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HomeMy WebLinkAboutC-596 - Lease tidelandsSOUTH COAST CO. CENTRAL AT TWENTY -THIRD • NEWPORT BEACH, CALIF. • PHONE: NEWPORT BEACH 2600 NAVY June 12, 1941E City of Newport Beach Newport Beach, California Gentlemen: We are enclosing herewith lease covering the following rentals: Dock No. 3 Dock No. 4 Garage No. if Dock No. 5 Garage No. 5 This lease has been duly executed by officers of this company and one copy has been retained for our files. The executed lease covering the "City Damp Grounds will be forwarded to you within a few days as soon as a Performance Bond is secured. I+IR: r enc. ..E, 1.. 1. 11 -1i Yours truly, SOUTH COAST CC. By. Secretary to Mr. Howe Honorable Council City of Newport Beach - ewport Beach, California Gentlemen: ARMY- , tE,NAVr TWENTY -THIRD AT CENTRAL AVENUE N E W P O R T BEACH, C A L I F O R N I A TELEPHONE NEWPORT BEACH 2 -600 July S, 154,4: Confirming our action relative to the mutually beneficial transfer of docks and garages leased, this company respectfully requests that the lease between the City of Newport Beach and the South Coast Co., effective May 1, 1944, covering docks No. j, 4 and 5 and garages No. 4 and 5 be amended to cover an exchange of dock No, j for dock No. 6, all other conditions of the lease to remain the same. Yours respectfully, By Hubbard C. Howe President HCH :mr 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 R E E M E N �_ THIS AGREEMENT OF LEASE, made and entered into BY AND BETIEN CITY OF NEWPORT BEACH, a Municipal Corporation of Orange County, California, hereinafter referred _Vo as Lessor, and SOUTH COAST COMPANY, a Corporation, of Newport Beach, California, hereinafter referred to as Lessee, SVITNESSETH, That the Lessor agrees to, and does hereby, lease to Lessee the following facilities on City owned property of the City of Newport Beach, as shown on Drawing No. 60 -1267 on file in the of- fice of the City Engineer of the City of Newport Beach, reference being made thereto for further particulars and the same is by such reference made a part hereof, at the following rentals, to -wit: Dock No. 3 $ 75.00 \ 32 Dock No. 4 75.00 per OFFICES OF Garage No. 4 THOMPSON per R060N BLDG. Dock No. 5 NA. CALIF. R E E M E N �_ THIS AGREEMENT OF LEASE, made and entered into BY AND BETIEN CITY OF NEWPORT BEACH, a Municipal Corporation of Orange County, California, hereinafter referred _Vo as Lessor, and SOUTH COAST COMPANY, a Corporation, of Newport Beach, California, hereinafter referred to as Lessee, SVITNESSETH, That the Lessor agrees to, and does hereby, lease to Lessee the following facilities on City owned property of the City of Newport Beach, as shown on Drawing No. 60 -1267 on file in the of- fice of the City Engineer of the City of Newport Beach, reference being made thereto for further particulars and the same is by such reference made a part hereof, at the following rentals, to -wit: Dock No. 3 $ 75.00 per month Dock No. 4 75.00 per month Garage No. 4 15.00 per month Dock No. 5 67.50 per month Garage No. 5 30.00 per month This lease shall be for the term of one (1) year, commencing as of May let, 1944, and ending as of April 30th, 1945, with the right and option of Lessee to renevi said lease for an additional term of one (1) year, providing said Lessee shall, at least one (1) month prior to the expiration date hereof, notify the Lessor of its intention to lease and tender to Lessor the first month's rent- als herein provided for, and upon such renewal being made by said Lessee on the same terms, covenants and conditions as in this Lease provided and set forth. The rentals herein provided for shall be paid as follows. $262.50 upon the signing of these presents, and thereafter the sum of $262.50 on the first day of each and every month during the term hereof. It is specifically understood and agreed between said parties as follows, to -wit; -1- .+_/i If 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OF AND THOMPSON iPURGEON BLDG. 'A ANA, CALIF. 1. The d•:?cks and garages herein leased shall be used only for work in connection with repairs, conditioning and recondition- Ing of war vessels r1nd r,ther war craft belon Sng to the United States Government, or to any of its a17.ies• 2. It is specifically understood and agreed that no mater- ials, equipment, tools or machinery of any kind or nature shall be stored on shore in connection *it'r, the doing of any of the work specified in Paragraph 1, hereof; except that automobiles may be partied by employees or others in connection with the doing of the work herein mentioned, 3. It is further specifically understoc f and agreed that sai Company shall at all times keep said docks, piers and garages in good condition and repair and sh'_l at the termination of this Lease turn over to the Lessor said docks, piers and garages in as Sood condition of repair and paint as the same now are. 4. It is further specifically understood and agreed between said parties that Lessee shall at all times provide for sufficient toilet facilities on shore for employees and personnel of navy or army vessels at its sole cost and expense. However, no toilet facilities or other improvements or alterations shall by made on said decks, piers or other public properties herein leased, except said improvements shall be first approved by the City Engineer of the City of Ne-uport Reach, 5. No sewage, waste, oil, gasoline or debris of any de- scription shall be permitted or allowed by Lessee to be discharged or to run into the waters of Newport Bay, S. Lessee shall at all timeskeep said docks, piers and other public property herein leased in a clean and sanitary condition and free from debris, and waste materials. 7, All garbage, toilet disposals and other waste materials f vessels and eater craft repaired, conditioned and reconditioned, -2- 1 P17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OF iLANO THOMPSON 'J SPURGEON BLDG. NTA ANA. CALIF. I as aforesaid by Lessee, shall be collected and discharged at open sea, and not within three riles of the entrance to Newport Harbor. 8. The Lessee agrees to observe and keep 9.11 ordinances, rules and regulations of the City of Newport Beach, as well as all State and Federal laws, in relation to the doing of the :pork here- in contemplated. 9. Lessee shall be fully liable and responsible for all in- jury and damage occurring to said piers and other public property herein leased, arising out of or in any way connected with their operation hereunder, and shall either rep it or pay the amount of the damage to the City of Newport Beach within a reasonable time after they shall have received rritten notice thereof from said City or the Engineer of said City. 10, The Lessee covenants and agrees that it will not sell or encumber this lease or assign or sub -let any of the properties herein leased to them without the express written consent of the Lessor first had and obtained, 11. That in the event of insolvency or bankruptcy of stid Lessee, or in the event of an assignment for the benefit of credit- ors, this Lease shall terminate and be of no further force or ef- fect for any purpose whatever. IN WITNESS WHEREOF, Lessor has caused its corporate name of said City to be signed to this instrument by its Mayor and City Clerk thereunto duly authorized by resolution of the City Council of the City of Newport Beach, this e— day of June, 1944, and Lessee has caused its corporate name to be signed and its corpor- Vice ate seal to be affixed to these presents by its /President and Secretary thereunto duly authorized by resolution.of its Board of Directors, this 9th day of June, 1944. Attest: y cler CIT�YY OF NEWPORT BEACH By ayor S DTH -COAST COMPANY By e Preside j -3. ecre ary 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OF iLANO THOMPSON 'J SPURGEON BLDG. NTA ANA. CALIF. I as aforesaid by Lessee, shall be collected and discharged at open sea, and not within three riles of the entrance to Newport Harbor. 8. The Lessee agrees to observe and keep 9.11 ordinances, rules and regulations of the City of Newport Beach, as well as all State and Federal laws, in relation to the doing of the :pork here- in contemplated. 9. Lessee shall be fully liable and responsible for all in- jury and damage occurring to said piers and other public property herein leased, arising out of or in any way connected with their operation hereunder, and shall either rep it or pay the amount of the damage to the City of Newport Beach within a reasonable time after they shall have received rritten notice thereof from said City or the Engineer of said City. 10, The Lessee covenants and agrees that it will not sell or encumber this lease or assign or sub -let any of the properties herein leased to them without the express written consent of the Lessor first had and obtained, 11. That in the event of insolvency or bankruptcy of stid Lessee, or in the event of an assignment for the benefit of credit- ors, this Lease shall terminate and be of no further force or ef- fect for any purpose whatever. IN WITNESS WHEREOF, Lessor has caused its corporate name of said City to be signed to this instrument by its Mayor and City Clerk thereunto duly authorized by resolution of the City Council of the City of Newport Beach, this e— day of June, 1944, and Lessee has caused its corporate name to be signed and its corpor- Vice ate seal to be affixed to these presents by its /President and Secretary thereunto duly authorized by resolution.of its Board of Directors, this 9th day of June, 1944. Attest: y cler CIT�YY OF NEWPORT BEACH By ayor S DTH -COAST COMPANY By e Preside j -3. ecre ary City of Newport Beach Newport Beach California Gentlement TWENTY -THIRD AT CENTRAL AVENUE N E W F O R T BEACH. C A L I F O R N I A TELEPHONE NEWPORT BEACH 2.600 February 9, 1944 In accordance with section 6 of a lease dated April 1, 1941 covering certain property described as follows: All of Lot 1, Block 223, as shown upon a map of Section "A ", Newport Beach, recorded in Book 4, page 21 of Miscellaneous Maps, Records of Orange County, California, and all the portion of Block 222 of said Section "A" described as follows: Beginning at the most northerly corner of said Block 222; running thence south 460 50130" Bast along the Northeasterly line of said Block 222 to the most northerly corner of Lot 1, Tract 814, as shown upon a map recorded in Book 24, pages 36 and 36, Records of said County; running thence south 590 481 West along the Northwesterly line of said Lot 1, Tract 814, 193.01 feet to a point in the Southwesterly line of said Block 222; thence North 190 42130" West along the Southwesterly line of said Block 222 to the most Westerly corner of said Block 222; thence North 700 17 +30" East along the Northwesterly line of said Block 222 176.87 feet to the point of beginning. And those certain tide lands and submerged ]and" adjacent to said Blocks 222 and 223 described as follows: Beginning at the most northerly corner of said Lot 1, Block 223; running thence South 460 50'30" Bast along the Northeasterly line of said Blocks 222 and 223 56.09 feet to the most Northerly corner of said Lot 1, Tract 814; thence North 590 481 Bast along the Northeasterly prolongation of the Northwesterly line of said Lot 1, Tract 814 to an inter- section with the United States Government Bulkhead line between U. S. Station 120 and U. S. Station 121, as shown upon a map entitled "Harbor Linea, Newport Bay Harbor, California ", approved by the Secretary of War May 2, 1936, and on file in the office of the United States District Engineer in Los Angeles, California; thence northwesterly along said bulkhead line to an intersection with the SOUTH COAST CO. #2 — City of Newport Beach February 9, 1944 northeasterly prolongation of the northwesterly line of said Lot, Block 223; thence South 700 17130" East along the Northeasterly prolongation of the northwesterly line of said Lot 1, Block 223, to the point of beginning. The South Coast Co, does hereby exercise the option given to it for an extended period of three years and herewith encloses its check for the month of April 1944 in the amount of $70.00. This represents the first monthle rent after the present three year term ending March 310t. The South Coast Co. will thereafter pay at the rate of $70.00 per month on the first day of each month. The South Coast Co, requests that section 1 of said lease be amended inasmuch as in the post —war period this section will work hardship on the South Coast Co. This section states that the leased lands shall be used only for the purposes "of doing work for the United States government or any department of the Federal Government, or any country or countries friendly to the United States Government". The South Coast Co, requests that this paragraph be amended to read: "It is understood and agreed between the parties hereto that the lands hereby let, demised and leased shall be used in conjunction with the South Coast Co.'s present shipbuilding, repair and hardware business in such a manner as to comply with all City ordinances and the use of the leased lands shall not be restricted to work on Government vessels only." WHJr:mr rag: mail We trust that the above will meet with your approval. Yours very truly, SOUTH (COAST CO. By: Walton Hubbard Jr. President t y 1 FOR LEASE 2 3 THIS AGREEMENT OF OPTION made in dtipl.i►ate this 91H 4 day of March, 1943, by and betre" the CITY OF NE'NPORT BEACH, 5 a municipal oorporation, par the first Dart, and SOUTH 6 COAST COMPANY, a corporation, party of the second part, 7 8 D o e N._ N E S SETH o a o 9 That for and in consideration of the sum of Five Hundred 10 Dollars ($500), the receipt of which is hereby acknowledged, said 11 .party of the first part agrees to lease to the party of the second 12 part at any time that it may demand on or before May 51 1943, on 13 the conditions, covenants and agreements hereinafter net forth, 14 for the consideration or rental hereinafter provided for, that 15 certain real property situated In the City of Newoort Beach, 16 County of Orange, State of California, more particularly described 17 on Exhibit 'A$ attached hereto and made a part hereof, 18 19 It is understood and agreed between said parties as follows: 1. TERM OF OPTION 20 21 It is understood and agreed that this option must be 22 exercised by the party of the second part on or before the 5th 23 1 day of Kaye 1943, and upon second party's failure to exerotee 24 said option on or before the date mentioned, this option shall 25 thereafter become of no further force or effect for any purpose 26 whatever, unless this option shall be extended for thirty (30) 27 days as hereinafter provided. 28 2. EXTENSION OF OPTION 29 This option to lease may be extended from and after the 30 5th day of May, 7,.943, by the party of the second Dart tendering to 31 the party of the first part on or before the let day of May, 1943s 32 the sum of 0750.00, add extension to be for thirty (30) days, and LAW OFFICES OF ROLAND THOMPSON 2{O tFU 0141 BLDG. 11 ,AKA..CALIF. rev_.. h $�,� •,. 1. A t 1 shall expire on June 5,"U4 &n,' in the event this option shall 2. be so extended, it shall uron the s.me terms, eoW -Ions and 3 covenants hereof, and the party of the second part shall have to 4 and including the 5th day of June, 1943, in which to exersis! this 5 option i ;; the event of such extension as herein provided for, 6 3. CONDITIONS AND CO *NANTS OF FROFOSED LEAS 7 If the -party of the second Dart shall exercise its option.. 8 by notifying the party of the first -Dart in writing on or before 9 the 5th day of May, 1943.,:; -or in the event this option shall-:--be 10 extended, on or before the 5th day of June, 1943, of its intention 11 to exercise this option, then and in such event the party of the 12 fir at part agrees that at the next regular meeting of the City 13 Council of the city of Newport Beach thereafter, it will execute 14 a lease in favor of.the party of the second part in form as 15 attached hereto, marked SPECIMEN LEASE, and made a part hereof for 16 all purposes, to the s =me extent and purpose as if all the terms, 17 conditions, and covenants and recitals were herein set out in full, 18 provided the party of the second part shall tender to the party of 19 the first Part the first month's rental an in said lease provided, 20 21 1 and shall furnish the bond provided for in said specimen lease. 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OF ROLAND THOMPSON 210 SPURGEON BLDG. SANTA ANA, CALIF. 4. OPTION SHALL NOT BE ASSIGNED This option shall not be sold, assigned or transferred to any corporation or person whatever during the term hereof by the party of the second oart, except on written consent of the party of the first part. 5. PROVISIONS rQR LIQUIDATED DAMAGES The party of the second part covenants and agrees that it will enter into an agreement cancelling this option with the City of Newport Beach if it falls to exercise the same within the time herein set forth, or any extension thereof, and further agrees 2* v . v�LShY�RTa': ?.S�YiIIr: wn .: •. •. .'FY�L.t6�..�1:'4:;'�]L....�... ..t .� .t _ ..a sa.... _... 77 c f' 1 that if it shall fail to ;* ao, that it will pay arAlanidated 2 damages to the City of Nam Beach the sum of ab00, which 3 sum of money shall be me de a part of any judgaent'entered against 4 the party of.the second Dart in relation to this option. 5 5. PROVISION AGAINST UdWING 6 Said party of the second part specifically agree that it 7 will not record this option during the term hereof and that any 8 recording of said option shall be a violation of the terms hereof 9 for which the party of the second part shall be liable and 10 responeible for liquidated damages mentioned in the previous 11 paragraph. 12 8. TFMINATION OF OPTION 13 It is specifically understood and agreed, anything to the 14 contrary herein notwithstanding, that theparty of the second oar% 15 may at any time prior to May 5, 1943, or in the event this option 16 Is extended as herein provided, at any time prior to dune 5, 19439 17 terminate this option by delivering to the party of the first part 18 Its copy of said option showing the same to have been duly can= 19 celled, and at the same time giving to the party of the first part 20 a quitclaim deed to the real property herein described. 21 22 23 24 IN WITNESS WHEREOPO the party of the first cart has 25 hereunto caused its corporate name to be signed and its corporate 26 seal to be affixed by its Mayor and City Clerk thereunto duly 27 authorised by resolution of its City Council dated the 28 day of , 19439 and the pa rty of the second part 29 has hereunto caused its corporate name to be signed and its 30 corporate seal to be affixed by ite President and Secretary 31 32 LAW OFFICES OF 3. BOLAND TNOMPBON 210 SPURGEON BLDG. BANTA ANA. CALIF. Y 0 23 24 25 26 27 28 29 30 31 32 LAW OFFICKS OF ROLANOTHOUPSON 210,01POROXON SLOG. SANIV5'At CALIF. 4, *her-ounto duly "thorized by, W'olution of Its BoaA�..--Jof OirSctore 2 dated Maroh 1943.�--* 3 4 CITY or NEWPORT BEACH, 5 By 8 B A. Ity Clark 9 ;y 10 Party of the first -oart 11 12 13 14 15 Boom COAST COMPANY, 16 17 18 19 B Secretary 20 Party of the sedond--part 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICKS OF ROLANOTHOUPSON 210,01POROXON SLOG. SANIV5'At CALIF. 4, i STATE OF CALIFORNIA 4P* 2 COUNTY OF ORANGE 3 4 On this day of March. 1943# before me, the 5 signed, a Notary Public In and. for said County and 6 personally appeared WALTON HUXIWD, JR., known to me to be the 7 President, and RUBbARD.C. HOWE, known to me to be the Secretary 8 of SOUTH COAST COMPANY, the corporation that executed the within 9 instrument, and known to me to be the persons who exsented the 10 within instrument on behalf of the corporation herein named. and 11 acknowledged to as that such corporation executed the same. 12 WITNESS my hand and official seal. 13 14 Notary Public In and for said 15 County and State. 16 MY commiss; n Expires Feb. 4, LA17 ((SEAL)) 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFIC95 OF RO"ND THOMPSON 2tO SPU"WOK BLDG. SANTA ANA, CAUF. I z b* 1. A 01 I I. 2 THIS IND$NTURIt OF LEABS, made In duplicate this day of 3 1943, by and between the CITY OF NVxTORT &:ACFI, 4 a sunieipri rorooration, party ��f thQ first hart, hereinafter 5 referred to as the "City". U y . and SOUTH COAST COMPANY, a corppriticn, 6 tarty of the second pert, hereinafter referred to as the "Ccft�any". 8 9 WH&RSAB, the City of NOwrport Beach Is the owner of harbor 10 11 frontage, tidelands and certrin uwlands abutting thrrron, all in the City of Newport Be €ch, Orange County, California, hereinafter 12 more nartioulariy described; and 13 WHEREAS, in the ,Judgment of the City Council of the City of 14 Newroort Beach 1% to for the best interests and welfare of efid 15 16 city and the residents thereof, to lease said lands hereinafter 17 described to the Coanany, for the purposes hereinafter net forth, 18 and under the terse and conditions of thin lease; and 19 0HE;REAB, in the judgment of the City Council of the City et: 20 Aewrpaflt Beach, the use of the harbor frontage, tidelands and un- 21 sands abutting thereon hereinafter described, for industrial uses �s herein specified, would be for the best interests of said city 22 23 in that said uses will promote navigation and fishery ano harbor 24 development In the city of Newport Beach, and further will aid in 25 the defense program of the United States of America; and WFiSI LAS, it 1e the judgment of the City Council of the City 26 27 of Newport Beach that the leasing of said lands to the Cortrsnyvoon 28 the conditions in this agreement specified, is not inconsistent with 29 the trust imposed upon such tidelands, or inconsistent with or 30 opposed to the law in such cases made and provided; and 31 32 LAW OFFICER OF ROLAND THOMPSON 210 SPURGEON BLDG. SANTA ANA. CALIF. 1 - 1 2. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 GUY OFFICES OF ROLA.NV THOMPSON 216 6i91W[oM SLOG. .SANTA AN... CALIF. . s , 1• aH�1e�:wy, " of the lands hereinafter described constitute tidelands and ter. frontage end ha portion therxaof constitute uplands abutting therben; and M1tiSM8. in the judgmept of the City Council of the City of Newport Beach said uplende cannot be used without grid tidelands, nor can a id 41delande be used without the upinnds abutting thereon, and it Is further the judgwent of the City Council of the City of Newport Beach that the leasing:cf the whole of amid lands hersinafte�r described as one parcel is necessary for the proper development and use, of sold lands, Myer frontage and tidelands, and for the proper development of inert Harbor and the City of Newport Beach. NO'Wo THMUORr, TI18 AGRM ' FURTWER WITWOETH: Thc,t the City, for and in consideration of the rents herein reserved, and the Covenants anal agreements herein contained, os the smart of the Company to be kept and rerformed, has demised and leased and does by these presente domino and lease unto the Company that certain real proterty situated in the City of Newport Sench, County of Orange, State of California, and more particularly,_. described as follows, to -vit: All of Lots A's 49 $, 61, 7, 8, 9 and 10 in cot 117, k,e a vn upon a asap of Section "B", Newport Beach, recorded in book 4, page 27 of Blecelleneoua ns, Records of Orange County, Jalifornias '3 a parcel of land being a portion of Lot 40 QeOtibn Ss, Township 6 South, Flange 10 nest, S. €. D. 8d X., and certain filled tidelands described as foli, ows, to -wit: Beginning at point in the northerly pro- longation of the sterly line of 18th Street, as said street le iri out and ehown unon 9 man Of Section B, Newport Beach, recorded in Book 40 page 27 of Miscellaneous Mans, Records of Qrsnge County, California, which 00int is 20 feet northerly of the- ncrthwesterly corner of Block 119, as shown on said rump of Section B; running .. .. .��. 4.a. `.l.'_. . 2 - a. 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OF ROLAND THOMPSON .P�qgo" BLDG. 94NTA'ANA. CALIF. thence northerly Klong the northerly prolonga- tion of said easterly line of lath Street to an Intersection with the U. S. Government bulkhead line between Station 118 and Station 1196 as said bulkhead line is shown upon a man entitled "Harbor Lines, Uedpart Bay, New;�ort Harbor, California", aoproved May 2nd, 19368 by the Secretary of War, and on file in the office of the U. S. District Engineer oP Los Angel =s, California; thence easterly along tsPid bulk- head line to an.intersection.vith the northerly pprolongation at the easterly line of Lot 1'8, clock 115, as shown upon s map of Tract No. 234, recorded in Book 130 pages 36 and 37 of Nl soellaneous mans. Records of said County; thence soutr!rly along the "..id northerly prolongat!:)n of the easterly line of ceid Lot 13 to an intersection with line 20 feet northO rly Of anti -Arallel with the northerly Me of Paid block 116; thence westerly in a direct line to the noint of beginning. This lease is made upon the following rentals, terms, conditions and covenants between said parties and as follows,. to -wit: It is understood and agreed between the parties hereto thF,t the lands hereby lot, demised and leased shall be used only for the .urrose of doink; work for thi United States Government or any department of the Federal Government, or any country or countries friendly to the United States Government, in the assembling, conetsuetion, reconstruction, conditioning, re- conditioning and repair of boats, vessels, war craft, war vessels, auxiliary war .craft and other vessels necessary or useful to the r national defense 1a d /or W msnufsoture or assembly of marts therefor, and any other business on sxld demised premises is hereby speoiflo&lly orohibited. - 3 - l ;4 5 6 7 8 9 10 11 12 13 14 15 16 17 18, 19 20 21 22 23 24 25 26 8 29 30 31 32 OFFMIS or V BLDG. CALIF. qFt 21 Tra— 0f I"" Y ` It is: understood and agreed between the parties hereto that the term of. this lease shall be t�sar�l from and after trio data of the execution hereof, provided all the terms and conditzo hereof shall be fully kept, observed and performed by the Company, and the rentals shall be fully paid at the time and in the -canner hereinafter specified. 3. BIC& The Company covenants and agrees to pay to the City as rent for.said demised premises the sum of $7400,00 Der month during, each and every month of the term hereof. Said rental shall be payable In lawful money of the United States. The rentals hereunder shall be paid by the Company to the City monthly in advance on or before the""Oh day of each and every month durii►q;;f the term hereof, commencing on the y� day of =`'x' , 1943,E eaaept that the sum of $9 ".00 being the rent for the first month of the term hereof shall be paid upon the execution hereof, receipt of which is hereby acknowledged. 4. TADS ANI)ASUWAUTS iz-, The Company shall pay all taxes and assessments of every nature, description or kind levied or assessed against its personal property located on said described nremises, as well as all improvements by it placed thereon, together with all water rates, meter rates and other charges levied, imposed or assessed against said demised premises or any Dart thereof. 8. MLIAN21 WITH LAWS The party of the second part shall comply with all - 4 - r 1 laws, ordinur.ces, regulations of the city of Hewnort Beach, and 2 all laws ead regulaatlOns of the united States Government and 3 State Government in r_he conATaet of its buniness on AFid demtsed 4 premises. 5 6.+. 97 T If4PRl3VEItE�i7`8Pg2tTY 6 it is understood ana spread between the parties hereto that 7 the pro,erty hereby leaned and demleed is at mresent used by the 8 City of Newport Beach no a camp ground and hse been fully equipped 9 as a public eas►p ground with buildings, pipe lines, public 10 utilities, tollets, lr_vatorlee, wash tuba, electrical wiring, and, 11 other imnrovements and fixtures, a list of which is hereinafter 12 mentioned. 13 It is fuziher underitooli rnd agreed Chet Raid tarty of She 14; second kart �VL Y uce aa!rid im*rovnmente durin.R the term ,f this 15 lamas teat at the arpiraAlon thereof ;;}:;I'l return 95,id iw rovemente 16 to the city of hRw.,)ort `n the wtal Izondit:on and.repair sit 71 *�• s�.;ae are a:t the ;)resent tire; that if any improvements removed, and the ?arty of the second part 10 hereby given the t and privilege of removing Improvements, or if any improvem,�nte shell 20 be altered, changed or damaged, the Harty Of the second part shall 21 psy to the City immediately upon the removal thereof, the value 22 thereof in accordance with the schedule of values following this 23 paragraph, and in the event of damage or other Injuries to the 2 improvements the party of the second pert shell nay the reasonable 2 value thereof as of this date and in R000r4 nce with the schedule 26, of values herein referred to. 27 28 29 30 31 32 OFFICES OF N BLDG. CALIF. - 5 - r 1 SCHWULE 6F ii .LUES 2 All of Burch 6- +oe3 3 4 5 4 - Cook houses 190 x.801, with concrete aprons, at 2390.06,- - - - - - - - - - - - - 82()0.09 6 - Comfort stations with sisovsrs, 241 7 with concrete aprons, at 0$900400 - - - - - 9100.00 8 1 - Garage, 90, xPOO - - - - - - - - - - - - - 6Q0.00 9 Overhead lighting system - - - - - - - - - - - -- Ift.00 10 water -pipe mystem - - - - - - - - - - - - - - - - - &;?0.00 11 Sleotrionl conduit sYstem along fence - - - - - 420.00 12 Roadway, RA,000 square feet - - - - - _ _ - - _ - 4200,00 13 14 15 Total - - - - - - - - -- `"t20',590,00 16 17 T. UMT AND KAQR1K9i'Y -M, 18 It In agreed and understo(:d that the title rnd olnership 19 of any Wt0hinery, tools, equipment buildings anc oth#v prorerty 20 of any kind or nature which Cozen,&.n Y or the Government of the = united 21 states, or tny ftdersl agency may rlaoe or bring F upon the dammed 22 premises during the term hereof, eha11 remain in the Company or the 23 Government of the United States. or an y g federal agency ey a>i the as es 24 y he, snd ehell be and remain strictly na reonal nro,nApty end 25 retain Ito character c:e such no m! tter whether on permanent 26 foundation or in ghat manner affixed or attached to any building. 27 or structure or to the lend, or whet may be th-: consequences of -its 28 being disturbed on such foundation, buildinfr, structure, or land, 29 30 or for what purpose the Omme Q&y be used. Notwithstanding anything 31 to the contrary heroin a�ntain", ttt> Conr.Any or the Government 32 f the United States, 4r any federal agent as the ease may be hall htAve th,* right at atn:- tiave, whether before or zfter aw. r, _ '.JAW pIF10EY OF JHII :AND THOMPSON ?kfQArY.OEON BLDG. SANTA ANA; CALIF. . g 1 2 31 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28' 29 301` 31 32 LAW O. /ICES O. ROLAND TJ*" SON 210 SFUSOLQ11. LDO. SANTA AIR'. ALIT: r termini -tion of this lease, or any eatennlon or extensions thereof, and regardless of the cause of such termination, to remove from s.r,id demisod 7.reunisec; said rro ;erty which Comnsay or the Govern- went of the United i4atee or any feder.l agency as the ogee ney'< be, have placed or brought on. s, id des eed nremisee as alenseld. S. CITY T�J ?'s�AQHltSE xi9Pi ?C<<�'4E*3T6 FLeACW Ql& SIiH_ ,.v i _ The *arty of the first oaart, City, is heroby given the right and privilege of rurcheksing ony and all lmproveman'c olaced on w�id oremises by the Company at the termination of Vila issse at its then market value, provided Inch company shall ovn_y1d Improvements, and if the City and Comrany g:rs unable to atgr i upon the reasonable market value thereof the o me shall be submitted to a board of three arbitrators, one to be chosen *'Us Comoeny, one to be chosen by tt,e City, and the two .sarbitrattorp eie;*Lhosen shall select a third arbitrator, „nd the rw rd of any tv:o arbitrators shall be finel Grid bindtng on Moth the City and the Company. 91 COMPANY ',j DSLIX &Puwn;ss In tMa COUP-11,10N :N Company covenants and _agrees th'.t upon the terminptta of this lease, vhethn-r by expiration Of t1pe or otherwise, it saki surrender and deliver up the demised nremieep and I the now existing r: improvements thereon, to the city in as good condit4 a when received by the Comrary from the City. 10: w1j) JVR rALjTi1FIJL P I c�F1hi;�Qg The Cony # reas, Upon thR expeution of this ease. to 4W t �00� ftrnish to the City a surety bond in the hens of 91.8TGt1Q4M6_ guarantying the faithful rerformenee of each s?nd every tif.*ad condition of this leree, includ"nr tr.e oaymant f ^r Imnra e removed, damnFred or deglMed, wt tch tcnd �Rtlsll be in form n .)ft"ed by the City Attorney of the­'oity of Newport 8evshf od said bo 7 M ? 1 shall =11eo be approved by the amity Council of the City of N 2 BS&Ch at the time of the execution of this lease by it. and agrees t it it will, 3 upon the termination of this lease by fo"elturs or Up" of time, 4 The Company further covenants and agrees with the City 5 that it will not ae'eipn this lef: re or any interest therein, 6 7 without first obtaining the written consent of the City for such assignment. and the Company further agrees in this 8 eetion not 9 to sublet said demigod prftlees or any part or p Irtion' roof, 10 without the written consent of the City. 11 The Company further coveftnte and 'agrees that it will not 12 mortgage said leasehold interest or any of tt a imps9eafents 13 Sher--on, or to be pleoed thereon, without thn sx_nre4 "ft consent of the City first: had &tdi catriaed. 14 1$ In the event of truptoy or 111101"noy of the eompany. this 1e€;se st =':11 abrolutaly terminate Stu b <.:C�ne of.nr. forth ®r 16 17 force or effect for any ,urro.<e v;h.!,tever, Any: the ^l shall have 18 the right and is hereby given t -? right an privileru X-pe -entry 19 se In tr4a lease orov1`.9.1 for. 20 12. CM'S (:GV 'dhFE` n� p�Crrn rnwe.'ar .,. 21 The said City hereby covenants and tb&t the eomt+any 22 performing, the covenants, t:trms .ad conditions of tai ~W - on 23 tree part of the Company to be kept, obserttcd and part-lrm &ay 24 Nnd €hall have the right aL;pll times durar,R..Lhe Germ at E or AS& 25 le}tse, to 4ui*tly --nd "aaefull y holi o poseeas, o0oi1D3r and 26 enjoy said leased land and pre: %. ,ovf and ail improveap AILjWhiah 27 may from ties to time be placed ther::ln, under and by Cue of 28 iilis 16'%89. 29 13. ;AXA 2DA':" 7,:146 `2"8 30 The Company further coven+)ats and agrees t it it will, 31 upon the termination of this lease by fo"elturs or Up" of time, 32 yield up immedVAe -oseeseion of r, id demised oremi¢ea? the city, LAW OFFICE: OF II ROLAND TNOMPSON p .210 SPUROCON - GANTA, ANA. CALIF. 1 2 3 4', 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 V BLDG. CALIF. U Y f or to ratty, upon failure to do eo, as liquidated damn gee for the whole ti -me such possession is ;itnbeldt the sum of #750.00 per month, but file provisioAs of th4 a clause shell net be held, as a waiver by said vity of.any right of re -entry as hereinafter set,.. forth, nor shall the reos pt of s;Ad rent or any part .thereo or any other act in anccerent affirmance of tY:e tenancy, e re a waiver of the right to roi relit this lease, and the term hereby granted for the period still unexpired, for any breach ,1 of the covenants herein. 14. 92TICE In the event staid .ComTAry shall default in any 'the terms, conditions or eovelUMts hereof, slid .said default -• l continue for sixty (60) daill after notice tfisreef in writir.� to the Company, then and in either'ft any of such even". shall be lawful for the City, at its tel?ation, to deelere e;.id ton ended, and with or without proceer :)f la.w,.:to re- enter, �nQ`jam VAd Co>ep +-ny and every o" r�E1a in OP i,lnorf rend r+reeieae or any pest tteranf, to expel, rem -)ve 814. Put out, using Mob for" as may be necessary in so dolni-, arif to repoeflest and eftift said pre-mixes tt thoiit nrejuCioe to .!n-- riOitte or remedies by statuth or common law. t.41ioh slight h: us* for breach of any tern, covenants or stir~al�tlon.of thlF. lease. this connection the Cosr ?Faly wRiver eny onmneneation f.» th's- 7forfeiture Of said terra or the nosSocid on c,f rjd slid pr'em. 'l r e s by t City, in the event of the forfeltur :If this lease for any of causes aforesaid, and ;rrreby Valves &ny demand fOP1 the noeseselon of the Premises in the event of the torfeltura of the 1eaM, and agrees that any rtot'ice th t the -41ty may desire or 'rectuired at any time to give or serve upon tie Company, with reference to the foregoing covenants, or rang other one in this le e2309 may be sent by registered mall. postage prepaid thereon, to the g - 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 °ip t CoeaanY. at such address as seal " - have been litat fu nisho Nritidg by the Caa rp�ny to the city, :)r :_ea.y be left at agct addrops in Lhe osre of " ev,)Ioyee of the Co::,ynyr or the oily asy; Pont said notice eoncpicuously for ten conreeutive dpra upon the'_: s9id described premfeet,, and the giving of such notice in either Nay •sbove described uhall eonetitute a good, suffteient and lExful notice in all cases There by the terms of this lease a notice is r00uired to be given by e•..id city to the company. 15. C09'Y a i'F L22i�m� The CceepanY- further covenants to and with the City that In the event said City Thzll !.Vt out any fault on its made a ^arty to any litigation Commenced by or against ef.i Company, thtzt the Com-rany will pr.y &11 cogil. .saaG reseonable C.ttorney's fees incurred by or am,osed upon Rr.id City, by or in connection *,ith sr:•id 1ltirzati ^n, Nid the G+:C;�r..�ty Vul par All costa and reasonabla attorney's feas Nhioh �W be ino or :quid by the City in enforcing t.tte ooVehr.-:ts of th.iR I and all Ruct? coats and Attorney's fees when :raid by said city aball be so much additionral consideration for t'<� 6MUting of this leave. It is furtYer understood Snug sg,raed that the vsrtous rights and remedies heroin contained anti r"rerved to tine city,'- shall not be coneidsrrd se excltasive of any other right or rewlldy, but the .same shall be cc+netrued r.4 cixffiulj%tivR, and site;?2 be in addition to every re�redy now or arre:.;ft,r existing at equity or by atatuts. "Jo 'delay -r the City to 28 exercise any right or rower wising from any caisaieh, p,l► default Of the Company, shall impair zany suci -A ri st of 29 gi power, ;, shell be 30 construed as Q waiver o! day suah default or any acQuiescense there. 31 in- No waiver of the breach of any of the carenaAts of this bale 82 hall be construed or held to be A waiver of any other breach Y LAW OFFICES OF NOLAND THOMPSON .210 SPURGEON BLDG. SANTA ANA. CALIF. _10- ate 8 f , waiver or eoquieecence in or consent to any further )r sueeee"49 2 breach of the same covenant. 3 16. SXT'S[9SI� 4 It is specificall* understood and c:prreed, snything to 5 the contrary herein notwithstanding, that the Company ii bel 4in$ 6 Louts for the United states Government or its allies or ooVA*1es 7 - iriendly to the United states of Americas and that this leaf 8 Is given to the Qom^ ^ny in order to assist and aid the United 9 States Government in its war effortQ and as an aid to,.National 10 Defense and Offense, and that during the state of the tional 11 12 emergency which at present exists, that this 'tease $ ha.11 r" sin In full force and effeeta at the rental of 4750.00 per moq 13 14 as hereinbefore provided, and as long; thereafter as said Company sh& ll build or oonstruct boats, vessels or *hall perform duties 15 16 su for the United State€ Government, or any of its &pple@ or sob - 17 1 contreotors, relative thereto, or any countries fri edly -with the United Stetee, but said lease shall not extend for a voft9i 18 19 greater than that provided for by law. However, the Cony may 20 terminate this lease and doliver up noseenvicn of the demised 21 premises to the City at any time after two y *ar*Ltr0n the 22 beginning of the term hereof by giving to the City a. ,-Sixty days' 23 prior smitten notice of its intention so to do, and vn6A_ he 4 24 expiration of said sixty day amyl ^d, the Company @hall vice 25 the demised rremiees in accordance with the terns and conditions 26 hereof. After the two year term has expired a® herein provide&, +. 27 said lease &hall not be extended for a greater period than for the 28 existence of the netionel em *rgency aforesaid, sn6 the oe"letion 29 of national emergency contracts Pforesaid, and for sixty ' ks 30 thereafter, 31 32 LAW OFF1Qu OF ROLM(p�yj�QMP8ON 210 SPUNO6ON BLDG. BANTA ANA. CALIF. -11• 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES or ROLAND THOMPSON 210 SPURGEON BLDG. 194KTA ANA. CALIF. N iN m21Pi _: AT the V^Ity,of Newport bet-oh haw day caused Its corporate n(mme to be fIrfied vad its corporate seal to be affixed by Its Mayor.*" City Clerk therounto duly authorized by rs&Olutl** Of Its City Council dated V;e day of 1443, "A the m, rty of the second _ -,art, 30r)TH C0A_­_r GCXPAX%$ has hereunto caused Its oorrornts name to be signed and Its aor-_,.orate goal t" Do affixed by its =reqjdqmt -and 960"tery thereunto duly authorised by revolution of Ite board of Directors dated the *,-y of 1943. CITY UIF NL;4F(1ftT 34ACH A 9 j WA f, A By City 01.4rk Fartt, .",f th first -%art by President By Secretary forty of the second part .12. i z 2 3 WHEREAS,there has this day been present ed td :pity 4 Council of the City of Newport Beach, a certain Indenture of �w Lease dated the 20th day of March, 19", wherein the City of New - 5 6 port Beach is therein designated, *City* and South Coast Company, 7 a corporation is therein.designatcd, *Company, and 8 WHFRF,AS, In the opinion and Judgment of the City 9 Council of the City of Newport Beach, the consideration offered 10 for the execution of said lease is just, fair and adequate, and 11 WHEREAS further in the judgment of said City Council, 12 it is for the beat interests of the said oity and inhabitants 13 thereof that said lease be granted upon the terms, coulticns 14 and covenants thereof, and 15 WHERSh5s it is further the judgment of the City 0ounoll 16 that the leasing of the lands described in said lease upon the 17 terms and conditions of said agreement of lasso specified, is not 18 inconsistent with the trust imposed upon said lands, or Inconsis- 19 tent with or opposed to the law, and 20 WHEREAS, said lease will aid in the proper prosecution 21 of the war as such lands are to be used by the Company for the pur- 22 pose of doing work for the United States Government, its depart - 23 meats and allies in the aseembling, construotion, reconstruction, 24 conditioning and rsoohditloning and repair of boats, vessels, war 25 craft, war vessela, auxiliary war craft and other vessels necessary 26 or useful to the national defense. 27 NOW, THEREFORE, BE IT RESOLVZDo That the Mayor and 28 City Clerk of the City of'Newport Beach be authorised, directed 29 and instructed to execute said lease, in duplioate,'on behalf of 30 the City of Newport Beach. 31 I HEREBY CERTIFY that the foregoing Resolution was duly 32 and regularly passed by the City Council of the City of Newport LAN OFFICES OF OLAND THOMPSON X10 SPURGEON BLDG. tAj NTA ANA. CALIF. Y�..' 1. 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Beach at a regular meeting thereof held on the day ot{, 1944.'w';;.:. Ayzs�, c�ouNc •004tM, NOES, COUNCILMEN: I\r01��- ABSENT, COUNCILMEN 1 �- 1 a P LAW OFFICES OF 2• .ROLAND THOMPSON 210 SPURGEON BLDG. \\ SANTA ANA. CALIF. Mayor :ate i 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OF I ROLAND THOMPSON .210 SPUw N BLOC. SANTA ANA, CALIF. THIS INDENTURE OF I,NAW made in duplicate this WV of starch, 1944, by and between the CITY OF IMPORT BZAOH, a municipal corporation, party of the first part, hereinafter referred to as the "City , and SOUTH COAST MANY, a ocrperationt+�l Party of the second part, hereinafter referred teas the "Company■. SAS, the City'of Newport Beach is the OVV of harbor frontage, tidelands and certain uplands abutting thereon, ate, in the City of Newport Beach, Orange County, Oalifornia, hereivafter more particularly described; and WHSAXAS, in the Judgment of the City Council of the City Newport Beach it is for the best interests and welfare of`:rhaU city and the residents thereof, to lease said lands hereinalle= described to the Company, for the purposes hereinafter set fortht and under the terns and oonditions of this lease; and WHNRSAS, in the Judgment of the City Council of the Oity Newport Beach, the Use of the harbor frontage, tidelands and q laude abutting thereon hereinafter described„ foe industrial undo as herein specified, would be for the best inte7e41a of said City in that said uses will promote navigation and fisherr"�mxd harbor development an the City of Newport Beach, and further w1w 44-12 the defense program of the United States of Aaerleal and WHMMAS, it is the 'UOIPent of the City 00,lsncil of the 0!'! Of Newport Beach that the leasing of said lands to tltie 00spany upon the conditions in this agreement specified, is not LOW "stout wit] the trust imposed upon mob tidelands, or Inconsistent with or opposed to the law in sUeh cases made and provided; and WHSRNAS, a portion of the lands herein .described constitute tidelands and water fV=tage and a portion thereof constitute uplands abutting thereon; and � M 111 MHMAS, In the Judgment of the City Coumoil of M 2 City of Newport Beach said uplands cannot be used without 3 tidelands, nor can said tidelands be used without the upl` 4 abutting thereon, and it is further the Judgment of the City 5 Council of the City of Newport Beach that the leasing of the 6 whole of said lands hereinafter described as one parcel is 7 necessary for the proper development and use of said lands. motor 8 frou%W and tidelands, and for the proper development of Newport 9 Harbor and the City of Newport Beach. 10 NOW, TMBRNFOR.B, THIS AGREEMENT FURTHCR WITNTSSETHs 11 That the City, for and in consideration of the rents bersin 12 reserved, and the covenants and agreements herein contained, on 13 the part of the Company to be kept and p performed, has demised and 14 i leased and does by these presents demise and lease unto tiro 15 Company that certain real progssty situated in the City ormlewport 16 Beach, Oolmty of Orange, State of California, and more partiovl,arly 17 described as follows, to -wits 18 A portion of Lot 40 Section 33, Township B South. 19 Range 10 West, B.B.B. d, M., and certain filled tidelands described an follows, to wits 20 Beginning at a point in the northerly pre - 21 longation of the easterly line of 18th Street, - as said street 18 laid out and shown upon a 22 map of Section B. Newport Beach, recorded in Book 4, pa 87 of Misoellanscus Maps. Records ge 23 of Orange County, California, which point is 30 feet northerly of the northwesterly oor- 24 ner of Block 117, as shown on said as of Section 8; running' unni tkeace northerly along 25 the northerly prolongation of said sasterl line of 18th Street to an intersection wit 26 the U. S. Government bulkhead line between. Station 118 and station 119, as said bulk-, 27 head line is shown upon a map entitled T "Harbor Linea, Newport Bay, Newport Harbor. 28 California', approved May 2nd, 1936 by the Secretary of War, and on file in the office 29 of the U. S. District Engineer of Los ASgelese Osllfornia; thence easterly along said livlk- 30 head line to an intersection with the northerly prolongation of the easterly line of Lot 13, 31 Block 1150 as shown upon a sap of Tract No. 834, recorded in Book 13, pages 36 and 37 of His - 32 oellaneous Maps, Reoords of said Oounty; LAW OFFICES OF J� RO LAND TKOMPSON EID SGUROEON BLDG. SANTA ANA. CALIF. i S 1 thence southerly 6 the said northerly Prolongation of the easterly line of said 2_. Lot 13 to an intersection with a line 30 3 feet northerly of and parallel with the northerly line of said aleck 115; thence westerly in a direct liars to the point 4 of beginning. I 5 This Isaias is as" Upon the following rentals, totals. 6 conditions and covenants between said parties and as follows, 7 to -Vitt 9 It is understood and agreed between the parties hereto 10 that the lands hereby let, demised and leased shall be used only 11 for the purpose of doing work far the United States Government 12 or any department of the federal Government, or any country or 13 countries friendly to the United States Government, in the 14 assembling, construction, reconstruction, conditioning, re- 15 conditioning and repair of boats, vessels, war craft, war vessels, 16 sualliagy was craft and other vessels necessary or useful to the 17 national d*fsnao. 18 1 19 It is understood and agreed between the parties hereto 20 that the term of this lease shall be one year, oommenoing as of 21 the 30th day of harsh, 1944, and ending as of the 18th day of 22 Maroh, 18450 and the rentals shall be fully paid at the time and 23 in the manner hereinafter specified. 24 1. RENTAL 25 The Gompany oovenannts and agrees to pay to the city as 26 rent for said demised premises the sum of $700.00 per month during 27 each and every month of the term hereof. Said rental shall be 28 payable in lawful money of the United States. The rentals 29 hereunder shall be paid by the Oompeat►y to the City monthly In 30 advance on or beta" the 20th day of each and every month during 31 the term hereof, commencing on the 20th day of mambo 19446 32 except that the sum of $700.00 being the rent for the first mouth LAW OFFICES OF ROLAND THOMPSON 210 SPURGEON BLDG. SANTA ANA. CALIF. r � .3- I � i M T 1 of the term hereof shall be paid upon the exeoutien hereof, re- 2 ceipt of which is hereby acknowledged. 3 J. TAXU An ASSSSSI[SATB. 4 The Oempany shall pay all taxes and assseements of every.. 5 nature, description or kind levied or assessed ag"not its 6 personal property located on said described premises, as well 7 as all improvements by it placed thereon, together with all 8 water rates, aster rates and other charges levied, imposed or 9 assessed against said demised premises or any part thereof. 10 �. MWLIOAZ = jam. 11 Ths party of the second part shall comply with all 12 building lawn, ordinances, regulations of the City of Newport 13 1 Beach, and all laws and regulations of the United States Uovern- 14 meat and State Government in the conduct of its business f. 15 said demised premises. 16 A. 2X 17 It to understood and agreed between the parties hereto 18 that the property hereby leased and demised is at present used 19 by the City of ; Newport Beach as a camp ground and has been fully 20 equipped as a public camp ground with buildings, pipe lines, 21 public utilities, toilets, lavatories, wash tube, eleotrical 22 wiring, and other improvements and fixtures, a list Of which is 23 hereinafter mentioned. 24 It is further understood and agreed that said party of 25 the second part may use said improvements during the term of this 26 lease but at the expiration thereof shall return said improve - 27 cents to the City of Newport Reach in the same condition and 28 repair as the sane are at the present time; that if any improve - 29 meats are removed, and the party of the second part is hereby 30 given the rigbt and privilege of removing improvements, or if 31 any improvements shall be altered, changed or damaged, the party 32 of the second part shall pay to the City immediately upon the LAW OFFICES OF ROLAND THOMPSON 210 SPURGEON BLDG, SANTA ANA. CALIF, 1' 2 3 4 5 6 7 81 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OF ROLAND THOMPSON 21O SPURGEON BLDG. SANTA ANA. CALIF. removal thereof, the value thereof in aoaordance with the schedule of valum following this paragraph. and in the event of damage or other injuries to the Improvements the party of the second part shall pay the reasonable value thereof as of this date and is a*00946000 with the schedule of values herein referred to. 4 - Cook houses 181 x 301, with conorets aprons, at 1,300.00 ..................... 3 - Comfort Stations with showers, 241 x 281, with oenorete aprons, at 44,2,900.00....... 1 - Carage, 20+ x 201........................ Overhead lighting system ....................... water -pipe systsm.« ............................ sleotrioal conduit system slag tome.......... Roadway, 80,000 square test** .................. Fence, 940 lin. ft. ..................6.0...4.0 $ 5.200.00 r� rr rr rr .r• r+ A ,r .rr rr Total, ... s ...................... 0 200580.00 41 r. d Of any naghiasry, tools, equipment, buildings and other property of any kind or nature whioh oompany or the government of the United States, or any federal egescy may plats or bring upon the demised promises during the term hereof, shall "main in the Con or the Government of the United States, or any federal agenoy as the case may be, and shall be and remain strictly personal property and retain its oharacter as such no matter whether on permanent foundation or in what manner affixed or attached to any building or structure or to the land, or what may be the oon- sequences of its being disturbed on suoh foundation, building, ..5- ` , i 1 struoture, or land, or for what purpose the east may be used. 2 Notwithstanding anything to the contrary heroin contained, the 3 Company or the Government of the United States, or any federal 4 agent as the case may be shall have the right at any time, whether 5 before or after the termination of this lease, or any extension 6 or extensions thereoft and regardless of the cause of such term- 7 iaatiom, to remove from said demised premises said property which 8 Company or the Government of the United States or any federal 9 agency as the oass may be, have placed or brought on said demigod 10 premises as aforesaid. 11 I,. am ,AX QITY , 12 P=j= JM =• 13 The party of the first part, City, is hereby gives the 14 right and privilege of purchasing am and all improvements placed 15 on said promises by the Company at the termination of this lease 16 at its then market value. provided suoh company shall own.said 17 improvements, and if the Oity and,Company a" unable to agree upon 18 the reasonable market valuo thereof the same ohall be submitted 19 to a bossd of three arbitrators, one to be chosen by the Company, 20 one to be chosen by the City, and the two arbitrators so chosen 21 shall select a third arbitrator, and the award of asy two 22 arbitrators shall be final and binding on both the City and the 23 Company. 24 $• ZXUU IQ OLIVER PUNIHNS 11 g= ONDITIO N• 25 Company covenants and agrees that upon tho termination of 26 this lease, whether by expiration of time or otherwise, it will 27 surrender and deliver up the domised promises. and the nsw,. st inB 28 improvements thereon, to the City in as good condition ahon 29 resolved by the Company from the City. 30 1Z &M LM YALW.& PERF'ORU OS. 31 The Oompany agrees, upon the execution of is lease,...to 32 furnish to the City a surety bond in the sum of 560000.000 LAW OFFICES OF ROLAND THOMPSON 210 SPURGEON SLOG. SANTA ANA. CALIF. IIIIII's- r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OF ROLAND THOMPSON 210 SPURGEON SLOG. SANTA ANA. CALIF. guarantying the faithful performance of each and every term and condition of this lease$ #seluding the payment for improvements removed, damaged or destroped, which bond shall be in form approv by the Clty Attorney of the City of Newport Beach, and said bond shall also be approved by t1s.01*y.4ovnell of the City of Newport Beach at the time of the exeontSM of this lease by it. The CesTaar further oovenante and agrees with the City that it will not assign this lease or any Interest therein, without first obtaining the written consent of the City for such assigtsment, and the company fgrther agrees is this connection not to sublet said domised promises or any prat or portion thereof, without the written consent of fte City. The Company further covenants and agress that it vi11 not mortgage said leasehold Interest or any of the improvements thereoa, or to be placed thereon, without the express written consent of the City first had and obtained. In the event of baakrupMy or insolvency of the Company this lease shall absolutely terminate and become of as further force or effect for any purpose whatever4 and the City shall have the right and is hereby given the right and privilego of rs-saW as In this lases provided for. The said City hereby covenants and agrees that the performing the covenantsl terms and conditions of this lease on the part of the company to be kept, observed and perforated, mar and shall bane the right at all times during the term of this lease, to quietly and peacefully hold, possess* use, occupy and enjoy said leased land and premises and all improvements which may from time to time be placed therein, under and by virtue of this lease. .7- l I I&. LIOEMM mum 2 The Company f=Vkor covenants and agrees that lVvi11, 3 upon the termination of tale lease by forfeiture or lapse of titre$ 4 yield up Immediate possession of said demised proaloes to the Oity 5 er to pay, upon failure to do so, as liquidated damages for the 6 whole tbw such possession. Is frithheld, the sum of $900.80 per 7 month, but the provisions Of this clause shall not be ho2AL o • 8 waiver by said city of &W right of re -entry as hsstiinafter sat 9 forth, nor shall the receipt of said rent or any Pratt thereof 10 or any other act in apparent affirmance of the $enand?,* epesate 11 as a Waiver of the right to forfeit this lease, and the tVM 12: hereby grsatod for the period still unexpireds for any breach 13 of the covenants herein. 14� 15 In the event said Oompany shall default in any Of the 16 tertite, conditions or covenants hereof, and said default *pal 17 continue for sixty (80) days after notice thereof in writing to 18 Us Cospasuir, then and in either or aW of such events it *hall, 19 be lawful for the 01ty, at its election, to declass mid term 20 endod, and with or without process of laws to re- enter, and the 21 said -1 •..., Aespsuy and every peso.. ,_ r upon said premises or my 22 pax% thereof , to expel remove and put out using soh force 23 as may be nieeesary in so.doing, and to rsposssss sad enjoy 24 Bald premises without prejudice to any sights or resiedies whether 25 by statute or common law, which might be used for brei ,.of 26 . any terra, ooxenants or stipulation of this lea". In this . 27 oonneetion the Oospany waives any o"pensation ftp the forfeliaws 28 of said toss or the possession of said demised prses by the 29 city, in the event of the forfeiture of this lease for arty of the 30 31 32 LAW OFFICES OF ROLAND THOMPSON 210 SPURGEON BLDG. SANTA ANA. CALIF. onuses aforesaid, and hereby waives any.dsmea►d for 06 $pssession of the premises in the event of the forfeiture of this and agrees that say notice that the City may desire or is id r I 1 at any Since to give or serve upon 0e Oompany, with reference i 2 to the fesegoing ccveamanta, or any other ose in this lease, may 3 be sent by registered asU #,postage prepaid thereon, to the 4 Company, at such address as shall have been last furnished in 5 writing by the 0e0any to the City$ or may be left at such . 6 address in the ears of an employee of tho Company, or the City may 7 post said notice OOSVPAGUMIY for ton eeaseoutivo days upon the 8 said described promises, a" the giving of such notice in either 9 way above described shall i stituts a good, Buffioisnt and lawful 10 natioe in all oases where by thi.terme of this lease a notice 11 is required to be given by said lfity to the oompany. 12 )A, mmZWELTION. 13 The Company fu:thn covenants to and with.the City that 14 in the event said City shall without any fault on Its past. be 15 made a party to any litigation sommeneed by or against said 16 Company, that the Company will par all costs and reasonabl*n.. 17 attorney's fees incurred by or imposed upon said C1ty, by or 18 in oonnootion with said 11tigation, and the Company wiil pay 19 all costs and reasonable attorney's fees which may be ibourred 20 or paid by the City in enforcing the covenants of this lease,. 21 end all such costs and Attorney'% fees when paid by said City 22 shall be so much additional consideration for the ant Er lag: of 23 this lease. 24 it is further understood and agreed that the variete 25 rights and remedies herein contained and reser►ed to .VW 01ty, 26 shall not be ocnaldered as exclusive of any ether rig or remedy, 27 but the ease shall be construed as cumulative, and Khan be its 28 addition to every remedy now or hereafter existing at law. $a. 29 equity or by statute. No delay or admission of tits City to 30 exercise any right or power arias nf from any omission, or defsolt 31 of the Company, shall impair any such right or power - *.>. shall #a 32 construed as a waiver of any such dofwa% or any acquresoenre th LAW OFFICES OF . ROLAND THOMPSON 2 BLDG. - SANTA TA ANA. CALIF.yQ� 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OP ROLAND THOMPSON 210 SPURGEON BLDG. SANTA ANA. CALIF. t in'. No waiver of the tpih of any of the oovenonts of thss loss* shall be construed or to be a waiver of any other breach or waiver Or acguiesssnus in or cament to any further or succeeding breach of the saw ecvenant. It is specifically understood and agreed tbA*.the Company may at its option art*" this lease for a year from and after the said 19th day of March. 'V45, by notifying the City in writing Of its intention so to do and paying the first momth's rental for said extended period of %ark, said ort nsion to be an the BUM tares, ooaditions and oovsnants as provided for in this 20&00, and in the event that said Company desires to oxeroiso its option for such extended period, it must do so by notifying the City in writing not less *an thirty days prior to the WU%tlon hereof, of its said intention. IN wITNICS8 W 8R$OV, the City of Newport Beash has this day O&Mod its oorporats nam to be signed sad its corporate seal to be affixed by its Mayer and City 01*rk thereunto duly authorised by Resolution of its City Council dated the day of _, 19" , and the party of the **send part, SOUTH COAST COMPANY, has bareuato caused its corporate name to be signed Vice and its oorgosats seal to be affixed by its/President and Secretary thereunto duly a shorisod by Resolution of its Board of Directors dd►tsd the day of �M.w��J , • 1944. By, +10.. Party of the First Part •° sa . *I1' Partat,.of the Second Part ty I City of Newport Beach Newport Beach California Gentlemen- 4FMr, ,.7-NAVY � TWENTY -THIRD AT CENTRAL AVENUE NEWPORT BEACH, CALIFORNIA TELEPHONE NEWPORT BEACH 2 -600 June 28, 1944 We are enclosing herewith lease covering the "City Camp Ground" which has been duly executed by officers of this company. We are also enclosing Performance Bond ir, favor of the City of Newport Beach, in accordance with Article 10 of subject lease. Yours truly, SOUTH COAST CO. Htitobard C. Howe Secretary HCH:r enc. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OF POLAND THOM PSON 210 SPURGEON BLDG. SANTA ANA. CALIF. THIS INDENTURE OF LEASE, made in duplicate this 20th day of March, 1944, by and between the CITY OF NEWPORT BEACH, a municipal corporation, party of the first part, hereinaftes referred to as the "City ", and SOUTH COAST COMPANY, a corporation, party of the second part, hereinafter referred to as the "Company" W X T N E 9 8 E T H: WHEREAS, the City of Newport Beach is the owner of harbor frontage, tidelands and certain uplands abutting thereon, all in the City of Newport Beach, Orange County, California, hereinafter more particularly described; and WHEREAS, in the judgment of the City Council of the City Newport Beach it is for the best interests and welfare of said city and the residents thereof, to lease said lands hereinafter described to the Company, for the purposes hereinafter set forth, and under the terms and conditions of this lease; and WHEREAS, in the judgment of the City Council of the City Newport Beach, the use of the harbor frontage, tidelands and up- lands abutting thereon hereinafter described, for industrial uses as herein specified, would be for the beet interests of said City in that said uses will promote navigation and fishery and harbor development in the City of Newport Beach, and further will aid in the defense program of the United States of America; and WHEREAS, it is the judgment of the City Council of the Ci of Newport Beach that the leasing of said lands to the Company upon the conditions in this agreement specified, is not inconsistent wit; the trust imposed upon such tidelands, or inconsistent with or opposed to the law in such oases made and provided;'and WHEREAS, a portion of the lands hereinafter described constitute tidelands and water frontage and a portion thereof constitute uplands abutting thereon; and _1_ i 1 WHEREAS, in the judgment of the City Council of the 2 City of Newport Beach said uplands cannot be used without said 3 tidelands, nor can said tidelands be used without the uplands 4 abutting thereon, and it is further the judgment of the City 5 Council of the City of Newport Beach that the leasing of the 6 whole of said lands hereinafter described as one parcel is 7 necessary for the proper development and use of said lands, water 8 frontage and tidelands, and for the proper development of Newport 9 Harbor and the City of Newport Beach. 10 NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH: 11 That the City, for and in consideration of the rents herein 12 reserved, and the covenants and agreements herein contained, on 13 the part of the Company to be kept and performed, has demised and 14 leased and does by these presents demise and lease unto the 15 Company that certain real property situated in the City of Newport 16 Beach, County of Orange, State of California, and more particularly 17 described as follows, to -wit: 18 A portion of Lot 4, Section 33, Township 8 South, 19 Range 10 best, S.B.B. do M., and certain filled tidelands described as follows, to -wit: 20 Beginning g g at a point in the northerly pro - 21 longation of the easterly line of 18th Street, as said street is laid out and shown upon a 22 map of Section B, Newport Beach, recorded in Book 4, page 27 of Miscellaneous Maps, Records 23 of Orange County, California, which point 1s 20 feet northerly of the northwesterly oor- 24 ner of Block 117, as shown on said map of Section B; running thence northerly along 25 the northerly prolongation of said easterly line of 18th Street to an intersection with 26 the U. S. Government bulkhead line between Station 118 and Station 119, as said bulk - 27 head line is shown upon a map entitled "Harbor Lines, Newport Bay, Newport Harbor, 28 California ", approved May 2nd, 1936 by the Secretary of War, and on file in the office 29 of the U. S. District Engineer of Los Angeles, California; thence easterly along said bulk - 30 head line to an intersection with the northerly prolongation of the easterly line of Lot 13, 31 Block 115, as shown upon a map of Tract No. 234, recorded in Book 13, pages 36 and 37 of Mis- 32 cellaneous Maps, Records of said County; LAW OFFICES OF RO LAND THOMPSON 210 SPURGEON SLOG. SANTA ANA. CALIF. -Q- �J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 thence southerly along the said northerly prolongation of the easterly line of said Lot 13 to an intersection with a line 30 feet northerly of and parallel with the northerly line of said Block 115; thence westerly in a direct line to the point of beginning. This lease is made upon the following rentals, terms, conditions and covenants between said parties and as follows, to -wit; 1. 05 8 FOR WHICH LANDS MY BE USED. It is understood and agreed between the parties hereto that the lands hereby let, demised and leased shall be used only for the purpose of doing work for the United States erpment or any department of the Federal Government, or any cotmtzy or countries friendly to the United States Government, in th4 assembling, construction, reconstruction, conditioning, re ...... _. conditioning and repair of boats, vessels, war craft,, war vessels, auxiliary war craft and other vessels necessary or useful to the national defense. 2. T_r= OF LEASE. It is understood and agreed between the parties here4j. that the term of this lease shall be one year, commencing as of the 20th day of March, 1944, and ending as of the 19th--day of March, 1945, and the rentals shall be fully paid at the tine and in the manner hereinafter specified. 1. RENTAk The Company covenants and agrees to pay to the City as rent for said demised premises the sum of $700.00 per iikath during each and every month of the term hereof. Said rental shall be payable in lawful money of the United States. hereunder shall be paid by the Company to the advance on or before the 80th day of each and the term hereof, commencing on the 20th day o except that the sum of $700.00 being the rent LRW OFFICES OF ROLAND THOMPSON -�- ' 2I0 SPUAGEON BLDG. SANTA ANA, CALIF. The rentals ,W City monthly in every month.during C March, 1944, for the f*st month 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OF ROLANO THOMPSON 210 SPURGEON BLDG. SANTA ANA. CALIF. .I G of the term hereof shall be paid upon the execution hereof, re- ceipt of which is hereby acknowledged. 4. TAMPS M2 ASSESSM MTS. The Company shall pay all taxes and assessments of every nature, description or kind levied or assessed against its Personal property located on said described premises, as well as all improvements by it placed thereon, together with all water rates, meter rates and other charges levied, imposed or assessed against said demised premises or any part thereof, 5. COMPLIANCE V(ITH LAWS. The party of the second part shall comply with all building laws, ordinances, regulations of the City of Newport Beach, and all laws and regulations of the United States Govern- went and State Government in the conduct of its business an said demised premises. 5. PRESENT .DWRMMTS ON PROPERTY. It is understood and agreed between the parties here% that the property hereby leased and demised is at present used by the City of Newport Beach as a camp ground and has been fully equipped as a public camp ground with buildings, pipe lIfts, public utilities, toilets, lavatories, wash tube, electrieiik wiring, and other improvements and fixtures, a list of which is hereinafter mentioned. It is further understood and agreed that said party Of the second part may use said improvements during the term of this lease but at the expiration thereof shall return said improvW ments to the City of Newport Beach in the same condition and repair as the same are at the present time; that if any Improve- ments are removed, and the party of the second part iaeby given the right and privilege of removing improvements, or if any improvements shall be altered, changed or damaged, the party of the sedond part shall pay to the City Immediately upon the _.w.. n� I removal thereof, the value thereof in accordance with the 2 schedule of valueefollowing this paragraph, and in the event 3 of damage or other injuries to the improvements the party of 4 the second part shall pay the reasonable value thereof as of 5 this date and in accordance with the schedule of values herein 6 referred to. 7 SCHZDULE OF SUES 8 as of March 5. 1943. 9 10 4 - Cook houses 18, x 301, with concrete aprons, at 11,300.00 ..................... $ 50200.00 11 3 - Comfort Stations with showers, 941 x 281, 12 with concrete aprons, at $2,700.00....... 8,100.00 13 1 - Garage, 201 x 201 ........................ 500.00 14 Overhead lighting system ....................... 700.00 15 Water -pipe system .............................. 500.00 16 Electrical conduit system along fence.......... 420.00 17 Roadway, 60,000 square feet .................... 40200.00 18 Fence, 940 lin. ft . .. ......................... 940.00 19 20 Total ............................ a 20,560.00 21 7. PLANT AiD MACRINERY, ETC• Nom$ MWQVAL MREOF. 22 It is agreed and understood that the title and ownership 23 of any machinery, tools, equipment, buildings and other property 24 of any kind or nature which Company or the Government of the 25 United States, or any federal agency may place or bring upon the 26 demised premises during the term hereof, shall remain in the Comp; 27 or the Government of the United States, or any federal agency 28 as the case may be, and shall be and remain strictly personal 29 property and retain its character as such no matter whether on 30 permanent foundation or in what manner affixed or attached to any 31 building or structure or to the land, or what may be the con - 32 sequences of its being disturbed on such foundation, building, LAW OFFICES OF ROLAND THOMPSON 210 SPURGEON BLDG. SANTA ANA, CALIF. -� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 l LAW OFFICES OF ROLAND THOMPSON 210 SPURGEON SLOG. SANTA ANA. CALIF. structure, or land, or for what purpose the same may be used. Notwithstanding anything to the contrary herein contained, the Company or the Government of the United States, or any federal agent as the case may be shall have the right at any time, whether before or after the termination of this lease, or any extension or extensions thereof, and regardless of the cause of such term- ination, to remove from said demised premises said property which Company or the Government of the United States or any federal agency as the case may be, have placed or brought on said demised premises as aforesaid. $. RIGHT &I C TY TO PURCHASE JWWLV=WT8 PLACED ON The party of the first part, City, is hereby given the right and privilege of purchasing any and all improvements placed on said premises by the Company at the termination of this lease at its then market value, provided such company shall own said improvements, and if the City and Company are unable to agree upon the reasonable market value thereof the same shall be submitted to a board of three arbitrators, one to be chosen by the Company, one to be chosen by the City, and the two arbitrators so chosen shall select a third arbitrator, and the award of any two arbitrators shall be final and binding on both the City and the Company. .a. COMPANY TO IELIVER PREMISES JV GOOD CONDITION. Company covenants and agrees that upon the termination of this lease, whether by expiration of time or otherwise, it will surrender and deliver up the demised premises and the now existing, improvements thereon, to the City in as good condition as when received by the Company from the City. 100. BOND FOR F T PERFORM,AX09. The Company agrees, upon the execution of this lease, to furnish to the City a surety bond in the sum of $5,000.00, Y 1 guarantying the faithful performance of each and every term and 2 i condition of this lease, including the payment for improvements 3 removed, damaged or destroyed, which bond shall be in form approve 4 by the City Attorney of the City of Newport Beach, and said bond 5 shall also be approved by the City Council Of the City of Newport 6 1 Beach at the time of the execution of this lease by it. 7 11. ASSIGN)UNT OF VASE. 8 The Company further covenants and agrees with the City 9 that it will not assign this lease or any interest therein, 10 without first obtaining the written consent of the City for such 11 assignment, and the Company further agrees in this connection not 12 to sublet said demised premises or any part or portion thereof, 13 without the written consent of the City. 14 The Company further covenants and agrees that it will not 15 mortgage said leasehold interest or any of the improvements 16 thereon, or to be placed thereon, without the express written 17 consent of the City first had and obtained. 18 In the event of bankruptcy or insolvency Of the Company 19 this lease shall absolutely terminate and become of no further 20 force or effect for any purpose whatever, and the City shall have 21 the right and is hereby given the right and privilege a re -entry 22 as in this lease provided for. 23 12_. IQ TYI S COVINANT a PEACEM WOYMENT. 24 The said City hereby covenants and agrees that the Company 25 performing the covenants, terms and conditions of this lease on 26 the part of the Company to be kept, observed and performed, may 27 and shall have the right at all times during the term of thin 28 lease, to quietl y and peacefully hold, possess, use, occupy anal 29 enjoy said leased land and 3 y premises and all improvements which 30 may from time to time be placed therein, Under and by virtue of 31 this lease. 32 LAW OFFICES OF - rf ROLAND THOMPSON 210 SPURGEON SLOG. SANTA ANA. CALIF. I 1 113. LIQUIDATED DANA 2 The Company farther covenants and agrees that it will, 3 upon the termination of this lease by forfeiture or lapse of time, 4 yield up immediate possession of said demised premises to the City, 5 or to Pay, upon failure to do so, as liquidated damages for the 6 whole time such possession is withheld, the sum of ;$700.00 per 7 month, but the provisions of this clause shall not be held as a 8 waiver by said city of any right of re -entry as hereinafter set 9 forth, nor shall the receipt of said rent or any part thereof 10 or any other act in apparent affirmance of the tenancy, operate 11 as a waiver of the right to forfeit this lease, and the term 12 hereby granted for the period still unexpired, for any breach 13 of the covenants herein. 14 14. NOTION. 15 In the event said Company shall default in any of the 16 terms, conditions or covenants hereof, and said default shall 17 continue for sixty (60) days after notice thereof in writing to 18 the Company, then and in either or any of such events it shall 19 be lawful for the City, at Ste election, to declare said term 20 ended, and with or without process of law, to re- enter, and the 21 said Company and every person In or upon said premises or any 22 part thereof 9 to expel. remove and put out, using such force 23 as may be y necessary in so doing, and to repossess and enjoy 24 said remises without P prejudice to any rights or remedies whether 25 by statute or common law, which might be used for breach of 26 any term, covenants or stipulation of this lease. In-this 27 connection the Company waives any compensation for the forfeiture 28 of said term or the ossession of said demised p premises by the 29 City, in the event of the forfeiture of this lease for any of the 30 causes aforesaid, and hereby waives any demand for the possession 31 of the premises in the event of the forfeiture of this lease, 32 and agrees that any notice that the City may desire or is requir8d LAW OFFICES OF ROLAND THOMPSON 210 SPUNGEON BLOG. SANTA ANA. CALIF. -� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OF ROLAND THOMPSON 210 SPURGEON BLUE. SANTA ANA, CALIF. • / / at any time to give or serve upon the Company, with reference to the foregoing covenants, or any other one in this lease, may be sent by registered mail, postage prepaid thereon, to the Company, at such address as shall have been last furnished in writing by the Company to the City, or may be left at such address in the care of an employee of the Company, or the City may post said notice conspicuously for ten consecutive days upon the said described promises, and the giving of such notice in either way above described shall constitute a good, sufficient and lawful notice in all oases where by the terms of this lease a notice Is required to be given by said City to the Company, 15. COSTS OF LITIGATION. The Company further covenants to and with the City that In the event said City shall without any fault on its part, be made a party to any litigation commenced by or against said Company, that the Company will pay all costs and reasonable attorney's fees incurred by or imposed upon said City, by or In connection with said litigation, and the Company will pay all costs and reasonable attorney's fees which may be incurred or paid by the City in enforcing the covenants of this lease, and all such costs and attorneyls fees when paid by said City shall be so much additional consideration for the granting of this lease. It is further understood and agreed that the various rights and remedies herein contained and reserved to the City, shall not be considered as exclusive of any other right or remedy, but the same shall be construed as cumulative, and shall be in addition to every remedy now or hereafter esieting at law, in equity or by statute. No delay or admission of the City to _ exercise any right or power arising; from any omission, or default of the Company, shall impair any such right or power, or shall be construed as a waiver of any such default or any acquieseenee T 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OF ROLAND THOMPSON 210 SPURGEON BLDG, SANTA ANA, CALIF. in. No waiver of the loFeach of any of the covenants of tku,,,lease shall be construed or held to be a waiver of any other blo or waiver or acquiescence in or consent to any further or eucoiwAng breach of the same covenant. �6. XTEN9 It is specifically understood and agreed that the Company may at its option extend this lease for a year from and after the said 18th day of March, 1945, by notifying the City in writing o Of its intention so to do and paying the first month's rental for said extended period of tines, said extension to be on the same terms, conditions and covenants as provided fox in this lease, and in the event that said Company desires to exercise its option for such extended period, it must do so by notifying tbe. City in writing not less than thirty days prior to the expiration hereof, of its said intention. IN WITNESS WHEREOF, the City of Newport Beach has this day caused its corporate name to be signed and its corporate seal to be affixed by its Mayor and City Clerk thereuntp duly authorized by Resolution of its City Council dated the SG___, day oP —%N W , 1944, and the party of the second part, SOUTH COAST OOMPANY, has hereunto caused its corporate name to be signed Vice and its corporate seal to be affixed by its /President and Secretary thereunto duly authorized by Resolution of its Board of Directors elated the _U...._ day of D sL , 1944. CITY OF NEWPORT BEACH -10- // Party of the First Part SOUTH ,0OAST COVANY, of the Second Part City President ^ PA El 0 CO 43 14 0 4 aj co Cl ^ i Standard Accident Insurance Company DETROIT, MICHIGAN LEASE BOND MCK ALL MEN BY THESE PRESENTSt That we, SOUTH COAST COURANY, a California Corporation, having its place of business in the City of Newport Beeche California, as Principal, and STANDARD ACCIDENT INSURANCB CCAdFANY, Detroit, Michigan, a corporation organized and existing under the laws of the State of Michigan, as Surety, are held and firmly bound to the City of NMWRT BEACH. CALIFCRNSA, as Obligee in the sum of Five Thousand and no/100 - - ($_%000.00) Dollars, lawful money of the United States of America, for payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SEALED WITH OUR SPALS and dated this 23rd day of June , 19440 WHEREAS, the above bounden SOUTH COAST O ANY has entered into an Iffienture of Leese dated the 20th day of Merch, 1944, covering the leasing of certain real property situated in the City of Newport Beach, County of Orange, State or California, more particularly described in the Indenture of Lease, copy of Which is attached hereto and by this reference made a part hereof. NDW, THEREFORE. the condition of this obligation is such, that if the said SOUTH COAST C0UPANY shall wall and faithfully perform all of the covenants in said Indenture of Lease, then this obligation to be null and void; otherwise to remain in full force and effect. This bond is executed and accepted upon the following express conditions precedents le That the City of Newport Beach shall notify the surety by registered letter, addressed and mailed to its Home Office, of any breech of said lease within a reasonable time after such breach, which shall come to the knowledge of the City of Newport Beach. 2, That all suits at law or proceedings in equity to recover on this bond must be instituted within twatve months following March 199 1945- 3• It is expressly agreed and understood that this bond shall definitely expire on March 199 1945• IN WITNESS WBERHOF, the Principal and Surety have hereunto set hands and seals the day and year first above written. SOUTki C COMPANY Hubbard C. Howe, Secretary STANDARD ACCIDENT INSURANCE COMPANY ATTESTS y/ yttorney -in -fact Attorney- 1nrYact :'EatprvwLL :, obarga IG:L tnie bond is 4L9Z4,,O- .- -_,... c t, ,1 :'EatprvwLL :, obarga IG:L tnie bond is 4L9Z4,,O- .- -_,... c ti 'ti J z 0 w a e U o w y O C F a r U h a W cIfIf 71 `b h C b r y b e O Ib bds o E • O .dp � C o 3 4 s rb h O b C i C C O b o C b d O 3 e ro r` s C v o y •� C °1 rt 5 C O O t " T C O O C Q q o C O k N s` dr v d4 A mil` a E � r b d 3 o c •Cb Zy b 00 C >-0 -0 b tl v 'G O y O C W V C " W 4r x .b h b 2v 3 cc` zc Vf :S11J O A N N C 6 0 Y w f u 0 3 . O z Y U Q 0 2 0A 0a � )7 §k )k /0!( ;m) . tJ} ®) {) %/} |x! § J \rA \\ )) o§ (( Q/ k $ ! a / 7 2 k � § � !� ! § � \k Z� -- .. - 9 ,2_ L� 1 OPTI R LEASE 2 3 THIS AGREEMENT OF OPTION made in duplicate %bia. 5th 4 day of March, 1943s by and between the CITY OF NEWPORT BEACH, 5 a municipal corporation, party of the first part, and SOUTH 6 COAST COMPANY, a corporation, party of the second part, 7 8 ° ° ° IiI�NESSETH o 0 0 9 That for and in consideration of the sum of Five Hundred 10 Dollars ($5CO), the receipt of which is hereby acknowledged, said 11 party of the first part agrees to lease to the party of the second 12 part at any time that it may demand on or before May 5, 1943, on 13 the conditions, covenants and agreements hereinafter set forth, 14 for the consideration or rental hereinafter provided for, that 15 certain real property situated in the City f Newport 16 y Beach, County of Orange, State of California, more particularly described 17 on Exhibit "A" attached hereto and made a part hereof, 18 19 It is understood and agreed between said parties as follows: 1. TERM OF OPTION 20 21 It is understood and agreed that this option must be 22 exercised by the party of the second part on or before the 5th 23 day of May, 1943, and upon second party's failure to exercise 24 said option on or before the date mentioned, this option shall 25 thereafter become of no further force or effect for any purpose 26 whatever, unless this option shall be extended for thirty (30) 27 days as hereinafter provided, 28 2. EXTENSION OF OPTION 29 This option to lease may be extended from and after the 30 5th day of May, 1943, by the party of the second part tendering to 31 the party of the first part on or before the let day of May, 1943, 32 the sum of 1750.00, said extension to be for thirty (30) days, and LAW OFFICES OF II ROLAND THOMPSON 1 VO SPURGEON SLOG. S SANTA ANA. CALIF. 1 2 3 4 5 6 7 8 9 10 11 12 • 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OF ROLAND THOMPSON 210 SPURGEON BLDG. SANTA ANA. CALIF. shall expire on June 5, 1943, and in the event this option shall be so extended, it shall be upon the same terms, conditions and covenants hereof, and the party of the second part shall have to and including the 5th day of June, 1943, in which to exercise this option in the event of such extension as herein provided for. 3. CONDITIONS AND COVENANTS OF PROPOSED LEASE If the party of the second part shall exercise its option by notifying the party of the first part in writing on or before the 5th day of May, 1943, or in the event this oration shall be extended, on or before the 5th day of June, 1943, of its intention to exercise this option, then and in such event the party of the first part agrees that at the next regular meeting of the City Council of the city of Newport Beach thereafter, it will execute a lease in favor of the party of the second part in form as attached hereto, marked SPECIMEN LEASE, and made a part hereof for all purposes, to the same extent and purpose as if all the terms, conditions] and covenants and recitals were herein set out in full, provided the party of the second part shall tender to the party of the first part the first month's rental as in said lease provided, and shall furnish the bond provided for in said specimen lease. 4. OPTION SHALL NOT BE ASSIGNED This option shall not be sold, assigned or transferred to any corporation or person whatever during the term hereof by the party of the second part, except on written consent of the party of the first part. 5. PROVISIONS FOR LIQUIDATED DAMAGES The party of the second part covenants and agrees that it will enter into an agreement cancelling this option with the City of Newport Beach if it fails to exercise the same within the time herein set forth, or any extension thereof, and further agrees 20 ; II . V, 1 that if it shall fail to do so, that it will pay as liquidated 2 damages to the City of Newport Beach the sum of $600,00, which 3 sum of money shall oe made a part of any judgment entered against 4 the party of the second part in relation to this option. 5 5. PROVISION AGAINST RECORDING 6 Said party of the.saeond part specifically agrees that it 7 will not record this option during the term hereof and that any 8 recording of said option shall be a violation of the terms hereof 9 for which the party of the second part shall be liable and 10 responsible for liquidated damages mentioned in the previous 11 peragrap h. 12 6. TERMINATION OF OPTION 13 It is specifically understood and agreed, anything to the 14 contrary herein notwithstanding, that tneparty of the second part 15 may at any time prior to May 5, 1943, or in the event this option 16 is extended as herein provided, at any time prior to June 5, 19431 17 terminate this option by delivering to the party of the first part 18 Its copy of said option showing the same to have been duly can - 19 celled, and at the same time giving to the party of the first part 20 a quitclaim deed to the real property herein described. 21 22 23 2411 IN WITNESS WHEREOF, the party of the first part has 2511 hereunto caused its corporate name to be signed and its corporate 26 II seal to be affixed by Its, Mayor and City Clerk thereunto duly 27 authorized by resolution of its City Council dated the 28 day of , 1943, and the pa rty of the second part 29 has hereunto caused its corporate name to be signed and its 30 corporate seal to be affixed by its President and Secretary 31 32 LAW OFFICER OF R ROLAND THOMPSON 210 EPUXGEON BLDG. SANTA ANA. CALIF. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OF ROLAND THOMP50N 210 SPURGEON SLOG, SANTA ANA. CALIF. thereunto duly authorised by resolution of its Board of Directors dated March_, 1943. 4. CITY OF NEWPORT BEACH, Party of the first part SOuTH COAST COMPANY, Mayor City Clerkj Party of the second part ._ t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17' 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OF ROLAND THOMPSON 210 SPURGEON BLOC. BANTA ANA. CALIF. I,:. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) '' On this day of March, 1943, before me, the under- signed, a Notary Public in and for said County and State, personally appeared WALTON MWARD, JR., known to me to be the President, and HUBBARD C. HOVE, known to me to be the Secretary of SOUTH COAST COMPANY, the corporation that executed the within Instrument, and 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 same. WITNESS my hand and official seal. Notary Public in and for said County and State My Commission Expires Feb. 4, 1947 ( (SEAL)) 5, 1` 2 3 4. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OF ROLAND TNOMPSON 210 SPURGEON BLOC, SANTA ANA. CALIF. THIS INDF21TUn OF LEA U, made in duplicate thi/ day of 19438 by rnd between the CITY OF NSWOAi BEACH, At municipal corporation,, :..arty of thQ first :part, hereinafter referred to as the "City ", and SOUTH COAST VIMPs'ANY, a corporation, -tarty of the second part, hereinafter referred to -s the "Company ". 'Ali RESa1T.11=. WHETS, the City of 13evnirt Be ^ch is the owner of harbor frontage, tidelands and certain unlande abutting thereon, all in the City of hewoort Be:eh, Orange County, California, hereinafter more nartieularly described; and 14 '-VA3, in the judgment of the City Council of the City of Uswoort Beasts it is for the best interests and welfare of skid city and the residents ther =of, to lease said lands hereinafter described to the Com-ctany, for the pur-oses hereinafter set forth, and under the terms and conditions of this lease; and HEt`iEAS, in the judgment of the City Council of the City of i=ewPc*t Beach, tte use of the harbor frontage, tidelands ana up- lands abutting thereon hereinafter described, for industrial uses I herein specified, would be for the best interests of said city In that spid uses will promote navigation and fishery and harbor development in the city of Ne"port Beach, and further will aid in the defense program of the United States of America; and M4 AS, it is the judgment of the City Council of the City of Newr,ort Beach that the leasing of said lands to the Com,Fany upon the conditions in this agreement specified, is not inconsistent with the trust imposed upon such tidelands, or inconsistent with or opposed to the law in such cases made and provided; and 1 1 4lfiERa�B, a on of the lands hereinafter described constitute tidelands and we�#er frontage and.a portion thereof 3 ennetituts uplands _butting thereon; and 4 WHEREAS, In the ud ,1 gmsnt of tt� City Council of the 5 City of Newport Beach said uplands aennot be used without e:id 6 tidal:n:ds, nor can grid tidelands be used vFithout the uplands 7 abutting ts;ereon, and it is further the judgment of the City 8 Council of the City of Neavrnrt Beach that the leasing of the 9 v ole of said lands hereinafter described ss one parcel is 10 necessary or the ry pro;rs r development and use of said lands, eater 11 frontage and tidelands, and for the prover development of Nelonort 12 Farbor and the City of Rewport.Be.ch, 13 14 :toil, TNEREFORE, TINS A4REEMLNT FURTHER WITRES',E N: 15 Th:,t the City, for and in consideration of the rents herein 16 reserved, and the covenants and agreements herein eont ^fined, on 17 the ?part of the Com;rny to be kept and oerformed, has demised and 18 le -eed and does by these presents demise and lease unto the 19 Company th t certain real oro,,erty situated in the City of ;,'e port 20 21 Bel.-oh, County of Orange, State of California, and more particularly 22 described as follows, to -wit: 24 All of Lots 3, 4, b, 6. 7, 8, 9 rand 10 in Block 117# as shown upon mao of Section "B ", 25 Newport Leeot,, recorded In uoi,k 4. page 27 of Miscellaneous twaps, Records of Orenre County, 26 California and a narce; of iaad being a portion of Lot 4, section `3, Township 6 South, Range 10 27 West, 5. B. B. & i-i„ sac; certain filled tidelande described as follows, to -waitt 28 29 30 31 32 LAW OFFICES OF ROLANO THOMPSON 210 SPURGEON BLDG. BANTA ANA. CALIP. Beginning at a point in the nortrlarly pro - longation of the ef.csteriy line of 16th Street, as said street Is laid out and shown upon a mpn of :+ection B. Newport Leach, recorded in Book 40 page 27 of Mieeellereous vfa.ns, Records of 'rsnzza County, California, which point is 20 feet northerly of the northwesterly corner of Block 1170 ab shown on said meo of Section B; running 2 - t II 1 1 thence northerly ale ;,the northerly nrolonga- 2 Lion of €aid esste ine of 16th Street to an . Intersection :with';_ 11% S. Government bulkhead 3 line between St, t"n 118 =nd Station 114, as said bulkhead line is shown upon a man entitled 4 Siiarb,Ir Lines, Nevr�ort Hay, Newport Harbor, CFlifo mia", approved May 2nd, 1936, by the 5 Secretary of star, and on file in the office of the U.S. DistAct Engineer of Los Angelps, 6 California; ti,ence sasteriy �1oag said bulk- head line t are intersection with the northerly 7 prolongation of t.ae sasterly line of Lot ]d6, Block 115, as shown upon a man of Tract No. 8 234, recorded in Book 13, napes 36 and 37 of Miscellaneous Ka;)s, deeordo of said County; 9 tn;ance southerly al.onr the F. =1d northerly prolongation of the e--st -rly line of Enid Lot 10 13 to an intersection ,?_p, -:. line 20 feet norV'P riy of and nartMel wit F, the northerly 11 ling i�f r iid Block 115; tR.ence westerly in a direct line to the point of 'beginning. 12 13 14 15 This lease to made upon the following; rentals, terms, 16 conditions and covenants between Said narties and as follows, 17 to -wit: 18 1_ PURP0513 FOR w; lC i,.ANDS MAY BE USED 19 It is understood and agreed between the x:arties hereto 20 thfA the lands hereby let, demised and leased shall be used only 21 for the cur ^.oee of doing work for t''. -� United States Government 22 or any department of the Federal Government, or any country or 23 countries friendly to the United States Government, in the 24 assembling, oonstruction, reconstruction, conditioning, re- 25 conditioning and renstir of boats, vessels, sear craft, war vessels, 26 auxiliary war erpft and other vessels necessary or useful to the 27 national defense and /or the manufacture or assembly of harts 28 29 therefor, and any other business on r--.Id demised -remises is 30 hereby specifically prohibited. 31 32 3 - LAW OFFICES OF ROLAND THOMPSON 210 SPURGEON BLDG. SANTA ANA. CALIF. 11 2 3 1. A 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OF ROLAND THOMPSON 2tO SPURGEON BLDG. SANTA ANA. CALIF. 2. TERM OF LEASE It le.understood and agreed between the parties';: hereto t,3rm of this leave be two yerre rx. and mi AaWk bf date or the eNeootlon: reur, nroviued el-, ti-e %arms and conolt, h9V00r exial I be fully kept, observed 7 nd ;�•fc.)r,2ed by the 0-lmnany and the rentals *bell `JLI folly pria t. t, e tiras &nd'1&,'the r,ianner "OVeinafteP soocified. The com7li':41Y Q0v@W'2t2 and n�xees to to the City as rent for &;I -mispd Ire lse tie eum Of '750.001 nor t:i,,- nth 4 each and every monv. of the Sam ill -raof. Said rental shall ue )ayeblo In lawful inolley of the ''-,Uted Btattr. The rentals 8h9ll be wain by V-:e Company to ti .,e City monthly in Auv,-4iao GO or before t I he 5th d&y of each rid every month during the tem hereof$ Co aspnoing on tY.e � jay of Oxcs'%t thst the Bum of -7W,00 be.ing the rent fir the fret m-nth at t_ 'e term hereof eiiall be .raid upon the 0"MutiOn hereof, recell)l or vhlota Is hereby acknowledged. The Compmny v,all P-L�S- all ts"@ AnU E:vuss&menta ,,f every nc= .ture, d9sorlo-ti on or r lcn levied Dr sesearod against its nerr.onal pro ;arty loIN.,tqcj on vfj- do-ftoribed :,-,remisop, as well all, 1:aproveaients by it pipeed ttaen gin, to)-.:ether witt, p,l v;,iter rn-teR, ..inter rates a. ju othe:,r 01:8rgea lavled, 4:.;z'opeu or aPeessed aesinat aealoed nrtwalses -ir uny --,art the!-fof. 5. The tta Second .,ort 1 Isve, ordinances, regulations of the city of I,' e•,*nort Beach, end 2 all lave and regulations of the United stater Government and 3 II$tate Government in the conduct of its business on said dereieed 4 premises. 5 6. P "S9NT INIf'ROVMENTS ON FNWKRTY 6 It is understood and agreed between the parties hereto that 7 the property hereby leased and demised is at present used by tH,* 8 City of Newport Beach as a camp ground and h,-,a been fully equipped 9 as a public camp ground with buildings, pipe lines, public 10 utilities, tollete, lavatories, wash tube, electrical wiring, and 11 11other improvements and fixtures, a list of which is hereinafter 1211mentiuned. 13 II It is further understood and agreed that said 1)arty o• the 14 second part may use said imirovements during the term of this 15 lease but at the expiration thereof shall return said imerovements 16 to the city of Ne"ort Beach in the same condition and re"a it as 17 the same are at the present time; that if any improvements are 18 removed, and the party of the second nart is hereby given the right 19 v,nd privilege of removing Improvement@, or if any improvem-nts shall 20 be altered, changed or damaged, the party of the second Dart shall 21 Pay to the City immediately upon the removal therQaf, the value 22 thereof in accordance with the schedule of values following^ this 23 paragraph, and in the event of damage or other injuries to the 24 25 im- rovements the party of the second part shall pay the reasonable 26 clue thereof as of this date and in accordance with the schedule of values herein referred to. 27 28 29 30 31 32 - 5 - LAW OFFICES OF ROLAND THOM PEON 1210 SPURGEON BLDG. SANTA ANA. CALIF. ,f 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OF ROLAND THOMFSON 210, OFYNO60N BLDG. SANTA ANA. CALIF. s �I 4 - Cook houses tt 18' x 30l, with concrete aprons, at X61390.00 - - - - - - - - - - - - -a 5200.00 - Comfort Stations with showers, 241 x 2810 with oonorete aprons, at I2400.00 - - - - - - 8100.00 1 - Garage, 20' x 20' - - - - - - - - - - - - - 500.00 Overhead lighting system - - - - - - - - - - - - - 700.00 watdr-pioe system - - - - - - - - - - - - - - - - - 500.00 Electrical conduit system along fence - - - - - - - 420.00 Roadway, 60.000 square feet - - - - - - - - - - - - 4200.00 Fence, 94011n. ft. - - - - - - - - - - - - - - - - 940.00 Total - - - - - - - - - - - - -- $20,560.00 7. PLANT AND KACH"IN gy, 4TC ^A'U RZ OM TIIMi'Vr It is agreed rnd understood that the title and ownership of any machinery, tools, equi-)ment, buildings and ether rronerty Of any kind or nature which Com�mnny or the Government of the United States, or puny federal agency may »lace or bring upon the demised Oremises during the term hereof, shall remain in the Company or the xovernment of the United States, or any federr:l agency as the ones Ray tie, and shall be and remain strictly -e rsonal - ruperty rend -etain its character ..e such no muter whether on permanent 'oun;atlon or in what manner affixed or attached to any building rr structure or to the land, or what may be th -. consequences of its reing disturbed on such foundation, building, structure, nr land, Ir for what -purpose the acme may b? used. !Notwithstanding anything o the contrary heretn eOntained, the Company or the Government f the United utates, :'r any federol =went as the came may be 1 halve thO, right at an. tSre, wrlethar before or rfter tilts - 6 - 1 21 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OP ROLAND THOMPSON .210 SPDSGEON BLDG. SANTA ANA. CALIF. termination of this lease, or any extension or extensions thereof, and regardless + -f the cause of such termination, to remove from said demised rx'emisee said pronerty which Company or the Govern— went of the United States or any federal agency �-e the case may be, have nlaced or brought on said demised nremises as aforesaid. 8. RIGHT BY CZTY TO PURCK%SF ItsFROYS+M NTS -LACED ON SAID PR2XISE i BY THE COMPMM. The party of the first part, City, is hereby given the right and privilege of purchasing any and all im-crovempnts placed on said premises by the Company at the termination of this lease at its then market value, urovided such eomorny at-tall own said Improvements, and if the City and Company -,re unable to agree upon Ole reasonable market value ther ^of the same shall be submitted to a board of three arbitrators, one to be chosen by the Comoany, one to be chosen by the City, and the two arbitrators so chosen shall select a third arbitrator, end the award of any veo arbitrators shall be final and binding on both the City and the Company. 9, COMPANY TC D$LITU PRV41S S IN OQU, CONDIT10"! Company covenants and rgrees th t upon the termination of t')is lease, whethar by expiration of time or otherwise, it will surrender and deliver up the demised Dremises and the now existing improvements thereon,,to the city in as good condition as when received by the Company from the City. 10, BOND FOR FAITHF" PERFORMAECE The Company agrees, upon the execution of this lesse, to furnish to the City a surety bond in the sum of $18,000.00, guarantying the faithful rerformance of each and every term and condition of this lease, including the payment for improvements removed, damaged or destroyed, which bond shall be in form aroro by the City Attorney of the city of Newport Beech, and said bond T 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OF .ROLANO THOMPSON .PIO SPURGEON BLOC. SANTA ANA. CALIF. shall also be approved by the City Council of the City of Newport B&a h at the time of the execution of this lease by it. 11. A55IQNUNT OF LEAaZ The Company further covenants and agrees with the City that it will not assign this lease or any interest the "Ing without first obtaining the written consent cf the City for such assignment, and the Company further agrees in this connection not to sublet said demised premises or any Data or portion thereof, without the written consent of the City. The Company further covenants and agrees that it Brill not mortgage said leasehold interest or any of the improvements the_: ­on, or to be vlAced thereon, without the eirnresa written consent of the City first had and obtained. In the event of,bankruptcy or insolvency of the Company this lease shall absolutely terminate and become of no further force or effect for any puraose whatever, and the City a':lr.:il have the right and is hereby given the right and privilege of re -entry as in this lease nrovlded for. 12. C1TY' C COVENANT OF r EACL UL ENJOYMr 34T The srid City hereby covenants and agrees that the Company performing the covenants, terms and conditions of this lease on the -art of the Company to be kept, observed and - erformed, may and shell have the right at all times during the term of this lease, to quietly •.nd peacefully hold, possess, use, occupy and enjoy said leased land and c,remises and all imArovementfi which may from time to time be placed therein, under and by virtue of this lease. 13, U=DATED DAMAGES The Company further covenants and agr3as that it x111, upon the termination of this lease by forfeiture or lapse of timel, Yield up immediate - •oesession of aAd demised ;aremiees to the City, ..g_ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ,f ,f 1� or to pay, upon failure to do so, as liquidated damages for the whole time such p0 ssese1013 1s withheld, the sum of 0760.00 per north, but the provisions of this clause shall not be held as a waiver by said city of any right of re -entry as hereinafter set forth, nor shall the reeei~1t of said rent or any part thereof* or any other act is apoarent affirmance of the tenancy, operate =,e 9 waiver of the right to forfeit this lease, end the term hereby granted for the period still unexpired, for any breach of the covenants herein. 14. Ii0T2CE In the event said Company shall default in any of the terms, conditions or covenants hereof, and acid default shalt continue for sixty (60) days after notice thereof in writing to the Com =ilany, then and in either or any of such events it shall be lawful for the City, at its election, to declare said term ended, and with or without - rocess of lax, to re- enter, and the sAid Company and every person in or upon said nremisea or any part thereof, to excel, remove and put out, using such forme as may be necessary in so doini;, and to repossess and enjoy said nremises vi thout nrejudlee to any rights or remedies whether by statute or common law, which might be used for breach of any term, oovenants or sti- ulr Lion of this lease. In "Ahis connection the Gomr.:any waives any 00mn"nsation for the forfeiture of said term or the possessi on of said devised premises by the City, in the event of the forfeiture of this la &se for any or`the causes aforesaid, end hereby Waives any demand for the possession of the promisee in the event of the forfeiture of thrvi lease, and agrees that any notice that the city aay desire or is required at any time to give or serve upon the Company, with referent to the foregoing covenants, or any other one in this lease, 7 be sent by registered mall, nostage prepaid ther°ton, to the LAW OFFICES OF II ROLAND THOMPSON n :YIO STURGEON BLDG. 21 SANTA ANA. CALIF. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a CoMpaay, at such addreos as shall have been last furnished in writing by the Company to the city, or W be left at such &ddress in the c ^re of an employee of the Company, or the city may post said notice conspicuously for ten consecutive days upon the said described prerieeeo and the giving of such notice in either way Above described ,ha L' constitute a Rood, sufficient and lawful notice in all eases where by the terms of this lease a notice Is re:;uired to be given by slid city to the company. 15. COST$ OF LXTIGATION The Company further covenants to and v1th the City that in the event said City shall without any fault on its part, be made a narty to any litigation comnanoed by or against ssAd Company, that the Company gill ?) &y all costs and reasonable ^ttorney's fees Incurred by or imposed upon said City, by or in connection Frith aQid litigation, and the Company will pay ell costs and reasonabloo attorney's fees which may be incurred or :aid by the City in enfarcing the covenants of this lessee and all such costs and attorney's fees when raid by said city shall be so much additional consideration for the granting of tris lease. It is ft.rther understood and agreed that the various rights and remedien herein contained and reserved to the city shall not be considered as exclusive of any other right or remedy but the same shall be construed as cumulative, and shall be in addition to every .remedy now or herf,after existing at lave in equity or by statute. No delay or admisrien of th4 City to Of any right or power arising from any neeission, or default 29 110 the Company, shall impair any ruck right or ;oatvr, or ehrll be 30 1Iconstrusd as a waiver of any such default or sny soquiesoenne there. 31 Ilin• No waiver of t },a breach of ,.ry of the covenants of this image 32IIshall be construed or held to be a -giver of any other breach or LAW OFFICES OF AOLANO THOMPSON .$10 SPURGEON BLDG. BANTA AN^, CALIF. I -10+ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OF ROLAND THOMVBON 210 SPURGEON BLDG. BANTA ANA. CALIF. waiver or acquiescence in or convent to any further or succeeding breach of the same covenant. 16. "TINSION It is eoecifically understood and agreed, anything to the contrary herein notwithatanding,, that the Company Is building beats for the United States Government or its allies or countries friendly to the united States of America, and that this lease is given to the Company is order to assist and aid the United States Government in its sur efforts and as an aid to National Defense Sind Offense, and that during the state of the national onergeney which at present exists, that this lease shall remain In full force and effect, at the rental of 1750.00 per month o hereinbefore provided, and as long thereafter as said Company shall build or construct boats, vessels or shall perform duties for the United States Government, or any of its agencies or sub- contractors, relative thereto, or any countries friendly with the United States, but said lease shall not extend for a period greater than that provided for by law. However, the Company may terminets this lease and deliver up possession of the demised premises to the City at any time after two years from the beginning of the term hereof by giving to the City a sixty days' prior written notice of its intention so to do, and upon the expiration of said sixty day re rlod, the Company shall vacate the demised Dremises in accordance with the terms and conditions hereof. After the two year term has expired as herein provided, said lease shall not be extended for a greater period than for they, existence of the national emorgeney aforesaid, and the comaletion of national emerp, nay contracts gforpsald, and for sixty days thereafter. -11- 11 2, 3, 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OF ROLAND THOMPSON 210 SPURGEON BLDG. SANTA ANA. CALIF. IN WITNE40 sr �.c >OF,;;, %he City of • ev -,ort Be ,oh .hap Vila day eaused:lte eorrorate name to be signed and its oornorate goal to be affixed by its Mayor and. City Clerk thereunto duly authorized by resolution of Ito City Council dated the day of , 1943s, iiad the tarty of the second r, =art, SOL11i QOA11T CWAI. Al4y, has hereunto caused its r_ornorsto name to be signed and its eornorate peal to oe affixed by its President and Secretar thereunto duly authorized by resolution of its Board of Directors 'slated $be day of , 1943. CITY OF ISr^, "WPORT BEACH By _ _. Mayor By City Clerk Frrt _if tr-. first hart SOUTH COAST ComPAhY, By ?"aident By Secretary .Party of the second port —12— Law Offices Roland Thompson City Attorney of Suite 210 Spurgeon Bldg. Telephone Ncu'fwrt Boach 2614 Santa Ana, California 1 November 8, 1944 Frank L. Rinehart, City Clerk Balboa California Dear Frank: Herewith enclosed please find the fol- lowing papers: 1. Original lease, Camp Grounds to South Coast Co. 2. Amendment to original lease, Camp Grounds, in duplicate, together with Resolution, in duplicate, which was passed at the last reg ,,,zIar meeting. 3. Original lease of certain docks and garages to South Coast Co., dated June 9, 1944, and amendment thereto, in duplicate, and accompanying Reso- lution, in duplicate, which was passed at the last regular meeting of the City Council. Hoping that you will find everything in order, I am Sin Roland Thompson RT:es encls. SOUTH (OAST CO. CENTRAL AT TWENTY-THIRD • NEWPORT BEACH, CALIF. • PHONE: NEWPORT BEACH 2600 A M _ NAVY Honorable City Council i'.e,rTort Beach California Gentlemen: November 6, 1944 Reference (a) Aest. Industrial Manat3er ltr. to South Coast Co., dated October 10, 1944. Due to a technicality in navy accounting practice the rentals on the City Camp Ground aid the three (3) City Piers on the highway can not be included as an overhead item Lt determining our repair contract labor rate. In accordance with reference (a) Mme have been able to have the above mentioned rentals a_;proved for inclusion in ors over'ead providing are receive a thirty (30) day cancellation clause. We therefore respectfully request that a thirty (30) day clause be added to the leases as an amendment or new leases inclucin, such a clause be t;raiin Up. It is not our belief or intention to execute said thirty (30) (lay clauses. Wa request this solely at the insistence J of the 2Tavy. Yo;u s very truly, S'J:"i'v 00A�.`- -- 00. By:4 G Hubbard 0. Hoge C �, President HCH :mr ... �:, _:a,=a3.,�......:.`.....u. ._...:.z_a.a�. `2:=�. _:...:...h:.u, � -•-- _,....,..d�Y.acco., >�. Zvi.. �. �t.. sSz$ zvc��, im. �sxaraar�im�.' m: nr .r�:..._.s�..:._:..:.:�,�...... I VICTOR R. HANSEN RALPH D. SWEENEY PROCTORS IN ADMIRALTY HANSEN t5 SWEENFY AITORN[A' Al iAW SUITF 842 TITLE INSURANCE BUILDING .SJ3 SOUTH SPRING SIRE E'I' LOS ANGELS 13, '44 MLTI`AI. 2242 4 November 1, South Coast Co. 23rd and Central Newport Beach, California Gentlemen: 1944 =� 9 '3 j :-4 L g SOUTH COAT RE: Lease Yarch 20, 1944 with City of Newport Beach I am enclosing herewith an executed copy of your Lease of March 20, 1944 with the City of Newport Beach together with copies of your letter of June 21, 1944 addressed to the Of^ice of Assistant Industrial Manager and of your letter of October 10, 1944 addressed to you from said Industrial Tanager. I am also enclosing, in duplicate, a proposed Amendment to Lease giving you the right to terminate the same at any time by giving thirty days written notice. I have been unable to find any standard termination clause in any government contract, but I believe that the clause in the enclosed proposed amendment should be satisfactory. I am not so sure, however, that the City of Newport Beach will agree to this unless they have the mutual right of termina- tion. I would suggest that you discuss this with the City and if they are agreeable to so amend the Lease that you submit the same to the Navy to see if the clause meets with its approval. The diffi- culty in thLs is that it would take sometime to hear from the Navy and hence it might be better to get the City to approve the amendment and then send it to the Navy as an accomplished fact. I do not believe the Navy will require any change in the amendment but if so, please let me know and I will be glad to make it. , RDS:J Very truly yours, HANSEN & SWEENEY, BY R. D. SWEENE OFFICE OF THE ASSISTOT I "DUSTRIAL PVudAGER, USN EL =' VWSAVAL DISTRICT 151 Vrminal Way Terminal Island (San pro), California Refer to: �. W/South Coast (IM_SWD) —se) October 10, 19W Serial NASP ?555 Hubbardle South Coast Company. Newport Beach California' Attn: Mr. W. Howe Subj: Lease of two Parcels of Land located C ourd (19th Street Yard) Newport Beach, Cal oval oir. Ref: sOPI (7646) Section 764b, 5 Oc/tqb� r X44. Gentlemen: 'This office is inform approval of the Bureau of Yards and however, it will be necessary that t to include a (30) thirty— Please for W'6- d to �thiss forwarding to the inter ted partie t tIVsubject lease has the d the Bureau of Ships; u jest lease be so amended ii, ause. ce t e amended lease for action. Very truly yours, R. L. BOLLER Captain, USN ►s V1 SOUTH COAST CO. ter' TWENTY -THIRD AT CENTRAL • NEWPORT BEACH, CALIF. • PHONE: NEWPORT BEACH 2600 4RMy. 21 dume 1944 From South Coast Co. Ne,",ort Bauch, California Tot Gffioe of the Assistant induatrial managers Ua 151 Terminal may Terminal island, California subjects Ac,ZuieitiOn of C >t y Cam Oround by Lease Iniormrtion on. References (a) Cop? of B,:ahips ltr. to All Industrial Namm4M.Um ate., KI-13 (764b) over X926 /A2 -11, 1.4 Beonvber 1943- 1. In aecorduaoe with refel,esee (a) we are ferwHrdia the following information, ae reonsctod by said reference, la connection with our lease eoverin &ronsdt the rental of the City Cary (a) Nu s of oontraetvr - 8euth Coast Co. (b) sic hold the fe110wing mintraots, the 2erformwee of whicb caused us to loAsp this propertyn Contract so. s- 04..1$3 -446- -499 for Roconditionie6 Pontoon Boats, Trailers, ranks etc. - U. 6, Army Bngineers. Contract Bobs - 100711 - Naster Repair Contrast .- ti, S. Navy 4ontrsat No. W 3x•.179 t6-196 - heater ship Re -..sir Contract • U, S. Army (c) WO have " lain Plant at ;'' ird and Central Avows in Newport Beach and s«ysem:.1 paresls of adjacent or Mjoining land. (d) fte City Cash Grove d occr A"s goof of Bay frontage between 18th and 19th Streets, three bleats from our main plant. (s) Me Property is to be s�Cquired by lease. (f) ?hie proparty is Owned by this City of Newport Beach 'l�tl 1 AMENDMENT TO LEASE '2 3 THIS AMENDMENT TO LEASE made in duplicate this 6th day 41 of November, 1944, by and between the City of Newport Beach, a 5 municipal corporation hereinafter referred to as Lessor, and 6 South Coast Co., a corporation, hereinafter referred to as 7 Lessee; g 1 W I T N E S S E T H: 9 IMEREAS, the parties hereto have heretofore entered into 10 that certain indenture of lease dated the 9th day of June, 1944, 11 in which the Lessor leased to the Lessee the property therein 12 described for a period of one year commencing as of May 19 1944, 13 ' and ending as of April 30, 1945, at a monthly rental of $262.50 14 per month, and to which lease reference is hereby made and by 15 such reference incorporated herein, and 16 WHEREAS, Lessee desires that said lease be amended as 17 herein set forth; 18 NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and be- 19 tween the parties hereto as follows: 20 1. The aforesaid lease of June 9, 1944, between the 21 parties hereto is hereby amended by adding the following para- 22 graph to said lease to be designated Paragraph 12, and which 23 said paragraph shall read as follows: 24 "It is agreed and understood, anything in this agreement to the contrary notwithstanding, that if Lessee is not in 25 default under this lease, and has fully performed the terms, covenants and conditions hereof, that Lessee, at 26 its option, may terminate this lease as of the First day of any calendar month during the term hereof, or during 27 any extended term hereof, by giving to the Lessor a 28 notice in writing of Lessee's intention to so terminate this lease, which said notice must be given to the Lessor at least thirty days prior to the date when 29 such termination is to become effective." 30 2, It is agreed and understood that all the other terms, 31 covenants, conditions and provisions of said lease of June 9, 1944, 32 shall remain in full force and effect, except as amended herein. LAW OFFICES OF POLAND THOMPSON 210 SPURGEON BLDG. SANTA ANA. CALIF. W 1 2 IN WITNESS WHEREOF, the Lessor has this day caused 3 its corporate name to be signed end its corporate seal to be 4 affixed by its Mayor and City Clerk thereunto duly authorized 5 by Resolution of its City Council dated the 6th day of 6 November, 1944, and the Lessee has hereunto caused Its corporate 7 name to be signed and its corporate seal to be affixed by its 8 President and Secretary thereunto duly authorized by Resolution 9 of its Board of Directors dated the a7 n1 day of November, 1944. 10 11 12 13 14 15 16 17 18 19 20 21 22 -23 24 25 26 27 28 29 30 31 32 LA. OFFICES OF ROLAND THOMPSON 210 SGURGEON BLDG. SANTA ANA. CALIF. CITY OF NEGIJTPORT BEACH / city - - -- s SOUTH C ST CO. By President By Secre ry .2, Lessee l AMENDMENT TO LEASE THIS AA:IENDMENT TO LEASE made in duplicate this day of November, 1944, by and between The City of Newport Beach, a municipal corporation, Party of the First Part , hereinafter referred to as "the City", and South Coast Co., a corporation, Party of the Second Part, hereinafter referred to as "the Company ", W I T N E S S E T H: WHEREAS the parties hereto have heretofore entered into that certain Indenture of Lease dated March 20, 1944, in which the City leased to Company the property therein described for a period of one year commencing as of the 20th day of March, 1944 and ending as of the 19th day of March, 1945, at a monthly rental of SEVEN HUNDRED DOLLARS ($700.00) per month, and to which Lease reference is hereby made and by such reference incorporated herein, and WHEREAS Company desires that said Lease be amended as herein set forth. NOVI, THEREFORE, IT IS IMREBY r=JALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. The aforesaid Lease of March 20, 19442 be- tween the parties hereto is hereby amended by adding the following paragraph to Paragraph 2 of said Lease: "It is agreed and understood that if Company is not in default under this Lease and has fully performed the terms, coven- ants and conditions hereof that Company, at its option, may terminate this lease as of the 20th day of any calendar month during the term hereof, or during any ex- tended term hereof, by giving to the City 1. I .^ a notice in writing of Companyts inten- tion to so terminate this Lease, which said notice must be given to the City at least thirty (30) days prior to the date when such termination is to become effective." 2. It is agre"d and understood that all of the other terms, covenants, conditions and provisions of said Lease of March 20, 1944 shall remain in full force and effect except as amended herein. IN WITNESS WHEREOF the City of Newport Beach has this day caused its corporate name to be signed and its corporate seal to be affixed by its Mayor and City Clerk thereunto duly authorized by Resolution of its City Council dated the day of November, 1944, and the Party of the Second Part, SOUTH COAST CO. has hereunto caused its corporate name to be signed and its corporate seal to be affixed by its President and Secretary thereunto duly authorized by Resolution of its Board of Directors dated the 0 9-ri'day of November, 1944. CITY OF NLWPORT BEACH 2. Party of the First Part Party of the Second Part Mayor City Clerk