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HomeMy WebLinkAboutFile 1 of 2 - Variety of contracts with HUNTINGTON BEACH Com 2110 P1AIN SWIIdEET-VIEZONE ] ERINOW"N D-6SSI. HHUNW]INC41MON ]WIFIAcCIM, CA11.1[]F(CDM 1A �® July 13, 1965 &ppR0VED BY CITY COUNCIL 19 City of Huntington Beach --- City Hall ~ Huntington Beach, California ,----- -•-- •'J=• Gl fY CLERK Attention: Mr.. Doyle Miller, City Administrator Gentlemen: Please refer to letter dated June 8, 1964, relating to the City's maintaining certain structures on the beach area until June 30, 1965 . The provisions of said letter are extended beyond said date of June 30, 1965, subject to the right of Huntington ;Pacific Corporation to terminate said arrangement entirely at any time and partially at any time, and from time to time, .on thirty (30) days notice to, the City. HUNTINGTON PACIFIC CORPORATION ` By Vice P ident ACCEPTED: CITY OF HUNTIRGTOR B CH , I i - r 4 i July 23, 1965 Huntington Pacific Corporation 2110 main Street Huntington Beach, California e t lemen: - �"'e City Council of the City of Huntington Beach, at their regular meeting held July 19, 1965 approved the letter agreement with your company. Enclosed please find a copy for your files . Sincerely yours, Paul C. Jones City Clerk PCJ:sg Enc: 1 i OQ PY - t 2fl1® mAYN smamigT-Pn®NE bEXHNerroN c_o5sP ffiUJl®T7PIIRTQD�®ITT ]�IEA�7ffi9 �=�ILH7E�®Hgl\THt� June 8, 1964 C17Y City of Huntington Beach CLERNa City Hall Copy Huntington Beach, California Attention: Mr. Doyle Miller, City Administrator Gentlemen: With reference to that certain lease dated July 1, 1956 and terminating June 30, 1963 between the City and the Huntington Beach Company concerning the beach area between Main Street and 12th Street, we have previously agreed that the lease will not be extended beyond the termination date. Under the terms of the lease the City has constructed certain buildings to house concession and restroom facilities- and also under the terms of the lease, it is the obligation of the City to remove these structures upon termination. Without in any way forgiving or waiving the obligation of the City to eventually remove the structures above referred to, Huntington Beach Company, and its successor in interest to these properties the Huntington Pacific Corporation, do agree that the. City may continue to maintain these structures in their present location for one additional year or until June 30, 1965, providing the City assumes the responsibility of their -maintenance upkeep and repair, and observes all the terms and conditions of said lease and the Huntington' Beach Company consent to the concession agreement dated March 30, 1951, as these two instruments relate to -said structures. HUNTINGTON BEACH COMP Vic -President HUNTIj JFMION B �. Vice President ACCE ED: CITY- OF HUNTINGTON BEACH MAYOR PRo TEh4- ' �? V =RIO MAIN EVTII8IEIF.r-IPM1CDNIE 1W9XIIN(GR'®N 0-05191• I[HU 71rI[4G7P®RT 130ACCIR, (CA3LffR®IRN1IA March 25, 1963 City of Huntington Beach City Hall Huntington Beach, California Attention: Mr. Doyle Miller, City Administrator Gentlemen: With reference to that certain lease dated July 1, 1956 and terminating June 30, 1963 between the City and the Huntington Beach Company concerning the beach -area between Main Street and 12th Street, we have previously agreed that the lease will not be extended beyond the termination date. Under the terms of the lease the City has constructed certain r— buildings to house concession and, restroom facilities and also under the terms of'the -lease, it is the obligation of the City to remove these structures upon termination. Without in any way forgiving or waiving the obligation of the City to eventually remove ,the structures above- referred-to, Huntington Beach Company, and its successor in interest to these properties the Huntington Pacific Corporation, do agree that the ,City may continue to maintain these structures in their present location for one additional year or:-until June 30, 1964, providing the City assumes the responsibility of their. maintenance upkeep and repair, and observes all the,tdrms and conditions of said lease and the Huntington.,Beach Company consent to the concession agreement dated March 30, 1951, as these two instruments relate to said structures. HUNTINGTON BEACH CO ANY i� Vice esi ent HUNT 0 PA IC RPO ON By Vi e President,. ACCEP D: ATTEST: CITY OF HUNTINGTO14 BEACH City C Aif If<.�Y OMMUMIlt, 4 "ItSmalA towrati } lum'*U*tu taft"ed to as s "Omit, uUm" sm, -:ftow to tho owww of Omuta booth pr sitwted on ...loppaly vat o Ud l$ *W officlant ltfogwrd sorvtce;, alA to 14 s. tad to 0014401* all f **-A& A welb s o wi b• faloolos ftwxtbod arts ow a * jetm tbo ftaif e *f tbo 4olss ode# $tau fork) the oity o dk* ftft" OM sholl provIft mplo f oiast twfttw000 sarvicos ' p* to the Muff.* !, tmi" Kola ftv"t ft4 It $4, tba City I"� of lttorrwa� 2. CITY agrees to provide full said complete maintenance and lifeguard service within the above described area for one year beginning July 1, 1964 and ending-Juxis 30, 1965 at the equivalent standard as maintained on the qmnicipal beach adjoining the above described area to the east: 3. In consideration of those services, COMANY will pay t10 the CITY the following amounts In advance at tho. beginning of each quart-or below designated. LIWARD SERVICES July 1, 4964 to September 30a 19641 $10,144-00 October 10 1964 to December 31, 1964: 10,,144.00 Janizary 1, 1965 to march 31, 1965: 3,205.00 April 1, 1965 to June 30, 1965; 5,21,205.Ceti Total July 1,, 1964 to Septtmbei 30, 1964: 5094.04 Octob r 1, 1964 to December 31,, 1964,- 0 January 1, 1965 to Mtth 31, 1965: 1,408.36 April 1, 1965 to June 3 0, 1965: Total $11,853.75 CQVANY or CITY mays 90 days in advance of any quarterly period set out above, by written notice to the other, caacel dither the lif-eguard, service or the beach maintenance service or both for that particular qudrtor anVor any suboaquent quarter, or for the remainder of the tarm of'this Agreement it either party so elects. 4. COVANY hereby designates W. J- F- $trachan as its liaison Off iter for purposes of administration of this Agreement. CITY heray designates the Chief Lifeguard of the City an its Liaison Officer. S. It is e-k-pressly understood and agreed that the services agreed to be furnished bar the CITY shall be under, the sole and exclusive direction of the CITYO subject hw-iever to the right of 8MIANY to 'approve the standards of service as provided in Parograph I of this Agreement, by a drAlLy ,ottariv*4tcov, hoo ems.Ais Aposwot to bra "a to by " ., , oW ottestO4 b7 #0 OUWk# 'is" *tom tb6ix MAC. P*6 TEm M"AV III i mom I i - tom` AGREEMENT THIS AGREEMENT, made and entered into by and between the HUNTINGTON PACIFIC CORPORATION, a California corporation, herein- after referred to as "COMPANY" and the CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter referred to as "CITY", W I T N E S S E T H: WHE$EALS, COMPANY is the owner of certain beach property slU ated an the aoastliq* of the CITY= and WHEREAS, COMPANY plans to develop said property into pub- lic and private recreational areas, where many and various per- sons will eme for relaxation and surf swimming; and WHE W9 it is the desire of both CITY and COMPANY that all of said property be properly maintained and patrolled by ®n ample and efficient lifeguard servioag and WHEREAS, CITY has an existing beach maintenance and life- guard staff and is ilL a position to 'maintain and patrol all of said area in a muesh more efficient and economical manner than: to have two separate maintenance and lifeguard services. NOW THEREFORE, it is agreed between said COMPANY add CITY, as follows: 1. (a) The CITY shall provide ample and sufficient life- guard services within the following described area: The beach strip, from the Pacific Ocean to ti the bluff, lying between Main Street and the westerly city limits (also the easter- ly, limits of the Bolsa Chica State Park) In the City of Huntington Beach, Orange County, State of California. (b) The CITY shall- provide ample and sufflolemt main- tgnance servioes within the following described area: 1. The beach strip, from the Pacific Ocean to the bluff, lying between Main Street and 12th Street in the City of Huntington Beach, Orange County, State of California. 2. CTTY agrees to provide full And complete mainten- ance and lifeguard service within the above described area for one year be$;lnning July 1 , 1961 And ending June 10, 1964 at the equivalent standard as maintained on the municipal beach adjoining the above described area to the eAst. 3. In consideration of these services, COMPANY will pay to the CITY the following amounts in advance at the beginn- ing of each quarter below designated: LIFEGUARD SERVICES July 1, 1963 to September 30, 1963: $lo,144.00 October 1, 196 to December 31,1963: 10,144.00 January 1, 196Z to March 31 , 1964: 59205. 00 April 1, 1964 to June 10, 1964: 205..0000 Total iO,-6-() .00 BEACH MAINTENANCE July 1 , 1Q63 to September 30, 1963: 3,680.4q, October 1, 196 to December 31, 19u3: 1, 226.R3 January 1, 19N to March 31, 1964: 19226.83 April 1, 1964 to June 30, 1964: _ 0 Total $ 9, 1 5 COMPANY or CITY may, 90 days in advance of any ouarterly period set out above, by written notice to the other, cancel either the lifeguard service or the beach maintenance service or I both for that particular quarter and/or any subsequent quarter or for the remainder of the term of this Agreement if either party so Olects. 4. COMPANY hereby designates Mr. J. F. Strachan as its Laison Officer for purposes of administration of this Agreement. CITY hereby designates the Chief Lifeguard of the City as its Laison Officer. 2. i '•TVA'- 1:Sa'^$,j•;,,�p"!..- • ..'..''f - e ' .A. .T, .. � .e :1^ p •u , p:♦ g• It to understood and agreed that the s serViaeal Agreed to be furnished by the CITY shell be under the "Jd.,.end fcolusive. direction of the CITY, subject however to iiilot of COMPANY to approve the standards of service as pre- :, F vlftd' in Paragraph 2 of this Agreement. - IN WITNESS WHEREOF, COMPANY has caused this Agreement to. be eseeuted by a duly authorized officer, and CITY has caused thto Agreement to be executed by its Mayor, and attested by its Cl k, ..oa' thw4ste► set forth opposite their respective signatures. CITY OF HUNTINOTON BEACH, a munioipal corporati mayor' ANI HUNFINGTON FACtTXC CORPORATTON a Califo is rporat -Ww aim ay "oo/ atak >: jvt 'i4PWi�•p 4 , ^ ;, THIS AGREEMENT, dated the llth day of June, 1962, between HUNTINGTON BEACH COMPANY, .e corporation, and PACIFIC ELECTELIC RAILWAY C%RANY, a corporation, Lessor; and CITY OF llUNTINGTON BEACH, Lessee, W I T N E 8 S E T H: THAT, WHEREAS, by lease dated the lst day of July, 1956, Lessor- leased unto Lessee, that certain parcel of land situate in the City of Huntington Beach, described in said lease:, N o w, T h e r e f o re, the parties hereto agree that Paragraph 2 is hereby mortified to, read as follows: "This lease shell continue in farce and effect for a period of seven years from the date hereof unless terminated sooner by either party giving to the other thirty (30) days' x-rritten notice of its desire. to effect such termination." And, Paragraph 7 is hereby modified to read as fellows: "Lessee further covenants and agrees to pay promptly all takes or assessments levied ©r assessed by or under the authority of any governmental agency upon any improvements owned, or that may hereafter be constructed on said land, by or for Lessee,.and should the said taxes. or assessments so levied or assessed not be. paid by Lessee when due, Lessor may at its option pay the same, together with all penalties or costs that may have accrued thereon, and Lessee hereby covenants and agrees to repay to Lesser-, upon demand, the amount of sAid; taxes and penalties and .costs so paid by ,Lessor, together with interest thereon at the rate of seven per cent, (7%) per an acui from the date of such payment until paid by Lessee." f i The lands described in the foregoing lease, together with other lands, being subject to that certain'oil and gas lease dated August 31, 1926, between Huntington Beach Company, Pacific Electric Railway Company, and Standard Oil Company of California, the undersigned, SZhffiARD OIL COMPANY OF CALIFORNXA., a agreement corporation's hereby consents to the foregoing between Huntington Beach Company, a corporation, Pacific Electric Railway Company, a corporations and the City of Huntington Beach, a Municipal corporation; provided, however, that neither this consent nor any of the provisions of said lease or anything therein contained, shall in any way be deemed as a waiver by the undersigned, of whatever right, title, or.interest the undersigned has, in anCto the property or any part thereof in said lease, nor shall. this consent in any manner whatsoever be used as evidence or a basis for the construction in any manner whatsoever of the righto title,' or interest' of the undersigned in and to said property or any part thereof, it being understood that consent is given solely upon the conditions hereinabove set forith. and that exceptfor such condition it would not be given:, DATED this 9th day of August 1962. STANDARD,OIL C%IPANY OF CALIFORMA Contract Agent Z_ All terms and conditions of said lease as herein modified shall remain in full farce and effect.' IN WITNESS WH'EEREOF,' the Parties hereto have: executed this agreement. LESSOR: LESSEE: HUNTINr.T0N BEACH CMANfY CITY OF HUNTINGTON BEACH By Vice President Mayor rly, .� . y Clerk ssistaut Secretary PACIFIC ELECTRIC RAILWAY C(MANY By vice President & General Vanager ASS.istant Secretary ' -2- I THIS AGREEMENT, dated the 28th day of June, 1961, between HUNTINGTON BEACH COMPANY, a corporation, and PACIFIC ELECTRIC RAILWAY COMPANY, a corpora- tion, Lessor; and CITY OF HUNTINGTON BEACH, Lessee, W I T N E S S E T H: THAT., WBERKAS,, by lease dated the 1st day of July, 1956, Lessor leased unto Lessee, that certain parcel of land situate in the City of Huntington Beach, described in said lease: N o w, T h e r e f o r e, the parties hereto agree that Paragraph 2 is hereby modified to read as follows: "This lease shall continue in force and effect for -a period of six years from the date hereof unless terminated sooner by either party giving to the other thirty (30) days` written notice of its desire to effect such termination." And, Paragraph 7 is hereby modified to read as follows: "Lessee further covenants and agrees to pay promptly all taxes or assessments levied or assessed by or under the authority of any governmental agency upon any improvements owned, or that may hereafter be constructed, on said land, by or for Lessee, and should the said taxes or assessments so levied or assessed not be paid by Lessee when due, Lessor may at its option pay the same, together with all penalties or costs that may have accrued thereon, and Lessee hereby covenants and agrees to repay to Lessor, upon demand, the amount of said taxes and penalties and costs so paid by Lessor, together with interest thereon at the rate of seven per cent (7%) per annum from the date of such payment until paid by Lessee." All terms and conditions of said lease as herein modified shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this agreement. LESSOR: LESSEE: HUNTINGTON BEACH COMPANY CITY .OF HUNTINGTON BEACH r By By resident Mayor By JAssistant Secretary Ci Clerk PACIFIC ELECTRIC RAILWAY COMPANY By Vice President & Cene r al Manager �By ASSISTANT SECRETARY STATE OF CALIFORNIA, SS. County of Los Angeles ON December 21st, 19 6_ before me, the undersigned,a Notary Public in and for said County and State, personally appeared_ known to me to be the Vice press, and Gen. Mgr. , and A. M. COLE , known to me to be the Ass t. Secretary of RAGIFTO ELECTRIC RAILWAY COMPANY the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument,on behalf of the Corporation herein named,and acknowledged to me that such Corporation executed the within Instrument pursuant to by-laws or a resolution of its board of directors. WrrNEss my hand and official seal. EJ0t-Lo NAME (TYPED OR PRINTED) Notary Public in and for said County and State. ACKNOWLEDGMENT—CORP.,—PRFS. & SEC.,—FORM 223—Rev. 7-58 My-Commission Expires February 27, 1962 75293 2 The lands described in the lease referred to in the foregoing agree- ment dated June 28, 1961) together with other lands, being subject to that certain oil and gas lease dated August 31, 1926, between Huntington Beach Com- pany, Pacific Electric Railway Company, and Standard Oil Company of California, the undersigned, STANDARD OIL COMPANY OF CALIFORNIA, a corporation, hereby consents to the foregoing agreement between Huntington Beach Company, a cor- poration, Pacific Electric Railway Company, a corporation, and the City of Huntington Beach, a Municipal corporation; provided, however, that neither this consent nor any of the provisions of said lease or anything therein con- twined, shall in any way be deemed as a waiver by the undersigned, of what- ever right, title, or interest the undersigned has, in and to the property or any part thereof in said lease, nor shall this consent in any manner what- soever be used as evidence or a basis for the construction in any manner what- soever of the right, title, or interest of the undersigned in and to said property or any part thereof, it being understood that consent is given solely upon the conditions hereinabove set forth and that except for such condition it would not be given. DATED this ' day of % 9w , 1962. STANDARD OIL COMPANY OF CALIFORNIA WOREWs • By ' , Cont Agent By 621 Assistant Secretary THIS AGREEIVENT dated the -,mod- day of 195f6, between the HUNTINGTON BEACH COMPANY, a rporat on, and the PACIFIC ELECTRIC RAILWAY COMPANY,, a, corporation, successor by merger to Pacific Electric Land "Company, herein- after called "Lessor", and the CITY OF HUNTINGT.ON BEACH! i hereinafter called "Lesseet', W,,I T N E S S -E T H: 1. For and in consideration of the performance by Lessee of the covenants and agreements hereinafter contained, Lessor does hereby lease, let, and demise unto Lessee the sur- face of that certain parcel of land situate in the City of Huntington Beach., County of Orange, . State of California, des- cribed as follows: An irregular parcel of .land situated Southwesterly of Ocean Avenue between Main Street and Twelfth Street and more particularly described as follows: Beginning at a point, said point being' the intersec- tion of ' the Northwesterly property line of Main Street with. the Southwesterly property line of Ocean Avenue; thence Southwesterly along the Southwesterly prolongation .of the said Northwesterly property line of Main Street on a course of South 410201 West 211. 5 feet to a point; said point being the true point of beginning of this description. Thence Northwesterly on a line which has.,a course of North 450001 West 320.6 feet to a point; ''thence North- westerly on- a line which has a course -of North 48040t West 189.7 feet to a point; thence Northeasterly on a line which has a course of North 7000' East .61.1 feet to a point; thence Northwesterly on a line which has a course of North 44023' West 111.4 feet to a point- thence Northwesterly , on a line which has a course of North 48°59' West 232.1 feet to a point; thence Northwesterly on a line which has a course of North 51049' West 108.9 feet to a point; thence Northwesterly on a line which has a course of North 48031' West 222.0 feet to a point; thence Northwesterly on, a line which has a course of North 35038t West 115.4 feet to a point; thence Northwesterly on a line which has a course of North 45020' West 231.3 feet to a point; thence North- westerly -on a line which has a course of North 47017' -1- West 223.7 feet to a point; thence Northwesterly on a line which has a course of North 480+01 West 725.0 feet to a point, said point being on the Southwesterly prolongation of the Southeasterly property line of Twelfth Street and being 116.0 feet Southwesterly, along said prolongation from the point of intersection of the Southwesterly prolongation of the Southeasterly property line of Twelfth Street with the Southwesterly property line of Ocean .venue; thence Southwesterly along said prolongation of the Southeasterly property line of Twelfth Street on a course of South 410201 West to the line of ordinary high tide; thence South- easterly along said line of ordinary high tide to a point, said point being the intersection of said line of ordinary high tide with the Southwesterly prolongation of the Northwesterly property line of Main Street; thence Northeasterly along said prolongation of Main Street on a course of North 410201 East to the true point of beginning, hereinafter referred to as "said land", upon the terms and condi- tions and subject to the restrictions and reservations hereinafter set forth. 2. This lease shall continue in force and effect for a period of five years from the date hereof unless terminated sooner by either party giving to the other thirty (30) days' written notice of its desire to effect such termination. Lessee agrees that it will within thirty (30) days after any termination of this agreement, surrender and deliver to Lessor the quiet and peaceful possession of said land and shall remove all of its facilities, equipment, and personal property therefrom and shall restore the surface of said land to as good a condition as it was in at the time Lessee first entered upon this property. Upon any termination of this lease, Lessee shall deliver to Lessor a quitclaim deed to said land, which deed shall be in form satisfactory to Lessor. 3. Lessee covenants and agrees that said land shall be used solely for public recreation purposes and that no con- cession, commercial enterprise or other building or structure of any nature whatsoever shall be erected, maintained or operated, or shall be permitted to be erected, maintained, or operated upon said land by any person whatsoever except those structures and -2- ;`� buildings presently located thereon. Nothing herein contained shall be construed to prohibit the Lessee from continuing the use of the existing access road across said land from Main Street to Ninth Street, nor shall anything herein contained be construed to prohibit the extension of the said access road across said land to Twelfth Street. Provided, however, that the said access road shall only be used by Lessee' s service vehicles and nothing contained herein shall be construed to treat the said access road as a public thoroughfare. 4. Lessor, and those acting under permission granted by Lessor, shall have the unrestricted right to pass over, upon, and across the said land for any and all purposes, together with the right, without notice to Lessee, to erect on said land such buildings, structures, or improvements that Lessor may desire, whereupon the portion or portions of said land so occupied by such buildings, structures, or improvements shall ipso facto be excluded from the effect of this agreement and the permission hereby given. 5. Lessee covenants and agrees never to under-lease or sublet said land, or any part thereof, or assign this lease, or any interest therein, without the written consent of Lessor and Standard Oil Company of California, a corporation, first had and obtained. 6. Lessee covenants and agrees that said land and any and all structures erected thereon shall at all times be kept free from. rubbish, and in a neat and safe condition, and in good repair and satisfactory to Lessor; and that said lands and buildings and structures erected thereon shall not be used for displaying signs or notices other than those necessary to and consistent with the exercise by Lessee of the privileges given Lessee hereunder. Such notice and signs shall be neat and properly maintained. -3- if i w 7. Lessee further covenants and agrees to pay promptly all taxes or assessments, exclusive of taxes on mineral rights, levied or assessed by or under the authority of any governmental agency upon said land leased hereby and upon any improvements that may hereafter be constructed on said land, by or for Lessee, and should the said taxes or assessments so levied or assessed not be paid by Lessee when due, Lessor may at its option pay the same, together with all penalties or costs that may have accrued thereon, and Lessee hereby covenants and agrees to repay to Lessor, upon demand, the amount of said taxes and penalties and costs so paid by Lessor, together with interest thereon at the rate of seven per cent (7%) per annum from the date of such payment until paid by Lessee. 8. Lessee shall carry public liability and property damage insurance of the nature and in amounts from time to time required by Lessor, but not exceeding public liability insurance in the amount of One Hundred Thousand Dollars ($100,000.00) and property damage insurance in the amount of One Hundred Thousand Dollars ($100,000.00) to protect Lessor and Standard Oil Company of California, from and against all loss, cost, liability and expense of any character with respect to any claim or demand for injury to or death of persons or for damage to or loss of property or any expense directly or indirectly arising out of or attributed to the exercise by Lessee, its agents, servants, employees or invitees of the use of said leased area or the exercise or enjoyment by Lessee or any of said persons, of any privilege hereby granted. Such public liability and property damage insurance shall include Huntington Beach Company, • Pacific Electric Railway Company and Standard Oil Company of California as parties insured and shall be carried with insur- ance companies authorized to do insurance business in the State of California, and the form of such policies shall be first approved in writing by Lessor. 9. Lessee covenants and agrees that it has examined said land, that said land is in good condition and repair and Lessee accepts said land in its present condition. Lessee ex- pressly relieves Lessor of any obligation to repair said land or correct any conditions now or during the term hereof existing upon said land and Lessee covenants and agrees to keep said land in good condition and repair at all times during the term hereof. 10. This agreement is subject to the consent of said Standard Oil Company of California, which said consent is attached hereto and made a part hereof, and every part thereof is binding on the Lessor and the Lessee herein and on their respective successors and permitted assigns. 11. Any notice to be given by Lessor to Lessee hereunder shall be deemed to be properly given if the same be delivered to each Lessee, or left with any agent, servant or employee of each Lessee on said land, or if posted on said land, or if deposited in the Post Office, postage prepaid, addressed to Lessee. 12. Neither the fact of the execution of this agreement, nor anything herein contained, shall in any way be deemed as an admission by either Lessor with respect to the right, title or interest either or both may have in or to the property or any part thereof herein described, or in any manner whatsoever be deemed or used as evidence thereof, or as a basis for the construction thereof, or in any manner whatsoever, or at all, used, employed or taken as a basis for the definition of any right, title or interest of either Lessor or both of them. -5- ,Y 13. This agreement is made subject to all valid and existing licenses, leases and grants affecting said lands. Subject to the provisions of Paragraph 5 hereof, the provisions of this agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement. LESSOR LESSEE HUNTINGTON BEACH COMPANY CITY OF HUNTINGTON BEACH a By ' By ,_,_ VICE-PRESIDENT MAYOR By By q ' TANT SECRUARY CITY CLERX PACIFIC ELECTRIC RAILWAY COMPANY By By F r,7n"ZTARY -6- The lands described in the foregoing lease, together with other lands, being subject to that certain oil and gas lease dated August 31, 1926, between Huntington Beach Company, Pacific Electric Railway Company and Standard Oil Company of California, the undersigned, STANDARD OIL COMPANY OF CALIFORNIA, a corporation, hereby consents to the foregoing lease between Huntington Beach Company, a corporation, Pacific Electric Railway Company, and the City of Huntington Beach, a municipal corporation; provided, however, that neither this consent, nor any of the provisions of said lease or anything therein contained, shall in any way be deemed as a waiver by the under- signed, of whatever right, title or interest the undersigned has, in and to the property or any part thereof in said lease, nor shall this consent in any manner whatsoever be used as evi- dence or as a basis for the construction in any manner whatso- ever of the right, title or interest of the undersigned in and to said property or any part thereof, it being understood that this consent is given solely upon the conditions hereinabove set forth and that except for such condition it would not be given. t� Dated the 20!� day of , 1956. STANDARD OIL A OF IFORNIA By By ASSISTANT S$f 1 / It is understood and agreed by HUNTINGTON BEACH .COMPANY, a corporation, and PACIFIC ELECTRIC RAILWAY COMPANY, a corporation, that neither the making of the foregoing lease nor any use made of the leased property during the continuance of said lease shall in any way be con- strued as a breach or violation of the conditions, restrictions or limita- tions contained in that certain deed from said Pacific Electric Railway Company to said Huntington Beach Company, dated March 12, 1921, and recorded in Book 386, Page 347 of Deeds, Orange County Records; nor shall the fact of the execution of said lease by said Huntington Beach Company and said Pacific Electric Railway Company nor anything contained in said lease be in any way deemed as an admission of either said Huntington Beach Company or said Pacific Electric Railway Company with respect to the right, title or interest, either or both may have in or to the property, or any part thereof, described in said lease, or in any manner whatsoever be deemed or used as evidence thereof, or as a basis for the construction thereof. Dated this day of ..l-v 'k �/ , 1956. HUNTINGTON BEACH COMPANY By y� t r 'VICF-PHESIDENB By STANT SECRETARY PACIFIC ELECTRIC RAILWAY COMPANY VICF. PRESIDENT AND rM FRAL MANAGER By • TEiIS AGREwvT, dated the day of i- j , 1956, between the HUNTINGTON WACH COMPIM, a corporation, here:inafte called "Lessor," and the CIZY OF IMNTINGT&ON R'r',AGII hereinafter called "Leases," WITNESSETH: 1. For and in consideration of the performance by Losses of the coveriants and agreements hereinafter contained, Lessor does hereby lease, let, and demise unto Lessee the surface of that certain parcel of land situate in the City of Huntington Beach, County, of Grange, State of California, described as follows: An irregular parcel of land situated Southwesterly of Ocean Avenue between :lain Street and Twelfth Otreat and more particularly described as follows: Beginning, at a point, said point being the intersection of Lhe Northwesterly property line of Hain Street with the Southwesterly property line of Ocean Avenue; thence Southwesterly along the :'outhwesterly prolongation of the said Northwesterly property line of lblsin Street on a course of :-outh 41020' West 211.5 feet to a point, said point being the true point of beginning of this description. Thence Northwesterly on a line which has a course of `orth 450 00' Vest 320.6 feet to a point; thence :iorthwesterly on a line which has a course of North 480 40' Blest 189.7 feet to a point; thence Northeasterly on a line which has a course of north 70 001 ;East 61.1 feet to a point; thence 1yurthwesterly on a line which has a course of Forth 440 23' West 111.4 feet to a point; thence Northwesterly on a line which has a course of Korth 480 59' +,est 232.1 feet to a point; thence Northwesterly on a lines which has a course of North 510 49' West 108.9 feet to a point; thence Northwesterly on a line viiich has a coarse of North 480 31' 'West 222.3 feet to a point; thence Northwesterly on a line which has a course of North 350 38' Jest 115.4 feet to a point; thence north- westerly on a line *ielt has a course of I+orth 450 20' Nest 231.3 feet to a point; thence Northwesterly on a line which has a course of North 470 17' 'lest 223.7 .feet to a point; thence Northwesterly on a line which has a course of Borth 480 401 Nest 725.0 feet to a point, said point being; on the South- westerly prolongation of the Southeasterly ;property line of rwelftr, 4treet and being 116.0 feet Sauthwesterly, along said prolongation from the point of intersection of the Southwesterly prolongation of the :;outheasterly property line of Twelfth Street with the southwesterly property line of Ocean Avenue; thence Southwesterly along; said prolongation of the ::outr- easterly- property line of Twelfth Street on a course of ;3outh 41" 20' test to the line of ordinary high tide; thence SoatheasterlZr along said line of ordinary high tide to a paint, said point beiiig the intersection of said lido of ordinary- high tide with the 6outhwe-sterly prolongation of the Iorthwesterij property line of Main :street; thence Northeasterly aloe„ said prolongation of Min street on a course of north 41.o 20' mast to the true point of beaintii:�� herein after referred t,o as "said land," upon the terms and conditions and subject to the restrictions and resersr3tions hereinafter set forth. 2. This lease sh,an continue in force and effect for a period of five Mrs from the date hereof unless terminated sooner by either party, giving to the other thirty (330) days' written notice of its desire to effect such termination. Lessee agrees that it will within thirty (30) days after any termination of this agreement, surrender and deliver to Lessor the quiet and peaceful possession of said land ,znd ahall mauve all of its facilitios, equipment, .and paroonal prop erV therefro i, ajid shall restore the surface of said land to as good a condition as it vas in at the time Lessee first cntered ,upon this property. Upon any termination of this lease, Lesces shall. deliver to Lessor a quitclaim deed to said land, which deed shawl be in form satisfactory to Lessor. 3. Lessee covenants and agrees that said land sha7.1 be used solely, for public recreation purposas and that no conees3i6n, eoanercial enterprise or other building or structure of any nature whatsoever shall. be erected, maintained or operated, or shall be permitted to be erected, maintaineds or operated upon said land by any person whatsoever.. except those structures and buildings presently : located thereon. 'Nothing herein contained shall be construed to prohibit the .Lessee from continuing the use of the existing access road across said land from Hain Street to Ninth Street, nor shall, anything herein contained be construed to prohibit the extension of the said access road across said land to `Ilrelfth Street. Provided, However, that the sold access road shall only be, used by Lessee'* service vehicles and nothing contained herein anall be construed to treat c1e said access road as a public t-xoroughfare. 4. Lessor, and those acting .z Aer permission ,,,ranted by Lessors shall have the unrestricted right to pass over, upon, and across the said land for any and an purpoEcs, together vrlth the right, without notice to Lessee, to erect as said land such buildings, structures, or i+eprovetnents tlLat Leaeor W desl.re, whereupon the portion or portions of said 3azd so occupied. bp' yucen buildings, struot%xres, or improvements shall ipso facto be excluded from the effect of this agreement and the permission hereby given. -2r. o o r� �. Lessee covenants and agrees never to under-lease or sublet said land, or any part thereof, or assign this lease, or avV. interest therein, v.Ath- out the written consent of Lessor, Pacific Electric, Ra,:ilway Gezmo-W, a corpora- ! i ticx), and Standard Ui1 Company'of California, a corporation, first had and obtained. 6. Le--see covenants aril agrees U-Lat said land and any and all st,ruc, ! tures erected them-on st-mall at all times be kept free from rubbish, and in a neat and safe con: iticn, aiid in good repair and satisfactory to Lessor; and that jsaid lan& and buildings wid structures erected thereon sl:-Al not be used for die-lavi.� signs or notices other than U.ose necessary to and eonaistant with the exercise bin L,3ssee of the priJiieges given Lessee hereunder. Such notice and sit,vs shall be neat and prop-2r3y maintained. 7. Lessee ;'urther covenants and agrees to pay promptly all taxes or as-ses,—,,ents, excluoive of taxes on, mineral rights, levied or assessed by or finder the aiathorit; of any governmental agency upon saki Land leased hereby and upon any i improvemenLa -c,hat may hereafter be constnacted on said land, by or for Lessee, and �I shot2-u :Ihe said tastes or assesaments so levied or assessed not be paint by Lessee when dlue, Lessor may at its option ray the same, together with all penalties or costs ;,hat may have accrred thereon, and Lessee hereby covenants and agrees to repa.- to Lessor, upon demand,, the amount of said taxes and penalties and costs so paid by Lessor, together with interest thereon at the rate of seven per cent {' f per ai).i= f'roza the date of such payment until paid by Lessee. 8. Lessee zhall carry public liability and property damage insurance of the; tenure and in amounte fr= time to time required by Lessor, but not exceeding ` put}l is liability insurance it the amount of Une Hundred Thousand Dollars I � I {pick") XX.00 and property damage insurance in the amuunt of One Hundred Thousand Dollars {i,l ;,<k3U,t;Y,�) to protect Lessor, Pacific Electric Railway Company and Standard Gil CorLp&YW of Ga�l.ifor-nia, .from and against all loss, cost, liability and e-Tense of any character with respect to any claim or deatand for injury to or devti� of per::uns o, fox, dariage to or loss of property or any expense directly or ind-- ectl.y a-rising out of or attributed to the exercise by Lessee, its agents, -3-- i servants, vployees or invitees of the use of said leased area or the exercise or enjo ment by Lessee or any of said. persona, of any privilege hereby granted. Such public liability and property damage insurance shall include Huntington reach Company, Pacific Electric Railway Company and Standard Oil Company of California as parties il11sured and shall be carried with insurance companies authorized to do insurance business in the State of California, and the form of such policies ohall be first approves in writing by Lessor. j 9. Lessee covenants and agrees that it has examined said load, that said I� Land iF in good condition and repair and Lessee accepts said lard in ,its present condition. Lessee expressljv relisves Lessor of any obligation to repair said land or correct any conditions now or during the tez u hereof existing upon said land and Lessee covenants and agrees to keep said Iand in good condition at.d repair at all ti:-.tes during the term hereof. 10. 'Phis agreement is subject to the consent of said Pacific Electric Railway Ow parry and said Standard.-Oil CorparW of CaZi.for iia, which said consent is attached hereto and ode a part hereof, and ever•✓ part thereof is banning on the Lessor and the Lessee herein and on their respective) successors and permitted assigns. 11. ILny notice to be given by Lessor to L-Yssee hereu 4er shall be deemed to be properly given if the same be delivered to Leg3ee, or left with any agent, servant ' or employee of Lessee on said land, or if posted on Said :Land, or if' deposited in the Post Office, postage prepaid, addressed to Lessee at iiuntia,ton Beach; California. ' 12. This agre.emant is made subject to all vmlid. and existing. licenses, leases and grants affecting said lands. Subjecfr, to the provisions of i'ara;raph 5 hereof, the provisions of this agreement shall be binding upon and inure to the benefit of the respective successors and assigns of ;,he parties hereto. I j ?'V 41"IMISS laHSRS(11F, the parties hereto have executed Uiis agreement. i MiTINGMT, BEACH aWAN Ul Y OF HUNTLaaC r� d MACH BV 1 I 1 1 , I I J The lands described in the foregoing lease, together with other Lands, being subject to that certain oil and gas lease dated August 31, 1926, between Huntington Beach Compa:xy, Pa cif i c Electric Railway Company and Standard Oil Company of California,, the iuzdersigned, PAC�2C MEMIC RAMVLY GWANY, a corporation, and STANDARD OIL OUVAM OF CA.LIFOINIA, a corporation, hereby consent to the foregoing lease between ,iuntington °each Company, a corporation, and the City of runtingLon Beach, a municipal j corporation; provided, horn-reeer, that neither this consent, nor any of the I provisions of said Lease or anything therein contained, shall in any way be deemed as a wa i,rer by the undersigned or either of them, of 'hiatever right, title or interest the undersigned have, or either of them has, in and to the property or any part thereof in said lease, nor shall this cort- Sent in any manner whatsoever be used as evidence or• as a basis for the construction in any manner whatsoever of the ri:,hL, title or interest of the undersigned, or either of them, in and to said property or any part thereof, it being understood that this consent is given solely upon the conditions hereinabove set forth and that except for such condition it would not be given. Dated the day of 1956. I PAk:I `IC ELECTRIC RUI:4P 1 CUVAUY 13j I $� KncLINURD OIL CO'MPAh-f OF CALIFCyitNIA BY BY 1 It is under•etood and agreed by HUMNGTON BEACH (WARY.- a carnorata on, an' PACIFIC EI.EX'r'F3IC R!kII.' ttY. Cc.'`al'.� a corporation, that -)eith(-')r making of the foregoing le-in e n.-.)r any us=3 wade of the leased r+a-�ar•tu- 3i:ring the conciniance of said Lease sha1ll in any vay be con- straed as a breach or aolation of the conuitions, :°estrictions or limitations con-a:ined in Lr"-t certain deed fro-at r.-%id Pacific Electric t il,-.,y t:wixAnv to said HIL:ntingtor, Beacti tGoraparir, dated Mardh 12, I j;a wir, recorded in Book jab, Page 347 of iieeds, 7rwaj;e County TiP.c.s d3; nor i shall the fact of the execution of said lease by said flantii ton Beach Co.r,-pa.ry nor anything cony-ained in said lease, nt7r the fact of the execu- tion of a consent to said lease loy said Pacific W_oetr.i e Ra.Uway Ccnnany- be in an;; v y deemed as an at3mis5 .on of either said iiuntington Reach i Gokapauy or said Pacific Electric RaA,lyrj.Zr Comm, with respect to the i rigb t, tf tl e or interest, eI ther or bot!i r,; r have in or to the property, or any part thereof, described in sa..Ad lease, or in any, ma,rmer ;6atsoever be deemed yr used as evidence thereaf, or as a basis for the construction Dated thitt - - -- day of . 1956. 1 HUNTLr!.1ICit, B CH, CiDi.},r NY B'y PACIFIC ;s'L:ECTRIC RA.IWAY C VTAX' r�r By . V J TIHIS AGHEMRM, dated the ij- day of 1956, between HUNTIlVGTO'V B�"CH CO'DeANY, a corporation, hereinafter c led "Licensor," and the CITY OF 14TIT'PD(GION B&kCtl, a municipal corporation, hereinafter called "Licensee," WITNESSETH: `ddit REAS, by certain agreements dated April 4, 1949, and hereafter referred to as "said leases," Licensor lased, let and demised unto Licensee the surface of certain parcels of land more fully described in said leases and situated in the City of Huntington Beach, County of Orange, State of California, for public recreation purposes, upon the. terms and conditions more particularly set forth in said leases; and ��N.�Etr"�S, the parties hereto are desirous of terminating the said leases, h o w T h e r e f o r e, for and in consideration .of the premises, the said leases are hereby terminated as of the date hereof and of 'no further force'or effect, and both parties thereto are relieved from any further rights, duties, and obligations thereunder in or to the said. lands. L'V WITNESS WfIIMEOF, the parties hereto have executed this agreement. HUNTINGTON BEACH C.OMPANY- By By . CITY Or- HUNTINGTA BEACH By .� 1 j 0 CITE OF I THIS AGREEMENT, dated' the 34� day of , 1955.9 between HUNTINGTON BEACH COMPANY, a corporation., "Lic sor," and the CITY OF HUNTINGTON BEACH., a municipal corporation, "Licensee," {� WITNESSETH: WHEREAS, by certain agreement dated April 4, 1949, and hereinafter " " d to i referred to as said lease, Licensor leased, let an demised -unto Licensee the surface of• a certain parcel of land more particularly described in said lease and situate in the City, of. Huntington Beach, County of Orange., State of California, for public recreation purposes, upon the terms and- conditions more p particularly set forth in said lease; and WHEREAS, Licensee, in connection with the use of this parcel, is desirous of constructing and maintaining thereon a rest room and septic tank: N o w, T h e r e f o r e, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations -paid by Licensee to Licensor, receipt of which is hereby acknowledged, Licensor hereby gives Licensee permission to construct and maintain upon the said licensed area a rest room and septic tank subject to the terms, conditions and provisions I herein set forth: 1. This agreement and the permission hereby given shall continue in force for a period of time coextensive with the time that said lease shall remain in force; and upon expiration or termination of said lease., this agreement and the permission hereby given shall ipso facto terminate. 2. The exercise by the Licensee of the permission hereby given shall i' be at Licenseets sole cost and expense. 3. The permission hereby granted is personal to Licensee and shall i not be assigned, transferred or conveyed in whole or in part without the � . written consent of Licensor, Pacific Electric Railway Company and Standard ' I 1 Oil Company of California, first had and obtained. 4o This agreement is subject to the consent of said Pacific Electric Railway Company and said Standard Oil Company of California, which said consent t is attached hereto and made a part hereof and every part thereof is binding on Licensor and Licensee herein and on their respective successors and permitted assigns, 5. Subject to the provisions of Paragraph 3 hereof-.,,,this agreement i shall be binding upon and inure to the benefit of the respective, successors and assigns of each of the parties hereto, 6. Except as herein,provided, all of the terms y conditions and provisions of the aforementioned agreement of April 4, 1949, shall remain in full force and effect, IN WITNESS WHEREOF, the parties hereto have executed this agreement, HUNTINGTON BEACH COMPANY CITY OF HUNTINGTON BEACH By © dp C- �(� By - e By J$ By SECRETARY 1 f u _ 2 O r 1 I The undersigned, PACIFIC ELECTRIC RAILWAY COMPANY$ a corporation,, j and STANDARD OIL COMPANY OF CALIFORNIA, a corporation, hereby consent to I the foregoing license agreement between Huntington Beach Company., a corporation, I and the City of Huntington Beach, a municipal corporationo DATED the 7, 3 day of , 19550 PACIFIC ELECTRIC RAILWAY COMPANY By VICE PRESI®ENT I GENERAL MANAGER 0 By AS";ITAVTT 7 r7,TAn'T 'i STANDARD OIL COMPANY OF CALIFORNIA i B i w Contract Agent By s' ant Secretary \ a� WNS , 01% datod tho .g.,3, daY ofwddh r. " vou 13 ilia IF- lit tQMOMASO, "rwb a At Jdated Apra 40 . 949.o Uoaaftr leavadv. 14,0 4nd 4mla .:unto 14 ,"., .; two Surface of a Corwa w0a Of Und rare ' cul ry dbacr , -.o d, -ease - . ato in 0" t7. ffi C i State of '* ap . or pubue t�, .:' : 696p 4powtho torts anc;en Ono f q o*n In 00v noctionnth the wo :, 0 for . :t i i -, O -o 0 1 6 'to build a-void ao zhbcm In red upoo the : "fit + -: i`p � # r r e 1; AWt, "40 apt$: . . 4 heraotp azdhovoUaftor rorev 0 adaid. rogo, tot UP paVess of ..`.e of a fa for emergency. uatte wW, s4iftoruaddprotaa. " V e b e r G.. ` o r 0. 'r Md .M *040100r4tloh of t'bd' rW1. 56b the sw 4 or Ton :. . ,(,eto..,00, . 0 Pali ` ` to: "O.. 4pr, rocoipt of uhiah to here do 4 br two $Md p * hore ter 04 forth .0 his aommeat and two J*Miselvm bore° givoa aball COUU ,ial, f6re trot A pow of. time- vith t `U", that a 0 0 O ,a: .row. "in vom .... t1061116 .t . nation Of Palo .'tease# "to ae Mea Ono . r t • .. .tC ;ice,h6rol .. ter povided., us, ul'-s , .. x t d.-t,,e 't O p1qoatio., G sad thwe of' tonmtt o tiara ° brae to, u1bom c for b its ong shall av tom;,.r1 -doe 041d " at. t : 410 Ut the ovout Uoeusor.. at my, tUw and frw time tot 4 =v dopird to 000 or lxwovewoWou the-land to to 00 piod"loy d, ( dvep 14 otlio a 1 . :�0A60.#p,:: ;,to a vita , tip-&,t* : 4 u b the + v + t 11 F�l 5. The permission hereby given to Licensee shall not be deemed or construed to vest in Licensee any right, titleb or interest in or to any of the lands traversed by said road. 6, Licensee agrees to bear the entire cost of constructing., maintaining,, and repairing said road and covenants and agrees that said road shall be kept, in a safe condition and In good repair as will be satisfactory to the Licensor,, and that safety signs and other notices shall be neat and properly maintainedo 70' Permission to use said road shall be granted to third parties9r6ther than tenants and concessionaires of Licensors, only by nutual consent ofs, and upon such terms and conditions as are mutually satisfactory top the parties heratoo 86 Licenses shall carry public liability and property damage insurance of the nature and in amounts from time to time required by Licensors, but not less than public liability insurance in the amount of One Hundred Thousand Dollars ($100,pODOoOO) and . property damage insurance In the amount of Fifty Thousand Dollars ($509000.00) to protect Licensor, Pacific Electric Railway Company,, and Standard Oil Company of Cali forniaa trims and against all loess, cost, liability and expense of any character with respect to any claim or demand for injury to or death of persons or for damage to or loss of property or any expense directly or Indirectly arising out of or attributed to the exercise by Licensees, its agents,, servants., emloyeesp cr invitees of the use of said road or the exercise or enjoyment by Licensee or a,rq of said persons,, of any privilege hereby granted, Such public liability and property damage insurance shall include Huntington Beach Companyp Pacific Electric Rallmy Company, and Standard 'Oil Company of Californiap as parties insured and shall be carried with insurance eompards s authoriz ad to do insurance business in the State of California, and the form of such policies shall be first approved in writing by Licensor. 9. The privilege herein granted is personal to Licensee and shall not be .assigned in Whole or in part without written consent of Licensor., Pacific Electric Rallffay Companyp and Standard Oil Company of California,, first had and obtalmd. 10. Permission herein granted may be terminated by Licensor on ninety (90) dayag written notice to Licensee, 2 rho voAS uorrA> 4 i 41bra i gave * w 444 lop Chair rosvouve. sucosabors,r: : sa . � t c t :,'' d tr4 . . said, 0, 24. a 'i. to the provi6ionjo of fa r.&V' 9 ' oreo # Chu` 'bO 'bl z U ..` and: to the , nit, "a 400 autor� � F 0 , or a :artier heswko. " 4 tba- vartus heroo bb`c t i t is-08 ' .to MP VICE-PflESIDEN?' i V e i 1 i I CoVosetAoUp and neith.er the wKng of Opogoing a. . rat nor WW we- & :of tt I proper'. cl d in said agroewnt, ftring the conlArmawm of said, ' =nt - ro t at a �rx a i or e i 3 iti. . : � s, dated: March 12,, 3.9210 and recordod in'Book 3860 .hge 347 of 0006 Oraiva Ci mtv cordbj, nor alliu the fhet o , emoutlon, of I said 6 t by paid UMUngtgn .Beach-VompatV Aw ai zfi%*ewft by said fact.#* Mectirld �I ,C. . b m U azy vmyg dbeiwd. j I slur or bath ► ' ► fir° .� P�''� 3a`'n or . as evidenee. areefi::.or aO d boat 'f Oprmtrwtidii ibateof o. -PATSD tto day Of fl << VICE-PRMIDEIATDiv I WAY mwA. SEC A21'Y I e Men ecretary i I ' T I aod corprationj, hordby, conftat to the foregoing a nt CaOf RmtirVtm,Swchh qli carpbcoo pulml =CSC FA IIMA ' 77, cbht, �t � 1 rll f i �41e�enme fn ` THE CITY OF HUNTINGTON BEACH OVERSIZED DOCUMENT ON FILE WITH CITY CLERK a.vwptamation., party of the .: :. $ - `' ' ' ._ dam APR."4 1949 I sea o ton ftaohv O=tY of JJ *AO-Of c4UfornUs fbr puUia rw.T-eation- UNIM tbo tums ww. amations swe PartiguLlwly. set- I in wisaid, s W - c d ¢; w d1tion o t NiIA-0 sttuatW An, City -to -4-3 -"WcdnsW zrcaysa t r4 . imimMled as'folw IOUs$ : tv, . - ftSlv ag at a. stem Pf the t i t° _ - O :reet, ;elm- RW W WOW theme Swith Via-W 4 ` s--.srdd- Pl .r.oleftatuxi6r . tut t -to the lim or tides-,d the- olt � }�- - "" w t r s - t �. tho . � lr _ .: } ,. Prolweati on of Ikuln,. rb-tt.U.A a _to `' 4s ice*- t � of a .,fit alcpg zMd U OrA Wilk:' ut t- l o the f_ t . the- po -n, other. f s w Vi c_. . ts- fever nature s for 4a. in =Mldsraum or tbs I' premiws. 014 the am of Ton ol lar .00) other : i ,I . I 1 F n -ftc *f sold Ucenbod, area .wd to rmove th ;- is ,, t h$ "briol aid rarme, und to em Mob otbor ,,..: u 6 imintala the'ou'rfwe of said licsn"O area In a neats, Clem, sard and wn subjeet. to Ow. temoil tlowand-,ciprovioUft �l �a w t -tim *cby given &ban con- 'time in : a perlO or t1m to"-Umive vith fto that a , s this a6rowmat $z tbo. .parAAsim bweby gi ,zbaU.ApsoAftotob �Z f Ucmowt, -of oo.W Uomcd =,e4 &hall bO. MStrbc" Ai ioclox '_.to ` utd as t-is.given, as hwou _apwAAtdy Ucemee zboU not uw - . 31c `m . ` - Pw=A_ OorwW t • oWowly :epeod Umt liomove obi mt emoto ' i ,- d , pamls i given shaU : t oU t1mas be so cmducted asmot t rife" con- oesolonalres of their r busimome .ia t -:vloUdty. have the mweatriotpdri to Up OSS 5 to or . ` . iummod-.armfor. ' to malaWo thare m. sua, buE-Ulwo -i0motopeoor lqv-ovmeuU { as LicamwT4 UPCp the ,motion r ..ins.�of sad-lice i j- i j r a � l� Uftn- sor, but not moodlM pub 3U Ildbi-Myt.namwoo In me awmt of om H snomat of HurAred Thmmand � Pro Protwt u I V z � �• wises out of w atudb a cue by uw=ws Ito azeA o. Ii set- vauts;s :. w of US we f3il' z U&on=4area " Ow . . boroW * fib'pAbUo ty + ` vM insurmce, eompmloo.' t . _ : to ft lmwawe b _ t"_4w Suts. I o the tom olIctoo .. , ":' x jj* VZU-ing by jApetwore I sed arjo f- t !s&W- U=sod are is in, : - - .U"n- age - aftepul VaW liewised =es .nits WVSM't' - LIM : relieves, .lA+*. f-mW ObUptimr r m4d Uze"adarea or cormet - wW corAitAchs acm t dwin the- tom bureof mdatin WAM Ste-llc� wea Licawed drm in goo cation `' wd repair at sU - i . -0oqNW. t C&Ufw%la, first had and obtanw.40 eao leaser, aid erwto affecting . aMoomat io ,r,*Jtmt- to 'tom ecnamt of .aUd . w Uc— trio tailwW Pmpwq _ d. ftwidard oll Ccoraw of C o ., : wild mmowt. le grad herato and made a part woof wd partt i Z � ID. Svbjwt to w proms= of foraW&AY ,t, = - t AbaU ba bindink,. upon md, imm to Uw �aquefilot the r Uvp- a r !! asp �. of : . h s 'b . w . . Ar CITY CLERK I a L 1 1 \\ - . �a N+r ��v�Mvi YuF�ui'ti [gam,,,{,' • I VoIjal- ra }. Imm 0=111marl _ - l W! - - o '...: .mim_, #Fww UT _ ..:two. a.UOVOTW!"ll :, "tea " + ". a . ' I ` = 41 Tho ur ,, PA-C-InIc LIU ti and W':' s# FC= a off" • -. .fsr b coo- bout to v-_ r*--aGo' -. 49rdlocat � l* `, C . -a g _ ZD or 19 . iRAIL'''PA 1 - V � m i� 1 � �NTRACT-AGMT ' 1 I J 1 9 L 0 a- (D)IMMONAL-: I1 amain styled 'Uszor, the CIS oP Cam . a= DUEIP a o_. O . lS 9 T Hs, A3 a For mW site cowldoration of the perfanzance tW wasoo ,or the .L agrements herc4nafter aontalhed4. 14eww too leasedi d ism and by teas presents. IS 8 A 116t Wd &Wifm =tc 14S$w the Mace or that certain qI, Or, Und, pit tite. in the city o ' 'ton Co%mtv at Criange,, ,, or Ming {�} . + .y �5 fJ 6y �y�y �M tg��� 1pW. pp p[,}� yy}q� yip .GWt R�� 493"$�R � ii V !i� 4;WiSp7l'�RP SoUtIl, �- � :t eet ftem the Soot t -Um of ��t'S g > id per» IonSa ti the, t ter line of Mot& Street to the Uno o , . Lido of the wif b thence 'saut�heastorl$, along WjA line of or4Imrr' 4gh tide:to a ppint',i��. t Saition or the sou b line . i t dt j (thence ort4 �, . Rest, oaJA ProXomatibn of t � auth twly Line of sixth Street to a Una parallel to . 82 Feat zoutb- vesterly'&am tk* scutkwesterly linib:of 006WAvenuej th nco r th' °j 401 West along sai6 i , ww 62 feet souk tarly 'the souttweaterly 11m of area AVsVdQ 075 f; t to ,the paint of beg s . i he a rafarred to as ftaldL lard," upon the term wd emiditiorm r c subject to the restrictions aW res ti herein set forth. s lease shall con time, U% force f6r a peried Of five years i the date h t' and thereaftor until hated by rxitUnm rioti e by' i4 either of the Mies eto#. one to the other, as provided In Par Waph 3 ` haroof. t . 3s At tUts after the iration of the period of five years the sate hereof,, either :Lecosorssoo &hull havo t1m ri ht to i 1 �T F tumdmto this Uwe -b' : •per the DOW (90 l wittM MUM of is d . effect such terOwtion. des agrfts that -it Vins W; ' denver to i" and yeacefta poss"sion of sau land wA sbaU rive Uwreftm all of see4s ftclUtlesa, equi $ other arty`s and sbaU restam the sfato of said as good a conditim iis It ims, in- at the time that t o lam-me zadee Upm wW teradmUm of ptl dell fsaid-I=A4vftch VAtelaim dead slual be In tarm satisfactory to lasses* e x0sme COV and sgrema". that &Ad liand s E . fotl. U :r4xtwea iti on p � _.G9[7 aid t m C Y30 e8u`iGmI - RriR prioe tr=twee of aW natwearectedo ; �. r ! t harem ® ussee eavewntaweep un l "e or sublet SMId m - or aW part thereofs, ft- aasiM tbU l ,# or W infest ttwwelno vAthout the vrittAm c=mt of Lwsarq Mail .c n T 't ia tIs and Standard MI Cmpmy. of form",, a oarWations, L firsttwd and obtaimd. 6 Lessee. w+ov %race that. -.dA1,md - baw . an r.Umdct ibrectwd thavm .$baU :,at all UMW bQ kepi rt*bjfihO aM In 4a nestaW "fe. condltiongk r watterwtory to Urmoriand tbAt V.d I=ft Wd bmlftno md isU=tar p wrote harem �." wed e`er dipplayl:W si&ms or. noticea othw W= umse Y�J saryto aw emaistent Vith the se by 148660 of fte p '., 08 CiV U es &- ro Sucft notide emd aips shzU be -rot- and properlyn. �e�o , XN ` . TAssee, ftrther covenants and agrees to pad' rwVt],V, all taxes" or se nts,, emlusiva of mad on minera; rightep levied or a u ue or under the autbority of mW Coverupental a otacy.up said 1=6 lowed. pbnbq'r� AMrovements that may hereafterbe constructed on said lwmlp.. .or for Lesseelo.and ahou tha�i A tie or eemo a-do bVied or assess not be paid tq te sos v&en due, 1ASSOr VAW at Its Optionpay ' the eameg to ct , . with aU panalties or cost that may have accrued o p and Lessee hordbZr covenants.and votes to ram. to,Lessors upon ado ,, . the amount of said ea and penW"ies and costs vopald by tearer,, togarther with tereat thereon at the ratio of oeven per *eat per amt= nmm t)w . date of such paymnt until.pad by tassc,4s. f ., L46466 sWal carz7 public abilill pares dwage .. a — a O of thO netwe and'in its from %.Ime to tim required tsar Lessorp but not exceeding pub lie liabIlIty insurance in the ant of Oft Or rod dU- sand Dollars (000,000.00) "off ` damago Izurmee in the amount of One ThousarA D tta t t avor, act�`�.o 'met 1 trit R4iIVAW i CM,POW and Standard Oil C*WarV of Califor a., *am arxi agoinst . o oxpotwo of wWcharactw vdth respect to arq claim or domand, .for Io3w to or & tea of per. or for dampacp to or 1000 Of lvrty or -WW oxpewe d1r6ettly or Lidirectlyarises. out T of or AtAxibuted to the o weizo by Lease% t , s9rvantv. »> ployees or invitees of tho use o.f said leased area or, t&O a. w- ip or enjoymnt by 'Wasoo or wW of saw parsons, of alW-privilood `an . Such public liabilIV .wW Property ass ,ur o chall Includo Hunt ova Deach OMPUWS, Pacific eotrio SMWAwd Ml CWPWW Of . a so pies ImAwed and shoU bo oar. VIOd with iUmwawo Oarpanies authorised to .aranoe business in '_._�I the State of C, , or ao a a fo of such Clea stiff be ��t i I �41e�enme fn ` THE CITY OF HUNTINGTON BEACH OVERSIZED DOCUMENT ON FILE WITH CITY CLERK I ' ti 90 Lessee covenanta and agrees that it has eMined said 1. land. that said UM Is in good condition and r r and Loewe accepto , said land In Its presont oondition., Lesser oWosaXy reUms Lees of avr obligation, i t said land or corroot ,mW conditions during the torm hereof oxiotins upon se,14. JwA and Lessee covenants wA fees to keep -said 1and in good condition at sU times daring the torm meat. . This at iis subjedt to the consent of eald ftoMc r 211actric Railww OmpwV and maW Shard OU eompW of csUforniav , which id tono t Is attached hereto and mdo a part Nwoof# . part tberaot In bimUng on the lormor and the Lessee harain aW m thoir respeptive ,suiccassors and permitted osbigns, I . ArW notice to be given by Lessor to lessees 'hereunder abmU ' be de :ta be propwly givon It the same.be daUvered to Lessee, or left with agent.0 servant or emp2ayeeof Lessee on said lwdo or it posted on. add landp or if deposited the Post Offioef pose prepaids, addrtseed to Lessee at Huntington O"Ohe Ca f'orra . 1 . This _agreaeftt to made subject to a(U vaUd mW existing Ucenseav lessee rid grants affects wAd ids. 3*. Ject to the provisiosm of P h'5 hereoto the Provi- sions of this agreemat shaU be binding upon and Inure to the benefit of the respective swecommirs &W asaips of the $Mies veto. i Oj � the Mies hereto have amain this aaae- mento O k `� COMPAVY CITY CLERK AMSTANT S", ETARY I 1 - � .i R> s+ -. �. ° _ r J+ ras Y. .r 'n i i, s_ y. 6 6 ".L. a»7'�r -r^.-+_s-+ o.i+ rz•}•,*{xy-.". + .q,ry'i } � 1id 4 S 7 1 +t 4 S,.k r..dii•-•^,a.''.y+pQ•+-*•+P4ryr4°'rw e.;Y "5' "�T!<'.a"v°". I _-+�. �f st - - y r «..;e-,r�.,,..,..:..,,.�7x•.--ems-n���r^r"'�i`•'I.. '��.-,,� z -.0 t - F , _'r a, . _ a.+i.r. *s.dd'7z`#'wR ;-.; d , t'^. R � � .-.t '�' ha z. ! Yt.}r .y r is T '1 + i �. h a, i r�} �• n . �. 1,y 7• 3r1 �.10 � ti b c r � �9 }': y 1 �� � -��- ��� i It ie undoratood and agreed by TIMMINCTOR PnW C N- a oor- Poratump. and PACInC UOMO WA .C s a corporat on# that neither the mWdog of the foregoing least iftor arq use meft of the 3eaa duriag the,contitaa a of laws shall in wW my be construed as s h h o o the co Bar t UtionS c6 ,that certain deed frm saW Matific nattrie IWImW paid Hwvqngton Beach CmpatWt date. Arty. 1 , 19a 'Toorded in Sook 60. Pages 3 7 ea ,. as Record;; nor sball the fit .the I executi on of said Imase t _ l .Dofth C "Olthing C*O- tained In: said 'leavop rwr'the fit of T-h- Q, encution 'Or a Consent tag lence by said Paoifto tUctric PaUraW CaVwW be in aW way domed ov an aftisialmi dither,s Pea CmPaw or vdd e c� - tric. AW vdth.respeo :the ri&t. two ar interpo, either or both -CVO it c r"%.O r .: i i f . . in aw wh4tacaver be deawd or tad as evidence thereof# or &a a bamis. tor the cmstr4qtion woof lAtt, ed thU Z42&dav 9M4N4 rtw: +r ++.iww Rif >�• 011 I I ) I �T AMSTAN1T 8"ETARY. � I • I I SECRETARY I I � I 'The Undo described in the f0regoing IM069 toppather with OtIler lmidsI p .b° `w ect to that .certain oil and gas lease dates AuWt 310 1926 bees Runtington Bomh CompOWO Pacific Suc tric Raiiuv Compow and Standerd Oil CmpaW of Oalitornia.. the undersipedg '*CM UMMIC RAILWAY ' c Omar" on, �' CALI . m � a Corporation, eby, Consent to t1we foregoing fosse betmen, Huntington Beach CcmpWo a corporationg and tho CIV of RuntUaton rmohv a mdei- Tela j provided* hamvert that neither OU comento. nor aV of PrMiSIMAS Of b0id 104 � .. � ein to , S ' l in m' be. demed am a =Ivor by the uhdaraiped or either of , of what- ever right, titlo or interest the undersigned havep, eitbw Of thm baa� , and to the properW or ArW partthe"of I sald Uazop -nor shall thio consent in MV maw= whatsoeverbe used as evidence or as a baois ib r { the construction in sM mmaer vmtsoever. of thd right, title or Interest - of the undersigmedp or eltbar of thm,, In ad to said property or aW part thereof, It boing understoodthat thia coment to given solely Upon ' the conditions horelvabove eet forth and that amept for such condition it, °off not, be g3.vo the &W of �® SECRETARY i "yor CAURMIA. ASSf6T11IVI SSCMARY I 1 I W g ffiffiffiffi� 2 . THIS INDENTURE, Made the 22nd day of June , 1909, 3 Between HUNTINGTON BEACH COMPANY , a corporation duly or s-•4'` 6 ized and existing under the laws . of the State of California, ,: party of the first part , and CITY OF HUNTI GTOV BFACH9 a mun dlp6l e oorporat ion of tha County of Orange , Ste-to of California, the 7 party of the second part 9 ITNFSSETH: Thpt the said party of-4he first part , for and in. consideration of the sum of Ten Dollars , Gold Coin of the 10 United States , to it in hand paid by the said party of the second 11 past , the receipt whereof is hereby ackn=: edged, does by these 12 presents grant , bargain, sell and convey unto the said party of 13 the second part , and to its successors and assigns forever, a 14 perpetual easement snd right of way' for road or street crossing 13 over that certain 16it or parcel of land situated in the County Le of Orange , State of California, and bounded and parti,oularlp de- a7 scribed as follows, to-wit: 1B Across that piece or parcel of land lying between mean 19 high water mark of the Pacific Ocean and the ocear.side line of 20 Ocean Avenue embraced within the extended lines of Eleventh 21 Street , in the City bf Huntington Beach , County of Orange, State . 22 of California. 23 It is hereby covenanted and agreed, however, with a coven&n 24 running with the land, that if at any time said party of tk#e 25 second part , its successors or assigns in interest , or those 28 holding or . cla.imin.g to hold thereunder, shall , with the knowledge 27 or ,consent of the owner of sai� pr.e�,ises , use , or cause to be 28 used, or shall allow or authorize in any manner , directly or 29 indirectly , said premises , or any part thereof , to be used for 30 the purpose of vending intoxicating l i:quo rs for . drink:ir g, puxpase 31 thereupon the easement hereby granted shall revert to and be 32 vested in the grantor herein, br in it's successors or assigns,or 1 in any corpore,tfon to which it may grant said reversion, and it , 2 or its successors or assigns, or such corporation, shall be 3 entitled to the immediate possession thereof. 4 Together with all and singular the tenements , . hereditaments 5 and appurtenances thereunto belonging, or in anywise appertaining, 6 and the remainder and remainders , rents , issues and profits 7 thereof , subject , however, to the foregoing covenants , restriction 8 and reversions. 9 TO HAVE AND -TO HOLD all and singular the said pre :ises ,with 10 the appurtenances subject to the foregoing covenants, restrictions 11 and reversions unto the said party of the second part , and to its 12 successors and assigns forever; providing, ho,,�ever , that if the 13 said party of the second part , or its successors or assigns, shall 14 at any time abandon the said crossing for a period of three con- 15 secutive years, or more , the said party of the first part may 16 enter into possession thereof, and the rights herein granted shall 17 revert beck to the grantor thereof. 18 IN WITNESS WHF;FFOF , the said party - of the first part has 19 rexeunto signed its corporate name and affixed its. corporate seal 20 by its officers thereunto duly authorized, the -day and year first 21 above. written. 22 HUNTINGTON BEACH CMIPANY , 23 ( (CORPORATE SEAL) ) By J.V. Vickers , President. 24 By Alex 1;ille, Asst. Secretary. 26 STATE OF CALIFOR!'IA, � ss 26 County of Los Angeles ) 27 On this jrd day of July in the year 28 nineteen hundred and nine , before me , 29 Geo. Pomeroy, a Notary Public in and for the said County of Los 30 Angeles ; State of California , residing therein, duly commissioned 31 and sviorn, personally sC)rceared, J. V. Vickers , known to me to be 32 the President and Alex dills known to me to be the Aset. Seeretar -2- 1 I _J 1 of the. Huntington Beach Company Corporation that executed the 2 within instrument , known to me ,to be the persons who executed 3 the within instrument , on behalf of the Corporation therein named, 4 and acknowledged to me that such Corporation executed the same. 5 ITV �!ITNESS WMMEOF , I have hereunto set my hand and affixed 6 my official seal the day and year in this certifica-.e first above 7 written. 8 Geo. Pomeroy , Notary Public 9 ( (SEAL) ) in and for Los Angeles County, 10 State of California. 11 A full , true and correct copy of the original recorded at 12 request of E. R. Bradbury , Nov. 20" , 1909 , at 5 2in. past 9 A.M. 13 Geo. E. Peters , County Recorier. 14 Justine Whitney , Deputy. 15 - - - - o 0 o - - - - STATE OF CALIFORNIA, Coemfy of Orange, S& I CERTIFY The foregoheg to Se a full, true and coned evy of.doe babument appaarieg reoorid�sd f a, ;`> ---- Z ---- Of-=-----------------------DO-GAS------ --=---------- � _ 1 0 - --------------) ---- •w-w.��w.V.� �:ki% ` .4•: ( . Reicoeie of Ononps C00046 and that I have aweAft mnpamd flee ammo W" the orWml + M WITH unto ad AV hand and is ESS WHEREOF I bane hen e�.'� e�Fda j�•aeQt__• ��: &Y of:' Got -------------•--192. _ 4600---------- -------------- BM ------------------ -------- 26 27 28 29 30 31 32 -3-