HomeMy WebLinkAboutC-977 - Lease with Harbor Island Community Associationst
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
October 28, 1968
TO: MAYOR AND CITY COUNCIL
FROM: City Manager 1 `_
SUBJECT: LEASE BETWEEN CITY AND HARBOR ISLAND CO 1UNITY ASSOCIATION V�
On September 18, 1943, the City entered into a 2S -year tidelands
lease agreement with the Harbor Island Community Association for the pur-
pose of enabling the Association to use the tidelands and submerged lands
around Harbor Island for recreational and educational purposes. This lease
provided for a consideration of $250.00 for the full term, which was paid
in advance on March 22, 1944. This particular agreement will terminate on
October 30, 1968,
Approximately one year ago, the Orange County Harbor District
prepared a map depicting the ownership of lands in and around Newport
Harbor. This map indicated that approximately 900 of the tidelands and
submerged lands around Harbor Island were actually under the County's
jurisdiction under the County Tidelands Grant from the State of California.
This has been confirmed with Pat Patterson and the Public Works Department.
Apparently a Supreme Court case in 1928 decreed that the City only had
jurisdiction over tidelands on the easterly tip of Harbor Island and that
the bulk of the tide and submerged lands in question actually falls under
the County's jurisdiction. It would, therefore, appear that the lease
agreement between the City and the Harbor Island Community Association
should have been made with the County of Orange rather than the City of
Newport Beach when this was under consideration in 1943.
It would, therefore, appear that no action is needed at this
time to renew, extend or terminate the existing agreement. The Council
may wish to refer this matter to the Orange County Harbor District in
the event the County wishes to pursue further a possible lease agreement
of County tidelands between the County and the Harbor Island Community
Association.
JPD:ep
HARVEY L. HURLBURT
City Manager
0.
James P. DeChaine
Assistant City Manager
cc: City Attorne y z;
City Clerk 114 4� 4 1J"A
d.
ittto
November S. 1968
Mr. Kenneth Sampson
Director, Orange County Harbor District
1901 Bayside Avenue
Newport Beach, California
Dear Ken:
On September 18, 1943, the City of Newport Beach entered into a twenty -
five year tidelands lease agreement with the Harbor Island Community
Association for the purpose of enabling the Association to use the
tidelands and submerged lands around Harbor Island for recreational
and educational purposes. This lease provided for a consideration of
$250.00 for the full terns, which was paid in advance on March 22, 1944.
This particular agreement terminated on October 300 1968.
A recent map prepared by the Orange County Harbor District indicates
that about ninety percent of Harbor Island falls on tidelands claimed
by the County. The City Council has, therefore, decided to take no
action to extend the present agreement nor to negotiate a new agreement
with the Harbor Island Community Association.
The president of the Harbor Island Community Association, Mr. Henry
Schaefer, is being separately notified of the Council's action.
Very truly yours,
HARVEY L. HURLBURT
City Manager
HLH :QUID :pg
bcc: City Attorney
Public Works Director
City Harbor Coordinator
- 0 0
November 6, 1968
Par. Henry Schaefer, President
Harbor Island Community Association
11 Harbor Island
Newport reach, California
Dear Mr. Schaefer:
On Septennber 18, 1943, the City of Newport Beach
entered into a twenty -five year tidelands lease agree-
ment with the Harbor Island Community Association for
the purpose of enabling the Association to use tide-
lands and submerged lands around harbor Island for
recreational and educational purposes. This lent* pro-
vided for a single fee payment of $250.00 for the full
term, and such iee was paid in advance on March 22, 1944.
Said agreement terminated on October 30, 1968.
A recent mar. prepared by the Orange County Harbor
District indicates:; that approximately ninety percent of
the Harbor Island tidelands is under the administrative
control of the County of Orange under trust from the
State. In view of this claim, the City Council has de-
termined it to be inadvisable for the City to renew the
agreement or negotiate a new agreement with the Harbor
Island Community Association.
Mr. Kenneth Sampson, Director of the Orange County
Harbor District, has been advised of the position of the
City Council for whatever action he may elect in regard
to negotiating a new agreement with your Association.
HLB r my
BCC: City Attorney
Public Works Director
City Harbor Coordinator
Very truly yours,
HARVEY L. HURLBURT
City Manager
WWC:mec '/
,1/15/62
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CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
SUMMARY OF CITY'S HARBOR ISLAND COMMUNITY
ASSOCIATION LEASE
I: GENERAL INFORMATION
Parties to Lease City of Newport Beach, Lessor
Harbor Island Community Association, Lessee
Date of Lease September 18, 1943
City Council approval
Original lease 2950 January 17 .1944
Res. No. ZDate a opte
Land Location
Tidelands and submerged lands around Tract No. 802 (Harbor
Island) lying between ordinary high tide line and U. S. Govern-
ment Bulkhead lines
Source of City's Title Tidelands Grant
II..9 LEASE DURATION No. years: 25
From: November 1, 1943, to October 30, 1968.
III. LEASE'PROVISIONS
Rental: $250 for full term, paid,March 22, 1944; Lessee also
to pay all costs and reasonable attorney's fees in-
curred by or imposed on Lessor in connection with any
litigation commenced by or against Lessee in which
Lessor is made a party without fault on its part, to
be considered additional consideration for granting
of the lease.
Purpose: Solely for recreational and educational purposes.
. - a airs: Lessee to keep grounds in good condition, free from
rubbish and debris; also to police same; and not to
erect buildings or other structures thereon without
written consent of Lessor, except piers, floats and
slips may be built under then existing City regulations.
Assi nabilit s No assignment of lease or subletting of premises,
an no mortgaging of the leasehold interest or any of
the improvements, without written consent of Lessor.
Renewal: Lessee to yield up immediate possession of premises,
together with all improvements, on termination of lease
by forfeiture or lapse of time, or pay $100 per month
as liquidated damages for whole time possession is
withheld.
Terms of default: Upon default in any condition of lease by
Lessee continuing for 60 days after written notice to
Lessee, Lessor may declare term ended, re -enter premises
and expel Lessee. Lessee waives compensation for for-
feiture and demand for possession.
Taxes: Lessee to pay all public improvement assessments due or
to become due, all water rates, meter charges, and other
charges, and all city,.county and state taxes on any
improvements on the premises and on leasehold'interest.
Insurance: No provision.
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THI9 AOa'i:'.S ;r OF LZASi made this Lf day of
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-� S t _.< +yb ..4 1555, by and betHean the CITY OF
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X&dWRT BZACH, a municipal corporation of the sixth class of
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( Orange .County, California, horelnaftex referred to as the
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Party of the First Part, and HARBOR ISLA:;0 00''.2:UNI1'Y ASSOOSATION,
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a Loa - Profit Oalifornia Oorporation of Newport Boaca, California,
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Derefoafter mferred to as the Party of the 9soond Port+
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- - -- W I T 2 Z 9 9 Z T H - - - -
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W- aREAS, Harbor Island boo annexed to the City
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of Newport Beaca and is now a part of Bald City; and i
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7,HZAZ.$, there Is certain barbor frontage, tide
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�� Baal submerged lands in and around said Harbor Islana, xblall
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lends are More Partloularly hereinafter described; end
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P 'MGRZAS, In the judgment of the Party t: the
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First Pori SS is for the Met interests and welfare Of eaid Oity
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and the residents thereof, to lease said lands hereinafter
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described to the Party of site Beoond Part for the pvr;;ooes
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hereinafter met forth apd under the termm and conditions c.
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solo lease; and
If 23
',iriZUAS, In the judgment of the City Council of
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the City of ;;ewport Beach the use of the tide lands and uplands
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abutting thereon hereinafter described for industrial uses would
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1 be inimical to the best Interests of tic Shia City for tht
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racoon that the Property surrounding and abutting said lards
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have *&son subdivided for residential use Bad the saes are can
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� teing una for residential purposes exolµdigly cad there an no
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Industries of any dnoriptien immediately adjoining Said lands
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to be lessed and hereinafter described; and
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1 !; WKMa S, it to the present intention of the
2 'I Party of the First Part that said harbor frontave, tide land@
3 am mubnerged lands shall never be used for industrial purposes
4 II and shall be kept for park, recreation and education purposes;
6 !. and
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6 'OGB7.AS, it is the judgment of said City Council
7 of the City of Newport Beach that the leasing of said lenda to
6 the Party of the Second Part upon the conditions in this agree-
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S Mont specified is not Inconsistent vita the trust imposed upon
10 such portion of the lands hereinafter described, which may can -
11 atltute tide lands by the ConStItntlon Of the State of California,
12 and by the respeot /ve granta unasr which Maid City of Newport
13 Beach acquired said lands from the State of California; and
14 'WHXPg AS, a portion of the lands hereinafter des -
16 cribod oonstltute tide and submerged lands and water frontage aad
161 a *mall portion thereof constitute uplams abutting thereon; sad
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17 V M- UREAS, in the judgment of the party of the ritst
18 Part said upland* oannot be used without geld tide lands, nor
19 can said tidelands be used without the uplands abutting tbar *on,
20 sad it is further the jud,ment of said Patty of the rlrst Part
21 ithat the leasing of the wgcls of said lands hereinafter dasozibed
22 es one parcel Is neoessaby for the proper development and use
4E of said lands, water frontage, tide and submerged lands for
24i recrestional, resldential ani educational purpose @, and it 1s
25I farther the UQ
f gmenS of the governing body of said flier Party
46 above named that the leasing: of Maid lands for said purpoesi to
r7 I neeaesary for the proper development of Newport Harbor and the
i 21 lams tributary sheieoni and
j 2 N3"AS, it Is the intention of the party of the
30 I second Part to Use said land* hereinafter described for recreation-
' 31 61 am park purposes not lnconsiotsnt with the trust Under whloh
3! said Sands are now being bald by ftrot party,
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1 \t DU. ThMMFORP., THIS AGRSIHBNT rURTIMR TIMS907H:
2 The: first party, for end in consideration of the rents herein
3 reserved, and the covenants and agreements herein contained,
4 on the part of the second party to be kept and performed. has
8 devised and leased, ano does by these present% demise sad lease
8 unto the second party all the right. title and interest that said
7 City has acquired under Acte of the LeFiolature, or otherwise,
9 is and to that certain real property more pQXAICUlarly do-
b soribed as follows, to -wit:
30 All those certain tidelands and Submerred
lands lying between the ordinary bigh %Ids
11 line of the Pacific Dcean in Newport Bay,
exteadlr.< around Tract NO, 802, known as
Harbor Island, as Bald ordlnar hica tide
13 line Se deserlhed in Case ;o. .3630 of the
Superior Court. State of California, in and
for the County of Orange. recorded in Book
I4 of JudFtcenTs No. 22, page 338, on July -2nd,
18 1928, and the U. S. Government Bulkhead
liner extendinf around Bald Tract No. 002,
18 as Said bulkhead lines are laid out and
ebown upon o map entitled •Harbor Lines,
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Fewn.ort y
by the LarDepartma California-.
ntttey Bad. 193a. approved
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19 copy of said map being on file in the
office of the U. S. District rnFineer,
19 y51 South Flguerou Street, Los Angeles,
Jalifornia.
20 ptraor;,_t for the sole purpose of using said Issue,
21 for recreational And educatloml purposes,
i J"t To have and to hold the two with the sppur-
23 tome, of unto the said party of tht second part, for and Wing
24 the term of twenty -fits (25) years, eommanoing as of the let
25 daf Of Dovember, 1913, and ending as of the 30th day of COtcbsr,
7 1888,
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0017BICARATT011t Second Patty WOOS to pay to the
28 rirst Party for the full term hereof the am of Two Hundred fifty
29 Dollars (8250,00).
30 FU.TH&R 90118IDrRATIGN1 Party Of the Steend part
31 further Wass to keep Bald grounds in good Condition, free from
rubbish and debris and to police the two at Its Solt Cott and
sou +� r -wrfw, %fP0,80,
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TAXES AND ASSSSSITFTSt AS a further consideration
for the Is"ing aforesaid, the Party of the Second Part covenants
and agrees to and with the Party of the First Part that it will
pay, in addition to the oonslderatiune above specified, all
public Improvement assessments which may become due from time to
time upon said described property, and in this eonnlcti on said
Party of the Second Part -►.sees to and data hereby assume and
agree to pay as due, all unpaid assessments now a,alnst said
property of every nature, descrlptiu-I or kind. T�.e Party of the
Second Pest further agrees to pay all water rates, meter charges
and other charges levied, assessed or imposed upon said devised
premises, or any part thereof.
The Party of the Second Part further coverante
and 4 roes to pay taxes, city, county and state, levied or assessed
against any improvements which may be placed in or upon said
described premises, ►o well as all taxes which may be levied on the
leasehold Interest of said Party of the Second Pert hereunder, and
further the Party of the Second Part agrees and ccvenan:s to pay
all the above named Charges before the same shall become delinQVVMt
The Party of the Second Part further eoremnts \
and agrees that in the,evout Say bulldings or other structures ors
placed an said land, that it will notify the party of the first
past promptly of its intention to treat or construct buildings or
other improvements on Ohio described premises, and the =Sur*
thereof, and the approximate costs thereof, and the party of %no
first part resarvc• the right to post and keep posted on said
premises, notices of non - responsibility for labor, materials and
supplies furnished to the second party, in the usotioa and Con-
struction of any and all improvements on said described premises.
So buildings or other structures shall be Rooted
on aid Sande without the $sprees written uoneent of the first
Party, eaospt that piers, floats and slips say be built under such
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specifications, rules and regulations than existing in the
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Oity Of Seaport Beach.
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,ABSIOL9:EFT OF LEASE: The party of the second part
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rortber covenants and agrees with the party of the first part that
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It will,nct aesign this lease or any interest therein, without
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first obtaining the written consent of the party of the first part
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for such seeignment, and the party of the second part further
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&grass in this connection, not to sublet said demised premises
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or any Part or portion thereof, without the written Consent Of
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the party of the firs, part.
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The Second Party further covenants and agrees that
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SL will not mortgage said leasehold Sutarest, or any of the lMrff
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meats thereon, or to be placed thereon, without the express written
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consent of the party of the first part first had and obtained.
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bIBnT lAB ^'f" COYI'AI'T OF PEAC�F1L d: :TO^_i.S: The 1
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maid party of the first part hereby cover"-,a and agrees that the
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party of the second part, performing the covenants, terms end
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conditions of this lease on the pert of the party of the second
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part to be,sept and performed, may end shall have the right at all
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times during the term Of tail lease, to quietly and peacefully
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hold, possess, use, ccpupy sad enjoy said leased land and premises
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and all improvements which nay from time to time be placed thereon
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Yndse sna by virtu* of this less¢.
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t.20DIDA.4D DAtr. OEet The Party of the Second Part
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further covenants and agreed that it will, upon the tsmimtiee
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of this lease by forfeiture or lapse of time, yield up immedi&te
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possession Of said demised promises, together with all the
Improvements thereon, to said Party Of the first Part, or to
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Per, upon tau ln{' so to so, Y liquidated damages for the whole
30
time such possession is withheld, the sum of 0300.00 per month,
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but the provisions of this clause shall not be hold sm a waiver
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by said Party of the first Part of any 116111 of re-entry sm
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hereinafter eat forth, nor shall the receipt of said rent or any
part thereof, or any other not in apparent affirmance of the
tenancy, operate as a waiver of the right to forfeit this lance,
and the term hereby granted for the period still unexpired, for
MY breaon of the covenanta herein.
::OTIU: In the event said Party of the Second
Part shall default in any of the terW,, conditions or covenants
hereof, and said default Canal Continue for sixty (c:J) days after
notice thereof in writing to the Party of the Second Part, then
end in either or any of such events, it shall be lawful for the
party of the first part, at Its election, to declare said term
ended, and wltn or without process of law, to re- anter, and the
said Party of the Second Pert ena every, other person in or upon
said premisea or any part thereof. to expel, remove and out out,
aging each force as may be neceseary in so doing, and to repossess
and enjoy sold premises without preiudlce to any rights or
remedies whether by statute or oowon law, which might be used for
breach of say term, covenant or Stipulation of this lease. In
this connection the Party Of the Second Part waives any
compensation for the forfeiture of ,said term or the possession
of said demised promisee by the Party of the First Part, in the
event of the forfeiture of this lease for any of the onuses
aforesaid, and hereby waives any demand for the possession of the
premises in the event of the forfeiture of this leases and agroes
that any notice that the Party of the First Part may desire or
is required at any time to give or serve upon the Party of the
Second Part, with reference to the foregoing covenants, or any
other one in this lease, may be Sent by registered mall, postage
prepaid, to the Party of the Second Pert, at much address as
Shall have been last furnished in writing by the Party of the
second Part, to the Party of the First Fart, at may he left at
-e.
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such address in the care of any employee of the Party of the Second
. Part, or the Party of the First Part may poet cued notice con -
Bpicuously for ten conseoutive days upon the said described
premises, and the giving of such notice in either way above
described Shall constitute a good, sufficient and lawful notice
in all cases where by the terms of this lease a notice is
rewired to oe given by 9:,id Part,• of the First Part %a the
Party of the Second Part.
COSTS OF LITIOATI0V: The Party of the Second Part
further covenants to and with the Party of the First Part that
in the event said Part? cf the First Part shall without any
fault on its part, be made parties to any litigation commenced
by or against Baia Party of the Second Part, %hot the Party of
the Second Part will ph-1 all costs and reasonable atnorney'= feet
incurred by or imposed upon. said Party of the First Part, by or
in connection with said litigation, and the Party of the Second
Part will pay all moats ant reasonable attorney /e fees which my
be Incurred or paid by the Party of the First Part in
snforoing the covenants of this Isaac, and all aeon costs and
attorney's fees when paid by said Party Of the First Part shall
be so much additional consideration for the granting of this lease.
FISST PARTY'S Sr OIES1 It Is further understood
and agreed that the various rights and remedies aerain OOntainsd
and reserved to the Party of the First Part, shall not be con -
sidered as exclusive of any other right or remedy, but the same
/hall be construed as Oumulatiwe, and Shall be In addition to
every remedy now or hereafter existing at law, in equity or by
dtatute. 10 delay or admission of the Party of the First Part
t0 exercise any right Or power arising from any Omission. Or
default of the Party of the Second Part, Shall impair Say such
right or pONSr. or Shall be construed u a waiver of any Saab
default at any aOQYIesIn01 therein. 10 waiver of the breath of
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1 any of the covenants o: this lease shall be conetiued or held to
2 be a waiver of any other breacr♦ or waiver or an uieseenoe Sa of
3 I� consent to Any further or succeeding breaca of the same covenant
4 • IN WITNESS t,=0F. the City of Newport Beach
5 I hag this day caused its corporate name to be slpned " Ste
6 corporate seal to be affixed by iLa Hayor and City Clerx there-
7 unto duly authorized by Resolution of Its City Council dated
B I the L' A day of yI S 194A and the Party of the
9 ��- -i
second Part has hereunto aavged Sta corporate name to be signed
10 "a its corporate seal to be affixed by the President and Secretary
11 ,I thereunto duly authorised by Resolution Of it• Board of Directors
12 i� %be dM day of $o♦�-}s +6", 1943.
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14 CITY OF HWWPORT B'sACH
16 By iii...
19 Payor
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Party of the First Part
HARBOR ISLARJ C=1JFZTY� A9dOCIATION,
By .Qa l ...
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AT.AdTI
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Party of the $40and Paxt.
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March 22nd, 1944.
Mr. Frank L. Rinehart, Clerk,
City of Newport Beach,
Newport Beach, California.
Dear Sir:
Enclosed find the following
executed by Harbor Island Community Associa-
tion in favor of the City of Newport Beach:
Deed of Easement conveying Bridge, water and
Sewer systems, and easements over private
Roadways for maintenance of the same.
Tidelands lease for a. term of twenty -five years,
commencing•on the let day of November, 1943,
and terminating on the 30th day of October, 1968.
Check No. 52 in amount of $250.00 in full payment
of tidelands lease. !
Will you please acknowledge receipt
of the above mentioned documents?
Yours very truly,
HARBOR ISLAND COMh;UNITY ASSOCIATION,
If
By lk < -ti
Assistant Sec y.
Enc. 3.
1
1 ' AGRPrk 14 T
2
3 THIS AGREEMEI� OF LEASE made this gth day of
4 S e b f e m b e Y- 1943, by and between the CITY OF
1
5 NEWPORT B;wACH, a municipal corporation of the sixth class of
6 Orange County, California, her61nafter referred to as the
7 Party of the Tirst Part, and HARBOR ISLAND COW - -UNITY ASSOCIATION,
8 a Non- Profit California Corporation of Newport Beach, California,
9 hereinafterieferred to as the Party of the Sedond Part:
10
- - - - 19 I T N .. S S c T H - - - -
11
12 WHEREAS, Harbor Island has annexed to the City
13 of Newport Beach and is now a part of said City; and
14 1 1 6JHEREAS, there is certain harbor frontage, tide
15 and submerged lands in and around said Harbor Island, which
16 lands are more particularly hereinafter described; and
17 WHEREAS, in the judgment of the Party of the
18 First Part it is for the best interests and welfare of said City
19 and the residents thereof, to lease said lands hereinafter
20 described to the Party of the Second Part for the purposes
21 hereinafter set forth and under the terms and conditions of
22 this lease; and
23 VIHEREAS, in the judgment of the City Council of
24 the City of Newport Beach the use of the tide lands and uplands
25 abutting thereon hereinafter described for industrial uses would
26 be inimical to the best interests of the said City for the
27 reason that the property surrounding; and abutting said lands
28 have been subdivided for residential use and the same are now
29 being used for residential purposes exclusively and there are no
30 industries of any description immediately adjoining said lands
31 to be leased and hereinafter described; and
32
LAW OFFICES OF
ROLAND THOMPSON
210 SPGRGEON BLDG.
SANTA ANA. CALIF.
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LAW OFFICES OF
POLAND THOMPSON
210 SPURGEON BLDG.
SANTA ANA. CALIF.
WHEREAS, it is the present intention of the
Party of the First Part that said harbor frontage, tide lands
and submerged lands shall never be used for industrial poses
and shall be kept for nark, recreation and education purpo4s;
and
',rHEREAS, it is the judgment of said City Council
of the City of Newport Beach that the leasing of said lands to
the Party of the second part upon the conditions in this agree-
ment specified in not inconsistent with the trust imposed upon
such portion of the lands hereinafter described, which may con-
stitute tide lands by the Constitution of the State of California,
and by the respective grants under which said City of Newport
Beach acquired said lands from the State of California; and
'THEREAS, a portion of the lands hereinafter des-
cribed constitute tide and submerged lands and water frontage and
a small portion thereof constitute uplands abutting thereon; and
WHEREAS, in the judgment of the party of the First
Part said uplands cannot be used without said tide lands, nor
can said tidelands be used without the uplands abutting thereon,
and it is further the judgment of said Party of the First Part
that the leasing of the whole of said lands hereinafter described
as one parcel is necessary for the proper development and use
of said lands, water frontage, tide and submerged lands for
recreational, residential and educational purposes, and it is
further the judgment of the governing body of said first party
above named that the leasing of said lands for said purposes is
necessary for the proper development of Newport Harbor and the
lands tributary thereon; and
WHEREAS, it is the intention of the party of the
second part to use said lands hereinafter described for recreation-
al and park purposes not inconsistent with the trust under which
said lands are now being held by first party.
-2
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NOG, THEREFORE, THIS AGRs IAA's" FURTHER WITNESSETii:
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That first party, for and in consideration of the rents herein
3
reserved, and the covenants and agreements herein contained,
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on the part of the second party to be kept and performed, has
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demised and leased, and does by these rresents demise and lease
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unto the second party all the right, title and interest that'gaid
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City has aceuired under Aots of the Legislature, or otherwise,
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in and to that certain real property raore particularly de-
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scribed as follows, to -wit:
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All those certain tidelands and submerged
lands lying between the ordinary high tide
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line of the Pacific Ocean in Newport Bay,
extending; around Tract No. 802, known as
12
Iia.rbor Island, as said ordinary high tide
line is described in Case No. 23690 of the
13
Superior Court, State of California, in and
for the County of Orange, recorded in Book
14
of Judgments No. 22, page 332, on July 2nd,
1928, and the U. S. Government Bulkhead
15
lines extending around said Tract No. 802,
as said bulkhead lines are laid out and
16
shown upon a man entitled "Harbor Lines,
Newport Bay Harbor, California", approved
I7
by the War Department May 2nd, 1936, a
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copy of said map being on file in the
office of the U. S. District Engineer,
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751 South Figueroa Street, Los Angeles,
California.
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PURPOSE: For the sole purpose of using; said lands
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for recreational and educational purposes.
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TEII: To have and to hold the same with the appur-
23
tenances unto the said party of the second part, for and during
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y- ) years, commencing as of the 1st
the terra of twenty-five ive ( 25
25
day of November, 1943, and ending as of the 30th day of October,
26
1966.
27
CONSIDERATION: Second Party agrees to pay to the
28
First Party for the full term hereof the sum of Two Hundred Fifty
29
Dollars (;;250.00).
30
FURTHaR CONSIDEi''LATION: Party of the Second Part
31
further agrees to keep said grounds in good condition, free from
32
rubbish and debris and to police the same at its sole cost and
LAW OFFICES GF
ROLANO THOMPSON
expense,
210 SPURGEON BLDG.
SANTA ANA, CALIF.
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LAW OFFICES OF
ROLAND THOMPSON
210 SPITRGEON BLDG.
SANTA ANA. CALIF.
TAXES AND ASSESSMM6*
As a further consideration
for the leasing aforesaid, the Party of the Second Part covenants
and agrees to and with the Party of the First Part that it will
pay, in addition to the considerations above specified, all
public improvement assessments which may become due from time to
time upon said described property, and in this connection said
Party of the Second Part afrrees to and does hereby assume and
agree to pay as due, all unpaid assessments now a;::ainst said
property of every nature, description or kind. The Party of the
Second kart further agrees to pay all water rates, meter charges
and other charges levied, assessed or imposed upon said de!:iised
pre ;rises, or any part thereof.
The Party of the Second Part further covenants
and agrees to pay taxes, city, county and state, levied or assessed
a;;ainst any improvements which may be placed in or upon said
described premises, as well as all taxes which may be levied on the
leasehold interest of said Party of the Second Part hereunder, and
further the Party of the Second Part agrees and. covenants to pay
all the above named charf?es before the same shall become delinquent.
The Party of the Second Part further covenants
and agrees that in the event any buildings or other structures are
placed on said land, that it will notify the party of the first
part promptly of its intention to erect or construct buildings or
other improvements on said described premises, and the nature
thereof, and the approximate costs thereof, and the party of the
first hart reserves the right to ?lost an(, keep posted on said
premises, notices of non - responsibility for labor, materials and
supplies furnished to the second party, in the erection and con-
struction of any and all improvements on said described premises.
No buildings or other structures shall be erected
on said lands without the express written consent of the first
party, except that piers, floats and slips may be built under such
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LAW OFFICES OF
ROLAND THOMPSON
270 SPURGEON BLDG.
SANTA ANA. CALIF.
r r .
0
specifications, rules and regulations then existing in the
City of Newport Beach.
ASSIGNMENT OF LEASE: The party of the second part
further covenants and agrees with the party of the first part that
it will not assign this lease or any interest therein, without
first obtaining the written consent of the party of the first part
for such assignment, and the party of the second part further
agrees in this connection, not to Sublet said demised premises
or any part or portion thereof, without the written consent of
the party of the first part.
The Second Party further covenants and agrees that
it will not mortgage said leasehold interest, or any of the improv
ments thereon, or to be placed thereon, withoutthe express written
consent of the party of the first part first had and obtained.
FIRST COVENANT OF PEACEFUL ENJOYMENT: The
said party of the first part hereby covenants and agrees that the
party of the second part, performing the covenants, terms and
conditions of this lease on the part of the party of the second
part to be kept and performed, may and shall have 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'thereon
under and by virtue of this lease.
IIQUIDATED DAMAGES: The Party of the Second Part
further covenants and agrees that it will, upon the termination
of this lease by forfeiture or lapse of time, yield up immediate
possession of said demised premises, together with all the
improvements thereon, to said Party of the First Part, or to
pay, upon failing so to do, as liquidated damages for the whole
time such possession is withheld, the sum of ;100.00 per month,
but the provisions of this clause shall not be held as a waiver
by said Party of the First Part of any right of re -entry as
��.
n
I I J
u
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•
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hereinafter set forth, nor shall the receipt of said rent or any
2
part thereof, or any other act in apparent affirmance of the
3
tenancy, operate as a waiver of the right to forfeit this lease,
4
and the term hereby granted for the period still unexpired, for
5
any breach of the covenants herein.
6
NOTICE In the event said Party of the Second
7
Part shall default in any of the terms, conditions or covenants
8
hereof, and said default shall continue for sixty (80) days after
9
notice thereof in writing to the Party of the Second Part, then
10
and in either or any of such events, it shall be lawful for the
11
party of the first part, at its election, to declare said term
12
ended, and with or without process of law, to re— enter, and the
13
said Part of the Second Part and every ry other persosf in or upon
14
said premises or any part thereof, to expel, remove and 'put out,
15
using such force as may be necessary in so doing, and to repossess.
16
and y said remises on joy without
j p prejudice to any rights or
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remedies whether by statute or common law, which might be used for
18
breach of any term, covenant or stipulation of this lease. In
19
this connection the Party of the Second Part waives any
20
compensation for the forfeiture of said term or the possession
21
of said demised premises by the Party of the First Part, in the
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event of the forfeiture of this lease for any of the causes
23
aforesaid, and hereby waives any demand for the possession of the
24
premises in the event of the forfeiture of this lease, and agrees
25
that any notice that the Party of the First Part may desire or
26
is required at any time to give or serve upon the Party of the
27
Second Part, with reference to the foregoing covenants, or any
28
other one in this lease, may be sent by registered mail, postage
29
prepaid, to the Party of the Second Part, at such address as
30
Shall have been last furnished in writing by the Party of the
31
Second Part, to the Party of the First Part, or may be left at
32
LAW OFFICES OF
ROLANO THOMPSON
-6-
210 SPURGEON SLOG.
SANTA ANA. FALIF.
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LAW OFFICES OF
ROLAND THOMPSON
210 SPURGEON BLDG.
SANTA ANA, CALIF.
such address in the care ;;V any employee of the Party aif :.*t* Seoord
Part, or the Party of the Part may poet such notice con-
spicuously for ten consecutive days upon the said described
premises, and the giving of such notice in either way above
described shall cons #itute a go". sufficient and lawful notice
in all oases where by the terms of this lease a notice is
required to be given by said Party of the First Part to the
Party of the Second Part.
COSTS OF LITIGATION: The Party of the Second Part
further covenants to and with the Party of the First Part that
in the event said Party of the First Part shall without any
fault on its part, be made parties to any litigation commenced
by or against said Party of the Second Part, that the Party of
the Second Part will parr all costs and reasonable attorney's fees
incurred by or imposed upon said Party of the First Part, by or
in connection with said litigation, and the Party of the Second
Part will pay all costs and reasonable attorney's fees which may
be incurred or paid by the Party of the First Part in
enforcing the covenants of this lease, and all such costs and
attorney's fees when paid by said Party of the First Part shall
be so much additional consideration for the granting of this lease.
FIRST PARTY'S RNHED148: It is further understood
and agreed that the various rights and remedies herein contained
and reserved to the Party of the First Part, shall not be con-
sidered 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 existing at law, in equity or by
statute. No delay or admission of the Party of the First Part
to exercise any right or power arising from any omission, or
default of the Party of the Second Part, shall impair any such
Tight or power, or shall be construed as a waiver of any such
default or any acquiesenoe therein. No waiver of the breach of
—7—
.... _....... .._. ._ .:.: rid' lM" �.,. ._. -».-. s... ...
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LAW OFFICES OF
POLAND THOMPSON
2I0 SFU....N .L...
SANTA ANA, CALIF.
any of the covenants of tUs lease shall be oonstrued:er held to
be a waiver of any other bziph or waiver or acquiescence in or
consent to any further or succeeding breach of the same Cpv+031ant.
IN FITNESS WHERXOF, the City of Newport Beadh
has this day caused its corporate name to be signed and its
corporate seal to be affixed by its Mayor and.City Clerk there-
unto duly authorize by Resolution of its City Council dated
the day of , 194$ and the Party of the
Second Part has hereunto caused its corporate name to be signed
and its corporate seal to be affixed by the President and Secretary
thereunto duly authorized by Resolution of its Board of Directors
the 1 8th day of Sap} < -m b aY 1943,
C
CITY OF NEWPORT BEACH
By l
Mayor
Party of the First Part
HAT7 ISLAND COMMUN Y ASSOCIATION,
By fi�
Pre e
ATTZST:
Secretary
Party of the Second Part.
ELM
Ylil
V1,
1XA It
1W.7
OF 9#40 SUm 181h d*y of
etqpt#xbmr# X k bt and boUtom %34# AMT Or XWPOAT
MACHl a 1 1.421*1 Oorporstumn of Us Sixth *logo Of
orarsgo G.QuA%y#: 4".Uhernia., hez,#Illkafter rotorrud to ae the
-rty of Wis Fir at Part.y arid !!.,�AEGR 1r i! I D Cotd 41; ITY A5 T.*kCj1ATT.0f:
A4 it N
of New; p(�)It j;*F'cht
•oroinaftor reforroA tct i,v' the FRiA,l- -f- t;"4
P :,4" Nibwport Bep,011 nnsl IV !1 pnpt of ll'116,
I
WHERRASt thoro Jo rjort#-iln bnrbor .0c--antpgo., %14v
mibmargli d lands .tat iv.; 3. tAround vwx->'r, Rm:biw i41ilqh
WHERTAO, An ti�@ judgmeilt 44, thil P�Irty thf�
,Vi,vmA Pvrt It Is 'rQr Tbe bfflat InterxivAn P.v! w91fa-ve of vt.-�Ad city
ti, I-Aot? Alalll lands I)ervInarter.
FOr 4;!v pwrp*o�ns
;jor4k?ed �o the Party th4 f
t),df) loan*** and
WN&A" i in tho p6down af aw O&VI ve"01.
Vh4 0 It' osf fsiigert Utah' 1410 use of `bht U44A &AA vp
Awtung thoro.ca blorwinartor do. sorlbod. for AnOOOPUl. uso-f-POWA
has InUaloal to the boot ihX**ooU of the said.. 0 04Y Or the
reason that the pNiporty eurroutAing amd uNgStIng., -"td. %wAlk
havit boon *vb41Y1 Wd for jft#M*pSU1 uoo and tho Ammo, a*
boo rg uood for "4444411al pul""S excloolvArr&O *#ri "W so
W"U10A. Of,st", 4004wipUes 4wwout`104 A4401r4me "Ill. "Ass,
mL
. . . . . . . . . . . . RAW,
I-A Ti ml�,�;4,
.........
P4r%y or tha Piro Part lbat'.uLd bapbor tftlktA"# U&I JLFL"F
anl oubm"od I&rA* Am"I nov*r bo mood for u4ustopa ptM0446
and r 1 be )AP11 foe Y&Vko. tsarootIOA 4Ad 04AA44VIon pw.,Jy.�sm-m;
0 Wt t
WMFA*o It IN tbe Iwtiment of mald Oltl,,, Ommoll
of the alty of menort SeRoh tbat thit 1441alng lif luh . 4 4 Q
Party *-f the g000" Pak upon lh,� I!; +J111m Av;poo-
.z.,uoh partlon of i�-,v eon-
t1de 1p,ndA !.,y '1i-, (,Ijn Lit, lAut I,n:,, of
pr;'d by thqi rompeat' S7`,4,,nt.o under viilloh (':t
��fmolh v.oquirrml sal-0 from the (.4
partl.gn of 26",up
"Onsti't�It" tWe Awl *ul-mergoa. 1p.m".m irv, fin
'kiH;'W,V47 In the liAdym-pot of tl,vA FKrpt
uplaaulpi cnl�not Ime used wltOalit uvl I VV I, ni,
'Adolpmle I-w umed wIthoul th" pj,!..gj<< c)j
11, lt4 furth-v• Uln Judgment or enta '',fart y Pr%rt
lonAlng o)' the vhol$q 0
51 lw �jrj 1. jl,
o t 4?. rY t:'1 fL r y cl n I# I I
U'tb* 4sksiuoh Ot tu or
-4
not InoollsistOnt wlth the truss um.ler
whiall.
,* ;z r
•.. t,
0 40VA04: ant Uan*
or US 1AS"lavuro, or oth"Wis*#
v 44 .v""rty so" vkrtieu
stf . it tent
those otrULA %I401an4a Am submerged
UrAs lyUq b*W**A %ho ordiftry high %Ijo
line of Zbo P*41rif 000an to Newport Bay,
sxtondiag ammA Treat No. known as
H&"Or Isla". 60 Sat(I Ordinary high tide
Unt if d*"Vibod in Case Ito. 2,4690 of uv
SU"rior "urt# State of Callrornl*, in and
for the County of drango, rsaorde4 In Book
Of ant* No,', 22# P49v 332# On July 2r,%I,
1928# RWI the U4 go Government bulkb*sA
XIMS extending around said Traolt No. 002,
.46 $414 bulkhead lines are laid out end
shown upon a map entitled Marbor Lines,
Newport Sal llarlmw# Callromis,41 a< proved
by the war 09PAV "At may ZrA# 93 v a
oil said a mp 4eir Ag on file in the
off as of the V* A. Distriat VngIn$#rf
711 South F1C*&rO& Street, Los Angeles,
California,
for the sole pur-pope of using said
for r*4r41i1IO0&l and edueationsl pul4pogge.
2Wt To have an(j to ho.j.f'j tjNe p
m;!Iq wit}, the appu"
T'OnOnGW• Unto the said pArtY.Of the firnoond port, for and 4Uring
.tb* term of twonty—rivo (23) yj,&rm* 001plEjeocing no of the 14t
46-Y Of November, 1943, And melding an of tbP'3(-A,1A (!FLY Of Ootobyrx
112WU4;!ZU: 800,,Y)d IFirty Agpigs to PAY Co the
,30!
114r,00V the 41.1,;Q 0jr Two UMA41-011 Fifty
UUML-0-14MMMUM vtitrty of. UIL0 6.060914. Part
oat"
Mk.. d In �," ,e
JO.'a c),11101tiono rIve rram
0010 a**% *Ad
� 3 4
71,
00
.. ..........
`MIR
7p:4
Ilk Samdo "1* 0.
t
469m hereby &$sum* ah82
40" 0=onto now agairot "I'd
mat". Or UZd. The Party
au vaser mt, ..ter QJ34rost
#rA.*%bA"p.ah&rv* isivieds asirosov 4 Or Impomod Upon #AId.4#Aj .. a . it
PPONI"Go GY SAY port thereof,
Pu" further coven^At■
and,*V!pqs to pay taxes
eouns
y
t: iapravearents wh1oh, way be plAO04 In or upo m'0a$A
ag we'
ll'Rf All tkx*(J WbiGh may be 4.V.**A On the
lat"01 Of said P*,ftev Of tJW Novond Part hor""Or, W4
'U* Party Of the Saeond Part "as And q
ovestants U: j;iy
abs"res bacers the *
am "all bosoms 401
The Party of the Usond Part further 06'ren"tS
i47-At In the @vent ftnr builAings or other atr
u0t%"4k4Wf
notlfi the party of tixg first
Or Its IfItOOZ1011 t6 oroot or 00natruot buildings or
On avid dencribed prolbloos# and the naturo
4PPr0xImA%Q **eta theroof, and the party or tho'
ma thp. right to W"t Und keAP P08tod on said
vt, reg"ny
y.Z-11AP.Ppo itot5 0.eq Cf tion«rp8pnnmlbil.$.%y for l6bors m&t0rjA3.@ agxl
vm*'pp.141rjS Nrajoued to t.tjq 815•0org r
�Wtyj, 1" the orgotion And 0130-
#t9v0tA*n Of Ony Wid all Inw9y9mento vik oati. iaeaor,004 omm,-
NO buildims or otAsr air"14"s "44 4x '#r±%
an WA Isadm without the ox"gem wri
tbo
roll'
WVt a 14*8 mmy- he USA0 u4o* mob
JU Arg VWQ p% pl,erill flo
, r'
I
I
IN
It Will U*t Sesio _OU: toast 0 40 iln'ttrost they'0140 4thout
first qfttA1n1Og'*h* written sonsoot or the party of the tIrmt pf.rt
for MAO AUNISU*04to and the WVjv of the peanna paA fjw%hor
agrdoto th thin Obaftotlear no% to atablet said dOMIROA prOdGen.
or icny part or portion thoroo:# without th6 wriAton conjoent of
tb* party of the fire% p xn,
The So4and Party further orivenontm arO me
It, '0.11 not MArtgAff'D SMA44 10PLO"1103A 0' 1;!1p vOvQ..
or tc? bo p)Aq,?.e1 Oirrovoil, Withow" V'o
c';Qgent of the Party c ' th7 firf3t pal-v, Firvt Los". ax',J ubtiArAe.d.
QW-1:234ANT U' The
_�Lj
vild. party of the first pi,-rt bereby wiJ vgr4+f4q that tho
pxrty of the m000nd part# pox1ormlrv4 tllio ovvenA.Wro, tarwo 0310,
—Ondttlons or this Inane lux.1 the rt-irt or the OVIo
Tvxt to be kept and performe4f tiw.y ona gh'all hcvia the right at all
1J3)sLg 'during the torn', of thin leugeg to m,6. plagpfi.111Y
holao P01440041, use, 000upy J.&M On joy sold loin tuft 1ainkl i.-w:1 premig-ma
r. WiJob May ",00j- o 1"il f�c'd' t'll.py"Zon
F. und*r witl by VIA"WO of W110 104A04l,
MW
fts ?am of WW "soma
further, ooYonanu and agree* that it will# upon the torminah"
thle louse by forfelt%re or lapse. of time, yj#.18 Up launedilslkt
.1 of Auld demisod promiever VOKOher with all the
li;'�IMVQM8 rite tbOrOons to Said, Party of She r1rat kartg or to.
PO,Yp Upon falling so to do# sis liquidated da vAgoo rw.. th# wholi
time Nuoh possession Is W11hh*340 the .sum of 4100000 pop "to#
O"t lbo.,
but. vwi*ir
DY aat4 hrty of the lroi art of Any. xksot or ro�nUT Ito
y if
��p�� � 1•�"'«- tg; iy< �'� +r4 li Vt s''"g' S t , + hl c<
' !T• 'F_r'� tai t � '.'�{yI 1�� (�*a i�+{HS Li.,�t. .ri;x� rN !rY Y.t i tt .4. ,�
j`' •.. 4w IDLY t''..�'j�f 1�1y,{ yy��..++ i• y
_, tJ .. }fir `�'i'4`Il'`"'• .)`i'_l :i: . }'. = .�'•n,-i .f r .0
-. ���e ` 00% •:.fit ; �i�e �� +st 6A UL. refit or any
o:
t' •� =, �'p '��n � � �� I►�a311t� a,:`S"�1F�vbe� &� '�►
r;x,," teta.a,►it 40* J 00 IL odv*r 0 : rwe ..so fo Ae�% :tehlir 'ies�eses#
V.
a 41W . 'toff booft graahked 1(op tho poll" s,#w. unozywede ror
any br*#.Ob of 44voriarr %s kbtlr"140 .
t la tht a'In nt said Party nt' tb* 8sotrrA.
eirt attail etetRUjt Sn erny or they terms, oosiditimtaa or oerfmtttr,.nts
hsreses #s' anal eai� 4efauyt stJure.�. oorttinue for sixty (60) 6AYJP Aftsr
notlos t2ior taf In writing %o then Psrty of the %4o4n%i Part* then
*.nd in sittbor or any of ouch eve#ntes it shall b@ :tazrrNA roll 'tho
?arty of the first p6rt# #rt its.. e.#..e Qtit)t'i# to declare e7f3, gl term
t>+CI? edp and frith Or wl -thout pr000ss of laup to ro- •entert .nnel thw
e ald F&rty of the second Pewrt ated every other p Orman in or upon
ealtFj premises or any part thoroOts to e;xP610 r0l"Ov+e %nd pi tl twto
swing saoh Soros to may be taao'Aseary in 60 aOings Atud to )repot+eeeae
and 'enjoy said premises xit)aout prejudice to any rights or
romediss wbether by statute or oomumon i.aw# which mietht bet ueei for
tre&Oh of any terms covenant or stipulatlOn of this leerse. In
thle connection the Party of the Seconds PArt valves arty
00opentation tOr Us tereSiftft of said term Or the P6554 w�' _
of said Satmiser0 `pacwsssls�rer � we �ar�j► of Us Me pal�li►� w
ert�nt of the forfeiture of thi,s.10449 'for any at 'Obe eaused'�
m...foresaid, and hereby w&lvos WW A*%ArA for tho posooisiwr of
premlues in 'the event of the fWtiturS Of %iris lease# WA. a�raf�s
is ,c sarxy trot4cs bc.t %1w Party of the .yirst Fart tray dstis,*ii`>kr
nires4 at any tt fae to Sire or serva upon the
{;; >�9.,, 3rx"i: rr3tta Ytferanse %o ors feare9014 '04e'ez4 tr6ot Or
r.'x.bas' c,rst in thin leeras, spy tar ##nt by rogto ►� �# .ice
pia °s p id4 to the Peter of tho w psiorsk at $"I% SA&O" 'G a''
4
boon IAA r04l k irk k VFW: W to" how -09,:
dsOirt i*a t i4 O;krs Jr j ':,r�'..00 n-944 �'aK0 at *Y 1► "i1t! � �:�
!_a
•,f•..; "i:`li .v' t: . P:i.'� v Sk. t: J(j it =.
#R 't y
f�'V MN
'WA6
.All
"IWA my "01 mt
AVPS"4044411� *4111 "Aft"" 00 64144 4040i�"
premie"t 0 tip 61*1 off' smoh *""a U Oitbor way 0WO
400VAIN4 4MI-1. 00notilato 9GOAs Wflakent aad JAWf" fiatiov
la a'71 R tae rb by the Ume of thl* least a nolloo 10
r*qOiO":**O.:b9 $IVOR b4y "IA Party of the First Port to the.
Parma Off' , the M000nd Part#
42M ja AjjjOATjQ.H1 The iparty of the Sgooeta, Part
-tUrIhOr 06VSa&nt* to and Wit* tho Part,- of th* First Pay rt t; .t
In Vio event said Party of 09 first Part shalL •lthoiAr, any
fault on Its Wt# be amdo 10artloo to Any UtIgAtIon oommenoakl
by or agaInst said Party of the S000nd Pt�.rtj Ila; I, t1w Party of
the s000tml Part will pay all soots and roanonable attorney's CO. 0
inourrod-by or Imposed upon said PrArty of 'U.-to 14rat, Partt by M
in 60AMMon With said litigation* amlt the forty or tho. 0#000A
Part will p&y'all Mostim an
A roaaomble attorniky0i roes whiob "t
be IMUMOd Or paid by the 'Va",y of the First Par% 10
Onforoing the oovvnanta of this lopeop and all suph oosto and
wttornoy's fees wh*A paid by said r*r$y of the Flivt Pai�t shell
be to much A"Motal 40AS144MUSO for Um fr►nsug, Ot--V"#*Aq
EXOT Pi-MIA AMIXOt it is further mWenj
Tpriotio t"t0to mwL r*modies herein sent&& . rAd
u ' the r'Irot Farlp sbtAll filch be Con-
of Linj. •bor r4q,13 or remodyp but Lbp sama
In addltlor, to
h9rom%wr cxli;%'A11j; at lawp In *fp'Aixy or by
ri.mlay or admloaloa of tpv. Party of ths Vlmt Part
�,k., axarolei *orj right air powom a4,jaing rrom &yAy oalsmion# or
&-ifaul't of the Party of the &ISOOM hrto Ohajj• impair ftnj Ouoh
rliwbt. or OVO or '0 11 bo`-60
"AMO voll" 4f Ok of tusk
POW Vat
or wq 4equi*001160 thorsin' go, VAjV'sr of the broaoh of
m
P'A
. tl
%
.0 Wvsms wn"Ort. 00* 41sy or "Owport Uamb
tas40 .00A0.4 Its oarporsto runes. to be s1gA#4 -and It@
cont* 0004 to bo attizod Uy its jkWar rild cilty cjsrX, th-ot4j'm
QQ%O 44Y *Uthoritod by Resolut,%ol► of its ii.ity uounoll OA194
'thO 17th day of J&nusxy, 1944. &mi vie #Iarty, or vlb,g
horeunto Oauvod %to oorporats namo tfj be aign*ed
It* 9QrVOr4t# Of,001 to bo aft'I"A by tbgl Presidont wnc?,.Sooratary
thereunto duly sutharlmod by Romolutlon of Its lifin.vii oq '. jArqO%Or*
the 160 Aar of soptember. 194.).
CITY OF NERPoWr HACH
'ktiltv
P!:rt."; of V ." ?'Irfst Pert,
7
HARDOR ISIAIM COMMMITY ASSOOTAT w114.
Dy
�i!rooa -tlb� gat iiequoms of
Oity- f Now"rt RIP04h
sop . t 21 IbLask at' .91.16 AX
77
MAY NOTOVIAVA 00,bMtr R*C#rftp
J, But6hiseno 6OMPA"'N"
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