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CITY OF NEWPORT BEACH o��+•�+e%
CITY ATTORNEY
DEP TMENT C
%. December 21, 1966
To: The Honorable Mayor and
Members of the City Council
From: City Attorney
Subject: Sale of South CoasITYPOoperty to Anthony Pools, Inc.
An escrow has been opened for the sale to Anthony Pools, Inc., of
the City property formerly under lease to the South Coast Company
which is located between Newport Boulevard and the Bay approx -
mately 350 feet southerly of 26th Street. It is anticipated that
the sale will be completed early in 1967, shortly following
approval of the City Charter Amendment adopted by a vote of the
people at the special election on November 8, 1966. We have been
in touch with Assemblyman Robert Badham who advised us that
ratification of the Charter Amendment by the Legislature could
be accomplished within a short time after the legislative session
opens on January 1, 1967.
In order to move ahead with the completion of the sale, the fol-
lowing items are being presented for Council action:
1.
A resolution of the City Council finding that certain City -
owned water front is not suitable for use as 4 public beach
or park. This resolution is required by Government Code
Section 37351 which provides in substance that the legis-
lative body of a city shall not sell or convey any portion
of a water front, except to the State for use as a public
beach or park, unless by a four - fifths vote of its members
the legislative body finds andaetermnes that the water
front to be sold or conveyed is not suitable for use as a
public beach or park. It will require six affirmative
votes of the City Council to adopt this resolution.
2. A resolution authorizing the execution of a grant deed.
This resolution will authorize the execution of a grant
deed by the Mayor and City Clerk conveying the property to
Anthony Pools, Inc. Following its execution, the deed
will be placed in escrow and will not be delivered until
all of the terms of the escrow have been complied with.
THS:mec
cc - City Manager
Acting City Clerk
Public Works Director
Finance Director
T' V
y orney
City A torney
A'
To l- City- Clerk
From: City Attorney '
Subject: Sale of South Coast property to Anthony Pools, Inc. .
L
Attached are the following:
1. A memorandum dated December 21, 1966, to the City Council
with reference to the above matter.
2. A resolution which, if adopted by the City Council will (0 )
find that certain City -owned water front is not snftable Is
for use as a public beach or park, which relates to the /`7_L/07
property being sold to Anthony Pools, Inc.
3. The original and two copies of a grant deed of the subject
property from the City to Anthony Pools, Inc. Af
4. A resolution which, if adopted by the City Council will
authorize the execution of said grant deed on behatf of the j
City.
Following execution of the grant deed, it should be returned to
us, together with a certified copy of each of the attached
resolutions, for transmittal to the title insurance company
holding the escrow.
Tully H. Seymour
THS:mec City Attorney
Atts.
cc - City Manager
Public Works Director
Finance Director
LEASE OF CITY -OWNED REAL PROPERTY
THIS LEASE AGREEMENT, made and entered into this 10th
day of March, 1965, by and between the CITY OF NEWPORT BEACH,
a municipal corporation, hereinafter referred to as "city ",
and ANTHONY POOLS, INC., a Delaware corporation, hereinafter
referred to as "Company ";
WHEREAS, the City is the owner of certain real property,
hereinafter more particularly described; and
WHEREAS, Company desires to buy said City -owned real
property and has entered into a contract of this same date to
purchase said property from City; and
WHEREAS, certain problems have arisen which have pre-
vented City from conveying title to said property, to Company; and
WHEREAS, the parties anticipate that there will be an
indefinite delay in completing the sale of said property in ac-
cordance with the terms of the contract of sale between the
parties; and
WHEREAS, the parties mutually desire to enter into a
lease agreement which will permit Company to occupy and use said
property on an interim basis until such time as a final determina-
tion can be made as to whether the sale of the property to Company
can be completed; and
WHEREAS, a prior lease of said property between City and
South Coast Company, a California corporation, dated June 17, 1955,
has been assigned to the Company; and
WHEREAS, the City and Company have terminated by mutual
agreement the lease dated June 17, 1955;
NOW, THEREFORE, the parties agree as follows:
1. PROPERTY LEASED.
For and in consideration of the payment of the rents,
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taxes and other charges and the performance of all terms and con-
ditions of this lease by company, City hereby leases to Company
that certain real property (hereinafter referred to as "demised
premises ") situated in the City of Newport Beach, County of
Orange, State of California, more particularly described as
follows:
Parcel 1.
All of Lot 1, Block 223, as shown on a map of Section A,
Newport Beach, recorded in Book 4, page 21, of Miscel-
laneous Maps, Records of Orange County, California, and
all that 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 50' 30" east along the northeast-
erly line of said Block 222 to the most northerly corner
of Lot 1, Tract 814, as shown upon a map recorded in Book
24, page 36, Records of said County; running thence south-
westerly along the northwesterly line of said Lot 1, Tract
814, to a point in the southwesterly line of said Block
222; thence northwesterly along the southwesterly line
of said Block 222 to the most westerly corner of said
Block 222; thence northeasterly along the northwesterly
line of said Block 222 to the point of beginning.
Parcel 2.
The property adjoining Parcel 1 described as follows:
Beginning at the most northerly corner of Lot 1, Block
223, as shown on a map of Section A, Newport Beach,
recorded in Book 4, page 21, of Miscellaneous Maps,
Records of Orange County, California; running thence
south 460 50' 30" east along the northeasterly line of
said Block 223 and Block 222 of said Section A to the
most northerly corner of Lot 1, Tract 814, as shown on
a map recorded in Book 24, page 36, Records of Orange
County, California; thence northeasterly along the
northeasterly prolongation of the northwesterly line
of said Lot 1, Tract 814, to an intersection with the
U. S. Government bulkhead line between U. S. Bulkhead
station 120 and station 121, as shown on a map entitled
"Harbor Lines, Newport 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 northeasterly
prolongation of the northwesterly line of said Lot 1,
Block 223; thence southwesterly along the northeasterly
prolongation of the northwesterly line of said Lot 1,
Block 223, to the point of beginning.
2. TERM OF LEASE.
Said land is leased for a term of six (6) months, com-
mencing on the first day of April, 1965. Following the expiration
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of the aforesaid six -month term, this lease shall continue as
a tenancy from month to month which may be terminated by either
party upon giving thirty (30) days prior written notice to the
other party. If not sooner terminated, this lease shall auto-
matically terminate on May 31, 1966.
3. RENTAL.
Company agrees to pay to City as rental for the use and
occupancy of said lands during the original six (6) month term
hereof, the sum of $960.00 payable on or before the 15th day
following the effective date of this agreement. Following the
expiration of the original six -month term of this lease, Company
agrees to pay the sum of $160.00 per month in advance for the
balance of the term or until this lease is terminated by either
party.
4. TAXES AND OTHER CHARGES.
In addition to the rents above provided, Company shall
pay when and as the same become due and payable, but not later
than ten (10) days prior to the delinquency date thereof, all
taxes, general and special assessments and other charges of every
description which may be levied or assessed during the term of
this lease upon or against all improvements and other property
on the demised premises, and Company agrees to protect and hold
harmless the City and the demised premises and all interests
therein and improvements thereon from any and all such taxes,
assessments, and other charges, including any interest, penalties
and other expenses which may be thereby imposed, and from any
lien therefor or sale or other proceedings to enforce payment
thereof.
5. UTILITIES.
During the term hereof, Company shall pay all charges
for water, sewage, gas, electricity and other utility services
supplied to and used on said demised premises. All such charges
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shall be paid before delinquency, and City and said demised
premises shall be protected and held harmless by Company there-
from.
6. USE
OF
LANDS.
Company
may
use the
land for any lawful use permitted
by the applicable City zoning regulations.
7. COMPLIANCE WITH LAWS.
Company shall comply with all building :Laws, ordinances
and regulations of the City of Newport Beach, and all laws and
regulations of the United States Government and State Government
in the conduct of its business on said demised leased lands.
S. MAINTENANCE OF LAND AND IMPROVEMENTS.
City shall not be obligated to make any repairs, alter-
ations, additions or improvements in or to or upon or adjoining
the demised premises or any structure or other improvements here-
after erected or placed thereon, but Company shall, at all times
during the full term of this lease and at its sole cost and expense,
keep and maintain all buildings, structures, bulkheads and other
improvements erected and placed on said demised premises in good
order and repair and said demised premises and the whole thereof
in a clean and sanitary condition, and Company shall construct,
maintain and repair all fences, walls, sewers, sewer connections,
drains, driveways, sidewalks and other improvements which may be
required at any time by law to be constructed, maintained and
repaired upon or adjoining or in connection with or for the use
of said demised premises or any part thereof, and Company shall
make any and all additions to or alterations in the buildings and
structures erected on said premises which may be required by and
shall otherwise observe and comply with any and all public laws,
ordinances and regulations applicable to said premises and Company
shall indemnify and save harmless the City against all actions,
claims and damages by reason of Company's failure to keep and
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maintain said demised premises and the buildings and improvements
thereon as hereinabove provided, -or by reason of its nonobservance
or nonperformance of any law, ordinance and regulation applicable
thereto.
9. CONSTRUCTION OF IMPROVEMENTS.
Company agrees that it will not construct any new im-
provements or alter or demolish any existing improvements on the
demised premises without the prior written consent of the City
Council.
10. LIENS AND CLAIMS.
Company shall not suffer or permit any mechanics', ma-
terialmen's, contractors' or subcontractors' liens arising from
any work of construction, repair, restoration, or removal as
herein provided, or any other claims or demands howsoever the
same may arise, to be enforced against the demised premises or
any part thereof, but Company shall pay all said liens, claims
and demands before any action is brought to enforce the same; and
Company agrees to hold City and said demised premises free and
harmless from all liability for any and all such liens, claims
or demands, together with all costs and expenses in connection
therewith, and Company shall, prior to the construction of any
improvements on said demised premises, deposit with City a certif-
icate or other evidence satisfactory to City that the building
contractor has obtained a bond with a surety approved by City
guaranteeing the construction of said improvements free and clear
of all mechanics' and materialmen's liens, and, whenever City
shall require, Company shall furnish to it a bond or other secu-
rity approved by City guaranteeing the completion of any such
improvements free and clear of all contractors', mechanics' and
materialmen's liens. City shall have the right at any time to
post and maintain on said demised premises such notices as may be
necessary to protect City against liability for all such liens or
otherwise.
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11. CITY'S NON - LIABILITY.
City shall not be liable for any loss, damage or injury
of any kind whatsoever to the person or property of Company or
any of Company's employees, guests or invitees or of any other
person whomsoever, caused by any use of the demised premises, or
by any defect in any building, structure or other improvement
erected thereon, or arising from any accident on said demised
premises or any fire or other casualty thereon, or occasioned by
the failure on the part of Company to maintain said demised
premises, or by any act or omission of Company, or of any member
of Company's official family, or of Company's employees, guests
or invitees, or arising from any other cause whatsoever; and
Company, as a material part of the consideration of this lease,
hereby waives on its behalf all claims and demands against City
for, and hereby agrees to indemnify and save City free and harmless
from liability for all claims and demands of third persons for any
such loss, damage or injury, together with all costs and expenses
arising therefrom and in connection therewith.
12. CITY PAYING CLAIMS.
In the event Company shall fail to pay any tax, assess-
ment, or other charge upon the leased premises when due and payable
as provided herein, or shall fail to pay any lien. or claim for
labor or material used or employed in or any claim for damages
arising out of the construction, repair, restoration, maintenance
and use of said demised premises and the buildings and improve-
ments erected and placed thereon, or any other claim, charge or
demand which Company has agreed to pay under the covenants of
this lease, then City may at its option pay any such tax, assess-
ment, lien, claim, charge or demand, or settle or discharge any
action therefor, and all costs, expenses, damages and other sums
incurred by City in connection therewith shall be repaid to City
by Company upon demand, together with interest thereon at the rate
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of seven percent (7 %) per annum from the date of payment until
repaid, and any default in such repayment shall constitute a
breach of the covenants and conditions of this lease.
13. TERMINATION.
Time is hereby declared to be the essence of this lease.
Should Company fail to pay any tax, assessment, insurance premium,
lien, claim, charge or demand provided in this lease to be paid
by Company at the times and in the manner herein provided, or
should Company default in the payment of any installment of rent
or any other sum when due as herein provided, or default in the
performance of or breach any term or condition of this lease, and
should such default or breach (other than any breach of the re-
strictions of paragraph 12 hereof for which immediate notice of
termination may be given) continue uncured for a period of fifteen
(15) days from and after written notice thereof by City to Company,
City may at its option terminate this lease by giving Company
written notice thereof, and thereupon this lease shall cease and
terminate.
14. INSPECTION.
City reserves the right, through its authorized agents,
at any reasonable time during the term hereof, to enter upon the
demised premises, or any part thereof, to inspect the same and
all buildings, structures and other improvements erected and
placed thereon, and to otherwise protect the rights and interests
of City in and to said demised premises.
15. PLACE OF PAYMENTS AND NOTICES.
All rents and other sums payable by Company to City
hereunder shall be paid to City at the City Hall, 3300 Newport
Boulevard, Newport Beach, California. whenever it shall be
necessary for either party hereto to give written notice to the
other respecting this lease, such notice, if not personally
delivered to City or Company, shall be sent by registered mail,
with postage prepaid, and directed to either party as follows:
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City of Newport Beach
City Hall
3300 Newport Boulevard
Newport Beach, California
Anthony Pools, Inc.
5871 E. Firestone Boulevard
South Gate, California 90280
or at such other address as either party may hereafter designate
in writing. The service of any such written notice shall be
deemed complete at the time of such personal delivery or within
five (5) days after the deposit thereof, so addressed and regis-
tered, in any post office within the United States. Should
Company consist of more than one person, the personal delivery or
mailing of such notice to any one of such persons shall constitute
complete service upon all such persons. The provisions of this
paragraph shall supersede and prevail over any and all provisions
of law relating to the service of notice.
16. REPRESENTATIONS.
Company covenants and agrees that it has examined the
demised premises and that the same are delivered to it in good
order and condition and that no representations as to said premises
have been made by City or by any person or agent acting for City,
and it is agreed that this document contains the entire agreement
between the parties hereto and that there are no verbal agreements,
representations, warranties or other understandings affecting the
same, and Company, as a material part of the consideration hereof,
hereby waives all claims against City for rescission, damages or
otherwise by reason of any alleged covenant, agreement or under-
standing not contained in this lease.
17. REMEDIES.
All rights, options and remedies of City contained in
this lease shall be construed and held to be cumulative and not
exclusive, and City shall have the right to pursue any one or all
of such remedies, or any other remedy which may be provided by law,
whether or not stated in this lease. No waiver by City of any
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breach of any of the covenants or Conditions of this lease by
Company shall constitute a waiver of any succeeding or preceding
breach of the same or any other covenants or condition herein
contained. Should City institute any action for the payment of
any sum or sums due and payable from Company to City hereunder,
or to recover possession of or to quiet title to the demised
premises, or to enforce the performance of any of the covenants
and conditions of this lease or the exercise of any of the rights
of City hereunder, then Company agrees to pay to City all costs
incurred in said action, including a reasonable sum as attorney's
fees, whether such action is prosecuted to judgment or not.
18. ASSIGNMENT AND SUBLETTING.
Company shall not encumber, assign or otherwise transfer
this lease, or any right or interest herein, nor shall Company
sublet said demised premises or any part thereof without the
written consent and approval of City first had and obtained, and
no such encumbrance, assignment or transfer, whether voluntary or
involuntary, by operation of law, under legal process, in bank-
ruptcy, or otherwise, and no such subletting shall be valid or
effective without such prior written consent and approval. Not-
withstanding the generality of the foregoing, the Company shall
have the right to assign or otherwise transfer this lease to any
person who shall become an assignee of the Company's contract of
sale covering the demised premises between the City and the
Company dated as of the date of this lease, without obtaining the
written consent and approval of the City to such an assignment.
19. HOLDING OVER.
This lease shall terminate and become null and void
without further notice upon the expiration of the term herein
specified, and any holding over by Company after the expiration
of said term shall not constitute a renewal hereof or give Company
any rights hereunder or in or to the demised premises.
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IN WITNESS WHEREOF, the parties hereto have executed
this lease as of the day and year first above written.
CITY OF NEWPORT BEACH
By—i(--
r/Mayor
ATTEST:
City Clerk
CITY
CITY A!
.B,
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ATTEST:
COMPANY
ANTHONY PIPOLS, INC.
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CANCELLATION OF LEASE
TVHEREAS, the CITY OF NEWPORT BEACH, a municipal cor-
poration, hereinafter referred to as "City ", and SOUTH COAST
COMPANY, a California corporation, entered into a certain lease
agreement dated June 17, 1955 ( "Lease Agreement ") wherein pro-
vision is made for the leasing of certain City -owned real property
to SOUTH COAST COMPANY-, and
rdTIEREAS, SOUTH COAST COMPANY, on October 30, 1964,
assigned the Lease Agreement to ANTHONY POOLS, INC., a Delaware
corporation; and
WHEREAS, the initial term of said Lease Agreement is
for a period of ten (10) years, commencing on July 1, 1955 and
ending on June 30, 1965; and
WHEREAS, the parties mutually desire to terminate said
Lease Agreement;
NOW, THEREFORE, it is agreed, as follows:
1. The Lease Agreement dated June 17, 1955, between
the City, as lessor, and ANTHONY POOLS, INC., as :Lessee, by virtue
of the aforesaid assignment by SOUTH COAST COMPANY, is hereby can-
celled effective upon the execution of this agreement by both of
said parties.
Dated: March 10, 1965
CITY OF NEWT BEACH
T /s /G� By
f ayor
ATTEST':
i City Clerk
Dated: 1965
ANTHQN3�_P�0�S, INC.
By= t
Pres' dent
ATTEST:
Secretary
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CONTRACT TO BUY AND SELL LAND
THIS AGREEMENT, made and entered into this 10th day
of March, 1965, by and between the CITY OF NEWPORT BEACH, a
municipal corporation, hereinafter referred to as "Seller ", and
ANTHONY POOLS, INC., a Delaware corporation, hereinafter referred
to as "Buyer ";
WHEREAS, Buyer is the owner of real property adjoining
the property hereinafter described which Buyer proposes to pur-
chase under this contract; and
WHEREAS, Buyer and Seller previously entered into a
contract dated June 22, 1964, to buy and sell the same property
hereinafter described in this contract; and
WHEREAS, Buyer and Seller wish to rescind said prior
contract to buy and sell land and to enter into a new contract
due to certain title problems which have arisen subsequent to
the execution of said original contract; and
WHEREAS, Buyer is willing to purchase said described
property from Seller in accordance with the terms hereof;
NOW, THEREFORE, the parties agree as follows:
1. The parties mutually agree that the contract dated
June 22, 1964, designated "Contract to Sell and Buy Land" exe-
cuted by these same parties is hereby rescinded and that the
agreement contained herein shall supersede said prior agreement
for all purposes.
2. Buyer agrees to buy and Seller agrees to sell the
following described real property, subject to the terms and con-
ditions of this agreement:
Parcel 1
All of Lot 1, Block 223, as shown on a map of Section A,
Newport Beach, recorded in Book 4, page 21, of Miscel-
laneous Maps, Records of Orange County, California, and
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all that portion of Block 222 of said Section A described
t as follows:
r
Beginning at the most northerly corner of said Block 222;
running thence south 460 50' 30" east along the northeast-
erly line of said Block 222 to the most northerly corner
of Lot 1, Tract 814, as shown upon a map recorded in Book
24, page 36, Records of said County; running thence south-
westerly along the northwesterly line of said Lot 1, Tract
814, to a point in the southwesterly line of said Block
222; thence northwesterly along the southwesterly line
of said Block 222 to the most westerly corner of said
Block 222; thence northeasterly along the northwesterly
line of said Block 222 to the point of beginning.
Parcel 2
The property adjoining Parcel 1 described as follows:
Beginning at the most northerly corner of Lot 1, Block
223, as shown on a map of Section A, Newport Beach,
recorded in Book 4, page 21, of Miscellaneous Maps,
Records of orange County, California; running thence
south 460 50' 30" east along the northeasterly line of
said Block 223 and Block 222 of said Section A to the
most northerly corner of Lot 1, Tract 814, as shown on
a map recorded in Book 24, page 36, Records of Orange
County, California; thence northeasterly along the
northeasterly prolongation of the northwesterly line
of said Lot 1, Tract 814, to an intersection with the
U. S. Government bulkhead line between U. S. bulkhead
station 120 and station 121, as shown on a map entitled
"Harbor Lines, Newport 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 northeasterly
prolongation of the northwesterly line of said Lot 1,
Block 223; thence southwesterly along the northeasterly
prolongation of the northwesterly line of said Lot 1,
Block 223, to the point of beginning.
The sale is subject to all covenants, conditions, restrictions,
and rights of way of record or apparent.
3. Buyer agrees to pay and Seller agrees to accept
the sum of $155,000 as payment for the above described property.
Seller acknowledges that it has received the sum of $5,000 as a
deposit to be applied against the purchase price. The remainder
of the purchase price shall be paid as follows: Buyer may pay
Seller the entire remaining sum of $150,000 upon close of escrow
as hereinafter provided. If Buyer elects, Buyer may pay $46,668
upon close of escrow as hereinafter provided and may pay the
balance in three (3) equal annual payments of $34,444. The first
payment shall be due one year after close of escrow, the second,
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two years after close of escrow, and the third, three years after
close of escrow as provided herein. The unpaid balance shall
bear interest at the rate of 6% until paid. In connection with
the said balance, Buyer shall execute a note and deed of trust in
favor of Seller to secure the payment of said note.
4. There are two unresolved problems which prevent
Seller from conveying title to Parcel 2 to Buyer at the present
time. These problems may be described as follows::
(a) The parties have obtained a preliminary title
report prepared by Title Insurance and Trust Company showing
the condition of the title to Parcels 1 and 2 as of August
25, 1964. Said title report indicates that the Seller has
title to Parcel 1 and the title company is walling to insure
Buyer's title to Parcel 1 based on a conveyance from Seller.
However, said title report indicates that Seller does not
have record title to Parcel 2. Seller claims that it has ac-
quired title to Parcel 2 by adverse possession. The title
company has taken the position that it will consider insuring
title to Parcel 2 in Buyer based on a conveyance from Seller
provided that Seller furnish the title company with documen-
tary proof in support of Seller's claim to title by adverse
possession. Seller agrees to furnish such proof to the title
company. Buyer agrees that for purposes of this agreement
the City's ability to convey title to Parcel 2 will be deter-
mined on the basis of the availability of a policy of title
insurance in a form acceptable to Buyer, insuring Buyer's
title to Parcels 1 and 2.
(b) The second problem also concerns Seller's abil-
ity to convey title to Parcel 2 to Buyer. Section 1402 of
the City Charter of the City of Newport Beach, prohibits the
sale of City -owned waterfront property. Section 1402(b) was
added to the Charter by an amendment effective January 25,
1961. Said Charter amendment was apparently intended to permit
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the unrestricted sale of Parcels 1 and 2; however, the
Charter amendment described only Parcel 1. Seller intends
to file an appropriate legal action for the purpose of ob-
taining a judgment from the courts that the City may convey
Parcel 2 free and clear of the restriction against sale of
waterfront property. Buyer agrees to cooperate with Seller
in seeking such judicial determination. Each party will pay
its own legal costs in connection with such legal action.
5. In the event that the two title problems described
in paragraph 4 are resolved to the satisfaction of Buyer and
Seller, an escrow will be promptly opened for completion of the
sale with provision for the same to close ninety (90) days there-
after. The sufficiency of title to both parcels and Seller's abil-
ity to convey shall be determined by the availability of a policy
of title insurance, subject only to such exceptions approved in
writing by Buyer, guaranteeing title to be vested in Buyer. Seller
shall have sixty (60) days to have any exception removed to which
Buyer objects. Seller shall deposit in escrow a standard grant
deed of all of the above described property and Buyer shall deposit
$46,668 or, if Buyer desires, the total remainder of the purchase
price. If Buyer elects to pay the one -third down, Buyer shall
execute and deposit in escrow the note and deed of` trust as here -
inabove provided. In that event, the policy of title insurance
shall be a joint protection policy in favor of both Buyer and
Seller. Such escrow shall be closed prior to the end of the 90-
day period unless the time is extended by mutual consent of the
parties. If such title policy is not available at the time the
escrow would otherwise close, Buyer shall not be obligated to
complete the purchase and any money deposited in escrow by Buyer
shall be returned to Buyer and the $5,000 deposited with Seller
shall be repaid to Buyer.
6. Either party may cancel this agreement upon thirty
(30) days' written notice to the other party upon the happening
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of either of the following events:
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(a) If the title company refuses to insure Buyer's
title to Parcel 2 based upon a deed from the City after the
City has furnished documentary proof to the title company in
support of its claim to title to Parcel 2 by adverse posses-
sion.
(b) If there is a judicial determination that
Seller cannot lawfully convey title to Parcel. 2 because of
the prohibition contained in Section 1402(b) of the City
Charter or if the court refuses to exercise jurisdiction to
determine the question.
(c) If either or both of the two unresolved prob-
lems in paragraph 4 hereof, have not been cured within one
year from the date of this agreement.
7. All escrow charges, title fees, including internal
revenue stamps, and broker's commission, if any, are to be paid
by Buyer. Buyer further agrees to furnish the title company with
a survey establishing the line of ordinary high tide in relation
to Parcel 2 at no expense to City.
B. Seller makes no representations of title to the
property or otherwise except as herein specifically provided.
9. It is expressly understood that Buyer has the right
to assign this contract without the consent of Seller.
CITY OF NEWPORT BEACY,
�.N �R:0`` E D I�.J TV i'U ^1',S By- .
ARN ayor
.CIT'( EY. N; ATTEST:
-,City Clerk
,. Seller
ANTHONY S, INC.
By-
President
.. ; .
ATTEST:
-5-
ary
Buyer
4/121" (U)
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z ANSOOLVi`1pw11rTU Cr" COMUOF TRcCMW
3 � M A= M" LAMS t�A�MO W
4 1tI?M �)lgb1.A, IMG.
5!
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6 VW=Uo by R"oOittttiMt Mr, ilRA adaip ad Jame :s It"*
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8 Land ISM Aatbaagr >tralats Ire,* wdW tMi %WM r! tddab COVISAIR
9 Citgaawad tNi pspastp rao to be an►ld to 9014 04no rt MN
10 VWW" s ""aft title puabiaW Taw M ISM SmANOVIVANIS
III to the at MUSIM of acid famicamet *% alt wM ptaaraataad for City
3.21 Marls eaw#ayft tdtlr to add pWapattcy to 00 bVIMI aM
13 yet too City MN AattMl y ftnue 2", a dolt" to
14 r4aaltla On ti.tlr p%VbUm Mtd s "mmaaq Ift hales t0 do t U&h
151 it VJU ba aaaNaay fin t1Mta to laid 00 pefimpam mitt attd
16 WAW into a sari tsaatttaaats aartsal the Matatft ISO* aw tiba pt.apM"
17 b&US 0014 dead j"m 176 1lA39 IwMRaatt " City mad gfttb Coot
18 C qpw)s VM*b ttao 1NNa fulMO40001 94060" 1W ARO Mi paalas
19 i IM • s d other late a now taut M6iah Ulu pea mit MW bo j w to
20 and BMW aid palabMM tR as Safi nets bda naatl. Oak time
21' as a llaai da"tddteatiMt Nat bi Main at+ to Mta"W "a 44A ej *a
22 vVermttp am be aaepvirttad; Med
231 VMd11A1ts Own WM beam ammos ad by Ati►OMMY F"Us Lea.,
24 Mad preItfd to tba City Came" a Cwt to Bar mad gall Lands
25 COMMllatim of Leaves Mad Lamar at Cily*Ov d Aral 1rs OWItps
26 arttlt for city Cowman ban "WiMd aM too" tat be ft" a"
27 a"Atablrl
28! me =owns As 13 "A9tus fib" Sa" GMatmt to Mq
29 and tril Leads di MMUNUM a! L "a and L"" a# ""toaara" owl
30 INSION97 Mat► 1006) 0690811 t1 Mud tin MlrW atel Cttq Clerk arm Ld
31 MltlrrltXed Mrd dilmstrd to mammon the awns M bataait of as they
32 AAcA tirta iltb taf Aptrtls. •
I
'�-rte, -; - ��= �- a- ,• - -o� °�
0 ,
CITY OF NEWPORT BEACH
CALIFORNIA
City Hall
3300 W. Newport Blvd.
Area Code 714
073.2110
April 21, 1965
Mr. Morton R. Field
Wallenstein & Field
6505 Wilshire Blvd., Suite 503
Los Angeles, California 90048
Re: Sale of property to
Anthony Pools, Inc.
Dear Mr. Field:
Transmitted are two copies each of the follow-
ing documents:
1. Contract to Buy and Sell Land.
2. Cancellation of Lease.
3. Lease of City -owned Real Property.
All of these have been executed,on behalf of the
City of Newport Beach as authorized by City
Council Resolution No. 6130 adopted on April 12,
1965.
Very truly yours,
Tully 5eymo
THS :mec City Attorney
Encs.
cc - Miss Margery Schrouder,
City Clerk �-
Mr. R. C. Greer
3416 -A Via Lido
Newport Beach, California
(Encs.)
CITY OF NEWPORT BEACH
CITY ATTORNEY
DEPARTMENT
0
July 12, 1966
To: City Clerk
From: City Attorney
Subject: Purchase of property by Anthony Pools, Inc.
Transmitted is a certified copy of the Judgment entered in
the case of City of Newport Beach v. Newport Bay Dredging
Company, et al, Orange County Superior Court case No. 139575.
This Judgment was recorded on June 21, 1966, as document No.
13812, in Pook 7967, page 131, Official Records of Orange
County, California. It should be retained in your official
files pertaining to the subject property.
Tully Se r
THS ;mec City Attorne
Att.
.21
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13812
RECORDED AT REQUEST OF
11MV NEWPORT REAM
IN OFFICIAL RECORDS 57
ORANGE COUNTY, CALIF.
MAIL TO
ly it. 9:05 AM JUN 21 1966
Talsorom
City Attormy J. WYLIE L CAR�YLF, County -Rwordar
city9.411
awpwt 3"oho c4uf"nu
Tol"""t 673-2110
7
7967 131
W, County, or
Tho tb4w* *ntitled alction bAvins *am an vopturly for
hftyclft tas _ of JU. N 1 5 1966 putatiff-
. 4&y
city of xmp"t 3"oho o"*"$" by Tully a. so�j' Its voua"� I
if 'Pi-
tt* 0*440my of tat oetton ist tho tom V0401"d by !"o
2 * P141"iff "U"d tO b* POt4d iri A 10"i"O" P1004
onpvoowty whicAt to tbo oajoct Of thit "tiOlft 0 060Y o1w,"
MR: Mffrrrv.TTTI��
0a
JUN 151966
p1tiotiff
W, County, or
Tho tb4w* *ntitled alction bAvins *am an vopturly for
hftyclft tas _ of JU. N 1 5 1966 putatiff-
. 4&y
city of xmp"t 3"oho o"*"$" by Tully a. so�j' Its voua"� I
if 'Pi-
tt* 0*440my of tat oetton ist tho tom V0401"d by !"o
2 * P141"iff "U"d tO b* POt4d iri A 10"i"O" P1004
onpvoowty whicAt to tbo oajoct Of thit "tiOlft 0 060Y o1w,"
MR: Mffrrrv.TTTI��
0a
p1tiotiff
Mod ou
*fft4avit ema"ift
th* mtto"
roquitod by
Califavou
todt of
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7967 ra,f,:r 133
tbo PjAjAtlff
THIS I 'ST IV, y iS`' 4 rt14R "i °� �' q ORIGINAL O
ATTEST:—_ 19—
s'�Vg- P 7
'��t ik"f.f*� brt F)r,y :y=� � -t 7 Y P — •,
i6 ab4 for
,,.-�. •kt,ic t art fury, N rr ��.
DEPUTY
WARREN J. KRGUSON
0
June 20, 1966
Mr. J. Wylie Carlyle
Orange County Recorder
Hall of Records
:212 West Eighth Street
Santa Ana, California 92702
Re: City of Newport Beach
V, Newport Bay Dredging
Company, et al -
Dear Sir: Superior Court No. 139575
Attached for recording is a certified copy of
the judgment in the subject action which was
entered in Judgments Book No. 118 at page 167
on June 16, 1966.
This recording is on behalf of the City of New-
port Beach, a municipal corporation, so it is
assumed there will be no charge for this
service.
Yours truly,
Tully H. Seymour
THS:mec City Attorney
Enc.
cc - Margery Schrouder,
City Clerk —
TF
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Tully H. Seymour
City Attorney
City Ball
I
Newport B e ac h ' alffo
is
_.
Telephone: 673 -2110 1
JUR 1 51966
Attorney for Plaintiff
W. EV i0gN,'County Clerk -
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA..
IN AND FOR THE COUNTY OF ORANGE
CITY OF NEWPORT BEACH, a municipal
corporation, No. 139575
Plaintiff,
JUDGMENT
Vs.
NEWPORT BAY DREDGING COMPANY, a
California corporation; THE STATE
OF CALIFORNIA;.et al,
Defendants.
The above entitled action having come on regularly for
hearing this day of Juji 151966 , 19660 the:pleintiff,...
City of Newport Beach, appearing by Tully H. Seymour,' its counsel,,
the defendant, State of California, having submitted a stipulation
duly executed by its counsel, the Attorney General, authorizing
this Court to enter judgment in accordance with its terms. and no
appearance having been made for any other defendant, on the basis
of the oral and documentary evidence submitted the Court hereby fi ds:
1. Plaintiff caused to be recorded with the County
Recorder of the County of Orange, State of California, a notice of
the pendency. of this action in the form required by law.
2. Plaintiff caused to be posted in a conspicuous place
on the real property which is the subject of this action a copy of
the summons herein within thirty days of the issuance thereof.
3. On March 17 , 1966, plaintiff filed an
affidavit containing the mutters req;.ired by California Code of.'
Civil Procedure, Section 750.
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4.. Plaintiff caused a copy of the summons and complaint
to be served upon the defendants herein by personally serving the
Chairman of the State Lands Commission and the Attorney General on
behalf of the State of California, by personally serving the
Secretary of State on behalf of the Newport Bay Dredging Company
pursuant to.the order of this Court entered on January 21, 1966,
and upon all the unknown defendants as stated in the summons and .
complaint by publication pursuant to the order of this Court
entered on March 17 , 1966.
5. No appearance, pleading, or any other response with
reference to the above entitled action has been made by.any of
the defendants herein other than the defendant, State of Cali.
fornia, which has filed a stipulation authorizing this judgment to
be entered, and the defaults of all defendants other than the State
of California have been entered herein.
6. All of the allegations contained in plaintiff's
complaint herein are true.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
1. Plaintiff is the owner in fee simple of the follows
described real property:
That portion of lot 2 in section 33, Township 6 South,
Range 10 West, of the San Bernardino meridian, in the
city of Newport Teach, county of Orange, state of
California, according to the official plat of said land
filed in the District Land Office, August 4. 1890, lying
northeasterly of the northeasterly line of blocks 222
and 223 in Section A, Newport Beach, as per map recorded
in book 4 page 21 of Miscellaneous Maps, in the office
of the county recorder of said county and between the
northeasterly prolongations of the northwesterly line of
lot 1 in block 223 of said Tract and of the northwesterly
line of lot 1 of Tract No. 8140 as per map recorded in
book 24 pages 35 and 36 of said Miscellaneous Maps.
2. That none of the defendants herein has any estate,
right, title, interest or lien in and ;N raid property.
3. That title of the plaintiff :.. and to said real.
property be quieted against any and all of the defendants and that
each and all of the defendants be and they e:;reby are forever
2.
1 restrained and enjoined fromAsserting any estate, right, title,
2 interest or lien in and to said real property adverse to that of
3 the plaintiff.
4 4. That the line of ordina ry high :tide tide of the Pacific
5 Ocean in Newport Bay, which marks the boundary line between th6
6 above described property owned in fee simple by the plaintiff and.
7 the.tide and submerged lands abutting said property which were
8 granted in trust to the City of Newport Beach by the defendant;
9 State of California, shall be as follows:
10 Beginning at a point in the northeasterly prolongation of .
11 the southeasterly line of Lot 2, Block 223 of Section "A ";:
Newport Beach, as per map thereof recorded in Book 4;
12 Pa a 21 of Miscellaneous Maps, Records of Orange County,
California, which point of beginning is 34.45 feet north-
13 easterly of the most easterly corner of said Lot 2
measured along the northeasterlyy prolongation of the
14 southeasterly line of said Lot Z; thence 8 20° 04' 27"
E. 48.19 feet to a point, which point is in the north-
15 easterly prolongation of the northwesterly line of Lot 1,
Tract 814, as per map thereof recorded in Book 24, Pages
16 35 & 36 of said Miscellaneous Maps and which point is
9,33 feet northeasterly of the most northerly corner of
17 said Lot 1, measured along the northeasterly prolongation.
of the northwesterly line of said Lot 1.
18 Dated: JUN 15 1966
1966.
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i
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CITY OF NEWPORT BEACH
CITY ATTORNEY
DEPARTPIM
To: City Clerk
From: City Attorney
1 66
June 17, 1966
Subject: Sale of City property to Anthony Pools, Inc.
Transmitted is a certified copy of the judgment in the case of
City of Newport Beach v. Newport Bay Dredging Company, et al,
Superior Court No. 139575. This judgment quiets the City's title
to the disputed area and establishes the line of ordinary high
tide at the existing bulkhead line. It should be retained in
the City's official files.
A copy of the judgment is also being transmitted to the Public
Works Department for their information.
THS :mec
Enc.
cc - Public Works Director
iy. It _,Y e .
Tull S`9 e r
City ttorney
I
•
City Cleric
City Attorney
City Clerk
April 19, 1965
Sale of City property to Anthony Pools, Inc.
Transmitted are the following documents, all of which have
been executed by the Mayor and City Clerk, and the President
and Secretary of Anthony Pools, Inc., execution of which was
authorized by Resolution No. 6130:
1. Two copies of Contract to Buy and Sell Land.
2. Two copies of Cancellation of Lease.
3. Two copies of Lease of City -owned Real Property.
In accordance with your memorandum of April 12, I understand
you will forward executed copies of the three documents to
the attorneys for Anthony Pools, Inc.
MS:dg
Encs.
Margery Schrouder
City Clerk
CITY OF NEWPORT BEACH
CITY ATTORNEY
DEPARTMENT
_I 19
April 8, 1965
To: The Honorable Mayor and
Members of the City Council
From: City Attorney
Subject: Sale of City property to Anthony Pools, Inc.
At the meeting on January 11, 1965, the City Council directed the
City Attorney to revise the contract of sale between the City and
Anthony Pools to reflect the changed circumstances resulting from
the title report indicating that the City did not have title to a
portion of the property being sold, and in addition to prepare a
new interim lease between the City and Anthony Pools which would
permit Anthony Pools to continue to occupy and use the property
pending the completion of the sale. We have received the documents
referred to, together with a cancellation of the existing lease
between the City and South Coast Company, all of which have been
duly executed by Anthony Pools, and have found them in satisfactory
legal form for presentation to the Council.
You will recall that at the meeting of January 11 the City Council
decided that an effort should be made to clear the title to the
small triangular parcel adjacent to the Bay, hereinafter referred
to as Parcel 2, which the title company had reported was vested
in Newport Bay Dredging Company. In order to clear the title to
this parcel it will be necessary to establish to the title company's
satisfaction that the City has a valid claim of ownership to Parcel
2 based on adverse possession, and it will also be necessary to
obtain a court judgment to the effect that said parcel is exempt
from the prohibition on the sale of City -owned waterfront or beach
property contained in Section 1402 of the City Charter.
Briefly summarized, the new contract recites the fact that these
title problems have arisen subsequent to the execution of the
original contract of sale and commits both parties to attempt to
resolve these problems and consummate the sale. It further pro-
vides that either party may cancel the agreement of sale upon
thirty days' written notice upon the happening of any of the fol-
lowing events:
1. If the title company refuses to insure buyer's title to
Parcel 2.
To: The Honorable Mayor and
Members of the City Council -2-
April 8, 1965
2. If there is a judicial determination that the City cannot
lawfully convey title to Parcel 2 because of the prohibition
contained in Section 1402 of the City Charter, or if the
court refuses to exercise jurisdiction to determine the
question.
If either or both of the two unresolved title problems de-
scribed above are not resolved within one year from the date
of the agreement.
It is further provided that the buyer has an unqualified right to
assign its rights under the contract to a third party. The remainder
of the contract is substantially the same as the original contract.
The new interim lease provides that the City leases all of the prop-
erty to Anthony Pools for a term of six months commencing April 1,
1965. After the initial six -month term the lease continues as a
tenancy from month to month which may be terminated by either party
by giving thirty days' prior written notice to the other party. If
not sooner terminated, the lease automatically terminates on May 31,
1966. The rental payable to the City under the lease continues at
the same rate paid by South Coast Company under the prior lease.
The remainder of the lease provisions are generally the same as those
contained in the prior lease.
A resolution is being furnished to the City Clerk for the purpose of
approval of the documents and authorization for their execution.
THS:mec
cc - City Manager
City Clerk ✓
Public Works Director
Finance Director
T y y Se`% r 9
City Attorney
CCUN%Il:
f •
CITY OF NEWPORT BEACH
CITY ATTORNEY
DEPARTMENT
To: City Clerk
From: City Attorney
April 12, 1965
Subject: Sale of City propperty to Anthony Pools, Inc.
(Agenda Item I -18)
Transmitted are the following documents, all of which have been
executed by Anthony Pools, Inc.:
1. Original and two copies of Contract to Buy and Sell Land.
2. Original and two copies of Cancellation of Lease.
3. Original and two copies of Lease of City -owned Real
Property.
The attached resolution, if adopted by the City Council, will
authorize the execution of said documents on behalf of the City.
After the documents have been fully executed, will you kindly
furnish us two executed copies thereof for transmittal to the
attorneys for Anthony Pools, Inc.
THS :mec
Encs.
cc - City Manager
Public Works Director
Finance Director
r ` /
Tull Seymou
City torney