HomeMy WebLinkAboutTOSH & CHRISTENSEN - 1997-04-21 Council/Agency Meeting Held:
Deferred/Continued to:
4 Approved ElConditionally Approved ❑ Denied City Clerk's Signa
Council Meeting Date: April 21, 1997 Department ID Number. CA 97-05
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: H NORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: 14AIL HUTTON, City Attorney Y
PREPARED BY: RAIL HUTTON, City Attorney
SUBJECT: City of Huntington Beach v. Tosh, et aL, WOCMC Case No. 22 74 20
City operation of beach concessions on Bolsa Chica State Beach
statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,
Attachment(s)
Statement : There is a need to settle all of the remaining, outstanding issues with
TLC regarding operation of beach concessions on Balsa Chica State Beach.
Funding Sore: The city will pay TLC (through the State of California) $45,326.45 to buy
out TLC's interest in the five beach concessions that it operates on the state beach between
Seapoint Street and Warner Avenue. (This funding was previously authorized pursuant to
City Council action of December 16, 1996.) The estimated revenue to the city for operation
of these concessions is $25,000 to $50,000 per year.
In addition, the city will forego court costs awarded to it in the TLC eviction action
($1,107.99), and rent owing to it in an amount less than $2,000 because the city will take
possession of the property in April instead of July, 1997.
Recommended Action: Approve and authorize the Mayor and City Clerk to execute, in
substantially the form presented, the Mutual Release Agreement with Donald W. Tosh, Ted
E. Christensen, and Tom A. Lewis regarding the case entitled City of Huntington Beach v.
Tosh, et al., and operation of the beach concessions on Bolsa Chica State Beach
Aftematuve Action: Do not approve the Mutual Release and wait until July, 1997 to take
possession of the beach concessions on Bolsa Chica State Beach.
Analysis: TLC was the operator of Sunny's food and parking concession, located
immediately north of the Huntington Beach Pier. TLC also operated five food and beverage
concessions on Bolsa Chica State Beach, located between Seapoint Street and Warner
Avenue. The city previously terminated TLC's lease for Sunny's, effective September
MQUEST FOR COUNCIL ACTIN
MEETING DATE: April 21, 1997 DEPARTMENT ID NUMBER: CA 97-05
4, 1996. When TLC refused to leave Sunny's to make way for the Pier Plaza project, the
city filed an eviction action, entitled City of Huntington Beach v. Tosh, et al., OCMC Case
No. 22 74 20. The jury awarded judgment in favor of the city on the eviction action last
January,-and TLC vacated the premises.
In the meanwhile, the city had entered into an Amendment to its Operating Agreement with
the State Department of Parks and Recreation to take over operation of the five beach
concessions TLC operated on Bolsa Chica State Beach. In order to acquire TLC's interest,
the Lease Agreement for the concessions provided that TLC was to be paid its amortized
value of the cost of building the Concessions, which is $45,326.45.
TLC is now willing to resolve all remaining, outstanding issues concerning its interests in the
contract, and vacate the Bolsa Chica State Beach concessions early. (TLC is not required
to vacate until July, 1997.) TLC is willing to do this in exchange for receiving the
depreciated value of its improvements on Bolsa Chica State Beach, as required pursuant to
the State Concession Agreement, and in exchange for the city waiving the court costs and
the rent it was awarded in the eviction action (a total of $2,107.99). The City Attorney's
Office recommends this solution as a reasonable settlement of outstanding disputes.
Environmental Status: NIA
Attachmentlsl:
City Clerk's
Page Number
1 Draft Mutual Release
2 Council Minutes of 12/16/97
97-05.130C -2- 04/09/97 4:04 PM
•
A
CITY OF HUNTINGTON BEACH
xuNTmCTON BEACH INTERDEPARTMENTAL COMMUNICATION
TO: Scott Field
Deputy City Attorney
FROM: Connie Brockway
City Clerk
DATE: May 6, 1997
SUBJECT: Donald W. Tosh, Ted E. Christensen, and Tom A. Lewis Concession
Contract
Attached are four(4) originals of the Mutual Release in Consideration for the Payment by
the State of California, Department of Parks and Recreation regarding Donald W. Tosh,
Ted E. Christensen and Tom A. Lewis ("Concessionaire"). These four originals are for
you to have executed. The City Clerk's Office will need to receive one (1) executed
original back for our records.
Also, attached are one original of each of the following: 1. Transferor's Certification Of
Non-Foreign Status, 2. Bill of Sale, and 3. Quit Claim Deed. These three originals are
for you to have executed. The City Clerk's Office will need an executed copy of each
of these documents.
Thank You.
Attachments
(4) Original Mutual Release
(1) Original Transferor's Certification Of Non-Foreign Status
(1) Original Bill of Sale
(1) Quit Claim Deed
97CBMems197-060jc
1 2/1 6196 - City Council/Redevelopment Agency Minutes - Page 15
(City-Council Agreement - State Of California Department Of Parks And Recreation And
City Department Of Community Services Bolsa Chica State Beach Concession Agency
Agreement) - To Appoint City To Terminate TLC ToshlChristensen/Lewis Concession At
Bolsa Chica State Beach Including Parking Lot -Approved -(600.20)
The City Council considered a communication from the Community Services Department
recommending approval of the Bolsa Chica State Beach Concession Agency Agreement
between the State of California Department of Parks and Recreation and the City Community
Services Department.
Earlier in the meeting, the City Clerk had announced that the following communication on this
item which had been provided to the City Council:
Communication from the City Attorney dated December 16, 1996 titled Bolsa Chica State
Beach Concession Agency Agreement-Item E-11 on December 16, 1996 Agenda
The City Attorney reported on the proposed Agreement and referred to her communication
dated December 16, 1996 informing Council that in consultation with the State Parks
Department and Special Counsel to the city, the format of the agreement had been revised.
She read the four recommended actions presented in her communication.
A motion was made by Harman, second Dettloff, that the City Council approve in substantially
the form presented the following documents: 1. State of California Department of Parks and
Recreation and City of Huntington Beach Department of Community Services Balsa Chica
State Beach Concession Agency Agreement and the State of California Department of Parks
and Recreation Addendum to Operating Agreement with the City of Huntington Beach for
Bolsa Chica State Beach located in Orange County, California; 2. that the City Council
authorize the Mayor and City Clerk to sign the Agency Agreement and the Addendum subject
to the final approval of the City Administrator and the City Attorney as to the form of the
agreements; 3. that the City Council authorize the Community Services Director to take all
actions necessary to terminate the TLC (ToshlChristensenlLewis) Concession Contract; and
4. that the City Council authorize up to S90.000 to be paid to TLC representing the
depreciated value of the Concession Improvements. The motion made by Harman, second
Dettloff, carried by the following roll call vote:
AYES: Harman, Julien, Dettloff, Bauer, Sullivan, Garofalo
NOES: None
ABSENT: (Green out of the room)
(City Council Memorandum Of Understanding - County Of Orange - 800 MHz Project -
Civic Center Antenna Site - Approved (600.25)
The City Council considered a communication from the Police Department recommending
approval of a Memorandum of Understanding between the City and the County of Orange for
the 800 MHz Antenna Project- Civic Center Antenna Site.
Councilwoman Dettloff requested information as to the dimensions of the proposed tower.
The foregoing inStr;.Mr r;t is a correct
UPI of tr:e original' on file in this office. 663
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C-o nJ M !L Q oc.K—W A y
C t, C!e,k a ul _; effi_io C,'er;4, cf the City
Cct;nc i of 'tile City Of Hurif:ingtcla Beach,
'Cali�crnia.
Der-uty
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J. City of Huntington Beach
2000 MAIN STREET CALIFORNIA92648
OFFICE OF THE CITY ADMINISTRATOR
January 10, 1996
Jack Roggenbuck
District Superintendent, Orange Coast District
California Department of Parks and Recreation
3030 Avenida del Presidente
San Clemente, CA 92672
Re: AMENDMENT TO OPERATING AGREEMENT REGARDING
BEACH CONCESSIONS IN BOLSA CHICA STATE BEACH
Dear Jack:
The purpose of this letter is to clarify and memorialize the City's obligation to use
"due diligence" pursuant to Paragraph 2 of the Amendment to the Operating
Agreement in operating the five food and beverage stands located in Bolsa
Chica State Beach. If and when the City takes over the five food and beverage
stands from TLC, we appreciate the State's concern that there may be some
delay in beginning the operations of those beach stands, particularly if the stoves
for food, refrigerators and other equipment need to be replaced. Under the
Agreement, the City is obliged to use due diligence in operating those stands.
This means the City has an obligation to be fully prepared to immediately
operate the beach stands upon TLC's departure. Consequently, even if there
should be a temporary drop in revenues upon the City taking over the stands,
the City guarantees the State that for the first year following the eviction of TLC,
the City shall pay the State a minimum rental of not less than the average annual
rental for the prior three years of the TLC Concession for the beach stands.
Should the State wish to further memorialize this letter, the City would be willing
to enter into a subsequent amendment to the Amendment to the Operating
Agreement to add this obligation back into the Amendment.
Please don't hesitate to contact me if you have any questions.
Sincerely,
MICHAEL T. UBERUAGA
City Administrator
Telephone (714) 536-5202
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TV T AL RELEASE
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IN CONSIDERATION for the payment by the STATE OF CALIFORNIA,
DEPARTMENT OF PARKS AND RECREATION and receipt of the sum of$45,326.45,
as payment in full of all obligations to DONALD W. TOSH, TED E. CHRISTENSEN,
and TOM A. LEWIS, ("Concessionaire")upon termination of and pursuant to that
certain Concession Contract dated the 5`k Day of September, 1979, DONALD W. TOSH,
TED E. CHRISTENSEN, and TOM A. LEWIS, by their respective signatures below, on
behalf of themselves, and their respective partners, predecessors, conservatees,
successors, beneficiaries, officers, employees, representatives, attorneys, directors,
shareholders, subsidiaries, affiliated entities, parent corporations, assigns and agents, and
each of them, do hereby release and forever discharge the STATE OF CALIFORNIA,
DEPARTMENT OF PARKS AND RECREATION(the"Department") and the CITY OF
HUNTINGTON BEACH(the'City ') and all of their respective agencies, departments,
elected officials, personnel, affiliates, officers, directors, employees, predecessors,
successors, assigns, representatives, attorneys, beneficiaries and agents (collectively the
"Department/City") from any and all manner of action or actions, cause or causes of
action, in law or in equity, suits, debts, liens, contracts, agreements, promises, liability,
claims, demands, damages, relocation benefits, losses, costs or expenses, affirmative relief
or offset, of any nature whatsoever, known or unknown, fixed or contingent (hereafter
"Claim(s)"), which the Concessionaire now have or may hereafter have against the
Department/City, or any of them, which arise out of or relate in any way to that certain
Concession Contract dated the 53 Day of September, 1979, and the termination of the
Mutual Release; State of CalifomiaraC Page 1
i •
Concession Contract for which the above-referenced payment is made, including, without
limitation, all matters asserted or that could have been asserted in the litigation entitled
City of Huntington Beach v. Tosh, et al. Orange County Municipal Court No. 227420,
and Tosh. et al. v. City of Huntington Beach, Orange County Superior Court No. 769600.
IN CONSIDERATION of the covenants herein made by Concessionaire, the
Department/City, do hereby release and forever discharge Concessionaire, its
predecessors, successors, beneficiaries, officers, employees, representatives, attorneys,
directors, shareholders, subsidiaries, affiliated entities, parent corporations, assigns and
agents, and each of them from any and all manner of action or actions, cause or causes of
action, in law or in equity, suits, debts, liens, contracts, agreements, promises, liability,
claims, demands, damages, unpaid rent, losses, costs or expenses, affirmative relief or
offset, of any nature whatsoever, known or unknown, fixed or contingent (hereafter
"Claim(s)"), which the Department/City now have or may hereafter have against the
Concessionaire, or any of them, which arise out of or relate in any way to that certain
Concession Contract dated the 5"Day of September, 1979, and the termination of the
Concession Contract for which the above-referenced payment is made including, without
limitation, costs awarded to the City in the case entitled City of Huntington Beach v,
Tosh._et_al., Orange County Municipal Court No. 227420. Notwithstanding the
foregoing, this release by Department/City shall not cover any obligations of
Concessionaire at law or equity, or arising out of the Concession Contract section 9, to
indemnify the Department or the City for any liability, claims, casts, demands or damages
Y
the Department or the City may incur as a result of Concessionaire's development,
Mutual Rcicase; State of CaliforniarITC Page 2
operation and maintenance of the concession; provided, however, that this release shall
cover such claims or damages which may be theresult of the willful, reckless or active
negligence of Department or City.
The undersigned, and each of them, warrant that they have read the terms of this
Release and further acknowledge that they have had the opportunity to have the terms
hereof explained by legal counsel.
The undersigned further acknowledge that they are familiar with the provisions of
California Civil Code Section 1542, which provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT
THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM
MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR."
The undersigned hereby expressly waive all rights they may have under Civil Code
Section 1542 as well as under any other statutes or common law principles of similar
effect.
The undersigned, and each of them, represent and warrant that there has been no
assignment or other transfer of any interest in any Claim which they, or any of them, may
Nlutual Release; State of Californiafll.,C Page 3
S
have against the other, or any of them, and that no person or entity not a signatory hereto
had or has any interest in any Claims released pursuant to this agreement.
The undersigned, and each of them, agree that if they, or any of them, hereafter
commence,join in, or in any manner seek relief through any suit, adjudication, arbitration
or proceeding of whatever nature arising out of, based upon, or relating to any of the
Claims released hereunder or in any manner assert against the other any of the Claims
released hereunder, then the undersigned, and each of them will pay to the other, in
addition to any other damages caused to the other thereby, all actual attorney fees and
costs incurred by the other in defending or otherwise responding to said suit or Claims.
This Release and any rights, remedies or obligations hereunder shall be interpreted,
construed and enforced in accordance with the laws of the State of California. All
representations, warranties and agreements set forth in this Release shall be deemed
continuing and survive the execution date of this Release.
This Release may be executed in counterparts and, as so executed:, constitute one
Release binding on all parties.
IN WITNESS WIEREOF, the undersigned have executed this Release effective
a46'x-2J 199-2—.
Mutual Releasc, State of CalifornianIC Page 4
"Concessionaire"
DONALD W. TOSH
Z211LI&41 rl2e4l
TED E. CMSTENSEN
TOM A. LEWIS
Approved as to form
By
Barry Ross, Attorney for Concessionaire
State of California
Department of Parks and Recreation
By
Mutual Release; State of CalifbmiafMC Page 5
"Concessionaire"
DONALD W. TOSH
TED CHRISTENSEN
r
TOM A. LEWIS
Approved as to farm
By
Barry Ross, Attorney for Concessionaire
State of California
Department of Parks and Recreation
By
Mutual Release; State of CalifbmiarMC Page 5
"Concessionaire"
DONALD W. TOSH
TED E. CEMSTENSEN
TOM A. LEWIS
Approved as to form
By
Barry Ross, Attorney for Concessionaire
State of California
Department of Parks and Recreation
By
Mutual Release; State of CaliforniafMC Page 5
"Concessionaire'
DONALD W:TOSH
TED E. CIMSTENSEN
TOM A. LEWIS
Approved as to form
By
Barry Ross, Attorney for Concessionaire
State of California
Department of Parks and Recreation
By ,
Mutual Release; State of California/TLC Page 5
City of Huntington Beach
By
Mayor
Attest:
By
City Clerk 'l¢Y A 7
Approved as to form
By
City Attorney x/-d/sib s�/u�9z
Recommended for Approval
JB
ty Administrator
Mutual Relem;Slats of CalifornWMC Page 6
CALIFORNIA ALL-PURP& ACKNOWLEDGMENT
State of -
County of 4'•V2mjZ-1 _..----
On &AJ ,2Y, 1qq7 before me, ,
I
ate Name an gee of Officer(e.g.,'Jane Doe,Notary lief
personally appeared 2e 9L -
Name;s?of S gre,(s)
—personally known to me— to be the personw ?�
whose name(�JWare subscribed to the within instrument
{ and acknowledged to me that 4-�they executed the
t same in hisr he heir authorized capacity ies), and that by
I� hWhe their signatures on the instrument the person(lb
t+ r �'�'• i`iAY9!7:CEL.JOHNSON or the entity upon behalf of which the person(s) acted,
cS � c��.F CONIM.#99183' z �.
z :P r`i " �lOfpry P1.,�1;,, f ¢ executed the instrument. h
Ca'�Yrrlia
O'2!,`GE COJM
h+'I Comm.Expires MAv 1 1 199� WITNESS my hand and official seal.
ignatire of Notary Public
OPTIONAL hh
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent ;S
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: - v, aaZ ze tAIL1 G = 79
Document Date:J6 Il/97 _ R Number of Pages:
Signer(s) Other Than Named Above: A-�� .1.b.rus��
Capacity(les) Claimed by Signer(s)
{ Signer's Name: Signer's Name:
Individual r Individual
Corporate Officer Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ', General
C Attorney-in-Fact = Attorney-in-Fact
r'� r Trustee C Trustee _
❑ Guardian or Conservator `-- El Guardian or Conservator ,
Other: i Tcp of tht.:mb here ! Other; Top of thurr,b here
C�
Signer Is Representing: Signer Is Representing:
C 1995 National Nctary Association•a236 Rercmet Ave.,P.O.Box 7184•Canoga Park,CA 91309.71 B4 Prod.No 5907 Reorder.Call Toll-Free 1-600-876-6827
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- 1
TR.AN FEROR'S CERTIFICATION F hlQN--FQEEIQN STAMS
To inform the STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND
RECREATION("Transferee"), that withholding of tax under Section 1445 of the Internal
Revenue Code of 1986, as amended("Code"), will not be required upon the transfer of certain
real property to the Transferee by DONALD W. TOSH, TED E. CHRISTENSEN, and TOM A.
LEWIS ("Transferor"), the undersigned hereby certifies the following on behalf of the Transferor;
1. The Transferor is not a foreign corporation, foreign partnership, foreign trust, or
foreign estate(as those terms are defined in the code and the Income tax Regulations promulgated
thereunder);
2. The Transferor's U.S. employer identification/social security number is
1?5 - 353 226 and
3. The Transferor's office/personal residence address is TLC c/o Tom A Lewis,
4037 Mistral Drive, Huntington Beach, CA 92469
The Transferor understands that this Certification may be disclosed to the Internal
Revenue Service by the Transferee and that any false statement contained herein could be
punished by fine, imprisonment, or both.
The Transferor understands that the Transferee is relying on this Certification in
determining whether withholding is required upon said transfer.
The Transferor hereby agrees to indemnify, defend and hold the Transferee harmless from
and against any and all obligations, liabilities, elaims, losses, actions, causes of action, rights,
demands, damages, costs and expenses of every kind, nature or character whatsoever(including,
without limitation, actual attorneys, fees and court costs) incurred by the Transferee as a result of
(i) the Transferor's failure to pay U.S. Federal Income Tax which the Transferor is required to
pay under applicable U.S. law; or(ii) any false or misleading statement contained herein.
Under penalty of perjury I declare that I have examined this Certification and to the best of
my knowledge and belief it is true, correct and complete, and I further declare that I have
authority to sign this document on behalf of Transferor.
TRANSFEROR
Dated: 199_ 'v
DO ALD W. TOSH
TED E. CHRISTENSEN
TOM A. LEWIS
The Transferor understands that the Transferee is relying on this Certification in
determining whether withholding is required upon said transfer.
The Transferor hereby agrees to indemnify, defend and hold the Transferee harmless from
and against any and all obligations, liabilities, claims, losses, actions, causes of action, rights,
demands, damages, costs and expenses of every kind, nature or character whatsoever(including,
without limitation, actual attorneys' fees and court costs) incurred by the Transferee as a result of
(i) the Transferor's failure to pay. U.S. Federal Income Tax which the Transferor is required to
pay under applicable U.S. law; or(H) any false or misleading statement contained herein.
Under penalty of perjury I declare that I have examined this Certification and to the best of
my knowledge and belief it is true, correct and complete, and I further declare that I have
authority to sign this document on behalf of Transferor.
TRANSFEROR
L.
Dated: 3 1991
DON W. TOSH
1
TED E. C TENSEN
TOM A LEWIS
The Transferor understands that the Transferee is relying on this Certification in
determining whether withholding is required upon said transfer.
The Transferor hereby agrees to indemnify, defend and hold the Transferee harmless from
and against any and all obligations, liabilities, claims, losses, actions, causes of action, rights,
demands, damages, costs and expenses of every kind, nature or rharactex whatsoever(including,
without limitation, actual attorneys' fees and court costa)incurred by the Transferee as a result of
W the Transferor's failure to pay U.S. Federal Income Tax which the Transferor is required to
pay under applicable U.S. law; or(H)any false or misleading statement contained herein.
Under penalty of perjury I declare that I have examined this Certification and to the best of
my knowledge and belief it is true, correct and complete, and I ffirdw declare that I have
authority to sign this document on behalf of Transferor.
TRANSFEROR
Dated: 199-:7—
DONALD W. TOSH
TED E. CHRISTENS
OM A LEWIS
BILL OFFAL
THIS BILL OF SALE ("Bill of Sale") is made as of this_L t!v day of
199J by DONALD W. TOM TED E. CBRISTENSEN, and TOM A.
LEWIS (collectively the"Sellers") in favor of the STATE OF CALIFORNM DEPARTNMgT
OF PARKS AND RECREATION("State"), with reference to the following facts:
A. Sellers and State entered into that certain Concession Contract dated as of
September 5, 1979 ("Agreement") respecting the constriction, operation and maintenance of
certain concession"Property" (as defined in the Agreement). : _
B. Under the Agreement, State has the right to terminate the Agreement upon
payment of certain moneys as compensation for the improvements placed on the Property by
Sellers. State has notified Sellers of termination of the Agreement and Sellers have accepted such
termination and agreed to the payment of$45,326.45 and, upon such payment, are obligated to
transfer to State any and all of their right, title and interest in and to all structures and any related
improvements in accordance with the terms of the Agreement. Such improvements do not
include trade and other equipment used in operation of the concession as described and defined in
Section 24(c) of the Agreement nor does it include any items owned by seller or any tenant,
subtenant, contractor or persons other than Sellers.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Sellers hereby absolutely and unconditionally give, grant,
bargain, transfer, sell, set over, assign, convey, release, confirm and deliver to State all of Sellers'
right, title and interest, if any, in and to the improvements to which State is entitled under the
Terms of the Agreement.
Bill of Sale,TLC concession; Page 1
Sellers hereby covenant that Sellers will, at any time and from time to time upon written
request therefor, execute and deliver to State, State's successors, nominees or assigns, such
documents as State or they may reasonably request in order to fully assign and transfer to and vest
in State or State's successors, nominees and assigns, and protect State's or their right, title and
interest to be transferred and assigned hereby, or to enable State, State's successors, nominees
and assigns to realize upon or otherwise enjoy such rights and property.
This Bill of Sale shall be binding upon and inure to the benefit of the successors, assigns,
personal representatives, heirs and legatees of State and Sellers.-
This Bill of Sale shall be governed by, interpreted under, and construed and enforceable in
accordance with, the laws of the State of California.
IN WITNESS WHEREOF, Sellers have executed and delivered this Bill of Sale as of this
1� day of Mau 199-7—.
gal
DONALD W. TOSH
TID E. CHRISTENSEN
TOM A. LEWIS
Bill of Sale,TLC concession; Page 2
BILL OF SALE
r�
THIS BILL OF SALE("Bill of Sale") is made as of this �3 day of
1 v JCL 199±by DONALD W. TOSH, TED E. CHRISTENSEN, and TOM A.
LEWIS (collectively the"Sellers") in favor of the STATE OF CALIFORNIA,DEPARTMENT
OF PARKS AND RECREATION("State"),with reference to the following facts:
A Sellers and State entered into that certain Concession Contract dated as of
September 5, 1979 ("Agreement")respecting the construction, operation and maintenance of
certain concession"Property" (as defined in the Agreement). _
B. Under the Agreement, State has the right to terminate the Agreement upon
payment of certain moneys as compensation for the improvements placed on the Property by
Sellers. State has notified Sellers of termination of the Agreement and Sellers have accepted such
termination and agreed to the payment of$45,326.45 and,upon such payment, are obligated to
transfer to State any and all of their right, title and interest in and to all structures and any related
improvements in accordance with the terms of the Agreement. Such improvements do not
include trade and other equipment used in operation of the concession as described and defined in
Section.24(c) of the Agreement nor does it include any items owned by seller or any tenant,
subtenant, contractor'or persons other than Sellers.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Sellers hereby absolutely and unconditionally give, grant,
bargain, transfer, sell, set over, assign, convey, release, confirm and deliver to State all of Sellers'
right, title and interest, if any, in and to the improvements to which State is entitled under the
Terms of the Agreement.
Bill of Sale,TLC concession; Page 1 .
Sellers hereby covenant that Sellers will, at any time and from time to time upon written
request therefor, execute and deliver to State, State's successors, nominees or assigns, such
documents as State or they may reasonably request in order to fully assign and transfer to and vest
in State or State's successors, nominees and assigns, and protect State's or their right, title and
interest to be transferred and assigned hereby, or to enable State, State's successors, nominees
and assigns to realize upon or otherwise enjoy such rights and property.
This Bill of Sale shall be binding upon and inure to the benefit of the successors, assigns,
personal representatives, heirs and legatees of State and Sellers:
This Bill of Sale shall be governed by, interpreted under, and construed and enforceable in
accordance with, the laws of the State of California.
WITNESS WHEREOF, Sellers have executed and delivered this Bill of Sale as of this
day of 199yq-.
SF1.I.FR C
DON TOSH
T D E. CHRISTENSEN
TOM A. LEWIS
Bill of Salc.TLC concession; Page 2
BILL OF SALE
THIS BILL OF SALE ("Bill of Sale") is made as of this �F`C day of
199' by DONALD W. TOSH, TED E. CHRISTENSEN, and TOM A.
LEWIS (collectively the "Sellers") in favor of the STATE OF CALIFORNIA, DEPARTMENT
OF PARKS AND RECREATION("State"), with reference to the following facts:
A. Sellers and State entered into that certain Concession Contract dated as of
September 5, 1979 ("Agreement") respecting the construction, operation and maintenance of
certain concession"Property" (as defined in the Agreement).
B. Under the Agreement, State has the right to terminate the Agreement upon
payment of certain moneys as compensation for the improvements placed on the Property by
Sellers. State has notified Sellers of termination of the Agreement and Sellers have accepted such
termination and agreed to the payment of$45,326.45 and, upon such payment, are obligated to
transfer to State any and all of their right, title and interest in and to all structures and any related
improvements in accordance with the terms of the Agreement. Such improvements do not
include trade and other equipment used in operation of the concession as described and defined in
Section 24(c) of the Agreement nor does it include any items owned by seller or any tenant,
subtenant, contractor or persons other than Sellers.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Sellers hereby absolutely and unconditionally give, grant,
bargain, transfer, sell, set over, assign, convey, release, confirm and deliver to State all of Sellers'
right, title and interest, if any, in and to the improvements to which State is entitled under the
Terms of the Agreement.
Bill of Sale, TLC cor=mion; Page 1
• i
Sellers hereby covenant that Sellers will, at any tin=and from time to time upon written
request therefor, execute and deliver to State, State's successors, nominees or assigns, such
documents as State or they may reasonably request in order to fully assign and transfer to and vest
in State or State's successors, nominees and assigns, and protect State's or their right, We and
interest to be transferred and assigned hereby, or to made State, State's successors, nominees
and assigns to realize upon or otherwise enjoy such rights and property.
This Bill of Sale shall be binding upon and inure to the bona of the successors, assigns,
personal representatives, heirs and legatees of State and Sam.
This Bill of Sale shall be governed by, interpreted under, and construed and enforceable in
accordance with, the laws of the State of California.
IN WITNESS WHEREOF, Sellers have executed and delivered this Bill of Sale as of this
1 day of 199�.
SELLERS
DONALD W. TOSH
TED E. CHRISTENS11
d�
TOM A LEWIS
Bill of Sale-TLC capon; Page 2
RECORDING REQUESTED BY AND
WBEN RECORDED MAIL TO:
State of California, Department of Parks and Recreation
Orange Coast District
3030 Avenida del Presidente
San Clemente, CA 92672
MAIL TAX STATEMENTS TO:
Same as above
(Abow Spam for awarda'.Um ody)
QMI CLAIM DEED
The undersigned grantor declares:
Documentary Transfer Tax not shown pursuant to Section 11932 of the Revenue and Taxation
Code.
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
DONALD W. TOSK TED E. CHRISTENSEN and TOM A. LEWIS (collectively"Grantor")
hereby GRANTS to the STATE OF CALIFORNIA,DEPARTMENT OF PARKS AND
Quitclaim,TLC concession; Page I
RECREATION{"Grantee"), any and all interest it may have in and to that certain real property
(the"Property")located in the City-of Huntington Beach, County of Orange, at Bolsa Chica State
Beach, State'of California, at the locations shown and more particularly described in Exhibits"I"
and "II" attached hereto and incorporated herein by reference, together with all their right, title
and interest in and to all buildings and improvements located on the Property.
Grantor further grants to the Grantee all of the Grantor's right, title and interest in and to
all easements, privileges and rights appurtenant to the Property and pertaining to, held and
enjoyed in connection therewith and all of the Grantor's right, title and interest in and to any land
lying in the bed of any street, alley, road or avenue to the mesne line thereof in front of, or
adjoining the Property.
DONALD W. TOSH
A,
TED E. CHRISTENSEN
TOM A. LEWIS
Quitclaim,TLC concession; Page 2
ACKNOWLEDGEMENTS
STATE OF CALIFORNIA )
} ss.
COUNTY OF ffty4e l' }
On ` -3a before me, Ckcti-i S50. D. C>cDoa
Notary Public, personally appeared -DDnO,-(A W personally known known to me or proved to me on the basis of satisfactory evidence to
be the person(s)whose name(s) isla*subscribed to the within instrument and acknowledged to
me that helslelt}fy executed the same in his/her/their authorized capacity(OPS), and that by
his/hVWib slgnature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
got l fall l+olpolllllllllolllolloil lll16
CHARRSSA D.SopOAGA
comm.#1065727
NOTARY PUBUC.CAUFORHfA i 1 �}
M MONTEREY COUNTY
y
�n+++r+�i i�iiii+iiii July
+iieiiiiu� SIGNATURE OF NOTARY
Quitclaim,TLC concession: Page 3
RECREATION("Grantee"), any and all interest it may have in and to that certain real property
(the"Property")located in the City of Huntington Beach, County of Orange, at Bolsa Chica State
Beach, State'of California, at the locations shown and more particularly described in Exhibits"I"
and"II" attached hereto and incorporated herein by reference, together with all their right, title
and interest in and to all buildings and improvements located on the Property.
Grantor further grants to the Grantee all of the Grantor's right, title and interest in and to
all easements, privileges and rights appurtenant to the Property and pertaining to, held and
enjoyed in connection therewith and all of the Grantor's right, title and interest in and to any land
lying in the bed of any street, alley, road or avenue to the mesne line thereof in front of, or
adjoining the Property.
DONALD W. TOSH
TE
TOM A. LEWIS
Quitclaim,TLC concession; Page 2
ALL-PURPOSE ACKNOW&GMENT •
Fe-MEM.a-"mowa-anowafa a-"mow*-wen-a .000.0rei0.�a.4moma M►0-1
State of California
County of SS. i
On 3 �/ (e_fore me, O 1
• (DATE) A OTARY) •
personally appeared 17
SIGNERS)
❑ personally known to me - OR- proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
• acknowledged to me that he/she/they executed •
the same in his/her/their authorized
• capacity(ies), and that by his/her/their •
signature(s) on the instrument the person(s),
• or the entity upon behalf of which the '
person(s) acted, executed the instrument.
GARY L. DOUBLEDEE WITNESS m hand and official al
Comm.I1113391 Y se
NOTARY PUBLIC•CALIFORNIA
• Monterey Coumy
My Comm, Expires Ov.13,20DO
NOTARY'S SIGNATURE
• OPTIONAL INFORMATION •
4 The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document. •
CAPA CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL,
• ❑ CORPORATE OFFICER (/� Z Z/G,'��/1 •
((/ TIME OR TYPE OF DOCUMENT �GCJ
rrrl�(s)
• r
PARTNERS)
• ❑ ATTORNEY-IN-FACT •
❑ TRUSTEE(S) NUMBER OF PAGES
• ❑ GUARDIAN/CONSERVATOR •
❑ OTHER:
• _ DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTUY(IES)
• OTHER •
Lf*�O_Gvmmw 0-swoop*-dE0MW a-MEOW*-glow* -NEW.0 0-i
APA 1194 VALLEY-SIERRA,800-362-3369
RECREATION("Grantee"), any and all interest it' may have in and to that certain real property
(the"Property") located in the City of Huntington Beach, County of Orange, at Bolsa Chica State
Beach, State of California, at the locations shown and more particularly described in Exhibits"I"
and"IT' attached hereto and incorporated herein by reference, together with all their right, title
and interest in and to all buildings and improvements located on the Property.
Grantor further grants to the Grantee all of the Grantor's right, title and interest in and to
all easements, privileges and rights appurtenant to the Property and pertaining to, held and
enjoyed in connection therewith and all of the Grantor's right, title and interest in and to any land
lying in the bed of any street, alley, road or avenue to the mesne line thereof in front of, or
adjoining the Property.
DONALD W. TOSH
TED E. CHRISTENSEN
TOM A. LEWIS
G
Quitclaim, TLC concession: Page 2
• i
ACKNOWLEDGMENTS
STATE OF CALIFORNIA )
ss.
COUNTY OF
On �� MI-7 before me, MEFL-)5;:5^'
Notary Public, personally appeared
X proved to me on the basis of satisfactory evidence to
be the personW whose name4)jgare subscribed to the within instrument and acknowledged to
me thak9shelthey executed the same ir5aher/their authorized capacity{i*, and that by
6r her/their signature(k) on the instrument the person(N), or the entity upon behalf of which the
personN) acted, executed the instrument.
WITNESS my hand and official seal.
, MELISSA H U NTSMAN �
r
C POP.
NIA
�rrrara�czc._�-src.�rx�r�r
SIGNATURE OF NOTARY
Quitclaim,TLC concession: Page 3