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
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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
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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-
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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
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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.
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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
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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
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32
LAW OFFICES OF 3.
BOLAND TNOMPBON
210 SPURGEON BLDG.
BANTA ANA. CALIF.
Y
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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
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Boom COAST
COMPANY,
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B
Secretary
20
Party of
the
sedond--part
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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))
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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.
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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.'_.
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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.
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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
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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.
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28
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OFFICES OF
N BLDG.
CALIF.
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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.
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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.
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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
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°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.
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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�..'
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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
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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. $a.
29 equity or by statute. No delay or admission of tits City to
30 exercise any right or power arias nf from
any omission, or defsolt
31 of the Company, shall impair any such right or power - *.>. shall #a
32 construed as a waiver of any such dofwa% or any acquresoenre th
LAW OFFICES OF .
ROLAND THOMPSON
2 BLDG.
-
SANTA TA ANA. CALIF.yQ�
1
2
3
4
5
6
7
9
10
11
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13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
LAW OFFICES OP
ROLAND THOMPSON
210 SPURGEON BLDG.
SANTA ANA. CALIF.
t
in'. No waiver of the tpih of any of the oovenonts of thss loss*
shall be construed or to be a waiver of any other breach or
waiver Or acguiesssnus in or cament to any further or succeeding
breach of the saw ecvenant.
It is specifically understood and agreed tbA*.the Company
may at its option art*" this lease for a year from and after the
said 19th day of March. 'V45, by notifying the City in writing
Of its intention so to do and paying the first momth's rental
for said extended period of %ark, said ort nsion to be an the
BUM tares, ooaditions and oovsnants as provided for in this
20&00, and in the event that said Company desires to oxeroiso its
option for such extended period, it must do so by notifying the
City in writing not less *an thirty days prior to the WU%tlon
hereof, of its said intention.
IN wITNICS8 W 8R$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
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5
6
7
8
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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
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5
6
7
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16
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20
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25
26
27
28
29
30
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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
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15
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25
26
27
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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.
-�
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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. -�
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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
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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
^
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43
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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- .- -_,...
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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.
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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.
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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
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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,
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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;
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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
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ling i�f r iid Block 115; tR.ence westerly in a
direct line to the point of 'beginning.
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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
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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.
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3 -
LAW OFFICES OF
ROLAND THOMPSON
210 SPURGEON BLDG.
SANTA ANA. CALIF.
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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.
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LAW OFFICES OF
ROLAND THOM PEON
1210 SPURGEON BLDG.
SANTA ANA. CALIF.
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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
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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
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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,
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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.
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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.
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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.
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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
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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.
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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