQe The n1ini-
r'TI bE 0 ~ ATE OF-REAL PROPERTY •:mum acpoptable bid will be;'n'Ji590.
That the NbifAL BIbt:„Oral bids will be culled for
and ,reco(ur��liaftee the opeging acid
readlh(�r''the'sealed;bids, Such oral
•bids must-exceed the J3Ighest,sealed
of which the annexed is a printed copy, was published in said news Md or ihe.hlghest previous oral bid by
at least five.''ercpnt.
TERMS OF SA{E Terms.,gf,sale Will be
two 1$8 ue a cash� 1t1%of puratia-��{tC payabla
pager at least upr3h executip)) a`f."a cr,,rao pf pur-
ctla4e by fife buyer vrrth the halapce
commencing from the �u February duo witr4 sa dhie eltar exeCil#lop of
.�ddy of .� � th,x pantract by the sal{Hr.
pR9,pO6'AL AUARANTEE.a A proposal guar:
r and ending on the ante Iqh"a form of` praposa( goricl,
19_72— g 2�4th day:of.. February Caah9r's Chock or Certified Ghee
muds paX.phle to rho Clty pf NGr tltistori
�paoh a d equal to10°!p at thQ me i;
19_7_?_ both days inclusive, and as often during said period and ill aceepi bfe 4(d"muss h sybm jr;)
ad wifh'eac prapgs�
times of publication as said paper was regularly issued, and in the PO�VER{tGT rPR SALE:A Cchtrjctfor the
regular and entire issue of said pewspaper proper, and not in a sale'of ea( p oparty Will bo enter,
supplement, and said notice was published therein on the following into by, The Clty:�, the ,successful
dates, to-wit, if or G
Awe("TION of Bias: The City raseryes
FPh ii !b. )f4 lq?'1 thq u7ght.tgtelact any and all bids.
a IPFORMATIoN AND Bita,FO>lMsz A Copy
of q certified appraisal on the zubj!tpt
��rrpportir Is on, f(ie.,end avgt aflip for
iJpeptian Ih the c#ffiq� of 4he City
Yy y- Informailoh-Is AVAIlabla ffomaaTlll.bl4s
should ba.submitted toe
Pfublisher All bla M WentYrorth',
Subscribed and sworn to before me this _2 5 th.�day of CItv�Cle,*
A Cr.;,9as,,19C�;
i 2400 Maih Street
February Iy7 �tfUsl I on Beach,Califorhia 92
?elephclna:.53G•5226
qAT x February 158 1977
- - � Notary Public
r% Orange County, California
r THOMAS,b. WYkLIE ;
Notate+ Public California 11
x•m :P .range Courtly i
�) jvty Commission C•xi*os i
e Septembor 12. 1978 i
- --- r
Publish 2/17/77
f d /29/77
i
NOTICE OP SANE OF i.,AI. PROPERT"m'
The City of Huntington Beach is offering the following property for sale:
ASSESSOR'S APPROXIMA"xE LOCAT.—%jN PRESENT
PARCEL NO. SIZE ZONING
114-150-25 110' X 131.5 21632 New,l' id St. M2-0
ME, (.';orner of
Newland and Edison
Way
EXCEPTION: EXCEPT all'mi.neral and mineral rights, natural gas, natural gas
rights and other hydrocarbons by whatsoever name known that may
be within or under said land, without, lv,;�evev the right; to drill,
dig, or mine therefor through the surface sdr within 500 feet of
the surface of said land as reserved �Dy City of Huntington Heacr
In deed recorded Nove&ber -20, 19 -1, in Book, 5983, gage 263;
Of Records.
SEALED BIDS: Sealed bids will be opened Ln the E-Aministrative Conference Room
Fourth Floor, Huntington Beach 'Civic Center, 20b0 Main Street, on
Tuesday, March 1, 1977,, at 9:30 A.M.
MINT14UM The minimum acceptable hid will. be $31,500.
ACCEPTABLE
BID:
ORAL BIDS: Oral bids will be Called for and rece'. ed after the opening and
reading of the sealed bids. Such oral bids must exceed the UF5he5t
sealed U4 *4: the highest previous oral bid by✓ at least five: percent.
TERMS OF Toms of sale will be catch - 10ro of purchase price payao:.e upon
SATs';; execution of a contract of purchase by the buyer with the balance
due within 90 days after execution of the contract by the seller.
PROPOSAL A proposal guarantee in the form ,�jf a proposal band, Cashier's
GUARANTEE:' Check or Certified. Check made payable to the City of Huntington
Beach anal equal to 10% of the minimum acceptab7 a bid mast be
submitted with each proposa].
CONTRACT FOR A Contract for the 5a3e of Real Pr6perty will be entered 'Into by
SALE:: the City and the suecessfial bidder.
r tECTION The City reserves the raght to rejact any and all bids.
INFORMATION A copy of a certified appraisal on, the subject property is on file
AN:'s `x':D FORMS;and available for inspection in the Office oil .•le City Clerk;,
Information a available from and birds should be submitted to-)
Alicia M. Wentworth
City Clerk
P. 0. Box 190
2000 Main Street DATED: February 15, 1577
Huntington Beach, Cslifarnia 92648
Telephone. 536-5226
F3 I
1- 4
P
.,. RECIPROCAL I,E'ASE` t fife
XSITIcISE I
4 This lease, -.executed in �iuntington Beach, California, is
5 made this � �-c�!ay of _ J 19';3, by and between
6 ROBERT E. SHARKEY , 837 offman, L Beach California 90813
a g y ,
7 hereinafter called the LESSOR and THE CITY OF HUNTINGTON BEACH,
g -,'CALIFORNIA, hereinafter called the LESSEE.
9
10 ARTICLE !I I
11 LESSSOR hereby leases to LESSEE, and LESSEE hereby hires
12 from LESSOR tha`- certain property, hereinafter called the 111,Pased
13 premises", situated in. Orange County, dalifornia, and described
14 as follows :
l
16 . The WeLt 100 feet of that portion of the Northw,s8t'
quarter of the SG;ut,heast quarter of Sect-Jon 13,-
16 Township 6 South, mange 11 West, in the Rancho Las
Bolsas, in the City of Huntington Beach, as shown
17 on a map thereof recorded in Book 51, Page 14, mis—
cellaneous Naps, re'fords of said County, described
as follows
19 Beginning at a point on a line whichbears North
89°25 ,54" East 171.50 feet from a point on a line
20 wnich bears -South 0034,'0',`' East 660 .45 feet ,from
the center of said section for the true point of
21; beginning r f this description ion which true point of
beginning is also the Northeast corner of Land des
22 cribed in the deed 'L:ocm. City of Huntington Beach to
County Sanitation B-wstrict No. 11, of Orange County,
23 recorded August 7, 1.953 in Book 2552, Page 616, Offi"
cial Records, thence from said true point of begin
24 ning North 89025,541 East 470.26 i",eet to the Wect,
line `of land described iri Parcel 2 in the deed to
25 Southern California Edison Company, recorded March
6, 1957 in Book 3a27, Page 2710, Official Records;
25 thence South along said West lime 1.70 .00 feet; thence
Soutb 8909,154" Went 470 .26 feet to .a point of inter-
27 section with the Southerly prolongatior of the Fa.s t-
erly line of sa.Ld land of County Sanitation District;
28 thence North 0134 ,06" West along said prolongation of
said Easterly line 170 .00 feet to the true point 6.1f
29 beginning.
80 EXCEPT all milieral and m-neral right's3 natu--al gas,
natural gas rights arO. ether hydrocarbons by whatso-
�1 eve ° name knov}=, that may be within or under said Land,
without, however, the right to drill, dig or mine
82 therefor through the surf..)^-e or within 530 feet of
1,.
i
00
op
the su—%face: of said: land as reserved by City of
Huntington ;;BeAch ir: deed recorded November 20,
1959 :in,Book 5933, Page 263,_ Official Records .
3 _
ARTICLE III
The "leased premises" are to be u<.ed as an animal control
6 shelter with uses nor-Mally incident thereto, and more narticu-
t larly described in a contract between THE CITY OF. HUNTINGTON '-
g BEACH and the Calif'orriia Aniimal Control executed on R�bruary 6,
1973.
ARTICLE IV
12 The term of this lease shall be f'?r a period of 2 years ,
13 commencing on February 6, 1973 and ending on February 5, 1975,
" 14 and the consider-ation fox• the leased premises is c lease of
.5 certain real property described in a lease executed by the
16 above-named paJ�ties on February 6; 1573, in which the TA'LSEE
17 leased to the LESSOR and the LESSOR hired from the LESSP,E said
1�8 .real property.
19
20' ARTICLE V
21. LESSEE shall n%t sublet or assign the demised premises,
or any part thereof, without tie LESSOR'S CONSENT.
- 23�
24 ARTICLE VI
2.5 LESSEE covenants and agreeu to pay the consideration here-
26 intkafore described, use the premises for the purpose hereinbefore'
27 stated, and to surrender the leased premises .z expiration of
28 the term in as goad condition_ as they now are, reasonable wear
29 and tear excepted.
3o (Kest of Page Not Used)
311`
32 II
2.
M i
ARTICLE VII
2 LESSOR grants untO LESSEE an option to renew for a period
3 of i;. yeeAr upon the following ,terms and conditions :
4 1. LESSEE is to give 'written notice of its intention
5 �o exercise the option 60 days before' the expiration of the term
6 of the lease.
?_., _ Option Is to be upon terms agreeable to both
I,parties .
1U ARTICLE VIII
11 � In the event LESSOR for any reason -hould be divested of the
II
12 ti,tle to t-ho premises, then at the option of LESC.EE this lease
,� shall become null and ;:void
14
1" ARTICLLE IX
16 LESSOR agrees to remove any and all buildings now on the
17 remises prior to the coramerioemen ^'; the term of this lease
g EXECUTED the day and ye°,,�r first above written.
19 LESSOR:
20
21
:ROBERT `, MRK'-1
22 837 111of fman
Long Leach, California 90813
23
24 LESSEE:
25 CITY OF HtiN INGTON BEAOIH`
26
2 By
29
TTEST: APPROVED AS TO FORM:
30
3�.
32 l ='='yam- Cit,t Attorney .�-�,
3.
. anuary 31, 1973 �� r
R
'x
Mr Pwb4e t E, aharkdy�
'837 tia££a!`an
Lon
g each, CA 0813
Dear Mr. Sharkey: `
1 The ci tjr Council riun,tiP8ton Beac`ih:, �gt Iregula, adjourned
meeting held Mondaq, ?�r�iiarxy, .29,` 1973, approved. thO4 leaoe, arid
,;re -ciprocal lease abetVep_n,ilYOu -And tha pity.,
.� Encll'ared Pleas, find' a copy= ak etch lease,for�yro_uZ'_,rec&rd6.
ancerely your;
f
PAUL -C.,z'JO TES CM, %
Ew ,
c t y clerk
PCJ eBP:ak
Enc;
V