HomeMy WebLinkAboutHUNTINGTON BEACH COMPANY - CONSTRUCTION OF WATER BOOSTER STATION - RESERVOIR HILL - 1986-12-15 REQUE* FOR CITY COUNCIPACTION
Date December 11, 1986
Submitted to: To Honorable Mayor and City Council
G~�
Submitted by: Charles W. Thompson, City Administrat r 01�r,
Prepared by: Paul E. Cook, Director of Public Works
Subject: AGREEMENT WITH HUNTINGTON BEACH COMPANY PER NG T T E` Gti�
CONSTRUCTION OF A WATER BOOSTER STATION AT TIIORT EST
CORNER OF CLAY AVENUE AND GOLDEN WEST STREET'
Consistent with Council Policy? [X] Yes [ ] New Policy or Exception\
i
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments:
r
STATEMENT OF ISSUE:
The City needs to increase water pressure in the area generally bounded by Golden West,
Garfield, Ellis, Main and Yorktown in order to accommodate existing and future
development.
RECOMMENDATION:
Approve the attached agreement between the City and the Huntington Beach Company
which provides for the Company to donate 0.49 acres of land at the northwest corner of
Clay Avenue and Golden West Street in exchange for the City to construct a water
booster station and to remove the existing City water reservoir on the Company's
property on the southeast corner of Clay and Golden West.
ANALYSIS:
The water pressure in the area generally bounded by Golden West, Garfield, Ellis, Main
and Yorktown is not adequate to provide fire flow to existing and future development in
the area. In order to correct this problem a water booster station at a cost of
approximately $900,000 needs to be constructed to replace the existing reservoir at the
southeast corner of Clay and Golden West. Also, an assessment district needs to be
formed to install new water mains to serve this area.
The attached agreement provides for the Huntington Beach Company to donate a 0.49
acre parcel of land at the northwest corner of Clay and Golden West and to agree to
participate in an assessment district when it is formed. In exchange, the City agrees to
construct the booster station at its cost and to remove the reservoir and its equipment
from the Company's land which it has leased for $1.00 per year to the City for many years.
Staff is currently updating construction plans for the booster station which were prepared
in 1982. Also, staff is finalizing the proposed boundaries for the assessment district and
will request City Council's approval to establish this assessment district in February, 1987.
FUNDING SOURCE:
The City Water fund will finance the cost of the booster station and the removal of the
existing reservoir facilities.
� I
Plo 5/85 (5-
� X
RCA-Agreement with H.B. Co.
Const. of a Water Booster
Station at the northwest corner
Clay and Golden West Street
December 10, 1986
Page 2
The cost of water mains to be constructed through an assessment district will be paid by
the property owners within the district with the exception of certain existing
developments which will be partially paid by the City Water fund.
ALTERNATIVE ACTION:
1. Do not approve this agreement
2. Negotiate a new agreement.
ATTACHMENTS:
1. Agreement
2. Map
C W T:PE C:dw
1138g
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AGREEMENT BETWEEN THE CITY OF HUNTNGTTOON0�--
BEACH AND THE HUNTINGTON BEACH COMPANY
CONCERNING RESERVOIR HILL PROPERTY
This Agreement is entered into this day of December, 1986, at Huntington Beach,
California, by and between the HUNTINGTON BEACH COMPANY hereinafter called
"OWNER," and the CITY OF HUNTINGTON BEACH, a municipal corporation of the state of
California, hereinafter called "CITY."
WITNESSETH
WHEREAS, the parties desire to resolve issues relating to certain water pumping and
distribution facilities and interests at Reservoir Hill,
NOW, THEREFORE, the parties hereto agree as follows:
1. General Provisions:
1.1 Authority:
Each party hereto represents to the other that it has full and complete authority
to enter into this Agreement, and that each party hereto considers this Agreement to be
fair, reasonable and advantageous to each, and this Agreement shall be binding regardless of
the fact that the rights and obligations may be dealt with by successor legislative bodies of
CITY.
2. Specific Provisions:
OWNER and CITY covenant and agree to take the following action with regard
to Reservoir Hill.
2.1 No later than one (1) year from the date hereof, CITY shall quitclaim to
OWNER all of its right, title, and interest in and to OWNER's Reservoir Hill property,
described in Exhibit A, attached hereto and made a part hereof (hereinafter called "the
Property"), except for CITY's interest in that certain lease dated September 15, 1949,
attached hereto as Exhibit C.
2.2 As consideration for the above, OWNER shall simultaneously convey to
CITY, a site containing approximately 0.5 acre located at the northwest corner of
Goldenwest Street and Clay Avenue, as shown on Exhibit B attached hereto and made a part
hereof (hereinafter called "the Site").
2.3 Within two (2) years of the date of this agreement, CITY shall, at its sole
cost, construct or cause to be constructed upon the Site, new facilities, consisting of a
water pumping station, together with necessary appurtenant structures, equipment,
transmission lines, and site improvements (hereinafter collectively called "new facilities").
1
r 2.4 Upon completion of the construction of the new facilities, CITY and
OWNER shall execute a mutual termination agreement, terminating said 1V44 ¢4jt fX 144 4
September 15, 1949 lease. $tt 4¢Voo V44 4 f 4 '6JfV X�
W01 No later than three (3) years from the date of this agreement, CITY shall at its sole
cost, remove the existing reservoir, pipelines, and all existing buildings, structures,
machinery, pumps, plants, fixtures, or other improvements located upon the Property.
3. Processing Fees:
No provision of this Agreement shall be construed to limit the authority of the
CITY to charge processing fees for land use approvals, building permits, and other similar
permits and entitlements which are in force and effect on a city-wide basis at the time
those permits are applied for, except to the extent that any such processing fees w( old be
inconsistent with this Agreement.
4. California Law and Attorneys Fees:
This Agreement shall be construed in accordance with the laws of the State of
California. Should legal action be brought by either party for breach of this Agreement, or
to enforce any covenants and other provisions herein, the prevailing party of such action
shall be entitled to reasonable attorney fees and all costs, including, but not limited to,
court costs.
5. No Joint Venture:
The parties hereby renounce the existence of any form of joint venture or
partnership between them and agree that nothing contained herein, or in any document
executed in connection herewith, shall be construed as making CITY and OWNER joint
venturers or partners.
6. Legal Challenge:
In the event of any legal action instituted by any third party, or other
governmental entity or official, challenging the validity of any of the provisions of this
Agreement, the parties agree to cooperate in defending said action.
7. Best Interest:
CITY has found and determined that execution of this Agreement is in the
best interests of the public health, safety and general welfare, and the provisions of this
Agreement are consistent with existing ordinances of the CITY.
8. Notice:
All notices required by this agreement shall be in writing and delivered in
person or by certified mail, as follows:
Notice to CITY shall be addressed as follows:
City Administrator
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
ti
Notice to OWNER shall be addressed as follows:
Huntington Beach Company
2110 Main Street
Huntington Beach, CA 92648
9. Amendment:
This Agreement may only be amended by mutual written consent of the parties.
10. Duplicate Originals:
This Agreement is executed in duplicate originals, each of which is deemed to be
an original.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers at Huntington Beach, California on the day, month,
and year first above written.
HUNTINGTON BEACH COMPANY CITY OF HUNTINGTON BEACH
Vice President Mayor
Secretary
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney ,
REVIEWED AND APPROVED; INITIATED AND APPROVED:
City Administrator Deputy City Administrator
Redevelopment
3
Recording requested by: City of Huntington Beach This document is solely for the
' Af-tcr, recordang return to: ce of the City Clerk
official business of the City
y of Huntington Beach *f Hu-ztin"ton Beach, as contem-
0
2000 Main Street plated unOOr Covornment Code
Huntington Beach, CA 92648 Sec. 6103 and should be recorded
free of eharge.
AGREEMENT BETWEEN THE CITY OF HUNTINGTON
BEACH AND THE HUNTINGTON BEACH COMPANY EXEMPT
CONCERNING RESERVOIR HILL PROPERTY C16
This Agreement is entered into this _0 day of December, 1986, at Huntington Beach, co
California, by and between the HUNTINGTON BEACH COMPANY hereinafter called -j
0
"OWNER," and the CITY OF HUNTINGTON BEACH P P a municipal corporation of the state of N
California, hereinafter called "CITY." E3
W
WITNESSETH
WHEREAS, the parties desire to resolve issues relating to certain water pumping and
distribution facilities and interests at Reservoir Hill, RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY. CALIFORNIA
NOW, THEREFORE, the parties hereto agree as follows: -12H PM JAN a9 '87
1. General Provisions:
1�i a y3�y,�� COUNTY
1.1 Authority: v"1 v RECORDER
Each party hereto represents to the other that it has full and complete authority
to enter into this Agreement, and that each party hereto considers this Agreement to be
fair, reasonable and advantageous to each, and this Agreement shall be binding regardless of
the fact that the rights and obligations may be dealt with by successor legislative bodies of
CITY.
2. Specific Provisions:
OWNER and CITY covenant and agree to take the following action with regard
to Reservoir Hill.
2.1 No later than one (1) year from the date hereof, CITY shall quitclaim to
OWNER all of its right, title, and interest in and to OWNER's Reservoir Hill property,
described in Exhibit A, attached hereto and made a part hereof (hereinafter called "the
Property"), except for CITY's interest in that certain lease dated September 15, 1949,
attached hereto as Exhibit C.
2.2 As consideration for the above, OWNER shall simultaneously convey to
CITY, a site containing approximately 0.5 acre located at the northwest corner of
Goldenwest Street and Clay Avenue, as shown on Exhibit B attached hereto and made a part
hereof (hereinafter called "the Site").
2.3 Within two (2) years of the date of this agreement, CITY shall, at its sole
cost, construct or cause to be constructed upon the Site, new facilities, consisting of a
water pumping station, together with necessary appurtenant structures, equipment,
transmission lines, and site improvements (hereinafter collectively called "new facilities").
1
67052M3
' 2.4 Upon completion of the construction of the new facilities, CITY and
OWNER shall execute a mutual termination agreement, terminating said September 15, 1949
lease. No later than three (3) years from the date of this agreement, CITY shall at its sole
cost, remove the existing reservoir, pipelines, and all existing buildings, structures,
machinery, pumps, plants, fixtures, or other improvements located upon the Property.
3. Processing Fees:
No provision of this Agreement shall be construed to limit the authority of the
CITY to charge processing fees for land use approvals, building permits, and other similar
permits and entitlements which are in force and effect on a city-wide basis at the time
those permits are applied for, except to the extent that any such processing fees would be
inconsistent with this Agreement.
4. California Law and Attorneys Fees:
This Agreement shall be construed in accordance with the laws of the State of
California. Should legal action be brought by either party for breach of this Agreement, or
to enforce any covenants and other provisions herein, the prevailing party of such action
shall be entitled to reasonable attorney fees and all costs, including, but not limited to,
court costs.
5. No Joint Venture:
The parties hereby renounce the existence of any form of joint venture or
partnership between them and agree that nothing contained herein, or in any document
executed in connection herewith, shall be construed as making CITY and OWNER joint
venturers or partners.
6. Legal Challenge:
In the event of any legal action instituted by any third party, or other
governmental entity or official, challenging the validity of any of the provisions of this
Agreement, the parties agree to cooperate in defending said action.
7. Best Interest:
CITY has found and determined that execution of this Agreement is in the
best interests of the public health, safety and general welfare, and the provisions of this
Agreement are consistent with existing ordinances of the CITY.
8. Notice:
All notices required by this agreement shall be in writing and delivered in
person or by certified mail, as follows:
Notice to CITY shall be addressed as follows:
City Administrator
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
4§T-052Q03
Notice to OWNER shall be addressed as follows:
Huntington Beach Company
2110 Main Street
Huntington Beach, CA 92648
9. Amendment:
This Agreement may only be amended by mutual written consent of the parties.
10. Duplicate Originals:
This Agreement is executed in duplicate originals, each of which is deemed to be
an original.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers at Huntington Beach, California on the day, month,
and year first above written.
HUNTINGTON CH COMPANY ITY TV TO ACH
c resident Ma r
Assistant Secretary
ATTEST: APPROVED AS TO FORM:
0,11 A*
R City Clerk City ttorney
1—/6 -* 7
REVIEW ND APPROVED; 4Deu
AND APPROVE
City Administrator ty Administrator
t Redevelopment
r
3
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On this JA day of Der_'_'Y�e r , 1986, before
me, the undersigned, a Notary Public in and for said State, personally
appeared known to me or proved to me on the basis
of satisfactory evidence to be the Vice 's �t:'`° , and
known to me or proved to me on the basis of
satisfactory evidence to be the of HUNTINGTON
BEACH COMPANY, that executed the within in trument, and personally
known to me to be the persons whose names are subscribed to the within
instrument on behalf of such corporation, and acknowledged to me that such
corporation executed the same pursuant to its by-laws or a resolution of its
Board of Directors.
WITNESS my hand and official seal.
Signature: AW_)L0_Z1(X.
OFFICIAL SEAL
THERESA KILLEEN
Notary Pibic-California
OR^ GE COUNTY
My Cc n Exp. Jan. zs, 1990 Theresa Killeen
2110 Main 5t., Noritingtori Bean, U.92648
Name (typed or printed)
(This area reserved
for official seal) My commission expires: 1/26/90
877052003
EXHIBIT A
LEGAL DESCRIPTION OF RESERVOIR HILL PROPERTY
Those portions of the northwest 1/4 of Section 2, and the northeast 1/4 of Section 3, both
sections being in Township 6 South, Range 11 West, San Bernardino Base and Meridian,
described as a whole as follows:
Beginning at a point of compound curve, which point is north 81 degrees 56' 8" west a
distance of three hundred (300) feet from the northwesterly corner of Smeltzer Avenue and
Clay Street (now known as Summit Avenue) as said streets are shown on a map of Garfield
Street addition to Huntington Beach, recorded in Book 7, Pages 27 and 28 of Miscellaneous
Maps, Records of Orange County, California, thence in a westerly direction from said point
of beginning, 445.058 feet along the arc of a circle of radius of 510 feet; the center of which
circle bears south 31 degrees 28' west from the point of beginning, to, a point of compound
curve; thence southerly along the arc of a circle of 135.362 feet radius, a distance of 240.03
feet to a point of compound curve; thence southeasterly along the arc of a circle of 613.156
feet radius, through a distance of 222.950 feet to a point of compound curve; thence
easterly along the arc of a circle of 305.543 feet radius, through a distance of 470.41 feet to
a point of compound curve; thence northeasterly along the arc of a circle of 149.52 feet
radius, through a distance of 86.74 feet to a point of compound curve; thence northwesterly
along the arc of a circle of 205 feet radius, through a distance of 226.79 feet to the point of
beginning, containg 5.17 acres, more or less.
Excepting therefrom that portion lying westerly of a line which is parallel to and 60 feet
measured at right angles, westerly of the easterly line of Section 3, Township 6 South, Range
11 West, San Bernardino Base and Meridian.
7-052003
SECTIONAL DISTRICT MAP
CITY OF
HUNTINGTON BEACH
ORANGE COUNTY, CALIFORNIA
USE OF PROPERTY MAP
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3" MANSION
STATE OF CALIFORNIA )
4 COUNTY OF ORANGE � s s
77
On this
p�/ '� day of 7yt*A0W4A41 Lgo / , before me,
a Notary Public and or said County and State, personally appeared
It 9-ed%i , known to me to be the Mayor
and (, it IM. Wjoo+*J6 , known to me to be the City Clerk
of the City of Huntington Beach, the municipal corporation that executed
the within instrument, known to me to be the persons who executed the
within instrument on behalf of said municipal corporation and acknowledged
to me that such municipal corporation executed the same.
OFFICIAL SEAL �
CONN I E A BROCKWAY
a NOTARY PUBLIC-CALIFORNIA
ORANGE COUNTY
"" My comm. expires OCT 10, 19s9
I I A A Z
This INDENTURE OF LEASE, dated this 15th day of September, 1949, between
HUNTINGTON BEACH COMPANY, a California corporation (hereinafter called "Lessor")
with an office and place of business at 1210 Main Street, Huntington Beach, California#
Lessor, and SOUTHERN CALIFORNIA HATER COMPANY, a California corporation (hereinafter
called "Losses") with its principal executive offices located at 950 Bendix Building#
1206 South Maple Avenue, Los Angeles 15, California,
t
That for and in consideration of the payment of the rents hereinafter pro-
vided and of the performance of the covenants, conditions and agreements hereinafter
contained, Lessor does hereby lease and demise unto Lessee and Lessee does hereby
rent and hire from Lessor that certain unimproved parcel of land situated in the
County of Orange, State of California, described as follows:
That part of the parcel of land in said County of Orange,
conveyed by deed recorded August 29, 1917, in Book 303, Page 229, of
Deeds, records of said County, and designated therein as parcel No. 1#
described as follows:
Beginning at a point of compound curvature in said parcel, said point
being common to the curves of radius 613.156 feet and 305.543 feet#
respectively, thence Easterly along the curve of radius 305.543 feet#
76.00 feet to the true point of beginning, thence N, 170 281 090 S.
70.00 feet, thence S. 720 311 51" E. 77.79 feet, thence S. 170 281 09"
W. 70.00 feet to a point in said curve of radius 305.543 feet, thence
Westerly along said curve 78 feet more or less to said true point of
beginning.
TO HAVE AND TO HDID said demised premises unto the Lessee, its successors
and assigns, for the term and upon the conditions, covenants and agreements hereilm-
after set forth.
1. IM. The term of this lease shall be for a period beginning on the
date hereof and continuing for 15 years and thereafter from year to year until said
term and this lease shall be terminated by written notice from either the Lessor or
the Lessee to the other thereof given at least one year prior to the date of such
germination to be specified in su�h notice.
2. AM. As rent for said demised premises Lessee shall pay to Lessor
the sum of teen dollars ($10) per year. Such rent for each yearly rental period shall
be payable in advanoe on or before the first day of the yearly rental period with
respect to which such rent is so payable.
3. USE Og P_ISES. Said demised premises shall be used exclusively as
a site for a booster plant in connection with the operation of a public utility water
business. Lessee shall cause all laws, ordinances and other requirements of any
governmental authority applicable to the use or condition of said demised premises
to be fully met and complied with without cost to Lessor. !
Q. IMPRQVEMENT3. Lessee accepts said demised premises in their present
condition and Lessor shall be under no obligation to make any improvement thereof or
otherwise to put said demised premises in condition suitable to or required for any
use to be made thereof by the Lessee. The Lessee, at its option, may at any time or
from time to time during the term of this lease make, install, alter or change the
location of any buildings, structures, machinery, pumps, plants or fixtures or other
improvements or equipment of any kind or character upon said demised promises for
,tajq ".hereon in the operation of the public utility water business; provided, however,
nat such improvements do not interfere with existing facilities located on said
derived premises. The cost of making, installing, altering or changing the location
of any such buildings, structures, machinery, pumps, plants, fixtures or other isi-
provame&- - - -_�quipment shall be borne by Lessee and Lessee shall hold Lessor hare*-
le— __j and against all liability based upon or arising out of any such oust.
_4e shall promptly discharge or cause to be discharged any and all mechanics: liens
or similp-r charges which may arias or be claimed on account of any such costs.
In the event of termina'Eion of this lease, the Lessee shall promptly
comm5nce the removal of all buildings, structures, machinery, pumps, plants, fixtures,
and other improvements or equipment installed by Lessee Upon said demised premises
and shall diligently continue the work of such removal until it is completed. The
Lessee shall restore said demised premises to as near their original condition as
is reasonably practicable and shall leave said demised premises in a neat, clean and
orderly condition. If the Lessee fails to remove such facilities or any thereof or
fails to restore said demised premises within sixty days after termination of this
lease, then the Lessor may elect to take title to such facilities or any thereof
2 --
without payment by or cost to the Lessor, or may cause ouch facilities or any
thereof to be removed and disposed of and said demised premises to be restored, all
at the expense of the Lessee. The Lessee shall pay to the Lessor upon demand the
entire expense of such removal, disposition and restoration and the Lessor shall not
be or be held liable or in any way responsible for any expense, loss or damage to
the Lessee resulting from such removal, disposition or restoration.
5. 1=. So long as any of the aforesaid buildings, structures, m achinery,
e
pumps, plants, fixtures and other improvements or equipment shall remain the property
of the Lessee, all taxes and assessments levied thereon shall be paid before delim—
quency by the Lessee. Lessor shall pay before delinquency all tames levied and
assessed upon the above described land hereby leased to Lessee,
6, ORY`ICE CHARGES. Lessee shall pay for all charges for telephones
electricity, water or other public utility services rendered at its request to the
demised premises by any third party and shall hold the Lessor harmless from and
against all such charges,
-', �. If Lessee shall fail to pay rent as herein provided when
the same — es due and payable or shall fail to observe or perform any other
covenant, r—'Ajtiony or obligation of this lease on its part to be observed or
performos' An in any such event Lessor shall have the right to enter into possession
of the C A- " prmises and to remove all persons and property therefrom ands at
the or ' �f Lar�or, to terminate this lease. The foregoing enumeration of rights
les of Lessor shall not be exclusive, but in addition thereto Lessor may
,se any and all other rights and remedies to which it is legally entitled by
season of any failure or default hereunder on the part of Lessee. All such rights
aad reredios of Lessor shall be cumulative and the exercise of one thereof by Lessor
shall not impair its right to any other thereof. The waiver by Lessor of any breach
mf any term, condition, covenant or provision of this lease shall not be deemed to
be or constitute a waiver of any other breach thereof.
8. IGMgNT. The Lessee shall not sell or otherwise dispose of any
building or other structure now or hereafter located upon the demised premises or
sell or assign this lease, or any part thereof, or interest therein, or sublet or
.a 3 ..
•
underlet the demised premises in whole or in part, or become associated with any
other person, directly or indirectly, as partner or otherwise, in regard to Lessests
interest in, to or under this lease, or permit anyone to occupy said premises or
W part thereof in place and stead of Lessee; or occupy the said premises or any
part thereof as trustee of an express or implied-trust for any person whomsoever,
without the written consent of tree Lessor; no written consent by tie Lessor hereunder
shall be deemed a waiver by the Lessor of any of the provisions herepf, axc _pt to
the extent of such consent. And any assignment of this lease or any interest°
therein or by operation of law, by any process or proceeding of any court, or by
attachment, execution, proceedings in insolvency or bankruptcy, whether voluntary
or involuntary, or receivership or reorganization or composition proceedings, owl
constitute a breach of the covenant against the assignment of Lessee's rights here-
under.
9. CITY• The Lessee agrees to hold the Lessor and its present and
future subsidiaries harmless from and to indemnify them against any and all damage
to or loss of property, or injury to or death of persons, that directly or indirectly
may be caused by or arise or result from Lesssers occupancy or use of said premises,
or the enjoyment of any of the rights herein, or the breach by lessee of any of
lessee's obligations hereunder, irrespective of any negligence of Lessor. The Lessee
also agrees to hold the Lessor and its present and future subsidiaries harmless
f-o% and to indemnify them against any claim for damage to or loss of any buildingat
tractures, improvements or other property of the Leases in, on, and about the said
isec premises, or injury to or death of any person on said premises on behalf of or
:,t the invitation of the Leasee, whether such claim arise out of the negligence of
the Zessor or its present or future subsidiaries, or otherwise.
10. NOTICES. Any notice with respect to any natter covered by this lease
shall for all purposes be deemed to have been properly and sufficiently given if
dent by mar, Adressed, in the case of a notice to Lessee, to it at its address
hersinebove given, or, in the case of a notice to Lessor, to it at Box 110,
Sur.,tington Beach, California. Either party may at any time give notice to the
- 4 •
other party of a change in the address to which notices thereafter shall be sent
to the party giving notice of such change.
This lease is made subject and subordinate to all the terms, covenants,
and conditions of that certain oil and gas lease between Huntington Beach Companyp
as Lessor, and Amalgamated Oil Company, as Lessee, dated October 12, 1920.
IN WI'IMSS 1RIiEREOF. the parties hereto gave executed this lease they day
and year first above given.
HUNTINGTON BEACH COMPANY
By, 4
Pre ident
n Secretary
(LESSOR)
SOUTHERN CALIFORNIA WATER COMPANY
B ---
President
i
By
,Secretary
yy (LESSEE)
i
a
other party of a change in the address to which notices thereafter shall be sent
to the party giving notice of such change.
This lease is made subject and subordinate to all the terms, covenants,
and conditions of that certain oil and gas lease between Huntington Beach Company,
as Lessor, and Amalgamated Oil Company, as Lessee, dated October 12, 1920.
S
IN WITNESS WHEREOF, the parties hereto have executed this lease the day
and year first above given.
#tate of Talifort is
City and County of San Francisco }
On this......................................Z7 y Of G� i.rf-vZl ---------------------..-...., in the year of our Lord One Thousand
Nine Hundred and Forty..TL3C...................................before nie, CHALMER MUNDAY, a Notary Public in and
for said City and County and State, residing therein, duly commissioned and sworn, personally appeared....................................
F. S. DUANT and H. L. SSFVFRANrE known to me to be the
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President and Asslsta it Se rotary respective t q{
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_.... = =:...-.:,. = '_:_......t ate- . -•..................the Corporation described in and
that executed the within instrument, and also known to me to be the persons:. who executed
it on behalf of the said Corporation therein named, and.....--....Ghe_y_..-.......acknowledged to
me that such Corporation executed the same.................................................................................
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Official Seal, at my office in the City and County and State aforesaid the day and
year in this certificate above written.
0 '
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Notary Public in and for said City and County of San Francisco, ate of California
.avua v voaj
STATE OF CALIFORNIA fss.
COUNTY OF LOS ANGELES
0n>tlris.- '� y / ---------------------------------------in the year 19! �r.,A. D.,before me,
---- --... ...da of . ...:........
L/ s e., ---_... ..4-. ............ ....a Notary Public in and for said County, residing therein, duly commissioned and
sworn, personally app� aTed----,•---'•--........................f/....................................................................
.............. �..0 .:..... `:..-'."' ''.`."1............................known to me to be the
President, and.................�..C:........: .................known to me to be the
.........-.......................I..................................Secretary of the Corporation that executed the
within instrument, known to me to be the persons who executed thewithin instru-
ment on behalf of the Corporation within named,and acknowledged to me that such
Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal in said County,the day and year in this certificate first above written.
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---------- •G....... ..... i. .i.;s................. r..
c Notary Public in and for th u - o Loa Angeles, State of lifornla
My Commission Expires Frb. 17,1953
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TIDE WATER ASSOCIATED OIL COJJPANY, successor in interest
of Amalgamated Oil Company, Lessee named in that certain oil and gas
lease dated October 12, 19201, between Huntington Beach Company and said
Amalgamated Oil Company, covering, among other lands, the lands described
in the foregoing booster plant lease dated the 15th day of September, 1949,
does hereby consent to the making of said booster plant lease with the
understanding that said booster plant lease shall be subject to the
terms, covenants and conditions of said oil and gas lease dated
October 12, 19209 and further, subject to the proviso that all of the
covenants, terms and conditions in said booster plant lease dated the
15th day of September, 1949, contained, except the right of Huntington
Beach Company to receive the rental as provided for in said booster plant
lease, shall inure to the benefit of said Tide hater Associated Oil
Company, as well as to the benefit of Huntington Beach Company.
Southern California Water Company, the Lessee named in said
booster plant lease dated the 15th day of September, 1949, hereby
accepts said consent subject to the above condition and provisions and
agrees to be bound by and perform the same.
DATED this -' ` day of - C? _ 19490
TIDE WATER ASSOCIATED OIL COMPANY SOUTHERN CALIFORNIA WATER COMPANY
By.� By
'�OJ.
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