HomeMy WebLinkAboutHARBOR PACIFIC LTD - 1979-04-020 0
STATEMENT OF THE ACTION OF THE CITY COUNCIL
Council Chamber, City Hall
Huntington Beach, California
Monday, April 2, 1979
Mayor Pattinson ____ called the regular meeting of the City Council
of the City of Huntington Beach to order R-7:30 P.M.
Present: Yoder, MacAllister,_Bailey, Mandic, Thomas, Pattinson
Absent: None
RECIPi�OCAL PARKING AGREEMENT - HARBOUR -PACIFIC LTD - APPROVED - GRANT DEED ACCEPTED
The City Administrator informed Council that they had been provided with copies of the
Reciprocal Parking Agreement and grant deed from Harbour Pacific Ltd. which will afford
non-exclusive use of a parking compound constructed for a commercial shopping complex
for beach and park users in conjunction with the parksite to be accepted by the grant
deed.
On motion by Mandic, second MacAllister, Council approved and authorized execution of
the reciprocal parking agreement between the City and Harbour Pacific, Ltd., and accepted
the grant deed for an approximate four acre parksite to be located on the southside of
Edinger Avenue across the channel from the Sunset Aquatic Regional Park. Motion carried
unanimously.
Mayor Pattinson adjourned the regular mqqt�rig 9f �he City Council
of the -City of Huntington Beach at to Apri 6, .97
at 6:30 P.M. in Room B-8, Civic Center, HuntinQ6_nBeach, CA
ATTEST: Alicia M. Wentworth
City Clerk and ex-officio Clerk
of the City Council of the City
Alicia M. Wentworth of Huntington beach, California
City Clerk
STATE OF CALIFORNIA
County of Orange
City of Huntington Beach)
I, ALICIA M. WENTWORTH, the duly
of Huntington Beach, California, do hereby
true and correct Statement of Action of the
regular meeting held on the 2nd day
konald Pattinson
Mayor
elected ana qualified City Clerk of the City
certify that the above and foregoing is a
City Council of said City at their
of April . 19 79 .
WITNESS my hand and sea] of the said City of Huntington Beach this the 12th
day of Apri 1 , 19 79 .
ia M. Wentworth
City Clerk and ex -of ic o C erk
of the City Council of the City
of Huntington Beach, California
BY A -74
Deputy
12/78
RecorOng Req�iested by:
'1]0.;,t.tY cf -1H u r. t i n a to n B e a c h
Wh��n i��.�ar�ted i�.Iail to:
.City of Huntington Beach
Office ofithe City Clerk
P. 0. Box'190
Huntington Beach, CA.
This document i__-_'solely.for the
'01 T Official business of the City
F_EtTE _.D7T
r� 0 1 of Huntin3ton Beach, as contem-
plated under Government Code
See. 6103 and should be recorded
RECIPROCAL PARKING AGREEMENT free of charge.
BK 13 12 1 P -0 11 0 2 5
This Agreement made and entered into this day
of 1979, by and between HARBOUR -PACIFIC,
Ltd., a California Limited Partnership (hereinafter "Harbour -
Pacific") and the CITY OF HUNTINGTON BEACH, a California
Municipal Corporation (hereinafter "City") is as follows:
W I T N E S S E T H:
WHEREAS, Harbour -Pacific is the owner in fee simple of
that certain property located in the City of Huntington Beach,
County of Orange, California, which property is more parti-
cularly described in Exhibit A and shown on Exhibit D attached
hereto (hereinafter "Parcel 1); and
WHEREAS., Parcel 1 is zoned for commercial and other uses
requiring the provision of parking facilities; and
WHEREAS, City owns in fee that area adjacent to Parcel 1,
which it intends to use for public park and beach purposes and
which is more particularly described in Exhibit B attached
hereto and shown on Exhibit D (hereinafter "Parcel 2"); and
WHEREAS, the State of California by and through the State
Lands Commission has issued to the City a permit (Permit No.
PRC 5310.9, dated September 28, 1977, a copy of which is
RECORDED IN OFFICIAL _RMORDS
JG: sh OF ORANGE COUNTY, CALIFORNIA
3/29/79 5 Min.
P., 4 P.M. APR 26 1979
LEE A. BRANCH, County P.0corder
1 0
12 1 P 10 2 6
attached hereto as Exhibit C; hereinafter "State Permit"),
to construct, operate and maintain public parking facilities
on those certain lands (hereinafter "Parcel 3"), more parti-
cularly described in the State Permit and shown on Exhibit D
as "Parcel 3" for public parking for use in connection with
public beach and park area comprising Parcel 2; and
WHEREAS, the configuration and location of Parcel 3 and
portions of Parcel 1 are such that the convenience of the
public seeking access to Parcel 2 (the beach and park) would
be significantly improved and the operation and maintenance
of the parking for the park and beach would be signifiantly
enhanced if an arrangement could be made which would permit
the public using the beach and park to park on portions of
Parcel 1 in closer proximity to the beach and park than Parcel
3 and to permit the public utilizing the facilities on Parcel
1 to park on portions of Parcel 3; and
WHEREAS, the parties hereto desire to conclude such an
arrangement;
NOW, THEREFORE, for and in consideration of the foregoing
recitals, the mutual covenants contained herein and other
consideration, the value, adequacy and receipt of which are
hereby acknowledged, the parties hereto do hereby grant,
covenant and agree as follows:
1. City and their tenants, subtenants, and their
officers, employees, agents, patrons, suppliers, invitees,
2.
B K
2 1 PQ
10 2
licensees and members of the public having the right
to
lawfully enter and use all or portions of Parcel 2 (herein-
after "Occupants of Parcel 211) shall have a nonexclusive
right to use in common with others the surface of that portion
of Parcel 1 designated and described as "Parking" on Exhibit
D hereto for the purpose of motor vehicle parking in connection
with the use of Parcel 2.
2. Harbour -Pacific and their tenants, subtenants
and their officers, employees, agents, patrons, suppliers,
invitees and licensees and other members of the public having
the right to be lawfully on or who are in lawful possession of
all or part of Parcel 1 (hereinafter "Occupants of Parcel 111)
shall have a nonexclusive right to use in common with others
the surface of Parcel 3 for the purpose of motor vehicle park-
ing in connection with the use of Parcel 1.
3. City hereby grants Harbour -Pacific the right,
and Harbour -Pacific shall have the duty, for the benefit of
the City and Parcel 2, to construct surface parking facilities,
including but not limited to surface materials., curbs, walks,
walkways, lighting, utilities and other improvements and
landscaping on Parcel 3 according to the plans and specifications
approved by the City on or before June 1, 1979. In the event
that the City fails to approve said plans and specifications
by said time, City may at its option terminate this Agreement
by executing and recording in the Orange County Recorder's
Office a written notice of termination prior to said date.
3.
BV 3 '12 1 r6 1028
Harbour -Pacific does not hereby agree to maintain, repair or
replace any of said improvements to Parcel 3.'
4. The parties hereto agree that it is not the
intent of this Agreement to in any way reduce or limit the
amount of parking actually available to either party in con-
nection with the use of either Parcel 2 (for beach and park
uses) or Parcel 1 (for commercial and other uses) but rather
to simply cooperate to make the parking available more ef-
fective, efficient and convenient for both parties and the
Occupants of Parcel 1 and the Occupants of Parcel 2. Ac-
cordingly, if either party in its absolute discretion
determines that the Occupants of Parcel 1 or the Occupants
of Parcel 2 are being denied the amount of parking otherwise
available to them but for this Agreement, then the parties
shall promptly establish a reasonable system to regulate and
control the extent and manner of use of the parking areas
within Parcels 1 and 3 so as to assure to each party and the
Occupants of Parcel 1 and the Occupants of Parcel 2 the same
amount of parking otherwise available to each but for this
Agreement while concurrently promoting the purposes of this
Agreement. Such system, among other things, may include the
posting of signs, the use of parking attendants, the requiring
of validations or the designation of parking spaces.
5. Harbour -Pacific and City recite and agree
that, except for Harbour -Pacific, the City, the State of
California and the persons described in section 7 hereinbelow,
M
�J=
B K 10
no person, corporation or other entity, including tenants of
Harbour -Pacific and its successors and assigns shall have
any right to sue on, or seek to enforce this Agreement,
whether by judicial proceeding or otherwise. The word "tenants"
as used in the preceding sentence include, without limitation,
subtenants, franchisees, permittees, licensees, lessees, con-
cessionaires and the successors and assigns or any of them.
The parties hereto do not intend to benefit any third person
or persons by this Agreement other than the State of California
and those expressly stated in section 6 hereinbelow, and hereby
disclaim any such intention.
6. The covenants contained in this Agreement and
the benefits and obligations thereof are intended to benefit
and burden Parcel 1, Parcel 2 and the interest of the City in
Parcel 3 and shall run with the land and be binding on, and
inure to, the successors and assigns of City and Harbour -
Pacific.
All rights under this Agreement shall terminate
when the State Permit terminates by expiration of its term.
8. Each party agrees to defend, indemnify and hold
and save the other harmless from any and all damage arising
from or related to any exercise of the rights herein granted
and agrees to pay any damage or damages which may arise to the
other's property or interest therein or improvements thereon
or to the other's right granted by this Agreement.
BK eo
10
If Harbour -Pacific is deprived of physical
possession of all or part of Parcel by any governmental body
or agency pursuant to eminent domain proceedings, then the
reciprocal rights granted herein shall terminate if there is
a total taking or be proportionally reduced if there is a
partial taking.
10. Invalidation of any one of the covenants con-
tained herein by judgment or court order shall in no way affect
any of the other provisions hereof, and such other provisions
shall remain in full force and effect, unless such invalidation
shall result in a failure of consideration, in which case this
Agreement and the reciprocal rights granted herein shall
immediately terminate.
11. City and Harbour -Pacific shall have the right
from time to time to change, amend, cancel or modify this
Agreement, in their sole and absolute discretion, by the
execution and recordation of a written agreement or agreements
so stating. City and Harbour -Pacific shall cause this Agreement,
when executed,, to be recorded in the Orange County Recorder's
Office, California.
12. This instrument contains the entire Agreement
between the parties relating to the reciprocal rights herein
granted. Any representations or modifications concerning this
instrument shall be of no force and effect whatsoever except
those made subsequent hereto in accordance with section 11
hereinabove.
4
1.2
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1 That portion of fractional Section 19, TbS kllW in the City of
2 Huntington beach, County of Oran,,,e, State of California, as per iiiap
3 recorded in book 51, page 13, of Miscellaneous Maps, records in thv
4 office of the County Recorder of said Count), aescribed as foll0V5:
5 Comiiiencing at the most Southerly corner of Lot "A" in Tract
6 No. 8718 in said City as recorded in book. 390, pages 16 and 17
7 of said Mi scel laneous, Maps in said County; thence along the
6 Sc-uthwesterly prolongation of the Southeasterly line of said lut,
q �uuth 35' 44' 11" West 400-00 feeti, thence North 54' W 49" Wcst
10 91).00 fect. thence South 35' 44' ill' West 1.00 feet tU thL True Point
I I e�, i ar t lie nce N ort h 54 ' 15' 4 9 " We s t 8 3. 51 t o a Vo i n t i n a
12 non-tan�(.,rit curve, concave WeStLrly and having a radius of lbZ.OU fLetil
13 . radial line of sai6 curve to said point bears North 710 14' Lo" 'Last,
14 thence Northerly alon� said curve 72.14 fLLt thruu�h a central an6lu
15 uf 27' 11 ' 36"; theiice North 29' U0' ou" Last 75.14 feet, thEnLL'
1611 North 61' 00' 00" West 244-76 fect.- thLTICC North 21' 4b' 50" East
17 31,18.72 feet to the beqinnin� of a tangent curvL conLave Lasterly a,,G
18 having a radius of 154.UO feet,; thence Northerly along said curve 74.75
19 1 feet through a central angle of 1'27' 48' +3", thence tangent to sale,
20 (-urve North 49' 34' 33" east 12.37 feet to tile Southwesterly bouri(�ary
21 of said Tract No. 8718: thence alon� said bounoary
22 North 18' 0' 33" West 32.45 feet to thL �outheasterly line of the lana
23 deeded to the Oran�e County Flood Control District by UeeG reLorced in
24 book 4364, paSe 451 of Official Records of saiG County, thence alcn�
25 said Southeasterly line ano its Southwesterly prulon'-ation
26 South 49' 34' 33" West 217.75 feet to th.e boundary of the 2.9b acre
27 1 parcel of land vested jr! the statc- of Califomi6,, thence alon,,, sa'U'
28
W,
30 Page I of 2
March 21, 1979
31 W.U. #344-87/JR:jj
VL8-b3
32
� _r� -rm A
BK 13 12 1 Po 10 3 5
I last described boundary, South 80' 26' 18" East 81-93 feet anc
2 South 38' 52' 33)" West 203.07 an(; South 66' 3U' 47" West 140.77 feet
3 and South 77' 57' 42" West 125-04 feet to said Southwesterly prulrn6atiQn*
4 thence alon� said prolon�ation, South 49' 34' 33" West 250-3� feet
5 to the Northerly line of strip "A" as deeded to said state per book
6 6368, pa�L 411 of said Official Records, thence alon6 saic Northerly
7 line South 61' 00' 00" Last 631.00 feet to the be�innin6 of a tan6ent
8 curve, concave Northerly and havi% a radius of 110-00 feet, sa"Id curve
9 bein� tan(.,c-nt at its Easterly teminus in that certain line which bears
I C) North 35' 44' 11" East and which passes throu�h the true point of
11 be�innin�, thence Easterly alon6 said curve 159.85 feet throu�,Ii a
12 Lentral angle of 83* 15' 49" to said certain line, thence alon6 saia
13 certain line North 35' 44' 11" Last 79.69 feet to the true point of
14 be�inninq.
15 Containin� an area of 5.152 acres.
16
17
18
19
20
21
22
23
24
25
26
27
28
29
Pa�e 2 of 2
30 March 21, 1979
W.O. #344-87/JR:jj
31 VL8-b4
32 EXHIBIT "All Page 2 of 2
LEGAL DE-�(,M.PTIUN
14,
BK 13 112 1 po 10 3 7
1 11 Pa?-t "A"
2 hat port, i on of f rac t i orla I -�ect i on 19 T5 Sk I I W i n the C i tY Of
3 (;r '6each County of Orancx , State of Cal if(.,r!i i a a,; per niap
4 t i I in bcc�, 51 pages 13 of Ni scel lancous Mips, R('c0v-e> of said
1
5 1,1()unt.y 6pscribed as follows:
6 be,,irlr..ir!y at thL- njost Southerly corner of Lot "A" Tract No- b
7 1. S, I j
,lic, City a� filed in Book 390, pa�es If) and 17 of Said NISCL:1161,20
8 j-,,ps, th(:;;ce alon, the Southvesterly prol(�n�,atiwl Of tjj--) --ou,lieasterl�,
J
9 1 i r:k? of s�ild Lot "A", South 35' 44' 11" West 4G�','-Ub f cet to c� p,�int
10 ;i,-,f ter cal led poiht "A", thunce North 54' 115' tj�?" j,j2St 9'-,.OfJ i LCIL
I I 11�-1,1cL South 3b' 44' 11" Wcst 1 .00 f eet; tjjcq,cc� �4L,) 1 b' 4�j" ''cst
"and h')vir" a
-o-i nt i n a nor-,-tam,ent curv�,� . curic iv
CC. L U 0
L
-urve tc, S a i a i,cli It L�26rs
3 t-cl(lius of IbL.o�) feetl a radial linc of s�)iul
t -u r vu f
141 �',U,rth 7-11" 14' 28" Last-, thuncc, �,,urtjjerj� saic, c
15 throuyli 6 centi-61 an(,Ie of 27' 11' 36"1 thiCHLU 1,11OWLh �.9'
16 14 f eet - tlience North 61' 00' 0o" wust 244. 76 fcet, ther',cc
17 Nlorth 21- 4b* 50" Last 398.72 to the be�irinin� of a tar�,,,ent curve
18 concavc, southeasterly and having a radius of lb4.00 fuLt; thenLe
19 Nc,,r".11,easterly along said, curvc 74.75 feet thr(;j9h a CLritral ar,#�Ie of
L- � - -
20 27` 4��' 4',',",- thence tangent to said curve North 4,J' 34' 33)" Last 12-3�
21 1 L
to its intersecLion with Southwesterly uoundary of said Trcc'
22 6118- Lhence souti.e*dsturly, SGUthLrly arid Easterly alum., said SC;uthwL;S--Le
S
23 line ot said tract to the pcirlt of be6inning.
24 4
.i Containing an area of 4.149 acres i;icre or less.
25
27
281
29
30
31
32
EXHIBIT B
pa�,e I of 2
march 21, 1979
w.0. #344-67/Jk:jj
VL8-�l
EY,Hlbll' "B" continued
1
2
3
4
5
6
7
8
9
10
13
14
15
16
17
Is
19
20
21
22
2.3
24
25
26
27
28
29
30
31
32
Part "b"
BK 13 1 2 1 pou 10 3
bc�innin�- at said point "A"- tj-�erjce cotjtinuin� couti, "b' 44' 11" West
167.44 feet to the Northerly line of Strip "A" of the laria deeded to the
State of California per deed recorded in Book 6368, pa-'e 411 of
Official Records of said County, thence dlQn� said Northurly line,
North 61' 00' 00" West 193.43 feut to 6 point of cusp iiith a tan,�erit
curve, conca-ve Northerly anc havin,- a radius of 110.0b, fee',, curvL
1)ein� tan�,ent at its Easterly teriiiiiw:� in a line pdrallul 0th and
distant Northwesterly 95.OU feet i.ieasured at ri�ht anbles fru,i the LC)ursc
6cscriLed as bearin(� South 3�' 44' 11" West thei�c--� LzjstL-'rly
aionk, saiti curve 159.8b feet throu�,h a central an�je of 63' 15' 4)" to
said parallel line; thence alon�, sa'Id purallel line North 3--)' 44' 11" L,,�st
30.89 feet to a li[IC WhiLh Lbe6rs North 54' 1')' 49" West anu which
passes through said point "A", thcnce South 54' 15' 49" East 9,1.00 f'�et tu
the point of bc�irinin�.
Rcservin� therefruo exclusive, severaLle aSSil��IablU CbSb�iUltS
riyhts of way over the Northerly and Nurthwesterly 50.00 feet 0 said
Part "B" for the purpuse of locatinc-, constructiri�, mairtainin� usin(j
.4
and cperatin� thereon (frec of any rental char�e by the �ity of liunLiii�,'Icn
. Ueach), oeclks eXtLndin(, no :jiore tnan 5.00 feet from the bulk flLaa
cther with piers, docks, wharves, slips, ranips, floats, lahLill�s 611L
other floatiny structures.
Containing a net area of 0.423 acres.
Pa�e 2 of 2
March 21, 1979
W.O. #344-67/JR.jj
VL8-U2
EXHIBIT D
3�A�
v7qq
I:onsol idated, inc.
Ah
J
"' 1 2 1 po 1039
Aet--71-W T67 4eMA�A"r �&Yre7l-O71JAI
971Y
E�
04(1,13 1,4ZOee-5
"IZ
g4,f -9 7
BK 1312]po]040
70
67
4517,e-1 ORK
e�
consolidated, inc.
I cA' ekl
PWT 'A
4, ogr wnrs a'
*2
Vul-
.DOI
.DOI
.001
. I
100
oVO OC41—O".
fIZI179
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101, BK . 13 2 1 PG 10 4
w 2.1489
STATE OF CALIFORNIA
STATE LARDS CORMISSION
FERMIT.NO. PRc 5110-2
Section 1
For such consideration, specific purposes and subject to such terms,
covenants, conditions, reservations, restrictions and limitations as are set
forth herein: THE STATt OF CALIFORNIA, hereinafter referred to as "Lessor,"
acting through the State Lands Commission pursuant to Division 6 of the
Public Resources Code and Title 2, Division 3 of the California Administrative
Code, does hereby grant a permit to:
FERMITTEE CITY OF MTINGTON BFACH
whose mail address is:_ p, 0, Box 190
I ViAwrOTMT-Tts ZT-M 4 1
for the non-exclusive use of that certain land decribed in Section 4 of this
Agreement.
PERHIT TYPE:
TERM: 49 Years; No —months; beginnin
9 June 1, 1977
endi unless sooner terminated as hereinafter
provided.
COUNTY: ORANG-P
LAND TM: Snyprei 0-n
Page 1 of 4 (Form 51.14 4/76)
EXHIBIT "C" 'ZI
STATE OF CALIFORNIA - STATE LANDS COMMISSION
PERMIT NO.- PRc 5310.9
Section 1 (Continued)
BK]3121eo1042
IAND ME OR PURPOSE: Public Da king for use in connection with Public beach
Lr
and Park area.
AUTHORIZED IMPROVEMENTS: The construction of Parking facilities (including-
'�"%4-
"Mited to
and other im
ents, and
curbs, walls
LIABILITY =U'RANCZ: EACH OCCURRENCE
Divided Limits:
Bo�'3-1Y Injur� 9 NIA
Property Damage S N/A —
OR
Combined Single
Limit-.-- NIA
N
ligh'.ing, tiliti
SURETY BOND:
CONSTRUCTION LIMITDG DATES:
galeginning Mo. Day Yr.
June 1
Completion
June 1, 1979
COMPOSITION OF AGREEMENT: This permit consists Of the follOwing Parts all
attached hereto and by reference made a part of the whole agreement:
Section 1 - Summary of basic terms, as above.
Section 2 - Special provisions amending or supplementing Section 1 or 5.
Section 3 - Consideration.
Section 4 - Land Description.
section 5 - Standard covenants.
00 Page 2 of 4
(Form 51.14 4/76)
BK 13 12 1 Po 1043
STATE OF CALIFORNIA - STATE LANDS COMMISSION
FERHIT 140. PRC 5310-9
Section 2
CHANGES IN FORM: Before the execution of this permit, the printed
form was changed, revised and added to in the following manner:
The Permittee hereby agrees that any signs or other types of printed
notices, installed to provide notification of the public use and benefit
of the project as set forth herein, shall contain and reasonably display
a statement to the effect that the State Lands Commission ha;s contributed
the lands underlying the project. Such statement may be as follows.
"The land for this project was provided by the State Lands
Commission" or
"A portion of the land required for this project was contributed
by the State Lands Commission."
Page 3 of 4 (Form 51-14 4/76)
STATE OF CALIFORNIA - STATE LANDS COMMISSION
PERMIT NO. PRC 5110mc)
ROYALTY: NONE
OTEER CONSIDERATION: Nc)Nr
Section L
BK1312lpolO44
P6ge 4 of 4
0 Awl&
U (Form 51.14 4/76)
STATE OF CALIFOPIIIA S@
LANDS COI*=S.ION
PERMIT NO;.--PRC 5310.9
Section 4
LAND DESCRIPTIM
W 21489
BK 13 2 1 po 10 4 S
A parcel of land in 11untinszton Harbour, situated in protracted
fractional Section 19, T5S, R1111, SE-1, County of Orange, State
of California, said parcel more particularly described as follcxqs:
C012MICING at the intersection of the centerline of the
State of California channel 400 feet wide described
as "Strip A" in a deed recorded in Book 6368, page
4118 Records of Orange County, California, with the
southwesterly prolonzation of the compromise boundary
line between Rancho Los Alimitos and Rancho Las
Bolsa Chica per instrument recorded in Book 1151,
page 284, Records of Los Angeles Cou-,lt7, Califor.nia,
said compromise boundary line bearinp IN 50*30'20"E;
thence along said Drolon'7ation of said comDromise
boundary line N 506 30'20"E; 957.19 feet; thence
S390291�011E, 270.00 feet�' to the POINT OF BECIINNING;
thence S79*30'31"E, 81.93 feet; thence S39*48'20"W.
-203.07 feet; thence 5 67*26'34"W, 140.77 feet;
..thence S 78* 53' 29" W, 125.03 feet; thence parallel
with and 270 feet southwesterly of said Prolo*nRation
of said compromi3e boundar-,r lin'e N 50*30' 20" E,
.391.52 feet to the true point of beginning.
The basis of bearings for the above descriptions is the California
Lambert Coordinate grid system
%-- , Zone 6.
Prepared
Review::J,
W
ID OF DESCRIPTION
Checked
Date 2/7 7
EX61BIT—.—, TT C
Section
BK J 12 1 Po 10 4 6
STANDARD COVENANTS --STATE LANDS COMMISSION LEASE
1. AGREEMENT DEFINED: For the purposes of this lease, the terms "lease,"
"right of way," "easement," "permit," and "license" are interchangeable; where
one term is used, it shall be deemed to include any one of the other terms,
where appropriate.
-1
f. MONETARY CONSIDERATION:
(a) Lessee agrees to pay the annual rental stated in Section 3 hereof
to Lessor without deduction, delay or offset, at such place as may be designated
by Lessor from time to time, in advance on or prior to the beginning date of this
leane and anniversary of such beginning date during each year of the term hereof,
except that Lessor, effective on each fifth anniversary of the beginning date
of this lease, and at such other times as are hereinafter specified, may from
timc to time elect to change the amount of annual rental to be paid by Lessee
hereunder. Any such change in rate shall be to the applicable rate, or by
following the procedure for determining the applicable rate, of rental set forth
in Title 2, California Administrative Code (now contained in Section 2006) at the
time notice of any such change is given to Lessee. Such changed rate shall not
become effective unless Lessor shall cause written notice of such change and of
the new rate to be given to Lessee on or before ninety (90) days before the
effective date of such rental rate change. Should Lessor fail to effect a change
of such annual.rental effective on any such fifth anniversary of the"beginning
date of this'lease, the annual rental shall remain the same as the rental payable
for nach year during the immediately preceding five-year period, provided that for
any years remaining before the next five-year anniversary of the beginning date
of this lease the Lessor on written notice not less than ninety (90) days before
the next rent becomes due, may fix a different rate of annual rental, which rate
EXHIBIT ........... . ...... C ................ .
BK13121polO47
s1hall be determined in the manner hereinbefore set'forth, which rental at �;uch
new rate, unless thereafter changed in the manner herein provided, shall be
payable each year thereafter by Lessee. Any change in the rate of rental
effective on a date other than any fifth anniversary of the beginning date of
this lease shall be without prejudice to Lessor's right to change said rental
rate an each succeeding fifth anniversary of the beginning date of this lease
as above provided. It is specifically agreed that in the event of the termina-
tion of this lease prior to its expiration date from any cause whatsoever, no
portion of rental paid in advance shall be refundable.
(b) In the event that the parties to this lease are unable to
agree upon a firm annual rental, quarterly royalty or other consideration at
the expiration of the lease period agreed herein, and the Lessee remains in
possession of the leased lands and c�ontinues to pay an interim rental, roynIty
or other consideration until a firm rental, royalty or other consideration is
agreed upon by the parties, then at such time when the Lessee submits payment
for any or all retroactive rentals, the State shall collect interest on said
retroactive payments at the rate specified in Public Resources Code Section
6224. . This shall not be construed as a limitation upon any other remedy which
the State may have against a holdover Lessee.
(c) It is agreed by the parties hereto that any installments of rental,
royalty or other monetary consideration accruing under . the provisions of this
lease that shall not be paid when due shall be subject to a penalty and shall
bear interest at the specified rate from the date when the same was payable by
the terms hereof, as provided in Public Resources Code Section 6224 and Sub-
section (d) of Paragraph 2 of this lease, until the same shall be paid by the
Lessee.
W) The failure to pay the rentalss royalties or other consideration
specified in this lease shall subject the Lessee to a ten (10) percent penalty
on the accrued and unpaid balances, for the rental,. royalty or other consideration
3
BK 13 1 2 1 Po 1048
puy4ble after January 1, 1976.
3. ROYALTY: Lessee shall pay to Lessor, in addition to the annual rental
or other consideration as stated herein, a royalty in the amount per cubic yard
per ton, or other unit of measurement as set forth in Section 3 hereof for all
materials removed from the land subject to this agreement and placed on lands
not owned by*Lcssor, if authorized herein, according to the following schedule:
Within twenty-five (25) days following the end of each quarter
ending on March 31, June 30, September 30 and December 31, Lessee
shall pay said royalty for all materials removed from land subject
to this agreement during the preceding quarter. Each payment shall
be accompanied by a detailed statement subscribed and sworn to by
Lessee or his agent attesting to the accuracy of the payment.
4. OTHER CONSIDERATION: Lessee agrees to pay other consideration in the
amount, method and manner as provided for in Sections 2 and 3.
5. NON -MONETARY CONSIDERATION: If a monetary rental, royalty or other
consideration is not shown in Section of this Agreement, the sole and entire
consideration to.Lessor for the within lease or permit shall be the public use,
benefit, health or safety, as appropriate. However, the Lessor reserves the right
to review the consideration at any time and to set a monetary rental if the State
I.inds Commission shall at its sole discretion determine that such action is
in the beat interest of the State;
6. BOUNDARIES: The description of the land in Section 4 herein has
been made without a survey and without a determination of boundaries of the
land subject to this agreement. This lease is not intended to constitute
the establishment of the State's boundaries and is made without prejudice
to any boundary claims which may be asserted in the future;
7. LAND USE: Lessee agrees to use the land described in Section 4
only for the purpose or purposes stated in Section 1 or 2 and for the
BK 13 12 1 Po 10 4
-4-
construction, operation and maintenance of the improvements, listed in
Sections 1 or 2, as appropriate. If such use is not commenced by Lessee on
the land subject to this agreement within ninety (90) days of the beginning
date of this lease or within'ninety (90) days of the beginning construction
limiting date if such date is authorized in Section 1, or if such use on said
land shall be discontinued for a period of ninety (90) days, this lease and
the term thereof shall terminate upon notice to Lessee. No additional
improvements shall be added without written consent of Lessor first had and
obtained.
8. ADEQUACY OF CONSTRUCTION: All improvements shall be constructed
and installed consistent with all applicable code requirements.
9. MARINA SANITARY FACILITIES: If this lease covers the operation of
marinas, launching ramps or other like -facilities which are used by the public,
whether for profit or not, Lessee sha.11 provide on -shore sanitary facilities.
10. FLOATING RESIDENCE: The structure authorized by this lease shall not,
at any time in the future, be converted for use as a residence, nor be used for
the purpose of mooring a floating residence or ark.
11. REPAIRS:
(a) Lessee shall maintain and keep in good sound repair all
improvements upon the property. The removal of, or substantial alteration
to, any existing structure shall not be undertaken without prior written
permission of Lessor first had and obtained. The failure to obtain the
written permission of the Lessor shall be grounds for termination of this
lease.
(b) If at any time subsequent to the beginning date of this
lease the improvements authorized herein shall fall into a state of disrepair
or otherwise bee ome an environmental or aesthetic degradation, an determined
4-5-
�K 13 12 1 PG 1050
by Lessor, then upon written notice by Lessor, Lessee shall have sixty (60)
days to repair and correct the conditions cited by Lessor. Failure to
comply with the written notice of Lessor shall be grounds for termination of
this lease and Lessee shall at the option of the Lessor remove all structures
and fill located on lands covered by this lease;
12. RIGHT OF INSPECTION: Lessor through its authorized agents shall
have the right at all reasonable times to go upon lands owned by the Lessee
and upon the leased land for the purpose of inspecting the land and improve-
ments or carrying out any function required by statutes or the rules and
regulation of the State Lands Commission;
. 13. EXISTING ENCUMBRANCES: This lease is subject to existing contracts,
leases, licenses, easements, encumbrances and claims which may affect the
leased land, and this lease is made without warranty by Lessor of title,
quiet enjoyment, condition or fitness of the land subject to this agreement
for the intended use, or any other warranty or representation whatever, except
that Lessee faithfully keeping all the terms, provisions and conditions of
this lease on Lessee's part to be performed, Lessor agrees not to interfere
with Lessee's posse ssion of the land subject to this agreement, except as
herein may otherwise be provided;
14. RESERVATION OF NATURAL RESOURCES: Unless the use or purpose of this
agreement provides otherwise, there are hereby reserved to the State all
natural resources, including but not limited to, timber,.minerals, sand and
gravel, geothermal resources, oil, gas and hydrocarbon products in or upon
the land subject to this agreement,, and the right to grant in, over, and
across said lands, leases to extract or remove such natural resources, as
provided by law and the rules and regulations of the State Lands Commission
and without compensation to the Losses;
R K 1 %3/ 1 2 11 P o 10 5
15- OTHER RESERVATIONS: Lessor expressly reserves the right to grant
easements or crossings in, upon and under the demised premises. Nothing herein
contained shall be construed as limiting the powers of the State to lease, convey
or otherwise transfer or encumber, during the life of this agreement, the
hereinbefore described lands subject to this agreement for any purpose
whatsoever not inconsistent or incompatible with the rights of privileges
granted to the Lessee by this agreement; provided, however, that nothing
herein shall preclude the Lessee from excluding unauthorized persons from
the lands subject to this agreement during any period where Lessee reasonably
deems such exclusion necessary or desirable in connection with its authorized
use of land subject to this agreement;
16. RULES AND REGULATIONS:
(a) Lessee shall observe and comply with all rules and regulations
now or hereafter promulgated by any governmental agency having authority by
law, including, but not limited to State Water Quality Control Board, State
Department of Fish and Game, U. S. Army Corps of Engineers and the State Lands
Commission.
(b) Lessee recognizes and understands in accepting this lease that
his interest therein may be subject to a possible Possessory Interest Tax
that the city or county may impose on such interest, and.that such tax payment
shall not reduce any rent due the Lessor hereunder and any such tax shall be
the liability of and be paid by the Lessee.
(c) Lessee covenants that all reasonable precautions will be taken
to prevent pollution and contamination of the environment.
17. MODIFICATIONS AND REMOVALS: Any modifications of natural or
existing features of the real property described in this lease, including
but not limited to the removal of timber and other flora, which are
inconsistent with the authorized uses under this lease are expressly
RK 13 12 1 1052
prohibited without the prior written consent of the Lessor;
18, ACCESS TO OTHER STATE IAM: If the leased promises &but or adjoin
any other State-owned lands which do not have a right of access for ingres
and egress, Lessee shall provide adequate public vehicular and pedestrian
access across, over and upon the lease promises for the benefit of said lands.
19. RIGHTS -OF -WAY:
(a) If the lease is for a right-of-way covering one or more pipelines
or conduits, the property right granted herein applies only to land actually
underlying the pipelines or conduits, and there is hereby granted a non-
exclusive right to go into and upon the land subject to this agreement on
either side of said lines or conduits and within the pa rcel described in
Section 4 as reasonably necessary for installation, inspection and maintenance
of the pipeline or conduits.
(b) Reasonable passage across and along any right of way granted by
this agreement shall be reserved to the public.
20. INDEHNITY, BCKD AND INSURANCE:
(a) Whether or not a bond or insurance as described herein is
required, Lessee shall. indemnify, save harmless and at the option of the State,
defend, the State of California, its officers, agents and employees against any
and all claims, demands, lose, action or liability of any Und which State of
California, or any of its officers, agents or employees may sugstain or incur
or which may be imposed upon them or any of them &rising out of or connected
with the issuance of this lease, including, without in any way limiting the
generality of the foregoing, any claim, demand, loss, or liability &rising from
any failure of title or any alleged violation of the property or contractual
rights of any third parson or persons in the leased
BKI 3 12 1 p, 1053
U
(b) If so specified in Section 1 or 2, Lessee shall file with
Lessor and maintain in full force and effect at all times during the term
of this.lease or any extension thereof, and an additional period of me
hundred twenty (120) days or until the State has accepted a quitclaim deed
and sufficient ovidences of removal of improvements requested to be removed,
whichever is longer, a good'and sufficient surety bond drawn in favor
of the State of California in the penal sum stated in Section 1 or 2 hereof, to
guarantee to Lessor the faithful performance and observance by the Lessee
of all of the covenants and conditions implied or specified in this lease,
and which specified or implied covenants and conditions are mandatory upon
and are to be kept and performed by the Lessee.
(c) If so specified'in Section 1 or 2, Lessee shall obtain at
his own expense and keep in full force and effect during the term of this
lease, for the protection of Lessee and the State in an insurance company
acceptable to Lessor, comprehensive public liability insurance covering the
leased promises and their surrounding area with limits of not less than the
amou nts stated in Section 1 or 2 hereof. The policy or policies shall specifical-
ly name the State as an insured party as to the land under lease; and the
policy or policies shall specifically identify the lease by number, and a
certificate or certificates of insurance must be provided by the Lessee to
Lessor. Upon any increase in rental as provided in Paragraph 21 Lessor
reserves the right to increase the sum of the penal bond.
(d) Lessee agrees that the liability insurance coverage heroin
provided for shall be in effect at all times during the term of this loaseq
and until said 1*as*d land in restored as nearly as possible to the condition
existing prior to erection or placement of the improvements thereupon or
until Lessor, in writing, elects to accept the leased land or any portion
thereof as then improved with structures% buildings, pipelines, machinery,
-9- BK 13 1. 2 P6
I facilities and fills in place. If Lessor elects to accept only a portion Of
the' leased land as then improved, Lessee's responsibility to insure the
premises &hall terminate as to those portions that the Lessor accepts intact,
but shall continue in the remAining portions until said portions are
restored as nearly as possible to the condition existing prior to the erection
or placement of improvements thereupon.
In the event said insurance coverage
expires at any time or times during the term of this lease, Lessee agrees
to provide at least fifteen (15) days prior to said expiration date, a new
certificate of insurance evidencing insurance coverage as provided f . or herein
for a period of not less than one (1) year, I or for not less than the remainder
of this lease, and until the leased land is restored or until Lessor, in writing,
elects to accept the leased land or any portion thereof as then improved as
provided for herein. New certificates of insurance are subject to the approval
of the State Lands Division, and Lessee agrees that no construction, improvements,
additions, work or services shall be performed prior to the giving of such
approval. In the event Lessee fails to keep in effect at all times insurance
coverage as herein provided, State may, in addition to any Pther remedies it maY
have, terminate this lease upon the occurrence of such event.
21. ASSIGNKENT, TRANSFER OR SU ING:
(a) Lessee shall not assign, transfer, or sublet this agreement
without the prior written approval of the Commission first had and obtained.
Such written approval of the assignment, transfer or sublease shall be
subject to any and all conditions required by the Commission, includingi
without limitation by reason of specification herein, the altering, changing
or amending of this lease as deemed by the Commission to be in the beat
interests of the State.
10 5.4�
BK 13 12 p- 10 5 5
(b) The leasehold interest hereby described is created as an
appurtenance to littoral land. The leasehold interest is not severable from
the rights and interest of the Lessee in the littoral land without the
express written approval of.the State Lands commission first had and
obtained. Any such severance without State Lands Commission approval shall
be grounds for termination . of the lease by the State Lands Commission.
22. TERKINATION By I Lessee may terminate this agreement upon
giving Lessor not less than sixty (60) days writ ten notice prior to the date
of such termination. Lessee agrees that on the day selected by lessee for
termination of this agreement under this paragraph, to peaceably and quietly
leave, surrender and yield up to Lessor the land subject to this agreement in
good order, condition, and repair, reasonable use and wear thereof and damage
by act of God and the elements excepte d, amd execute and deliver to Lessor a
good and sufficient release of all rights under this lease. Should Lessee fail
or refuse'to deliver the release as aforesaid, a written notice by Lessor
reciting the failure or refusal of the Lessee to execute and deliver said
release as herein provided shall'from the date of recordation of such notice
be conclusive evidence against Lessee and all persons claiming under Lessee of
the termination of this lease and any claims and rights of Lessee in the land
and improvements subject to this lease. In the event Lessee elects to terminate
this agreement, such termination does not release Lessee from any unpaid but
accrued rent, royalty payments or equivalent consideration which may be owed
to the Lessor;
23- CANCELIATION By STkTE: If this lease covers land obtained by Lessor
from the United States as or in lieu of school lands, Lessor reserves. the right
and power to cancel this lease at any time during the term hereof upon notice
in writing to the Less . ee of not less than ninety (90) days next prior to
T
BK 13 2 1 Po 1056
the da . te such cancellation shall become effective, and Lessee hereby
a grees, upon receipt of such written notice, that Lesseevill vacate the
demised promises on or before such cancellation date;
24. TERMINATION UPON SALE OR EXCHANGE: If this is a Grazing or
Agricultural Lease, such lease is terminated by Lessor upon sale or exchange
of the land subject to this agreement without advance notice to the Lessee
as provided for by law and by the rules and regulations of the State Lands
Commission;
25. PUBLIC AGENCY PERMITS: Where the sole and entire consideration
to the Lessor for the within lease shall be the public use, benefit, health
and safety, Lessee agrees and covenants to notify Lessor within ten (10) days
in the event any monetary charge is made to the public for use of the leased
land, either directly or indirectly.
26. OIL SPILL EMERGENCY: In the event of a spill or leak of oil or
other liquid pollutants into waters over State lands, Lessee shall immediately
notify the State Office of Emergency Services by telephone (800) 852-7550-
Lessee shall subsequently send the State Lands Division a complete written
report within thirty (30) days stating the source, cause, size of spill and
action taken.
27. MARINE TERMINALAHARF OPERATIONS: If this lease is for a marine
terminal or wharf operation handling petroleum, petroleum products, or any
other potential pollutant, Lessee shall provide Lessor with an approved Oil
Spill Contingency Plan/Spill Prevention Control and Countermeasure Plan and
a Terminal Operations Manual in the form required by Federal and State
Regulations and guidelines. Lessee shall periodically review such plans
and advise Lessor of any changes to such plans.
BK 13 12 1 p,
1057
28. R MRATION OF PREKISES: Upon expiration or sooner termination of
this lease, Lessor may elect to accept the leased land or any portion thereof,
as then improved with structures, buildings, pipelines, machinery, facilities
and fills in place or Lessor may elect to have any such improvements or any
portion thereof, removed by Lessee at Lessee's expense. All such improvements
to be removed shall be salvaged and removed by -Lessee at Lessee's sole
expense and risk within ninety (90) days after the expiration or sooner
termination of this lease. If Lessee fails to remove such improvements or
portion thereof designated by Lessor, and restore the leased land as herein-
after provided, within ninety (90) days after the expiration date or sooner
termination of the lease or notice by Lessor of his intention to accept a
portion of the premises as then improved, whichever is shorter, Lessor may
remo ve or have removed all or a portion of the improvements and charge the
expense of such removal to Lessee. In making such removals, Lessee shall
restore said leased land as nearly as possible to the condition existing prior
to erection or placement of the improvements thereupon;
29. HOLDING OVER: Any holding over after the expiration of the term
of this lease by the Lessee, with the consent of the State, shall be construed
to be a tenancy from month to month, and shall otherwise be on the terms and
conditions herein specified as far as applicable with rental at the rate of
1/12 of the annual rental stated in Section 3 payable in advance on the first
day of each Month;
30- REPOSSESSION: In the event of failure of the Lessee to pay rental,
or in the event of a breach of any of the other covenants contained within
this agreement, or failure of Lesbee to observe the terms, conditional
restrictions or time limitations herein containedg to be kepts performed and
observed, it shall be lawful for Lessor to re-enter into and upon the demised
BK 13 2 1 Po 0 5
premises, and to remove all persons and property therefrom, and to repossess
and enjoy the herein described demised premises as in the first and former
estate of the State;
31- QUITCIAIM: Upon the natural expiration or termination of this lease
by Lessor, in addition to any other remedy which Lessor may have, as provided
by law or the terms of this lease, Lessee shall within ninety (90) days of the
natural expiration or sooner termination of this lease by Lessor execute and
deliver to Lessor a good and sufficient release of all rights under this lease.
Should Lessee fail or refuse to deliver the release as aforesaid, a written
notice by Lessor reciting the failure or refusal of the Lessee to execute and
deliver said release as herein provided, shall from the date of recordation of
such notice be conclusive evidence against Lessee and all persons claiming under
Lessee of the termination of this lease and any claims and rights of Lessee
in the lands and improvements subject to this lease.
32. REMAL: Lessee or his heirs or assigns, or any successor in
interest thereto, sha-U have the right to renew this agreement for the
additional periods and years stated in Section 1 hereof upon such reasonable
terms and conditions as the Lessor, or any successor in interest thereto,
might impose. Such option to renew must be exercised by Lessee by giving
written notice to Lessor at least six (6) months prior to the termination
date of the lease, or such option is waived by Lessee;
33- WAIVER OF BREACH: The waiver by Lessor of any default or breach of
any term, covenant or condition shall not constitute a waiver of any other
default or breach whether of the same or any other terml covenant or condition,
regardless of Lessor's knowledge of such other defaults or breaches. The sub-
sequent acceptance of monies hereunder by Lessor shall not constitute a waiver
BK 2 1 po C59
of any preceding default or breach of any term, covenant or condition, other
than the failure of Lessee to pay the particular monies so accepted, regardless
of the Lessor's knowledge of such preceding default or breach at the time of
cceptance of such monies, nor shall acceptance of monies after termination
:onstitute a reinstateme'nt, extension, or renewal of the lease or revocation
of any notice or other act by Lessor.
34. NOTICES: All notices herein provided to be given shall be deemed
to have been fully given when made in writing and deposited in the United
States mail with postage prepaid and addressed to the principal office
or headquarters of the State Lands Commission, or to the Lessee as addressed
on Section 1 hereof, as appropriate;
35. CHANGES: This agreement may be terminated or the provisions changed,
altered, or amended by mutual agreement of the parties hereto;
36. TIME - SUCCESSOR'S LIABILITY: Time is the essence of each and all
the terms and provisions of this agreement, and the terms and provisions of
this agreement shall extend to and be binding upon and inure to the benefit
of the heirs, successors and assigns of the respective parties hereto; if
more than one Lessee is named herein, the obligations of said parties herein
contained shall be joint and severall
37. CAPTIONS: The captions of this lease are for convenience only and
are not a part of this lease and do not in any way limit or amplify the terms
and provisions of this lease.
38- . SEVERABILITY: If any provision herein is judicially determined to
be invalid, it shall be considered deleted herefrom, and shall not invalidate
the remaining provisions.
STATE OF CALIFORNIA - STA
COMMISSION
B K 13' 12 1 P o 10 c, 0 �
PERMIT NO. PRC 5310.9
This permit will become binding upon the State only when duly executed �,n
behalf of the State Lands Commission of the State of California;
IN WITNESS WHEREOF, the parties hereto have executed this permit as of the
date hereafter affixed.
THE CITY OF HUNTINGTON BEACH
City Administrator
TO 447 C
(Individual)
STATE OF CALIFORNLI
STATE LANDS COV2,11ISSICN
By JLOJ,� � A L---60L
V "T
Title' 4 '-"il
Date: SEP 2 S
The issuance of this permit was
authorized by the State Lands
Commission on JUNE 30,1977.
STATE OF CALIFORNIA
COUNTY OF Orange SS.
On August 23, 1977 before me
,, thetundersigned, a Notary Public in and for said
State, personally appeared Fl oyd G. Be s i o
I
to be the person _ whose name i S subscribed kri'own to me
to the within instrument and acknowledged that he
executed the same. *@ OFFICIAL SEAL
SHIRLEY M. HOLMAN
WITNESS irf hand and official seal.
NOTARY PUBLIC - CAUK)RNIA
OkANGE COUr4 I-y
M
y Comrnission Expires Nov, 25,1980"
#Signa Z
Shir-?ery M. Holman 2410 Main St, Huntington beach, CA 92648
Name (Typed or Printed)
t1lic Corpo; Agcy. and
Lit. Subd. Acknowledgment)
(This area ter elklal notarial "&I)
—, in the year 19
a Notary Public
personally
known to me to b.
e within instrument.
cuted the within
therein
my hand and affixed
f
.Dve written.
Notary Public, State of California
My Co=ission Expires-
Pige * #13
P ... '.
I
,% BK 13 12 1 P6 106 1
--------------
The City Administrator brought Council's attention to a permit which Council had
requested from the State Lands Commission, for use of a parcel of land within
Huntington Harbour for development as a park site in conjunction with a larger parcel.
He stated that the permit had been approved in July by the State Lands Commission
and must now be executed by Council. I
On motion by Coen, second Wieder, Council authorized the City Administrator to
execute the permit on behalf of the City of Huntington Beach. Motion carried.
Council,Minui-
8/15/77
STATE LANDS COMMISSION PERMIT - APPROVED,
The foregoing instrument is a correct copy
of the o inal on file in this office.
-at ()n 'IF
19
Attes 6-i 19 al-
AUCIA'hi. VIZNTWCRTH
Cluli -r,.j rncr% of the City
Coun il of tie G*['�j cf Hun %tington Beach,Cal-
ept
ORD NO 2215 - ADOPTED - PERS
Bartlett, Council directed the City Clerk to give
a first'reading by title and waived further reading and
g roll call vote:
)en, Siebert, Pattinson
ZR PARKS AND REGULATIONS
HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL
1.36.030 THROUGH 17.36.080 OF CHAPTER 17.36 ENTITLED,
is. #I
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AUTHORIZING AN AMENDMENT TO THE CONTRACT
BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM."
ORD NO 2218 - FIRST READING - WATER RATES - DEFERRED
The City Clerk presented Ordinance No. 2218 for a first reading by title, however,
since only five members of the Council were present, with six votes required, it was
determined by Council to defer consideration of said ordinance to the September 6,
1977 Council meeting.
ORD NO 2213 - ADOPTED AS AMENDED - PARKING OF VEHICLES FOR SALE
The City Clerk presented Ordinance No. 2213 for a first reading by title -
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL
CODE BY ADDING THERETO A NEW SECTION PERTAINING TO THE PARKING OF VEHICLES FOR SALE."
The.City Attorney suggested that a change be made in the Ordinance on Page 1, section
(c), and the words "and the land use technicians" be inserted in place of "and his
designees".
Councilman Siebert stated that he was not in favor of the ordinance and did not feel
that such an ordinance could be successfully enforced.
Discussion was held between Council and staff regarding the proposed ordinance and
the manner in which it would be enforced.
-77
a
Council MinuteA ire BK 13 12 P6*
motion by'Wieder, second Bartlett, the City Clerk gave Ordinance No. 2213 a first
-by title as amended by the City Attorney, and Council waived further reading.
eading
e motion carried by the following vote:
YES: Bartlett, Wieder, Coen, Siebert, Pattinson
0 0
ES: None
S S
ENT: Gibbs, Shenkman
'P PARYS ANALYSIS - PLANNING DEPARTNENT APPOINTMENTS MADE
V"'rXT1-rf%V larAr
he city Clerk presented a transmittal from the Planning Department of the Huntington
each Parks Analysis.
iscussion was held between the City Administrator and Council regarding the appoint-
ent of two members of Council to the sub -committee to carry out extensive review and
comment on the Parks Analysis.
Discussion was held between Council and staff on the matter, and Mayor Pattinson
suggested that Councilwoman Gibbs and Councilman Siebert be appointed to the sub-
committee.
On motion by W . ieder, second Siebert, Council appointed Councilwoman Gibbs and Council-
man Siebert to the ;ub-committee, to carry out extensive review and c ent on the
Parks Analysis. Motion carried unanimously.
ft
TAGE - DEPARTMENT OF PU_BLICWORKS -
The City Clerk presented a communication from the Department of Public Works trans
mitting a model ordinance prohibiting water wastage which had been recommended by
the County for adoption by each city.
On motion by Wieder, second Siebert, Council directed that said ordinance be hpld
in abeyance, pending a month -by -month review of water consumption, as voluntary
conservation of water has averaged 127. for the period May through July, 1977.
Motion carried.
'RES No 4508 - ADOPTED—
PLAN - APPROVED
P
The City Clerk presented a transmittal from the Department of Public Works of a
resolution prohibiting parking on the inland side of PCH at all times, and pro-
hibiting parking on the ocean side during the hours from midnight to 5:00 A.M.
The City Administrator stated that the matter had been discussed on August 15,
1977 with the Chamber of Commerce and the Director of Public Works and were both
in favor of the proposed resolution.
The City Clerk read Resolution No. 4508 by title - "A RESOLUrION OF THE CITY
COUNCIL OF THE CITY OF HUNTINGTON BEACH PROVIDING FOR THE ESTABLISHMENT OF A
RESTRICTED PARKING ZONE PROHIBITING PARKING ON PACIFIC COAST HIGHWAY BETWEEN
BEACH BOULEVARD AND THE SOUrHERLY CITY LIMITS."
on motion by Bartlett, second Pattinson, Resolution No. 4508 was adopted after
waiving further reading, by the following roll call vote:
AYES Bartlett, Wieder, Coen, Siebert, Pattinson
NOES: None
ABSENT: Gibbs, Shenkman
A
z C
cE
111U,
W\ w
I REVISIONS I
Adppp-
SK 13 2 1 po-I 063
REFERt N(-tZ)
-::E X
VYA
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EXHIBIT "D" c9ns0hQt;d,,inc,.
WHEN RECORDED RETURN TO:
8 V /3 0 7 PVSY�
CONFOOED COPY
Not Compared with Original
Harbour -Pacific, Ltd.
3025 Olympic Boulevard
Santa Monica, Calif. 90404
Attn: Lee N. Eckel, Esq.
SPECIAL POWER OF ATTORNEY
R RECORDED AT REQUEST OF
0 RD D AT
FIRST Al"ItER. TITLE INS. Co.
C_
ORAN-�- -R9S OF
RNIA
8;01A1I.APR 6 1979
0
CH C
BRA
LEE EA.R 1'�NC cunty Recorder
MARINA PACIFIC, LTD., a California corporation,
and a general partner of HARBOUR -PACIFIC, LTD., a limited,,
partnership which holds title to certain real property
situated in the City of Huntington Beach, County of Orange,
State of California, more particularly described as:
Tract 9347 as shown on the map thereof
recorded in Book 395, pages 20 through
22, inclusive, in the Office of the County
Recorder of Orange County, California;
and
Tract 8636 as shown on a map thereof
recorded in Book 397, pages 33 through
35, inclusive, in the Office of the County
Recorder of Orange County, California;
and
"SeaBridge Park" - see legal description
on EXHIBIT "A" hereof which is attached
hereto and incorporated herein by reference;
and
"Aquatic Park Commercial Site" - see legal
description on EXHIBIT "B" hereof which is
attached hereto and incorporated herein by
reference.
does by this Instrument hereby appoint Lee N. Eckel,
Frank P. Ferdon, Audrey (Hinrichs) Goldenberg, and
Raymond F. Logan as its attorneys -in -fact to execute,
acknowledge, and deliver, in the name of MARINA PACIFIC,
LTD., any one of them acting alone, such contracts, escrow
instructions, deeds or conveyances, and such other papers
designed to effectuate the sale, lease or transfer of any
or all of the above -described property, or any interest
therein, with such covenants or conditions that may be
deemed appropriate for such transfer; provided, that this
power shall be ineffective unless said documents are also
-Page 1 of 2-
executed by an officer or officers of HUNTINGTON HARBOUR
CORPORATION, a Delaware corporation, the other general
partner of the aforementioned limited partnership.
The power conferred herein shall terminate at such
time as all of the interest of HARBOUR -PACIFIC, LTD. in the
property described above has been conveyed to others, or in
any event, two years after the recordation of this Instru-
ment.
EXECUTED this 29th day of March —1
1979, at San Francisco, California.
MARINA PACIFIC, LTD.
By
Mason G. ROSS, Vice Preg-i-dent
STATE OF CALIFORNIA
) SS.
COUNTY OF SAN FRANCISCO
On March 29, 1979 1 1979, before me, the
undersigned, a Notary Pub!'ic
in and for said State, per-
sonally appeared Mason G. Ross, known to me to be the
Vice President of the'corporation that executed the
within Instrument on behalf of the corporation therein
named, and acknowledged to me that such corporation
executed the within Instrument pursuant to its by-laws
or a resolution of its board of directors.
WITNESS my hand and official seal.
J"
and Fbr Said -:ff-tate
No c
' �,L�C
-Page 2 of 2-
0
City of Huntington Beach
P.O. BOX 190 CALIFORNIA 92GQ
OFFICE OF THE CITY CLERK
April 12, 1979
Huntington Harbour Corp.
3025 Olympic Blvd.
Santa Monica, CA. 90`404
Gentlemen:
Enclosed is an executed copy of an agreement between the City of
Huntington Beach and Harbour Pacific which was approved by the
City Council on April 2, 1979. Attached is a copy of the deed
with has been sent to the recorders office for recording.
Sincerely,
Alicia M. Wentworth
City Clerk
AMW: bt
Enclosure