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HomeMy WebLinkAboutC-533 - Pacififc Coast Highway, 333 - Lease "County Dock" (see also C-910)f. 0 0 CITY OF NEWPORT BEACH ESTOPPEL CERTIFICATE To: Hank Audi (USA) Attention: Kenneth V. Brooks, Senior Vice President 19 E. 50 Street New York City, NY 10022 Re: Harbor Marina: Newport Arches Marina -- 3333 Pacific Coast Highway, Newport Beach, CA Golden Hills Properties, LLC, a California limited company ( "GHP") owns certain real property located at 3333 Paufc. Coast Highway, Newport Beach, California (the "GHP Property "). Harbor Marina, LLC, a California limited liability company ( "Harbor Marina ") currently ground leases the GHP Property under a ground lease between GHP, as Ground Lessor, and Harbor Marina as Ground Lessee (the "GHP Property Lease "). There is a marina facility known as the Newport Arches Marina located adjacent to and west of the GHP Property (the "Marina ") - The tidelands and submerged lands on. which the Marina is located are within a part of the California State tidelands and are legally described on Exhibit A attached hereto (the " "Marina Tidelands Property'). The Marina Tidelands Property (as well as all other tidelands in Newport Bay) is held in a trust originally created by State legislation in 1927 (the "Enabling Act"). This trust is administered by the City of Newport Beach ( "City"), pursuant to the Enabling Act The GHP Property Lease includes the Marina Tidelands Property. The Marina Tidelands Property has been leased by the City to the County of Orange (the "County") under that certain Lease Agreement dated March 5, 1958, as amended by the First Amendment to Lease Agreement dated August 26, 1993 (collectively, the Marina Tidelands Lease "). The Marina Tidelands Lease expires in 2018. On July 16, 1997, the County (a) conveyed the GHP Property to GHP by a Grant Ce60 ieccrQft as i- Istrumenp .4a. ... the Cf*rcial Records and (b) assigned IS$ E`r+ilie :" _ , ,Itic :in., oii_le$i a$ LcaE...': u'�-f n-- Lease G Lilt'. Harbcir Mar ^3 dasi*s to obta %n a ?oan (the '`I.oan ") fron'i Bank Audi (USA) secured by a deed of trust encumbering Harbor ^:iii :aase':oid interest under the GHP Property Lease (the "Leasehold Interest'). The documents securing, evidencing or otherwise related to the Loan are hereinafter called the "Loan Documents." As part of the inducement to Bank Audi (USA) to make the Loan to Harbor. Marina, the City hereby.rep resents and warrants to Bank Audi (USA), and its affiliates, successors and assigns (collectively hereinafter called 'beneficiary ") that, as of the date heieof: 1. The Ci V has entered into no amendment, modification or supplement to the Marina Tidelands Lease, and the Marina Tidelands Lease is in full force and effect. Page 1 of 3 0 0 2. Except as provided in Paragraph 5 below, there is no known default by GNP in the performance of any covenant, agreement or condition contained in the Marina Tidelands Lease, and the City does not have, as of the date hereof, any known defenses or offsets to the performance of the Marina Tidelands Lease, nor has any event occurred or failed to occur with which the giving of notice, the passage of time, or both, would constitute a default under the Marina Tidelands Lease or give the City a defense or offset to GHP's enforcement of the Marina Tidelands Lease. 3. There are no actions, whether voluntary or otherwise, pending against the City under any bankruptcy or insolvency laws. 4. Except as provided in Paragraph 5 below, all rent due as of the second quarter (April — June) of 1998 has been paid. 5. The current rent payable under the Marina Tidelands Lease is equal to 35% of all monies GHP received under the GHP Property Lease. During fiscal year 1996/1997 all payments except payment for the 1997 April — June quarter, which were due and payable under the Marina Tidelands Lease have been paid . Payments received under the Marina Tidelands Lease for fiscal year 1996/1997 were $43,486.38 and payments received for the fiscal year 1997/1998 were $67,588.96. 6. Consent to Encumbrance. The City hereby consents to the encumbrance by Harbor Marina, of the Leasehold Interest to secure the Loan. Notice, j?) i 6 C�e1et (i_iy. Tito wit; $^ail give i.'iien .. : :'fe tC . - I — =1aly of (i) achy default by the GHP under aha terms of the l`rarina Tidelands Lease of (ii) Pny litigatir r. or arbitration proceadings between th? Ciiy and the GHP to f3elht?fiCiary by rLy stered or certified maii, at the ft2ilowing address cr to slid. other address as the Beneficiary may notify th- City in writing from time to time: Bank Audi (USA, Attn: Kenneth V, Brooks, Senior Vice President 19 E, 54th Street New York, NY 10022 (b) To City. The Beneficiary shall give written notice to the City of (i) any default by l;arbor Marina under the terms of the GHP Property Lease or any of the Loan Documents when the same is, or becomes known to Beneficiary or (ii) any litigation or arbitration proceeding between the Beneficiary and Harbor Marina involving the Loan, by registered or certified mail, at the following address or to such other address as the City may notify Beneficiary. The missed payment occurred prior to transfer of the property from County to GHP. City intends to pursue payment from the County, or documentation that payment has been made. Page 2 of 3 City of Newport Beach AIM;, Manager 3300 Newport Blvd. P. O. Box 1768 Newport Beach, CA 92668-8915 E a. The City acknowledges and agrees that this Estoppel Certificate may be relied upon by Beneficiary and any other person or entity designated by Beneficiary in connection with the Beneficiary's loan to Harbor Marina being sought at this time. Dated: 9 —/6, 9a THE CITY OF NEWPORT BEACH, A Municipal carporafio sy: nnis Danner, interim City Manager The foregoing is acknowledged and confirmed: Dated: Dated: `l Dated: tC F:ICaRShoredlAgWe porta=bwT=,wppefCertdoo da109-16M GOLDEN HILLS PROPERTIES, LLC. A California limited liability company By: Eatollah Delgani, Manager BANK AUDI (USE) A bank organized under the laws of the State of New York By: � nnethV. Brooks, Senior Vice Preskler t APP TO FORM: 1 Robin L Clauson, Assistant City Attorney Page 3of3 mm TnTp- Dore 12-� ." Attn: Cl*anager . 3300 Newport blvd. P. O. Box 1768 Newport Beach. CA 92658 -8915 8. The City acknowledges and agrees thal Ihis Estoppel Cerlifrcale may be relied upon by Beneficiary and any other person or entity designated by Beneficiary in connection with the Beneficiary's loan to Harbor Marina being sought at this time. THE CITY OF NEWPORT BEACH, n Mu r.icipal corporation 06finis Danner. interim City Manager The foregoing is acknowledged and conl4med By: Dated: 0 Dated: / 4 GOL A Co * Ezat, liability LLC. BANK AUDI (USA) A bank organized under the laws of the Slate of New York Kenneth V. Brooks, Senior Vice President APPF�V OAS TO FORM: Robin L. Clauson, Assistant City Attorney F: %C a 11S har e d V5y W ew por 4UcheMEs IoppoIC a rldoc dati09•16.98 r By signing this estoppel certificate Golden Hills Properties is only acknowledging the City's estoppel statement, and is not consenting to your loan. Golden Hills Properties is not allowed to consent to any leasehold financing without permission from Orange County and at this time we do not have permission from orange County to give such consent Paqe 3 of 3 • , Parcel No. 2 A parcel of land situated in the City of IJewport Peach, being a.. portion of Section 28, `E 6 -S, a -10 -w, s.B.p.t'{. and more particularly described as follows, to wit: All that parcel of land lying between the southerly line of Paz`cel No. 1 as described herein and the U.S. u] lchead Line bet-vieen Stations 126A and 227)1 as said .�. Bullmeal Lines and Ctati.ons are laid out and shot-in upon a map titled "Harbor Lines, Nevrport 22-ay 11,rbor ", approved by the Secretar' of the Army, Rebruary 15, 1951, and on file in the U.S. District Engineer's Office, Los nngele,, California, and lying westerly of. the westerly line of Lot L of Tract I.1c. 919, Ms shovrn upon a map recorded in ri3cellaneous [tau rook 29, .Pages 11, 32, _•�, 54, oi'ficial Aecords of i Uranl;e Covrlty, Cv- 1- 1fornia.. P ?.reel Ilo. 3 A parcel of land sit:c.tated in the City-of Ilewport Leach, being a portion of Section 28, T -6 -S, i- 10411 S,L.B.[•I. ;P.n!i more Dart! described ^i1_sr„ to writ: 51:..f:h @�.� .:es and Sta UTSS are laid Out zrtl ai3ub.'n Uron -,m D :.fled ":1arbor 1.,1 6'=, Nei-iport ?ay- :jarbcr ", apipv ved yby the Secretary of the l'.rmy, Febru- ary 15, 1,51, rnd on file in the U.". District Engineer's Office, Los Angeles, California; thence northwesterly along the northwesterly prolongation of the U.S_ Eulk}cead Line between U.S. Bulkhead Stations No. 227A and 22 "(3 to an lntersection with the northeast corner of that certain parcel cf land described in deed to the State of California from the cat,: •)f Newport Beach, recorded in Doak 3111, Page 125, and dated June 12, 1955, Official records of Oruuge County, California; thence Generally soutilvieste_`1y along the boundary of said parcel to the most Southerly corner thereof; thence southwesterly along the southwesterly prolongation of the northwesterly line of szid parcel of land to an intersection with the North Channel reservation Line as recorded in Book 162, Page 1, Official .records of said Orange County; thence south- easterly along said C =cannel 'eservation Line and its southeasterly orolon &ation to the U. S. Bulkhead :,cation Ito. 226A as said L-ulichead Stations are laid out and shovrn upon a map titled "Fla.rbor Tines, Neviport Day Ilarbor "; thence northeasterly along U.S. 3ullrhead Line bet:eeen U.S. L'ulldcead 3ta.tions ilc. 22CA and 227f•. a distance of 37 feet; thevice ncrthaas;.erly .along a straight line to U.S. ?-,l.!Y.head Station Ito.. 2278; thence northwesterly along U.S. Bulkhead Line to U.S. Bulkhead Station 1•io. 227A, the point of begin - nirlg _ EXHIBIT A Mm Tnl o- =Cl= 1c — t � -533 COUNCIL MEETING: 09 -14 -98 AGEND .r,rvr Nru CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY September 14, 1998 TO: Mayor and Members of the City Council FROM: Robin L. Clauson, Assistant City Attorney RE: City /County Dock Property 3333 Pacific Coast Highway, Newport Beach, California Recommended Action Authorize interim City Manager to execute Estoppel Certificate in substantially the form attached. Background In 1958, the property located at 3333 Pacific Coast Highway, Newport Beach, California was owned by the County of Orange (the "Property "). Adjacent to the Property, the City owns Tidelands pursuant to State grant. In 1958, the City entered into a lease agreement with the County whereby the.City leased the Tidelands to the County and authorized the County to lease both the Property and the Tidelands as a single parcel (the "1958 Lease "). The single parcel was to be made available for lease through public bidding. The successful lessee would be required to construct a bulkhead and extend existing stormdrains. Pursuant to the 1958 Lease, the City was to be paid rent equal to 35% of all monies received by the County. The County entered into a lease with Thomas A. Cox in 1964. The Cox lease has been assigned many times over the years and is currently held by Harbor Marina L.L.C. In 1997, the County sold the Property and assigned the 1958 Lease to Golden Hills Properties, L.L.C., a California Limited Company. The 1958 Lease expires in 2018. Harbor Marina has sought financing from Bank Audi (USA) which will be secured by a deed of trust encumbering Harbor Marina's leasehold interest in the Property and the Marina. Bank Audi (USA) has requested that the City execute an Estoppel Certificate. The Estoppel Certificate represents the following to the bank: 0 0 TO: Mayor and Members of the City Council FROM: Robin L. Clauson, Assistant City Attorney RE: City /County Dock Property September 1, 1998 page z That the City consents to the encumbrance of its interest in the Cox Lease; 2. That there has been no amendment, modification or supplement to the 1958 Lease; 3. That there is no default by GHP in the performance of any provisions of the 1958 Lease and that rent due under the Lease has been paid and is current; 4. The Certificate also agrees that notice will be provided to the lender in the event of default under the 1958 Lease. When researching the payments under the lease, staff discovered that there was no record for a payment being received from the County for the second quarter (April - June) of 1997. The Estoppel Certificate reflects this fact and indicates that the City is pursuing the County for either certification that the payment was made, or payment as required by the lease. Therefore, it is recommended that City Council authorize execution of this Estoppel Certificate. Please give me a call if you have any que tions or concerns. &I K"�— ROBIN L. CLAUSON Assistant City Attorney RLC:krs Enclosure F:\CaMharedAgW ewporL4chesWemoW &CC090198.doc CJ 0 0 i 0 0 CITY OF NEWPORT BEACH ESTOPPEL CERTIFICATE To: Bank Audi (USA) Attention: Kenneth V. Brooks, Senior Vice President 19 E. 50 Street New York City, NY 10022 Re: Harbor Marina: Newport Arches Marina — 3333 Pacific Coast Highway, Newport Beach, CA Golden Hills Properties, LLC, a California limited company ( "GHP ") owns certain real property located at 3333 Pacific Coast Highway, Newport Beach, California (the "GHP Property'). Harbor Marina, LLC, a California limited liability company ( "Harbor Marina ") currently ground leases the GHP Property under a ground lease between GHP, as Ground Lessor, and Harbor Marina as Ground Lessee (the "GHP Property Lease "). There is a marina facility known as the Newport Arches Marina located adjacent to and west of the GHP Property (the "Marina "). The tidelands and submerged lands on which. the Marina is located are within a part of the California State tidelands and are legally described on Exhibit A attached hereto (the " "Marina Tidelands Property). The Marina Tidelands Property (as well as all other tidelands in Newport Bay) is held in a trust originally created by State legislation in 1927 (the "Enabling Act"). This trust is administered by the City of Newport Beach ( "City"), pursuant to the Enabling Act. The GHP Property Lease includes the Marina Tidelands Property. The Marina Tidelands Property has been leased by the City to the County of Orange (the "County') under that certain Lease Agreement dated March 5, 1958, as amended by the First Amendment to Lease Agreement dated August 26, 1993 (collectively, the Marina Tidelands Lease'). The Marina Tidelands Lease expires in 2018. On July 16, 1997, the County (a) conveyed the GHP Property to GHP by a Grant Deed recorded as Instrument No. 19970335011 in the Official Records and (b) assigned its entire right, title and interest as Lessee under the Marina Tidelands Lease to GHP. Harbor Marina desires to obtain a loan (the "Loan ") from Bank Audi (USA) secured by a deed of trust encumbering Harbor Marina's leasehold interest under the GHP Property Lease (the "Leasehold Interest "). The documents securing, evidencing or otherwise related to the Loan are hereinafter called the "Loan Documents." Page 1 of 3 0 0 As part of the inducement to Bank Audi (USA) to make the Loan to Harbor Marina, the City hereby represents and warrants to Bank Audi (USA), and its affiliates, successors and assigns (collectively hereinafter called "Beneficiary") that, as of the date hereof: 1. The City has entered into no amendment, modification or supplement to the Marina Tidelands Lease, and the Marina Tidelands Lease is in full force and effect. 2. Except as provided in Paragraph 5 below, there is no known default by GHP in the performance of any covenant, agreement or condition contained in the Marina Tidelands Lease, and the City does not have, as of the date hereof, any known defenses or offsets to the performance of the Marina Tidelands Lease, nor has any event occurred or failed to occur with which the giving of notice, the passage of time, or both, would constitute a default under the Marina Tidelands Lease or give the City a defense or offset to GHP's enforcement of the Marina Tidelands Lease. 3. There are no actions, whether voluntary or otherwise, pending against the City under any bankruptcy or insolvency laws. 4. Except as provided in Paragraph 5 below, all rent due as of the second quarter (April — June) of 1998 has been paid. 5. The current rent payable under the Marina Tidelands Lease is equal to 35% of all monies GHP received under the GHP Property Lease. During fiscal year 1996/1997 all payments except payment for the 1997 April — June quarter, which were due and payable under the Marina Tidelands Lease have been paid. Payments received under the Marina Tidelands Lease for fiscal year 1996/1997 were $43,486.38 and payments received for the fiscal year 1997/1998 were $67,588.96. 6. Consent to Encumbrance. The City hereby consents to the encumbrance by Harbor Marina, of the Leasehold Interest to secure the Loan. 7. Notice. (a) To Beneficiary. The City shall give written notice to Beneficiary of (i) any default by the GHP under the terms of the Marina Tidelands Lease or (ii) any litigation or arbitration proceedings between the City and the GHP to Beneficiary by registered or certified mail, at the following address or to such other address as the Beneficiary may notify the City in writing from time to time: Bank Audi (USA) Attn: Kenneth V. Brooks, Senior Vice President 19 E. 54" Street New York, NY 10022 The missed payment occurred prior to transfer of the property from County to GHP. City intends to pursue payment from the County, or documentation that payment has been made. Page 2 of 3 a • (b) To City. The Beneficiary shall give written notice to the City of (1) any default by Harbor Marina under the terms of the GHP Property Lease or any of the Loan Documents when the same is, or becomes known to Beneficiary or (ii) any litigation or arbitration proceeding between the Beneficiary and Harbor Marina involving the Loan, by registered or certified mail, at the following address or to such other address as the City may notify Beneficiary. City of Newport Beach Attn: City Manager 3300 Newport Blvd. P. O. Box 1768 Newport Beach, CA 92658 -8915 8. The City acknowledges and agrees that this Estoppel Certificate may be relied upon by Beneficiary and any other person or entity designated by Beneficiary in connection with the Beneficiary's loan to Harbor Marina being sought at this time. Dated: Dated: Dated: THE CITY OF NEWPORT BEACH, A Municipal corporation By: Name: Title: The foregoing is acknowledged and confirmed: F: 1Cat\ SharecPAg \NewportArches\EstoppelCert.doc 0 10 GOLDEN HILLS PROPERTIES, LLC. A California limited liability company Ezatollah Delijani, Manager BANK AUDI. (USA) A bank organized under the laws of the State of New York Kenneth V. Brooks, Senior Vice President Page 3 of 3 -f WWC:mec 2/18/59 I. lY� II. CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY SUMMARY OF CITY'S COUNTY DOCK LEASE GENERAL INFORMATION Parties to Lease City of Newport Beach, Lessor County of Orange, Lessee Date of Lease Apr--1-1, 1958 City Council approval Original lease 4762 March 10, 1958 Res, o. (Date adopted) Approved by electors at general municipal election, April 8, 1958 Land Location South of U. S. Highway 101, easterly of Newport Boulevard Source of City's Title Tide and submerged lands Frontage Approximate Area 35,000 sq. ft. Water" - `street 713' None LEASE DURATION No. years: 50 From: July 1,- 1958, to June 30, 2008. III. LEASE PROVISIONS Rental: Lessee to pay Lessor 35% of all moneys received by Lessee Prom this property and County -owned property adjoining this property not later than 30 days subsequent tv'`the receipt thereof by Lessee. Lessor to pay Lessee 358 of the cost of advertising for bids for the leasing of the property. Purpose: To be offered for lease to a third party by the Lessee by public bid as a single parcel with adjoining property of Lessee, Lessee to serve as contracting agent in deal- ing with the property. Lessee has called for bids and is in the process of executing a lease to George P. Carver as Newport Tower Development, which calls for the development of the property with buildings contain- ing motel units, offices, apartments, stores, clubhouse and other facilities. Repairs: No provision. Assignability: No provision. Renewal: No provision. Terms of default: No provision, except Lessee to call for bids on the =ease within 6 months and to execute a lease with the successful bidder within 1 year or an additional year thereafter, if extended by the parties. Taxes: No provision. Insurance: Requires that both City and County be protected by public liability bond in the amount of $100,000/500,000 for personal injury and $50,000 property damage. 2 22 ae€dtiva� 1. TAa�t btrtlu vca► t bst ti" "Los". MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA October 23, 1968 i C �FZe IN RE: BONDS AND CERTIFICATES OF INSURANCE T ORANGE -OLIVE ROAD ORVILLE E. HENDERSON, CONTRACTOR On motion of Supervisor Hirstein, duly seconded and unanimously carried, Bonds Nos. B 550322 in the sum 3f $8,482.00 each, to guarantee labor.-and material and faithful performance with Orville E. Henderson as Principal and the United Pacific Insurance Company as Surety, Certificate of Insurance submitted by the United Pacific Insurance Company with Orville E. Henderson as the insured and Certificate of Workmen's Compensa- tion Insurance submitted by the State Compensation Ir.�-urance Fund with O.E. Henderson Construction Co. as the insured, to cover the contract for construction on Orange -Olive Road between 195' north of Lincoln Avenue and the Orange City limits with Orville E. Henderson, contractor, are approved. IN RE: CONSENT TO hYPOTHEGnTION OF LEASEHOLD ESTATE BY DEED OF TRUST CITY- COUNTY DOCK PROPERTY. On mc.:ion of Supervisor Allen, duly seconded and unanimously carried., the '.`:carman is authorized to sign the Consent to Hypothecation of Leasehold :state by Deed of Trust, dated October 23, 1968; pertaining to hypothecat_.:n by Everett S.M. Brunzell and Robert E. Harris, and Newport Arches Marina, Inc., lessees of the City- County Dock Property, of the leasehold estate created by the lease by a deed of trust to Union Bank, a California Corporation, as Trustee, and Williamsburg Leasing Corporation, a California Corporation, as Beneficiary. IN RE: SUPERVISOR BAKER TO WASHINGTON, D.C. On motion of Supervisor Allen, duly seconded and unanimously carried, .'upe_,visor David L. Baker is authorized to spend an extra day on County bu:.ine.s in Washington, D.C., with the County of Orange to pay the necessary expo -nses, including lodging and meals, following the meeting of the National Gammission on Urban Problems to be held October 26 and 27, 1968. j couroclI le -3i— (- aZ F 1019 -2f2 .2 -& CONSENT TO HYPOTHECATION OF LEASEHOLD ESTATE B D RUST Reference is hereby made to that certain Lease, dated May 13, 1964, wherein the COUNTY OF ORANGE, a political subdivision of the State of California, is the Lessor ( "Lessor" herein), and EVERETT S. M. BRUNZELL and ROBERT E. HARRIS, and NEWPORT ARCHES MARINA, INC., are Lessees ( "Lessees" herein) covering and affecting certain real property situated in the City of Newport Beach, County of Orange, State of California, which property is more.particularly described in said Lease ( "Lease" herein), a copy of which was recorded in Book 7270, Page 203, Official Records of Orange County, California. Lessees propose to hypothecate the leasehold estate created by the Lease by a deed of trust ( "Deed of Trust" herein). A copy of the Deed of Trust is attached hereto, marked Exhibit "A ", and by this reference incorporated herein as though set forth in full. The Deed of Trust is further described as follows: A Deed of Trust to be given by Lessees in favor of UNION BANK, a California Corporation, as Trustee, and WILLIAMSBURG LEASING CORPORATION, a California Corporation, as Beneficiary. Deed of Trust to file executed by vestee to secure one Rental Agreement /Lease No. 8- 648 -68, dated September 11 1968, in favor of Williamsburg Leasing Corpoation, payable to Sherman Oaks, California according to the terms and.conditions contained therein: said Deed of Trust is to secure the full and faithful performance of the terms and conditions of said Rental Agreement /Lease # 8- 648 -68. Lessor hereby consents to the hypothecation pursuant to the Deed of Trust upon the condition that the same is given and accepted subject to the following covenants and conditions, to wit: A. Except as herein otherwise provided, the Deed of Trust and all rights now or hereafter acquired thereunder, are, and shall be subject to each and all of the covenants, conditions and restrictions set forth in the Lease, and to all rights and interests of the Lessor therein, none of which are or shall be waived by this Consent. B. Should there be a conflict between the provisions of the Lease and the provisions of the Deed of Trust, the former shall control: C. Williamsburg Leasing Corporation may assign the Rental. Agreement /Lease secured by the Deed of Trust, together with the Deed of Trust, without the prior consent of Lessor to any bank, insurance company (or correspondent thereof), savings and loan assocation or other institutional lender. Williamsburg Leasing Corporation must obtain the written consent of Lessor prior to any assignment of the promissory note secured by the Deed of Trust to any other person or entity not otherwise described in this paragraph. Lessor agrees that it will not arbitrarily or unreasonably withhold its approval of such assignment. D. Lessor agrees that it will not terminate the lease because of any default or breach thereunder.on the part of Lessee if the holder of the Rental Agreement /Lease secured by the Deed of Trust ( "Holder" herein), within thirty (30) days after the service of written notice from the Lessor of its intention to terminate the lease for such default or breach, shall either cure such default or breach if the same can be cured by the payment of money, or if otherwise, shall undertake to, and shall keep and perform all of the covenants and.conditons of the Lease, including proceeding in a timely and diligent manner to cure the default or breach if the Holder shall proceed in a timely and diligent manner to (i) perform the.act or acts required under the Lease to cure the V default or breach; or (ii) to foreclose or exercise its power of sale under the Deed of Trust. If said foreclosure or sale proceedings shall be subject to the leave of any court (as in the case of bankruptcy proceedings) and such leave shall have been applied for, but not obtained by the IIolder, or if the foreclosure or sale proceeding shall have been enjoined by a court of competent jurisdiction, the Holder shall be deemed to be proceeding in a timely and diligent manner to cure the default or breach, nevertheless, if the Holder shall have made every reasonable effort to obtain such leave or to resist said injunction. Provided, however, that if for any reason a sale or foreclosure is not completed within one hundred eigNy (180) calendar days after the date of the aforesaid service upon IIolder of the written notice from Lessor of its intent to terminate the Lease for default or breach, said Holder shall proceed in a diligent and timely manner to cure the breach or default as required by subparagraph (i) of D. above. The obligation of the Holder to perform the terms of the Lease shall terminate upori the assignment of the Rental Agreement /Lease secured by the Deed of Trust, or at such time as the leasehold estate of the Lessees shall be sold upon foreclosure or by exercise of power of sale under the Deed of Trust, or at such time as the leasehold estate shall be released or reconveyed thereunder. Provided, however, that if a default or breach of the Lease has not been cured at the time of said assignment of the Rental Agreement /Lease or, sale or foreclosure, or release or reconveyance of the leasehold estate, the assignee or purchaser or-other transferee as the case may be shall, without further notice from the Lessor, proceed in a timely and diligent manner to perform the act or acts required under the Lease to cure the default or breach. If the Holder �r its assigneed, purchaser, transferee or 'successor shall fail or refuse to comply with any and all the conditions of this paragraph D, thereupon, the Lessor shall be released from the covenant of forebearance contained herein. Any notice provided for in this paragraph D shall be delivered or directed to the Holder at its address as last shown on the records of the Lessor. E. Any foreclosure sale, sale under power of sale or other sale under the Deed of Trust (except by assignment as provided in Paragraph C above) shall be, and hereby is, conditioned upon approvial in writing of the purchaser or transferee by Lessor. Lessor hereby approves Williamsburg Leasing Corporation, in the event that Williamsburg Leasing Corporation shall be the purchaser at any foreclosure sale under the Deed pf Trust. Lessor agrees that he will not tarbitrarily or unreasonably withhold its approval of any other purchaser or transferee provided that said purchaser or transferee shall evidence to Lessor financial ability and experience in the operation of a comparable or analogous facility, as well as good repute. After said approval, the transferee or purchaser of the leasehold estate shall thereupon and immediately assume the performance of and shall be bound by each and all of the covenants, conditions and obligations provided in the Lease to be performed and observed by the Lessees thereunder. In the event that Williamsburg Leasing Corporation shall be the purchaser, at the foreclosure or sale under the power of sale, Lessor agrees that it will not arbitrarily or unreasonably withhold its consent to Williamsburg Leasing Corporation's transfer of the leasehold estate created by the Lease to a third party, providing that said third party meets the standards set forth above in this paragraph for a purchaser or transferee. Lessor further agrees that Williamsburg Leasing Corporation automatically will be released from any obligation under said Lease upon the assumption of said obligations by the third party. F. Upon and immediately after the recording of the Deed of Trust, Williamsburg Leasing Corporation, at its own expense, shall cause to be recorded in the office of the Recorder of Orange County, California, a written request, executed and acknowledged by the Lessor, for a copy of any notice of sale under the Deed of Trust as provided by the statutes of the State of California relating thereto. Concurrently with the execution of this consent, Williamsburg Leasing Corporation shall furnish to the Lessor a complete copy of the Deed of Trust and the-Rental Agreement /Lease secured thereby, together with Williamsburg Leasing Corporation's address. (Z) a G. This Consent shall be recorded contempor�,,neously with the recordation of the Deed of Trust in which event the copy of the Deed of Trust attached hereto shall not be recorded. This Consent is conditioned upon the execution by Williamsburg Leasing Corporation of the Acceptance and Agreement attached hereto and made a part hereof. DATED: OCTOBER 2 2.-, 1968 COUNTY OF ORANGE 'BY _Z State of California i ss. County of Orange Supervisors oar On October � 1968' before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the Chairman of the Board of Supervisors of the Co my of Orange, California, said Board acting as the governing bod� of the County of Orange, California. �%, �j 4 / is known to me to be the person described in and whose name is subscribed to the within Instrument, and acknowledged to me that he executed the same on behalf.of the said County of Orange and such officer thereof. WITNESS my hand and official seal. 0 MARILYN F. RECORD NOTARY PUBLIC - CALIFORNIA ® PRINCIPAL OFFICE RD m ORANGE COUNTY ]EFlCIAL SEAL %AY Commission Expires Aug. 29, 1972 J ACCEPTANCE AND AGREEMENT WILLIAMSBURG LEASING CORPORATION, a California Corporation, as Beneficiary under the Deed of Trust mentioned in the foregoing Consent to Hypothecation of Leasehold Estate by Deed of Trust in its own behalf and for its successors in interest, and with and for the benefit of the Lessor named therein does hereby approve, accept and agree to be bound by each and all of the conditions, covenants, and acknowledgements set forth therein. DATED: At Los Angeles, California on October , 1968. WILLIAMSBURG LEASING CORPORATION 03 By State of California ) ) ss. County of Los Angeles) On October , 1968 before me; the undersigned, a Notary Public in and for said State, personally appeared and known to me to be the Vice President and p the respectively, of the corporation that executed the within Instrument, (known to me to be the persons who executed the within Instrument on behalf of the corporation therein named), and acknowledged to me that such corporation executed the within instrument pursuant to its by -laws or a resolution of its board of directors. WITNESS my hand and official seal. n 15233 Ventura Blvd., Suite 21L2•,_Shern6n (Oaks, Calif. 9194x03~^ 783 -4825 . 872 -3660 �,••, ,o�• L� o`�i AL 4"d'G^i.c L:sm".eurilM LEASE NO r NAME -AND ADDRESS OF LESSEE I— SUPPLIER OF EQUIPMENT (COMPLETE ADDRE!51t) _a:C. 'r;i "L. .'. !'it)1F.... ., 3'!' :i,a, � ?.C:, F:. � I i.i ii.LL :�i :, J.': :. •. - .�1. ;s 1'J.";sr :i :i7.!`.. :1 1:,': is i:•:..:J t, "s.J. �i T.<'c .�i ".. i Y QUANTITY DESCRIPTION: MODEL NO. SERIAL NO. OR OTHER IDENTIFICATION Q U . E7 5'i}i :(T nrj r•�a `'.. �`T : :�T t: x: +_fa Ta_' IT . .J...is '1 1 .. P M F N T TOTAL LIST x ` _ FED. EXCISE TAX E u IIF ANY) A ,. TRANSPORTATION $ •' (IF ANYt F OTHER D SALES TAX LOCATION OF,EQ4I PMENT: STREETAUDRESS ""'i "' " - - - �' +, -i ' "� TOTAL COST re•:. +. .::: STATE CITY L TO LESSOR :. - :.., •;:' =• ': - TERMS OF PAYMENT OF LEASE RENEWAL RENTAL MONTHLY RENTAL PAYMENT NO, MONTHS INITIAL FIRST MONTH RENT IN ADVANCE ADDITIONAL "RENTAL AOvANCE" ANNV/.L RENTAL PER TERM OF LEASE [I� �PARAGRAPH NO.] r. �Ott v %�.s TertsTs and Condi ^.inns of Lease 1. LEASE. Lessee hereby leases from Lessor, and Lessor leases io Lessee, the personal property described above and in any schedule made a part hereof by the parties hereto (herein called "equipment "I. THIS 15 A NON - CANCELLABLE LEASE FOR THE TERM INDICATED ABOVE EXCEPT AS HEREIN PROVIDED. 2. SELECTION OF EOUIPMENT. Lessee has requested equipment of the type and quantity specified above and has selected the supplier named above. Lessor agrees to order such equipment from said supplier, but shall not be liable for specific performance of this lease or for damages if for any reason the supplier delays or fails to fill the order. Lessee shall accept such equipment if delivered in good repair, and hereby authorizes Lessor to odd to this lease the serial number of each item of equipment so delivered. Any delay in such delivery shall not affect the validity of This lease. 3. WARRANTIES. Lessor makes no express or implied warranties as to any matter whatsoever, including without limitation, the condition of equipment, its mer- chantability or its fomss far any particular purpose. No defect or unfitness of the equipment shall relieve Lessee of the oblication to pay rent or perform any other obligation under this lease. 4. INITIAL TERM. This (case shall become effective on the execution hereof by Lessor, and the initial term of this lease shall be deemed to commence on the 1611h day of the month in which Lessee executes and delivers to Lessor the equipment acceptance notice hereinafler mentioned and ends on Ihe`15th day of the last month of the number of months menlioned above as the initial term of this lease. Any one of the individuals signing on the face of rhis lease on behalf of Lessee is hereby avlhorized to execute said equipment acceptance notice for and on behalf of Lessee and to bind Lessee thereby. Execution of the equipment acceptance by any Lessee shall be birding on all Lessees, and all Lessees hereby waive any and all rights provided by California Civil Code Sec. No. 1511 (11. S. RENT. Lessee agrees to pay for the initial term of this lease, total rent equal to the amount of the monthly rental payment specified above multiplied by the number of months of the initial term of this lease as specified above. The first months rent Pad rental advance deposit are due when this lease is signed by Lessee. Subsequent rental payments shall be due monthly, in advance, commencing on the 16th day of the calendar month after the month in which Lessee executes and delivers to Lessor said equipment acceptance notice. All rent shall be paid to Lessor at its address set forth herein or as otherwise directed by Lessor in writing. a. ADDITIONAL "RENTAL ADVANCE." The Additional "Rental Advance" shall be payment of rent for the last month, months, or pert thereof and will not be used to cure any default hereunder and is non-refundable. 7. RENEWAL. If the space headed "Renewal Rentals" hersinbefore set forth specifies an annual rental omounq Lessee shall have the option to renew this lease for consecutive one year terms at the annual rental are so specified. The right ID exercise sold options shall be dependent on the performance of all the follow .nil conditions; Lessee roust give Lessor written notice of Lessees intent to exercise the option at least sixty 160) days before the expiration of the applicable preceding tern; and Lessee must have at all times fully and complelely performed all of the terms and conditions of this lease. If Lessee fails to exercise any such option, this lease shall Continue, after the explrolion of the preceding term, from month to month at the "Monthly Rental,Payment" specified above until terminated by thirty (301 days prior written notice from either party to the other. Except as otherwise provided in this paragraph, the continuance and /or renewal of lease shall be subject to all of the terms and conditions set forth in this lease. 8. LOCATION. The equipment shall be delivered and thereafter kept at the location specified above or, if none is specified, at Lessee's address as set forth above, and shall nor be removed rherefrom without Lessor's prior written consent. 9. NOTICE OF DEFECTS. Unless Lessee gives Lessor written notice of each defect or other proper objection to an item of equipment within five 15) business days after receipt thereof, it shall be conclusively presumed, as between Lessee.and Lessor, that the item was delivered in good repair and that Lessee accepts it as an item of equipment 'described in rFlis lease. Lessee's execution of Lessor's form "Acceptance Notice" shall be conclusive as between the parties to the effect that the items leased were received in Good order and condition and occeoted as such by Lessee. 10. USE. Lessee shall use the equipment in a careful manner and shall coroply with all laws, ordinances, regulations reloting to its possession, use or moinlenonce. 11. LABELS. - If Lessor supplies Lessee with labels stating that thg equipment is owned by Lessor, Lessee shall affix and keep the some in a prominent place on each item of dquipmenl. 12. REPAIRS: Lessee, at its expense, shall keep the equipment in good repair and furnish all parts, mechanisms and devices required therefor. 13. ALTERATIONS Lessee shall not make any alteralians, additions or improvements to the equipment without Lessor's prior written consent, All additions and im provements made to the equipment shall belong to Lessor. SEE REVERSE SIDE FOR ADDITIONAL TERMS AND CONDITIONS WHICH ARE P'-'- O T iS L The undersigned agree to all the terms and conditions set forth above and on the reverse side hereof, +nd in Witness thereof hereby execute this lease. LE�,SC1f� I LESSEE WIL'LIAMSBURG LEASING CORPORATION .r. BY BY ITITLEI DATE _ IFULL LEGAL N.NEI ity Clerk June 11, 1968 TO: JOINT HARBOR COMMITTEE FROM: Public Works Director and Harbor Engineer SUBJECT: REQUEST OF NEWPORT ARCHES MARINA, INC. FOR ADDITIONAL FLOAT AND RAMP AND BOAT LAUNCHING CRANE AT THE CITY - COUNTY DOCK PROPERTY RECOMMENDATIONS: That the request be denied. DISCUSSION: On May 14, 1968 the Joint Harbor Committee considered the request of Newport Arches Marina, Inc. to construct a float and ramp channelward of the seawall fronting on the channel leading to the Arches bridge. The matter was tabled for one month for further study. Denial of the application is recommended for the following reasons: 1. The approved Harbor Permit Policies do not permit floats in this area. 2. A similar request for a float in front of a building on the opposite side of the channel has been denied. 3. No Pierhead Line has been established by the U.S., Corps of Engineers for this area. 4. The proposed float and crane would require dredging at the toe of the wall which could endanger the stability of the wall. (A portion of the seawall in this area had to be replaced due to a failure caused by dredging near the toe of the wall). 5. The float would occupy an area that is outside the permit area defined in the original lease documents. A ' , / r TO: JOINT HARBOR COMMITTEE FROM: Public Works Director and Harbor Engineer SUBJECT: FLOATING DRYDOCKS RECOMMENDATIONS: i a June 11, 1968 to That floating drydocks be considered as shore - connected structures. 2. That the City be made responsible for regulating floating dry docks. DISCUSSION: On May 14, 1968 the Joint Harbor Committee considered the matter of floating dry docks. The item was held over for one month to permit a ,point study by City and District staffs. Before an activity may be regulated, it must be defined. Because a floating dry dock is not a vessel, and because normally it remains in one place, it is recom- mended that it be considered as a shore - connected structure and treated as such. Council: The following regulations are intended to be recommended to the City 1. That each floating dry dock installation require a use permit from the Planning Commission. 2. That each floating dry dock installation require a Harbor Permit from the City Council. 3. That each floating dry dock installation require a City Business License. 4. That floating dry docks be permitted only in waters over or bayward of property zoned commercial, manufacturing, or unclassified. 5. That each floating dry dock be permanently moored at one location. The Harbor Permit would control configuration, mooring, setbacks, parking requirements, signs, and sanitation requirements, as is customary for fixed piers and floats. The Use Permit would control the use of the facilities, including height, length, hours of operation, noise control, rubbish and pollution control, appearance,, safety, etc. sepi ev in mes E. _ailing' er— P blic res Director Harbor Engineer /ldg i 1 0 CERTIFICATION OF EXCERPT FROM DRAFT MINUTES OF THE CITY COUNCIL OF 'THE CITY OF NEWPORT BEACH Lle Meeting held April 10, 1967 Regular, pedal, or Adjourned) � Nate COUNCILMEN PRESENT Rogers, Parsons, Marshall, Gruber, Cook, Forgit, Shelton COUNCILMEN ABSENT None EXCERPT "A memorandum was presented from the City Attorney dated April 69 1967 regarding modification of City - County Dock property lease, with attached copy of letter fran Robert E. Harris dated March 27, 1967, and proposed Modification of Lease. The Council expressed consent'to that certain document presented in draft form designated Modification of Lease, which amends certain provisions of the City - County Dock Property Lease." The above action was taken on motion of Councilman Marshall and carried unanimously. STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) I, Laura Lagios, City Clerk and ex- officio Clerk of the City Council of the City of Newport Beach, California, hereby certify the foregoing to be a full, true and correct copy of the minute entry on record in this office. In Witness Whereof, I.have hereunto set my hand and seal this 8th day of December , 19 67 City Clerk of the City of - Newport Beach, Orange County, California It 10 -6 OF NEWPORT BEACH 7x ^�C ITY ATTORNEY DERMA Toe The Honorable Mayor and Members of the City Council April 6, 1967 10 From: City Attorney Subject: Modification of City - County Dock Property Lease The Lessees of the City- County Dock Property have requested that the Newport Beach City Council and the Orange County Board of Supervisors approve certain minor changes in the language of their lease with the County. (See attached letter from Robert E. Harris dated March 27, 1967.) The changes being requested are set forth in the enclosed document designated "Modification of Lease" which has been prepared by the County Counsel's office. The proposed changes may be briefly described as follows: 1. Under the existing language of the first paragraph of paragraph 5(a), the Lessees are required to keep "complete books, records and accounts of all financial transactions" relating to the leased property during the entire 44 -year term of the lease. As revised this provision would require that such records be retained for a period of 10 years. Comment: This change is for the purpose of relieving the Lessees oT T— burden of providing for the storage and preservation of financial records for a lengthy period of time. The interests of the Lessors would be adequately protected by the 10-�year storage record retention requirement. 2. The language to be added to paragraph 7(a) guarantees to Us- sees the right to contest taxes levied against their possessory interest under the Pease and against improvements and personal property existing on the leased premises. Comment: The Lessees probably have this right anyway, but this T nguage ties it down. 3. The language to be added to paragraph 8(c) relating to insur- ance would permit a beneficiary under a deed of trust on the property to be named as an additional insured and establish a procedure for the distribution of insurance proceeds in the event of loss. Comment: This added language would not adversely affect the City's nntterests. 4 - 0 0 To; The Honorable Mayor and Members of the City Council -2- April 6, 1967 The letter from Robert Harris dated March 27, 1967, states that the proposed changes in the lease were requested by the lender, Union Bank, After reviewing the proposed changes I can find no reason why they should not be acceptable to the City. It is anticipated that the matter will be considered by the Board of Supervisors on April 11th, It is recommended that the City Council express its consent to the amendments by adopting the following motion, The City Council expresses its consent to that certain document presented in draft form designated Modification of Lease, which amends certain pro- visions of the City- County Dock Property Lease. THS:mec Atts, cc - City Manager City Clerk Tu1Zy . Se City ttorney NEWPORT HUB MARINA, INC. Post.Office Drawer 1817. NEWPORT BEACH, CALIFORNIA Code 714 — 642 -4644 March 27, 1967 Tully H. Seymour, Esquire City Attorney City of Newport Beach Newport Beach, California RE: Newport Arches Marina Dear Mr. Seymour: At long last, we have arrived at the final phase of concluding the development program of the Newport Arches Marina and the construction of our building. However, before concluding our loan escrow with the Union Bank, it has become necessary that certain minor modifications be made in the lease in order to satisfy the lender, Union Bank. En- closed is the proposed modification of the lease which is currently being processed by the County Counsel's office of Orange County through Adrian Kuyper, and Bill McCourt. It will be extremely helpful, if after reviewing the enclosure, you will indicate whether the proposed changes meet with your approval, and if there is any question regarding any provision thereof, will you please contact Mr. Kuyper or Mr. McCourt directly. Because of the time element involved, we would appreciate the matter being processed in order that it may be-presented for approval at the next City Council meeting on April 10, 1967: REH /cm cc: Wm. J. McCourt encls 1 2 3 4 5 6 7 8 9 10 11 12 13 w� 14 m p]o 15 U� �U 16 °z -, 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1.091.1 13' MODIFICATION OF LEASE THIS AGREEMENT, dated this day of between the County of Orange, a political subdivision of the State of California (herein called "Lessor "), and Everett S. M. Brunzell and Robert E. Harris, individuals (herein together called "Lessee "), is made with reference to the following recitals: R C I T A L S: A. Reference is made to that certain Lease Agreement entered into May 13, 1964, between Lessor and Thomas A. Cox, as Lessee. B. Thomas A. Cox's interest under said Lease was subsequently assigned to Lessee under that certain Assignment of City - County Dock Property Lease dated December 21, 1964. C. Lessee desires to hypothecate said leasehold interest to secure a loan from Union Bank. Said bank has requested that certain provisions of said Lease be modified to set forth procedures under the Lease which are not now specified. NOW, THEREFORE, in consideration of the mutual covenants of Lessor and Lessee hereinafter set forth, the parties hereto agree, and said Lease is hereby modified, amended and supplemented as follows: 1. The following language shall be added to the first full paragraph of paragraph 5(a). "Said books, records, accounts and documents shall be kept and preserved by Lessee for a period of ter, (10) years immediately subsequent to the date of the furnishing to Lessor, pursuant to paragraph 5(c), of the annual statement of income to which they relate." 2. The following language shall be added to paragraph 7(a): ";- provided, however, that Lessee may make such payment under protest, and may, in good faith and in a lawful marr:e contest the propriety or legality o:: :_,y z.ax, assessment or cla:_ >6ainst said premises but all cos, :_ c,_. expenses incident to such c :....:-est shall be paid by Lessee." 1. 1 • • ; i i 1 3. The following language shall be added at the end of para- i 2 graph 8(c): "All policies covering said insurance shall name Lessor, 3 Lessee, and the City of Newport Beach as named insureds as their 4 interests may appear. Said insurance may name, in addition, as an 1 5 additional insured, as its interest may appear, any beneficiary under 6 a deed of trust to which the Lessor has given its consent; provided, 7 however, that neither this provision nor the naming of said bene- 8 ficiary as an additional insured shall create any rights in said 9 beneficiary to the loss or proceeds of said insurance, but shall merely 10 recognize the rights, if any, of said beneficiary to such loss or 11 proceeds as such rights may exist under the Lease or as the result 12 of the Lessor's consent to hypothecation." Said insurance shall.be 13 in such.form that the loss,,if any, shall be payable to Title Insurance 14 and Trust Company, Orange County Office, as trustee. Said trustee oo 15 is made and constituted a trustee to hold such insurance policies `_ 16 and to receive any money that may become due or paid thereunder and U' 17 is authorized to do any and all acts necessary for collection, said i 18 moneys to be held by said trustee as security for the performance by 19 Lessee of its agreement to repair, rebuild and reconstruct said . 20 premises. All insurance moneys collected by said trustee shall be or other ad itional insured causing repairs to be made, 21 paid to Lesseelin instalments as the injury done by any casualty 22 insured.against is repaired laXkRauxxa and the repairs are paid for. 23 All such repairs or reconstruction shall be made upon the supervision 24 of a licensed architect and no instalment of said insurance moneys other additional insured 25 shall be paid to Lessee or /xxxxa=dEm until there has been filed with 26 said trustee a sworn statement of said architect to the effect that 27 the acquired pro rata proportion of such repairs as above provided 28 has been made. If after applying such insurance proceeds as aforesaid i 29 there remains any surplus insurance moneys, it is agreed they shall 30 belong and-be paid to Lessee, provided, however, that in the case i 31 where Lessee has failed to procure and renew such insurance, and i i 32 Lessor has procured such insurance and has not been repaid by.Lessee nos�.ti j 2. i u. 1 2 3 4. 5 6 7 8 9 10 11 12 13 14 W` N Z 15 �'a �u uW u OZ 16 130 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31; 32 0 as required hereinabove,prior to the loss, then said surplus insurance moneys shall belong to and be paid to Lessor." IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day, month and year above written. ATTEST: . W. E. ST JOHN, County Clerk and ex- officio Clerk of said Board of Supervisors By Deputy COUNTY OF ORANGE, a political sub- division of the State of California By Chairman of its Board ot Supervisors LESSOR �WRIPM,WMf T . i - 3. ROBERT E. LESSEE . Tt To: From: CITY OF NEWPORT BEACH CITY ATTORNEY DEPAR NT The Honorable Mayor and City Council City Attorney Subject: Improvements to County Dock property I M 18, 1962 The question of completion of the bulkhead a backfill on the County Dock property has previously been bef re the City Council. It was indicated that the City shou pay 3 % of the cost and the County pay 65 %, which is the proportiold nate ownership set out in the 1958 City - County agreement. The Coun y has suggested a written contract setting out the agreeme of the City and the County for sharing the costs of complet' n of the bulkhead and backfill. Transmitted herewith is a r olution which, if adopted by the City Council, will authorize th execution of the contract. The contract as written calls for coqbletion as shown on Plans and Specifications designated N-10 date April 1962 which are on file in the office of the Orange County arbor District. The contract calls for the City to pay 35% of t e cost of the improvements not to exceed $7000. It also calls f the City to pay 35% of the cost of advertising for bids. I requires the County to pay the remainder of the cost. If this meets with the approv mended that the resolution be WWC:mec Enc:. cc s City Manager City Clerk Director of Works of the City Council, it is recom- 1VV ' Walter W. Chara City Attorney . WWC -mec 4/18/62 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE COUNTY OF ORANGE WHEREAS, the City of Newport Beach and the CoU7ty of s,{ Orange entered into a lease in 1958 under which the Couty Dock C property was to be leased for commercial development; /'and WHEREAS, said contract required the lessee for that purpose to complete s bulkhead along the entire wat%rfront area; and j/ WHEREAS, said lease has subsequently een terminated and the bulkhead left incomplete; and WHEREAS, it would be to the mutua advantage of the City and County to have said bulkhead complete and backfilled; and WHEREAS, a contract has been County would have said work done and thereof not to exceed $7000; and WHEREAS, the.City Council // found the same to be fair and equii NOW, THEREFORE, BE IT Clerk be and are hereby of the City. ADOPTED this 23rd ATTEST- under which the City pay 35% of the cost reviewed said contract and s OLVED that the Mayor and City to execute the same on behalf of April, 1962. Mayor L. B. WALLACE. COUNTY CLERK P, O. BOX 89e 0 0 COUNTY CLERK AND CLERK OF THE SUPERIOR COURT, ORANGE COUNTY SANTA ANA, CALIFORNIA January 9, 1962 Margery Schrouder, City clerk City of Newport Beach City Hall Newport Beach, California Dear Miss Schrouder: (C- PHONE KI 7 -9911 I am enclosing two copies of Resolution No. 62 -27, which was adopted by the Board of Supervisors of Orange County on January 3, 1962, pertaining to the termination of the lease between the County of orange and George P. Carver.. Very truly yours, L. B. WALLAUE, Uounty Clerk and ea- orricio clerk of the Board of Superviscm of Or a County, California By c ti Deputy Clerk JA Eno. _1 ('7 ,,s to cm CLrW r fs ��sz NE}yp�ry OF R7 g� 1 2 3 4 5 6 7 8 9 10 111 121 13! W 15i a> Zi UUO 16'. 0 z 4 Z z. 0o 17 u 18 191 20 21 22 i 23 24 25 26 27 28 29 30 31 32 Y� C RESOLUTION OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA January 3, 1962 On motion of Supervisor Warner, duly seconded and carried, the following Resolution was adopted :. WHEREAS, George P. 'Carver, Lessee in that certain Lease entered into with the County of Orange on the 15th day of May, 1959, as amended February 28, 1961, is in default in the performance of the terms of said Lease in the particulars set forth in the Notice of .Default dated November 16, 1961, and WHEREAS, more than fifteen (15) days has elapsed since service of said Notice of Default upon said Lessee, and WHEREAS, said Lessee has failed to cure said defaults, or any of them, and is now in default of the terms of said Lease. NOW, THEREFORE, BE.IT RESOLVED AND ORDERED that pursuant to the provisions of paragraph XII of said Lease, the County of Orange, as Lessor, does hereby elect to terminate said Lease and to enter upon the leased premises and take possession thereof, all in accordance with the terms of said Lease. Lessee shall have no further rights there- under and all improvements are the property of Lessor. The Clerk of this Board is directed to serve a copy of this Resolu- tion on George P. Carver, Lessee, by mail providing for return receipt, addressed to Lessee as follows: Mr. George P. Carver C/o Ashton, Drohan and Marchetti 3345 Newport Boulevard Newport Beach, California AYES: SUPERVISORS WILLIS H. WARNER, C. M..NELSON AND WM. HIRSTEIN NOES: SUPERVISORS WILLIAM J. PHILLIPS ABSENT: SUPERVISORS C. M. FEATHERLY Resolution No. 62 -27 1. 1 2 3 5 B 7 8 9 10 11 STATE OF CALIFORNIA ) . ) ss. COUNTY OF ORANGE ) I, L. B. WALLACE, County Clerk and ex- officio Clerk of.the Board of Supervisors of Orange County, California, hereby certify that the above and foregoing Resolution was duly and regularly adopted by the said Board at a regular meeting thereof held on the 3rd day of January, 1962, and passed by a,three- fourths vote of said Board members present. IN WITNESS.WHEREOF, I have hereunto set my hand and seal this 3rd day of January, 1962. 2. 14 J , mF 15 2 o Oo 0 0 16_ w >o oZi' go 17 u 18 19 20 21 j . 22 23 24 25 28 27 28 29 30 31 32 2. I l l RESOLUTION OF THE BO.n OF SUP RVIS61CS -OF OP'A' E wOUNTY , i ri IFORNIA I 31i Jfumary 3, 1962 4' On.motion of.Superviser Warner, duly seconded and carried, the 5' .._::;2_�;wim Resolution was aenpted: 6 :1ES.:S�EU, that the withdrawal; �y Y. L. Elzea of his name as 1 7 z:s' - *see of the Newp:? +_-t Towers Project lease be accepted, and that z, i,ryr negotiations in connection therewith be terminated..':_' SUPERVISORS WIL�IS h. ;- iAM Ali:'; C: M. NELSON, WM iiIR TI ANO WILLIAM J. PFILLM I is _.ove and foregoing Resolution was duly and regularly a&-pted by the lgii said Board at a regular meeting thereof held on the 3rd day of J,snuj,,ry, 20 y5?, and passed t ;y a unazr_imous vote c4 said Board mumbers present. I: P3 ' IN :SIT, .." vrrTEREOF, I have, hereunto set � ±y Band wed eal this s 3rd day of January, 1962. 26 x 611.+++ooa 1 26{ I 27 28 29: v. y :. lution _..... 62 -26 L . _ B-. WALLACE Coun(Y" Clerk and ex- officio Clerk of trc Board of Supervisors of Orange Courity, California 9 SUPERVISORS NONE �p . IS �BSENQT: SUPERVISOR$ C. M. FEATHERLY � Jgr�'F�£ltrEO is l �� 9 1go2 14': STLTE OF CALIFORNIA 1144% or -_' JliN"Y OF ORANGE ) ss. �~ 16' T, L> B. WALLACE, County Clerk and ex -o£fic erx of ti?c Board of S'upervisors of orange . °ounty;-- California, hereby certify that t'r is _.ove and foregoing Resolution was duly and regularly a&-pted by the lgii said Board at a regular meeting thereof held on the 3rd day of J,snuj,,ry, 20 y5?, and passed t ;y a unazr_imous vote c4 said Board mumbers present. I: P3 ' IN :SIT, .." vrrTEREOF, I have, hereunto set � ±y Band wed eal this s 3rd day of January, 1962. 26 x 611.+++ooa 1 26{ I 27 28 29: v. y :. lution _..... 62 -26 L . _ B-. WALLACE Coun(Y" Clerk and ex- officio Clerk of trc Board of Supervisors of Orange Courity, California i L L tbA'Wi. U, CountV Nirk Orange County Board of Supervisors Orange County Court House Santa Ana, California Gentlemen: George P. Carver 2294 Channel Road Balboa, California December 26, 1961 I am submitting with this letter the names of another group for your consideration and investigation as assignees of the County Dock Lease. This consideration is only asked in the event that Mr. Elzea's backers are not acceptable to you and that he is rejected. I have had several discussions of the project with Mr. Jackson and Mr. Alberding subsequent to the enclosed letter and they are very interested in proceeding subject to your approval. Mr. Alberding who is a fine gentlemen that I know you will like is the fourth largest hotel owner and operator in the country. Most of his operations are in the South and Midwest, although he has several deluxe resort hotels in Pheonix, Arizona. He is presently building a hotel at La Jolla with Mr. Jackson and they will be here the first week in January if you should wish to meet with them. I am sending a copy of this letter and the enclosures to Ken Sampson to save time if you wish an investigation to be made. Sincerely yours, George P. Carver GPC:m1 Enclosure cc: Mr. Kenneth Sampson i RE J JflC�S00, J�. _r. GeorSe P. Carver 2294 - Channel Road Balboa, California Dear Mr. Carver: • RENO: FA 9.1117 • CONTRACTORS • FINANCING LEASE PURCHASING • LEASEBACK RUSS BLDG., ROOM 1201 235 MONTGOMERY STREET SAN FRANCISCO 4, CALIFORNIA EXbrook 2 -7920 September 14, 1961 I ftmt ;S•�d JAN =1962 L I WALLWF, County G—" Re: Development of Waterfront Property �Yr— "�OOPury Newport Beach, California With reference to our many discussions in developing your property in Newport Beach, let me say we are ready, Trilling and able to build, develop and finance this complete project. Ue further would like to enter into a joint venture with you for the joint development; our contractor, the Brunzell Construction Co. would be builder, I would be responsible for financing, and Mr. Alberding, the president of Alsonett Hotels, would be the operator. If you are still interested in this offer we would be very happy to meet with you at your convenience so we can bring this project to a reality. I am enclosing a copy of the properties presently owned and operated by Mr. Alberding, along with a copy of building projects completed or in progress by the Brunzell Construction Co. If this offer is acceptable to you, let me hear from you at your earliest. Best personal regards. SinceXely, ,II `I JR r _ ON 1 �✓/ ^JJ:jc / r , JAN 2 -1962 �B �R u nz EI L L C O n STR U CT'I O rl C O., 111 C� �• gY�► titEl , County oterk ' —•OF NEVA OA•— GENERAL CONTRAOTORS 30 itp.�`. il 19 61 Mgr OFFICE ®ox IsaY ' RENO.NEVATIA .' FAIWIEW 0 -1117. TO, t=-., IT M"I Cw rC ' -*. .j P,eoux _ of work coLTIeted or in progress by Everett S, 11, ikunzell end Associates, C0: 121.t T-A J0:I__3 Alf,2 r KDtel Hoopitnl 8: VAsc, Buildi22 es inisa, California . {•.•aores Islands, Azores Archipelago P.rchi act - . Frank Xi. Green Contract (Joint vent:ar ) Our Portion of Segregated Contract ;;4,500,000 1 460 030 Loyola ColleLe Dormitories Lindberg School Loa Enr,;eles, California' Ares_tect - Albert C, P`as.tin Contract $0390500 Lo , Beach City College Lonr- _'each, .C:.liforaia Contract U,150,000 Keynar Fig. Company Warehouse Loa Angles, California Contract- 275,0 La Fear" High Gcnool La California .. A cFxi`✓ ct, Fr. Lt. Frrison Contract $1,200,000 ilc;,:; ca .'sdical Center F;af:o, itevada Architect - U.. Loy and Crow Contract $659,000 . Auditorium Lt=b,m%, California Cont.:ci $ 25,000 Iarstcn, Intermediate 9chhol. Earstow, California Contract .850,000 Long P,each,,Californie Contract W7,ODD Holiday Hotel Rcno, IL-vada Architect,Frank W. Omen Contract y` p000j 0 P3uo .4gae.cs "Nuaget Casino" Nova,da ArcIIIt'ect - L7eak We Green Cur Portion of segregated Contract a.00 , 000 V- tu.J'i: riiOlLiE' i ::yCl P.eno, Gcvada Arcl Itect - crank W.: Green Contract y330,000 . State of Nevada Hospital . arkaj i,evuds Contract $500,000 Plus 14ae Male school Vonrulk, C liforain Contract Yk7;a,ODD First Baptist Church:: Deno, Hevada Contract y160poo0 A E $RU1lZELL COTISTRUCTIOn CO.,11K. ' —• OF N EVA DA•^ GENERAL CONTRAOTORS REPLY Tb+ ' POSY OFFICE BOX 1627C RENO.NEVAOA '- .. Try FAIRVIEW ! ^1117 C0.`21 ' =—D JO ' � ; Library Buildin ; I CU.aiasium Building ricsno, Cralifo -Amia Uaivcreity of California Cr st:rct (Joint Venture) ::.•oroice Car vu3, California :l,l�:p,(:pp Cc:utract w1,p5p,000 Football Stadium i:icro-aave Station ror: *alias C il.ifornia Sono, 11owda # Contract $350,000 Contract �,-:1E4,0o0 r Ne°lth and Welfare Buildiag AIr Taxminal Building Fcno Yie rada eno, StwadW i Contract I`226s000 Contract y2,000,000 Police Academy Concord Librar,) Concord, California Concord, CzLlifornia w CCL trnct .",•31,000 Contract X360,*= I Ssa Benito County. Library iclard r. Byrd Jr. iii School Hoilistcr, Califorxiis DM valleys California Contract ¢,200,030 2,12 >,000 Union Federal. Savings & Loan Assn. Ho.^.: Vurniture. Cow Office Wilding Store wilding ii - no, rovada. r :':::'YO, Pevada . .Contract 0� 2,5�p' ++tIII'vT'73C:t Pon American YYiCiiway Brides ^w Ysrtel Costa Rica, Central t=rica Dick Graves Cont•_aL;t (Jv xt Ventme) »r. ti, Yiarcda Contract asloo,CQO Contract ti1,p0o,ocp MM. T"feW 1-I41'. rol.euax tiDl + r' "et Casino Addition. .. Bono, Ibvaca 4"mo, ive`Jadla Coatrzct. YC5,000 C=,,vact ti's 4 D 000 Sota,L of California Msaintai ana' S', a;,ion Soda Saringa, California contract Y6o0,U00 Y&J notel StatelIM, NbVada F xvcy' c 6 +ax nn. M=l Ci nS_�ct ?5,500,000 Area: mall: Greco C<a,=nnity Apt. Fiauza j 5t-ancinco, California Contract "1,200,000 Arch# Alta EaLncere a 0 Crw �• A11r�. »tv�. P.¢aCidsaat . E=cutive 3= 105, Tulsa 1, Okla. =1 1 ic?sa7sa Zen p, „sdLsa Ina royal Patles Ina Brach Cltb &atel C-tril &each Hotel uoiie4y hotel & Villas e0boottiaa Borsch Howl k' rioa Hotel ftz -m-:3 Q®hsl Tides Hotel vivo, Park Hotel 7 :uridca Natal Grady Hotel Ring A Prince Hotel Fact Aruetr=g Hotel IndU.-aa lintel ,Ta7ma* Hotel dsyLsaak 3vmaior HIShway noraa coo. D. Eigler Frame, charleston Patel l4aje4ti4 Hotel. . Wads t**- Yourrs !rota: Gant Bay Lodge Oceid,s --w HOtei Groorwills WA41 Ca=ter :fatal . o. Henry Notel eEaersy rMul Liascals Lodge 01cat.rnv inn Aldrich;* Hotel Aldridv.ge !Hotel Ifteei Hotel Aldricte HOW Ring Cottoo Hotel PNO1047 Hotel nendt .ge Hotel notael Dense UaMima Hotel cey -t%c ROX-6l 1%1ceo1=,fk Rouss ceo,dhtle tl¢te l 2aabine 11vtol (iris, Patci zals ujh irate! +ltamaxxl.l Joe-arm Hotel triebard h®tal Lorntf_ee; i s a sis, Aria. (1.41 5 -6301) Aria. F`=— .ir, Aric. Fort Lan-dsrdala, Fla. tort i..AuderL,als, Fla. Fore Lt,V-dvr4ald. Fin. port Landardale, Fla. Ocala, Fla. Ft. i'stnrszrurg. Fla. St. aFesteraburg. Fla. St. Far:arctmriz, Fla. Tallaha%see, 81n. Ta1LstK,ad, Fla. St. Simons Island, Ce. Reek Iglaud, 1114 !'art Wnyno, Ind. 1'opak4, Kan. TappaLu, ".Han. B%'.RiTeg+&; La. Lake Charlea, t.A. Hake Girurlrs, 'a. ;.hrar•aport, La, i„ eatereille, '+aaas. M.u6krCaan, 111ch. c7m;.ville, MOP. wilfi , sec. rc .ud u8, Ohio Calcsziup, Ohio A de, 'v`Uet. MAlcaatur, Okla. Kiwi, Okla. gbavv'we, oj�.l tr�,r$ia, 'L'aa=. numphi ®, Tenn. NaTtville, Tom. DrA1 tts, Texas TAeuiam, Tmcas Lr bock, TrMs Paris, To=& Pevt Arttaar, resew P,4t arth=, TVV48 T,saarku=, oSxrs t%co, Teams Cie.C'aabarr$, avaYf:. 17q�.. L JAN 2 -1962 100 100 50 150 50 60 zm. S 30 apts. 38 100 300 185 395 120 35 so 250 250 300 50 5ai 175 110 60 330 14+ 600 9ce 135 120 117 200 1O 134 185 623 250 110 NO 200 100 200 250 a W. rwula ,i ;3 w Cr. as A.lbz a °ictg, rMaid"t imt- ea+tive Ottieeas. P. C. 8cs 1€ 5,, T'ulsm 1. Ohl&. JAIL 2 -1962 4 4' EW YN W .a..y LQCdSt�.f ^• f.�... Jo:".?�k =� it&3 Pi.�i«s, Aria. (s�'Ei 5 -dlAl) 100 paradiva 8.= p.. T;A sz, Aru. 100 @aryal Paris Inn Fi ^iii, Aric. 50 Repels Cl%5 Hotel Boat Laedardtsla, Fla. ISO C-•rr.1 tsadm Hotel port 1...U&rtdle, Fla.. 50 )10114ay Ratal 6 Vill" For.: LA!mdvrdcsls, r1s. 60 Zoom. & 30 opts. eotusottia 8eaah Howl Part Lauderdale, Fla. 38 srioa Hotel stale, Fls. 104. C4 u-a Hotel ft. PBt.nS9lfkirs. Fla. 300 Ticks Patel St. Poteraburr, Fla. 185 Vlsvag frig Hotel St. Fattarob1tx9, Fla. 375 r.oridrm Natal Tmllmbz%asee. Flo- 120 Ceaady Yc11QI�x lax, Flat. 35 .i3ctsl King 6 :+rtrnaa'Hotel St. Siawae relimd, Ga. Bo Fort Arcatron actol hark IIlasad, Ill. 250 Iad9.a.0 Ronal fort unyne. Ind. 250 Jaydalck hotel S'c peke, Kan. 35D0 Jayhevk 3tmior HLgbtmy Ronal `topcka, ".en. 50 a". a. Etglar NOW :er<atc,gs: ±s. s0 Charleston Patel Lake Charles, La. 175 Kajontic Natal ieD<e cbkrlr®, _%. 110 Waahingtoo- YaureR, Rate' .T KR vrprt. La. err Au4 East Bay Lodge uuaerville, +dxs. O"Umastal Hotel muakccrrm, gich. 330 croonvilla Hotel C:e„a:willt, xxae. 144 Co=c r Hotel 3oplia, ?o. 400 0. Henry Hotel xtanstswsrs. s7.C. ?00 Caaxay E'sutml ai2r;a, A.C. 200 Lincoln Lo4V Goias 135 Olcmtsnw Iam C01t ?aua, 01ALa 120 Aldrid3o 8c al ?.d . 0418. 117 Lldrtd" Hotel mcAlcuter. Gkla. 200 Miami Plotel m xr_$. Okla. 4ldrid3a Hotel 0l:ia. 134 Kung Cotten Hotel mewy;1da 'rR =. 185 Pma`w47 Hotel :lcrilxim, Tear. 525 II XM4ta,V4 HOWL )1avLville, Toam. 259 ratol Amllas Do,) lab, Tmsae 400 Rewire Hotel DaaIRCrO, TRxam 110 carlmzk razal Lrleaartl, ;GF.BS 2fYJ ftcbolaiu Boise Perim. Taamm b0 O*Odhra U*tel Pact Artlsxsr. ' o"& 200 ' ?8btsrm' Not,al P <rz Arthsx, T.W40 100 tisinti ltcr&cl '�'•?aerk , eexae9 2053 R,ala s,h R ta:l Warn, Terss 250 Stns n'.1 lacUx%m Hoth1 C1Aeku3xurp, slamx, Va.. 200 rms. & l.7 ar't'?. tric3aard Hotel t.uatfzzrrn, j' i.S... J 6 MINUTES OF THE BOARD OF SUPERVISORS OF ORANGECOUNTY, CALIFORNIA .''December 20, 1961 A �Zular meeting of the Board, of Supervisors of Orange County, California, was hold DeC4014b6r,20o at 9:30 &X. The following named, members being present: Wx. HIrsteins Chairman; C.M. Weatherly, William is Phillips, a.m. Nelson, "A the clerk. Absent: Willis H, Warner IL NE: NEWPOHT TOWE" PROPOSED ASSIGNMM OF LEASE On motion of Supervisor Nalsons duly seconded and unanimously carried by Board members present, the matter, of the proposed assignatent of the Newport Towers Lea" is continued to January 3s 1961 at 200 P.M. with request that Mr. Mel L. Elsea.submit the names and qualifications of those interested in the Towers Lease to Kenneth Sampmaj, Harbor Manager, for Investigation ,as to the financial stability and character of said persons. STATE OF CALIFORNIA, County of Orange 1, L. B. WALLACE, County Clerk and ex-officio Clerk of the Board of Supervisors of Orange County, California, hereby certify the foregoing to be a full, true and correct copy of the minute entry on record in this office. W WITNESS V91M6EOF, I have bereuut* at my hand and sea 04220th .'W of December, 1961 /L/. WALLACE .OM 4-61 County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California (Woman II C: Vil-3 1'eaguz of ew`zo%t =#a%6o% Box 1039 Newport Beach, Calif. City Council of Newport Beach City Hall Newport Beach, California Honorable Sirs: IN .; December 1, 1961 Re: County Dock Site �f e CfY" The Woman's Civic League of Newport Beach wishes to express . to your Honorable Body their unanimous opinion as contained in the following motion, the result of the Membership Meeting of Nov. 21st. It was moved: 'That the Woman's Civic League request your Honorable Body to do everything, in your power to preserve the County Dock Site, Newport 3each, as a view site of the harbor.' "!e strongly urge that the natural beauty of this area be pre- served; we believe this to be the last possible access for the public to 'the Bay; not only for residents of Newport Beach, but for allthe citizens of Orange County and the Mate of California as well. %,poor L EACH �� Irery truly tire. Corr s I -Ll, :iub er, Secretary FILE: e --C" 2e.� X33 C's November 30, 1961 Board of Supervisors Court House Santa Ana, California Attention: Mr. Claire Nelson Gentlemen: Copies of the Resolutions adopted by the Board of Supervisors of Orange County on November.l5, 1961, dis- approving the Assignment of the George P. Carver Lease to James L. Fallon.and declaring George P. Carver to be in, default of the terms and.conditions'of the said Lease', were presented to the Council of the City of Newport Beach . on November 27. On Motion of Councilman Somers unanimously carried, the Council concurred In the action of the.Board of Super- visors as indicated.in subject Resolutions; directed that the Board of Supervisors be notified of the action taken by the Council. and directed that the copies.of.the Board of.Supervisors Resolutions be filed.. 2 3 4 5 6 7 8 9 10 11 12 13 14 'zz 15 , ». „og 1 "6 4�u z Apo 17 U 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 C' J 0'� RESOLUTION OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA November 27,1961 'yr`\ CRY Of pner W SLV On motion of Supervisor Nelson, duly seconded and carried, the following Resolution was adopted: WHEREAS, George P. Carver has agreed to assign all his right, title and interest in and to the Lease between the County of Orange and George P. Carver covering the Dock property, to Mel L. Elzea, and WHEREAS, this Board is interested in the proposal made by Mel L. Elzea, NOW,•THEREFORE, BE IT RESOLVED that this Board .defer a definite finding on the termination of said Lease to December 20, 1961 at the hour of.2:00'P.M. AYES: SUPERVISORS C. M. NELSON, WILLIAM J. PHILLIPS, C. M. FEATHERLY, WILLIS H. WARNER AND WM.HIRSTEIN NOES: SUPERVISORS NONE ABSENT: SUPERVISORS NONE .STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) I, L. B. WALLACE, County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California, hereby certify that the above and foregoing Resolution was duly and regularly adopted by the said Board at an adjourned meeting thereof held on the 27th day of November, 1961, and passed by a unanimous vote of said Board. IN WITNESS WHEREOF, I have hereunto set. my'hand and seal this 27th day of November, 1961: - WAi:LACE Count y;,Clerk. and ex- officio Clerk j' of. he ;Boar pf.Supervisors of Orange Count ifornia 4.5� , eputy Resolution No. 61 -1210 _a, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 D» 'U °m 16 4rD OZ4 0 0 17 V m 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION OF THE BOARD OF SUPERVISORS OF nFUpoar ORANGE COUNTY, CALIFORNIA November 27, 1961 On motion of Supervisor Nelson, duly seconded and carried, the following Resolution was adopted: BE IT RESOLVED that the Superintendent of Building and Safety report to this Board on the plans and specifications on file in that office regarding Newport Towers, said report to be made prior to December 20, 1961. AYES: SUPERVISORS C. M. NELSON, WILLIAM J. PHILLIPS, C. M. FEATHERLY, WILLIS H. WARNER AND WM. HIRSTEIN NOES: SUPERVISORS NONE ABSENT: SUPERVISORS NONE STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) I, L. B. WALLACE, County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California, hereby certify that the. above and foregoing Resolution was duly and regularly adopted by the said Board at an adjourned meeting thereof held on the 27th day of November, 1961, and passed by a unanimous vote of said Board. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 27th day of November, 1961. Resolution No. 61 -12.27 uIty nark and iiscreation ;.epurtmont +ewport beach, ualiforniu City Council of Newport Oeucn Newport Boachp Gallforti -a Claire x; . Nelson Board of aupervisora <anta ,,na, California sirs: Al ' i:lii'r > =r1vL ,lewport teach hoVlj::it)er du, 1SDt1 Resent public dissuasions of high rise buildings � have shown the intense interest the people of this om=unity have toward preserving a scenic view of our beautiful waterfront. 1 suggest that if the original lease for the county dock laud and the aujacent city land which was to become tine "Towers" were to be considered today, the great majority of the residents oft.-As oorimunity would be in favor of leaving this land as a window to VA bay rattler than filling the last public panorama with a building. Our indifference at the original signing of this lease should not be used as a gage at this time of public sentiment for the beat use of this land which is so ideally located to be enjoyed by residents and visitors. If recent newspaper quotes are correct in stating that the present leaso is, or will bes delinquents I wish to go on record as favoring that this land be converted to a public green areas tins that will preserve a picture window in tuts area for every city and county resident and for every passing visitor to this area for generations to comma. This would not be without precedent in our comrmnity to have a park which is to be enjoyed principally for its scenic view alone. I know of no more beautiful spot in our city than the green area along the Corona .Del Uar bluff overlooking the jetty, i'he argument that income could land with une other than a par: existing or potential park In many the question is simply, picture wortli` " `Ptmis truly 1s should be deutroyed only if it interest oun be better served. be obtained from this s is valid for every Sur city or county. To hat is a priceless a picture window that can be shown the public `.ours truly, L. B. WALLACE. COUNTY CLERK P. O. BOX 686 COUNTY CLERK AND CLERK OF THE SUPERIOR COURT, ORANGE COUNTY SANTA ANA. CALIFORNIA November 20, 1961 Margery Schrouder, City Clerk City of Newport Beach 3300 W. Newport Boulevard Newport Beach, California Dear Madam: c� PHONE KI 7.8811 C - S 33 f ,Y :• �4 I am enclosing a certified copy of Resolution No. 61 -1174 adopted by the Board of Supervisors of Orange County on November 15, 1961, disapproving the assignment of the George P. Carver Lease to James L. Fallon, et al,; a certified copy of Resolution No. 61 -1175 also adopted on November 15, 1961, declaring George P. Carver to be in default of the terms and conditions of said Lease, and an extra copy of the Notice of Default. mka Enc.:3 0101'1 :' is 1 e Very truly yours, L.B. WALLACE, County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California By 12 deputy Clem i Pitt a ' - NEWPORT BEACH Y 1 2 3 4 5 B 7 8 . 9 10 11 12 13 14 d z 15 00 8 ,e3 16 .e oz< $e 17 18 19 20!, 211 22 23 24 25 26 27 26 29 30 311 32 RESOLUTION OF THE BOARD OF SUPERVISORS OF,ORANGE COUNTY, CALIFORNIA November 15, 1961 On motion of Supervisor Nelson, duly seconded and carried, the�� following Resolution was adopted: WHEREAS, George P. Carver has proposed that Wonderbowl- Downey, Inc., and Vandenburg Inn and Hotel, Inc.,'become assignees of that Lease entered into on May 5, 1959, and amendments thereto, between the County of Orange, Lessor, and George P. Carver, Lessee, said Lease commonly known as the Newport Tower Lease, and WHEREAS, under the terms of said Lease such assignment must first be approved in writing by this Board, and WHEREAS, this Board finds the terms and conditions for the pro- posed assignment as presented by Mr. James L. Fallon on behalf of the proposed assignees, are not acceptable to this Board, NOW, THEREFORE, BE IT RESOLVED AND IT IS SO ORDERED that the assignment of said Lease is not approved. AYES: SUPERVISORS C. M. NELSON, WILLIS H. WARNER, C. M. FEATHERLY, WILLIAM J. PHILLIPS AND WM. HIRSTEIN NOES: SUPERVISORS NONE i ABSENT:. SUPERVISORS NONE STATE OF CALIFORNIA ) as. COUNTY OF ORANGE ) i I, L. B. WALLACE, County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California, hereby certify that the above and foregoing Resolution was duly and regularly adopted by the said Board it a regular meeting thereof held on the 15th day of November, 1961, and passed by a unanimous vote of said Board. IN.WITNESS WHEREOF, I have hereunto set my hand and seal this 15th day of November, 1961. L. B. WALLACE County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California Resolution'No. 61 -1174 1�11�Oi►t1W 2 3 November 13, 4 ..: of up tim Of O Nt r. Awly secaded a" carried, . the $ following ftwwlvtlm aaa AACP ardt as, Lesma r.. entmomw i*0 a Lease 7 VAtk G80qP P. ' CarverO to LON*ae$ on the .3th day of mays MOO . s X15, Paragraph 11 of said Leese was smosiw by of s t bm Partiestmrstolo dated Grp ip, 196I 10 IWOUS, by the term of Said Wit,. s exreadviltbis ow 11 bwadnA testy, *ya from, the data Of said smandawk to prepay or 12 eaysa to be prepared amd 4WUVUVV4 to Lssaor, data "A plaea 6" spsciw 13 f iaatioes far rtll ot. S&o '%dld w a w m to be 14 ceeatTgated . y Less"O AM ar 15 OWUMS , the tiaas for submittAM 4614 detailed p'larde tad speaifi- U ° a 16 eatleej aaxad tbre Marl:. fee- ,eb osau Ut%t ou ss" improvements has ' .. 'oz 00 fi7 ... 1xAAX *ad u 1a 0,10y'00 teats of ftrapaph x12 of the Less" : 19 44r4sd, to'Ae w IMPathly remtal Payments !an the. aseust Of Bier 20 D011aars (600. D) per for ! first ItM ty"sis ��hs Of Cite 21 tare Of, said Lassa: amd :22 wmn", lots": is iu 4sfevjS Oa said e�shthly sootal peyarwte i>s 23 the amt of OYe. 9j&t:Jja&drall Dollars (010800.00)1 punts 24 Ott .8a► dit . foa�th YO�Iar 0113$. �'Y76i1 1a�h 1x1, .tad la additiare 25 therete the 4%jr1 "eat aaoath• l leaatal boa, not been vacei. 26 FASO by the term of Paragraph dll of the LeeOe, 1eas4e 27 afire" to pay, s11 tests prior to tbs. deliapawy thsxeaf, 494 28 the Lessee Is Is 40ia%dt Ou the psyaae st Of the lq"1 , z9 1+f 2 property tax" on, his poe$*"Dry, Igterart is the Umseheld in 30 the -of Two lbummamo One wandred Fifty -SIX Sollars and Thirty- 31 Taxes s (41, M, 331) > Pharr► the peaatlty in the s Of QUO 32 ds�nraty- 'Trio�pi�O►lla^�rrs a�+}" Fifty tianrts 172 30) Resolution, ft. 61 -1175 1. 'lhlat Ilstt4 rlt aaadt is, �► 4"Um" to hat 1u dofmtt 2 . Ia. ttaa oft" 't~aw"`sod aea>+Lt .of. "o"4 4"a 1' . . 3' 2. T��r t : the C uk. of tM4 g"„rda►f��ovo�s!irr�ir+�tate bqa be i/s��..�.�y'� Sao% tit"W*y - atlT"t" to: �'� $Ae aio' #PIWi �iht rA tors �tp 0 B 7 '' , "04060 Qrr%/M0 A,M�4pt0�h VV�PUU: *tub �iOp3�h�tLC�y �q��t.ii. C ��t�e�3. 8 �� � _ � .. � Tex'' t� iixia o bFy = "19 t o said. Los"* - uOt of d/�1to g StdAb mot:u a Rhali br tilab4t 4Kt$AlIY At feLbwot. 1p *VUX at UWASS 11 1 $R. Irasa" . La t� fiilgL"totA moo' 4� in" 12 vit h the of tlwtga an tba .13th ilty" of : l l89. ,1rs lebromw 280 14. To V= r u .tau i .17hRt . sa4s is doewt in perfanowe . oC18.. yZ2 OHO 4t' tho t+ ow of "tA Law1�+a1e sad. �.. i� t:b3�ts, " nom 18 �/ j afj� ��yy. li tl of O&W e � � thou 3` 17 tba ti "S" to Umsor eM,oafw " #]AM ftd at"*Lfl.*dk* 18 tiesi of tho s *bra t"WAA by i wrs 19 M#.$� ai11 btYd twOL7 ,. >raebrgsat�rr X961. 20 You bm ftilad to aaawly With said pf"tou" of "I'd 21 >rAt11N� as AIa1 , pad :harm Boiled to the :.. 22 ". fall s 411 i►fd. 23 24 2. )ti&Ittt" ati aillid I;eaaee �t . 25 SOW >" 1 18 t hO 8 t * 6tx iced. 26. ibilaro per : moth for the firit thirty -ox Moth* 09 ' 27 : the tors. *&.I . 'Yen 4:'w t.*, 28 $&AA p llIM of motel Los" is tbss :giJA reilktal OW 29 seats tttia 401,1*0 st for thaw umothi $A the aaovat all 30 tifleaitVstt:1,.�). rlhleii 31 chat: itee ljolwk9 the curxeft tm aath ftt VIkJAU A: 32 solttaI PWN=t hat ;olso not bash lfatoablva4. x. 7 3 4 6 9 7 8 9 10 11 12 13 14 16 z 16 8 17 18 19 201 27. 22 23 24 26 26 27 28 29 30 31 32 0 0 AYES : SUPERVISORS Willgat ' C , )L Y,. NOES: SUPERVISORS � d., IS� MK" Bt �I ABSENT: SUPERVISORS STATE OF CALIFORNIA ) COUNTY OF ORANGE I, L. B..WALLACE, County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California, hereby certify that the above and foregoing Resolution was duly and,regularly adopted by the said Board at a regular meeting thereof held on the ' is j4j -. day of , 19, a and passed by a 3lWolumma vote of said Board a IN WITNESS WHEREOF, I have hereunto set my hand and seal this day oftsa ► 1261• L.,B. WAIIACE County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California B 1 Deputy 44 Via' Laryaiwe, fin 'agr mer aril LaKei emntar" ifto vita 3 . the a# . an lit. of: s ��� ie' ?IiYY'g. 4 B Ye MILL UP JOIRM191 tit 7� ale , fa etaset�tt is �a►ce_,. ; @ vi' 00 tares of mafd Lagos and s timsss to, in is 7 1. Nta XI of "Id Lem,, , $ti1�"ed the riaisk► Laeaur deledie! apaeffioa- 9 tom► of thwwmntj� tos aatsvate�t 11W Laa 10 vim* twooty date froo rewrusry 12 , YOU bows 6ailait t0 m jjji4 of said 12 tar 46auda4 iod Neva SiRiI� t® corks tea 13 eta as xirad. 14 cot Is 2, �+asa�ea�& of 'said L so resgniV94 that Ids ;» o08 18 salts searal a in tins ,og ASIX d 0 17 a9ellsra per tat tl�r '1°31'9$ ik'ty�'s3z a t%e tE! l 18 tie AGIM Of said Lae4Ye . You' Mve gall": fo 19 aiiid pst ►3aioa' of Sold Lee" Ma t ilt X36 real pgy , 20 saints `ars dsli £air t�ta ae ice: tbb:SUVAkt off. 21 11@liali;,(�1,�Q•t� }� 22 s4ea faeluda the CUM."t > tot iWah a, 23 1 paywat ties a1RO aat ' been resolved, 24 25 1. fifes ep Y i. of`. said Lesse M:.tlfl4t tha Laiaaaa as s, PrY *11'. towas prior to doluNquafty. Yft. have lstlad.. to comply �ly .ntra r.id oivisiaa : geld 7�.ea 'ito that the 28 1961 -186! o artg i , an the p s .. gate a+sit bne 29 not P&JA it► the . mumn og 3�e' r ffsae Bred 30 Fifty -oft Bonn", eP4 rA C),N*Tk " Amato ': � s.� • s '. 31� the pomalty 9Y : .:M 32. �blltlle. sad Y3Yty a (I�i7$.�): City Clerk CITY OF NEWPORT BEACH PARKS, BEACHES & RECREATION COMMISSION F Ca 3� City Council City of Newport Beach Gentlemen: November 22, 1961 Re: COUNTY DOCK PROPERTY At the regular meeting of the Parks, Beaches & Recreation Commission held Tuesday, November 21, 1961, letters were read from D. J. MacLean, 801 Cliff Drive, Mrs. Stuart D. Baird, and the Woman's Civic League of Newport Harbor, relating to the County Dock property. Each of the three letters strongly urged that this area be preserved for a scenic view of the Bay. A motion was made by Commissioner Pease, seconded by Commissioner MacKay, and carried, that the Commission urge the City Council,to take immediate and strong steps in every possible thing that can be done to see that this property is preserved for park purposes, Very truly yours, MIL�C. SHEDD, CHAIRMAN PARKS, BEACHES & RECREATION COMMISSION CCS:h `COUYCII: ATT: Copies of letters from MacLean and Baird • vo Chairman of the Parks Commission City of Newport Beach Newport Beach, Calif., Tuesday November 21, 1961 Dear Sir, I wish to add my voice to the chorus of farsighted citizens who are requesting that the county dock area be converted to public park. There is no other city in the world that can boast a view such as the one that greets the visitor as well as the homecomer when whey reach the arches. It is unthinkable that this should be commercialized for the benefit of a few at the unmeasurable expense of the entire community. Very truly yours A Jeannette G. Baird (Mrc. Stuart D. Baird) .. 8C@Cliff Drive Newport tseach Nevember 200 1861 City Park and Recreation Department Newport beach, California City Council of Newport Beach Newport Beach, Californiba Claire N. Nelson board of Supervisors Santa Ana, California Sirs: Recent public discussions of high rise buildings have shown the intense interest the people of this community-have toward preserving a scenic view of our beautiful waterfront. Q. - REEE��'E� a. do I suggest that if the original lease for the county dock land and the adjacent city land which was to become the "Towers" were to be considered today, the great majority of the residents of this community would be in favor of leaving this land as a window to the bay rather than filling the last public panorama with a building. Our indifference at the original signing of this lease should not be used as a gage at. this time of public sentiment for the best use of this land which is so ideally located to be enjoyed by residents and visitors. If recent newspaper quotes are correct in stating that the present lease is, or will be, delinquent, I wish to go on record as favoring that this land be converted.to a public green area. One that will preserve a picture window in this area for every city and county resident and for every passing visitor to this area for generations to come. This would not be without precedent in our community to have a park which is to be enjoyed principally for its scenic view alone. I know of no more beautiful spot in our city than the green area along the Corona Del Mar bluff overlooking the jetty. The argument that income could be obtained from this land with use other than a park is valid for every existing or potential park in our city or county. To many the question is simply, "What is a priceless picture worth ?" This truly is a picture window that should be destroyed only if it can be shown the public interest can be better served. `0 7-61 Yours truly, 0 �, lh� f., e' City Clerk November 22, 1961 Councilman Harvey Somers City Clerk M. Schrouder County Dock Lease The office of Supervisor Nelson telephoned today and requested that i get in touch with you to inform you that the Board of Super- visors will meet in the Board Room in the Court House at 2:00 P. M. on Monday. November 27, to talk with a Mr. Elzea regard- ing the Newport Towers lease. Copies of Resolutions adopted by the Board of Supervisors on November 15, 1961, disapproving the assignment of the George P. Carver lease to James L. Fallon, and declaring George P. Carver to be in default of the terms and conditions of said lease are attached for your information. I am also enclosing a copy of a letter from D. J. MacLean, re- questing preservation of the County Dock property for a picture window. MS:mv Ence. MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA November L, 1�61 f A regular meeting of the Board of Supervisors of Orange County, California, was held November 1 -�l at 9:30 A.M.. The following named members being present: Wm..Hirstein, Chairman; C. Hf. Featherly, Willis H. Warner, William J. Phillips, C. M. Nelson and the Clerk. IN n-: PROPWED ASSIGNMNT Oy LEASE 1JEt PORT TOUIERS C0=141IEII Jn rn t-lon of SUInervisor Nelson, duly seconded and vrialllwusly Carried, the matter of the Proposed aaal6nmenL of the lease Between the County or orange and George Carver, (Newport Towers) to Sautes L. Fallon, `i7u05 ,Sunset Boulevard, ,Los Angeles 46, California, is continued to November 15., 19 1 at 10:30 A.M.. aw 6, s STATE OF CALIFORNIA, sa. County of Orange L L. B. WALLACE, County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California, hereby certify the foregoing to be a full, true and correct copy of the minute entry on record in this office. IN WITNESS WHEREOF, I have hereunto set nkv hand and seal this 6th day of November, 19;6'1.. L. B. WALLACE County Clerk and ex- officio Clerk of the Board of _ '�" 8-81 Supervisors of Orange County, California MINUTES OF THE BOARD OF SUPERVISORS ;> OF ORANGE COUNTY, CALIFORNIA November 1, V'-161 A regular meeting of the Board of Supervisors of Orange County,. California, was hold November 1, 1)ail at 0:30 A.M.. The following named members being present- Wm. ifir$tgino Cl.air.wan, C.m. peati-erl}r, Wililam Ji :piiillips, C.Y. Nelaon and t.e Clerk.. Absent t Willis 111. Warner Iii E t PROPOSED AS.SIONRfi NT OF UWE NKWPORT TOMM CONTI iii Pi on motion of Supervisor Nelson, duly seconded and unanimously carried by Board aftibers present, the ratter of the proposed assignment of tl,.e Yeas- between the County of Orange. and G-orge Carver, (Newport Towers), to James L. Pillory 7805 Sunset Boulevard,Los AnZeles 46, California, is continued to November Fs, 1961 at 2 :00 P.M.. STATE OF CALIFORNIA, County of Orange 1, L. B. WALLACE, County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California, hereby certify the foregoing to be a full, true and correct copy of the minute entiy on record in this office. IN vpirXMS ►BSESEOF, I have berommto net my hand and seal tma ' m�'rr '1/Y of NovtlIIlb@r, 196I L'5.---WALLACE lea . -m County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California /V- MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA October 3, 1961 -tq*�T'°�ular meeting of the Board of Supervisors of Orange County, California, rras held October 3,, +:r`�'+ at 9:30 A.M.. The following named members being present: 11111e lilrStVln, Chairman; C.H. Featherly, lv`LII13 R. Starner, C.N. Nel on and I;he Clerk. Abce4r:: William J. PhIlli'ps :supervisor Phillips arrives at the meeting and assumes his duties;. 'supervisor Featherly is called from the meeting. 114 FIE: HEAR= CONTIMMI) PRUPOSED AS310UM T OF LEAZE NEWPORT T{iW.�`fiS On motion of Supervisor Pelson, duly seoonded and unanimousli, carried by Board members present, the matter of the proposed ass: Gasmen. oi' the lease betaieen the County or Orange and George Carver, (Newport cowor:s) to Jas L. Fallon, 7605 Sunset Boulevard, Los Angeles 46,, Califoimi.u, is continued to October 17, 1961 at 3 :00 P.M., 1 STATE OF CALIFORNIA, r County of Orange j 1, L B. WALLACE, County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California, hereby certify the foregoing to be a full, true and correct copy of the minute entry on record in this office. I¢4 MTNEW V VBW=F, I have hereunto eat my hand and seat Guts ' /(,, ( y /,Q�sy�at� Oo tober, 1-961. L B. WALLACE ,ox . -sl County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California sir MINUTES OF THE BOARD OF SUPERVISORS Z �y�r OF ORANGE COUNTY, CALIFORNIA L14eoter: ber ` 1-,, V-r "al IV S.'. Se°i+:�fdb�Zti'` ��r meeting o2 the Board of Supervisors of Orange County, California, was held j�.- r � Ai " :Tf 8:3 h foll ed a ber es a tell ���I ai.' ^..t, F;ea4:1eI'" 4A It I �� `S� l �i t3 the Clerk. Absent- Willialli j. Phillips C :lw CLS.C3LS. ,u,ma t'1.fs a a �i, dr5 n IN PROPDSED ASSIfiIMENT OF LEASE hMWPORT TCl1d. M C€71�"i'IiVtsp On not-Lon of Supervisor Nelson, duly seconded and unanimovzly° ctaxbried, t re ifladter of tte proposed assiEra nt of the lease between the County of JraneLe and George Carver (Neleport Towers) to Janes L. Fallon, 7"05 D5 Sunset i3oultrrerd, Loa Aiw eles 4i , California, isi continued to Detober r `; ?'mil at 3,30 P.M.. .1 STATE OF CALIFORNIA, a. County of Orange 1, L: B. WALLACE, County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California, hereby certify the foregoing to be a full, true and correct copy of the minute entry on record in this office. IN WITNESS WBEREOP, I have hereunto set my hand and seal thl�- ot. L. B. WALLACE 10M 4-61 County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA < , t Li A re�lar meeting of the Board of Supervisors of Orange County, California, was held Sept enl �Pr i -ft at 9:30 A.M.. The following named members being present:'. ,.Fi'. a,:. "t,Flli3. i°1i9F331 . `'t !.'V -ha :a!er1'1j, 'atll,l 0 , rj ^.M. 'lkfl3t; n and CAD Clark. k r A k,ipz 2' S.rE'1'.,VR'"`vt -f';A the Ifl&'C°?'InE. rant a0 sLum3".'� 13 Uis:�.�.6$• 6 L Il Y PE"OpcZ ! =1G1izE1W 3F LEASE tIf tdPORT TOINEIIS CON'TINUUDD )n t- ..,otlon of Supervisor i'ielson, duly seconded tnd unanitr,::xLesly w�trra'w+i; the lsattesr >, >I' t - . rot)Xled eeaier gat of ` ;e lease between Y.e e01A.ty of Oran�'e a „ tQeorEQ carver (I;eefport -a."owemi) to jams L. zrtllon, j..:05 ,vmzet, Boulevard, Los Angeles California,, :is continued to iXtJ:l at ,^,:30 F.l'.. . STATE OF CALIFORNIA, ) ty es. County of Orange 1, L. B. WALLACE, County Clerk and ea- officio Clerk of the Board of Supervisors of Orange County, California, hereby certify the foregoing to be a full, true and correct copy of the minute entry on record in this office. IN WITNESS WJIEBZ0F, I have hereunto set my hand and seal L 1�)',/ day of :;'e'Utemi er x L. B. WALLACE ,on, s a, County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California IN RE: NEWPORT TOVERS PROPOSED ASSIGNMENT, OF LEASE CONTINUER on motion of Supervisor Nelson, duly seconded and unanimously carried., the matter of the proposed assignment of the lease between the County of Orange and George Carver (Newport Towe -re) to Jame L.' Fallon, 7$05 Sunset Boulevard, Los Angeles 46; California.. is continued to September 26, 1961, at,3.30 P.M. COUNCIL: DiSPOSiT10N: y _ 2" STATE OF CALIFORNIA, County of Orange I..L_ B. WALLACE; County Clerk and -es- officio Clerk of the Board of Supervisors of Orange County,. California, hereby, certify the foregoing' to be a full, true and correct copy of the minute entry on record in this office. IN WITNESS WHEREOF, I have hereunto set my hand and seat this 19th "Y of Re'ptember, 1961. L. g. WALLACE - County Clerk and ex- offieio Clerk of the Board of - sy Supervisors of Orange County,:California 301. inug Harbor COUNCIL: Newport Beach'. q'-1 b September 3,Z-0, z Rd. Tamea B. Stoddard, Mayor, 1� " 1,��o New ort Beach, Cal. . .. N 011-k 0"F P V Fof . y * a� Po _ Dear Mr. Stoddard, We have recently returned from through many many of the beauty spots of the country, Glacier Rational Park, the Cascades, the Rain Forest, the Redwood Highway and the superb coastline along the way. We returned to Newport Beach with joy at seeing again the beauty of our own community. As you are no doubt aware, many of the residents of this city feel a great sense of loss atithe threat of having the view of the channel, little by little, shut off for all except those who own frontage property. Re- cognizing that change and progress are in- evitable and, for the most part, good, it still seems reasonable that the bulk of the taxpayers should have some areas reserved so that they can get glimpses of the beauty that is such a distinguishing mark of this community. At this time I have in mind the long view of the channel as seen from the Arches. I had heard that a building was going up on this property. Yyhen I read that there was some difficulty about the arrangement and that the property belongs to the municipality and the country, I decided to write in the hope that something may yet be done to reserve it for the countless thousands, residents of the area and hhose passing; through, who will tra- vel down ewport Blvd. and the Coast Highway now and in the future. I wish that I could have made this the ost convincing letter that you have read* erhapds it will serve in some small part to have consideration given to reserving some view property that can forever be enjoyed by all in their dad ly rounds. sinc ely yours$..,r 9 �t- t SUBJECT: GEORGE CARVER C -533, CA 15, R 4909 DATE* 9/11/61 RE* *See --- previous documents and correspondence in File #1 SEE SUBJECT* C -533 Orange County County Dock MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA Aupot 29, 1961 A regular meeting of the Board of Supervisors of Orange County, California, was held AuKust 2 1961 at 9:50 A.M.. The following named memhers being present: Wm Hirs ln, Chairman; C. M. Featherly, Willis H. Warner, William J. Phillips, C. M. Nelson and the Clerk. IN RB: HAMM MANAGER AND COUNTY COUNSBL.AUTHMRI M TO INVESTIOATE QUALIFICATIONS OF PROPOSW ASSIGNS OF ERASE NXPORT TOVWS' SAMON TAXURA On motion of Supervisor Nelson) duly seconded and unanimously, carried, Ttnnsth.Sampeon, Harbor Manager and Stephen R. Tamura, County Counsel, or his repreeentative,.are authorized to travel outside of the County of Orange to investigate the qualifications of the proposed Assignee of the Lease between the County of Oraneo and George Carr (Newport Towers) with the County of Orange to pay the necessary expenses. Ube of County car Is authorized. County of Orange STATE OF CALIFORNIA, a 1, L. B. WALLACE, County Clerk and ea- officio Clerk of the Board of Supervisors of Orange County, California, hereby certify the foregoing to be a full, true and correct copy of the minute entry on record in this office. IN WITNESS WHEREOF, I have hereunto set my hand and seal this th of A uSUS t) .t,JWl Y ALLACE ,ua ,b, County Clerk and ex- officio Clerk of the Board of Supervisors of Orange.County, California . • •COUNTY CLERK AND CLERK L.8. WALLACE, COUNTY CLERK OF THE P. O. BOX 888 SUPERIOR COURT, ORANGE COUNTY SANTA ANA, CALIFORNIA September 1, 1961 PHONE KI 7 -3811 I L. Margery Schrouder S City Clerk CON �'i' �fiCIO rA 3300 W. Newport Blvd. DISPOSITION: 14� Newport Beach, Calif. Dear Madam: I am enclosing herewith two separate Minute Orders adopted by the Orange County Board of Supervisors at their meeting held on August 29, 1961, pertaining to the proposed assignment of the lease of the Orange County Dock Property from George Carver, (Newport Towers) to James L. Fallon, together with documents presented by Mr. Fallon. Other documents, to be submitted by Mr. Fallon, will be furnished to you by the Orange County Harbor Manager. Very truly yours, L.B. WALLACE, County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California lyiJc@% Deputy LBW;dk \� Encl. % ° d .r' �a ., 10 ' /�s�!:�is.%. -•G-� �; CET/ CLERK �1ra..- .,— �C.•..�'�� ;�,, CITY OF C DISPOSITION: NEWPORT BEACH.. ��.., ,/ L•. -rte- �c�...d.,....W4; der �cG /G� _ O.- c+sal.li zw ..a.:� GC ✓ •JS�-- vJ.'/ii 71 �.. i•..- I�LK/z /aG.. Li4l - C.e.L.� �..•.rG�s -»..may .•.;sue- -��'eL _�-;.. .�.c....� L.- �� ... .. -....t 'Z=.v ss.r�- .. -l.P- M�"� G% L i. -.+iC tdGli.1 - �••-9' pe yy.. L% - ..GIYAIU'.re..r..� ✓l. P-N/ w....' "'�a�"f �i� l �.lrr -.=+y� .- .y„- .. -..�- .2.oG,�i t.C:.• �a.+��.eJ ...-w- �4a �L-G 2S ��l a.-` .�-G/ iG- Y�.'�jj ......y� '- �L't.�..�a:y - 4'�a.. .SL ��� d. � � I�•."C �• Co- +• -a�ci �- first,/ all- ;;t7 .;,- "tre.! F C0.PY r Newport Beach City Council Newport City Nall, Newport Beach. Gentlemeno i COPY Newport Beach August 22, 1961 Rea Newport Beach dock Having settled here only a few months ago, I was unaware that the county -owned dock property had been made available for private development and a lease given to one George Carvers for this purpose, two years ago. I have only now learned of his non - performance and your action in respect to this. This is inexcusable. In the event that said Carver does not comply with the demands of the county by August 29th deadline date, I wish to go on record as being extremely interested in such a project ... and that I can develope this pro- perty into a world showplace and memorial worthy in every respect, of this splendid and beautiful community. Both architecturally and functionally, I visualize a multi - million dollar project with unique features that would be favorably publicized and talked about around the world...and would be an engineering marvel .a beacon of beauty visible at night from at least twenty-five miles out to sea, and from much further away in the air. Back east, I've had over thirty yyeeare experience as a (and with) prcmotor, organizer and developer of worthwhile projects, both in cons- truction and commercial propositions, and in their successful management. I have many contacts. I was extremely active in civic development and improvement, Having now adopted this area as the place to live out my years, I am anxious and will be proud to bring into being such a great asset to our city. The conditions of the lease are unknown to me, nor exactly what property environic.to the dock is included. I would.make two stipulations in any case. 1. A substantial adjacent area to the dock must be made available... both shore and water rights. This, for the dual purposes of (a) providing a substantial park- ing area restricted to the users of the dock facilities, m -m(b) and for providing additional area over and in the ocean for construction and facilities to serve the project with boat slips and service docks a,-- .an oceanside marina for those using our facilities. 2a The various authorities involved must grant permis- sion to construct a breakwater so that the above marina facility will be in its lee...in turn, the breakwater itself, in part, will be a recreational facility. If and when I can be officially permitted to enter into active negotiations and work, respecting this development, I will present a major plan (master) for this project in the form of an architectural rendering within sixty days time for approval. When actual leases have been exe- cuted, final plans wild be submitted within another 60-90 days, and cons- truction will begin almost immediately thereafter, when plans are ap- proved ... a project worthy of the largest city in the land, unlike anything elsewhere on earth, m of inestimable value to Newport Beach as a facility, as an asset, as a publicizer, and probably the producer of the largest tax revenue in Orange County, plus lease revenue. ,I estimate the entire project can be completed in 12 ®1 months, but it will be so planned and executed (in "stages ") as to make certain facilities open to the public as each "stage` is completed. Please put me on record wherever necessary, regarding my interest and desire to perform. Sincerely yours, 213k- 42 Street. /S/ L John Lee C 0 P Y ` I COUNCIL: C 0 P Y i Newport Beach City Council Newport City Nall, Newport Beach. Gentlemen: Newport Beach August 22, 1961 Rea Newport Beach dock. Having settled here only a few months ago, I was unaware that the county -owned dock property had been made available for private development and a lease given to one George Carvers for this purpose, two years ago. I have only now learned of his non - performance and your action in respect to this. This is inexcusable. In the event that said Garver does not comply with the demands of the county by August 29th deadline date, I wish to go on record as being extremely interested in such a project ... and that I can develope this pro - perty into a world showplace and memorial worthy in every respect, of this splendid and beautiful community. Both architecturally and functionally, I visualize a multi - million dollar project with unique features that would be favorably publicized and talked about around the world ... and would be an engineering marvel...a beacon of beauty visible at night from at least twenty -five miles out to sea, and from much further away in the air. Back east, I've had over thirty years experience as a (and with) promotor, organizer and developer of worth -while projects® both in cons- truction and commercial propositions, and in their successful management. I have many contacts. I was extremely active in civic development and improvement. Having now adopted this area as the place to live out my years, I am anxious and will be proud to bring into being such a great asset to our city. The conditions of the lease are unknown to me, nor exactly what property environic to the dock is included. I would make two stipulations in any case. to A substantial adjacent area to the dock must be made available...both shore and water rights, This, for the dual purposes of .(a) providing a substantial park- ing area restricted to the users of the dock facilities, -m(b) and for providing additional area over and in the ocean for construction and facilities to serve the project with boat slips and service dockage,- - an Oceanside marina for those using our facilities. 2. The various authorities involved must grant permis- sion to construct a breakwater so that the above marina facility will be in its lee „ vin turn, the breakwater itself, in part, will be.a recreational facility. If and when I can be officially permitted to enter into active negotiations and work, respecting this development, I will present a major plan (master) for this project in the form of an architectural rendering within sixty days time for approval. When actual leases have been exe- cuted, final plans wild be submitted within another 60 -90 days, and cons- truction will begin almost immediately thereafter, when plans are ap- proved . „ a project worthy of the largest city in the land, unlike anything elsewhere on earth, - of inestimable value to Newport Beach as a facility, as an asset,; as a publicizer, and probably the producer of the largest tax revenue in Orange County, plus lease revenue. I estimate the entire project can be completed in 12 -18 months, but it will be so planned and executed �in t °stages ") as to make certain facilities open to the public as each "stage, is completed. Please put me on record wherever necessary, regarding my interest and desire to perform. Sincerely yours, 213'x- 42 Street. /S/ L. John Lee 33 COUNTY CLERK AND CLERK L. B. WALLACE; COUNTY CLERK OF THE P. O. BO% B9B SUPERIOR COURT, ORANGE COUNTY PHONE K, -sa„ SANTA ANA, CALIFORNIA August 21, 1961 City of Newport Beach MUNUIL. I Margery Schrouder, City Clerk 3300 West Newport Boulevard plgpq$IT Newport Beach, California �e+� Dear Mrs. Schrouder: Enclosed herewith are two Resolutions Nos. 61 -853 and 61 -854 of the Orange County Board of Supervisors dated August 16, 1961 regarding the extension of time requested by George P. Carver for filing the Plans and Specifications for Newport Towers. Enc . Cc 1 ,96l Pc �' NcCrycRK ry Very truly yours, L.B. WALLACE County Clerk and ex- officio Clerki of the Board of Supervisors of Orange County, California By �G�Deputy Clerk • VU N C" � L le 4i '1 ' I I �r RESOLUTION'OF niE BOARD OF SUPERVISORS OF I ORANGE COUNTY, CALIFORNIA 4 : Vugust 16, 1961 4 On motion of Supervisor Nelson, duly seconded and carried, the S following %seolution was :adopted; 6� I WHEREAS, under the terms and conditions of that certain Lease made 7il and entered into on May 5, 1959, as amended, between the County of Bps Orange, as Lessor, and eo:.ge F. Carver, as Lessee, the Lessee was re� I 9; quired to file with this Board within 120 days after February 28, 1961, ' 104 detailed Plans and Specification for all of the buildings and improve- ments, including landscapingy, requ -..red to be constructed or performed 1211 by the Lessee under the terms =nd -_=:!itiors of the aforesaid Lease, 'j 13 %! WHEREAS, Said Plans and ha ve not been filed or .144 delivered to the Lessor. 1� NOWTO °?PEREFORE, BE IT RESOLVED AND ORDERED that unless aaid George tm i t S. Carver has by August 29, 1961, at ?:00 P.M. cc #lied with the terms g 12i and conditions of the aforesaid Lease, or produced an assignee acceptable IM! to the County of Orange and the City of Newport Beach, who Can comply 191 with the terms and conditions of the Lease, it is the intention of this 201 Board at said time to declare Lessee in default and to give 21 him formal notice thereof. 22 is BE IT FURTHER RESOLVED AND ORDERED that the County Counsel be and 4 b3 he is hereby authorized and directed to prepare and ,submit to this Board i 24'f for its consideration on August 29, 1561, at 3.00 P.M., the appropriate 25 form of Resolution aiad Notice. of Default. �I +3 26 27! AYES- C. M. NELSON, C. M. FEATHERLY AND Ward. HIRSTEIN rye] I! ti NOES- SUPERVISORS WILLIS H. 6:AELNER � 29 !i ?3 ABSENT-. SUPERVISORS WILLIAM J. PHILLIPS 3011 31;3 s! 321, i Resolution No. 61 -554 . r STATE OF CALIFORNIA ) as. COUNTY. OF ORANGE ) I, L. B. WALLACE, County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California, hereby certify that the above.and foregoing Resolution was duly and regularly adopted by the said Board at a regular meeting thereof held on the 16th day of August, 1961, and passed by a majority vote of said members of the Board. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 16th day of August, 1961. L. B. WALLACE County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California c.. By Deputy 9 i Ali 12 14': `+f,S yes P� P'16 �B1 q9 28 29 30 31 32 LESOLLMON OF THE BOARD OF SUPERVISORS OF ORANGE COUNT"I, CALIFORNIA August 16, 1961 On Motion of Stapervisor Warne t, duly seconded and carried, the fallowing Resolution was adopted- '+.AEREAS, by Resolution adopted July 12, 1961,. this Board did con - sent. to the exte:tsiar. of time fur ttie filing of detailed Plans and Specifications by George P. Carver according to the terms and condl- ti.ons wf that cartain base between the County of Orange, as Lessor, and George P. Carver, as Lessee, dated May 5, 1959, for 121 days beyond. June 25, 1961, to Wednesday, October 25, 1961, at 11-700 A.M. subject ao the approval of the City of Newport Beach, €TIEREAS, the City Council of the City of Newport Beach did on July 12; 1961, . and again: on Auzost lea, 1961, disapprove the extension of time proposed to be granted to George P. Carver ry the aforesaid Resolution. of this Board., adopted July 12, 1961, WHIEREA:S by reason of disapprosaal of the City Council of the City of Newport Beach, the extension proposed to be granted by this Board by the aforesaid Resolution, of July 12, 1961, is ineffective, ,'eOTRA VAEREFORE, BE IT RESOLVED .ND ORDERED tlat° said Resolution of July 12, 1961, grating to George P. Carver an extension cf Lime for the filing of detailed Plants and Specifications to Tzednesday, Octobe.;. 25, 1961; it 3.1 -00 A,M. be and the same. is hereby rescinded, AYES SDPERN'ISORS WILLIS H. 'WARNER, C. M WILSON, C. M. FEATHERLY, AND WM. H.IRSTEIN NOES; SUPERVISORS NONE ABSENT: SUPERVISORS WILLIAM J. PHILLIPS Res-olution No. 61-853 a. i I STATE OF CALIFORNIA ) as. 2 COUNTY OF ORANGE �) 3 I, L. B. WALLACE, County Clerk and ex- officio Clerk of the Board 4 of Supervisors of Orange County, California, hereby certify that the 5 above and foregoing Resolution was duly and regularly adodted by the 18 said Board at a regular meeting thereof.held on the 16th day of August, 7 1961, and passed by a unanimous vote of said Board members present. 8 IN WITNESS'WHEREOF, I have hereunto set my hand and seal this 16th . 9 day of August, 1961. 10 11 L. B. WALLACE County Clerk and ex- officio Clerk of 12 the.Board of Supervisors of Orange County, California 13 14 By i �� Z ay .z6 16 e� puty op$ 1 - °r 1g I7 18 19 20 21 22 �3 45 i 26 27 I I 28 t. 29 30 ' 31 32 2. August 15., 1961 Honorable Board of Supervisors County of Orange Court House Santa Ana, California Gentlemen: Attentions Supervisor Claire Nelson The Council of the City of Newport Beach, on August 14, 1961, unanimously adopted the following motion made by Councilman Lorenz: "it was directed that the Board of Supervisors be advised as follows: "1.. The: city Council reaffirms its disapproval -of the July 12 resolution of the Board of Supervisors: in which the ex tension of 120 days to October 25, 1961, was granted. 112. The City Council approves the terms of the duly 25 : resolution of the.Board.of Supervisors setting out the conditions under which an assignment would be favorably considered. "3. Mr. Carver's letter<of'Augguust 2, 1961, to the Board of Su ervisors, being : inconsistent with the Board's.reeolution of July 25, is unsatisfactory and the terms are not acceptable to the City. 4. it is the recommendation of the City Council that the Board of Supervisors take action when the matter is considered on August 16, 1961, . to advioa'Mr. Carver that he must comply with the terms of the ,lease by August 30,. 1961, or produce an acceptable' assignee that can comply with the terms of the lease and, if he has not done, so it would be the intention of the Board of Supervisors to give notice of default at that time." Very.truly yours, Margery Schrouder City Clark' City of Newport Beach MStmv cc: Harbor Manager`Keaneth Sampson CERTIFICATION OF EXCERPT FROM MINUTES OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DATE 14y X COUNCILMEN PRESENT e AtUNOMs CQ0k9 11Ms MISTER IMMI UnTZ ON y _7;W & ITZ ,... f,.. V*S* lie• �ie� � 2 1, 0 fo a s the . oat MY* STATE OF CALIFORNIA SS COUNTY OF ORANGE 13 ra*be C40 obw► so somw %e 40 WVW Oft 10 WSW +mil ,g ot Indow as a I, Margery Schrouder, City Clerk and ex- officio the City Council of the City of Newport Beach, California, certify the foregoing to be a full, true and correct copy minute entry on record in this office. &.Witness Whereof, hereunto set � hand this day of , 19 H 0 �C Clerk of hereby of the and seal Large' ry Sc rou r, City Clerk of the City of Newport Beach, Orange County, California August 119 1961 Tot Councilmen brows I survey IN -10 Subjects Comty Seek Lem* The follswimg items we an do agmads for MmsmAsyts Council mosel"I 10 Copy of resoluelm of the, hoard of supervisors dated July 25, 1961. 2. Copy of a letter dated AuV at 2 1961, free Goemse P. Carver to the Board ok 814"W"Mors I have Some into detail an all the action is the Lot ddxty 41670 the Comty Seek. I have discussed it with Claire Charlie Unto and. the MY AttManyo and it 0 to my recommendation that the attached notice be approved by the City. Counitil Monday alghto It YM have OUY qNSOUGG T*8MTd1Mg tbig I WOdd appreciate it if You *MIA call me Owes: the LZris assume oa City meafter City Attorney City Clark -i HARM," 'V. 'POO A zi rao see" of supoxviews be advised as faMmus 1. The City Cotmil reaffirms its disappmmol of the July 12 vosolutles of the Board of Sveoxvisam Is ublak tk* extension of UO days to 1lctmb-.9 25o 1961. um Sr=*sd6 2. The City com"Ll the term, of the Jody 25 resolution of the Dowd, of *"tl% aft the eoadftiom under which an o"I a gove: 1* S. Mr. Carver's letter of, t 18, 1?610, to aw Dowd of Ompervisors, belM Imaousistima witmh naiad 0 issolution, of Ady 250 to us"tiffigbary and the Deese are not asompublis to the 4, it is the retodatiart of the City COLMLL that the Dowd of a tabo actles wbas the mttw is oemsidered OnAusust 160 Tv"Isit"O"advice Mr, Carver that be must comply wilbs. th the tares of the lease by Augmt 94, 1261 or I as It Amigmes that am somply wUA the terms of tho Isms* and,, if he boa vAt daw so It would- bo dw lutontles of the SOW4 of Superelows to Siva souse of defmdt at dwt time OV r L. B. WALLACE, COUNTY CLERK P. O. BOX 896 • COUNTY CLERK AND CLERK • OF THE SUPERIOR COURT, ORANGE COUNTY SANTA ANA, CALIFORNIA August 7, 1961 PHONE KI 7.8811 Margery Schrouder, City Clerk 3300 W. Newport Blvd. Newport Beach, Calif. Dear Miss Schrouder: I am enclosing a certified copy of Resolution No. 61� -802 adopted by the Orange County Board of Supervisors on Audust 2, 1961. Very truly yours, L. B. WALLACE, County Clerk and ex- officio Clerk of the Board of Supervisors, Orange County, California. By��� -j� Deputy Clerk me Gorge P. Carver 2294 Channel Road Balboa, California August 2, 1961 Board of Supervisors County Court douse Santa Ar.a, California Gentlemen: I received the following telegram from the Corporation Attorney yesterday: '71116 is to confirm that Newport Towers as a California Corporation has been formed." 4k have found the recommendations in the county counsels report to be generally acceptable with the following minor deviations: a. Completely acceptable as previously agreed in writing. b. Completely acceptable. C. A firs, loan commitment cannot be obtained until the lease has been assigned to the Corporation and the approved plans are available. However, the best possible indication of commit- ment will be obtaired and submitted to the Board. d. This is acceptable if the Board will act to approve or dis- appruve aiy request for change within 1^ days of submission. 6. Complec =ly acceptable. It is hoped that this report wets with the approval of the Board of Supervisors, if so we will proceed to make the necessary arrangements and report back to the Board in two weeks. Sincerel /y,, iCworge P. Carver GPC:m1 L. B. WALLACE. COUNTY CLERK P. O. Box E8B • COUNTY CLERK AND CLERK • OF THE SUPERIOR COURT, ORANGE COUNTY SANTA ANA. CALIFORNIA - July 28, 1961 `1 Margery Schrouder, City Clerk City of Newport Beach City Hall 3300 W. Newport Blvd., Newport Beach, California Dear Madam: � <- '? -(0-) PHONE KI 7.3311 'P JUL JZ 19L CITY CIERx CITY OF NEWPORT BEACH tb = 1 l I am enclosing a certified copy of Resolution No. 61 -768 which was adopted by the Board of Supervisors of Orange County, California, on July 25, 1961, per- taining to the proposed assignment of the Lease between the County of Orange and George P. Carver (Newport Towers) and setting the matter.for hearing on August 2, 1961, at 2:00 o'clock P.M.. mka Enc. v ./ �Y 'a Very truly yours, L.B. WALLACE, County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County; California By eeZL` e,6 _ Deputy Clerk 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 W: 15 o» $ 16 z Apo 17 U 18 19 20 21 22 23 26 27 28 29 30 31 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 4= 15 oD =. r ozi $8 17 u 18 19 20 21 22 23 24 25. 26 27 28. 29 30 31 32', CITY OF NEWPORT BEACH CALIFORNIA July. 26, 1%1 ? y: �.. The Honorable ]board of Supervisors* of Orange County oranga County Courthouse Sixth and North Broadway Santa Ana, California Caxitlamen:: _ I understand the. request of Mr. Carver -for an . extension -of time.uader his Lease on the County Dock property will_be.before the Board of Super - visors . again on August 2,1961. The City' Council considered the extension of time at its meeting on July 17 ®.1961, and again at its rig ular meeting on July 24, 1961. At the meeting an July 17, the Council disapproved the 124 -day axtension of time under the contract. At:the meeting of July 24, the Council heard Mr. Carver and then clarified the action takers on July 17. The City Council disappproves.any.blanket extension o£. time to Mr. Carver becauae of the history of long delays and lack of satisfactory performance. However, the City Council does not oppose an exten- sion of time reasonably necesaaryto permit an assignment to a corporation that is.satislactorilyy constituted and meets reasonable standards that the Board may impose and the City Council approve. Time to prepare t e plans that should have been submitted months ago should be kept at an absolute minimum. Strict compliance with the terms of the lease should be raquired.in the future. Very truly yours, Charles B. Hart Mayor Pro Tam of Newport Beach 0. July 26, 1961 r' ✓ 4'�' C.:df r The Honorable Board of Supervisors of Orange County Orange County Courthouse Sixth and North Broadway Santa Ana, California Gentlemen: Pursuant to your request, there is enclosed a copy of an excerpt from the Newport Beach City Council minutes of their meeting of July 24, 1961, concerning the Carver lease. This is a draft of the Council minutes and has not been approved by the City Council. It will be before them for consideration and approval at the regular meeting of August 14, 1961. This, along with the letter by Charles E. Hart, Mayor Pro Tem, I hope will be adequate to state the position of the City in regard to this matter, Very truly yours, Walter W. Charamza WWC :mec City Attorney Encs. cc - City Clerk_.' IF f HARRY ASHTON LAWYER POST 011IOE 80% 1428 NEWPORT BEACN� CALIFORNIA LIBERTY 8 -6818 July 24, 19610 Hon. Mayor and City Council, City of Newport Beach, City Hall, Newport Beach, California. He: George P. Carver County Dock Lease d+entlemen: 1\ L \r COUNCIL: -^ DISPOSITION Due to a mis- understanding my client, Mr. George P. Carver was not aware that the matter of the action of the County Board of Supervisors in extending his time under the lease, was to be considered by your body on July 17th. Consequently neither Mr. Carver or myself felt the necessity of attending this meeting of the Council, and were therefore unable to present our reasons for requesting the delay and to answer any questions you might have. We had also been advised that the matter would probably be on the agenda for the 24th of July. In view of these circumstances I, on behalf of my client respectfully request.that you re- consider your action of the 17th and permit us to advance our arguments Justifying this extention of time, and permit us to answer any questions that you may have. Very sinoerely yams, HA HS Ztorney or� George a P. Carver. y COUNTY CLERK AND CLERK L. B. WALLACE. COUNTY CLERK OF THE P. O. BOX 098 SUPERIOR COURT, ORANGE COUNTY SANTA ANA. CALIFORNIA July 18, 1961 Margery Sohrouder, City Clerk Newport Beach, Calif. Dear Miss Schrouder: I am forwarding herewith two certified copies of a Resolution adopted by the Orange County Board of Supervisors on July 12, 1961. mo PHONE KI 7 -8811 �- I Very truly yours, L. B. WALLACE, County Clerk and ex- officio Clerk of the Board of Supervisors, Orange County, California. By t aq � `Deputy Clerk 901 1� 21 31 al 5 611 I 7 Si 9 16 11 12 13 14; 1 �,. 15 dZz VGV =��tl is ail 00 171 u 131 1911 20 2111 22 23 24 I 25 26 271 281 291 30I 31 3211 � L RESOLUTION OF TI UPERVISORS OF O,; cm, OF NEWPORT BEACH ORANGE COUNTY, CALIFORNIA July 12, 1961 On motion of Supervisor Nelson, duly seconded and carried, the following. Resolution was adopted: RESOLVED that this Board consents to the extension of time for filing detailed plans and specifications according to conditions.of the existing lease between the County of Orange'as lessor and George P. Carver as lessee for one-hu_zdred twenty -one days beyond June 28, 1961 to [,Tednesday, October 25, 1961, at 11:00 A.M., all subject to the approval of the City of Newport Beach. AY::S: SUPERVISORS C. M. N2LSON, `rLLIAM J. PHILLIPS, C. M. FEATHERLY, T,&IILLIS 'r. aF',d' : .'dJ L +I. HIRSTEIN NOES: SUPEPVISORS NO? ABSENT: SUPERVISORS STATE OF CALIFORNL4 COUNTY OF ORANGE I, L. B. W �_: _­ -lerk of the Board of Supervisors of Or�_nge Cou__Cy, CE- lifornia, h.�reby certify that the `:c.ve and foregoing Resolution. was duly and regularly adopted by the said B and at a regular meeting th:r of held 'on the 112th day of July, 1961, and passed by a unarir-_:,uc votC of said Board. IN WITNESS WHEREOF, I have her-,: ,.unto set my hand and seal this 12th day of July, 1961. L. B. WALL_ ?CE �ws rk and cx- offieiU Clerk of the �,A.., "• _.o =. -,'-ci ,,_ .;::•ewisors c Ors.: :� County, Califor t is � -" • i;eputy solution No. -723 61 *uly 14, 1961 10 Mr. J. M. Miller brought seven sets of the attached. documents to my office at about 4:00 P. M. today. He. requested that a set of the documents be forwarded to each.member of the Council. (kA, lv� Excerpt from the Minutes of the adjourned regular Council Meeting held on July 17, 1961: "Correspondence which had been furnished the Council by J. M. Miller, on behalf of George F. Carver, in connection with. the County Dock lease, was presented by Mayor Stoddard. "Mayor Stoddard reported that the Board of Supervisors.had approved the request of Mr. Carver: for a 120 day extension of time under the contract, subject to the approval of the City of Newport Beach. "Based upon the report of the Mayor regarding a hearing held by the Board of Supervisors, it was directed that the Board of Supervisors be notified that the Council feels that no further delay should be granted, due to the fact that no 'good faith' in performance of the contract has been shown to date. "Ben Reddick spoke from the audience. " The motion was made.by Councilman Lorenz, with Councilmen Hart, Lorenz, Kingsley, Atkinson and Stoddard voting yes. Councilmen Somers and Cook were. absent. George P;: Carver #' 2294 Cbannel. Road R' Balboa, California ;. July 11, 1961 0kia"'County Board of Supervisors Ormap County Court Rouse Santa Ana, California Gent 1smen: - Submitted.with this letter are the following data: . 1. Biographical information on J. M. Miller. 2. Biographical information on Allan F. Zalk. 3. Letter from Allan F. Talk describin g the assets of the proposed ' corporation. 4. Letter from Lge G. Marrs of the Mortgage Finance Corporation stating their continued willingness to finance the Newport. Towers Project. 5. A note from the contractor, Mr. Foerstel, of the Foerstel -Neal Company stating their willingness to clean up the property and erect a chain link fence with sign.. 6. A note concerning the bonding capability of the contractor from the Ellis P. Schmidt Agency. 7. A letter from the senior architect, Mr. Lester R. Schwager, as to why the 110 foot height is in the best interests of the County, the City, and the Project. I would like to add to this data the statement that I have neither asked nor expected any relief from my personal liability under the terms of the lease by virtue of the assignment to the corporation. The steps needed to move forward in a constructive manner as I see them are as follows: 1. Approval of my request of February 27, 1961, concerning the assignment { of the lease to the corporation. 2. An ammendment to Page 2,.line 1, of the lease ammendment of February 28, 1961, to read as follows: Unit C- A tower building of a height in accordance with the. City. of Newport Beach building regulations, but in no case to exceed 110 feet plus appurtenances. First floor club and bar, rental area and coffee shop.. 3. A 90 day extension of time be granted for submission of the plans to the County, said extension to become effective from the date that the Charles Bennet Zoning Plan is either adopted or rejected by the City of Newport Beach. Thank you for your consideration of these matters. Sincerely �y�ourrs?,� �* Geor a P. Carver. J. M. MILLER CO. . P. o. BOX 301 BANTA AN" CALIFORNIA July 10, 1961 PNONH KIMBERLYMM 3-1131 BUSINESS AND EXPERIENCE MUM On J. M. MILLER P.O.Box 301' Santa Ana, California Age: 56 years. Resident of California since 1910. Entered the construction business (General Contractor) in Southern California in 1931, with main office at Nswport Beach and branch offices at Santa Ana and Los Angeles. Construction covered housing, rail way stations and commercial buildings in California.and Se ada. Organisation contained finance and design departments to facilitate construction. During World War II, I was engaged in U.S, military construction projects throughout Southern California and the Mid -west. In 1945 I left construction work and entered the field of real estate development. This was centered in Southern California and particularly in Orange County. In connection with real estate development activity I also engaged in real estate financing dealing with banks, insurance companies and savings.and loan associations. Since 1956 I have engaged in the, field of real estate and construction finance exclusively. I have negotiated financing and loans for private enterprise with the following. houses: Metropolitan Life Insurance Company, Prudential Life Insurance Company, The Newport - Balboa Savings and Loan Association, The California Bank, The Bank of America and The Union Bank and Trust Company of Los Angeles. Such financing covered the construction of industrial structures, office buildings, shopping centers and professional buildings; medical centers and motels. I hold heal Estate and Loan Broker's license and . a Securities Brokers license for the State of California. For business references the following are respectfully submitted: Robert F. Maguire, Assistant Vice President, Union Bank, 12140 Victory Blvd., North Hollywood, California. Edgar Hill,, Vice President, California Bank, Newport Beach, Calif. John Lutz, Vice President, Orange County Title Company, Sante Ana, Calif. Robert Sheehan, Vice President, California Federal Savings & Loan Association, Los Angeles, California. aLW � uru AA.:� Rasa. Duluthe AMOS S009 230 1918 Owdrkted� U.C.L. ►� 1938. �► 8e Narrisdo 1939 Tye daugatersa Llada 30.• Jesies IN Resids. 901 S. Bawrlj Oily Los AngelOy Ca1Sfe . Coomgetioa, vim rressdsl sad D:*eetmr of Triowu Steel a Shy Co., vsrasaa Calir. since Jew Iwo$ prier to. Je» 190 we VIM President and In of laib4owpm.coo* Dnlsth► YAm. Steel ►rose Jetirm► yAmbw eta v rm cbmbw or Ca merso VW [iwnis Club 9.91 COSA Owed Reserve U.3. Pews squadron (0uiuth. xim.) Served in U.E. Bav: dswiag W.+'..2 was director of 1- ,terstato tnOnsaring Corpsf Aaahni% Cmlif.v 1'350 - lW4 Outside of Carpoft"m ootivitiosg developed and built rarisaw real estate properties - resideatia4 commercial mud ladesm."I is "bus - ssta. mud CallfWaiao It should be obvious to you that we cannot go any farther than this. It would be a waste of time as well as quite costly taxwise and in a number of other respects for us to effectuate the actual transfer of this property into the Corporation before we know definitely whether or not you,are prepared to go ahead with the company. As soon as we have this .definite word from you the Corporation will be activated and will be prepared to go forward with any financing required to complete the Newport Towers project. I trust that I may.hear from you regarding this matter as soon as possible. a' A LLA -N F. ZALK iF P.C. 00% 50662,VCRN6N \RANCH LOf ANOCLCB 61. CALIFORNIA July 6, 1961 Mr., George P. Carver 2294,Channel Road Newport Beach,_ California Dear Der. Carvers We have not yet heard from you regarding the assignment of your lease with Orange County to our Corporation. As you know we have taken all of the steps that we can to.this point to form this Corporation, Newport Towers, Inc. The name has been approved by the Secretary of State, and our attorney is ready and can complete the balance of the required legal work in a matter of one week; ` however, until the Orange County Board of Supervisors has approved the transfer of your lease to this Corporation we Pelt that there p was no necessity of going any Panther with this legal work. As, you know, you and your associates were to be.substantial stock - " holders in this Corporation, and it was agreed that you were to be president of the Corporation. We concluded that it would be simpler to work through a corporate entity rather than as individuals. We are prepared to put into this Corporation a parcel of land located along the Colorado River,.near Blythe., California. .This land of approximately 2200 acres is fully developed for agricultural pur- poses as well as having over 4 miles of water, frontage. We value this property in excess of $3,000,000 and feel that with this proper- ty in the Corporation that we have a sound and substantial Corpora- tion to move forward in the development of the Newport Towers project. It should be obvious to you that we cannot go any farther than this. It would be a waste of time as well as quite costly taxwise and in a number of other respects for us to effectuate the actual transfer of this property into the Corporation before we know definitely whether or not you,are prepared to go ahead with the company. As soon as we have this .definite word from you the Corporation will be activated and will be prepared to go forward with any financing required to complete the Newport Towers project. I trust that I may.hear from you regarding this matter as soon as possible. 7W.7.. ELL19 Po SCHMIDT INSURANCE AGENCY. - 672 SOUTiI.LA'FAYETTE PARK PLACE ' LOS ANGELES 57, CALIFORNIA .. DUNKIRK, 7-4,777. . July 10, 1961 i+ a S c>or`�. C.IT,N•,,,f, President .. 'alifornia. Corporation \eh'hprt Be.IC';.CaJifornia . ?e: Newport fosers J ':r Mi'. Carvvrt f i i.c to tnl'orm you that.the general contracting firm:of 'eicr: >tel -��eal Company, Inc., 1095 ' 4�ist G1,eell. Street, d na,. California is car.able of 'obtaining a surety er•f o rma: lice bon it covering your project. .. .. 'li'his Surety Lund.wi.11 guarantee faithful performances. pay- .; lent of all ,'.;zlls. and construction,of the project accord in- to a.l.in.� +quid sueci.ficati�ons, all "in accordance with condi.ti.ons of pren:,ared by County of Orange. Very., truly.your•s, f, :.� LL1, CiAI34C i; i a+' eLt #T 611 N fFCNWA0 &A409il4CT 2 8 1 3 n a w p o i f b u u l e r'tt t .ln �" p'e ✓r T. ,b n R a� d+i+e i•,p �:`'# 8- ZB'D S Y i JULY 11, - 1961 - - ViR. CEORGE P. CARVER 2294 CHANNEL ROAD - - BALBOA,.CGALIFORNJA- O.E Aft AS PER YOUR REQUEST, -.1 AM 3 U MMA R 121 N G MY- 'OPIN'I ONS REGARDING THE'. DESIRABILITY - OF MAINTAINING THE.; - -1101 HEIGHT Of THE, NEWPORT- TOWERS STRUCTURE 'VERSUS:. LOWERING. THE H_; IGMT TO .AS YOU KNOW, PRI.OR TO BENNET#$ STUDY AND .REPORT TO THE CITY OF NEWPORT. BEACH' AND THE u`V95EQUENT- RECOMMENDATIONS OF THE - `PLANNING 'C CUM 85 I ON, '4 N.ARS I.TRARY HEIGHT OF 851 WAS ESTABLISHED AS A LI- MI'T -. THE:. PL ANN I. NG. C OMM I SSI. ON' NOW FEELS' THAT LAND BVLK.,C- ONTROL WITH NO HEIGHT - LIMIT -WOULD SER.VE,AS A -'B U. I T -1 N.'CHECK TO THE' - INDISCRIMINATE. ,ERECTION O:F':TAL4 SUI'LDI NGS.AND.WOULD PE:R M;I:T THE FREEDOM OF LOGICAL ARCHITECTURAL DEVELOPMENT OF. PROPERTY..- - - - THE ORANGE. COUNTY DOCK PROPERTY 18 NOW ZONED, C -2+ -WHICH WOULD PERMIT THE CON- -- STRVCTION OF A SUILDING:.WITH NO HEIGHT LIMIT AS LONG AS THE BUILDI -NG AREA - - CONFORMED TO THE BULK, CONTROL FORMULA WHICH IS -F I'VE TIMES-THE BUILDABLE BUILDABLE AREA - OF.THE.SITE. THE BUILDABLE AREA OF - -THE ORANGE COUNTY DOCK.PROPERTY CONTAINS - 68,112 SQUARE FEET .'AND THE NEWPORT TOWERS :STRUCTURE - CONTAINS A TOTAL`OF 105,000 SQUARE FEET,'- WHICH IS WELL WI.THIN.' THE'' Of M I TS OF THE ,FORMULA. _ T'ti S: INCREAS!_D -GHT WOULD OFFER MAN" ADVANTAGES TO YOURSELF' - AS :WELL -AS TO THE COUNTY OP UPAN G7 AND T,HC CITv0F -NF WP Olt T BEACH. FIRST, 11 WOVLC 'P R 4 1 T - G GREATER FLOOR 70 CEILING HEIGHT WHICH WOULD' PRESENT',A' MORE AESTHETICALLY PLEASING 0E SPACE TO RAOSOECTIVE LESSEES.- IT WOULD GIVE OR'-ATER ATITJDE TO AA •'H. TECTURAL- DESIGN WHICH W.0 UID IN. TURN ENHANCE THE POSSIBI.LI TY. OF- .GP: :ATER RE•iU71i TO ALL.INVOLVED.- IT WOULD PEA671T MORE FLEXIBILITY IN CON_ VERTING FROM ONE USE TO - ANOTHER' IF, - -IN TH.E FUTURE,, IT WAS FOUND THAT A PARTICULAR 13F WAS MOPE IN - DEMAND.', IT WOULD'- AVOID -TO AN EXTENT THE - ROSSI- - _ - BILITY.OF- THE .STRUC :TUBE BEING DWARFED BY. OTHER -TALL BUILDINGS IN .THE ..AREA. THIS IS A VERY REAL POSSIBILITY AND SHOULD BE CONSIDERED AN *NY LONG RANGE PROGNOSTICATION. OF WHAT MIGHT HAPPEN HERE IN THE: .HARBOR AREA -j. THE, VI,EM FROM THE ORANGE COUNTY DOCK: PR:OP£RTY, ORIENTED AS IT IS W 1' TH'�, THE '.FULL PANO.RA' -MA OF Tl'L NEWPORT HARBOR, IS A NATURAL, RESOURCE AND - SHOVL:D. BE FULLY UTILIZED. - THE DEVELOPMENT OF THIS PROJECT IS, IN•.A SENSE, A ;J:OINT VENTURE BETWEEN YOURSELF, THE COUNTY OF. ORANGE AND THE CITY OF NEW P. OR T BFAC H AND SHOULD BE CONSIDERED IN TERMS OF, THE BEST POSSIBLE SOLUTION TO THE' PROBLEM W I THOU T' UNDUE 'EMPHASIS "ON HEIGHT LIM IRS ''AS -lON6 A6IT'IS CONCEDED THA.T.SOVND PRIN - CIPALS OF PLANNING, ARE NO '.T VIOLATED. " 2 8 1 31 n• w'y:o r -I b o u 1• V a. T d, n, a w P o r I b• a.c ro i o I e' 3 MY PERSONAL FEELINGS AS AN 'ARCHITECT. CONCERNING BUILDING HEIGHT .L IM.I TS HAVE EVOLVED NOT ONLY FROM CITY.PLANNINO STUDIES AS.A BASIC . BACKGROUND. FOR ALL TRAINED.ARCHIT£CTS, BUT FROM AN INVOLVEMENT IN THE NATURAL TREND TO HIGH— RISE BUILDINGS IN AN.AREA WHERE THE ONLY DIRECTION T0.90 16 UP. 1 BELIEVE THAT TO ARBITRARILY ESTABLISH BUILDING HEIGHT LIMITS .IB TO. IMPOSE UNNE'CESS'ARY .. RESTRICTIONS ON THE LOGICAL GROWTH OF AN AREA. IF THE UPWARD EXPANSION OF A CITY,I6 PERBUED WITH CAUTION AND AN AWARENESS OF 89UND PLANNING PRINCIPLES, THE VERTICAL DIMENSION WILL GIVE TO THE.CITY A NEW SCALE THAT WILL BE PLEASING AS WELL AS FUNCTIONAL. SINCERELY, SCHWAGER, FERNAL D, BALLEW LESTER H. SCHWAGER ARCHITECT, A.I.A. LHS:DG .. i y L. B. WALLACE, COUNTY CLERK P. O. BOX 898 l it COUNTY CLERK AND CLERK OF THE SUPERIOR COURT, ORANGE COUNTY SANTA ANA, CALIFORNIA March 6, 1961 3 - ✓3 -6r FILE: City of Newport Beach Attln: Margery Schrouder 3300 W. Newport Boulevard Newport Beach, California PHONE K1 7.8811[ J Dear Madam: Enclosed herewith is Resolution No. 61 -218 of the Orange County Board of Supervisors and the Amendment to the Lease between the County of Orange as Lessor and George P. Carver as Lessee. V Pc• �r Enc. �• c51r.p ;$ ry c, rvy � Very truly yours, L.B. WALLACE County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California By v Deputy Clerk FFCFiI��Q 7 J6i CITY CLERK CITY OF NEWPORT BEACH 2 3 4 5 6 7 8 s 10 ZZ 12 13 14 J ,Z2 Z5 o 16 D ozi o0 17 U 18 19 20 21 22 23 24 25 28 27 28 29 30 31 32 .., 0 -1 j MUM C Yt CALVOMM x NEWYO &7 BEACH February 28, MI on motion of It Wiser 11e190a14 daily s tialtdt tollOwint, 20841utleaoa wto adapted: RXIMM that the ComatF.of Ormage ester Into affi Asieudimmiat to Lease aneadIP4 Harags+4ph If of that certain Loa" sit" and aatersd into by sad betwosaa the Comaty of OrmjW as Lesser and GoOrde . Garver as lassoes dated May 8, 19390 4Aioh to ksis+s was submitted to this Bawd of Supervisors on Yak 8, 1961. BE IT FURTMM RESOLVED that the Chairmen of this Board of visors be and he Is. hereby authorised and direated to mmoute said Amendment to Lease and the Clerk of this board ip hazaby:a r m;44 and directed to attest the same. AY9S1 SUPWISM C. M, BWOM WILLIS B, WhRM C. X. PUTH==# pp//��pppp @�,}p� .® it�iL IAM J, AIMIP.S AND riffs, FAIRIii NVa9.7i .p1�V�}i,.ya��4YpIWS/V�RS itt1/Rlw STATE OF CALITMIA )) sao Comm or ORANGE 11, L. B. M& ACID County Clerk and es- offiaia Clerk of the Noard of Supervisors of Ovate County, California, hereby certify that the above and foregoing ae olvtiou was duly amt regularly adapted by the said Board at a regular >.serti>tg thereof hold an the 28th day of rebruiryt 1961,1 nand pass" by a mamnimo s vote of said Hoard. is zmms W=WV I have beraeunto am IF imad and soil this 280 ally of February, 1961. Cowaty Clerk and aw�io Clerk of trio td of lh�ees"a►iso�es loll` e Caamaaty, California Resolution No. 61 -218 Deputy 11 2 3 4 5 6 7 s 9 10 11 12 13 14 15 0:8 -U 16 ¢fid y 0 Dz 00 17 U 1s 19 20 21 22 23 24 25 26 27 28 29 30 31 32 THIS AST made and entered late this .X day of 1961, betwaen, the COMM (W GRAM , a political. . subs division of the grate of California, hereinafter referred to.as., "ISSSWI0 and G&WWE F. CARVER hersix4fter referred to as "18SSEr W i.T M 1'S S 1 T Ha IT 16 AMXED tint Paragraph II: of that certain Lease made and entered into by and between the parties boreto oa the 5th day of May, 1959, be amended as follows: LISSEE covenants and agrees Ahat.it will, at its sole cost Gaud wipsn a and within the .time and in the mower hereafter set forth, con- . struct the following improvements: 1. Construct a bulkhead from the east line of the subject prop- arty to the went end of the cut -off gall, wsterly of the State Highway bridge in accordance with plans and specifications therefor.acted.by the Hoard of Supervisors and am on file in the of #lee cE the ,County Clark. Said work to be commenced within 120 days and shall be dilLgeatl; prosecuted to completion. L$SS11 to construct,equip and operate or cause to be comotructed, equipped sad operated the.following improvesiAmts. 1. trait A » A 5 -sta ry Motel HuildImS,.co.asisting of, S motal reams. per flo#r with a total of roomis. unit H - A 5 -story )Wtel Rui.ldiug' consisting of. 5 metal rooms per floor with a total of 25 rooms: 2. Sas,�,pa►ted Cost $ 17111220.00 171,220.00 s 1 2.. Unit.0 • An 85 -foot Taaex AULIMM16 First OIL .811,:Y0000 floor, .Club and Barr, rea area 2 mad fee Step. 3 Second and Thiird floors: -S offices psr floor, A total it iC prnfessleeatl ¢ efffoets. 5 Fourth x1oax,thrmAgh.sext to top flour . floor* _. To floor har sad.. 7 .. sp Arssestaurant, 8 1 Glass el.vatar. s 3. Unit D "First 202,6",09. j1� a Sesad floor 7 10 " aces. j 4. Brat Slips Aulk'haad 1160308.6Q. °. 11 S, around a rrs►ssts 133,8BS.t .. 12 parking tarrssoat i gromd leaol) 13. ' WSW - Yatits, Decks, otc, 14 "b TOW $2.bg4,928.0E►` ::. o 15 �U08 16 SS I&M +psi cF # ... `sz= 17 1. Volt A: " A story Notal Building aoww"tisB of .3 motel Z%KMs per ` flow With Is 18 total of 23 roans . = is Vait B " A S -story Kotal Building consis. tiag of 5 imatel robots per floor vith:s total Of 25 ro®ms.< 20 21 2. Unit C - An 85 -foot '£or�sr Du1ldiXa$ - pi�rst $Z,.i9Q floor.Club and Dot, raata .'area and Coffsa 22 23 Second and 11►ird $loorst 5.o..fliaes or floor, a atai of i ®,proiesafeoal i 24 Offices. 25 fourth floor fly S wpastssssts. Par.::lieer...:.: 28 .. ?op.floert Dar. and . 27 ..Rostaerant, Alasambly Ares. Blass elevator. 28 3. Unit D » A 2�-stom build .. rust flows " 7 stores.. secornd nor - 7 offices.. 29 Total 2 776r56✓ VO` 30 31 32 I 1 2 3 4 5 6 7 8 s 10 11 „12 13 14 6> 15 ,:Z' OQ.D. Zo 16 o :: po 17 v 18 19 20 21 22 23 24 25 26 271 28 29 30 31 3211 Said furnishings, equipment and description of the busine" to be can- ducted are more specifically described on plane as submitted by Lam, which plans are now an file in the office of the County Clark of Orange county and by this reference made a part of this Lease. USSEE agrees to 4Ai Ci the. construction of the improvements,, other than the construction of the bulkhead, within 60 days from'. and after ths;appwa"l.of the detailed plans and specifications by LESSOR. 2. Peta Aja __4 Plana a:s4 Spa�g,�,i�icatiops. The L WAM covenants and agrees that within 12_ days after the execution sf this Amend- meet to ieesa, it will, at its.own expense, prepare or cause to be prepared, avid delivered to the LESSOR detailed plans coed specifications for all of the buildings and improvements, including landscaping, herein required to be constructed or performed by the LEA,. Before commence- mant of construction or .performance of the work, the detailed plans and specifications must be approved by the LESSOR. 3. Strict Ceeaaliance with flans and 3eificstiona. All of said buildings and improvements, including landscaping, Shall be coa- strutted,-equipper and performed in strict accordance with the,detailed plans and specifications approved by LESSM, and within the time here - inbefore specified. if the LESSEE be delayed in the construction and coapletion of said buildings and improvementa by acts of God, strikes or other causes beyond the control of the LESSEE, the time for comple- tion shall be extended by the length of such delay or delays. Said buildtass, improvements and landscaping shall be con- atructed and performed is compliance with the applicable laws, ordi- nances, ,rules and regulations of the State of Califernia, County of Orange, and City of gewpert Beach and.other lawful authority havift jurisdiction. 4. Imlammt I Victor, LESSEE agrees to employ at its expense a qualified inspector whose qualifications are satisfactory to the Superintendent of Building and Safaety, +county of Orange, and the 3. 1 2 31I 4 5 6 7 8 9 11 12 13 14 ii 15 o» so 16 Aso 17 18 19 201 22 23 24 25 26 27 28 29 30 31 32 4. '> c:1Ui�C L MINUTES OF THE BOARD OF SUPERVISORS ! 3 OF, ORANGE COUNTY, CALIFORNIA !i February 28, 1961 q , . f„itiCl "meeting of the Board of Supervisors of orange County, California, was held b' "* ``i1��'�t at 9:50 A.M.. The following named members being present: Wm: Hirstein, Chairman Q M. Featherly, Willis H. Warner, William J. Phillips, C. M. Nelson and the - Clerk. IN RZI REQUEST ASgMNXW OF LEASE OWFO a P. CARER (NOPOR2 Towns) On lotion of Supervisor +darner, duly seconded and unmimusly oarried,:the regaest of George P. Carver, dated February 27, 1961, for an assignment of the leiase dated May j, 1959s bOt the County of Orange and George P. Carver, to a CaliforrdA adrporatien knew as Newport Towers., is ordered referred to the County Couaasel for study and reconaftidation to the Board of Supervisors. STATE OF CALHORMA Comb of Orange j} a 1, L. B. WALLACE, County Clerk and e:- officio Clerk of the Board of Supervisors of Orange County, California, hereby certify the foregoing to be 'a full, true and correct copy of the minute entry on record in this office. . IN WITNESS WEMZWF, I have bererma net my hand and aeal tms�28th /� ru pt FeD&M t 1961. ..r ✓� %!tea- f?o...c -e_.. L. B. WALLACE ,ey s. County Clerk and ex -officio Clerk of the Board of Supervisors of Orange,County, Californla COUNTY CLERK AND CLERK L. S. WALLACE, COUNTY CLERK OF THE P. O. BOX 83B SUPERIOR COURT, ORANGE COUNTY SANTA ANA, CALIFORNIA February 16, 1961 City of Newport Beach 3300 W. Newport Blvd. Newport Beach, California Dear Madam: PHONE KI 7 -8811 S _ c, -:- rttax Cry OF NEWPGRT BEACH Enclosed herewith is Resolution No. 61 -139 of the Orange County Board of Supervisors dated February 7, 1961, approv- ing the proposed amendment to the lease,between the County of Orange and George P. Carver, subject to the approval of the City of Newport Beach. Very truly yours, L. B. WALLACE County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County California By 4bw!., — / Deputy Clerk ii Enc. 2 or 15 px! t., stomil di PIMS mdi Ifs4atiow to tus s md tbkt the Nzz 0:0. 8.16 ° Upro"Waft W be 4l Mttfttod Ab&U be not tAjo* tbft �t 0 17 �? i Af. tit g1{ttwaw cost tba=oot alb. W 0 'Au * to, 18 I"Set all 1Rt to . the vvmval of tho a:Y o. o s SUMM DRS mug 21 A � ammvmn. WUSAM .i. INILLM 22 . $T`AS W, CALMMU.. , 23 24 Gomm w tip II I 2 3i 41 5 6 7 8 9 10 11 121 131 141 °zL 15 DD °08 "0 16 dzn Oo0 17 U 181 191 201 AiiNUDWW TO 1'iiis Amman ame and entered into this , day of . 1961, bet mmft tine CQWM OF GRAi , a political sub - division of the State .of Catlifox"A. hereinafter referred tqe +� "MSSi'st ", and MUM P. CARM, hereiaaft *r referred to as. "USSW. W ITM2;SBATkit IT 1S AIIBi3 that Paragraph ii of that certain Los" wade and entered into by and between the parties bersto an the Sth dry of iday, 1959, be amended as f*IL rs: 3i �4i�pNl2f6� 'Y„ +� Gil+iS'�E LIMIKE its and agrees that it will, at its sole cost and and Within the tun and in the m"Wer bareaftet set forth, con- struct the following, improwe"Utsa 1. Codnstruet a bWkbesd frase the Seat line of thk subject prop - arty to tkA west and of the cut-off well westerly of the .State highway bridge in accordance with plans and specifications therefor adopted by the Board of Supervisor$ "d now an file in the office d the Covaty . 21. Clark. Said want to be cow within 120 days and shall be diligentl 22 prosecuted to completion. 23 LLSM to construct *quip and operate or cause to be censtruat*d 24 *Vg"" and *pWated the following IAVVOVMMMptii 25 26 �ar 27 jlstie�stad. Erb 28 1. emit A - A S-st"y motel Building consisting, S 171,220.00 2s of 5 motel rooms per flow with a total of 25 room. 30 Unit b - A 5 -stony hotel Suj.ldiag consisting of 171,220.00 31 5 imtel row's per floor with a total of 25 rooms. 32 1. 2 3 4 5 6 7 8 9 10 11 12 13 14 �C 15 `zz 000 ao 16 4 e $0 17 U ' 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ,$, Wit C - Att11il, at 'fir WALldift First il,lp;l,a0f�.tki ++w C LT. Z . sres, mad Coffee 8bwp. _a" Third floors � 0�fises a tatal of 16 "pro"O"anal. fourth flown tkww 42 Ninth flaeos: apes is per floor for a toil. *9 30 aeparts. Tenth flow 1, Ptestawant., C and Assembly AT". 1 Glass flovotor. 3. ilnit - A a$ tilry buildf ag 102,60a 8irst floor - 7 stores.. $aacend flows - 7 offices. 4. Boat blips & D%dkh"d 130,306.E 5, tired ws 193, 895.00 Forking (basement #► womad lewl3 Walks - Patio, Docks, etc. Total 93!(ilQ,9ai.ib 1. Unit A • A $ -story Hotel ftildU*, snnsi,atif Of 32,500.00 5 motel roamer por flow with a tOCA of 15 roams. Wait B - A 5 -story motel WAilding consiating of 24,500.00 55 am"I seams ' floor with a teal of 25 room*. a. unit C - A 10-8 Tower f~ri.lding, Hirst floor 31,,$40.90 clab andBar, rental area as, d Coffee Map., Becoad sad Muxd floors; 5 offices p�pc floor, a total of l0 profosal offices. Fourth flow thTOw it t�► floor: 5 spart - seats per floor f+ar �► tota►i e�E 3fl apa�rtaeeats. Tenth, flows. B,oftaarer►t, Bsr aged Assembly Area. l 61ass elaarstor. 3. Vait 01 - A 2 - story buildiMA. first floor - 7 stozoa. Second floor - 7 offiofs. Total $2077e05dia400 2.. 3. 1 Said furn4shimps aiquipmr�imat, and description Of the busiaese to be am- 2 dmaocted are mmmare specifically described on plans as submitted by LUM O 3 which plans are now an file is the .office of the Gwnty. Clark of m .4 County and by this reference mode at part of this Lease. 5 LESMS awe" to commonce tine construction of t&@ Imp rcvemats, 6 abler Chant the construction of Om bulkheads within tf ° dam framee 7 said after the syPre I of the detailed plane and specifications by 8 LBSSM. 9 2. aaatd sec; fgeatt %e. The LBSM 4@V is 10 and agses that W tMn !y 0_ days after the execution of this Amad- 11 =mt to Losses it gills at its moan egos prepare err cause to be 12 prepared, and delivered to the LUStSt detailed plans and specificattoos 13 for all of the buildings and improvemieats, faeludi tg loodscaepieSs herein 14 required to be constructed or performed by for US=. Deform - u� it 15 aiemRt of asanetsvctiasa: or performance of tit's ta�marks the detailed plamma<s and coo'o UU m oz. 16 .' specifications not be approved by the LUSM. a:. .00 17 3. #SKJ" Sgopl"M MU& JIM md, &MUAMLAMA All of V 18 said. buildiAp and i #as, includfiim& loodsompings, *hall be nett- 19 structeds..guipped and performed :in strict accordance with the detail" 20 plans and speeifiestiens approved by LSSSM0 end within the times bare - 21 immtbefors specified. If the LSE be daelayewd is that construction. and 22 cagpietion of said buildings and is by acts of hods strikes 23 or other uses bayend. the control. of Cane !�, the time for cagp1s- 24 tiop e"11 be Onanded by the lemegth of such delay or delays. 25 Said boil d$s tmat►rovaeamnts and laetdoeapift aha►.i.l be am- 26 structed and performed in compLimuce ' with the lieable lawn orda- app s 27 n4mcoo, rules and regulaetifts. of tbe State of Califearam"s County my of 28 Cramps and, City of Newport . ieaoh and outer lawful Authority haav*imaig 29 jurisdiction. 30 9 - - 4. . -, agrees to eattloy at ims. 31 e a qualified inspector whose qualifications are Oatistact@ry to 32 the smalasrixttondemat of #hail diiag aRUI siafBtT, County of f3range, and the 3. M 2 3 4 5 e 7 1 Director, of Oil ad #afetyl City of Nowport Sasebo vhs grill nUst- tats on-site inspection A%Wixkg the iorl" of toostmru ction sad irdia► report fty doviaticmn Prow the plans end specileWotiea# am sppliosiao laws to. the L or any aa>tbosity wwivs jurrisactianan, S. eractiami Emu. L8S►M at ,Mnt# : and brat the uteotl evato,of the builduws 1"Provemots so& 140""Flift baoftin required to be coa #trusted mad perforaod by the Lads Null be not I*" thmAtbe estimated tbs"Ofa exaludU% .asehit*ct too angLueer • , Inspector or att«oraey I# tow or any other coati tmatt Involved in the A direct cowtVinti#a +mat powformace of Work hot*" required, &%dwtt with its kid. %ed3atel7 WM eaVlnt =our Lam` slbal2 ffttai" LKSM., as ite"Xod a`tatemost of the actml cesta of construction of all build- it ys, "Wrav s M%d laand#+c Plag work bowels required of th# loo ilne erat#areat *bail: be subscribed end swore to by as eutbarlmd oflLcer, � etw Lam. d• it AMM ftwwx M MUM. All buildimpt Uvrov"outs and fixtures sx�lusiive of ,trade lux It u esr cosstaruat" or placed ups the tsstwnd promises by =ate upon cowplotien b# . fm anal :cleft of ALI Uji tst claim -or IiabLLLty for labor at I sworial. ud #ball becows the property, att tho ood"aw at, time "Wirs►tiaa of this, Lose as SOMMOV t yo"ati"LIM thersoc W OLd►lW a p*Uti*&L d vision of . tin t+tto at. califo rsiae sy is Noft4 of s . LSWAR L. A. WAU ACZ =C,oautlr �Claatk � +Nt.�atfie:te Itt a# said met#trat of Super- visors by Deputy . -w,- -- o n CERTIFICATIRN OF E)CCERPT FROM IRAFS RfIMME Ss O IMP F E CITY C01rNCIl. OF tHE:CITY OF NEWORT BE4CH DATE_ February .,14, 1963. COLT. cJIMBN PRESPNt Kin slew Atkinson nnk, c 9dr! r i w -r ute_a y COUNCILMN AB'SEiPT Nave EXCERY c 'An Excerpt from the Minutes of thw Eojr4 of Supe. visors of a meeting held F ^brevey 1, 19t , staring that the or )° posed ameodmenc to the lease 'between the County A 0T&PP,e and, aeorge P.. Carve-, Newport, Towers, t,r the Oro,nre 41ea,r� ° "1 dock pr -operty, is taken under submission to FebrTiary +, 1961, at 2 :00 P.X. Servicing of the Noz,tee of Default is deferred until Fdbruary 7, 1961.` Said Fxcerpt was ordered filed. (Notion Councilman Somers, unanimously carried.) "A letter was presented addressed to the 'Icy Ctcrk fr,T the County Counsel's Office e--' -stno, a 4 p of a pr�apisee Amendment to the lease Metwee" Coa:1v of Ota,je and George P. Carver', covering tt.e "c;nty lv k property, stat;,,q that the board of Supervisors at a xeeclans, on Fetruary %. approved the proposed amendment, r> hlec c, to the approval by the Council of the CiLy of Newport Bea -h. A diseisslor was had. Councilman Lar>ent pnirrtrd out chat approval of the 'Lrendment might . be construed to he approval of a [en -story building even thuuah the hefgh. l.imis, stipulated 1 ii 'the Use Ptirmit previously granted was si feet, aid he was theref:)rc apposed to the proposed ""dnrnr, •Lr, ,eorge V. Carver, iessce,€ar. Lester H. Schwager„ sr,_hlte..t, and R Az Glenn of 'tho luilding Department spzxe from c" audicnn.;e "Subject Arendment was apprave^, °ondita,,nei that all reference to a ten -floor 'ovcr bu,tdln be ahans;ca. to an hS £cot high cover building and that all Lr,.Fuoge ",c deleted which may, consttue to oath z Je a i',. ,i lding 't4i,+ +her thug 95 feet (Motion Ca."tei: man i n" ear, ur inimausIv carrieJ l STATE Of CALYFOSKIA ). MUM OF OH1t1Gi1 1, Margery Sehroudar, City Cleric and ex- officio Clerk of the City Council of the City of Newport leach, California, hereby certify the foregoing to be a full, true and cor -rot!r copy of the t^rnf, minute entry on record In this office. In 01 -tnes■ Whereof, I have hereunto set my. hand and seal this _l'th .. day a:£ _ FenraarY —' .Gr —%ery c roudjr, ty er oi� the City of Newport leach, Orange county, California r] CITY OF NEWPORT BEACH CITY ATTORNEY DERARTMENT To: City Clerk From: City Attorney PJ February 16, 1961 Subject: Proposed amendment to County Dock lease Transmitted herewith are the original and one copy of a proposed redraft of page 2 of the proposed amendment submitted to the City by Orange County. In this proposed redraft, we have removed all reference to a ten - story building and all language from which it could be inferred that a building higher.than 85 feet is being contemplated. It is suggested that this page may be suitable as a substitute for page 2 in the proposed amendment as transmitted to the City. WWC :mec Encs. cc - City Manager Planning Director Director of Public Works Walter W. Charamza City Attorney \ NEWPORT BCACH 2. Estimated Cost 2. Unit C - An 85- foot.Tower Building, First $12811,200.00 floor Club and.Bar. rental area and Coffee Shop. Second and Third floors: 5. offices per floor, a total of 10 professional offices..., Fourth floor through to top . ,next floor: .5 apartments per floor. Top floor: Restaurant, Bar and Assembly Area. z, 1 Glass elevator.: 3. Unit D. - A 2 -story building 202,680.00 First floor - 7 stores. Second floor -.7 offices.' 4. Boat Sl.ips.& Bulkhead 116,308.00 ..5. Ground improvements 193,895.00 Parking (basement & ground level)' Walks; - Patio, Decks, etc. 28;405.00, Sub Total $2,694,928.00 ESTIMATED COST OF FURNITURE & FIXTURES 1. Unit A - A 5 -st6ry Motel 'Building consisting. $ 22,500.00' of 5, motel rooms per floor with a total of 25 rooms. Unit B - A 5- story Motel Building consisting 22,500.00 of 5 motel.`rooms per floor with a total of 25 rooms. 2.• Unit C - An 85 -foot Tower Building, First. .32,840.00 floor Club and Bar, rental area And Coffee Shop. Second and Third.floors: 5 offices per floor., a total of 10.professional offices. Fourth floor through next.to top floor: .5 apartments per floor. Top floor: Restaurant,.Bar. and Assembly Area.. 1,Glass elevator: 3. Unit - A 2 -story building.. First'floor - 7 3,800,00. ,D 1 stores. Second floor - 7 offices. I Total 2,776,568.00 2. STEPHEN K. TAMURA . . COUNTY COUNSEL COUNTY OF ORANGE OFFICE OF THE COUNTY COUNSEL ooty4CIL. [ 808 HALL OF RECORDS SANTA ANA. CALIFORNIA — „ ;�enC1T1ON: PHONE KIMSESLY 7.9311 February 8, 1961 Mrs. Margery Schrouder City Clerk City of Newport Beach City Hall Newport Beach, California Dear Mrs, Schrouder: C -533 ASSISTANTS GEORGE F. HOLDEN ROBERT J. SWITZER ADRIAN KUYPER C. F. GALLOWAY ANGELO J. PALMIERI CLAYTON H. PARKER HAYWARD P. LECRONE JOHN C. SAMPLE. JR. DEPUTIES ALEXANDER BOWIE SEYMOUR S. PIZER f�u�) Cll'{ CLARK i- `t C11-( Of a.. - NEWPUT BEACH. _1 We enclose herewith a copy of a proposed Amendment to the Lease between the County of orange and George P. Carver covering the Dock property. The Board of Supervisors at the meeting of February 7, approved this proposed Amendment subject to the ap- proval thereof by the City Council of the City of Newport Beach. Will you kindly present this to the City Council at your earliest convenience for its consideration. If Very truly yours, STEPHEN K. TAM URA , COUNTY COUNSEL By'Y.� �. George F.OHolden, ASSIStant GFH:ft Enc. 1 2 3 4 5 e 7 8 9 10 11 12 tells MRAMOW made- and mixed Etta this „_ � ,,, -„f_ day of . 131 1y bwtme n tim CQaM Or , a political erg divLzi n *f the state Tt caufamiat hereAMAfterr xslaa>xrod to as Paid6i352W; Oad CE F. 'CANER, heroizatter referred to as, "XXSSW bd' 1, T X 8 SATHi IL j i e rg tit le w agr4h it of that corteia L40" mWe and ant»4tZ'ed J<uw.by and betwon . tba parties tatrat<to an th* 5th day Of Maas, 19YOO be amended as Arml3dwvab 13 14 U:A 4oviman I ts jwA a resRas ihAt it mvL11i Nt its sale cost Obd ,,z: 15 O ac within t Amd is the i dinar `safrL" .:got �ttb, wm- oo 6O$ 18 Struct". the iE4110oviAg ;(,7VISI anwata; ;zo D0 1T t, :°<stimat'ruct a3, bulk frONS tbae A(d t UAC Of, tIM sasbjeCt Prop.. 18 easy to the c u aw of the CuC--aff Wall, Westerly of tkie state Riomay i9 bridga in a4a"daP>w:* v th pl and *pecifteatims therefor adopted by 20 the Soard 69 $u"rvi*ma and *L'1 fLIA In the affi" of the coa inc 21 CLor k. Said work to be *=mum& vita 120 days +mid small be dtllgentl 221 prosecuted tO aoixplot.* . 23 Iusu to carestx=t e"ip and �era" or cowe to be coustructod 241 ,q»s pp" aud operated rbe folloaift to : 25 .28 27 28 29 30 31 32 1l Wit A - A S -acewy Motel: ,fui1 , eamalai ift of 5 wtol r0 .tleaesx with.,& tatal Of 25 room. [wit is A Sa-st ry motel 3"lldIAS 41110 istins Of uatel room per floor with a totaaX of 1,' —JIM P P: 1719220.00 2. Pat C • A 10-story ' owe l ftrat AAA p�� ry' lit. ;FLv8Ll *20G4Q0 floor Club and Bar. 2 reatai area And Cott" sbopl. Second and Third flown; 5 offices ppar floor, a total of 10 professional Fourth floor ttbwwjgh Ninth flows 5 apartments per floors for a� total of '30 p . ." V Tenth flsxr. Restaurant, Behr and ly Area. 1 Guess elevator. 3. .€hAt 0 - A 2- sta►ry balding 2020660.00 first floor 7 store*. Second floor - 7 offices. 4i Boat Slips. fit. Bulkiwad lla�,3�tti.iitl 5. Ground i bra is 193, 595.00 parking emmat & ground level) W l - Pa4a Lov Meeks, ate. 1,00 Sub Total ,: Qe d�Rg�ffiyy.kppt 42 6694 s 928.0 ' 1. Unit A A 5 -otary 'Mote1.16wt.1Qitn$ consisting of 22,304.00 5 Motel roams per floor with a. total of 25 groom.. t A - A 5-story Motel, fui.ldiiag consisting of 22,500.00 5 Motel room per floor with a total of 25 roome. 2. Unit C o A 10 -ssuo Tower Buildings First flavor :32RU0.00 Club and ice, rental aer" and Coffee Shop. 9cond and TI-Oxd floorst 5 offices ]'��W floors yak ii.otal. of 10 �Prog"Olonal VIA4.6". Fear th flow �titATa�tsta Xinth floc h 5 &pa - rUts per tloor :Eases a total of :30 sparta mtas . T*utti . floor Rest*1Ar s nt, Bar and Assembly Areaa. 1 Glass elevator. 3. iftit A A 2 -stexy building. First floor b 7 starves. Secoasd floor 7 offices. 3,680.00 Total $2,776,368.00 2 -. N 1 2 3 4 5 6 7 8 9 10 11 12 13 141 mj 15 o »p U 16 u m azz OZ< $0 17 U 181 Mel t 20 21 22 23 24 25 26 27 28 29 30 31 32 Said fumi:shUtOP aeturtPNMt Sad descr pptlaa of WA tbus1=84 to be 4m. ducted are mod$ opecifically described on plane " kftdtted by LL.3g8, Whi4b }sly are Yww an file AtQt the office at Ow i:omo Clark of araw Camty and by this rdafdsraaamce wmk as Part of thi a Lem". AFA ftmes to the emstt r wtion, of this Uvrovements, other tuba the cd ti Of x be battlbit ly within d ayg fra= siad after the ay rov*l of the detailed platxas sad ec7fftrsat.3O is by !„ ..l3e oiled 'D aB sad aldierwrtwo� The L&SUZ cevenftts mw agrees ta3laG wiinta$b /Z 0, 'loge &ttst the mceecttim OR tbis A id rt to Lease, it will,, l , dat its "n + ,Pry .arc emu" to die.. prepared, and deU, vared ato, cbe iMOR douil,aed plans m specifications ftrx 8,111 Of the buildings spd fmvYacrvdstoarAt:s, i t la uhuz spimso *in required to be construccod or ;wmforn" by the Imsm. fi effty cord=s» went of construct vm or perforasttaca of +t%n work* the detailed .planed. and sp"44cations rat be B�lTaMoved by the Imo. ims AMU"AkLffik, All Of said ld$9mII twit , ntlY be C�! sscs�, aet t"t Q"%pped : $id pwfvtmd in nriat assaacdmas with the ddBrtaatil a8 Plans sp if3saa €1mn8a by I "M# and wtthia>i the tiros - inbefore "Iliad, 112E tk IImz be in the com#'ructioui tatd completion sit eai said bdail.d3att68 dP improve0ents by acts of .ate, strikes or o sees kFeyOiyi the caatsaal of tbm: per, Ow. time for. cycle:.: eia ishalL ba *=emdded by t e Ungth. of such deity or d9@}.+ y . Said ld3ingsP i=PrQvwz't% And Umd0aapiu$ shall-be cma OtTmted and rmformed in CoW with the applicable. lazes., death aftc es, rultai3 aaad rtgul.astl6ns ofthe fits of CAI II etia, GdMty of OMASO, a i.ty of Newport Beagh, .and. of la4ful dsts#.iaority bavaug . . 1ua'is4iyttea2. 4. brmo'+___ gZM Tfl222S.Um' Lag= awe" to aeeploy at its eqpftso a quiaified: ituspiector who" quajj�U aatiauaai ride a 4ti;afdicVWy to thesuperintandmat of Ba-L hang and Safety, Camty of Or"Aa, and the . 1 I Director of Build.WS mod Safety, city mf NOWPmt heat h, Wh* will maiea- 2 take on-alto .ln"ction dialft the period of construction and iaaaaeiateI 3 repent any deviation from the plans said. 09094fic atioaes or applicable'. 4 Uwe to th+a .S or any eutbarity laves waar etdicti�. 5 h (<astae.: l CE,Yir4nants arad aVees that the actual costa of tbol buildingas, JW g watts asaad. lera4scap1m bfiradA 7 re fixed to bo eonstim=t*d. and rfonmed � by the z.IsUS shall ba net lase tasb , aaee' 4ha a t 9 ixu;pactor'1,s or.. a+ttematyos Ues or any pthmm costs .not £mrw ved u tlaa io direct ao trutstior► or performance of work hare0a required, as. submitta 11 With its bid._ 12 lumdie#tely t coWlaetio n, LNsms shall lu raL slh USSOR 18 au i iaed stAfl r of the. Actual casts of canstructim of all build -, 14 ids is*raysmftts.and .laradacalping work harein req"%,iW of the rsIM.. Z€ 15 iaae stsieaa3axt 6ltsi.l be subscribed and sworn tt► by an authorized officer 000 16 oZz of that S". o 0 17 d. a jLOftPW DAMAL Of I ., Ali. "bulldCw ; 18 {.Wxowfin ste aad ,fiat% =ea, nxc Usivae of trsda fixtutes,: crostaructed or 19 placed l� caper+ the l egad promises by aauast, tpeta emplottom.,be Era 20 and clear of ail liems, clam. or liability for labor at material and 21 shah 'becom the property of tba landowner at the eapi,ration of thLs 23 1 Lease or sOMer. t �Etation therI&�of. A MINUTES OF THE BOARD OF SUPERVISORS i1;OP0 : OF ORANGE COUNTY, CALIFORNIA Ppbruary 10 11 inlar meeting of the Board of Supervisors of Orange County, California, was held at 9:50 A.M.. The following named members being present: 117m. Hirstein, haMnan; C. M. Featberly, Willis H. Warner, William J. Phillips, C. M. Nelson and the Clerk. IN FM a PROP(M ANOMMM TO MGM XBVPMT TOW,4r, f 0;;W',GZ Po iiARM) ,On motion of S a rvloor ftnwr t. 40r "AaAl:„%i4ly se "Ieds. the matter of a proposed amendwat to the least dated Sw 5a 1 i p betmen the County of Onwas and Otomp its Carver,, Mwp*rt Toro" t for the Ore 0owAy Cock property, Is town under euba9.sf lon to Ihribruw7 To 1961, at 2100 P.M.. serwimim of 1961. STATE OF CALIFORNIA, se. County of Orange the Ibtloo of De tult iii defftred until i bru*27 To I, L. B. WALLACE, County Clerk and ea- officio Clerk of the Board of Supervisors of Orange County, California, hereby certify the foregoing to be a full, true and correct copy of the minute entry on record in this office. IN WITNESS WHEREOF, I have hereunto set my hand and Br plot day of jlybruv7* i9 ft L. B. WALLACE County Clerk and ex- officio Clerk of the Board of ' °"'- "` Supervisors Orange ange County, California 1 2 3 A 1] 10 lli 12 13' 141 W zi 0 U °tl 16 dau OZ•Fz tl po 17 U 18 19 20 21 22 23 24 25 I 26 27 28 29 30 31 32 fly of the exisstiat, bridge piling *s she on a sketch Witted by the g i"Ger with his art, which emtch it entitled "Revised Bulkhead Location %nstarly of U. S. 22WI , Subject to the In, the maadificatio n by the folliowIvg mien: 1. U. S. a Of Z0&jAGAnr6 2. .City of art Bmmb on the sketch submitted by the an ter Engineer, entitled " Rovissed Bulk- Resolution Wo 60 -1112 VL UN ,7..:, s VMS, immaru s TAEfl� q i1ErAwr 8~1 8 STATE ' OF CA3. rlxxu 4F. a" . lo ... i, ..i.0 t.: VALLACE W+MM4* CiI.*Fk mi3O ef"Yf Owk ! t I! .caP #Kits of Sril t . �a ' 1L a Eby 4% 14.'ont tho 22;j a6awe aad t o RSGO%t K dU17 amd vouldoewoftPiad by i i$ Iba" sand at a v0*4 Yr im it $ tharoof bold on %I*, lift ds�r Oft, so Paso" by o: vote of, ".d bas". U { *u NY " $ A . S soft h6# t set � : ! "is . 00 . 16 Z4 { 1st .91/sIKMltt, 19� .27 .: .. 5..,�r�� 18 shy �,L,�+{s� �,a �, p Clsrk mrofftaU R left tand yof the. l6owd 19 C��3ti'r 21 DOPW 22 23 24 25 26.. 2Z 28 29 30 31 3E f �a L. B. WALLACE. COUNTY CLERK P. O. BOX 836 COUNTY CLERK AND CLERK OF THE SUPERIOR COURT, ORANGE COUNTY PHONE KI 7 -3311 SANTA ANA, CALIFORNIA November 3, 1960 Margery Sohrouder, City Clerk City of Newport Beach 3300 West Newport Boulevard Newport Beach, Calif ornia Dear Miss Sohrouder: ,j SID T1OF1NoWpo B�A� CI I am enclosing a copy of Resolution No. 60 -1092, which was adopted by the Board of Supervisors of Orange County on October 25, 1960, authorizing the return to George P. Carver of the $25,000.00 Cashier's Check which he submitted with his bid for lease of the County Dock Property. JA Eno. Very truly yours, L. B. WALLACE, County Clerk and es- officio Clerk of the Board of Supervisors of Ora a County, California By Deputy Clerk 1 2i 3', 4 5 8 7 8 9 101 I Ll 121 13': 141 w> 15N.t z o» muu u° 18 Oza D, 1711 u 18I 19' 2011 21, 22 23 24 25 28 27 28 29 30 31 32 ' 4C g t. s.,t Yiy.. y. ..,f �. n °Y" I: '•Y,�T �r ok "MV A y UMMMO s . afeh Ida mu nOdX" to Y A of M100*00 +w w WA beaL o. of M100*00 +w w WA beaL o. MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA October 25s 1960 A regular meeting of the Board of Supervisors of Orange County,'Caluornia, was held October 25, 1960, at 9:,30 A.M.. The following named members being pr.°s -nt: C. M. i "eatherly, Chairman; Willis H. Warner, William I. Phillips, Wm. H. Hirstoin, C, M. Nelson and theClork. IN RE; PROPOSED AMENDMENT TO LEASE FOR MODIFICATION IN PLANS NEWPORT TOWERS CARVER On motion of Supervisor Nelson, duly seconded and unanimously carried, the matter of a proposed amendment to the lease dated May 51 1960s between the County of Orange and George P. Carver, for modification in the plans for Newport Towers, is ordered referred to the County Counsel for preparation and processing and present to the Board of Supervisors for approval, STATE OF CALIFORNIA, County of Orange 1, L. B. WALLACE, County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California, hereby certify the foregoing to 6 a full, true and correct copy of the minute entry on record in this office. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 25t day of October, 1960. L. B. WPft:LACE County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California � s 1 COUNTY CLERK AND CLERK L. B. WALLACE, COUNTY CLERK OF THE P. O. BOX 838 SUPERIOR COURT, ORANGE COUNTY SANTA ANA. CALIFORNIA September 23, 1960 City of Newport Beach Margery Schrouder, City Clerk 3300 W. Newport Blvd. Newport Beach, California Dear Mrs. Schrouder: RHONE KI 7.3311 it SIV FD SEP 26'60 CITY GLBaK Aa oq,Y OF E WJ'UjjT BB I am enclosing a certified copy of Resolution No. 60 -957, adopted at a regular meeting of the Board of Supervisors of Orange County, California, on September 20, 1960, regarding a proposed realignment of the concrete bulkhead, being constructed under the terms of that certain Lease dated May 5, 1959:; between the County of Orange and George P. Carver. tjb, 3 C� JV r Jr Y C7 v Very truly yours, L. B. WALLACE, County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California. �puty Clerk 1 2 3 4 5 6 7 8 91 10 11 12) 131 J W 15 mF 2 0 0 a� Yo' 'o 2 , _` 0a 17 0 V' 18 IMi■ 21 23 24 25 26 27 28 29 30 31 32 &&SOLUTION OF xRE 10AF6 Of SUPUVISO S OF ORAW1 C€ U1M# CALIFMIA pstembar' 1960 On motion of Supervisor Nelson duly sseanded and carried, the following Resolution was adopted: Wif am, under the tome of that certain Leas dated FA S.o 1959. between, the County of Orsuge as Lsseer and George P. Carron: as Lewes,. the Lessee covenanted and agreed to construct a 4omrste bulkhead in aeeordauas with the pleats and Specifications therefor adopted by the Board of supervisors and an file in the Office of the County Clark. WHEREAS, the Harbor Ingimeer.has by letter dated September as 19601, addressed to this Boards reeaamatded approval of a reallve"t of the bulkhead wader the state tt40"msy Bridge to a location Immediately southerly of the existing bri4ge piling as share on a skatch submitted by the Engineer with his report,wbich sketch is entitled "kwLsed .Bulkhead Location Westerly of O.S0 2M6 "y subject to the aonaurrenae in the modification by the follovigg agencies 1. U.S. May Corps of Engineers 2. city of Newport Beach 3, State Vivisioss of Rigbea ys . WHEUMS this Board approves said realignment In principle, provided the concurrence of the aSmaiee show amatalched are first obtained. no s, rmaum, BE IT RESOLVd09 Am omm that the Rarbor Manager he need he is ere y authorised and disoot.d tO submL t the prom posed realgnseaett at' osid bulkhead to the abovo. mentioned aSOosies and to report to thin.Board the action taken•by said agasaios. AYES3 SUPERVISORS C. M. NELSON. WILLIS H. WARNER, WILLIAM J.. PHIL,•LI S.; WM. H. HIRST.EIN AND C.M..FEATHERLY NOES; SUFZRVISctS NONE ASSENT: SUPERVISORS NONE Resolution No. 60 -957 1. I STATE OF CALIFORNIA ) ss. 2 COUNTY OF ORANGE ) 3 I, L. B. WALLACE, County Clerk and ex- officio Clerk of the 4 Board of Supervisors of Orange County, California, hereby certify 5 that the above and foregoing Resolution was duly and regularly e adopted by the said Board at a regular meeting thereof held on the q 20th day of September , 1960, and passed by a unanimous vote of 8Ii said Board. 91 IN WITNESS WHEREOF, I have hereunto set my hand and seal this 10 20th day of September , 1960. 11� 121) L. B. WALLACE County Clerk and ex- officio Clerk 13 of the Board of Supervisors of u, Orange County, California W I! < K'z _ 131i B�� .V 8 l0 eput -Yu 'i oFZ �i pu 17 U 18 I 20 21 22 23111 241 25 2n 27 28 2Q �� n 30''I 31 32 I i i !i 2. MINUTES OF THE BOARD OF,SUPER I V SORS: OF ORANGE COUNTY, CALIFORNIA. September 23*-, 1960 Ar lar meeting of the Board of supervisors of orange County, caivernia, was bald Sept" bor 13, UK 19M. AL , at 9:30 A.., The following named members present- C.9. Peatharly, Chairman; Willis R. Wa_n*lrx WA# H. Hirateins the Clerk,;. Absent, William J Phi lips �2 Zl ILL. d t4 N RZ ROOPOSIM ALIOC F AD cI; PPRPMY : X-MMAM RVOIR MC= On, motion of Supervisor Warner, duly second" and Usly carrion by Board, members preen ent,,the.mattOr of the Proposed r0-alignment of the bulkhead uader,the State Highway Eridgo,to a location immediately southerly of 'the wdstift bridge piling at the Comty.Doek property, is orders4reforred to the county, Counsel to prepare a Resolution eencernift the proposed roco nondatioes, oP .them Ilsrbor Manage o mo r :dification to the Bulkhead alignme at, siAbjebt to concurrence by the Army Corps of ftin"roo City of Newport Beach end; State Division of sighways, for PrONGINtatien to the:,Boiid Of Supervisors. STATE OF CALIFORNIA, County of Orange 1, U B. WALI-ACE, County Clerk and ex-officio Clerk of the Board of Supervisors.,of Orange County, California, hereby certify the foregoing to be a full, true and correct copy of the minute entry on record in this office. IN WITNESS V*`H1=0F,, 1, have herenatu set my hand and -seal September, 1960. L. B.: WALLACE ION 0-50 County Clerk.and ex-officio Clerk of the Board.of Supervisors of Orange County, California !A MINUTES OF THE BOARD OF,SUPER I V SORS: OF ORANGE COUNTY, CALIFORNIA. September 23*-, 1960 Ar lar meeting of the Board of supervisors of orange County, caivernia, was bald Sept" bor 13, UK 19M. AL , at 9:30 A.., The following named members present- C.9. Peatharly, Chairman; Willis R. Wa_n*lrx WA# H. Hirateins the Clerk,;. Absent, William J Phi lips �2 Zl ILL. d t4 N RZ ROOPOSIM ALIOC F AD cI; PPRPMY : X-MMAM RVOIR MC= On, motion of Supervisor Warner, duly second" and Usly carrion by Board, members preen ent,,the.mattOr of the Proposed r0-alignment of the bulkhead uader,the State Highway Eridgo,to a location immediately southerly of 'the wdstift bridge piling at the Comty.Doek property, is orders4reforred to the county, Counsel to prepare a Resolution eencernift the proposed roco nondatioes, oP .them Ilsrbor Manage o mo r :dification to the Bulkhead alignme at, siAbjebt to concurrence by the Army Corps of ftin"roo City of Newport Beach end; State Division of sighways, for PrONGINtatien to the:,Boiid Of Supervisors. STATE OF CALIFORNIA, County of Orange 1, U B. WALI-ACE, County Clerk and ex-officio Clerk of the Board of Supervisors.,of Orange County, California, hereby certify the foregoing to be a full, true and correct copy of the minute entry on record in this office. IN WITNESS V*`H1=0F,, 1, have herenatu set my hand and -seal September, 1960. L. B.: WALLACE ION 0-50 County Clerk.and ex-officio Clerk of the Board.of Supervisors of Orange County, California ss L. ®. WALLACE. COUNTY CLERK P. O. EOX 888 vw' COUNTY CLERK AND CLERK OF THE SUPERIOR COURT, ORANGE COUNTY SANTA ANA, CALIFORNIA August 25, 1960 Mrs. Margery Schrouder, City Clerk City of Newport Beach 3300 West Newport Boulevard Newport Beach, California Dear Mrs. Schrouder: 4E�,660 oi,ft eo�,T GITY of N�a I am enclosing a copy of Resolution No. 60 -651, which was adopted by the Board of Supervisors of Orange County on August 17, 1960, disapproving the plans and specifications submitted by George P. Carver for the construction of Newport Towers and instructing the Clerk to give notice of default to Mr. Carver. JA Eno. Very truly yours, L. B. WALLACE, County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California By �cC It t% a -- 7 � Deputy Clerk PHONE KI 7 -9911 1 2 3 4 5 8 7 8 9 10 11 12 13 14 15 p=� e0o 16 PTO Ozt 6 _` 17 po 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION 08 THE BOARD OF SUM VISORS Of ORS =)XTY, CALUORMIA August 17, 1964 4n motion of' supervisor. Nelson, duly seconded and carria4l the following Resolution was asdopteds j Wes, the County of Orange as Lessor entered into a,Leass. with George P. Carver as Lessee on the 5th dap of my, 1954 -, and WHEREAS, said Lease provided that the detailed plans and specifics- tiona for said improvement were to be delivers to Lessor within '210 days after the signing of said Lease, or.Deeeubear 1.,'1939, sod' WHYS, the time for submitting said detailed plans and specifics- tione was on, the first day of December,; 1959,, extended for an additional 180, days from and after December 1,. 1959; and WHEREAS, on .Tune 1, 1960 Lessees .filed. with this .Board of '9Wera visors four (4) sets.of plans. and specifiestions, and WHEREAS, this .Beard braving reviewed said plans and specifications and it appearing frmm said examination that said plans and specifica- tions do not conform to the r+eepiremects of said Lease, HOW2 THEREFORE, BE. IT RESOLVED: 3. That the plane and epescs fieat40". submitted by George P. Carver as Lessee, pursuant to the Lease bereinabom referred tm, be and the same are isareby disapproved; 1. That said Leseos.bea and be is bereby declared to be In default in the peerforaueee of the terms anal condition# of said Las"I 3. That the Clark of this Board of B visava be and he is. ersby directed to.give'notica'of''such default to Mr. George P. Carver, Lasses, C/o Ashton, Drohft and Marchetti, 3345 Swogwrt Boulevard, "art Reecho. California, W"Allif to said i essea notice of default, which notice shall .be' Mibstantially ea follows:; Resolution No. 60 -831 1. 11 21 31 4 6 8 7 8 9 10 11 12� 13 14 W> t 15 W Z p]], 00 °° 18 O o: '=a 0o 17 O. ' U 18 39. 20 21 44, 1 231 241 25 29 30 31 32 I 2. 1 2 3 4 5 I 8', 8 9 10 11 12 13 14 J w� 15PF 2 S 000 eau °„ 18 ozi po 17, U r' j IR 3 Ij 411 5 11 12 13 14 J m'; 15. zz 0 Y '° 16 �. pro Z. p`o 17 u 19 MINUTES OF THE BOARD OF SUPERIORS ' i OF ORANGE COUNTY, CALIFORNIA 1i July 1% 1960 A regular meeting of the Board of Supervisors of Orange County, California, was held July 190 1960 at 9:30 A.M. The following named members being present: C.M. Featherly, Chairman; Willis Ifs Warner, Wm. H, hirstein, C.M. Nelson and the Clerk. Absent: William J. Phillips IN RE: REPORT REVIEW OF PLANS AND SPECIFICATIONS NEWPORT TOWERS SUPERINTENDENT OF BUILDING AND SAFETY On motion of Supervisor Nelson, duly seconded and unanimously carried by Board members present; the report dated July 13, 1960, from the Superintendent of Building and Safety, on the review of the plans arr, specifications submitted by Newport Towers for compliance with the Lease Agreement, is received and ordered filed. The Matter is ordered referred to the County Counsel for an opinion on the legal rights of the County of Orange. STATE OF CALIFORNIA, County of Orange I, L. B. WALLACE, County Clerk and ea- officio Clerk of the Board of Supervisors of Orange County, California, hereby certify the foregoing to be a full, true and correct copy of the minute entry on record in this office. IN WITNESS WHEREOF, 1 have hereunto set my hand and seaL'tbia "]Z day of duly, 196o. �. -- — L. B. WALLACE County Clerk and ex- officio Clerk of the Board of ioac —r q Supervisors of Orange County, California STEPHEN 9. TAMURA WUNTY COUNSEL COUNTY OF ORANGE OFFICE OF THE COUNTY COUNSEL 308 HALL OF RECORDS SANTA ANA, CALIFORNIA PHONE KIMBERLY 7 -3311 June 29, 1960 Honorable Board of Supervisors Court House Santa Ana, California Gentlemen: ASSISTANTS GEORGE F. HOLDEN ROBERT J. SWITZER ADRIAN KUYPER C. F. GALLOWAY ANGELO J. PALMIERI CLAYTON H.PARKER DEPUTY ALEXANDER BOWIE By your minute order of June 10 1960, you referred to this office four sets of plans and specifications of the Newport Towers project for study and report as to whether the plans and specifications comply with the terms of lease. The plans and specifications submitted are the detailed plans and specifications required by the lease to be pre- pared by Leases and submitted to the Board of Supervisors for approval. Paragraph II of the lease required the Lessee to construct certain improvements. We have made a casual examination of the plans and are unable from such examina- tion to determine whether or not all of the required improve- ments are covered by the plans. These plans must be approved by the Board of Supervisors as are other plans for county construction. We therefore recommend that the plans be re- ferred to the Building Department for checking and to deter- mine whether or not the detailed plans conform to the purposes required to be conducted by Lessee which are more specifically described in the proposal of Lessee submitted to the Board and which is now on file with the County Clerk. By the terms of the leas% as amended, the Lessee has ten days after the approval of the detailed plans to file a bond to guarantee the construction of the improvements. The improvements required by the lease are estimated to cost $1,624,960.00 and consist . of the following: Estimated 1. Motel - 36 modern units with Cost approximately 400 sq. ft. each $ 2989800.00 2. Tower Building - consisting of a. Coffee Shop 190 000.00 b. Sky Room Restaurant & Bar r c. 12 Professional Offices 1689400.00 d. 16 Apartments 3899000.00 e. Commercial Area 73,600.00 f. Glass Elevator 609000.00 Honorable Board of Supervisors June 23, 1960 Page 2 3. Commercial Building consists of 5 stores $ 490000.00 4. Boat Slips & Bulkhead 89.420.00 5. Clubhouse consistin of Service Bar (food & drinkl 959360.00 Assembly Hall Pool & Recreation facilities 109000.00 6. Ground Improvements Parking (basement & ground level) 190,260.00 Walks - Patio, Decks, etc. 11.100.00 $106240960.00 Very truly yours, STEPHEN K. TAMURA, COUNTY COUNSEL By eorge F. HnIden, sa s GFH: ft MINUTES OF THE BOARD OF SUPERVISORS 6 13 ^.�.. °. pI5P4�1514N'• OF ORANGE COUNTY, CALIFORNIA o- f7' .Tune 8, 1960 8Q A regular meeting of the Board of Supervisors of Orange County, California, was held June ' , 1960 at 9:30 A.M. The following named members being present: C. M..Featherly, Chairman; Willis He Warner, William J. Phillipsy Wm. H, Hirsteid, C. M, Nelson and the Clerk. I IN RES PROGRESS REPORT CONSTRUCTION OF BULKHEAD CUUNTY : DOCK PROPERTY 02OR03 P. C ARM On motion of Supervisor Nelson, duly .se eonded and unanimously carried, the Progress Rapport from Trautwein Brothers* Contra00"*— ,44te May 25. 1960, (submitted by Kenneth Sampson, Harbor Manager, on constructing the bulkhead at the County Dock property, under the texms of the lease between the County of Orange and G OOrgO Y. Case r* is re4e1ved and ordered fileedi ems•. „- , r^Y p�. STATE OF CALIFORNIA, County of Orange 1, L. B. WALLACE, County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California, hereby certify the foregoing to be a full, true and correct copy of the minute entry on record in this office. IN WITNESS WHEREOF, 1 have hereunto set my hand d a $t day of rime, ig6o L. B. WALLACE County Clerk and ex- officio Clerk of the Board of ,Supervisors of Orange County, California _ MINUTES OF THE BOARD OF SUPERVISORS 0?cw OF ORANGE COUNTY, CALIFORNIA �1 t1il2 1y 1j)60 _ c A regular meeting of the Board of Supervisors of Orange County, California, was held June 1 D 1963 at 9:30 A.M. The following named members being present: C. M. Featherly, Chairman; Willis H. Warner, William J. Phillips, Wm. H. Hirstein, C. M„ Nelson and the Clerk. IN 1 3 WI X A10, SPECIFICATI7 M ITEW71RT TOWERS FAIR COURVY D)CK M OPE iTY CAR17r, On motion of Supervisor Nelson, gulf seconded and unani- mously carried, °our sets of plans and specifications of the Newport Towers project proprssee to be guilt on the County Dock property by George P. Carver under lease dated. May 5s 1959 and amended December 1, 19590 are receives: finis Ordered reterrec to the C(-iunty f:0iknsel to make kA �.tudy and report tc tsl :e roar, d of Supe: vizors on tIZe compliance w th tije terms of Et&j(j STATE OF CALIFORNIA, l sa County of Orange 1, L. B. WALLACE, County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California, hereby certify the foregoing to be a full, true and correct copy of the minute entry on record in this office. IN WITNESS WHEREOF, I have hereunto set my hand and seal this lit day of , jun--, - .1...)66. L. B. WALLACE County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California pox —�rto � �1 NOTICE OF SPECIAL MEETING T0: .TAMES B. STODDARD CHARLES E. HART CLARENCE A. HIGBIE' HARVEY SOMERS J. FRANK ATKINSON HANS J.: LORENZ KENNETH C..KINGSLEY You and each of you will please take notice that a' Special Meeting of.the City Council of the City of Newport Beach has been called 'for :and.will be held on Wednesday, the 7th day of January, 1959,, at.the hour of 8:30 A.M. of said day at the City :Hall of Newport"Beach and in the Council.Chanbers thereof. Said. meeting is called_ and will be held for the purpose of considering.. a Resolution of the Board of Supervisors dated January 2, 1959, stating that the Board proposes to accept the bid of George Carver ..for the lease of County Dock property and to review the other bids submitted. Dated and signed, Newport Beach, California,.this 5th day of January, 1959. yor CONSENT AND WAIVER The undersigned. City Councilmen of the City :of Newport Beach hereby consent to the holding of the meeting mentioned in the within and foregoing notice for the time herein mentioned and at the place herein mentioned, and we do hereby further waive any further notice thereof, and we do hereby ratify and confirm all matters and business whatsoever transacted at said Special Meeting NAMES DATE OF SIGNING FK1UR _v' 11 0 0 Jasze swy 5, 11159 Haaaorabl+e Xavv and City CouneLlimm City of wort bomb California xubject: Orange County Dock t4s o GentisoasraI You hom tman adviaagW that there viii be a 9pecial Maeting of the Counci.l at ik 3O A.M. an Wednesday J Its. TIM rcasern for this ial v ing is than the Ioarcdo *uVdndsars, here asked us to ae}vise thew by 2:00 on m' afteeermoml ocher or not %a approve of their cns+clusi ar that the proposal wibmitted by Geavgg p, cawses, as art Tower slopwnt, is U bast bids I am emelaa3a the folloeritr.: 1. Revolution of `oard of Si4wwvisoraz dated JaMUM::j2v 1959. . 2. Report to komv4 of Smpam isurs of Scott Brobner, dated ;' ember 19. 19516. 30 Report to Bosse! of ftpwvi soars of Joan Williamim, Harbor r4mineer, dated loca boar 291 29560 _- 4o itsparrt to board of sub isevrs of Kenneth Ban mw s bor der, dated r -ecember ii, 1958, ,also, on file i ,, % rciety office am copies of all Was If them are any further details you raamt to Unow about it, I Would su est yoga ask ie to shoe you the file, and please Call me if yc f'imv any addi iopml questions. Yours very truly$ ITS! mo ..,row . Harvey Smers Ch&IZTAM OraanZa Comty Teak Committee :e 59-1 RESOLUTION OF THE BOARD OF SUPERVISORS OF 1 ORANGZ :COUNTI, I CALIFORNIA .. 2 denvary 2,:1959 3 WHEREAS$ by. he, aolntion adopted September ll, 1958s this 4 Board declared its intention to lease certain properties situated in the pity of Newport Beach, County of Orange, State of California, 5 commonly referreU to as .the "Dock Pro perty ",.the description of 6 which is more speclfloally set forth in said Resolution of September 7 ll, 1955. 'WHEREAS , said a ®solution set forth the terms and conditions 8 under which said property would.be: leased, .and the...guaranteed mini- 9 mum rental which would, be required.. :1WHEREA8, said Resolution Sized December 15, 1958 at 10:00 A.M. 10 as the time and date when sealed proposals to lease said property, 11 which have been received, will be publioly. opened, examined and de 12 Glared by this Board, and at which time call for oral bids will be made in accordance with the requirements of the law. 13 WHEREAC, on:Deoember 15, 1.955 at l0:oo A.X., the following 14 proposals were reosived, opened, examined and declared; by this Board: 1. ;Atkins & Wiggine Inc. 15: 2.- Magner Development'Company 16 3. K. W. Boat 8alee, Ina. 17 4. Newport Tower Development The foregoing constituted all of the bids received. 18 WHEREAS, at said time and place, after the bids were opened, 19 examined and declared, call for oral bids was made, and no one 20 having submitted any oral bids, the written bids were .taken, under submission for further examination and..study. 21 WHEREAS, this Board had carefully reviewed each and every- 22 written proposal submitted.to this Board, and having concluded that 23 proposal submitted:by George P. Carver as Newport Tower Development Is the best bid and that its acceptance would be is the best;interew 24 of the County of Orange and`the City of'Newport Beach, and would 25 provide the greatest revenue and benefits.to the County of Orange and the City of Newport Beach., 26 NOW, THEREFORE, be it resolved and ordered that this Board 27 hereby finds and determines that said bid as submitted by George P. Carver as Newport Tower Development is the best bid and that its . 28 acceptance, would be in the best.intereat.of the County of Orange and 29 the City of Newport.Beaoh, and would provide tkw greatest revenue 30 and benefits to the.County of Orange and the City of Newport Beach. Be it further resolved that this Board therefore proposes.to 31 accept:. -said bid from aeorge.P. Carver as Newport Tower.Development, 32 subject.to the approval of the City Council of the City of Newport Beach. 1 COUNTY CLERK AND CLERK L. B. WALLACE. COUNTY CLERK OF THE P. O. BOX 888 SUPERIOR COURT, ORANGE COUNTY SANTA ANA. CALIFORNIA January 5, 1959 City of Newport Beach Margery Schrouder, City Clerk 3300 W. Newport Blvd. Newport Beach, California Dear Mrs. Schrouder: PHONE KI 7.3311 RECEIVE® JAN '59 C(Y'i' Qi:AA CMr*F At H'F�B2'BEdCH I am enclosing a certified copy of a Minute Order dated January 2, 1959, from a regular meeting of the Board of Supervisors of Orange County, California, regarding the proposed lease of Orange County Dock property. Very truly yours, L. B. WALLACE, County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California. M Encl. 4. MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA :.January 2, 1959 An adjourned WHOM meeting of the Board of Supervisors of Orange County,- California, was held January . 2, .1959 at -10:00 RMIN A. M. The.following�nasmd members being present: Willis H. Warner, Chairman; - C. M. Featherly, William J. Phillips. Wm H. Hirstain, _. Ben Reddiek and the Clerk: IN IRE. PROPOSED LEASE ORANGE COUNTY DOCK PROPERTY On motion of Supervisor Reddiek, duly seconded and unanimously carried, the Board of Supervisors signifies its intent of accepting and approving the nature of the reports. of Scott W, Brebnero Administrative Assistant to Supervisor Willis Ha Warner,_ and Kenneth Sampson, harbor Manager, on the four bids submitted for proposed leasing of the.County Dock property. The County Counsel was instructed to prepare the proper resolution of the Board's intent as required under the agreement with the City .of Newport Beach and the lease terms and to make a recommendation to the City of Newport Beach preliminary to a final aeceptance.of, the lease with Newport Towers, with its recommendation that the Board of Supervisors finds the Newport Towers to have presented the best proposal. STATE OF CALIFORNIA County of Orange, 1, L. B. WALLACE, County Clerk and ex- officio Clerk of the' Board of Supervisors of Orange . County, California, hereby certify the foregoing to be a full, true and correct copy of the minute entry on record in this office. IN WITNESS WHEREOF, 1, have horeanto set toy bond ° y "y^j 'is .2nd day of Januarys 1959- .. L. B.. WALLACE County Clerk and ex- officio Clerk of the Board of 3aw 'mss 'Supervisors of Orange County, California To: From: 6 CITY OF NEWPORT $EACH CITY ATTORNEY City Clerk City Attorney n� Date January 6, 1959 Subject: Proposed resolution for the approval of the County's accepting the bid of George P. Carver on the County dock property. Forwarded is a proposed resolution which, if adopted by the City Council, will approve the acceptance of the bid of George P. Carver as Newport Tower Development by the Board of Supervisors. I believe Councilman Somers will want a certified copy of the resolution to present to the Board of Supervisors on Wednesday. Walter W, Charam$a WWC:mec City Attorney Encs. December 31, 1958 The Honorable Board of Supervisors Court House Santa Ana, California Gentlemen: Transmitted herewith is a tabulation and analysis of the bids received for the lease of the County Dock property. it should be -noted that all of the bids received contain Informalitles or irregularities of one sort or another. We have not attempted to make a legal analysis of the significance of these various Items, but assume that prior to making a final award the effect of these informalities will be referred to legal counsel. Assuming that the legal matters referred to above can be adequately re- solved, the analysis indicates that the bid of Newport Towers, submitted by Mr. George Carver, represents the highest development of the property and the maximum guaranteed return to the County. Respectfully submitted, KENNETH SON, Harbor Manager KS:mp See file for Summary of Bids for the Orange County Dock Lease COUNTY CLERK AND CLERK L. B. WALLACE, COUNTY CLERK OF THE P. O, BOx 888 SUPERIOR COURT, ORANGE COUNTY SANTA ANA, CALIFORNIA PHONE KI 7.9911 December 29, 1958 R E C E I V E D DEC 30'58 CITY CLERK Margery Schrouder, City Clerk CITY OANEWP0RTREACH 3390 W. Newport Blvd, Newport Beach, California Dear Mrs. Schrouder: I am enclosing a certified copy of a Minute Order dated December 2,, 1958, from a regular meeting of the Board of Supervisors of Orange County, California, authorizing Kenneth Sampson, Harbor Manager, to negotiate agreements as directed by the Board of Supervisors in regard to proposed lease of Orange County Dock property in Newport Beach. Very truly yours, L. B. WALLACE, County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California JB Encl. 7 December 22, 1958 Mr. Clark of Wagner Development, telephoned on December 22d and stated that the Board of Supervisors had continued the discussion of the bids for the County Dock to December 26th at 10:00 A.M. Mr. Clark, Dunkirk 4 -4211, wants to be informed of the time when the Council will discuss the proposed use of the County Dock property and the bids which have been received. M. S. J. MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA December 23, 1958 A regal" meeting of the Board of Supervisors of Orange County, Calif ornia, was hold December 23, 1956 at 9:30 A. hL The following named members being present: Willis H. Warner, Chairman, 141111am J. Phillips, Wm. H. H.irstein, Ben Reddick and the Clerk. Absent: C.M. Featherly IN RE: HARBOb: MANAGER TO NEGOTIATE AGREEMENTS DOCK PROPERTY NEWPORT BEACH On motion of Supervisor ,eddick, duly seconded and unanimously carried by Board members present, Kenneth Sampson, Harbor Manager, was authorized to negotiate any agreements the Board of Supervisors may direct in regard to proposed lease of Orange County Dock property in Newport Beach. STATE OF CALIFORNIA, County of orange, 1, L. B. WALLACE, County Clerk and ea- officio Clerk of the Board of Supervisors of Orange County, California, hereby certify the foregoing to be a full, true and correct copy of the minute entry on record in this office. IN WITNESS WHEREOF, 1 have hereunto set my hand and seal dal of December, 1958 L. BB. WALLACE County Clerk and ex- officio Clerk of the ..Board of 16M -6 -68 Supervisors of Orange County, California - t 9 December 29, 1958 The Honorable Board of Supervisors Court House Santa Ana, California Gentlemen: Pursuant to your order of December 26, 1958, the Financial statements presented by t_-.e bidders for the lease of the County Dock property have been studied by the imu'ersirnpd. Of the four oriF;irml bidders Atkins & ? ignins of Long Beach was the only one failing to submit the financial information recuested. On the basis of the information supplied by the romsini.n; bidders, all three appear to be financially responsible to a lease of the type contemplated. In evaluating; the financial statements submitted b-; ':ir. Car'vgr and his associates under tote Newport Towers bic., it should be pointed out that the letter of intent com.,ittinf seven individuals to enter into a joint venture to finance and operate the proposed facility is actually signed by only four of the seven parties. The three parties not signing represent over 85% of the combined assets. It is therefore suggested that written evidence be obtained substantiating the partici- pation of air. Metzdorf and Drs. Garter and Friedman in the joint venture referred to in the letter transmittikry, the financial information for Newport Towers, Respectfully submitted, KETT,:ETH SAUSON, Harbor Manager h3� Harbor Engineer a3mm L. B. WALLACE, COUNTY CLERK P. O. BOX e30 0 COUNTY CLERK AND CLERK OF THE SUPERIOR COURT, ORANGE COUNTY SANTA ANA, CALIFORNIA December 23, 1958 City of Newport Beach Margery Sohrouder, City Clerk 3300 W. Newport Blvd. Newport Beach, California Dear Mrs. Schrouder: all PHONE KI 7.8311 I am enclosing two Minute Orders from a regular meeting of the Board of Supervisors of Orange County, California, dated December 22, 1958, Very truly yours, L. B. WALLACE, County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California JB Encl. STATE OF CALIFORNIA, as. County of Orange, 1, L..B.'WALLACE, County Clerk and ea- officio Clerk of the Board of Supervisors of.Orange County, California, hereby certify the foregoing to be a full, true and correct copy of the minute entry on record in this office IN WITNESS WHEREOF,, f have hersunto .get my hand And seal this day day of 'l}@rr+ Vii_.. / C. M. FEATHERLY Santa Ana First District WILLIS H. WARNER, Chairman Huntington Beach Secand Dish — WILLIAM I. PHILLIPS F.Rsnlon Thlyd.,Rishict Honorable County of Courthouse Santa Ana, Gentleman: e Sir OFFICE OF THE BOARD OF SUPERVISORS ROOM 205 — COURTHOUSE SANTA ANA, CALIFORNIA December 19, 1958 Board of Supervisors Or~ California WM. H. HIRSTEIN Orange Fourth District llBrXiYii�YG. L. B. WALLACE, Clerk BEN_REDDICK Newport Beach ,Fifth District OnHanday, December 15, 19580 the bids were opened for the proposed lease of the property owned in portions by this City of Newport Beach and the County of Orange and commonly known as "The Arches." On that date your Honorable Board appointed me to mane an analysis of the four bids received. The analysis is as follows: 1. The first bid opened was submitted by Atkins and Wiggins Inc. of Long Beach. This bid complied with the Resolution calling for bids in so far as suggested minimum rental. The proposal, however, does not contain sufficient preliminary plans or specifications and estimates in such a fora' as to permit an intelligent evaluation of the proposed uses and improvements and the bid contains conditions one of which would require that Article IIV of the lease be eliminated. This Article pertains to the easements, trusts and warranties under which the property is jointly held. 2. The second bid opened was from the Wagner Develop- =mt Company. This bid also offered the same bass in{ni+um rental as provided for in the basolution..The bidder failed to indicate in his bid the size, capacity or expected revenues from any of the proposed improvements. The bidder failed to submit any plans, specif cations or estimates sufficient to permit an intelligent evaluation of the proposed uses and improvements or the revemes to be derived therefrom. 3. The third bid to be opened was submitted by K. W. Boat Sales, Inc. This bid complied with the Resolution in so far as stag the minimum rental. However, the percent- age payments as indicated in the bid do not comply with the Resolution since in the business referred to as Marina Hard- ware Store the percentage is based on a rental to be obtained from subleasing of the building. Mw method of bidding rentals used by the bidder is such that an intelligent evalua- tion of percentage rentals of gross receipts cannot be ._' I App - Honorable BoarAf Supervisors December 19, 1958 Page 2 determined from the proposal. The bid further deviates from the Resolution in that the bidder proposes to locate the bulkhead line in an alternate location which is not consistent with the lease proposal. 4. The fourth bid to be opened was submitted by Newport Tower Development. In this bid, the bidder bid $600.00 per month for the first 36 months of the lease and $2,500.00 per month thereafter during its tenon. This is in excess of the minimum basic rental required by the Reso- lution. The proposal of this bidder does describe the improvements to be constructed, the size and type of con- struction and method of construction, and does state the estimated revenues to be expected based upon purported competent authority. However, this bidder proposed the extension of the deck beyond the lands described in the Resolution and the U. S. Bulkhead line. The proposed ex- tension beyond this line would require a permit from an agency other then the City of Newport Beach or the County of Orange. The figures were calculated on this bid as follows: Base Rental First 36 months $ 219600.00 Remaining term of lease 19395,000.00 Total minimum to be expected by the County of Orange through Base Rental ................... $ 194160600.00 Total estimated by bidder to be expected by the County of Orange through Base Mental plus percentage rental ............. $ 108810600.00 The above stated figures are determined from an analysis of the bid and information submitted by the bidder. I did not deers it necessary to completely check all the estimates of purported competent authority submitted by the bidder in support of his estimates since this bid was the only bid to allow any figures of a satisfactory nature to be calculated. SWB:a Respect ly submitte Scott W. Brabner Administrative Assistant L. B. WALLACE, COUNTY CLERK P. O. BOX BOB 9 0 COUNTY CLERK AND CLERK OF THE SUPERIOR COURT, ORANGE COUNTY SANTA ANA, CALIFORNIA September 12, 1958 City of Newport Beach Margery Schrouder, City Clerk 330 W. Newport Blvd. Newport Beach, California Dear Mrs. Schrouder: �4✓ PHONE KI 7 -8911 IV "I RED';°' "�'° f' C1TYCd :iaYIP� =•i :,1;31:11 2 am enclosing a certified copy of a Resolution dated September 11, 1958, adopted at a regular meeting of the Board of Supervisors of Orange County, pertaining to the lease of certain property situate in the City of Newport Beach. Very truly yours, L. B. WALLACE, County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, Californla JB Encl. 1 to an ift+sss+ection With the adoatoraent mr�ed U. s, sai, Ito , 2 bead Line l brpMO+�n Li.#3. Bulkhead Startioato M►. 128 and 23 eme norkbweateav a"" sold U. s. , 3 Bulkhead Lino ,& distom" of 49.!27 tort seam as leas to the southoastosly comer of Pones its. 3 of that sox+- 4 taro Gamomment doicalb" is dead to the State of 110a- Ala fps the City of Newport Beach soswrd" in seek 5 z drape 64 and dated fktebes t(ficlal i4eca>"ds � swat # panty thesoe sheaatesly 6 s1 tl►a oaetotM of sold last aoiatiar►et 4►as+e fo. Z to an lateaerction with the southeasts"Y Lino 7 of polmel Hoii :1e desaaribed in deed to the state of Callf"Ido txm the Gout or tae * anaes>rded in Beek 6 3Mj Page p0* arid fisted t9tobw i?, 1 "69 Ota"al Afteacds 61Orange Countyl thence► nostheastasly a"" 9 tho ssaatl►eaatasly lino it said Pcsoel W6 I to the seat eaatosly ��cetnos of +said puteli theme OW%kear�ly 4100 10 the caster! Year of said Daseol *Y. 1 to an Messac- ties with Uo southerly lira of that oettain panel of 11 !arid. ""xibed la deod to the State of Calitaku" fats the Canty of om aecosdod in Belk "30 P 0 1 "* 12 Arid dated June 29* 1929* ciffialal iteee7ds #f raregs Countyl thence easterly aseag the southerly line it 13 said seat mamtf y3a 14" to on AktarsectLon with the Wester! y lilac of the ad Lot L* od 14 said Traet No. 4194 thence . S. li #61 35" WO 4800 041 o omety lLne, of sand Lot L* to the point of beginning. 15 16 pascal No* 2 . 17 A ponies GU ISM ottaatod iaa the City of mart Deaths be a portion of Section 28, T•6«S* i4.10.u• a.f*D.ia. 19 '720 Sleek 1`. isrti.no Sabaaatr# ear sd"n on. a 80 rece dad SAM" ; I sa�s f,, (11f asl Res>aarde � 19 maan�a County and gore iaulasrly dskasibed as toit rrs* tsawita 20 A that pasoo of land,% L between the aoulkenty 21 lino of Parcel Nos � as doessibed herein and the J.S. Bulkhoarad Lift betmo n Stations UTA aid 227A ae said 22 U.1. Bulkhead Liters and Stations asps .laid cart sued shame ups, a titled "B"ber Linos* t Day Barber" 23 apprsved y the BfCta^�s�y of the „ F 1!►* grid OR file IA the t�.3. t�4staLat ��ef Ise tom 24 ngelso• Gelfifhersiae and lyir wostssly of tko +rsa esiy Lima of Lot L of Tsa+Et too. 01 * as sbswn ,a cap av 25 aamiied la 14isaollansous Alimp Bash no vagims Uo 32* 33, 34* Official itosss+ds of shearsse CVJR*y* +dal "otnia►. 26 zr Parcel Wool 26 �► aK+Ql of lain itwled in 1e City of tpaar� poach* be a pottitrn of SratloA 3B� T+i•St s•1dW�. S�f.$.Rt. 29 aH71d m0�a pa�sticaslasly described as foliears io ait� - 30 fit"i t aninq a t U tb* .So OuLkho". Station #o* 227A as a U.. suiltheed Lisoo, saki WAtioss are laid out and a 31 upon a titled "Havbov Line; Newpemrt Boy Hesbssr", ed r the Sessetory at ties - Awmv tr� 16* 1951* 32 and on file in the U.S. 14staeiei ;W eats fiae* Los Angeles, California8 thence des early alm* the novth- wastorly pW19""ien of . the t4s. Bulkhead Jrae between 3. .i west. e0ntt44od pan" to . tRo+r�s noxstesrl�r. . of the afttwwoatpo to an Intowsectlea With N as Ari ended to DOok M ,,Mo. x"AAAMP�. mo land out twwt of 87 tests therkeo """SsWay Is a dtsoot lifts to N.S. moo" Stt Hka 227k �StWIT bens v0sw � tttro to V*36 Station NO* 227A* the potat ot b"Lama". 2* Tho teemfe of the la ► Sh011 be for a #d g tAV . so, the date of exowtum t+bes'eet OW o oft June 301 2046 b. The f4ft of louso to be entered. IVA* It "m off f tle In tM offLee of the CAv rAy Cl a* of tho County of QftM#i is Which 90 o Is he #oMde Este tail pf sttevl"%* di Tom► saPetoslf%4 bloder, shl U om*UUgt tt AulkboW frae the "St liar of the subject prop WtY to tho b+eO and of the ",60011 :10811 wrslw eslr of the, at&U hj*Amy ,• said .#wwtswUoa to be fa #UU aide- pl&om# with pis .WW LJUstifte ha Core fisted by ohs board of &Jpeariessn on fUs in the effiae of tM County C&4*k, ek4 shall balwill to tho, t" of %be . bulkhead Moft its eottue leffrth« Tks asap. . eossf ml bi ddetr *1411 :6160 tefftand thmio t* proposed bulidwad ' tbA oxtatino *torn 40"06 adtich ft"A W. thMOVO the p tr. StCh Coss» at*Wtt" to bo In aaeo, a With slid moo. ;and srostfL."tiome o ts+rt by tho board of rsafVtSMS on fut So the offue .of the cow"W ci*$ t of 6x 1 county# The etuassslsl hiddow miust o to use the Property : for Nw. or wAg* se the usos pormiittod by the psstrisiots of Aa t +tle Xe Section 0t$S,:i3. of the *04"Val cods of the City of N%Vwa lloaeh aind *Poo to c 't upon s." x ww a: one V the ftG, sttti itdd 3. 1 by said section of said municipal Code and by Use`Permit No. 431", issued 2 by the City Planning Commission of the City of Newport .Bee►oh on the 3 26th day of May, 19580 A copy-'of said Article X, b6inicipal Code, 4 together with`s copy of said Use Permit, is on; file in the office of 5. the County Clark of the County of Orange to which reference is hereby: 6 made for full particulars. All IA prove meats to be constructed must q comply with all applicable,.laws governing 'construction in the City of 6 Newport Beech. The successful bidden must agree to commence the con- s struction of the bulkhead hereinabove described within 120 calendar day 10 from the execution of the lease and thereafter diligently prosecute to 11 completion together with the backfill hereinabove referred to. The 12 other improvements described 'in the proposal shall be commenced within 13 270 calendar days after the execution of the lease and thereafter 14 diligently. prosecuted to completion. At 15 5." Ali £ixturee and improvements oonatruoted, *rooted and plaaed 16. on said property shall become the property of the owner, of the land O $0 17 upon the termination of the lease. is 6., The bid shall specify a rental based on a percentage of the 19 gross receipts.of any and all eases maintained, established and conduats 20 on said property with a guaranteed minimum monthly•rental commeneing on 21 the first day of the month `next succeeding. the execution of. the lease 22 and payable an the first day o each month thereafter during the term 23 of the lease. Su-4h guaranteed minimum monthly rental shall not be less 24 than 5010.00 per month for a pariod of 36 months and $1,800#00 per month. 25 .,..thereafter fdr.the full term of the 10+s6e6 .: 26' 7. Each bidder shall submit with his bid preliminary plans and 27 specifications of the proposed improvements showing-the uses: intended 28 and the improvements contemplated to be oonstrvcted in sonformi.ty with 29 the requirements hereof and - showing the estimated 'cost thereof :excluding 30 architect's, engineerts, inspscter's.:or . attorney ! s fees or any other 31 costs not involved in the direct construction or performance of the work. 32 proposed. Such plans, specifications and estimates shill be in. suffix cleat form to permit an intelligent .evaluation. of the pro posed: vies,and improvements' and the revenue to be.antidipated,therefrom 4. 1 2 3 4 5 6 7 8 9' 10 11 12 13 14 =z 15 ut)� 16 o oz.� $o 17 18 19 20' 21 22 ' 23 24 25 26 27 28 29 30 31 32 1 2 3 4 5 6 7 8 911 10 11 12 13 14 J 15 oDm 16 o= po 17 u 18 19 20, 21 22 23 24 25 26 27�28 29 . 30 31 32 6. September 17, 1958 Mrs. Mabel L. Casteix Deputy County Clerk County of Orange P. 0. Box 838 Santa Ana, California Dear Mrs. Casteix: In compliance with your request of today, I am enclosing the copy of the resolution adopted by the Board of Supervisors on September 11, 1958, which was sent to my office on or about September 15th, regarding the plans and specifications for the development of County and City properties located in the City of Newport Beach. Very truly yours, Margery Schrouder City Clerk MS: em Enc. The attached resolution has been corrected to conform With the original on file in this office. L. B. WALLACE, County Clerk by dune Alexander, Deputy RmLuriom OF TmH "WARD OF suPERvism, OF OIRANGS COUNTY. CALVORNIA September, 11. 1958 On motion of tuperviser Roddick, duly, seconded and carried, the following Resolution was'adopt*d; RRWLVED that the plans and specifications for the dwalopmont of County and City properties located in the City of Newport Beach cons sisting of e 1. "Adopted Plan of Bulkhead at County WW City Properties. West Turiting Basin, Nowport Bay$ California." 2.. Fore of Lease. 3. Zoning Ordinance, City of Newport Beach* 4, Use Vasiance No. z432 adopted by the City of Newport September 17, 1958 :ors. Mabel L. Casteix Deputy County Clerk County of Orange P. 0. Box 6L 4L, Santa .Ana, California Dear Mrs. Casteix: In compliance with your request of today, I am enclosing the copy of the resolution adopted by the Board of Supervisors on September 11, 1958, which was sent to my office on or about September 15th, regarding the plans and specifications for the development of County and City properties located in the City of Newport Beach. MS: am Enc. ti Jn.' Very truly yours, Margery Schrouder. City Clerk REIMXIAN UP TNS DOARD OF SWEIMS LS OIL ObMM COWMO CALIlOMIA septembae lie 19" ca,mt1An K Overview R6ddlsk. Mir seceded and sasrl6da tMa 9*11941" sev"MU" was adpted$ UNUAD %A the Plans and "itisatiens fox the NveLepo It K Coos" VA City Properties last" LA the City of Nowpert baaak ssno aLdLN Kt 1. "Adapted Plan of sulkhosd at County and City Prperti669 Oast Turning Basin. Newport say. California: IQ 16am of Lease. So Zoning OrdiAwwoo City of Newport Beach. 1• U" variance No. 432 adopted @y the City of Newport bay* asst as 1116 With the County Clerk of the County of grange be and aw seals we beweby approved ad adopted. AYaa SUPONISORS SAN REMICK WILLIAM J. PHILLIPS. C. U. FLOMYa woo H. MBF$fKIM AND WILLIS E. WARNER s 8 WDERVVISCItS NWM AMWl SUPO VISMS M)m _ i ,. ODOM 4 CRAWK t so. U L• be tALLACIS. County Clark ad ox•efficio Clerk K tM send s/ gl+mtases K Ora"a County. Califeralao hereby certify tkat the aMNI W 1oloping Reo6lution was duly and rogularlr adopted by 04 said bead at a apilar moetLq thereof hold on the filth day of iafbara $ lobe Ow P"mm by a mania"• vote of said beard. = CZM= OUR". I kappa bor6wate set my band rid seal this Uo dw K barn mbar. 19th. L. B. wALLMCE Op ky C1art and see -off lei* Claet al t#6 K *4*40vt sox a st • Orisalga County. California Kay 69 3958 Mr. George Lind Plmnning Commission City of Newport Beach, California Dear Biro In accordance with memorandum from Mayor Stoddardq dated April 24, 1958 and approved by the City Council on April 28t 19589 attached hereto is copy of City - County Joint Lease pertaining to County Dock Property. Very fly yd's r Evelyn MoAl.evy Deputy City Clerk U., Attachment • 0 May bi 1958 Mr. Walter LO, r Planning Comma,ssion City of Newport Beacht California Dear Sirs In accordance with memorandum from Mayor Stoddard, dated April 249 1958 and approved by the City Council on April 28, 1958, attached hereto is copy of City - County Joint Lease pertaining to County Dock Property, Very truly yours) Evelyn McAl.evy Deputy City Clerk XMs mb Attachment May 69 1958 Councilmen d. Frank Atkinson City Connell City ,of Newport Beacht California Dear flirt In accordance with memorandum from Mayor Stoddardl dated April 24# 1958 and approved by the City Council on April 28, 1958, attached hereto is copy of City - County Joint Lease pertaining to County Dock Property. Very truly yoursq Evelyn MoAlevy Deputy City Clerk BMssb Attachment 0 0 May 6p 1958 Councilman Charles Be Hart City Council City of Newport Beach, California Dear Sire In accordance with memorandum from Mayor Stoddard/ dated April 241 1958 and approved by the City Council on April 281 19581 attached hereto is copy of City - County Joint Lease pertaining to County Dock Property. Very truly yours/ Evelyn McAlevy Depuiy City Clerk SMssb Attachment may 6r 1958 Couneil'an Harvey Somers City Council City of Newport Beach, California Dear Sir= In accordance with memorandum from mayor Stoddard, dated April 249 1958 and approved by the City Council on April 289 1958, attached hereto Is copy of City - County Joint Lease pertaining to County Dock Property. Very truly yours, Evelyn mcAlevy Deputy City Clerk Mob Attachment OFFICE OF THE MAYOR CITY OF NEWPORT BEACH TO: MEMBERS OF THE COUNCIL FROM: MAYOR JAMES B. STODDARD April 24, 1958 SUBJECT: CITY - COUNTY JOINT LEASE (COUNTY DOCK PROPERTY) The following is submitted for Council approval at the regular Council meeting to be held April 28: With the advice and approval of Mr'. Longmoor in re Planning Commission representation, the following members of the City Council and`Plannng Commission' are designated for service as a Steering Committee for the City- County Joint Lease (County Dock property,.): Harvey Somers, Councilman., Chairman Charles E. Hart, Councilman J. Frank Atkinson, Councilman Walter Longmoor, Planning Commission George Lind, Planning Commission This committee will be active immediately and represent the City in all matters in connection with the leasing of the County Dock area for commercial enterprises. The City Clerk is instructed to supply all members with a copy of the City - County agreement recently ratified by the voters. CC: Heinz Kaiser Ken Sampson City Manager City Attorne City Clerk ✓ Public Works Director Planning Commissioners Planning Assistant 1. 0 A A F...,T SPECIAL IIEMOK, dO11K 11AAR MlttfEC , j., A *octal "sting 01'tl� ntlY+ k►r' i Id "r� aMt 11i<rWr' Owlsslon offl Mambsrs ►rMr�ilt ' 1 lalbn Hirt t 1 Stoddard, ., 1, t6 fplrY Onui+ci�Mn, MtOblir IWO rs AbsOnti 1prbgr Lommissiow , Othjn ►ersurt' tl��d�r, VI Id4i NEt 4or A gar S so +A City vai ic8n Il�rbor ERgiAesr Mptf10, .' : " City Englf*r Webb ' :y :i , Pyrswnt to tits a�lnuta* p"f to% rop Iat rNtfl§'Of tf» Norbor ComIselon, hold October 14, 195%, i splkl�l. vtit of the ;ICI ttllarbl Coaslcaae was I+Fid to •Isruss the )pint l ty 0, C1ty 60A 1pw�l►t` PrOp4rty in. tits vicinity .af Lfrlt county 041 • . A�z�r prASU+catfeh "ef �e�jsl dsrta sn+1 d��i`tseutrhie, tIM Mil laei+ro lotion, moved Ily biolici14n mart aW sscd%A1 lI rbbr I6"IsslOftf E64rdt". was unen l mous l y sw;vvbd. The Jo►•+t hierbor Conslttss aal+te• Oft fbOP"If4 four rmcoimaandstlons to this and City Council • ?" 1. Tt+at the bulkh9sd location. as shown on ttsi Or•ngs tovnty !arbor p. stri ct' Pian. Ifidsx No. 3210, dated sot slb+r 130+1957, bs estab► l shed for tt«ase properties frm tar asst llfw 0 -t Obuoty Oock prwsrty to the wext add of the cut -Off wall nhiCh It lgti.w surly Of it* Stat* 14E 910+ Y • trl a' - 2. That it% 41441+0 of . *I I rsva * fY� 116 14AS1,4 of this evolgw . . Y proorty bM 7�a Ot • s►d 35 pr'p1t ".�c�'aQ`LMb`ctyl° PRELIMINARY SP CIF.1CAT.IONS F'OR NEWPORT TOWER Prepared By SCHWAGER- FERNALD- BALLEW Lester H. Schwager, Architect GEORGE J. :,IND (�aaoriate Architect 2813 Nsvport Blvd. Newport Beach, Zalif. TO This 'building-will be of steel frame constraction with light waight concrete floors. The structure is a basic twenty foot module, with Intermediate eteel columns from the first floor through the se enth floor, Exterior materials will consist of pre - assembled. pro:el<ain enamel panels and masonry. Necessary shear will be 'taken through end walls and intermediate walls. Foundation will- �be supported on concrete pilings. Mechanical equipment *17). be provided to adequately heat and ventilate the building as required by use. Other equipment will be included.to air condition the apartnent floors, Skyroom, Coffee Shop and Lobby. An electrical ayetem will!be provided to adequately handle the building, with Potential ,requirements being of prime importance. CONA,'RCIAL A2LQ_ NQ :' This building will be of steel frame construction on a ten foot module. Construction of roof will be steel decking; exterior materials will, be masonry, stucco, and glass. Equipment will'be.included in each unit to adequately heat, light, and ventilate this building. CLUBHOUSE: This building will be of steel frame construction. Structural system Is basically a tat foot module. The property line wall on the east side of the building will be of four hour construction. Other exterior materials will be masonry, stucco, and Slane. An adequate heating, vertllating, and lighting system will be provided to supply the required needs of this building. This building will be of lift slab concrete construction with supporting columns located on a twenty foot nodule. Exterior wall■ will be of masonry, stucco, and glass. ., •:� { 4 Bid iroposal ; ../ Wagner Dstrslops<e$t Co. Dacssiber 1Se 1l An. intonairo survey 'has bean mads by our eaginoers or-. sbitasrts sad the Ohio" National `Ina uranas.f3ompaay Theatter " has caused an indepoadsnt "appraisal of the property to. be -made to lstablish baaia> values upea which to prsdicata "the economic -teas- ibility.et what we prapoae.to do. 9uftica it to say that this survey took into consideration tho;unigus nature. and locations of t" the..,propertyE the.recraational area in which it:, is located, its proxitaity,to the :Newport Dun4i Davelopment.to the southe its :prox -" im1Cy, to: Disneyland sad the growth pattern at Uranga County,; " parL16aarly an, such growth has a' direct bearing'.npen, the area %Adsr eoniidoration. "'.The seasonal ;ate year - around potasttial tics were not oVsrlocked. In short in anticipation of im #sting well, in -excess of halt a mi];lion dollars on a -term rental or not ao exceed forty -nano years, qe considered every pisy0 44 , pap Cholagic- al, amahstio .and ea®nomi o aspect- to arriys at what we . aubmit , o he" the ?Highest and 'best Uss.`ot the property. :To do less would ran ther ba iiA to eur`selves nor to the E ty o1 Oraaga. "Without gotta intea "detail•in. presenting this phase"of. '., our :proposal we asliift�, hI9 :following" as tae hlghsst sad best ties No -the, Orange.,Oonnty;Dock ort y= .. S`he srtdtien.ets T. A modern stru4ture.4Xf multiple buildings to • U.C.Qm odatc from tort to' fittr :deluxe apartuant units in apprepr #ate division of sues between one and two b.drvoma with suits arrangements-; A;apaciouq restaurant andosktail lounge to > inolwda.ontdoor dining: and dancing facilities. . IIIt "Improvement of the satire dater lZOnt aria to "accomme�dat'e approximately fart slips for the use of teiaa is and athors including floe age"irrangemeut t© at -.. ford . rater access; o the;:.�alare' Newport Bay, adequately spa iocta swimming pool tteget h er With,. cabanas and a sun bathln�'area.for the exclusive ass -or the.tenanta. V. Parkin; tarilities en the preperty to allow is parking space for both "the tenants and the patrons' of . tits restaurant - and' cocktait;loUnge. ' It is our ' considered 4 pittien that thrt deXrlopwsnt ea> brief -" ly- outlined. above reprosentip the highest and best . use of the` propertyy at,"tho present time and it:ls, upon such.nse that our prop "al ie herewith submit<tod. ire are not untniadittl of tiia vary real growth factor involved` daring :tae to of the:contem- • plated lease and ' "have made provisloi in our thiakiag atui pfanning for an upward expansion of all improvements noted excopt items .III: :sad iV. Bid Proposal.. ? : Ytagnor Decalopme nt Co. Decembar,3,..1958 rescue stork of life guards .and, harbor patrol affording -the ready'accesa to: Hoag Memorial Hospital from any part of New- Port. Baye t __al Area mlithin the, perimeter of ;the apartment. "its (aol4k,. hibite and +Bp) we rill construct a apactOus.swimmia po ©l. It will be ir► keeping with the deluxe nature "oP the. appartments :ano ,. will be for the exclusive usa`of the tenants'and their guests. 'This area will include a group of cabanas, a,suabath 0j- aection and such.other' kindred play and relauatioa facilities as apace will permit. The pool it,aelf will ;add to :the beauty ,and charm .' oP'the ant re project.' The entire ,.area of the project,erill,bea appropriately-,'and, adequately; landscaped in keeping wl.th this' :architectural decor �f� Facilities . On -site parking.is planned which will not only acgomm6daae the tenants but the.patrons of the; restaurant and cocktail. . louage ae well. We anticipate the.necissity of. securing park- ing rights upon: neighboring,. property prior to, the. expansion of .' any of the facilities beyond what is originally contemplated.. Such additional. parking will ,. be taken of:bsfore the need • .care beoomes acute..' , ;_ Estimated Cost • . � : ,,, , In the preliminary state, of planning it is impossible to give as accurate cost estimate of improvements. To rsSlect. our. thinking and °to giver your.Honorabble'Board abetter idea''of the type of .:imgrovemeiat'we plsn wa,shall attempt a a ,accu.rate:;an, , estimate as passible. :Such estimate must, in t3ie nature of tae . project, be revised upon the completion of detailed plans and agecifications. Our estimate of the oost of improvements in the conatruc- Lion or performance of the work piopomed is $!W 000.00. As far as we can calculate, the returns from th; operations propposed mill far exceed the minimuei; rst�tal iearrolired'asd we rill do a *orythfng in our poser to.maka.:tbis a realitye Aid propnaal.` Wagner. Development'. Cd. Deasmbar -,15, 90 `- b. We agree to pay a aiirlimum rental of $506 per seonth the first, 36 mant4d, and ,,jS0o a.month. thereafter daring for the term of this lease. 7. fide agree to pay a percentage rental af'6jo of the "s recaipta;aa the,aems' are defined ih ,•� Bros aale:a.or gross -arid for Of lsasa an file in the offigs of said C0*untp. Clerk to the extent that. Suri total: excaeaa the aiini�anm rental $et forth in 6, above'' Seapoctfully submitted, Wagner Develapmsat CO tt , wagner -04vslopmout Co. q. "N, I " I I I " %-,, " u yyy TrK.&OZ110 eyo I ..... l it "PC! 143 —Two WN rr`5 ;RORK gqq in No 0 SC_ 3S' - I 'On. A-4' 41;j' i7:4 0=2S cO 0 600-1 -3,&M MAI Its 1:1. �p f .^c , - Q­ 0 K pc=L F_ E -R:Jp I;-,,. 78L"" �,OA-r, `6 Q P A, % 4on; 'cd� Q MIAH p TT 1 4 1 .1 1 11 ... ENT CO 1W %all Io fig 14 I. 12 rj, Oo, 17 A). zoo WIN 14t' +IW.o� 7- ;,os a � 1 1: , a." Al now, G CA 0; A Al A. ; � : .., , 1, �S I i,s. - ­ I I IL . Y�I a ,e QQ I on, styli '41 2air 04, V 9 ;::'L G I"A ::,(,y, ., . -1111) * ".!" -fill '1 0 N1615WIN .,I; IA.IJ 1 11 1 A Aviv NIAN 4,Y r A I I I A 1, ;1 11, 1 I 1 1- tame 41 IT, Q If I I 'L - SIT T�, 'I� 01 .1 pact ` T WIN K. A I rM 1',, 1, 0' ti T1 .... ... 1 19 4ILM-1 -AA/ AQ 1 Pay IV NOW W-l"MY0, A At 5, AYAW :. Vol ,0­ �4' "I ILI, W, � I 1- 71. W7 r War q, 42 I', t I U�!A 7,7? 1 "� o� I,." 1� �.o_ GGG 3. Tr"I T', W� rR I _IW .-.T; T, ,n R Wp ARNM Foil 1�� 16 " 1 f I p ..'.,.1 � n".00M puizww� 1 Aviv Qmgu,�� K-6 -iVA . . I I I I I See File for Proposed Development by Bob Yeakel & Associates April 24, 1958 Mr. Joel R. 0610 County Counsel Court House Santa Ana, California Dear Mr. Ogle: The voters of the City of Newport Beach, at an election held.April 8, 1958 approved the Lease Agreement between the County of Orange and the City of Newport Beach for that certain parcel of land commonly known as the County Dock property. I am returning to you three executed copies of the Lease Agreement which bear the notation "Return to County Clerk." I am also enclosing a copy of the Lease Agreement which bears the notation "Please complete and return to County Counsel's office." Very truly yours, Margery Schrouder City Clerk - Treasurer We Att. k, ORANtOUNTY ROY EDWARDB. CHAIRM -W- ORANGE ELMER J. HUGHES _y- REAL BBACN DON D. HILLYARp -• - - "� - . -. BANTA ANA TED KUCHEL _ •- - - -�5 q 1 ANAHEIM WALTER S. $PICER NEWPORT BEACH C February 14, 1958 The Honorable City Council City Hall Newport Beach, California Dear Madam Mayor and Gentlemen. RARBdk",iCoIVIIVI ISSION Lr � � T J KENNETH SAMPSON HARBOR MANAGER H. MORGAN NOBLE HARBOR ENGINEER RUSSELL E. CRAIG HARBOR MASTER ADDRESS, 1901 BAYSIDE DRIVE, NEW BSAGY, CALIF. LEPX pp! \� `'J On October 17, 1957 a joint meeting was held between represent _Q'!�% the Harbor Commission and City Council concerning the development of and City held properties just east of the Arches overpass, commonly referred to as the County Dock properties. This committee made a four -point recommenda- tion which was favorably acted upon by your Honorable Body, RK, 3� Mr. Kaiser, Committee Chairman of the Board of Supervisors for the Harbor Q� Commi.ssion, requested a memorandum opinion from the County Counsel on the r program as outlined. This opinion requested certain legal findings by the. City. On January b a conference was held between Mr. Robert Shelton, City �,,J(, -/ Manager, Mr. Wafter Charamza, City Attorney, and Mr. Kenneth Sampson, Harbor Manager, at which time it was agreed that these legal questions would be given top priority by the City Attorney. The results of this conference were reported to the Harbor Commission on January 13. During the month of January several calls were made from this office to the office of the City Manager and to the City Attorney in order to emphasize the necessity for prompt action. The last such call was made on the morning of February.10, at which time this office was again informed that this matter held a position of first priority in the City Attorney's office. Again such fact was reported to the Harbor Commission at its regu- lar meeting of that date. The Commission instructed the Harbor Manager to communicate directly with the City Council requesting Immediate action to solve these legal questions In order that a program that has been pending for several years might be satisfactorily resolved. Your active support for an early determination is respectfully requested. KS:mp Respectfu)4y submitted; KtNNETH SAMP5UH, maroor.4tanager an Secretary to the Harboe Commission See File for Exhibit A Adopted Plan of Bulkhead at County & City Properties West Turning Basin December 12, 1,958 Board of Supervisors of Orange County, California Gentlemen: In accordance with the Resolution of the Board of Super- visors of Orange County, California, made on September 11, 1958, . concerning that certain property situate in the City of Newport t *ach, County of Grange, '3tate of California, more particu- larly described in the Resolution' attached hereto, made a part hereof by reference and narked "Exhibit A ", the undersigned, K. V. Boat Sales, Inc., a California corporation, hereby makes the following bid or proposal, and does declare and stipulate that this bid is made in pursuance of and subject to all of the terms and conditions of the Resolution aforesaid, and that it is made in good faith., without collusion or connection with any other person or persons bidding for the same Lease. 1. The undersigned agrees to construct, in accordance with the plans and specifications adopted by the Hoard of Supervisors, a bulkhead, as required in paragraph 4 of said Resolution, at a cost of ;90,000.00. The undersigned further agrees to use tl' property in accordance with the one or more uses permitted by the provisions of Article X. Sec. 9103.51 of the Municipal Code of the City of Newport Beach, and., further, the undersigned agrees to construct upon the property one or more of the improvements contemplated by said Mudeipal Code and by Use Permit No. 432 issued by the City Planning Commission of the City of Newport Beach on the 26th day of May, 1958. All improvements to be constructed will comply with all applicable laws concerning the construction of improvements in the Cittyy of Newport Beach. Further, the undersigned will commence tlee construction of the bulkhead within 120 days from the execution of the Lease, and other improvements will be commenced within 220 calendar days after the execution of the said lease. 2.. Enclosed herewith are the preliminary plans and specifications for the proposed improvements to be constructed upon the aforesaid property, referred to as "Exhibit B ", said AMProvements to be constructed at a total cost of $400,000.00. Attached hereto and made a part bersof by reference is an expense sheet entitled "Exhibit CiP said expense sheet contain" ing the total estimated cost of construction of the improvements on the .property. Board of Supery sore 3. The undersigned agro frond and a construction bond times provided in paragraphs Lion marked "Exhibit A". .2- • 12- 1.2-5d ' %as to furnish as public liability in t1w amounts and within than 8 and 9 of said attached Resolu -, 4. Attached hereto, and made a part hereof by reference is a document entitled 'Uticipat.ed Income" and marked "Exhibit V. Said "Exhibit DII states than anticipated income that the undersigned expects to receive from this property in the event it is the successful bidder and basiuu� its bid upon that anticipated income submits the following rental, based upon a percentage of the gross recpipta as is required by paragraph 6 of the aforesaid Resolution- (a) The undersigned covenants and agrees to pay each month to the County of Grange s mininum rental of $500.00 per month for the first 36 months and $1,800.00 per manna thereafter during the term of the Lease, (b) For each "accounting year ", as defined in the Lease an .file in the Office of the County Counsel, Or- ange County, California, and referred to in -'Exhibit A ", of the term of the Lease, the undersigned agrees to pay to the County of Orange, at the ti:rm and in the manner provided in the aforesaid Lase, an amount equal to the total of the following peree:ntag" of gross sales or grass receipts from: (1) The 'business referred to in the attached 'Exhibit 9" as the Mariana, an amount equal to 25% of the total Marina incoma- (2) The business referred to as the Marina Hardware Store on the attached °°Exhibit E", 25% of the rental obtained from the sub- leasing of this building to other parties; (3) The business referred to in the attached 'Exhibit V as t1w- Liquor and Deli- catessen Store., 25% of the amount receiver a3 rental from the sub- leasing of this business to other parties;. (4) The tusiness referred to in the attached "Exhibit V as Boat Brokerage or Sales, an amount nt equal to 25% of the amount received as rental from ti* sub - leasing of this property to other parties. Board of Supervisors -3- • 12 -12 -58 (5) In addition, the undersigned agrees to pay to the County of Orange 25% of all monies received by it from its agents, sub - lessees, con- cessionaires or licensees for the use and oper- ation of any coin operated machines or devices maintained on the said premises. (c) The percentages referred to above shall not in- clude any monies received for sales or excise taxes levied b}}vv the State, County, Federal Government or Municipa3. Government, or percentage or receipts for goods returned, (d) If the amount of the percentage rental computed as above exceeds the minimum rental required in sub- paragraph (a) to be paid during the accounting year, as defined as aforesaid, the undersigned will vay the amount by which the percentage rental exceeds the minimum rental required to be paid together with any minimum rental due and unpaid for said accounting year. 5. Attached hereto is a Cashier's Check or Bidder's Bond equivalent to $25,000.00, to guarantee that the undersigned will enter into the proposed Lease in the event that it is awarded to him under the aforesaid Resolution. K. W. BOAT SALES, INC., a Cali - fornia corporation, °7i • , 7F - Bulk head` Camp2etelyy installed including blackfill and grading, 850 1 ft. $123.00 ..................$106,200.00 Boat S19jps: Precast lightweight concrete floats, allowance ............................5 900000000 70 electrical outlets for boat con- venience @$50.00 .......:............. 3,500.00. 70 water outlets for boat cmv"a Lou" @$25.00 ...................:.... 1,730,20 f 95,250,00 Paving-, Paving and curbs 3,500 sq. yd* @$ 2. 20 ..............................$ 7,700.00 Outside floodlights.... .............. '0 ,...15, 700.00 Boat Gar 5 stories total 20,000 sq. ft. @$ 3. 50 .. ..............................$ 70,000.00 Elevators .,.:........................ 50,01-22 1209000.00 Marina Hardwares, Floor space 6,000 4q,:ft. @$10.00... $ 601000.00 Toilet facilities ................... 8.000.00 "68.000.00 i.ockers :....... .. ...... 0..0.90090000091.00.00$ 6,000.00 TOTAL ...............$411.150.00. IMiBxT C . 62 slips @$60.00 per mouth ....... $ 33,720.00 80 boat garages @$25.00 per mo.... 2,000.00 180 lockers @$4.00 per mouth.;...'. 720.00 $'6,440.00 Per year... «...........8 779280.00 Z >_ Gas sales expected: '500 000 gal.' per year, % expected $.61 per ;al. (500,000 x $. O1) .. .................•............$ 50000.00 !% $QA'd BBORE 6 $ALgS Boat brokerage and display $300.00 Oar month flat. 3.6.00 TUML•••..._$ 85,880.00 MMIBIT D, MUM PAMM STORE Marina Hardware 4 700 sq..ft. expected sale @$8.00 per sqq* ft* per year - $272,000.00 at 5% of sales ($272,000.00 x 3%)............$ 13,600.00 L UM 8TOU, .Liquor sales $140,000.00 @4T....,..$ 5.600.00 to TOTAL ..................$19,200.00. I IPA 3 4 S 8 7 8 9 10 11 12 13 14 g�15 A 18 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 e RESOLUTION OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA rc Sgptembg; ,11 , 1958 On motion of Supervisor Reddick , duly seconded and carried, the following Resolution was adopteds WHEREAS, the County of Orange and the City of Newport Beach are the owners of the real property hereinafter described, and WHEREAS,. the County of Orange and the City of Newport Beach have by lease agreement agreed that said real property should be leased as a single unit, and WHEREAS, by the terms of said lease agreement the County of Orange has been designated and authorized to lease,said property, and WHEREAS, it is in the Judgment and determination of this Board of Supervisors that it is for.the best interest of the County of Orange to lease said property. NOW, THEREFORE, BE IT RESOLVED AND ORDERED= 1. That it is the intention of-this Board of. Supervisors to lease the following described property situate in the City of Newport. Beach,. County of Orange, State of Californian Parcel No, 1 A parcel of land situated in the City of Newport Beach, being a portion of Section 28, T -6 -S, R -10 -W, S.B.B.M. and. Lot 172, Block 1, Irvine Sub - Division as shown on a reap recorded in Map Book 1, Page 88, Official. Records of Orange County and more particularly described as follows to wit: Beginning at a point on the westerly line of Lot L of Tract No. 919. as said tract is laid out and shown Won a map recorded in Miscellaneous Map Book 29, Pages 31, :32, 33 34, Official Records of Orange County, Cali- fornia, said westerly line bears N. 11 0571135" E. said point being distant 60000 feet measured along said west- erly line of .Lot L.and northerly of U.S. Bulkhead Line between U.S. Bulkhead Station No. 128 and 128A, as said U.S. Bulkhead Lines and Stations are laid.out and shown upon a map titled "Harbor Lines, Newport Bay Harbor" approved by the Secretary of the Army, Februaxy 15, 1951, and on file in the U.S. District Engineer's Office Los Angeles, California, a radial line through said points bears N. - 25 000' E; thence westerly along a curve concave to the South, and having a radius of 480 feet and a cen- tral angle of 46 016146" an arc distance of 387.71 feet 1. '1 74 /I 1 2 3 4 S e 7 B 9 10 it 12 13 14 18 1e 17 18 19 20 21 22 23 24 28 28 27 28 29 30 31 32 to an intersection with the aforementioned U.S. Bulk head Line lying between U.S. Bulkhead Stations No.. 128 and 2278; thence northwesterly along said U.S. Bulkhead Line a distance of 49.27 feet more or less to the.southeasterly corner of Parcel No. 2 of that cer- tain easement described in deed' to the State of Califor- nia from the City of Newport Beach, recorded in Book 3680, Page 54, and dated October 17, 19560 Official Records of said Orange Countyi thence northeasterly Along the easterly line of sad last mentioned Parcel No. 2 to an intersection with the southeasterly line of Parcel No, 1, described in deed to the State of California from the County of Orange, recorded in Book 3680, Page 50, and dated October 17, 1956 Official Records of Orange Countyi thence northeasterly along the southeasterly line of said Parcel No. .l to the most easterly corner of said parcel; thence northerly along the easterlyy line of said Parcel No. 1 to an intersec tion with the southerly.line of that.certain parcel of land described in deed to the State of California from the County of Orange recorded in Book 2930 Page 158, and dated June 29, 19299 Official Records of Orange County; thence easterly along the southerly line of said last mentioned parcel of land to an intersection with the westerly line of the aforementioned Lot L, of said Tract No. 919; thence S. 11057135" W. along the westerly line of said Lot L, to the point of beginning, Parcel No, 2 A parcel of land situated in the City of Newport Beach, being a portion of Section 280 T -6 -S, R -10 -W, S.B.B,M. or Lot 172, Block 10 Irvine Sub - Division, as shown on.a map recorded in Map Book 19 Page 88, Official Records of Orange County and more particularly described as follows, to wits All that parcel of land ,lying between the southerly line of Parcel No. l as described herein and the U.S. Bulkhead Line between Stations 128A and 227A as.said U.S. Bulkhead Lines and Stations are laid out and shown upon a map titled "Harbor Lines, Newport Bay Harbor" approved by the Secretary of the Army, Februa 15, 1951, and on file in.the U.S. District Engineer's Of ice, Los.. Angeles, California, and lying westerly of the westerly line of Lot L of Tract No. 919, as shown upon ,a map re- corded in Miscellaneous Map Book 29, Pages 31,, 32, 330 34, Official Records of Orange County, California. Parcel No, 3. A parcel of land situated in the City of Newport Beach, being a portion of Section 28, T -6 -S, R -10 -W. S.B.B.M# and more particularly described as follows to wit: Beginning at the U.S. Bulkhead Station No. 227A as U.S. Bulkhead Lines and Stations are laid out and shown upon a map titled "Harbor Lines, Newport Bay Harbor ", approved by the Secretary of the Army, February 15, 1951,, . and on file in the U.S. District Engineer's Office, Los Angeles, California; thence northwesterly along the north- westerly prolongation of the U.S. Bulkhead Line betwoen 2. 1 2 3 4 5 e 7 S 9 10 11 12 13 14 $ 15 1e 17 18 19 20 21 22 23 24 25, 26 27 28 29 30 31 32 • - • U.S. Bulkhead Stations No, 227A and 227B in a direct line to the northeast corner.of that certain parcel of land described in deed to the State of California; from the City of Newport Beach, recorded.in Book 3111 Fage.1259 and dated June 12, 1955, Official Recoid;.61',.., Orange.County,.Cali.fornia• thence generally southwest- erly along the boundary of said last mentioned parcel,to the most southerly corner thereof; thence northeasterly along the southwesterly prolongation of the northwest- . erly line of said parcel of land to an intersection with the North Channel Reservation Line as recorded in Book 1629 Page is Official Records of said Orange County] thence southeasterly along said Channel Reservation Line and its northeasterly prolongation to the U,S. Bulkhead Station No. 266A as said Bulkhead Stations are laid out . and shown upon a map titled "Harbor Lines Newport Bay. Harbor'"; thence northeasterly along U.S. Bulkhead Line between U.S. Bulkhead Stations No, 266A and 227A a dis- tance of 87 feet; thence northeasterly in a „direct lime to U.S. Bulkhead Station No. 227B; thence: northwesterly along U.S. Bulkhead Lind to U.S. Bulkhead Station No'. 227A, the point of beginning. _ 2. The term of the lease shall be for a period commencing on the date of execution thereof and ending on June, 30, 2008. 3. The form of lease to be entered into, is now on file in the office of the County Clerk of the County of Orange to which reference' is hereby made for'full particulars. 4. The successful bidder shall construct a bulkhead from.the Bast line of the subject property to the,Wast.end of the cut -off wall west- erly of the state highway bridge, said construction to be in full ` com - pliance with plans and specifications heretofore adopted by the Board of Supervisors and now on file in the office of the County Clerks and shall. backfill to the top of the bulkhead along its entire length, The suc- ce.esful bidder shall also extend through the.proposed bulkhead the existing storm drains which drain over.or through: the property.5uch con- struction to be in accordance with said plans and specification a adopted by the Board of Supervisors on file in the office of,the County Clerk of Orange County. The successful bidder must agree to use the property for one or more of the uses permitted by the provisions of Article X, Section 9103.51 of the Municipal Code of the City of Newport Beach and agree'to construct upon said property one or more of the improvements authorized 3. i 2 3 4 S' e 7. 8 9 10 11 12 13 14 15 Hie 16 17 18 19 21 22 23 24 25 28 27 28 29 30 !I 31 32 by said section of said Municipal'Code and by Use Permit No, 432 issued by the City Planning Commission of the City of Newport Beach on the 26th day of May, 1958. A copy of said.Article X, Municipal Code, together with a copy of said Use Permit, is on file in the office of the County Clerk of the County of Orange to which reference is hereby made for full particulars. All improvements to be constructed must comply with all applicable laws governing construction in the City of Newport Beach. The successful bidder must agree to commence the con- struction of the bulkhead hereinabove described within 120.calendar d from the execution.of the lease and thereafter diligently prosecute to completion together with the backfill hereinabove referred to, The other improvements described in the proposal shall be commenced within 270 calendar days after the execution of the lease and thereafter diligently prosecuted to completion. 5. All fixtures and improvements constructed, erected and placed on said property shall become the property of the owner of the land upon the termination of the lease. 6. The bid shall specify a rental based on a percentage of the gross.receipts of any and all uses maintained,:established and on said property with a guaranteed minimum monthly rental commencing on the first day of the month next succeeding the execution of.tha lease and ,payable on the first day of each month thereafter during the term of the lease. Such guaranteed minimum monthly rental shall not be less than $500.00 per month for a period of 36 months and $1,800800 per month thereafter for the full term of the lease. 74 Each bidder shall submit with his bid preliminary plans and specifications of the proposed improvements showing the uses intended and the improvements contemplated.to be constructed in conformity with the requirements hereof and showing the estimated cost thereof excluding architect's, engineerts, inspector's or attorney's fees or any other costs not involved in the direct construction or performance of the work proposed. Such plans, specifications and estimates.shall be in suffi- cient form to permit an intelligent evaluation of the proposed uses and improvements and the revenue to be anticipated therefrom. 4. 1 2 3 4 5 e 7 8', 9 10 it 12 13 14 15 E is I 17 18 19 20 21 22 23 24 25 28 27 28 29. 30 31 32 8, The successful bidder shall furnish, at the time of signing said lease, and maintain during the term of the lease, a public .liabi.l- ity bond running jointly and severally to the County of Orange and the City of Newport Beach in the amounts of not less than $100,000/500,000 . for personal injury and $50,000 fox property damage, 9. Bidder shall agree that if his bid is accepted he will erect and construct the proposed improvements and will furnish a faithful performance bond in an amount equal to the estimated cost thereof to assure the construction thereof in conformance with final plans and specifications, and a labor and materialmen bond to hold the County and City exempt and harmless from any claim, demand or suit on account of any labor performed or material furnished in the erection and construc- tion of said improvements. 10, That a public meeting of this Board will be held at 10 :00 o'clock A M, on the 15th day of December , 1958, in the Chambers of this Board of Supervisors in the County Court House, Santa Ana, California, at which time and place sealed proposals to lease said property which have been received will be publicly opened, examined, and declared by this Board. At said time and place this Board will, before accepting any written.proposal, call for oral bids and if any responsible person offers to lease the property upon the terms and con- ditions specified in this Resolution, for a rental exceeding by at least 5% the highest written proposal, then such highest oral bid will be accepted, 11. That notice of the adoption of this Resolution and of the time and place for the holding of said meeting of this Board shall be given: By posting copies of this Resolution, signed by this Board or a majority thereof, in three (3) public places in the County of Orange, not less than fifteen (15) days before the date of the meeting. By publishing a copy of this Resolution once a week for three (3) successive before raid meeting, the first publication to be more than trienty -onp (21) days prior to the date herein fixed for said 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 d 16 $4 17 u 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 meeting in the SANTA ANA REGISTER , a newspaper of general circulation printed and published in the County of Orange. 12. Each bidder must agree in his proposal that the proposal may be accepted by the Board of Supervisors.at any time within thirty (30) days after the opening thereof. Each bidder shall submit with his proposal a cashier's check or bidder's bond equal to $25,000.00 to guarantee that he will enter into the lease in the event it is awarded to him. 13. That this Board hereby reserves the right, should it deem such action to be for the best public interests, to reject any and all bids, either oral or written,.,and to waive any informality in any bid received, and to withdraw said property from lease. The County of Orange shall submit to the City of Newport Beach for review and recom- mendations all bids received for the lease of the property, together with a statement in writing as to the bid which it proposes to accept and a draft of any lease it proposes to execute. Any lease and any proposal or plan for the development of the property shall be subject to the approval of the City Council of the City of Newport Beach. AYES: SUPERVISORS NOESs SUPERVISORS ABS "ENTt SUPERVISORS BEN REDDICK, WILLIAM J. PHILLIPS, C.. M. FEATHERLY, WM. H. HIRSTEIN AND WILLIS H. WARNER NONE NONE the county of Orange, State of California 60 1 2 3 4 5 e 7 a 10 11 12 13 14 z 15 0 �$ 16 �8S 17 18 19 20 21' 22 23 24 25 26 27. 28 29 30 31 32 STATE OF C ALIFORNIA ) COUNTY OF ORANGE I, L.B. WALLACE, County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County', California, hereby certify that the above and foregoing Resolution was duly and regularly adopted by the said Board at a regular meeting thereof held on the 11th' day of _September , 1958, and passed by a unanimous vote of said Board. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 11th day of _ :September , 1958. L. B. WALLACE County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California 7. �0 " TY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER June 4, 1981 T0: CITY ATTORNEY PROM: Assistant to the City Manager SUBJECT: CITY - COUNTY DOCK LEASE (NEWPORT ARCHES MARINA - 3333 COAST HIGHWAY) , C- 533 Attached is a letter from Jordan Wank, an attorney representing the Newport Arches Marina, requesting a 6 -year extension of the above referenced lease. In addition to requesting an extension of the lease, Mr: Wank has verbally inquired about the possibility and /or procedures associated with purchase of the property by his client. Also attached is a lease summary and map, the :Waster lease between the City and the County and the sub -lease between the County and the sub - lessees. Certain important sections have been highlighted. Could you review these matters and relative to procedures which would extension or sale. Is such an ext the lease terms and any applicable provisions? Any relevant comments the advisability or feasibility of ated. provide me with an advisory be involved in any such lease snsion or sale possible, given statutory, Charter or Code you may have with respect; to these requests would be appreci- By the way of background information, Mr. Wank has indicated that a minimum 6 -year extension would permit his client to attract potential funding sources for further improvements on the property. Without such additional time on the lease term, however, he feels that no investors would be interested. No favorable commitment or inference of favorable commitment, with respect to Mr. Wank's requests, have been made by either the under- signed or, to my knowledge, the County. GEf �n„o. As istant GJB;mm attachments e City Manager. r LAW OFFICES OF LTOR13AN M. WANK A PROFESSIONAL CORPORATION JORDAN M. WANK IBOO NORTH H�GHLANO AVENUE. SUITC JOO HARRY n B. COVVSEL: HARRY B. WANK HOLLYWOOD, CALIFORNIA 9002 G. MICHAEL PCLLCCK TELEPHONE 464 -7535 LT, COL. ALAN ROBBIN5 May 14, 1981 Mr. Jerry Bolint C/o City Hall 3300 Newport Beach Boulevard Newport Beach, California 92663 F RE: CITY- COUNTY DOCK LEASE (Newport Arches Marina -3333 Coast Highway) Dear Mr. Bolint: Please be advised that this office represents Newport Arches Marina with regard to the above matter. With regard to your recent discussion with Debbie Gray, please be advised that we would appreciate your consideration for a 6 -year extension of the aforementioned lease. Thank you for your immediate attention and cooperation in this matter. JMW:ep Very truly yours, "VORDAN M. WANK { I i t MAY 1 g 1991>ti- j MANAGER �� OF N`AU04T, 6EACM• See file for Summary of Bids for the Orange County Dock Lease WWC ' J .l • • _ ,t m d ' .. 8 (12) 1 LEASE AGREEMENT 2 3 THIS LEASE AGREEMENT, made and entered into 4 BY AND BETWEEN 5 COUNTY OF ORANGE, a political subdivision of the 6 State of California, hereinafter . referred to as "County ", 71 AND 8 CITY OF NEWPORT BEACH, 9 a municipal corporation, herein after referred to as "City" 10 11 RECITALS 12 A. County is the fee owner of that certain parcel of 13 land commonly known as the County Dock Property, situated on the 14 South side of West Coast Highway, at The Arches, in the City of 15 Newport Beach, California. 16 B. City holds in trust for the uses and purposes and 17 upon the express conditions as provided in "An Act granting 18 certain tidelands and submerged lands.of the State of California 19 to the City of Newport Beach upon certain trusts and conditions" 20 approved April 5th, 1927 (Statutes 1927, page 125), as.amended 21 by "An Act relating to the granting of franchises upon, and 22 leases of, certain tidelands heretofore granted.to the City of 23 Newport Beach by the State of California ",. approved May 29th, 24 1929 (Statutes 1929,`Jpage 1704), certain tidelands and submerged 25 lands lying southerly and southwesterly of the said parcel of 26 land owned by County. 27 C. The exact boundary between the land owned by 28 County and that held by the City has not been determined and the 29 following descriptions are for the purpose of this lease agree- 30 ment only: 31 (1) The land owned by the County is described 32 as follows as Parcel No. 1: 1 2 3 4 5 6 7 3 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Parcel No. 1 A parcel of land situated in the City of Newport Beach, being a portion of Section 28, T -6 =S, R -10 -W, S.B.B.M. and more particularly described as follows to wit-. Beginning at a point on the westerly line of Lot L of Tract No. 919,:as said tract is laid out and shown . upon a map recorded.in Miscellaneous. Map Book 29, Pages 31,,32, 33, 34, Official Records of Orange.CountP California, said westerly line bears N, 11457135 , ' E. said point being distant 60.00 feet.measured along said westerly line of Lot L and northerly of U.S. Bulkhead Line between U.S. Bulkhead Station-No. 128 and 128A, as . said U. S. Bulkhead Lines and Stations are laid out and shown upon a map titled "Harbor Lines, Newport Bay Harbor ". approved by the.Secretary of the Army, Febru- ary 15, 1951, and on file in the U.,S. District Engineer's. Office, Los Angeles, California; a radial, line through said points bears N..27020'E; thence westerly along Ia curve concave to the South, and having a'radius of 480 feet and a central angle of 46016146" an arc.distance of 387.71 feet to an intersection with the aforementioned U.S. Bulkhead Line lying between U.S. Bulkhead Stations No, 128 and 227B; thence northwesterly along said U,S. Bulkhead Line a distance of 49.27 feet more or less to the southeasterly,corner of Parcel No, 2 of that certain easement described in deed to the State of California from the City of Newport Beach, recorded in Book 3680, Page 54, and dated October 17, 1956, Official Records of said Orange County; thence northeasterly along the easterly line of Parcel No. 2 to an.intersection with the southeasterly line of Parcel No. 1, described in deed to the State of California from the County of Orange, recorded in Book 3680, Page 50, and dated Octo- ber 17, 1956,, Official Records of Orange County; thence; northeasterly along the southeasterly line of said. Parcel No. 1 to the most easterly corner of said parcel; thence northerly along the easterly line of said Parcel No. 1 to an intersection with the southerly line of that certain parcel of land described in deed to the State of California from the County of Orange recorded in Book 293, Page 158, and dated June 29, 1929, Official Records of Orange County; thence easterly along.the southerly line of said last mentioned parcel of land to an inter- section with.the westerly lire of the aforementioned Lot L. of said Tract No. 919; thence S.11057'35" W. along the westerly line of said Lot L,.to the point.of beginning. (2).. The portion of the land.so held by the City under the aforesaid trust that is hereby being leased to the County is described as.follows as,Paroels Nos„ 2 and 3 :'. Paroel.No, 2 A parcel of land situated in the City of Newport Beach,., being a portion of Section 28, T -6-.S R -10 -W, S.B.B.X$ and more particularly desoribed as follows, to wit: All that parcel of land lying between the southerly line of Parcel No, l as described herein and the U.S. 2.. 1 2 3 4 5 6 7 8'' 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25', 26 27 28 29 30 31 32 UuS 9ulkFieaed Lines andtStations2arre and id2butaandaid shown upon a map titled "Harbor Lines, Newport Bay Harbor ", approved by the.Secretary of the Army, February 15, 1951, and on file in the U.S. District Engineer's Office, Los Angeles, California, and lying westerly of the westerly line,of Lot L of Tract No. .919,:as.shown upon a map recorded,in Miscellaneous Map Book 29, Pages 31, 32, 33, 34, Official Records of Orange County, California. Parcel No. 3 A parcel of land.situated in the-City of Newport Beach, being a portion of Section 28, T -6 -5, R -10 -W, S.B.B.M. and more particularly described as follows to wit: Beginning at the U.S. Bulkhead Station No. 227A as U.S. Bulkhead Lines and Stations are laid out and shown, upon a map titled "Harbor Lines, Newport Bay Harbor ", approved by the,Secretary of the Army, Febru- ary 15, 1951, and on file in the U.S. District Engineer's Office, Los Angeles, California; thence northwesterly along the northwesterly prolongation of the U.S. Bulkhead Line between U.S. Bulkhead Stations No. 227A and 227B to'an intersection with the northeast corner of that. certain parcel of land described in deed to the State . of California from the City of Newport Beach, recorded in Book 3111, Page 125, and dated June 12, 1955, Official Records of Orange County, California; thence generally southwesterly along the boundary of said parcel to the most southerly corner thereof; thence southwesterly along the southwesterly prolongation of the northwesterly line of said parcel of land to an intersection with the North Channel Reservation Line as recorded in Book 162, Page 1, Official Records of said Orange County; thence south- easterly along said.Channel Reservation Line and its southeasterly prolongation to the U. S..Bulkhead Station No. 226A as said Bulkhead Stations are laid out and shown upon a map titled "Harbor Lines,. Newport Bay Harbor'.; thence northeasterly along U.S. Bulkhead Line between'U.S. .Bulkhead Stations No. 226A and 227A a distance.of 87 feet; thence northeasterly along a straight line to U.S. Bulkhead Station No. 227B; thence. northwesterly along U.S. Bulkhead Line to U.S. Bulkhead Station No. 227A, the point of begin- ning. D. It is deemed to be to the mutual advantage,of the County and the City and in the public interest to treat the.above described parcels of land as a single parcel for the purpose of leasing the same to a third party and it will be advantageous and attractive to the prospective Lessee in that such Lessee will have but one entity with which to deal in all matters relating to the. leasehold. 3. 1 E. An equitable arrangement for the.sharing of the 2 receipts derived from the leasing of said parcels of land will be 3 to share such receipts in.the proportion that each party's 4 holdings bears to the total area of said parcels. 5 NOW, THMEFORE, subject to and in consideration.of the 6 following terms, conditions, and covenants it is agreed that- 7 1. The City hereby leases to the County the land 8 heretofore described in paragraph C(2) for a term beginning 9 July 1, 1958, and ending June 30, 2008, for the purposes herein.. 10 set out. 11 2.r All of the land - described above in paragraph C(l) 12 and (2) and hereafter referred to as "the property" shall, 13 irrespective of ownership, be considered as,and shall be offered 14 for lease by the County as if it were a single parcel in one 15 ownership. The lease shallobe made by public bid in accordance 16 with the provisions of Sections 25520.through 25536 of the Govern- 17 ment Code. Unless all bids submitted preclude the possibility of 18 a lease of the property as a single parcel,.the property shall be 19 leased as a single parcel. 20 3. The County shall serve as the contracting agent in 21 dealing with the property and shall take all necessary and proper 22 steps to effect a lease thereof and shall be the sole entity with 23 whom and through whom both the bidders and the successful bidder 24 shall deal on all matters concerning the property. The County, 25 shall have the power to execute a lease of the property with the 26 successful bidder as Lessee. 27 4. County shall call for bids,on the lease within 28 six (6) months from the date hereof, and shall execute a lease 29 with the successful bidder within one year from said date; 30 provided, however, that the City Council and the Board of Super - 31 visors may extend for an additional year the time within which 32I the lease must be executed. 4. 1 2 3 4 5'' 6 7 8 9 10 11 12 13 14' 15 16 17 18 19 20 21 22 23 24 25. 26 27 28 29 30 31 32 5. The resolution of intention by the Board of Super- visors, the notice to bidders and any lease of the property shall include these terms: (a) The successful bidder shall construct a pre- cast concrete slab bulkhead from the East line of the County dock property to the West end of the cut -off wall :westerly of the state highway bridge as shown on Orange County Harbor District Plan, Index No. 324A, dated September 13, 1957, on file in the office of the Harbor District Engineer, and shall backfill to.the top of the bulkhead along its entire length. The successful bidder shall also extend through the proposed bulkhead the existing storm drains which.drain over or through the property. (b) All fixtures and improvements constructed, erected and placed on said property shall become the property of the owner of the land upon the termination of the lease. (c)... The lease shall be for a term not to exceed fifty (50) years, and in any event shall terminate not later than June 30, 2008. (d) The rental shall be based on a percentage of the gross receipts of any and all uses maintained,. established and conducted on said property with a guaranteed minimum rental. (e) Plans and specifications showing the uses intended and the improvements contemplated. (f) The successful bidder shall furnish, at the time of signing said lease, and maintain during the term.of the lease, a public liability bond running jointly and severally to the County of Orange and the City of Newport Beach in the amounts. of not less than $100,000/500,000 for personal injury and .. $50,000 for property damage. (g) Bidder shall agree that if his bid is accepted he will erect and construct the proposed improvements and will furnish a faithful performance bond to assure the construction 5. 111 2 3 4 5 6' 7 8 9 10 11 12 13 14 15 16 17 18 19' 20 21 22 231 24 25 i 26 27 28 29 30 31' 32 thereof in conformance with final plans and specifications, and a.labor and materialmen.bond to hold the.County:and.Gity exempt and.harmless from any claim, demand or suit on account of any lab or performed or material furnished in the erection and con- struction.of said improvements. .(h) The Board of Supervisors reserves •the'.right to reject any or all bids and to waive any informality.in any bid received. (i) The development, use and occupancy.of the property shall be in compliance with the Ordinances of the City of Newport Beach and all.other laws applicable thereto. (j) The development, use and occupancy of the property shall meet.the planning and zoning requirements set out in the Municipal Code of the City applicable to:C -2 -H Districts at the time the initial development occurs. 6. The foregoing provisions concerning the.lease of the property shall apply with equal force to the lease of all or any part thereof in the event of termination of any lease made hereunder for any reason or at any time. 7. County shall submit to City for review.and recom- mendations all bids received for the lease of the property, together.with a,statement in writing as to the bid.which it pro- poses to accept and a draft of any lease it proposes to execute. Any lease and any proposal or plan for the development of the property shall be subject to the approval of the City Council of the City. 8. County shall pay to City of all moneys received by.Caunty from a soon as practicable, but not later than to the receipt thereof by County. 9. City.shall pay to County of the cost of advertising for bids for 6. thirty -five Ll uses of t; thirty (30) thirty -five the leasing per cent (35%) ze property as days subsequent per cent (35 %) of the property 1 2 3 4 5! 6 7 8 9 10 11 12 13 14 15! 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 10. This-agreement between the.County.a.nd City shall be- submitted to the electors of the City for approval at the municipal election on April 8, 1958, and is subject to such approval. IN WITNESS WHEREOF, we have hereby executed this Agreement on the .5th day of .Xaroh, 1958. COUNTY OF ORANGE a political subdivision of the State of California By Chairman or its Board or Supervisors` ATTEST: L. B. WALLACE County Clerk and ex- officio Clerk of said cBooardd of Supervisors BY Deputy ATTEST: C erx CITY OF.NEWPORT BEACH a municipal corporation 7• Mayor T STATE OF CALIFORNIA ) ss 2 COUNTY OF ORANGE ) 3 On the 5th day of Msnat.,,1958, before me, a Notary 4 Public in and for said County and State, personally appeared 5 Willis H. Werner and Mabel L. Castel& 6 known to me to be the Chairman of the Board of Supervisors and the 7 Deputy County Clerk and ex- officio Clerk of the Board of 8 Supervisors, respectively, of the COUNTY OF ORANGE, the political 9 subdivision of the State of California that executed the within` 10 instrument, and.acknowledged to me that said political subdivision 11 executed the same. 12 WITNESS my hand and official seal. 13 , 14 Notary Pu `or 15 said County and State My Commission Expires Marea 28, i?64 16 17 STATE OF CALIFORNIA } SS 18 COUNTY OF ORANGE ) 19 On the /5/� day of April, 1958, before _me, :a Notary 20 Public in and for said County and State, personally appeared 21 DORA 0. HILL and MARGERY SCHROUDER, known to me to be the Mayor 22 and the City Clerk, respectively, of,the CITY OF NEWPORT BEACH, 23 the municipal corporation that executed the within instrument, 24 and acknowledged to me that said municipal corporation executed 25 the same pursuant to a resolution of its City.Council. 26 WITNESS my hand and official seal. 27 28 - "Vary 'Public 37h and for r said County and State 29 MY Commission En.res iJov. y-;,1960 30 31 32 8. 1 2 3 4 5 I 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20' 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION N0.. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING A LEASE AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF NEWPORT BEACH RELATING TO.CITY -OWNED WATERFRONT AND SUBMERGED LAND AND THE COUNTY DOCK PROPERTY.. WHErMS,, that certain contract entitled "Lease Agreement." between the County of Orange and the City of Newport Beach,.dated April 1, 1958, has previously.been before the Council and received tentative approval on February 24, 1958; and WHEREAS, the City Council ordered that said Lease Agree- ment be submitted to the electors of the City at the general municipal - election on April 8, 1958; and WHEREAS, said Lease Agreement has been approved by the Board of Supervisors of Orange.County arid its execution by the County authorized; NOW, THEREFORE, BE IT RESOLVED that the Mayor and.City' Clerk are hereby authorized and directed to execute said Lease Agreement on behalf of the City of Newport Beach. This iesolution was adopted by the City Council of the City of Newport Beach at a regular meeting on the 10th day of March, 1958, by the following vote, to wit: AYES, COUNCILMEN: / ��7_if - -� l�.t 7 /,Ifw NOES, COUNCILMEN: ABSENT COUNCILMEN: V! . c A� Yr ,: N. � 4ILLIL city Clerk Mayor FVER,ETTP S.11 BR,UNZELL CORP. RECE B POST OPFICE BOX 1827 RENO, NEVADA GENERAL, CONTRACTOR, FAIRVIEWa -M7 December 29, 1967 City of Newport Beach City Hall 3300 West Newport Blvd:, Newport Beach, Calif. Reference: Newport Arches Marina Newport Beach, California Gentlemen:- s The 1965 General Session of the Legislature added Section 7018.: to the Contractors License Law, (B & P Code, Div.-3, Chap. 9) which provides as follows: "7018. On or.before June 30, 1966, the board shall prescribe a , form entitled "Notice" which shall describe the pertinent. provisions of this state's lien laws. Each contractor licensed l under this chapter,'prior to receiving from the owner of property or his agent any payment for work for which a contractor's license . is required, shall give a copy of this "Notice" to the payor.(Added 1965)" Pursuant to the requirements of Section 7018, we herewith serve upon you the following; i NOTICE, "Under the Mechanics' Lien Law (California Code of Civil Procedure, Section 1181 et seq.), any contractor, sub - contractor, laborer, supplier or other person who helps to.improve your property but is not paid for his work or supplies,.has a right to enforce a claim against your property. This means that, after a court hearing, your property could be sold by a court officer and the proceeds of the.sale used to satisfy the indebtedness. This can happen even if you have paid your own contractor in full, if the sub- contractor, laborer, or supplier remains unpaid." The foregoing "Notice" refers to the contruction of: An Office Building, "A located at 3330 West Coast Highway, Newport Beach, California, City County Dock Property. . See attached property description. Exhibit A This is not a "Notice that the undersigned has not been or does not expect to be paid, but a notice required by law that the undersigned may, at a future date, claim a lien as provided by law against the property if the undersigned is not paid. . V truly yours, � ►� Pte. -,,.�, � �d lua,�. �, . - e ne 1e orpora a ecre ary ° `• it1:Y2Z'i "fill 1 Ian '!.n t1.0 (:l tv of i^ J i +� .TjC.' ch' : County Four Paa cc o2 z -' ®� �:A LIPSfC, �L2t.:.ei. f3 �`,.'. 1', rt rJl +Ix'ia, d)CLtl :1 tJOYt7C,l? `e1 ^O,c on ^1'...(j e•c,,A. g�._l !) rtr ^7SJ �, 1; a_ foZICJC.'S,, r, ." �e3rn3n ni .n p�oti:slt on t2ark x ° ^te.Zy p-ne of }rciL Tr o Fi ct_ Pdoe 9Z9r no sai.d tract ali I 1°tazx utTo11 a t,aP , es of c ?nu ar_, iH3ec €Silnn °ota r,4at1 Boot, '"c1, P affes ^z , n ^., 9, ,; Si cj ni I:ecorcd .T. snid,plo'lnt 13o.i.r9 d1� :t,a..t (30.0) foot r.aeasweed aa1ong S, _L t1 westerly Zino of ' 0I p b { ,Oc Bull, Z,Di Y, �lrl no llea.a ` Stn Von No 1,I., nrcl 1.?�li; .ra^ •aic? AJ t,, 1u1''1)Pild ?, nc^ n?`' stations caul: :9a11 �,.i10': ?n ta'lOn a tT4a li t' 1'.}e,:l 'Ma2'T•)C)_ *s.l ne:= y :de �JT)Or"t pity, - A9 5l narbnr41, -aplox vod by the tSocretal. "y ®:�. tile Army, I'•C ;JT:'r1c i �•t, ,. . 73. S. Di. 9't.r i.et A;lI` @�. ^>t_ Caltarn ila a ; a rn +di aA;4 1. ? a1a .'L'h) <?urj 11!:1 not nts� 1J0 21 Pi h- 00' a; them ®.t,© ^tea 1y nl rPfv a rurrro c onca o to 3) k .:ra a'rh, ancJ- ha =rir. a rndiws of da).:Jent and n Ce)at':ca 1. anr,�.e cr$ 3{,° 7. ' dC„ it, ar.c :distanca of ",7',71, f1e1: to an 1rt:e- ej-Ani'*?.0n I-1 I:h 1:1.o a ^n; °0rlr.).atiO.SC +] Zl, : �, i3ulfs- hoacj 1•,inr.. 1y.1n; ;Se9;vJee *n JJ, 't; p ulMlo•I't thenco' nortltsirrxlc.cl.y al.ors;' :l,t 1c3 [J'; 13xt?PChe ad 7,1110 a c73.stttnCe o1 :.27 tee more or lem:,3 to the snnthoa ;terly COrnOr °A i3trcel No. . 9 ,. c�P. t }in1; , roa t . i to °a ;nrn0nt rde.:lt x•1.i)ocl x11 cleecl to t}e St.j e or Californi a from 1:47e '(.;1ty np Nrx'lk)c,xt a °r:lcdt, rocolcic.d iat ;300'.. °G "0, Page :A, and dated oc•!;obcr 17, 11.)5 , (lj.' i +.a1:l.a l p2ecD:'<d : rxi f':1 t cl ornngo County; thenco n0!tfxo+eatea °AYF n10n; 'd 0 0a ^,cri °il 3'n° o ^iicd1� ,acntioiied. Parc ©l'Jdo, ? to laa izltez:;oct +.nn:xt' th i:he ,()rthen�te :.,,� i,nee .ParcaZ No, 'A; described in doed 1:0 the St:;to of C 13 R 'o = is fron the County o)er' Z7, 1956Jntod c, :1 l Page 50, in - of Oz nn e, 1 eeo� do , Official }ioeorcih Df.Otnno,e f'mnty; thow,0 northonster' a'1 "0r the an7a4,hear:tntAy ., 17' of tar; ,.cj' ;'ax'r,OA PIO. A to t1z0 no st' era . csx ^7 y` c °rnvr , 01 a;1. -.rd p�nl'TC11.; th.Pnce nnl i:f,n,•Ay.'nl0ztr tr:re ca= ;torly `11.kio of 9, of1,. A PTe), 1" '90 an ixztr.r0c2;t .oal x +rpth 9:Pxr1• sout1wr dy Jille oS'' tf,at certain pnrrol'n� lanil:adescribnd in r'.lCcd to t:'ae „tare o" (a11. 0, "•p a -.from the CoRinty 'oh (lTangc ^orcdocj- 'itl Boad:: .'"1:1, Pages 153, and in l.ec =: ,3kkne. ?,9, 1929, O:P?icla7. nocor-" }s 0.9 Coro -0 County; td ekxre. easterly along, the i a ? inter o fgij 1,st motlllod natCOA Of nn t+ sOlG 1 ®r°y �: ?ie e ^ i Section V f:h tk,o tvo>torly 11.110 OR the a: ° <>re•"•r�ealil nrzecP Lot 1 , , o.t saick Z'.rnc't' PJo. 9Z9; 1:Yaence i;.; 110 571 15!' 7. alonf the JestcTl.y line of said ,Lot F.,'to'the'poi.nt °1 °.'}>oTMakxn7.nn:', j Pnrcal '' that ilnra o1 0l' 1aa1 d 1 y1 i1 leetvIcen . the mnktherl,y l.lne of I'arco2 kdo; 1 nr� detrrr 1.Ftoe1 hor. eJ l n an 7 tJxo iJ. S. Flultcheac] L1ine :Jetr:een e i r_ : ions Z2F E1 ancd ?..7t! n 'said U, `}, 21aAt:PxeJ a<1 l.1ne a and `rtati xe are Znid out rand sho: n tij a map t: }4:1.eci ' °J ?ard)or l.ikke,, Now port t r):,y P°al:uor ", , apn°civoci hy.tlacs ^ar:xetnry Of tho army, rej)rnary 13, '0 ",., and on f;].e I In the. IT. ^.,, ]7i�tr.lrt rnrinrcr'n i)1i'iee, Zol; Al'c1es, Cn7.9 "ori3a,.and' '.yin;.*, westo'11117 a,f the vJC ;ier 7y Lino of loot: 1, o; T t t'io. 019, n's zlltocJn>apon a rnapl roc01 <lcid in 811. ;Collalxo�snl Man Cool, ? 33,. 34, Oa?'i.ca.axl. dtecol•d;; of ()1 arl{j 't rc; (:1)Skaxty, Caok ni.a. SUBJECT: rFnRr.F r.euyt DATE; 9/11/61 RE- *SEE -- additional documents and cosr�+cnnnrlrane+p� January 1. 1960 and subseauent._in Ejig #9 SEE SUBJECT: Orange County Dock (File #2) -C- 533... MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA December 22, 1939 A regular mooting of the Board of Supervisors, of Orange County, California, was hold December 22, 1959 at 9:30 A. M. The following named members being present: Willis H. Warner, Chairman; C. M Featherly, William J. Phillips, Win. H. Hiratein, C. M. Nelson and the Clerk. IN REZ. APPROVAL OF EXTENSION OF TIME GEORGE P. CARVER (NEWPORT. TOWERS) CITY OF KMRORT BEACH On motion of Supervisor Nelson, duly seconded and unani- mously carried,, the letter from the City of Newport Beach dated December 17, 1959, approving the extension of time granted George Pe Carver (Newport Towers) by the Board of Supervisors on December 1. 1959, for filing of the surety bond, etc, required under Lease dated May 59 1959, was received and.ordered filed* STATE OF CALIFORNIA, County of 1, L. R. WALLACE, County Clerk and ex-officio Clerk of the Board of Supervisors of Orange County, California, hereby certify the foregoing to be a full, true and correct copy of the minute entry on record in this office. IN WITNESS WHEREOF, I lisivre hereunto set my hand and seal tW 22u4L day of December, 19594 L. B. WALLACE County Clerk and ex- officio Clerk of the Board of 6M 9-59* Supervisors of Orange County, California I December 17, 1959 Board of Supervisors County of Orange Courthouse Santa Ana, California Attention: Supervisor Claire Nelson Gentlemen: The resolution of the Board of Supervisors.of Orange County adopted on December 1, 1959, granting George P. Carver an extension of time for filing the surety bond, required under the Lease.dated May 5, 1959, to not more than 10 days.after approval of the detailed plans by Lessor, extending the time for the start of construc- tion to.within 60 days after said approval of said de- tailed plans, and the tim to present detailed plans and specifications to the Board for approval.to 180 days from and after December 1, 1959, was presented to the Council of the City of Newport Beach at its meeting held December 14i 1959. The extension of time granted by the Board of.Supervisors was approved by said Council. Very truly yours, Margery Schrouder City Clerk MS:mv COUNTY CLERK AND CLERK L. B. WALLACE. COUNTY CLERK OF THE P. O. BOX e8B SUPERIOR COURT, ORANGE COUNTY PHONE KI ]•8811 SANTA ANA. CALIFORNIA December 7, 1959 City of Newport Beach Margery Schrouder, City Clerk 3300 W. Newport Blvd. Newport Beach, California Dear Mrs. Schrouder: I,1' AC8 �Al vg T OF 60 t QTY I am enclosing a certified copy of Resolution No. 59-1300, adopted by the Board of Supervisors of Orange County, California, at a regular meeting on December 1, 1959, granting George P. Carver an extension of time for filing the surety bond, required under the Lease dated May 5, 1959. bi IV �c �o jb Enol. Very truly yours, L. B. WALLACE, County Clerk and ex- officlo Clerk of the board of Supervisors of Orange.County, California. My uty Clerk�. i i u 1 sa c* or, ta DO&W cw suffixmils (w !LIB WilNi• Ct1t ice' RMA i 3. depot 238 ion 4i1 % satim of is is" amtsiny filly se did and l"t the 511 folUming iesolution was adoptadz 8 Add LVig that the Wplr�ivsd of the 'Q ty C ll the Ir' .tty of .. 7 .4�►f r XGW* Vt l�l to tbo . .im Of tJM � 3rs S&Mted to @iO� L * 81 Carver for the filing of a surety bond be received and fLUA. 9 vu. l . f 'fft , 1i. m An WILLIS f. 10 WAS wAsurwas am 11 ���r}q AS$=, dl� di C, C iOATHLIL AM i11ILLIAH J. 12 13i 141 i SUN Or Ci LIMMIA 15 COMM of OAAAW ._ oZ' s °0 A. VAUACR;O CowmV Cloft and ew-ol + CIO* at the Z. 0 17 of �r. of O Comtys C��y ..bo ossUfy �t the U 18 A" f+ io ip1wWtJAM we dnlp !ad harry adopted by the 19 said Dowd at a xavLw of thereat balol an the 23" 4w of 20 Sap s 0590 WA by a umudwom vo of •aid lewd membtra 21Lt. 22 iAi Vrm= VHm"y I ban bamewmm Mtoy head end. meat t'"s 23rd 23 dgw of t mbery 19"V 24 25 CUrtkLmad an Elleto Clerk of the, Dowd of rrisovs of ormovP 28 i 27 28 29 l41q 30 31 32 wo%tum lb, ,5q -1wa September 18, 1959 Honorable Board of Supervisors County of Orange Court House Santa Me, California Gentlemen: The Council of the City of Newport Beach, on September 140 1959, appproved the extension of time requested by George V Carver, lessee for the filing of a surety bond for a period o one hundred days from September 2, 1959 as set forth in your resolution of September 1, f959. Very truly yours, Merger y Schrouder City Clerk City of Newport Beach MOM Ashton, Drohan and Morgan LAWYERS���' .HARRY ASHTON SUITE 206f; y. (LING 'ADDRESS FRANCIS E. DROHAN 3314j5 NE.PORTj v BOULEVARD \ P. O. BOX 426 NTED C. MORGAN "Tort B,aLC, , EUGENE J. LANDAU ORIOLE 3 -7160 September 1, 1959 RECEIVED Honorable Mayor and City Council SEP 1 '59 City of Newport Beach Newport Beach, California CITY CLERK Gentlemen: CITY OF IV 6 vvp0RT BEACH The following letter was submitted to the County Board of Supervisors today: "Gentlemen: We are happy to inform you that Trautwein Brothers was the successful bidder on the bulkhead and will start work tomorrow in accordance with the schedule established in the lease agreement. The plans and_speoifications on the other improvements are being prepared and will be submitted for approval per the ebhedule called for in the lease. We have determined that the surety bond required cannot be obtained until the complete plans and specifica- tions are approved by all parties concerned. Therefore, we request that we be given ten days after the plans and specifications are approved to submit the surety bond and that we not be-hold in default on the lease as regards the bond until after that time. kened; George P. Carver" Hpon consideration the Supervisors extended the time for filinp of this surety bond one hundred (100) days, sub- ject to the approval of your body. We would appreciate this approval at your next meeting. 1`kr CPC: jh cN Ott,: J` Ss � 1 Sincerely, George P. Carver COUNTY CLERK AND CLERK L. B. WALLACE.COUNTY CLERK OF THE P. O. BOX 8s8 SUPERIOR COURT, ORANGE COUNTY PHONE KI 7.99H BANTA ANA, CALIFORNIA September 11, 1959 �- 10 59� City of Newport Beach ,. Margery Schrouder, City Clerk �,w,�Npyttr 3300 W. Newport Blvd. �s~ Newport Beach, California Dear Mrs. Schrouder: I am enclosing a certified copy of Resolution No. 59 -961, adopted September 1, 1959, at a regular meeting of the Board of Supervisors of Orange County, California, granting the request of Mr. George P. Carver, for an extention of time to file the surety bond, as required by the Lease. The above request is granted subject to the approval by the City Council of the City of Newport Beach. Very truly yours, L. B. WALLACE, County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California. 01 jb Encl. Deputy Clerk. 1 2 3 41 5'. 6 7 8 9 10 11 12 13 14 J W' 15 2i ODD a °° 16 iau 62 OZZ` =U 17 0 18 19 20 21 22 24 25 26 27 28 29 31 32 #t880[.mcm Or THE Dom or SOPEMSM tr flRAME c mm, CAL2ITCWU September 10 M9 Lin smtion Of SmparvisW Nelson, duly woman& A and 'carried, the following Resolution Was adopted: Mums the County of Orange, as Lessor -q anteered Late the Lease with Caorgs P. Carwr, as Lessee, on the Sth day of May, 1939, and won"a me of the terms of said Lease yrovid" that do surety bond sheuid be filed within 120 days gram► the data of said Lease, and WWWO the Les"S in "IA Leafs has requested that the time. few filing said bond be eateedrd for a period of 100 days free September 2,' 1939, aced WSOM", it appears that goad cause exists for amah extension of time, 1'83W, TAE, U IT RLSCLVZDt 1, That Gear" P. Gtwr, Lossoe, be and be is hereby granted a period of 100 days for am extension of time from and after Septamber 21 19399 within. which to file said surety bond with this Soard of SUPW- viaera;. 2. 2Mt the extension of time heroin granted shall beeamis off" tive.enly if the sans is qWravod by the City Council of the City of Newport Brach.. AYSga SUMVISM C. K...IRLSONO C. M. FUTIMLY, WILLIM J ■.��a Mau"S, WK. R. hiiRSTSZti An WITJ.IS S. �� IMBSI ShtMVISM tICQOi ASSdt s SUPOMSM STM CIS CAUFUUTTA ee.. Caum . C19 CIRAMM 19, L. B. WALLAeC6, Ceuaty Clark Sud *X- afficio Clerk of the Board of Supervisors of Creme C ants, California, hereby certify.:tbat the abow and foregoing Romalutioa rwSr &dy and regtisrly adopted by the Resolution no. 59-%l 1 >, J V 2 3 4 5? 6' 7 0! 10 11 12 13 14 J mt 15Z mF `o m00 �� 16u >su oZi go` 17 V- 18 19 20 21 25 26 Ij j) Mss. COW11 618 GRA NO h 'L, 5, NAWAC3, County Clark sad ex-off#aiO Clark of the Board. of ftpwmLsort of Oraass Camtys Cslifosaias b wrsby eartify that do above ssA forapIft Usolutlaw ves, dinar add raglarly adopted by the said soaud .a as adjourned ■ostjis, thereof bold ge the 24th dayr.of Auggats 29599 sad passed by a '"aalasas vats.of seLd Board. IN WrI 80 S .2 have bereviato Rat or head asrd seal this 14" day of AvBwt, 1959. T' s 7 8 9 10 11 12 13� 14 �J 15 mF 0000 mU m ' 18 �Zi 00 17 U. 18 19 20 21 22 23 24 25 2s 27 28 29 30 31 32 r 1. .I 11 2 3 4 5 8 7 8 9 10 11 13',. 14' J ' `> 180f z o» muu UV 18 6Yp O=4 ao 17 U 18 19 20 21 22 23 24 28 28 27 28 29 30 31 �r COUNTY CLERK AND CLERK L. B. WALLACE. COUNTY CLERK OF THE P. O. BOX 888 SUPERIOR COURT, ORANGE COUNTY`�9U101: �9 SANTA ANA. CALIFORNIA July 27, 1959 City of Newport Beach Margery Sohrouder, City Clerk 3300 W. Newport Blvd. Newport Beach, California Dear Mrs. Sohrouder: PHONE KI CITY CIA41l: QITX OF NOw: °r�,zT sp' --'Uv: / ply ,\ 1LE• _ Aim I am nclosing certified copies of v c^ Res -792 dated July 14, 19591 Resolution No- 59802_) dated July 15 . , 1959, Resolution�No. 59 -816,� dated July 211 1959 and is _ copy-of i Minute Order,,' ted July 21, 1959, adopt and passed at a regular meeting o Board of ervisors of Orange County, California. Ve truly yours CAI C�0'a/� ,ao jb Encl. ry , L. B. WALLACE, County Clerk and ea- officio Clerk of the Board of Supervisors of Orange County, California. BY Deputy Cle ' Al WOO 2w OeN v, 44OR: 1 co ir wow wiJ ilm fell Iq 1 2 3 4 5 6 7 8 9 10 .: 11 12 13 14 J m' 15 m Zi p]] . Oo uutl 16 'uIz Oz ' 0 17 0 u I 19 20 21 22 23 24 25 26 27 28 29 30 31 32 11 W� August 11, 1959 Ronorable Mayor @ City Counoil Newport Beach, California. F �• Gentlemen: I am submitting n of the lease Dock property. REt " : 1 V F D 4 ,Z AUG 11'59 6r; :J CITY 9F tv6 yt k QR7' 9PACH herewith a modification of Clause Of May 5, 1959, of the County This modification merely,clarifies the rights of a mortragee or beneficiary of a Trust Deed riven as security for a building and is essential to ob- taining such loan, County Counsel advises that City Council approval should be had before approval by Supervisors. They approved the same in principal on August 4g 1959. Your early action will be appreciated. EA: me Sincerely. AS By c .s33 Aston, Drown and Morgan L A W V E R S HARRY ASHTON SUITE 206 MAILING ADDRESS FRANCIS E. OROHAN 33�4T5 NEWPORT BOULEVARD P. O. BOX 428 TED C. MORGAN 7 ��L'EVARD NF�DDAB EUGENE J. LANDAU _ r __ ..h,Gd1l,.a ORI.LC 30160 11 W� August 11, 1959 Ronorable Mayor @ City Counoil Newport Beach, California. F �• Gentlemen: I am submitting n of the lease Dock property. REt " : 1 V F D 4 ,Z AUG 11'59 6r; :J CITY 9F tv6 yt k QR7' 9PACH herewith a modification of Clause Of May 5, 1959, of the County This modification merely,clarifies the rights of a mortragee or beneficiary of a Trust Deed riven as security for a building and is essential to ob- taining such loan, County Counsel advises that City Council approval should be had before approval by Supervisors. They approved the same in principal on August 4g 1959. Your early action will be appreciated. EA: me Sincerely. AS By c .s33 KrRIF RSI off ITAt"ItITY, 4 GU..0 CIS , �a]katdG3�LM�:N' AB&SNP , ,y_ , WP.Ft SrATE of a:AFaORl A ) ss cout y OF dt W, —E 1,, Margery Sehroude€ i City Clark and ex -affcio Clexh of the City Co4v it of 'the City of Neupc:rt 8cach., tokifornia+, herohy certify the foregoing too be a fuli,, true aAd Correct cap. 010 y of "e mineto entry an, rocord id. this office. th 'Witness Whereof, X ,have hereutito sec tv hand' and aeal this � w'' day of Margery' Sohraudkr,, ZCy e st C the 'City of Negport Beach, Orange County, Califat -da 12 ut 14 15 Liu 17 po V LN 3z 31 32 -A KZ "nAZIl Cif WZv�= C� "-',;GO -GO I, C47 Mf a"n -.9 in om R-lTJ' ='�Y7xL It 14] ar� A 3s a? -zfC'm", r4n-'-!fx'- cm"Z.�.- t3l _lj 2S 20 26! 27 3211 • + y *COUNTY CLERK AND CLERK CS 3 L. B. WALLACE, COUNTY CLERK OF THE P. o. sox sae. SUPERIOR COURT, ORANGE COUNTY PHONE KI 7-8811 SANTA ANA, CALIFORNIA May 8, 195 9 REC��v ED Mph 11 `fig City of Newport Beach Margery Schrouder, City Clerk c11'f (;L`'I K ;,ex� rr 3300 W. Newport Blvd. CITY of N, k V Newport Beach, California Dear Mrs. Schrouder: I am enclosing a copy of the Lease dated May 5, 1959, between the County of Orange and George P. Carver, for that certain property situated in the City of Newport Beach, known as the "Dock Propertyl, together with a certified copy of Resolution No. 59 -533, giving notice of the execution of said Lease. Very truly yours, L. B. WALLACE, County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California. Deputy ib Encl. nn y Q ,ay 2 couil CAUPORM <f 3 3t $ 4 €5161, NMI= ag ampervtow **loan* &AY Md i"t the 5 I+ul tom tai: 6 in N&ftb 20 19 "t a Jmdpmt,uw >f md Gotaxod is 7 CCAp6yUfou" t $A #" AM "o At��6y1 W t 8 ;t1�6�6.� `Q rt jj Of IS ULN 'Ot lift MUM" 4 �. 9 .10 0400 Xo* 0376# S" XQOAft the o 11 i *UAw".by gUs bowd of •. awt"s 12 pbir' SjoMtM& ,A kko City of ,. gaaWaay kXWM " %ho .13 TM $ . Carvw um tp161," miA pv"wt md 14 ',t $Imp"&a yof J Z15 m i ad .4 � W iii O00 .0 v 16 ; iwtW W7.�' oft z'o 0 17 > b rp I1pY1R .> A + 11136 to AML4 bobalf 18 of no ewjuq of a t :all the 6= bwoft `+N by 19 this t a OW of 16bA" f6 = ILla ladt the Clock of tug sestdo 20 09.011 those Eowtais i Lo"a t8'. Oooqp P Ca9vow, ► 21 gg Ir 'A AMOLWO A th" QW Cif *A 22 be be i 11 bwaby ' ! Awd "X** to $Ivo wiltsm ofts" of 23 of wAd . to Gooqp Pp cArv"t addr o" " fallo"a 25 c/o Asul.004 ftob" and NorabWAL 3AS AIVC 26il>#. 27 TkW 64tUW iull be by rasist4wed =;t rows* covo4u . 28 Ayes: SUM VIN" . • M. UAAWO co r MAMUY WULUX J. AM 29 30 i1GS% Si* ,S 31 . AA&LXT: Spay 32 As"JutLaD le. 1"33 1. 19 !4! 23 24 25 26 3. sun of t4 j A 2 QTY OF { 3 1* L. S. WAUA", OWAMW Glwk Aid to Clark of ttm B 4 of ftperAamrg, of 09~ err, c &iii, UWAby 5 AWW =4 Ali/ @I"U0 W* &Aly d d ressuff3y by d 6 "lA at a versUw mast "I b*IA on Cb ,$%b dw es s 7 1$ 4s mid " by a wa=Lmftw Vote of Hid. 9 3L9� of Aws ISS99 10 11 Cousaw Z OW 90410 (;Lwk of the be d of amparvLws of Otsav 12 I CemmWj C$U" 13 14 J m 15 i' Z Z 000 muu V W 16 •Y o 2Z 0 2l 00 17 U 18 19 !4! 23 24 25 26 3. "7 1 2 3' 4 5 e 7, 8 9 10 11 12 1$ 14 15 is 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 I- 6 0 THIS LEASE, made and entered into this 5th day of may , 1959, between the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "LESSOR ", and GEORGE P. CARVER,' hereinafter referred to as "LESSEE ", W I T N E S S E T H s In consideration of the rents herein reserved and of the covenants and agreements herein contained to be kept and performed by the LESSEE, the LESSOR hereby leases to the LESSEE, for the pur- poses hereinafter.set forth, the following described lands situated in the County of Orange, State of California: Parcel No, 1 A parcel of land situated.in the City of Newport Beach, beang a pportion of Section.28, T -6 -S, R -10 -W, S,B.B.M. and Lot 172, Block 1, Irvine Sub - Division as shown on a map recorded in Map Book l., Page 88, Official Records of Orange County and more-particularly described as follows to wits Beginning at a point on the westerly line of Lot L of Tract Noe 919, as said tract is laid out and shown upon a map recorded in Miscellaneous Map.Book 29, Pages 31, 32, 33, 34, Official Records of Orange Countyy, Cali- fornia, said westerly line bears N. 11° 57' 35" E., said point being distant 60.00 feet measured along said west- erly line of Lot L and northerly of U.S. Bulkhead Line between U.S. Bulkhead Station No. 128 and 128A, as said 'U.S. Bulkhead Lines and Stations are laid out and shown upon a mapp titled "Harbor Lines, Newport Bay Harbor"- approved by the Secretary of the Army, February 15. 951, and on file in the U.S. District Engineer's Office, Los Angeles, California, a radial line through said.points bears N. 250 00' E; thence westerly along a curve concave to the South, and having a radius of 480 feet and a cen- tral angle of 46" 16' 46" an arc distance of 387.71 feet to an intersection with the aforementioned U.S. Bulk- head Line lying between U.S, Bulkhead Stations No, 128 and 227B; thence northwesterly along said U.S. Bulkhead Line a distance of 49..27 feet more or less to the southeasterly corner of'Parcel No. 2 of that cer- tain easement described in deed to the State of Califor- nia from the City of Newport Beach, recorded in Book 3680, Page 54, and dated October 17, 1956, Official Records of said Orange County; thence northeasterly along the easterly line of said last mentioned Parcel e 9 10 11 12 13 14 is 18 17 18' 19 20 21 22 23 24 25 26 27 28 29 30 31 32 6 • No. 2 to an intersection with the southeasterly line of Parcel No. It described in deed to the State of California from the County of Orange, recorded in Book 3680, Page 50, and dated October 17, 1956,.Official Records of Orange County; thence northeasterly along the southeasterly line of said Parcel No. 1 to the.most easterly corner of said parcel; thence northerly along the easterly line of said Parcel No. 1 to an intersec- tion with the southerly line of that certain parcel of land described in deed to the State of California from the County of Orange recorded in Book 293, Page 158, and dated June 29, 1929, Official. Records of Orange County; thence easterly along the southerly line of said last mentioned .parcel of land to an intersection with the westerly line of the aforementioned Lot L, of said Tract No. 919; thence S. 110 57' 35" W, along the westerly line of said Lot L. to the point of beginning. Parcel No, 2 A parcel of land situated in. the City of Newport ,Beach, being a portion of Section 28, T -6 -S, R -10 -W, S,B.B.M. or Lot 172, Block 1, Irvine Sub - Division, as shown on a map recorded in Map Book 1, Page 88, Official Records of Orange County and more particularly described as follows, to wits All that'parcel of land lying between the southerly line of Parcel No; l as described herein and the U.S.: Bulkhead Line between Stations 128A and 227A as said U,S. Bulkhead Lines and Stations are laid out and shown upon a map titled "Harbor Lines, Newport Bay Harbor" approved by the Secretary of the Army, February 15,1951, and on file in the U.S. District Engineer's Office, Los' Angeles, California, and lying westerly of the westerly line of Lot,L of Tract No. 919,.as shown upon a map re- corded in.Miscelloneous Map Book 29, Pages 31, 32, 33, 34, Official Records of Orange County, California. Parcel No. 3 A parcel of land situated in the City of Newport Beach ", being a portion of•Section 28, T -6 -S, R -10 -W. S.B.B.Mo and more particularly described as follows to wits Beginning at the U.S. Bulkhead Station No. 227A as U.S. Bulkhead Lines and Stations are laid out and shown'' upon a map titled "Harbor Lines,.Newport Bay .Harbor" approved by the Secretaryy of the Army, February 151 19516 and on file in.the U.S. District Engineer's Office, Los Angeles, Californiai thence northwesterly aiong'the north - westerly prolongation of the U,S. Bulkhead Line between U.S. Bulkhead Stations No, 227A and 2278 in a.direct line to the northeast corner of that certain .parcel of land described in deed 'to the State of California from the City of Newport Beachg recorded in Book 3111, Page 125, and dated June 12, 1955, Official Records of Orange County, California; thence generally southwest- erly along the boundary of said last mentioned.parcel to 2. 1 2 3 4 B 6 7 8 9 10 11 12 13 14 18 I'I is 17 1$' 19 20 211 22 23' 24 28 28 27 28 29 30 31 32 i • the most southerly corner thereof= thence northeasterly along the southwesterly prolongation.of the northwest- erly line of said parcel of land to an intersection with the North Channel Reservation Line as recorded in Book 162, Page 1, Official Records of said Orange County= thence southeasterly along said Channel Reservation Line and its northeasterly prolongation to the U.S.Bulkhead Station No. 266A as said Bulkhead Stations are laid out and shown upon a map titled "Harbor Lines, Newport Bay Harbor"; thence northeasterly along U.S. Bulkhead Line between U.S. Bulkhead Stations No. 266A and 227A a dis- tance of 87 feet= thence northeasterly in a direct line to.U.S. Bulkhead Station No. 227Bi thence northwesterly along U.S. Bulkhead Line to U.S. Bulkhead Station No. 227A, the point of beginning. I This Lease shall be for a term commencing on the date of execution thereof and ending-on June 30, 2008. ■ �Ll J; t�17�u11��F7iT�a�w�1� i�[= 7��•c�.+ia•J BY THE LESSEE LESSEE covenants and agrees that it Will, at its sole cost and expense and within the time and in the manner hereafter set forth, construct the following improvements: 1. 'Construct a bulkhead from the east line of the subject property to the west end of the cut -off wall westerly of the State Highway bridge in accordance with plans and specifications therefor adopted by the Board of Supervisors and now on file.in the office of the County Clerk. Said work to be commenced within 120 days and shall be diligently prosecuted to completion. LESSEE to construct equip and operate or cause to be constructed, equipped and operated the following improvementst 3. I, 1 2 3 4 S 6 7 8 9 10 11 12 13 141 18 18 17 18 19 20 21 22 23 24 28 26 27 28 29 30 31 32 Said furnishings,,equipment and description of the business to be conducted are more specifically described in the proposal submitted by LESSEE, which .proposal is now on file in the office of the County Clerk of Orange County and by this reference made a part of this Lease. 4. �(uj�,�jOVEMENTS Estimated 1. Motel - 36 modern units with approximately oat 400 sq, ft, each 298,800.00 2. Tower Building - consisting of a. Coffee Shop b. Sky Room Restaurant 8 Bar 1901000.00 c. 12 Professional Offices .1680400.00 de 16 Apartments 389,000.00 e. Commercial Area 73,60U.00 f. Glass Elevator 609000.00 3. Commercial Building consists of 5 stores 490000,00 4, Boat Slips $ Bulkhead 890420.00 5. Clubhouse '.consisting of Service Bar 95.360.00 (food 8 drink) Assembly Hall Pool & Recreation facilities 100000.00 6. Ground Improvements. Parking (basement 8 ground level) 190,260.00 Walks - Patio, Decks, etc. 11.100.00 Sub Total $ 1,6240960.00 ESTIMATED COST OF FURNITURE 8-FIXTURES Cost 1. Motel - Comp. Furnishing 390600.00 2, Tower Building - Furniture 8 Kitchen facilities - Coffee Shop 1500000,00 - Furniture 8 Kitchen facilities - Sky Room 650000.00 Professional Office $ ('12) - F oor cover 8 drapes for t and (d 270700.00 Lobby 26000,00 5. Clubhouse - Furniture 8 Service facilities 4,500.00 Rental Equipment X5.000.00 $ 168,800.00 Said furnishings,,equipment and description of the business to be conducted are more specifically described in the proposal submitted by LESSEE, which .proposal is now on file in the office of the County Clerk of Orange County and by this reference made a part of this Lease. 4. 1 LESSEE agrees to commence the construction of the improvements. 2 other than the construction of the bulkhead, within 270 days and to 3 diligently prosecute said work to completion. 4 2. Lretailei Plans and Snecificat.19M. The LESSEE covenants 5 and agrees that within 210 days after the execution of this Lease, 6 it will, at its own expense, prepare or cause to be prepared, and 7 delivered to the LESSOR detailed plans and specifications for all of 8 the buildings'..and improvements, including landscaping, herein required 9 to be constructed or performed by the LESSEE. Before commencement of to construction or performance of the work, the detailed plans and speci- 11 fications must be approved by the LESSOR. 12 30 Strict Comnlianc :ith Plans an�_SreCif. bons. All of 13 said buildings and improvements, including landscaping, shall be con - 14 strutted, equipped and performed in strict accordance with the detailed 15 plans and specifications approved by LESSOR, and within the time here - g16 inbefore specified. If the LESSEE be delayed in the construction and 17 completion of said buildings and improvements by acts of Clod, strikes 18 or other causes beyond the control of the LESSEE, the time for comple- 19 tion shall be extended by the length of such delay or delays. 20 Said buildings, improvements, and .landscaping shall be con - 21 strutted and performed in compliance with the applicable laws, ordi- 22 nances, rules and regulations of the State of California, County of 23 Orange, and City of Newport Beach and other lawful authority having 24 jurisdiction. 25 4.J9Yl1>i.9fiLfi�i1 °ors LESSEE agrees to employ at its 26 expense a qualified inspector whose qualifications are satisfactory to 27 the Superintendent of Building and Safety, County of Orange, and the 28 Director of Building.and Safety, City of Newport Beach, who will 29 maintain on -site inspection during the period of construction and 30 immediately report any deviation from the plans and specifications 31 or applicable laws to the LESSOR or any authority having jurisdiction. 32 g, f 1 2 3 4 5 e 7 8', 9', 10i 11 12 13 14 €� 18 17 18 19 20 21 22 23 24 25 28 27 28 29 30 31 32 5. Construction Costs, LESSEE covenants and agrees that the actual costs of the buildings, improvements and landscaping herein required to be constructed and performed,by the LESSEE shall be not less than the estimated costs thereof, excluding architect's, engineer's, inspector's or attorney's fees or any other costs not involved in the direct construction or performance of work herein required, as sub- mitted with its bid. Immediately upon completion, LESSEE shall furnish LESSOR an itemized statement of the actual costs of construction of all buildings, improvements and landscaping work herein required,of the LESSEE. The statement shall be subscribed and sworn to by an author - ized officer of the LESSEE, 6. -Imgrogm -nts_ o Bgggme p1;gDBrty of LESSOR, All buildings and improvements constructed or, placed upon the leased premises by LESSEE must, upon completion, be free and clear of all liens, claim or liability for labor or material and shall become the property of the landowner at the expiration of this Lease or sooner termination thereof. III 1. LESSEE covenants and agrees to pay each month to LESSOR during the term hereof, a minimum rental of $600.00 per month for the first 36 months, and $2,5UU.UU per month thereafter during the term of this Lease. 2..R.arealtaae Rer tale For each "accounting year ", as herein- after defined, of the term hereof, LESSEE covenants and agrees to pay to LESSOR, at the time and in the manner hereinafter provided, an amount equal to the total of the following percentages of the gross sales or gross receipts from any and all businesses, operations, concessions, or activities conducted on or from the leased premises to the extent that such total exceeds the minimum rental herein reserved. 6, 1 2 3 4 5 8 7 8 9 10 11 12 13 14 it 15 leg 18 17 181 19 20 21 22 23 24 25 28 27 28 29 30 31 32 DESCRIPTION OF.BLISINESSES CONDJCTED A. Motel Apartments, Offices (based on rent, not on gross business), Boat Slips, Boat Rentals, Club membership, etc. - 3% B. Bars, Restaurant, Coffee Shop, Liquor Store, Delicatessen,. etc. - 3% C. Gift Shop, Florist, Berber Shop, etc. - 2% D. Men's and Women's Clothing, Sporting Goods, Marine Hardware, etc. - - 2% E. Drugs, Notions, etc. - 1% 3. Definition of Gross SSales or Gross Receigtg. The term "gross sales" or "gross receipts" upon which the percentage rentals are to be based schall includes (a) The sale price of all goods, wares, merchandise or products sold on or from the leased premises, whether sold by the LESSEE, its agents, sublessees, concessionaires or licensees, or whether for cash or on credit, and in case of sales on credit, whether payment is actually made or not. (b) The charges made by the LESSEE, its agents, sublessees, concessionaires or licensees for the sale or rendition on or from the leased premises of services of any nature or kind whatsoever, whether for cash or on credit and in case of credit, whether payment is actually made or not. (c) All admission, entry and other fees of any nature-or kind charged by LESSEE, its agents, sublessees, concessionaires or licensees. (d) .,.Sums received by LESSEE, its agents, sublessees, con- cessionaires or licensees from any coin- operated machines or devices maintained on said premises. The term "gross sales" or "gross receipts" shall not include any sales or excise taxes levied by Federal, State, County or municipal governments which are paid by the consumer. or receipts for goods returned. 7. r. 1 2 3 4 5 6 7 8 9', 10', 11 i2 13 14 d 15 E88 16 " 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 4. Definition of "Accounting Year ". The term "accounting year" as used herein, shall mean a period of twelve (12) consecutive calendar months, the first "accounting year" commencing concurrently with the execution of this Lease and ending on December 31, 1959; thereafter the "accounting year" shall be the consecutive twelve (12) calendar months from January 1 to December 31 of the ensuing year. 5. Payment of Pe=can age RBDtals. LESSEE covenants and agrees that on or before the 15th day of January of each year during the term hereof, it will render.to the LESSOR, a full and correct statement of all gross sales and gross receipts for the preceding accounting year (the first report to be filed on or before January 15, 1960, for the period commencing with execution of the Lease to December 31, 1959) showing: (a). The total.grose sales and gross receipts itemized as to each of.the separate categories of gross sales and gross receipts upon which the percentage rental herein reserved is based. (b) The total amount of percentage rental computed as herein provided. (c) The total rental paid by LESSEE during the accounting year. (d) The total rental due the County computed in accordance with the provisions of this Lease, whether minimum rental or percentage rental. If the amount of the percentage rental computed as herein provided exceeds the minimum rental herein required to be.paid during . the accounting year, LESSEE covenants and agrees to pay, concurrently with the rendering of such statement, the amount by which the percents rental exceeds the minimum rental required to be paid, together with any minimum rental due and unpaid for said accounting year. 8. M M 11 12 13 14 ;� 15 o >> €$ 16 o $0 17 16 19 20 21 22 23 24 25 26 27 26 29 30 31 32 60 Place of Payment and Filing. All rentals shall be payable at and all statements and reports herein required shall be filed with the office of the Clerk of the Hoard of Supervisors of the.County of Orange, Court House, Santa Ana, California. Rentals shall.be made payable to the County of Orange. 70 nauent Installment. Any installment of rental which shall not be paid when due shall bear interest at the rate of 7% per annum from the day'when the same is PaYable hereunder until the same shall be paid, 9. 1 IV 2 RECORDS AND ACCOUNTS 3 1. Accounts and Records. LESSEE covenants and agrees that it 41 will, at all times during the term of this Lease, keep or cause to be 5 kept true and complete books, records and accounts of all financial e transactions in the operation of all businesses, concessions, services, 7 and activities of whatever nature conducted on or from said premises, 8 The records must be supported by documents from which the original 9 entry of the transaction was made, including sales slips, cash register 10 tapes, and purchase invoices. 11 All sales and charges shall be recorded by means of cash 12 registers which display to the customers the amounts of the transac- 13 tions and automatically issue receipts certifying the amounts recorded. 14 The registers shall be equipped with devices which lock in sales total, d It 15 transaction records, or counters which are not resettable and which E� "$ 1s shall record on tapes the transaction numbers and sales details. Cash 17 register readings shall be recorded at the beginning and end of each 18 day, 19 LESSEE covenants and agrees that it will comply with and 20 require all of its sublessees, concessionaires, licensees, agents and 21 employees to comply with the foregoing requirements. 22 2. Monthly Reports. LESSEE covenants and agrees to deliver 23 to the LESSOR, not later than the 15th day of each month, a true and 24 correct statement of all gross sales and gross receipts for the pre - 25 ceding calendar month, showing separately: 28 (a) The gross sales and gross receipts from each business, 27 concession, service or activity conducted on or from said 28 premises. 29 (b) The total gross sales and gross receipts itemized as 30 to each of the separate categories of gross sales and gross 31 receipts upon which the percentage.rentals herein reserved 32 are based. 10. 1 3. Inspection of Records. All books, records and accounts of 2 every kind or nature kept by the LESSEE, its sublessees, agents or 3 employees, licensees or concessionaires relating to the operation of 4 any business, concession, service or activity conducted on or from 5 said premises shall, at all reasonable times, be open and made avail - 6 able for inspection or audit by the LESSOR, its agents or employees, 7 upon request. 8 4, Audit. LESSOR shall have the right to audit any or all 9 such books, records and accounts for the purpose of verifying the 10 percentage rentals required to be paid to the LESSOR hereunder. If 11 such audit shall show that the percentage rental required to be paid 12 the LESSOR is greater than the amount reported or paid by LESSEE, 13 LESSEE covenants and.agrees to pay the costs of the audit; otherwise 14 such coats shall be borne by the LESSOR. LESSOR reserves the right to aZ 15 install any accounting devices or machines, with or without personnel, p$8 0Z: 16 for the purpose of accounting or audit. 0 17 18 V 19 BOND 20 1. Bond to be Filed. LESSEE covenants and agrees that it will 21 within 120 calendar days after the execution of this Lease by both 22 parties, deposit with the LESSOR the following bond which has been 23 approved by LESSOR: 24 (a) Bond for Construction of Improvements. A good and 25 sufficient corporate surety bond in favor of the County o 26 Orange in the sum of $1,800,000.00 conditioned that the 27 LESSEE will construct and equip the building and improve - 28 ments herein required to be constructed by the LESSEE, all 29 in strict accordance with the plans and specifications there - 30 for, and within the time herein required, and to pay all 31' costs of labor and materials therefor. The bond shall remain 32 in full force and effect until final completion of all of 11 i 1 the buildings and improvements which LESSEE has covenanted I 2 to construct and until all costs therefor have been fully 3 paid. The form of the bond and the surety shall be subject 4 to the approval of the LESSOR. 5 2. Lease Ineffective Until Bonds Filed. This Lease shall be 8 of no force or effect and LESSEE shall acquire no right, title or 7 interest in or to the lands herein described or any part thereof, or 8 any right or privilege hereunder unless the LESSEE shall have deposited 9 the bond. 10 11 VI 12 MAINTENANCE OF LANDSCAPING AND IMPROVEMENTS. 13 1. LESSEE to Maintain all Landscaping, Buildings and Improve - 14 ments. LESSEE covenants and agrees that during the term of this Lease 15 it will, at its own cost and expense, maintain the.grounds, landscaping. 18 and all buildings, and any other improvements of any kind or nature 17 constructed or installed on the leased premises by the LESSEE, at a 18 high standard of maintenance and repair. Maintenance shall include 18 painting. 20 2. LESSOR May Elect to Repair and Maintain at Expense of 21 LESSEE. If, in the judgment of the LESSOR, such standards of main - 22 tanance and repair are not being maintained, it may.st its option, 23 after written notice thereof to the LESSEE and LESSEE'S failure 24 to commence in good faith to remedy the same within the time herein 25 provided and thereafter diligently.prosecute the same to completion, 28 elect to correct any deficiency, whether it be.in reference to grounds, 27 landscaping, building or improvements. LESSEE covenants and agrees to 28 pay to the LESSOR on demand any and all sums expended by it in correct - 29 ing any such deficiency together with an equal sum as liquidated 30 damages by reason of LESSEE'S failure to perform and keep this covenant 31 1 If, in the judgment of the LESSOR, the disrepair or lack of maintenance 32 constitutes an emergency, the notice herein provided shall be a 12. 1 0 9 24- hours" notice to remedy; in all other cases it shall be a 5 -days' 211 notice. 3 4 5 6 7 8 9 10 11 12 13 14 15 s� 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 3. LESSOR'S Right of Inspection. LESSOR reserves the right by its authorized agents, employees or representatives to enter the leased premises to inspect the same or any part thereof at any time and to attend or protect the LESSOR'S interest under this Lease. 4.. Compliance with Laws, Ordinances and Regulations. LESSEE covenants and agrees to comply with all rules, regulations, statutes, ordinances and laws of the State of California, County of Orange, the City of Newport Beach, or any other governmental body or agency having lawful jurisdiction over the leased premises or the business, enterprises, or activities conducted thereon. VII• LESSEE TO PAY ALL TAXES UTILITIES ETC. 1. Taxes. LESSEE covenants and agrees to pay, prior to delin- quency, all taxes and assessments upon the possessory interest created by this Lease and on all improvements, fixtures, furniture, and other property owned by LESSEE. 2. Utilities. LESSEE covenants and agrees to pay, prior to delinquency, all charges for sewer refuse collection, water, gas, electricity and other utilities which may be used by LESSEE, its agents, sublessees, concessionaires or licensees, as well as all costs and expenses incurred in the installation thereof. 3. Mechanics Liens. LESSEE shall pay all costs of any alters- tions or additions to any building, structure or improvement located' on the leased premises, and shall keep the leased premises and the improvements located thereon free and clear of mechanics-liens., LESSEE shall indemnify and save the LESSOR harmless from any and all mechanics liens or claims of lien, costs and expense which may accrue, grow out of or be incurred by reason of or on account of such lien or claim of lien. 13. 0 1 2 3 4 5 6 7 B 9 to 11 12 13 14 .ti 15 �88 16 DI1 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LESSOR shall have at all times the.right to post and keep posted on the leased premises such notices provided for under and by virtue of the laws of the State of California for the protection of the leased premises from mechanics liens or liens of a similar nature. VIII INDEMNITY AND INSURANCE 1. Indemnitx. LESSOR shall not be liable at any time for loss, damage or injury to the property or person of any person whomsoever at any time occasioned by or arising out of any act or omission of the LESSEE, or of anyone holding under the LESSEE, or the occupancy or use of said leased premises or any part thereof by or under the LESSEE, or directly or indirectly from any state or condition of said premises or any part thereof during the term of this Lease. Notwithstanding.anything to the contrary herein contained and irrespective of any insurance carried by LESSEE for the benefit of LESSOR under the terms hereof., LESSEE agrees to protect, indemnify and hold LESSOR and said leased premises harmless from any and all damages or liabilities of whatsoever nature arising under the terms hereof or arising out of or in connection with the operation carried on by LESSEE or by anyone holding under the LESSEE on, or the use or occu- pancy of, the leased.premises. 2. Liability Insurance. LESSEE agrees: (a) To procure and maintain a policy or policies of public liability and property damage insurance in a good and solvent insurance company or.companies for the benefit of LESSEE an a.,.,,t LES3OR',''in amounts not less- than -•that set forth below, and under and by the terms of which LESSOR is protected from an insured against any and all loss, damage or liability of whatsoever nature arising out of or in connection with the use of or operations on the leased premises during the term hereof. The limits of liability on any policy of public 14. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 LIE 15 1 M8, 18 M 1 17 is I 19 20 21 22 23 24 25 26 27 28 29 30 31 32 liability insurance shall be not less than $100,000.00 for injury or death of one person, $500,000.00 for injury or death of more than one person, and $50,000.00 for property damage. (b) To deliver to LESSOR policies evidencing the insurance procured by LESSEE under the terms hereof, or to deliver in lieu thereof certificates of coverage from the insurance company or companies writing said policy or policies of insurance, which certificates shall among other things ' designate the company writing the same, the number, amount and provisions thereof. (c) To pay any and all premiums or other expenses arising in connection with the furnishing of the insurance by LESSEFW. to-LESS0& as herein provided. 3. Fire Insurance. LESSEE agrees to take out fire and extended coverage insurance with an insurance carrier satisfactory to the LESSOR to protect from loss the interest of the LESSEE in any improvements or installations on the leased premises. Such insurance shall be in an amount not less than 80% of the sound and insurable value of the im- provements. Certificates of such insurance shall be filed with the LESSOR and shall be satisfactory in form to the LESSOR. Said policies shall have a non- cancellation - without - notice clause and shall provide that copies of all cancellation notices shall be sent to LESSOR. If the LESSEE fails to procure or renew such insurance, LESSOR may, in its discretion, procure or renew such insurance and pay any and all premiums in connection therewith. All moneys so paid by the LESSOR shall be repaid by the LESSEE to the LESSOR upon demand, with interest of 7% per annum from date of payment by LESSOR and until repaid. 15. 1 IX . 2 EMINENT DOMAIN OR DESTRUCTION OF PREMISES 3 1. Eminent Domain. If the whole or a substantial part of the 4 premises hereby leased shall be taken by any paramount public authority 5 under the power of eminent domain, then the term of this Lease shall 6 cease as to the part so taken, from the day the possession of that 7 part shall be required for any public purpose, and the rent shall be 8 paid up to that day, and from that day the LESSEE shall have the right 9 either to cancel this Lease and declare the same null and void or to 10 continue in the possession of the remainder of the same under the terms 11 herein provided, except that the minimum rental shall be reduced in 12 proportion to the value of the amount of the premises taken. It is 13 understood and agreed that, from any damages awarded, the LESSEE shall 14 be entitled to such amount as may be allowed by the law then in force. k 15 2. Destruction of Buildings or Improvements. OU 16 (a) Partial destruction: If there be a partial destruction j0 iS 17 of any of the.buiidings or improvements of any nature located 18 on the leased property, the LESSEE shall as soon as reasonably 19 possible commence to repair and restore said damage, and shall 20 continue diligently to complete said repairs. Such partial 21 destruction shall not in any way cancel or annul this Lease, 22 but LESSEE shall have a reduced proportionate minimum rental 23 during the repairing period, in accordance with and based upon 24 the actual interference which is caused by the making of said 25 repairs. 26 (b) Total destruction: In the event of the total destruc- 27 tion of any building, structure or improvement, LESSEE shall as 28 soon as reasonably possible commence the construction, recon- 29 struction and restoration of said building and shall prosecute 30 the same diligently to completion. Any such total destruction 31 shall in no wise annul this Lease except that the LESSEE shall 32 be entitled to a proportionate reduction of the.minimum rental 16. 1 while such restoration or rebuilding is in process to the 2 extent to which the rebuilding or restoration of said build - 3 ing, structure or improvement shall interfere with the 4 business carried on by LESSEE on said leased premises. 5 6 X 7 ALIENATION OR ASSIGNMENT OF RIGHTS 8 OR INTEREST IN THE LEASE 9 Neither this Lease nor any interest therein, whether legal or 10 equitable, shall be assigned or sublet, in whole or in part, alienated, 11 pledged, mortgaged or hypothecated, voluntarily or by operation of law, 12 without the prior written consent of the LESSOR; nor shall this Lease 13 be subject to garnishment or sale under execution in any suit or 14 proceeding which may be brought against or by the LESSEE. If the 15 LE55EE, without ,.- ruxi..ng prior written approval of the LESSOR, attempts g X30 16 to effect such a transfer, assignment, sublease, mortgage, or hypothe- �f 17 cation, or a transfer occurs by operation of law, or this Lease or any 18 interest therein is subjected to garnishment or sale under any execu- 19 tion in any suit or proceeding brought against or by. the LESSEE, and 20 the same is not released within 15 days, or if the LESSEE. is adjudged 21 bankrupt or insolvent by any court or upon the LESSEE "S making an 22 assignment for the benefits of creditors, the LESSOR may, at its option 23 forthwith terminate this Lease upon written notice thereof to the 24 LESSEE and thereupon the LESSEE shall have no further rights hereunder, 25 No consent by the LESSOR to any assignment or hypothecation of 26 this Lease or any part thereof or in the subletting of said premises 27 or any part thereof or to the granting of.any concessions or licenses 28 by the LESSEE shall be held to waive the covenants contained herein 29, without the written consent of the LESSOR as to any further assignment 30 or subletting in whole or in part or hypothecation or the granting of 31 any further concessions or licenses. 32 17. XI 1 HYPOTHECATION 2 If LESSOR should give its written consent to the hypothecation 3 of the LESSEE'S interest hereunder by mortgage or trust deed no mort- 4 gagee or trustee, nor anyone who claims by, through, or under such 5 mortgage or deed of trust thereof, shall by virtue thereof acquire any e greater or more extended rights than the LESSEE under this Lease and 7 any such mortgagee or trustee and all persons who claim by, through 8 or under such mortgage or deed of trust shall in every respect be sub - 9 ject to all of.the conditions, covenants and agreements of this Lease 10 and the rights, powers and privileges of the LESSOR. Each and every it person acquiring title under said mortgage or deed of trust to the 12 leasehold interest granted by this Lease, either by foreclosure or sale; 13 under power of sale, shall expressly accept and assume all the terms, 14 covenants, conditions and agreements of this Lease, to be kept and z 15 performed by the LESSEE, and shall become personally bound to comply 18 therewith and perform the same, 18 ado 17 If the leasehold interest hereby created shall, with the written if 18 consent of LESSOR be mortgaged or conveyed by deed of trust by LESSEE, 19 and if the LESSOR shall be notified in writing thereof and of the name 20 and address of the mortgagee or trustee, LESSOR agrees that notice of 21 default in the performance of the covenants, conditions and agreements 22 of this Lease, of the same kind and in the same manner, and for the 23 same length of time as are hereby required to be given the LESSEE, 24 shall also be given to such mortgagee or trustee. 25 26 XII 27 DEFAULT AND TERMINATION OF LEASE 28 1. Default. Time and each of the terms, covenants and condi- 29 tions hereof are expressly made the essence of this agreement. 30 If the LESSEE shall fail to comply with any of the terms, 31 covenants, or conditions of this Lease, including the payment of the 32 rentals herein reserved at the time and in the amounts herein required, 18. " 1 and shall fail to remedy such default within fifteen (15) days after 2 service of a written notice from LESSOR so to do if the default may 3 be cured by the payment of money, or commence in good faith ro remedy, 4 any other default within fifteen (15) days and thereafter diligently 5 prosecute the same to completion, or if LESSEE shall abandon or vacate 8 the leased premises, LESSOR may, at its option, and without prior 7 notice or demand, terminate this Lease and enter upon the leased 8 premises and take possession thereof and remove all persons therefrom 9 with or wit:l:nout process of law. Upon such termination, LESSEE shall 10 ray a sum of money equal to the amount, if any, by which the cash 11 value of the rent reserved hereunder for the balance of the term 12 exceeds the then cash value of the premises for the balance of the 13 term. In the event of such termination, LESSEE shall have no further 14 rights hereunder, and all improvements shall become the property of d 15 the LESSOR. g 18 LESSOR may, at its option, elect to re -enter and take possession �0 17 of said premises and re -let said property or any part thereof for the 18 account of the LESSEE, for such rent and upon such terms as shall be 19 satisfactory to the LESSOR, without such re -entry working a forfeiture 20 of the rents to be paid and the covenants to be performed by the LESSEE: 21 during the full term of the Lease. For the purpose of such re- letting, 22 the LESSOR is authorized to make any repairs, changes, alterations or 23 additions in or to said premises that may be necessary or convenient 24 and if a sufficient sum shall not be realized monthly from such re- 25 letting, after paying all of the costs and expenses of such repairs, 28 changes, alterations or additions and the expense of such re- letting 27 and the collection of the rent accruing therefrom each month to satisfy 28 the rental herein required to be paid by the LESSEE, then the LESSEE 29 will satisfy and pay such deficiency each month upon demand therefor. . 30 2. Removal of Fixtures. All trade fixtures, equipment and signs 31 installed by the LESSEE and any sublessees or holders or owners of any 32 concessions or licenses agreement shall be and remain the property of 19. 1 2 3 4 S e 7 e 9 10 111 12 13 14 18 18 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 the person, firm or corporation installing the same, and shall be removable at any time during the term of this .,Lease, or within sixty (60) days after expiration or sooner termination hereof, provided the LESSEE is not then in default hereunder. The removal of such fixtures, equipment and signs shall be at LESSEE'S expense and LESSEE shall re- pair any damage.or injury to the leased premises or any building, structure or improvement located thereon occasioned by the installation or removal thereof. In the event this Lease shall be terminated before the expiration of the term hereof by reason of a breach by the LESSEE of any of the terms, covenants, conditions or agreements of this Lease, all such fixtures, equipment and signs then owned by LESSEE shall be- come the property of the LESSOR and no compensation shall be allowable or paid therefor. 3. Surrender of Possession upon Termination. LESSEE covenants and agrees that upon. the expiration or sooner termination of this Lease the LESSEE will peaceably surrender the leased premises with all build- ings and improvements, in the same condition as when received or con- structed, reasonable use and wear thereof, and damage by fire, act of God, or by the elements excepted. Any improvements built, constructed or placed upon the leased premises by the LESSEE, or anyone holding by, under, or through it, shall remain on the leased premises and become the property of the LESSOR without any coat to LESSOR upon the termina- tion of this Lease, whether by lapse of time or by reason of default. 4. Remedies Cumulative. The rights, powers, elections and , remedies of the LESSOR contained in this Lease shall be construed as cumulative and no one of them shall be considered exclusive of the other or exclusive of any rights or remedies allowed by law,.and the exercise of one or more rights, powers, elections or remedies shall not impair or be deemed a waiver of LESSORS right to exercise any other. 5. Waiver. No delay or omission of the LESSOR to exercise any right or power arising from any omission, neglect or default of the 20. ` 1 LESSEE shall impair any such right or power or shall be construed as 2 a waiver of any such omission, neglect or default on the part of the 3 LESSEE or any acquiescence therein. 4 No waiver of any breach of any of the terms, covenants, 5 agreements, restrictions or conditions of this Lease shall be construed 6 as a waiver of any succeeding breach of the same or any of the terms, 7 covenants, agreements, restrictions or conditions of this Lease. 8 6. Holding Over. It is mutually agreed that if the LESSEE 9 shall. hold over after the expiration of this Lease for any cause, such 10 holding over shall be deemed a tenancy from month to month only, at 11 the same rental per month and upon the same terms, conditions and 12 provisions of this Lease, unless other terms, conditions and provisions 13 be agreed upon in writing by the LESSOR and the LESSEE. 14 XIII 15 NOTICES 18 It is mutually agreed that any notice or notices provided for by '$ 17 this Lease or by law to be given or served upon the LESSEE may be given 18 or served by mail providing for return receipt addressed to the LESSEE 19 as follows: 20 Mr. George P. Carver C/o Ashton, Drohan and Marchetti 21 3345 Newport Blvd. Newport Beach, California 22 23 deposited in the United States mail, or may be served personally upon 24 any person hereafter authorized by it in writing to receive such 25 notice; and that any notice or notices provided by this Lease or by 28 law to be served upon the LESSOR may be given or served by mail 27 providing for return receipt addressed to the LESSOR as follows: 28 Board of Supervisors of the 29 County of Orange Court House Santa Ana, California 30 31 deposited in the United States mail, or may be served personally upon 32 the Chairman of the Orange County Supervisors and that any notice or 21. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 pG 16 E� 17 18 1 19 20 21 22 23 24 25 26 27 28 29 30 31 32 notices given or served, as provided herein, shall be effectual and binding for all purposes. XIV EASEMENTS, TRUSTS AND WARRANTIES 1. Lease Subject to Easements and Trusts. It is expressly understood and agreed that this Lease and alllights and privileges hereunder granted are subject to all easements and rights of way now existing or heretofore granted by the LESSOR, in, to, under or over leased premises for any purpose whatsoever. It is further understood and agreed that this Lease and any of the rights and privileges herein granted shall be subject to any trusts upon which said lands are held by the LESSOR, and LESSEE coven- ants and agrees, any provision in.this Lease to the contrary notwith- standing, that it will not use or permit said premises to be used for any purpose or purposes inconsistent with any of the trusts upon which said lands are held by LESSOR. 2. LESSOR Makes No Warranties. In the event that this Lease or any provision thereof shall be declared null and void by a court of competent jurisdiction, neither the LESSOR nor any member of the Board of Supervisors or any officer, agent or employee of the LESSOR or of the City of Newport Beach shall be liable to LESSEE or to any person holding under or through it for any loss or damage of any nature whatsoever suffered or claimed to be suffered by LESSEE or such person by reason of such determination. 3. LESSEE accepts the premises in its present condition and assumes all risks incident to the use or occupation thereof. XV MISCELLANEOUS 1. It is expressly understood and agreed that LESSOR does not in any way nor for any purpose become a partner of LESSEE, or a joint venture with the LESSEE. 22. a � ' 1 2 3 4 5 s' 9 10 11 12 13 14 H15 1 16 o §0 17 19 20 21 22 23 24 25 26 27 28 29, 30 31 32 1 2. Inurement. Each and all of the covenants, conditions and. agreements herein contained shall in accordance with the context inure to the benefit of LESSOR and apply to and bind LESSEE, its respective heirs, legatees, devisees, executors, administrators, successors, assigns, sublessees, concessionaires, licensees, or any person who may come into possession or occupancy of said premises or any part thereof in any manner whatsoever. Nothing in this paragraph shall in any way alter the provisions herein contained against assignment or subletting or the granting of licenses or concessions. 3. Captions. The captions of articles and paragraphs of this Lease are for convenience only and.do not in any way limit or amplify terms and provisions hereof. IN WITNESS WHEREOF, the.parties hereto have executed this Lease the day and year first above written. COUNTY OF ORANGE, a political subdivision of the State of California ATTEST: L. B. WALLACE County Clerk and ex- officio Clerk of said Board of Supervisors By T eputy 23. LESSOR rge P. carver' LESSEE u cm OF NEWPORT BEACH M:6 :6Ii To: The Honorable Mayor and . City Council From: City Attorney Subject: County Dock lease February 20, 1959 On January 16, 1959, at a special meeting of the City Counol.1, it was ordered that the City of Newport Beach become a party to a proposed action by George P. Carver, the successful bidder on the lease from the County on the County Dock. property. It was ordered that the City should intervene or advise that we will not intervene in time to give the plaintiff an opportunity to make the City a defendant. An action was filed by Mr. Carver, the successful bidder, in which he sought an order to compel Mr. Warner, Chairman of the Board of Supervisors, to execute the lease on behalf of Orange County. On February 11, 1959, we filed a complaint in inter- vention in which we united with the petitioner and requested that the Court order Mr. Warner to sign the lease on behalf of the County. The matter was heard by the court on February 13, 1959, and subsequently the court granted the writ of mandate compelling Mr. Warner to sign the lease. Although I have not discussed the case with the County Counsel's office since the writ was granted, it is not expected that an appeal will be taken from the court's judI'_44 g,m . ent W W. Charanza WUdC:mec City Attorney cc - City Manager HARRY ASHTON FRANCIS E.DROHAN 'MILO MARCHETTI,JR. EUGENE J. LANDAU u�l Ashton, Drohan and Marchetti L A W Y E R S SUITE 206 3345 NEWPORT I BOULEVARD Ne,T,rt B... A,Cali[pOmi, ,ORIOLE 3 -7160 January Honorable Mayor and City Council City of Newport Beach City Hall Newport Beach, California Re: George P. Carver -- County Lease Gentlemen: :4 , 1✓--r V � V MJ- �D Its JAS ('ji [ ULw t.1' COyOF In connection with the Lease between George P. Carver and the County of Orange, as contrasting agents for it- self and the City of Newport Beach, this office is ins formed that, notwithstanding the resolution of the County Board of Supervisors accepting the bid of Mr. Carver on this Lease and directing the County Coune6l to prepare such lease, Willis Warner, Chairman of said Board, has indicated his intention of refusing to sign the Lease on behalf of the Board on advise of counsel* In order to early out the intention of the Board's res- olution it will be necessary for Mr. Carver to institute an action for a Writ of Mandate in the Superior Court seeking to require Mr. Warner as Chairman of the Board of Supervisors to sign said Lease on behalf of the County Board of Supervisors. In our opinion the City of Newport Beach, because of It's partial ownership of the real estate involved is a desir- able party to this action and could well join with Mr. Carver as plaintiffs therein or could intervene in said action as an interested party. The law provides that such a party who refuses to join as plaintiff or inter► Tone in the action may be made a defendant therein and in our opinion this is desirable. In the interests of conserving tine, and in the event that such Writ is granted, we would like to get it filed as soon as possible and respectfully request that you take such action as the Council deems advisable at as early date as possible. We understand that your next rego Hon. Mayor and 01ty Counoil -2- January 13, 1959 ular meeting is not until the 26th of January and we would definitely prefer to have your decision within the neat two or three days, Processes of the court are slur enough in any ease and our client is anxious to get started on this project and if possible, complete it In time for the summer season. We will appreoiate your advise of your decision in the matters Yours very truly. ASHTON, MORAN & MMORETTI HA:jh eei Robert Shelton Walter Charamaa 11 MINUTES OF THE BOARD OF SUPERVISORS E OF ORANGE COUNTY, CALIFORNIA January 7, 1959 A regular meeting of the Board of Supervisors of Orange County, California, was held January 7, 1959 at 9:30 A. hL The following named members being present: Willis H . Warner-, Chairman; C.M. Featherly, William J. Phillips, WM. r', Hirstelr, C.M. Nelson and the Clerk. IN Fig: Fi` 'OI,UTION OF Tian: CITY OF 4'WPOF_T. BEACH APPROVE:' AWARDING OF BID ORANGE COUNTY DOCK PROPERTY N: WPORT 'IO[aRR DF V 'ts'L O.P M1 H,N T On motion of Supervisor F'eatherly, duly seconded and unanimously carried, the Resolution from the City of Newport Beach dated January 7, 1950, approving the acceptance of the bid of George P. Carver as Newport Tower Development for the lease and development of Orange County Dock property' was received and ordered filed. STATE OF CALIFORNIA, County of Orange, }� 1, L. B. WALLACE, County Clerk and ea- officio Clerk of the Board of Supervisors of Orange County, California, hereby certify the foregoing to be a full, true and correct copy of the minute entry on record in this office. IN WITNESS WHEREOF, 1 have hereunto set my hand and seal this 7th day of January, 1959. L. B. WALLACE County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California loM -6 -68 To: Frown: 0 CITY ATTMNEY City Clerk City Attorney January► 6, 1959 Subject: Proposed resolution for the approval of the County's accepting the bid of George P. Carver on the County dock property. Forwarded is a proposed resolution whioh, if adopted by the City Council, will approve the acceptance of the bid of George P. Carver as Newport Tower Development by the Board of Supervisors. I believe Counoilman Somers will want a certified copy of the resolution to present to the Board of Supervisors on Wednesday. WWC:mee Enos, Walter W. Charamsa City Attorney nC- i 1 2 3 4 5 6 I. 7 ,I 81 91 101 i 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29. 30 } 31 32 1 s Ate' WM UZI AOC £' UMOE B'. dpi", 4' IE ' Tun -; z O TRE Ri*PMA V'v VIM i , 2x. '; .� aM�i6rliyY¢M 3 .� +.+..mss 4 c t 5 AMM, 0040CILUM ov tc 6 7 Al 9 io 11 12 13 14 15 � 16 17 I 1.8 i9 20. 21 . 22 23 24 25 26 27 28 29 30 31 32 e I 2 E I OPERATION SCHEDULE ESTIMATED COST OF LAND IMPROVEMENTS & BUILDINGS ESTI_MA_T_E_D COST OF Description Cost Description Motel - 36 modern units with approx- Comp. Furnishing imately 400 sq. ft. each 298,800.00 Tower Building - consisting of a. Coffee Shop 190,000.00 OC e I 2 E I OPERATION SCHEDULE ESTIMATED COST OF LAND IMPROVEMENTS & BUILDINGS ESTI_MA_T_E_D COST OF Description Cost Description Motel - 36 modern units with approx- Comp. Furnishing imately 400 sq. ft. each 298,800.00 Tower Building - consisting of a. Coffee Shop 190,000.00 Furniture & kitchen facilities b. Sky Room Restaurant & Bar Turniture & kitchen facilities c. 12 Professional Offices 168,400.00 Floor cover & drapes for (c) &.(d) d. 16 Apartments 389,000.00 e. Commercial Area 73,600.00 Lobby f. Glass Elevator 60,000.00 Commercial Building consists of 5 stores 49,000.00 Boat Slips & Bulkhead 89,420.00 Clubhouse consisting of Service Bar (food & drink) 95,360.00 Assembly Hall Pool & Recreation facilities 10,000.00 Ground' Improvements Parking (basement & :ground level,) 190,260.00 Walks Patio, Decks, etc. 11.100.00 Sub Total $1,624,960.00 Plus Resident insp. 21,000 Arch fee 6 3/47 121 500 . , j Permit & License 1,400 Bond 1k% 19,300 Lawyer fee 3,000 i Survey 300 166,500.00 TOTALS $1,791;460.00 Furniture & Service facilities Rental Equipment & FIXTURES Cos 39,600.00 150,000.00. 65,000.00 27,700.00 2,000.00' 4,500.00 1°5 , 0,00.00 Service('food & drink)59,568.00 Club membership 25,000.00 Boat Rentals 26,400.00 ' Misc. rental equip. 5,000.00 gift shop,etc. 20,000.00 Sub lease at 10% of 53,611.00 gross Administ. Mat'ls, 500.00' Maint.Repairs -cost to 15,700.00 operate =50% of gross 60% of gross 12,000.00 General Operating Costs a.Comp. Maint.Land & 90,000,00 Bldg. b.Labor -1 Manager 12,000.00 1 Asst. Mgr. 6,000.00 1 Gen.Maint, 4,800.00 2 Desk Clerks 10,000.00 2 Sales Clerks 5,500.,00 c.Office Materials 1,200.00 d,.Advertising 2,500.00 e.Taxes on improvements 33,000.00 f.'Insurance 12,000.00 $1,195,399.00 1 $893,531.00 Total Income less operating cost = $301,868.00 NOTE: The above estimated gross income is based on fixed rent for the stores. On a percentage basis, assum- ing an average gross sales per store of #50,000.00, the total would be increased by 0308,000.00 to #1,503,399.00. ESTIMATED GROj SS I PER YEA ESTIMATED OPERATING COST PER YEAR ___- -- Description ost Description Cost 36 Unit's 147,831.00 65 covers- Coffee Sub lease at 10% of Shop 142,350.00 gross 128,115.00 170 covers- P,es'tr. 558;450.00 Sub lease at 10% of gross 502,605.00 10,000 sq. ft. 52,800.00 16 Apartments 96 „000.00 2 Comm. stores 12,000.00 5 Comm. stores 30,000.00 20 - 50 ft. slips 20,000,00 I Repairs & Maint. 20% 4,000.00 Service('food & drink)59,568.00 Club membership 25,000.00 Boat Rentals 26,400.00 ' Misc. rental equip. 5,000.00 gift shop,etc. 20,000.00 Sub lease at 10% of 53,611.00 gross Administ. Mat'ls, 500.00' Maint.Repairs -cost to 15,700.00 operate =50% of gross 60% of gross 12,000.00 General Operating Costs a.Comp. Maint.Land & 90,000,00 Bldg. b.Labor -1 Manager 12,000.00 1 Asst. Mgr. 6,000.00 1 Gen.Maint, 4,800.00 2 Desk Clerks 10,000.00 2 Sales Clerks 5,500.,00 c.Office Materials 1,200.00 d,.Advertising 2,500.00 e.Taxes on improvements 33,000.00 f.'Insurance 12,000.00 $1,195,399.00 1 $893,531.00 Total Income less operating cost = $301,868.00 NOTE: The above estimated gross income is based on fixed rent for the stores. On a percentage basis, assum- ing an average gross sales per store of #50,000.00, the total would be increased by 0308,000.00 to #1,503,399.00. U � NEWPORT TOWER JUSTIFICATION OF OPERATION SCHEDULE ESTIMATED COST OF LAND IMPROVEMENTS AND BUILDINGS Contractors, Millie & Severson, and, Paulin & Starling provided an estimate of cost for the 'buildings and land improvements. Their Individual estimates varied only 2 %. Mr; Paul Trautwein was con- sulted as to the feasibility of basement parking and provided an estimate of cost for the Bulkhead and Slip construction. The total estimated cost, of land improvements, buildings, slip and bulkhead totaled $1,624,960.00 Which we felt represented a fair and realistic budget figure. It is the leasers intent to erect and have in operation the 36 unit motel, bulkhead and slip construction by July 1, 1959, all other land improvements and buildings to be completed and' in operation by mid - summer of 1960, contingent upon lease agvment, building permits, etc. ESTIMATED COST OF FURNITURE AND FIXTURES Areas to be furnished either all or in part are as follows: 1. 36 Unit Motel Building - completely furnished 2. Tower Building a. Lobby completely furnished b. Coffee.Shop - completely furnished with exception of expense items, silverware, dishes, etc. c, Sky Room Restaurant and Barr completely furnished with exception of expense items,, silverware, dishes, etc. d. 12 Professional Offices - floor covering only e. 16 Apartments - floor covering, kitchen and utility area only EWA- 3. Club House- completely furnished with exception of expense items, silverware, dishes;, etc. Mr. Giles, Sales Manager for Barker Brothers Hotel Division and several other interior design and decorator firms were consulted to arrive at an estimated cost of the required furnishings. The average estimated cost of $168,800.00 was used for our budget figure. KSTIWED GROSS INCOME PER YEAR The general basis of operation used in estimating the gross income was that the leaser and, /or his agents would manage the development. The restaurants and bars would be leased at a percentage of gross income. Commercial areas, the apartments, offices, and boat slips would be individually leased at a fixed monthly rate; motel and other recreational activities would be operated by the management.. Basis of Income 1. Motel Building - (36 units) The basis of gross income was based on an average rate of $15.00 per unit /day, at an occupancy factor of 75% per year. Comparable motel developments in the area ;rent for an average price of about $18.00 per unit /day during the summer season and about $12.00 per unit /day during the winter. our assumption of $15.00 per unit /day is believed to be conservative as there are usually additional charges for more than two people per room, etc. The occupancy factor is comparable with the Disneyland Hotel, Jansca Inn, and hotel average for Southern California. 2. Tower Building a a. Coffee Shop - basis of income was established that 65 covers at an average of $1.50 per cover would be turned over 4 times per day. This figure was checked by customer counts at the Snack Shop in 'Corona del Mar and the Blue Dolphin in the Lido Shopping Center, as these are considered a comparable type of coffee shop. .b. Sky Room Restaurant and Bar - basis for gross income was established that 1`70 covers at an average of $3.00 per cover would 'turn over 3 times per day. Mr. J. Drulner, Mr. E. Dunkin, and Mr. W. Holder, successful restaurant operators, were consulted in arriving at this figure. There are other methods of estimating the gross income but all parties agreed that the total would be essentially r the same. C. Professional Offices - the office space represents a total of 10,000 square feet. We used a base rate of $.44 per square foot per month which is the present rate of the Bay Lido Building, just across the bay from this location and has only a few offices with a view comparable to ours. The Lido Professional Building, with only partial view offices, charges $.40 per square foot and has a waiting 1 -1st.. a Ip `f d. Apartments - there will be 16 apartments which we have .• estimated to bring an average of '$500.00 per month each, The Balboa Bay Club, which has the only apartments in this area which can be considered comparable, charges $650.00 per month, including maid service for a two bedroom apartment. We feel that we are some what conservative in estimating'$400.00 per month for a two bedroom apartment and $600.,00 per month for a three bedroom apartment with maid service. e. Commercial Area - the Tower Building would contain two commercial stores at an average monthly rental of $500.00 each. Similar stores in the Lido Shopping Center rent for $25.00 per front foot per month. We reduced our rental charge to approximately two - thirds of this figure because our stores do not have great depth.. 3, Commercial Building - There are -five stores which we would rent at $500.00 per month each. (See 2 e above). 4.a. Boat Slips -Boat owners and slip owners were contacted in the Newport Harbor area as to the requirements and price per foot. The average price today is $1,50 per foot, however, with the increasing demand, this price is rapidly being bid up to $2.00 per foot. It is our opinion that first class slips, including lockers & shower facilities for the boat owners and additional lockers for their boating gear, will bring $1.75 per foot per -F month. The slips would be constructed to accommodate 50 foot boats, maximum. 5. Miscellaneous Income a,. Club Membership - a club would be organized for a maximum of 250 members who's interest would be in boating,, swimming and other recreational activities suited to the Newport area. 'Membership fee $100.00 per year. b. Boats., swimming Suits, towels, water skis;, etc. would, be rented. c,. Service Bar located in the Clubhouse would cater to club parties, and /or residents of the motel. d. Gift Shop - a souvenir type gift shop would be located in the lobby. ESTIMATED OPERATING COST PER YEAR Description Cost Coffee Shop,, Sky Room Restaurant and Clubhouse service facilities leased at 107 of gross, _sales $684.331.00 Cost of sales for rental equipment and gift shop & boat slips $ 31,700.00 Administration, includes maintenance of land & buildings, advertising, taxes, insurance, etc. $177,500.00 TOTAL ESTIMATED COST PER YEAR $893,53'1.'00 Ira R ,t MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA April 22, 1958 A regular meeting of the Board of Supervisors of Orange County, California, was held Apr 11 229 1958 at 9:30 A. M. The following named members being present:. Willis H. Warner, Chairman; C. M. Featherly, William J. Phillips, Wm. H. Hirstein, Heinz Kaiser and the Clerk. PBOPOSEED 111,,.."E AGf3;:EM-L.".NT USE C cc, NH'.00PT BEACH On motion of Supervisor Kaiser, duly carried, fenneth Sampson, Harbor Ennager, wr4s with the City of Newport Beach for a proposed Dock property. STATE OF CALIFORNIA, .1 r_L Ci seconders euthor.1 z lease of 3v ' F; "iY CITY OF ?n c`• unanimously =d to neFpotiate the Orange County r, ti if Y u )es. County of Orange, j 1, L. B. WALLACE, County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California, hereby certify the foregoing to be a full, tAe and correct copy of the minute entry on record in this office. IN WITNESS WHEREOF, 1 have hereunto set my band and sea} this 22nd day of - April, 1958 L. B. WALLACE County Clerk and ex- officio Clerk of the Board of ,om , -se Supervisors of Orange County, California CITY OF NE1TPORT REACH CITY ATTORNEY DEPARTMENT Date March 26._1958 To: City Clerk- Treasurer From: City Attorney Subject: Lease Agreement -- County Dock Property On March 21, 1958, we received from the County Counsel's office these seven copies of.the proposed lease agreement, all of which have been executed and six of which contain the acknowledgment, of the signatures of Willis H. Warner and Mabel L. Casteix. The date of execution has been changed from the lst day of April to the 5th day of March, which is the date indicated on the acknowledgment. You will note that four of these copies have been retyped. The original has been proof -read against the original typed in this office and is satisfactory. All seven copies are in proper form to be executed by the City, and the four copies which have been retyped in the County Counsel's office should be returned to the County Counsel, or three should be returned to the County Clerk and one to the County Counsel as indicated. WWC:mec Walter W. Charamza Encs. City Attorney CITY OF NEWPORT BEACH CITY ATTORNEY To: The Honorable Mayor and City Council From: City Attorney March 6, 1958 Subject: City - County Lease on County Dock Property Forwarded with this memorandum is a copy of the Lease Agreement between the City of Newport Beach and County of Orange,on the County Dock Property, and a Resolution which, if adopted by the City Council, will authorize the execution of the agreement. 'We are advised by the County Counsel's office that the Board of Supervisors approved the Lease Agreement on Wednesday, March 5, 1958, and authorized its execution by the County of Orange. WWC:med Encs. cc - City Manager (Enc.) 611r'il.191�1 I�YA4� Walter W. Charamza City Attorney Director of Public Works (Enc.) To From: Subject: CITY OF NEWPORT BEACH. CITY ATTORNEY City Clerk - Treasurer City Attorney RECEIVE FEB 28 'S8 CITY CLERK - TREASURER CITY OF NEWPORT BEACa Date Feb. 28, 1958. County -City lease on County Dock Property Forwarded with this memorandum are three copies of the proposed lease between the County and the City by which the City leases to the County certain submerged and waterfront land in the vicinity of The Arches. In the resolution of the Council ordering this to be placed on the ballot, it was stated that three copies should remain on file in your office. This should go before the Council for final approval of its contents and its execution at the Council meeting of march 10, 1g58. Three copies are being forwarded to the County Counsel's office for final approval of the contents and execution by the County. �rr�rYr WWC:med Walter W. Charamza Encs. City Attorney cc - City Manager (1 enc.) Director of Public Works (1 enc.) •- - =aaYS3. a.,. HEMWCX 2-)921 December 12, 1958 To the Board of Supervisors, County of.Orange, Santa An*, Calif. 707 WEST SIXTEENTH STREET P. O, ■OX 027 LONG SEACH.CALIFORNIA He: 3301 Kest Pacific Coast Highway Newport Beoch,.Colifornia (Portion of Lot L, Tract 919) Gentlemen: The undersigned hereby submits the+ following bid for leas• of the above described property pursuant to Hesolutimn dated September 11. 1958: 1, BASE RENTAL_ $500..00 per month for first 36 months $18,000.00 $18W.00 per month for balance of.564 months of term 1,015,200.00 2. PERCENTAGE RENTAL: (a) For first 20 years 0 2% gross (per month) 600.00 (b) For last 30 years 0 2% of gross (ESTIMATE) per month 200.00 (a) $144,000.00 (b) $72,000.00 3. TEAL RENTAL BID• J. First 36 months (base) $ 18,000.00 2. Last 564 months (base) 19015,200.00 3. First 20 year percentage (Estimate) 144,000,00 4, Last 30 year percentage (6Stlmate) _ 72.000.00 IOTA1 $ 249.200,UU s�ryt�w+s: "Erwca 2-79e1 y, Im *auemens: 707 WEST SIXTEENTH sTRECT LONG BEACH. CALIFORNIA 24 unit apartment house. store, 24 slips for soto.r driven boats and pa-a ng for 156 automobiles. P.61-mated cost of imprevement is $1.750.COG.00. CONDITIONS i. Lease term t� ::matr,(e '40 days after stceptance of plans ar.d spr.rtl:(rt. ors tF Mtriipsi and Ca rty authorit!es and issuance by r u o agencies or any other authority of permits, licenses .. aranchises or approval requi.�ed by law or contrac- tual earr.eac ^t. 2.. Ail publir utilities must be available at site, including water„ sewer, 44i, eJectricity, telephone, wharf access and satisfectGry hegrway easement for ingress and egress. i.. Bulkhead tOnatrUtttor and other improvements to be commenced in 120,1eys end ` �0 oeys - espectire :y. from effective date of leas"... C)-mp :etitn .f. velar 2moroveme ^t will require le or more merits sub ,.rr.i to the tLsta?mary "force Majeur" conditions. 4. Use penm)t rc. 4 :?2 31 C:.ty of Newport Beach issued dune 4, 1951 must remair� in e'!ec` end unrrvored for Multiple rssldeat,a: c:cucsrcy nerein cor.tesplated inn its included business purposes, ARTICI.f li: ei,eg *apt. 6, lines 21 and 22 of proposed lease Must delete wows "or socner termination thereof." c.. ARTICLE IV; Pa•agraph 4. line 23 of proposed lease must spec.'y s p•e.ise percertage of error. Lines 26 to 27 in- s 1ustve to !je de,etPd,. 7.. ARTICLE Xf to be deletea "in toto" from proposed lease. e. A rr("U XIl, Pa•a.grapn 3,. tine 30 of proposed lease, delete `;wtether by laps-i of time or by reason of default. ". cZwIpUf ': HEMLOCK 2-7921 9. ARTICLE XIV, paragraph 1, 2 from proposed lease. Attached Exhibit• 707 WEST SIXTEENTH STREET P. O'DOK 927 LONG BEACH, CALIFORNIA. and 3 to be deleted entirely w r. t Atkins A vivo-.t , 140.,0: If- By.` �T:��i ck . -: ' •1 Oa Na Y � Bond number _1521782 of Continental Casualty oapany STATE .OF CAL1FORtVIA, County of Orange 1} aw 1, L. B. WALLACE, County Clerk and ex- officio Clerk of the Board of Supervisors of,. Orange County, California, hereby: certify, the foregoing to be a full, true and correct copy of the minute entry on record in this office M w»g weEmwF, .I have bwenuto set my band and moh# ��l August, 1961.., L. B. WALLACE County Clerk and exofflcio Clerk of the Board as Supervisors o[ Oranye:County. California WONDffi BNlUMISIM 7505 Sunset Boulevard Los Angeles 46, California September 1, 1961 may. Mr. Kenneth Sampson, Manager Orange County Harbor District 1901 Bayside Newport Beach, California „ i Dear Mr. Swanson: Attached herewith are exhibits and financial statoments which you requested. Here are further pertinent feets which you may require. Mr. George Carver °a lease will be assigned to WonderLodge, Ina., if this corporation 1a an approved assignee. WoederLodge is a Calif- ornia corporation with the authorized capital of #5,000,000. The Officers and Directors are Mr. James L. Fallon, President; Mr. Herbert H. Meyer, Treasurer; Mr. Stanley Sevilla, Secretary. WorderLodge, Inc., will be a wholly owned subsidiary corporation of Vandenberg Inn and Hotel, Inc., VanderBowl Downey, Inc., sod eventually hooderBowl, Inc, Any enterprises of WouderlAdge, Inc., will be.fnlly guaranteed and supported by the financial resources of the parent corporations. We have not added WonderBowl, Inc., into this eambia- ation because we are in the process of applying for a permit to issue additional stock and we cannot at this time sake any fundamental add- itions or ehanges in YooderBowl, Ind.'s corporate structure. With respect to the value of the stock of these corporations, the book value as of July 31 of Vandenberg was 42.07 and of VooderBowl Downey, 42.14 per share. If you require any further information, please don't hesitate to call on ae. JLIFA 9 hh'- ae-srs>,y yours, ores L. Fallon_ President WONDER ENTERPRISES L WonderLodge Vandenberg,Inn & Hotel, Inc. 137 unit deluxe motor hotel complete with restaurants, cocktail lounges, banquet facilities. Corner Hiway 101 and Stowell Road in Santa Maria. . WonderLodge of Salinas 173 room deluxe motor hotel, complete with restaurants, cocktail lounges, banquet facilities.. 800 North Main Street, junction of the freeway and Hiway 101. WonderLodge- Jamaica Inn,.Bakersfield 120 room deluxe motor hotel complete with restaurants, cocktail lounges, banquet facilities. On motel row, Hiway 99, 333 South Union Street. Wanderlust Motel. Anaheim 21 unit deluxe motor hotel adjacent to Disneyland Hotel. i WonderBowl- Downey The largest - 64 -lanes - bowling house in the West, with perhaps the largest and most lavish restaurants, snack -bars, cocktail lounges. At the corner of Firestone Boulevard and Rives Avenue in Downey, California. WonderBowl- Anaheim 48 -lane bowling house, the only one in the Disneyland area, with restaurants, cocktail lounges, retail shops. On Katella Road at Walnut, just 600 -feet from Disneyland. LJ 0 • S3t8CVTIVE PERSONNEL James L. Fallon - Chairman and President Stanley Sevilla - Vide- presidennk, Secretary Herbert H. Meyer - Vice = president, Treasurer Thomas E. Dougherty - Vice - president, Customer Relation James Carey - Vice- president, General Manager Hotel Division Baxter Crowe - Vice - president, General Manager Food.and Beverage Clarence Crowley - Vice- president, Comptroller Art Baker - Vice- president, Director of Public Relations N. Richard Lewis - President, N. Richard Lewis 6 Associates, Consultant John J. Cox - President, International Hotels, Inc., Consultant Lee Linton - President, Lee Linton, Architect, and Associates Vice - president and Consultant 0 James L. Fallon - Chairman and President 42 -year old graduate of Regis College, Denver, Colorado. He is President and Chairman of the various "Wonder" enterprises, in addition to owning controlling interest in a stock brokerage firm and advertising agency. Mr. Fallon began his business career in 1945 in a national advertising agency and developed the deep and thorough knowledge of merchandising and promotion that has enabled him to successfully promote his various enterprises successfully. His.original enterprises were financed through public stock sub- scriptions for which he set up his own securities selling and mer- chandising organization. In.less than 2 years of active selling, Mr. Fallon's company sold nearly $8,000,000.00 worth of these se- curities and successfully launched four major companies - two bowl- ing houses, the Vandenberg Inn and Filmaster, a TV and motion pic- ture producing company. Since that time these enterprises have grown, prospered and expanded to those enterprises listed, in addition to one other "Wonder" di- vision called "WonderFair", a one -stop shopping center which will open October 15th in West Covina. The success of these enterprises has depended largely on three factors, which form the basis of • Mr. Fallon's business philosophy: extensive promotion, precise cost controls and top personnel. Stanley Sevilla - Vice - president, Secretary and Counsel 41 -year old Harvard law graduate, who is a partner in the law firm of Axelrad and Sevilla and house Counsel for all "Wonder" enter- prises. Mr. Sevilla specializes in corporate securities law, tax law and business law matters for a wide range of real estate, co -op- erative apartments, and housing tract developments. Herbert H. Meyer - Vice - president, Treasurer 38 -year old Los Angeles State College graduate with a`degree in accounting and finance. In addition to maintaining his own company as an independent business advisor, Mr. Meyer also functions as an officer and member of the Board of most of the "Wonder!' corporations. • • Baxter Crowe - Vice- »resident, General Manager Food and Beverages 48 -year old Mr. Crowe is the vice - president and general manager of, the food and beverage division of the WonderLodges. His background includes four years as general manager of the E1 Adobe Restaurant in San Juan Capistrano, two years in Long Beach at Francois Manhat- tan. His most recent experience was as general manager of the East- land Huddle for three years which operation turned in the best gross and ratio of net to gross in the Huddle chain. He also operated as general manager of the Caribbean Restaurant at the Los Angeles Air- port for Art Williams. Clarence Crowley - Vice - president and Comptroller 49 -year old Mr. Crowley is a graduate of Texas University and law graduate of the Los Angeles University Law School. He is the comp- troller for the 4onderLodge division of the "Wonder" enterprises. For three years he was senior auditor in the Los Angeles office of Price - Waterhouse and president and owner of Washington Evergreen Shippers, Inc:, for eight years. His background also includes three and one -half years as vice - president and treasurer of the Huddle Restaurants and for five years, vice - president and comptroller of the Albert Sheetz Restaurant chain. • Art Baker - Vice- president, Director of Public Relations "Mr. Entertainment" himself is in charge of public relations for the "Wonder" enterprises and lends his great personal charm and appear- ance to the various functions and promotions staged at the Lodges. Mr. Baker is known and beloved the country over. His famed "Art Baker's Notebook" has been heard on network radio for 20 -years and '"Lou Asked For It" was one of TV's top -rated shows for seven con- secutive years. N. Richard Lewis - President N. Richard Lewis & Associates - Consultant Public relations counsel for all of Wonder enterprises, Mr. Lewis who head Lewis & Associates, a public relations agency with assoc- iates in San Francisco, Chicago, New York and Washington, D. C.., is staffed to plan and implement fully integrated public relations pro- grams, agency services include financial public relations functions, publicity, shareholder and employee communications and military and governmental liaison. The agency represents some $200. - million of private and publicly - owned industry and real estate developments headquartered in South- ern California. In addition to Wonder enterprises, agency client • list.include. Rossmoor, a 3,500 -home community near Long Beach, California, the largest residential development in the west. Contact: Ross W. Cortese, developer; William G. Brangham, vice - president for marketing. Ador Corporation (a subsidiary of Poly Industries), the nation's lead- ing manufacturer of aluminum sliding glass doors and windows. Contact: B. J. Morris, general manager; Robert Baggott, general sales manager. Bayside Village, an $8- million mobile home community in Newport Beach. Contact: Marshall Duffield, executive vice - president. Lewis' broad experience in institutional and promotional public rela- tions stems from a varied background as a daily newspaper reporter, International News Service correspondent, news bureau chief of the Automobile Club of Southern California and public relations director for Fallon and Company, one of Southern California's leading adver- tising agencies. A graduate of Ohio University School of Journalism, the 35 -year old public relations executive served as a merchant marine deck officer during World War II and was an Army artillery lieutenant in the Korean War. John J. Cox - President. International Motels. Inc. - Consultant Mr. Cox is one of the best -known executives in the hotel -motel field. Starting with a chain of small motels throughout California, Mr. Cox then became the co -owner and manager of the 78 -unit Lamplighter Motel in Visalia, the manager of the 58 -unit Vagabond Motor Hotel in Sepul- veda, California, and the co- developer of the 100 -unit Skyways Hotel and Coffee Shop at the Los Angeles International Airport. A special- ist in the leasing and selling of hotel and motel properties, Mr. Cox has negotiated leases all over the United States for such companies as Hi -way House, Ramada Inn, and the Lee Hotel chain. He estimates that in the last nine years alone, he has been personally responsible for more than $20,000,000. in hotel -motel sales. Mr. Cox is in charge of site selection and expansion of the WonderLodge chain. Lee Linton - President, Lee Linton, Architect & Associates - Vice - president and Consultant 39 -year old Mr. Linton is a graduate of the University of Illinois, Beaux -Art, School of Architecture. For the past ten years he has been designing a diversified group of projects such as school and church architecture, hotels, manufacturing plants, shopping centers, bowling alleys, restaurants, residential tracts and high -rise office and apartment buildings. All building projects of Wonder enterprises are supervised by Mr. Linton. His extraordinary forte is his ability to build, design and decorate facilities in a manner that effectively attracts customers. • s • VANDENBERG INN & HOTEL, INC. Current Assets Cash on Hand and in Banks Accounts Receivable - Trade Inventories - Food and Liquor Prepaid Expenses Total Current Assets Fixed Assets Building Leasehold Improvements Hotel, Bar, and Building Equipment and Furnishings Automobile Less: 'Reserves Other Assets Liquor License Deposits Investments - Subsidiaries Organization Expense Financing Expense Total Assets Current Liabilities Accounts Payable Payroll Tax Accrual Sales Tax Accrual Insurance Accrual Payroll Accrual Balance Sheet May 31, 1961 ASSETS $ 164,319.18 20,671.33 12,191.05 25,271.22 $ 222,452.78 $ 1,382,452.31 67,346,67 $ 1,449,798.98 LIABILITIES AND NET WORTH Contract Payments Due Within One Year Mortgage Payments Due Within One Year Total Current Liabilities Long Term Liabilities Lease Deposits Contract Payments After One Year Mortgage Capital and Surplus Authorized - 2,500,000 Shares $2. Par Value Issued and Outstanding 2,223,248 Shares Promotional Common Stock Held in Escrow 1,111,624 Shares 499,684.19 5,547.51 $ 1,955,030.68 1,209.13 1,953,821.55 $ 22,541.75 12.00 215,000.00 505,789.58 17.394.00 76D.737.33 $ 2,937,011.66 $ 40,002.89 10,480.01 2,690.59 556.93 12, 642.60 $ 66, 373.02 $ 4,914.00 64,728.00 69,642.00 $ 136,015.02 $ 490.00 8,358.89 535,272.00 $ 4,446,496.00 2,223,248.00 $ 2,223,248.00 544,120.89 Earned Surplus - September 30, 1960 $ 520.43 Profit - October 1, 1960 - May 31, 1961 33,107.32 33,627.75 , Total Capital and Surplus $ 2,256,875.75 Total Liabilities and Net Worth $ 2,937,011.66 LiONDERBOWL- DOWNBY, INC. Dowasy, California Nesa Rental Shoe! . Balance Sheet Replacement Parts - cost As at July 31, 1961 Bowling Alley Pins - Net 23,205.71 ASSETS 679,384.66 Current Assets 6,785.00 Deposits - Refundable Cash: Due From Employees 257.54 Cashier's Funds $ 29451.00 Portion Bank Accounts 471.875.91 $ 474,326.91 Accounts Receivable: 582,051.47 Total Assets Patrons Accounts $ 734.18 Sundry Accounts 28,702,05 290436.23 Inventories: Merchandise for Resale (at cost) $ 190302.66 Trophies and Supplies (at cost) 1.715,41 219018.07 Prepaid Expenses: Unexpired Insurance $ 5,233.79 Licenses 20762.26 Advertising 12,500.00 20,496.05 Total Currant Assets $ 545,277.26 Fixed Assets • Lend $ 5120228.59 Building and Improvements $ 950,535.80 Less: Accumulated Depreciation 40,978.98 909,556.82 Furniture and Equipment $103519271.27 Less: Accumulated Depreciation - 191,117,11 1,160,1%.16 Total Fixed Assets 2,581,939.57 Investments Covina Property S 663,442.11 Scottsdale Property 10002,269.09 Bakersfield WouderLodge 15,000.00 Salinas WonderLodge 57,000.00 Lang Beach Property _ 5.825.00 Total Investments 1,743,536.20 Other Assets Caaea Nesa Rental Shoe! 3,542.05 Replacement Parts - cost 4,407.53 Bowling Alley Pins - Net 23,205.71 Unamortized Loan Expense 679,384.66 Restricted Funds 6,785.00 Deposits - Refundable 30.00 Due From Employees 257.54 Construction Escrow . Organizational Expense - Oumartized 1,458.00 Portion 474.980.98 Total Other Assets .' and Deferred Charges 582,051.47 Total Assets $5,452,804.50 yea - WONMR80WL- DOWNEY9 INC. Downey, California Balance Sheet $ 711,063.70 As at July 31, 1961 LIABILITIES AND CAPITAL 214,393.74 Current Liabilities Accounts Payable $ 14,926.69 Short Term Notes - Bank of America 11,020.00 Dividends Payable 55,209.35 Accrued Payroll 80910.01 Tries Accrued and Collected 80921.26 Accrued Insurance 1,344.17 Sundry Liabilities 371.15 League Trust Funds 7 171.71 Total $ 0 ,874. Long Term Contracts - payments due within 1 year: Due within 90 days $ 502240.25 Balance due within 1 year 239,783.41 290.023.66 Total Current Liabilities $ 3979898.00 Loaf Term Indebtedness Contracts: G, M. A. C, $ 12600.00 Brunswick Corp. 190,261.26 Automatic Pinsetter Corp, 4479558.00 Bank of America 1,298.00 Farmer Bros. 25,000.00 Bank of America 450.000,00 $10055,717.26 Mortgages: Lytton Savings & Loan Assn, $ 711,063.70 R. W. & E. Cleghorn 214,393.74 Nassau Land Corp, 190,256.93 First National Bank of Arizona 895,800.00 2 0111,514s37 Total Long Term Indebtedness $3'.067,231.63 Less: Amount due within 1 year 290,023.66 (shown as current liability) Long Term Indebtedness - due after 1 year $2,777.20747 Other Liabilities Construction Escrow - (see other assets) `; $ 19458.00 Refundable Deposits 27,716;69 Total Other Liabilities 299174.69 Capital and Surplus Capital Stock (cow►) - par value $2.00 Issued and Outstanding: Shares issued - 2,208,374 $404169748.00 Promotional common stock held In escrow - 1,104,187 shares 24208,374,00 $20208,374.00 Earned Surplus: Balance September 30, 1960 $ 77,893.47 Plus: Net Gain October 1, 1960 thru July 31, 1961 72,675,07 Total $ 150,568.54 Deduct: Dividends: Paid $55,209.35 Payable 55,209.35 110.418.70 40.149.84 Total Capital and Surplus 2,248,523,84 Total Liabilities, Capital and Surplus $5,452,804.50 JAMES L. FALLON Statement of Financial Condition As of 6/30/61 ASSETS Current Assets Cash in Bank & On Hand $ 51,081.58 Loans & Notes Receivable - Business 83.163.81 Total Current Assets Securities Newport Productions $ 110,000.00 ConventionLand- U.S.A., Inc: 825,537.00 Fallon and Company 25,000.00 Standard Securities Corp. 100,000.00 Nassau Land Corporation 225,000.00 *WonderBowl, Inc. 843,816.00 *WonderBowl- Downey, Inc: 1,637,974.00 *Vandenberg Inn & Hotel, znc: 683,300:00 Fallon, Kelly & Co. 50,000.00 Surety Development Corp. 51000400 Total Securities Other Investments Partnership Interest - MF Enterprises Other Assets Residence 205,000.00 Vacant Lot 87,500.00 Residence Furnishings 20,000.00 Total Other Assets Total Assets LIABILITIES AND NET WORTH Current Liabilities Accounts Payable Notes Payable Other Liabilities Mortgages Payable - Residence $ 153,967.08 Mortgage Payable - Vacant Lot 45,000.00 Loans 8,500.00 Total Liabilities Net Worth - 6/30/61 Total Liabilities and Net Worth *Promotional shares, for which there is no established market • value, and carried thereon at the stated par value thereof. Remaining securities, residence and lot at market values. $ 134,245.39 4,505,627.00 3,500.00 312.500.00 $$ 4,955,872.39 $ 638.54 50,000.00 207,467.08 $ 258,105.62 4,697,766.77 4,955,812.39 Newport Productions: The principal asset of Newport is its stock in U. S. A. Motel Corporation, which owns and operates the Wanderlust Motel adjacent to the Disney- land Hotel in Anaheim. U. S...A. Motel was independently appraised last year at $489,150.00. Newport also owns interest in various TV sports shows. The $110,000.00 shown here represents Newport's interest in U: S: A. Motel stock and its various TV sports shows. ConventionLand -U. S. A., Inc.: This corporation owns a 27,5 -acre plot adjacent and contiguous to the U. S. A. Motel 5 -acre development at Walnut and Katella Streets in Anaheim. In February, this land appraised at approximately $1,800,000. It is currently under major development for a 400 -room hotel and convention center. Fallon and Company: This is.an advertising agency which services several accounts, primarily those of our corporations which we Control. It is a service company and the asset is primarily in its earning ability. Standard Securities Corporations This corporation is the basic stock selling cor- poration which provided the $8.5- million plus capital that started our various enterprises. This asset is represented by its earnings capacity plus its interest in a 40 -acre plot at Scottsdale and McDowell Road in Scottsdale, Arizona. Nassau Land Corporation: The primary, asset of this corporation is a note in the amount of $225,000.00 due from WonderBowl- Downey, Inc.. • WonderBowl, Inc., WonderBowl - Downey, Inc. and:yandenber , Inn & Hotel, Inc.: These assets are represented by my stock ownership at par value, It may be of interest that WonderBowl, Inc. has paid its second consecutive cash dividend covering its first two years of operation. WonderBowl- Downey paid a cash dividend at the end of its first year of operation. Vandenberg has not yet been in operation for a full year. Fallon, Kelly & Company, Inc.: This asset represents a capital investment of $25,000.00 and capitalized earnings capacity. This is an NASD brokerage house set up for the purpose of establishing a market for our various securities. Surety Development Corporation: This is a real estate brokerage company and the asset represents accumulated surplus. M -F Enterprises: This represents my interest in a motion picture entitled "The Bob Mathias Story" of which I was the producer. Residence: This is my personal home at its actual cost of which I have an equity interest of $50,000.00 plus, in addition to residence furnishings in excess of $20,000.00. Vacant Lot: This is a lot in the Trousdale Estates, Beverly Hills, originally pur- chased for the purpose of building a home. This lot has since been sold for cash. . K .. f.a.rv: 1 � Personal • Born May 18, 1918; Denver, Colo. Schools; at Mary High School, Colorado Springs, Colo.; Aegis College, Deaver, Colo, Military Service - US Naval Air Corp, Lt. I Business Vandenberg Inn 6 Hotel, Inc. - President WonderLodge of Salinas 173 Yonderlodge of Santa Maria i17 WonderLodge of Bakersfield /10 " WunderLust of Anaheim tj WonderBowl, Inc., Anaheim - President WonderBowl- Downey, Inc., Downey - President WonderFair, Ino. - Covina - President 5 i 'E,.x+`ii'. � °YtY '.. �_'sT. {'P F� ^.�J$K°h. �n..�"0.^+I+�°F nv.:.']' FtaF.c. ..✓F wF:' ..Jr 9 -5 -61 RE: COUNTY DOCK LEASE < d The documents presented by James L. Fallon, 7805 Sunset Boulevard, Los Angeles 46, the proposed assignee of the lease between the County (t of Orange and George Carver (Newport Towers), were ordered referred to the Harbor Manager, and the County Counsel for study and report to the Board of Supervisors on September 19,. 1961 at 3:00 P. M. Mr. Hart had a business card of James L. Fallon, indicating that he.is President of Standard Securities Corporation, Hollywood 4 -0171, at the �y Sunset Boulevard address., ' 32 LEASE DOCUMENTS CITY - COUNTY DOCK PROPERTY NEWPORT BEACH, CALIFORNIA [.4eF igf•�. CITY - COUNTY DOCK COMMITTEE ORANGE COUNTY SUPERVISOR, ALTON E. ALLEN, CHAIRMAN ORANGE COUNTY SUPERVISOR, WILLIAM J. PHILLIPS ORANGE COUNTY HARBOR COMMISSIONER, RICHARD C. HONER NEWPORT BEACH CITY COUNCILWOMAN, DOREEN MARSHALL NEWPORT BEACH CITY .COUNCILMAN, JAMES B. STODDARD NEWPORT BEACH CITY COUNCILMAN, DEE COOK JANUARY 1964 \' r` LEASE DOCUMENTS CITY-COUNTY DOCK PROPERTY Newport Beach, California CONTENTS LEASE DOCUMENTS PAGE Notice of Intention to Lease N 1 -4 Lease Map M 1 Lease Proposal P 1 Bidder Qualification Form Q 1-3 Contents of Lease L Lease Document L 1 -31 Resolution of Board of Supervisors R 1 -5 SPECIFICATIONS Contents of Construction Specifications S Special Provisions s 1 -63 Plans for Lease Improvements (N12.5-1) 12 Sheets (Other than Buildings) January 1964 111 NOTICE OF INTENTION TO LEASE REAL PROPERTY ON COMPETITIVE BIDS 3 NOTICE IS HEREBY GIVEN that the Board of Supervisors of 4 the County of Orange intends to lease the 2.43 acre tract of 5 land known as the "City- County Dock Property ", owned'by the e County and the City of Newport Beach, located on the southerly 7 side of the intersection of Pacific Coast Highway and Newport n Fl l0 11 12 13 14 M � i$ � 18 j 17 Boulevard in the City of Newport Beach, and between said inter- section and the waters of Newport Bay. This property is more particularly described in the lease form attached-to Resolution No. 64-83 of this Board, dated January 21 , 1964, which is on file in the office of the County Clerk for Ipublic inspection, and copies of which will be mailed on request. The lease shall be for a term of approximately 44k, years, expiring June 30, 2008. A public hearing will be held by the Board in its Chambers in the Court House, Santa Ana, California, on the 181125th day of March , 1964, at 11:00 o'clock ? M. 19 for the purpose of considering sealed bids thereon, which shall 20 be made on Proposal forms obtainable from the Orange County 21 Harbor District as stated below. 22 The rental shall be various fixed percentages (listed 23 below) of gross receipts from various kinds of business con - 24 ducted on said property, payable monthly, with a specified 25 annual minimum rental beginning in the second year of the lease. 28 Competitive bids are invited in terms of said annual minimum 27 rental, and the lowest acceptable bid which will be considered 28 2911 N 1 1 2 3 4 NCI 6 7 8 9 10 11 12 13 14 a� 1S 17 18' i 191 20 21 22 23 24 25 261 27 28 29 30 is the sum of $25,000 per year: The actual and minimum rental rates shall be subject to periodic revision as specified in the lease. Oral bids at least 5% over the highest written bid shall be received upon bid opening as provided by law. All bid proposals shall be binding for 30 days, and this Board reserves the right to reject any and all bids and to waive any informality therein. Bid proposals must be accompanied by a deposit of $25,000 by cashier's or certified check, or a bidder's bond in that amount, to guarantee the deposit of the bond mentioned below, and the execution of the.lease, within 14 days after award. Prior to execution, the lessee must present a performance bond covering construction of the required improvements described below. Among the terms of said lease form are the following additional salient provisions: 1. Certain improvements, including 64 boat slips, parking for 145 cars, landscaping, a small office building, and restroom buildings required for use in connection with the boat slips, costing an estimated $221,700.00, are re- quired to be built by.lessee within 1 year; and the monthly minimum rental during the first year is specified as $600 per month. 2. An additional building at lessee's option in whole or part is to be located, if built, on a 37,000 square .foot site along the southeasterly side of the tract, and must cost N 2 at least $18.00 per square foot. 3. All improvements become the property of lessor upon termination of the lease. 4. The percentages of.gross receipts which will constitute the rental from uses expressly permitted under the lease, subject to monthly payments and an annual accounting, are as follows: (1) Boat Sales - New and Used 1k% (2) Restaurant 2% (3) Bar.(On Sale) 37 (4) Retail Stores, Clothing, Gifts, etc. 3% (5) Motel., Hotel Rentals 6% (6) Apartment Rentals 10% (7) Barber & Beauty Shops 5% (8) Package Liquor (Off Sale) 31/ (9) Ship Chandlery 37 (10) Service & Labor Charges 37. (11) Coin Vending Machines 5% (12) Office Rentals 12% (13) Insurance & Brokerage Commissions 10% (1.4) Club Dues & Initiation Fees 10% (15) Pay Telephones 10% (16) Boat Slip and Related Rentals 22% (17) Parking Fees 22% N 3 �z Rentals from any other uses approved by the County shall be as agreed upon with the County. Copies of the lease form, plans and other documents. may be obtained upon request from the Orange County Harbor District, 1901 Bayside Drive, Newport Beach, California, phone 673 -6440. BY ORDER OF THE BARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA DATED: January 21 , 1964; % E. ST JOHN County Clerk and ex- officio Clerk (SEAL) of the Board of Supervisors of Orange County, California Publish By''17, Orange Coast Daily Pilot January 31, February T and 14, 1964 N4 LONG QEAGN MOTES HtSHWAY iv r - PERM LEASE AREA Sq N OICGO � QI DESCRIPTION OF PREMISES IS SHOWN ON PAGES LI, L2 AND L3 CODE AREA NOTES USE CF THE LEASE. ® AREA BAYWARD ]F THE EXISTING CONCRETE SEAWALL TO BE 1.90 ACRES IQ BUILDINGS, PaR�ING AREA, DEVELOPED WITH FLOATING DOCKS. WALKS, ETC. 0 © COUNTY -OPINED LAND ENCUMBERED WITH A SLOPE AND ORAI NAGE .47 ACRES 01 Q FLOATING DOCKS EASEMENT TO THE STATE DIVISION OF HIGHWAYS. THIS AREA IS DESCRIBED AS PARCEL 4 JN PAGE L3 OF THE LEASE. FUTURE ® .06 ACRES Q© PARKING AREA EMBANKMENT PROTECTION SHALL BE THE RESPONSIBILITY OF THE LESSOR. 2.43 ACRES Q 0 STATE HIGHWAY RIGHT OF WAY TO BE LANDSCAPED BY THE LESSEE. THE PERMIT FROM THE STATE DIVISION OF HIGHWAYS IS TO BE OBTAINED BY THE LESSOR. PERMIT AREA © CITY TIDELANDS TO BE DEVELOPED WITH FLOATING DOCKS. THE CITY OF NEWPORT BEACH AND THE CORPS OF ENGINEERS HAVE GIVEN PRELIMINARY APPROVAL FOR THE USE OF THE WATER AREA; I .SO ACRES Q LANDSCAPING(7) FINAL APPROVAL ON APPROVAL OF CONSTRUCTION PLANS. © THE ZONING, BUILDING AND IMPROVEMENT PERMITS ARE TO 8E 1.26 ACRES Q FLOATING DOCKS OBTAINED FROM T1:E CITY OF NEWPORT BEACH BY THE LESSEE. Q ENCROACHMENT PERMITS FOR WORK ON STATE HIGH I1AY RIGHT OF 1.76 ACRES WAY ARE TO BE OBTAINED FROM THE LOS ANGELES OFFICE, STATE DIVISION OF HIGHWAYS BY TH- LESSOR AT THE REQUEST OF THE CITY - GOv NT Y 00 LESSEE. THE COORDINATION OF THE WORK AND THE PAYMENT OF PROOERTY INS;• CTION FEES WIL; BE THE RESPONSIBILITY OF THE LESSEE. ® APPROVALS FOR 'LOATING DUCKS ARE TO BE OBTAINED BY THE ASE M A LESSEE FROM THE CITY OF NEWPORT BEACH AND THE LOS ANGELES L.E -ISTRICT, CORPS OF ENGINEERS. THE LEASE IMPROVEMENTS (OTHER THAN BUILDINGS) ARE SHOWN ON TIIE "F -ANS FOR LEASE IMPROVEMENTS" AND FURTHER DESCRIBED 1': THE CONSTRUCTION SPECIFICATIONS. ORAI.iGE GOUNTY HARBOR OI MI 0.C,6.`e7E -v /- 3i -4V- LEASE PUPOSAL For LEASING "CITY-COUNTY DOC :, PIMPCRTY" NEWPORT BEACH, CALIFORNIA Name of Bidder Business Addres Business Telephone Individual, partnership or corporation If a corporation, incorporated in which state The undersigned bidder hereby proposes to lease from Orange. County, acting in behalf of itself and the City of Newport Beach as owners, the 2.43-acre tract of land known as the "City- County Dock Property" located on the southerly side of the intersection of the Pacific Coast Highway and Newport Boulevard in the City of Newport Beach, California, as more particularly described in the lease form approved by Resolution No.6SF^-eF3 of the Board of Supervisors of the County of Orange dated .4^ lrl' 1964, and on file as an attachment thereto in the office of the Counnty Clerk of said County, under said lease form, and according to the other provisions of said Resolution. The undersigned hereby bids a minimum rental therefor in the sum of Dollars $ ) per FR§Ht k (at least $ � * and agrees that this bid shall be binding for a period of 30 days after the date of opening. This bid is accompanied by (indicate whether a deposit by cashier's or certified check, or a bidder's bond) in the amount of $25,000.00, payable to the County of Orange, guar - anteeing'the deposit of the bond described in Paragraph 6 of said Resolution, and the execution of th) lease on said form, within 1L, days after award. 1/44r C r4z t'/ F l GHT7E Off' .'cPYJD typed or printed name of bidder By (typed or printed name and title of signer) P 1 BIDDER RUALI FI CATI ON FOA14 FULL NAME BUSINESS ADDRESS PRINCIPAL PLACE OF BUSINESS IN CALIFORNIA BUSINESS TELEPHONE NO. RESIDENCE ADDRESS RESIDENCE TELEPHONE NO. HOME OWNERSHIP? YES NO MARITAL STATUS LIST IN ORDER, STARTING WITH TIME MOST RECENT, THE FOLLOWING INFORMATION ON BUSINESS IN WHICH YOU WERE EMPLOYED OR HAD AN INTEREST DURING THE PAST 15 YEARS. (use additional sheets of paper, if necessary) Name of Business Dates Address of Business Type of Business Interest or position Number of employees Number supervised by you Business Bank Annual Gross If a service business, the maximum number served in a day If not still affiliated, reason for leaving HAVE YOU EVER BEEN ARRESTED? YES NO IF YES, STATE WHERE, WHEN, REASON, AND DISPOSITION OF MATTER. DO YOU CONSENT TO BEING FINGERPRINTED? YES NO Q1 A recent and complete financial statement is attached, Dated , 19 WITNESS: doing business as BY. BY. (CORPORATE SEAL) By President ATTEST: Secretary IMPORTANT NOTICE: If the proposal is by a corporation, the above information must be supplied for the president, secretary, treasurer, and general manager; if by a partnership, for all partners; and, if by an individual, for the in- dividual. Additional information may be required as to all such persons and as to others interested in the proposal. (use additional sheets of paper, if necessary) Q 2 LIST FIVE CHARACTER REFERENCES: NAME ADDRESS CITY STATE LIST FIVE CREDIT REFERENCES: NAME ADDRESS CITY STATE STATE SPECIFICALLY AND IN DETAIL THE SOURCE OR SOURCES OF CAPITAL YOU IN- TEND TO INVEST: IN THE FOLLM41 NG SPACE, OR ON ADDITIONAL PAPER; STATE THE REASONS YOU FEEL QUALIFIED TO CONDUCT THIS BUSINESS AND SUPPLY ANY ADDITIONAL INFORMATION ABOUT YOURSELF, YOUR BUSINESS, OR YOUR PLANS FOR THE CONDUCT OF THE LEASE- HOLD WHICH YOU FEEL WILL BE HELPFUL TO THE COUNTY IN EVALUATING YOUR PRO- POSAL FOR THIS LEASE AND THE OPERATION OF THE BUSINESS ON THE CITY - COUNTY DOCK PROPERTY - NEWPORT BEACH, CALIFORNIA. Q3 1 2 3 4 S B 7 8 9 10 11, 12 13 141 S� 1B $0 17 181 191 j 20 21 221 23 24 25 26 27 28 29 30 City- County Dock Property Lease C O N T E N T S Sub ect Page L- 1. Descri tion of Premises i p (a Lanus included 1 b Submerged land 4 2. Term 3. Improvementpt s (a escr on: time limit (b) Plans and Specifi- cations (c) Strict compliance M Statement of costs Become Lessor's property (f) Space for Harborbigt -t (g) Short-term dock space 4. Rentals a ercentage Rental b) Minimum Rental (c) Accounting year (d) Payment of rentals (e) Place of payment and filing (f) Definition of Gross Receipts (g) Permit & license fees (h) Delinquent install- ments (i) Revision of % rental (j) Adjustment of Mini- mum Rental 5. Records & Accounts (a ) Bookkeeping (b) Inspection �c) Annual statement d) Audit 6. Maintenance (a essee o do (b) Lessor may elect to do (c) Right of Inspection (d) Compliance with laws 7. Lessee to Pay All Taxes, Utilities, etc. .7 0 5 5 6 6 7 7 7 11 12 12 13 14 15 15 15 16 16 17 17 17 18 18 18 18 18 O F L E A S E Par. Subiect 7,(b) Utilities (c)Mechanics liens 8. Indemnity & Insurance (a) indemnity (b) Liability (c) Fire 9. Eminent Domain or De- struction ot Premises a). .Eminent domain b) Destruction 10. Alienation or As- S1 nmen a essor's consent (b) Effect of attempt (c No waiver , 11. Default & Termination (b) Terminatirn settlement (c) Subtenants continue (d Re -entry (e) Removal of fixtures (f) Surrender of possession �g) Remedies cumulative h) No waiver (i) Holding over 12. Notices 13. Easements Trusts & arranties a ease subject to easements & trusts (b) Lessor makes no warranties 14. Miscellaneous (—aT7o partnership or joint venture (b) Inurement (c) Captions Execution Page L- 18 18 19 19 20 20 21 21 22 W*1 23 23 24 24 24 25 25 25 26 26 27 27 28 28 29 29 29 30 30 30 30 L III 2 3 41 S 6 7 8 9 10 11 12 13 141 d 18 t Im 16 18 17 181 19 20 21 22 23 24 281 261 27 28 2911 30' L E A S E THIS LEASE, made and entered into this day of , 1964, between the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "LESSOR ", and hereinafter referred to as 'USSEE ", W I T N E S S E T H: 1. Description of Premises. (a) Lands included in leasehold. In considera- tion of the rents herein reserved and of the covenants and agreements herein contained to be kept and performed by the LESSEE, the LESSOR hereby leases to the LESSEE, for the purposes hereinafter set forth, the following described lands situated in the County of Orange, State of California: Four parcels of land situated in the City of Newport Beach, being a portion of Section 28, T -6 -S, R -10 -W, S.B.B.M. and more particularly described as follows, to wit: Parcel No. 1 Beginning at a point on the westerly line of Lot L of Tract No. 919, as said tract is laid out and shown upon a map recorded in Miscellaneous Map Book 29, Pages 31, 32, 339 34, Official Records of Orange County, California, said westerly line bears N. 11° 57 35" E., said point being distant L 1 1 60.00 feet measured along said westerly line of Lot L and northerly of U.S. Bulkhead Line between U.S. 2 Bulkhead Station No. 128 and 128A, as said U.S. j Bulkhead Lines and Stations are laid out and shown 3 upon a map titled "Harbor Lines, Newport Bay Harbor ", approved by the Secretary of the Army, February 15, 4 1951, and on file in the U.S. District Engineer's Office, Los Angeles, California, a radial line 5 through said points bears N. 25° 00' E; thence westerly along a curve concave to the South, and e having a radius of 480 feet and a central angle of 46° 16' 46" an arc distance of 387.71 feet to an 7 intersection with the aforementioned U.S. Bulkhead Line lying between U.S. Bulkhead Stations No. 128 8 and 227B; thence northwesterly along said U.S. Bulkhead Line a distance of 49.27 feet more or less 9 to the southeasterly corner of Parcel No. 2 of that certain easement described in deed to the State of 10 California from the City of Newport Beach, recorded in Book 3680, Page 54, and dated October 17, 1956, 11 Official Records of said Orange County; thence north- easterly along the easterly line of said last mentioned 12 Parcel No. 2 to an intersection with the southeasterly line of Parcel No. 1, described in deed to the State j 13 of California from the County of Orange recorded in Book 3680, Page 50, and dated October 1% 1956, Official 14 Records of Orange County; thence northeasterly along the southeasterly line of said Parcel No. 1 15 to the most easterly corner of said parcel; thence northerly along the easterly line of said Parcel No, 1 8 18 to an intersection with the southerly line of that certain parcel of land described in deed to the 6 17 State of California from the County of Orange recorded in Book 293, Page 158, and dated June 29, 1929, 18 Official Records of Orange'County; thence.easterly along the southerly line of said last mentioned parcel of 19 land to an intersection with the westerly line of the afore - mentioned Lot L, of said Tract No. 919; 20 thence S. 11° 57' 35" W. along the westerly line of said Lot L, to the point of beginning. 21 22 23 Parcel No. 2 24 All that parcel of land lying between the southerly line of Parcel No. 1 as described herein and the U.S. 25 Bulkhead Line between Stations 128A and 227A as said U.S. Bulkhead Lines and Stations are laid out and 28 shown upon a map titled "Harbor Lines, Newport Bay Harbor ", approved by the Secretary of the Army, 27 28 29 L 2 30 o � o 1 2 3 4 5 6 7 8. 9'. 10''. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 February 15, 1951, and on file in the U.S. District Engineer's Office, Los Angeles, California, and lying westerly of the westerly line of Lot L of Tract No. 919, as shown upon a map recorded in Miscellaneous Map Book 29, Pages 31, 32, 33, 34, Official Records of Orange County, California. Parcel No. 3 Beginning at the U.S. Bulkhead Station No. 227A as U.S. Bulkhead Lines and Stations are laid out and shown upon a map titled "Harbor Lines, Newport Bay Harbor ", approved by the Secretary of the Army, February.15, 1951, and on file in the U.S. District Engineer's Office, Los Angeles, California; thence northwesterly along the north- westerly prolongation of the U.S. Bulkhead Line between U.S. Bulkhead Stations No. 227A and 227B in a direct line to the northeast corner of that certain parcel of land described in deed to the State of California from the City of Newport Beach, recorded in Book 3111, Page 125, and dated June 12, 1955, Official Records of Orange County, California; thence generally southwesterly along the boundary of said last mentioned parcel to the most.southerly corner thereof; thence southwesterly along the southwesterly prolongation of the northwesterly line of said parcel of land to an intersection with the North Channel Reservation Line as recorded in Book 162, Page 1, Official Records of said Orange County; thence easterly along said Channel Reservation Line and its northeasterly prolonga- tion to the U.S. Bulkhead Station No. 226A as said Bulkhead Stations are laid out and shown upon a map titled "Harbor Lines, Newport Bay Harbor "; thence northeasterly along U.S. Bulkhead Line between U.S. Bulkhead Stations No. 226A and 227A • distance of 85.88 feet; thence northeasterly in • direct line to U.S. Bulkhead Station No. 227B; thence northwesterly along U.S. Bulkhead Line to U.S. Bulkhead Station No. 227A, the point of beginning, Parcel No. 4 That certain parcel of land described as parcel 2 in deed to State of California from the County of Orange recorded in Book 3680 page 54, L 3 1 Official Records of Orange County, and containing .06 acres, more or less. 2 3 Parcels No. 1, 2, and 3 are owned in fee by the LESSOR 4 and the City of Newport Beach, and are being leased by the S LESSOR pursuant to the Lease Agreement between the LESSOR a and the City dated March 5, 1958. Parcel No. 4 is owned 7 in fee by the LESSOR, subject to a slope and drainage 8 easement held by the State of California, Division of 9 Highways. 10 (b) Submerged land adjoining leasehold. The 11 improvements shown on the plans mentioned below to be located 12 in the water area outside the leasehold, will be constructed 13 on the water and on submerged lands owned in trust by the 14 City of Newport Beach under a permit issued by the City 15 Council of Newport Beach, and have heretofore been S� 18 authorized by the United States Corps of Engineers. The $0 17 construction and maintainance of such structures are not now IS subject to any annual or periodic fee for the occupancy of 19 such water area and submerged land. Should the policy of the 20 City of Newport Beach change and a fee for such occupancy 21 be imposed by said City, LESSEE would become subject to such 22 fee and with respect thereto would be in the same position 23 as any owner or lessee of uplands fronting on tide or sub - 24 merged lands owned by said City, and using same for piers, 25 26 27 �u L 4 30 II 1 wharves or floating docks. 2 2. Term. 3 This Lease shall be for a term commencing on the date 4 of execution thereof and ending on June 30, 2008. 5 3. Imprcvements to be Constructed by the Lessee. 6 (a) Description; time limit for construction. 7 LESSEE covenants and agrees that it will, at its sole cost g and expense and within the time and in the manner hereafter 9 set forth, construct the improvements described in the plans 10 entitled "Lease Improvements for City - County Dock Property ", 11 Drawing No. N 12.5 -1, consisting of 12 sheets, and Specifi- 12 cations consisting of pages S 1 through S 68, attached 13 hereto and made a part hereof, with the exception of "Building 14 A". LESSEE may, at his option, omit all or any portion of A15 Building A; provided, that if he so omits or delays its V16 construction he shall nevertheless build restroom facilities 17 for the boat slips on the site of Building A or B or both, 18 sufficient to meet standards prescribed by LESSOR and the 19 City of Newport Beach, and provided further that if Building 20 A or any portion thereof is built, its cost of construction, 21 exclusive of trade fixtures and architect's and engineer's 22 fees, shall be at least eighteen dollars ($18.00) per square 23 foot of total gross floor area within the building. 24 LESSEE agrees to complete the construction of the 25 required improvements within one year from the date hereof. 26 No other buildings may be built without written 27 approval of the LESSOR. 28 29 30 L 5 I (b) Detailed plans and specifications. The 2 LESSEE covenants and agrees that within 180 days after the 3 execution of this lease it will, at its own expense, prepare i4 or cause to be prepared and delivered to the LESSOR detailed 5 plans and specifications for all of the buildings and other 6 improvements herein required to be constructed and made by 7 the LESSEE. Before commencement of work on improvements, 8 the detailed plans and specifications must be approved by the 9 LESSOR. 10 (c) Strict compliance with plans and specifications. 11 All of said buildings and improvements, including landscaping, 12 shall be constructed, equipped and made in strict accordance 13 with the detailed plans and specifications approved by LESSOR, 14 and within the time hereinbefore specified. If the LESSEE 115 be delayed in the construction and completion of said buildings 59 B 16 and improvements by acts of God, strikes or other causes 17 beyond the control of the LESSEE, the time for completion shall 18 be extended by the length of such delay or delays. 19 Said buildings, improvements and landscaping shall 20 be constructed and performed in compliance with the applicable 21 laws, ordinances, rules and regulations of the State of 22 California, County of Orange, and City of Newport Beach and 23 other lawful authority having jurisdiction. 24 .(d)- Statement of construction costs. Immediately 25 upon completion, LESSEE shall furnish LESSOR an itemized 26 statement or statements of the actual costs of construction 27 of all buildings, improvements and landscaping work on the 28 29 30 L 6 1 premises. The statements shall be subscribed and sworn to 2 by an authorized officer of the LESSEE. 3 (e) Improvements to become property of LESSOR. 4 All buildings, improvements and fixtures; exclusive of trade 5 fixtures, constructed or placed upon the leased premises by e LESSEE must, upon completion, be free and clear of all liens, 7 claims or liability for labor or material and shall become 8 the property of the LESSOR at the expiration of this Lease 9 or sooner termination thereof. 10 (f) Maintaining space for Harbor District. The 11 finger slip on Dock No. 1 marked "Harbor District" as shown 12 on sheet 6 of the attached plans, and the water area on each 13 side thereof shall be kept free and clear for use by the 14 Orange County Harbor District for the docking of vessels g 15 and for the loading and unloading of persons and property. 18 Space for the parking of one vehicle of the Orange County 17 Harbor District or an emergency vehicle shall be maintained I8 on the land area near said Dock No. 1. i 19 (g) Dock space for short -term use. LESSEE shall 20 maintain 10% of the total lineal distance of dock space 21 constructed hereunder to provide space for vessels on a short- 22 term basis. Vessels regularly berthed at other harbors and 23 temporarily visiting Newport Harbor shall be given priority 24 for use of said space. Within said space LESSEE shall make 25 provision for not less than two (2) such vessels with the 28 maximum beam which the widest slips constructed hereunder 27 will accommodate. Such dock space may be rented for a period 28 29 L 7 30 1 or for consecutive periods not to exceed 5 days each, and 2 upon termination of any such period, as to any vessel, such 3 space shall be made available for use by a visiting yacht 4 not previously occupying said space if application therefor 5 is pending, or secondly to a local yacht not previously e occupying the space if application therefor is pending. 7 Application for use of such space may be made either by the 8 owner or operator of any such vessel or by the Harbor Manager. 91 4. Rentals. 10 (a) Percentage rental. LESSEE covenants and 11 agrees to pay to LESSOR as rental, at the times and in the 12 manner hereinafter provided, an amount equal to the total 13 of the following percentages of the gross receipts from any 14 and all businesses, operations, concessions or activities 15 conducted on or from the leased premises: 6� $ 18 (1) Boat Sales - New and Used 1'k% 1117 (2) Restaurant 2% 18 (3) Bar (On Sale) 3% 19 (4) Retail Stores, Clothing, Gifts, etc. 3% 20 (5) Motel, Hotel Rentals 6% 21 (6) Apartment Rentals 10% 22 (7) Barber & Beauty Shops 5% 23 (8) Package Liquor (Off Sale) 3% 24 (9) Ship Chandlery 37. 25 (10) Service & Labor Charges 3% 28 (11) Coin Vending Machines 5% 27 (12) Office Rentals 12% 28 29 3011 L 8 1 (13) Insurance & Brokerage Commissions 107, 2 (14) Club Dues & Initiation Fees 10% 3 (15) Pay Telephones 10% 4 (16) Boat Slip and Related Rentals 227. 5 (17) Parking Fees 2290 6 Percentage rentals of gross receipts from any other business 7 activities desired to be conducted on the premises and allowed e by applicable city ordinances, shall be as agreed upon by 9 the parties. 10 (b) Minimum rental. LESSEE covenants and agrees 11 to pay to LESSOR a monthly minimum rental of six hundred 12 dollars ($600) per month for the first twelve months, and 13 one- twelfth of the annual minimum rental specified below 14 per month thereafter until the commencement of the next 15 accounting year; and an annual minimum rental per accounting 8 16 year during the balance of the term thereafter in the sum of 17 18 dollars ($ ), subject 19 to adjustment as provided in sub- paragraph (j) below. 20 (c) Accounting year. The accounting year shall 21 be from October 1st to September 30th; except that if LESSEE 22 chooses to have it coincide with LESSEE'S income tax year, 23 it may so determine within one year after date hereof, upon i 24 notice to the County Auditor. 25 (d) Payment of rentals. LESSEE covenants and 26 agrees that on or before the 10th day of each month hereafter 27 it will render to LESSOR a full and correct statement of all 28 29 30 L 9 lI gross receipts for the preceding calendar month. 2 As long as a monthly minimum rental applies to 3 such month; the statement shall show items (1) and (2) below, 4 and the payment shall be the total percentage rental or such 8 monthly minimum, whichever is the greater. e Beginning with the statement for the first month 7 in the first accounting year to which the annual minimum 8 rental applies, the statement shall show: 9 (1) the total gross receipts, itemized as 10 to each of the separate categories thereof upon which 11 the percentage rental herein reserved is based; 12 (2) the itemized amounts of percentage 13 rental computed as herein provided, and the total 14 thereof; 18 (3) the total rental previously paid by 16 LESSEE for prior months of the current accounting 8' 17 year; and 18 (4) the rental due for the preceding 19 month; 20 and LESSEE covenants and agrees to pay, concurrently with 21 the rendering of each monthly statement, whichever of the 22 following two amounts is the greater: (a) the total per - 23 centage rentals for the preceding month [item (2),.above]; 24 or (b). one - twelfth of the annual minimum rental, times the 25 number of months which have elapsed in the current accounting 28 year, less the total rental previously paid for prior months 27 therein [item (3),. above]. 28 29 30 L 10 I (e) Place of payment and filing. All rentals 2 shall be payable at and all statements and reports herein 3 required shall be filed with the office of the Auditor- 4 Controller of the County of Orange, 630 North Broadway, 8 Santa Ana, California. Rentals may be paid by check made e payable to the County of Orange. 7 (f) Definition of gross receipts. The term 8 "gross receipts" upon which the percentage rentals are to be 9 based shall be defined as: 10 (1) including the sale price of all goods, 11 wares, merchandise, and products sold on or from the 12 leased premises, whether sold by the LESSEE, its 13 agents, sublessees, concessionaires or licensees, or 14 whether for cash or on credit, and in case of sales 18 on credit, whether payment is actually made or not; 9 16 (2) including the charges made by the LESSEE, 17 its agents, sublessees, concessionaires or licensees 1s for the sale or rendition on or from the leased 19 premises of services of any nature or kind what - 20 soever, whether for cash or on credit, and in case of 21 credit, whether payment is actually made or not; 22 (3) including all admission, entry and 23 other fees of any nature or kind charged by LESSEE, i 24 its agents, sublessees, concessionaires or licensees; 23 (4) including all sums deposited in any pay 28 telephone or coin - operated vending machines or other 27 devices maintained on said premises, regardless of 28 29 30 L 11 I ownership of the machines or whether such sums are 2 removed and counted by LESSEE or by its agents, 3 sublessees, concessionaires or licensees, and regard- 4 less of what percentage thereof LESSEE is entitled o to receive; e (5) including the rental value of comparable 7 facilities for boat slips, office space, and other 8 facilities used by LESSEE or his employees per - 9 sonally; 10 (b) excluding all sales and excise taxes paid it by LESSEE or its agents, sublessees, concessionaires 12 or licensees to Federal, State, County or municipal 13 governments. Refunds for goods returned shall be 14 deducted from current gross receipts upon return, ` 18 Bad debt losses shall not be deducted from gross 16 receipts * 1117 (g) Permit and license fees. Rentals due hereunder 18 shall not be diminished by the amount of any fee or fees paid 19 by LESSEE or its agents, sublessees, concessionaires or 20 licensees for permits or licenses issued by the City of Newport 21 Beach for the slips and other facilities to be maintained on 22 the city -owned water of submerged land area adjoining the 23 premises, nor shall the amount of such fees be deducted from 24 gross receipts. 25 (h) Delinquent installments. Any installment of 26 rental which shall not be paid when due shall bear interest 27 at the rate of 7% per annum from the day when the same is 28 29 30 L 12 1 payable.hereunder until the same shall be paid. 2 (1) Revision of percentage rental. Any one or 3 more of the above - specified percentages, or of those which 4 may be agreed upon for other businesses, shall be subject a to revision to be effective as of the beginning.of the g accounting year which commences in 1968, and every five years 7 thereafter during the term hereof, upon written demand of . e either party made within six months prior to any such date. 9 Any such revision determined after the beginning of the 10 accounting year shall be retroactive to the beginning thereof. 11 Such revision shall be made by negotiation; but if agreement 12 is not reached within two months after such demand, it shall 13 be made by arbitration under Part 3, Title IX of the California 14 Code of Civil Procedure. i�15 The purpose of such revision and the instructions 16 to the arbitrators, if necessary, shall be as follows: 17 ( ) to adjust the percentages in 1 j p g question to take account 29 of changed relative price levels in various businesses, and 19 changed property values and business conditions since the 20 date hereof or the next preceding such revision; (2) to 21 allow LESSEE a fair return on his invested capital after 22 rent, assuming straight line depreciation of improvements 23 made by LESSEE over the remainder of the term of the lease; 24 (3) to consider such return to be over and above reasonable 26 management costs, assuming prudent management of the premises; 26 and (4) to correct any disproportions between the various 27 percentages in order to provide'LESSEE with equal financial 28 29 3011 L 13 I incentive to conduct the various types of business or sub - 2 lease for them. 3 (j) Adjustment of annual minimum rental. The 4 annual minimum rental specified in subparagraph 4 (b) above g shall be subject to adjustment in proportion to changes in 6 the Consumer Price Index for Los Angeles promulgated by the 7 Bureau of Labor Statistics of the U. S. Department of Labor# e in the following manner: 9 (1) Such adjustment shall be made auto - lo matically and without notice every five yeaw, effective for 11 rental payments due for the accounting year beginning in 12 1968 and every five years thereafter, based upon the average 13 monthly index for the 12 calendar months ending with and 14 including the fourth month prior thereto, and in proportion all18 to the change therein from the average monthly index for the 16 12 calendar months ending with and including the month in �@ 17 which this lease is executed, or the average index upon which 18 the next previous five -year adjustment shall have been based. 19 Such five -year adjustment shall be made regardless of any 20 intervening adjustment made pursuant to the following.paragraph. 21 (2) Either party shall have the right to 22 adjust said annual minimum rental effective as of the begin - 23 ning of any other accounting year, provided said index for 24 the average of the three months ending with the fourth month 26 prior thereto shall have changed at least two percent from 26 the index or average of indexes upon which the then current 27 minimum rental shall have been based. Such adjustment shall 28 i 29 L 14 30 I be made only upon written notice dated on or before the 15th 2 day of the month prior to the beginning of the accounting 3 year, and the adjustment shall be computed as in paragraph (1). 4 5. Records and Accounts. 5 (a) Bookkeeping. LESSEE covenants and agrees that a it will, at all times during the term of this Lease, keep or 7 cause to be kept true and complete books, records and accounts a of all financial transactions in the operation of all businesses, g concessions, services, and activities of whatever nature con - 10 ducted on or from said premises. The records must be sup - 11 ported by documents from which the original entry of the Z2 transaction was made, including sales slips, cash register 13 tapes, and purchase invoices. 14 All retail sales and charges except boat sales 15 shall be recorded by means of cash registers which display is to the customers the amounts of the transactions and auto - �8g 17 matically issue receipts certifying the amounts recorded. 18 The registers shall be equipped with devices which lock in 19 sales total, transaction records, or counters which are not 20 resettable and which shall record on tapes the transaction 21 numbers and sales details.. Cash register readings shall be 22 recorded at the beginning and end of each day. 23 LESSEE covenants and agrees that it will comply 24 with and require all of its sublessees, concessionaires, 25 licensees, agents and employees to comply with the foregoing 26 requirements. 27 (b) Inspection of Records. All books, records and 28 29 L 15 . 30 1 2 3 4 al e 7 a 9 10 11 12, 13I 14 1 16 $� 18 �a 17 18 j 19 20! 21 23, 24'. 231 28 27I, 28 29' 30 accounts of every kind or nature kept by the LESSEE, its sublessees, agents or employees, licensees or concessionaires relating to the operation of any business, concession, service or activity conducted on or from said premises shall, at all reasonable times, be open and made available for inspection or audit by the LESSOR, its agents or employees, upon request, (c) Annual statement of income. Within two months after the end of each accounting year, beginning with that ending in 1965, LESSEE shall furnish LESSOR a statement of income, certified by a certified public accountant who is satisfactory to the LESSOR, showing all gross income re- ceived and accrued from the premises during the previous accounting year, and separately showing that which is in- cluded and that which is excluded or deducted from gross receipts as defined in paragraph 4 (f) above. If such state- ment differs from the total of LESSEE's monthly statements for the year, the necessary adjustment shall be made and paid with or deducted from LESSEE's next monthly payment due after the date of the annual statement. (d) Audit. LESSOR shall have the right to audit any or all such books, records and accounts for the purpose of verifying the percentage rentals required to be paid to the LESSOR hereunder, If such audit shall show that the percentage rental required to be paid the LESSOR is greater than the amount reported or paid by LESSEE, LESSEE covenants and agrees to pay the costs of the audit; other- wise such costs shall be borne by the LESSOR. LESSOR L 16 I reserves the right to install any accounting devices or 2 machines, with or without personnel, for the purpose of 3 accounting or audit. 4 6. Maintenance of Landscaping and Improvements. 6 (a) LESSEE to maintain all landscaping, buildings e and improvements. LESSEE covenants and agrees that during 7 the term of this Lease it will, at its own cost and expense, a maintain the grounds, landscaping, and all buildings, and 9 any other improvements of any kind or nature constructed or 10 installed on the leased premises by the LESSEE, at a high 11 standard of maintenance and repair. Maintenance shall 12 include painting. 13 (b) LESSOR may elect to repair and maintain at 14 expense of LESSEE. If, in the judgment of the LESSOR, such X8119 standards of maintenance and repair are not being maintained, 28 it may at its option, after written notice thereof to the 8 17 LESSEE and LESSEE's failure to commence in good faith to 18 remedy the same within the time herein provided and there- 19 after diligently prosecute the same to completion, elect to 20 correct any deficiency, whether it be in reference to grounds, 21 landscaping, building or improvements. LESSEE covenants and 22 agrees to pay to the LESSOR on demand any and all sums . 23 expended by it in correcting any such deficiency together 24 with an equal sum as liquidated damages by reason of LESSEE's 25 failure to perform and keep this covenant. I£, in the 28 judgment of the LESSOR, the disrepair or lack of maintenance 27 constitutes an emergency, the notice herein provided shall.be. 28 29 L 17 30 I a 24 hours'notice to remedy; in all other cases it shall be. 2 a 5 days' notice. 3 (c) LESSOR'S right of inspection. LESSOR reserves 4 the right by its authorized agents, employees or represeuta- 5 tives to enter the leased premises to inspect the same or B any part thereof at any time and to attend to or protect 'i the LESSOR's interest under this Lease. 8 (d) Compliance with lews� ordinances and reule 9 tions. LESSEE covenants and agrees to comply with all rules. XO regulations, statutes, ordinances and laws of the State of 11 California, County of Orange, the City of Newport Beach, or 12 any other governmental body or agency having lawful juris- 18 diction over the leased premises or the business, enterprises, 14 or activities conducted thereon, 18 7. LESSEE to pay_ all taxes, utilities, etc. '� 18 (a) Taxes. LESSEE covenants and agrees to pay, 17 prior to delinquency, all taxes and assessments upon the I 18 possessory interest created by this Lease and on all improve - 19 ments, fixtures, furniture, and other property owned by 20 LESSEE and used on the premises. 21 (b) Utilities. LESSEE covenants and agrees to 22 pay, prior to delinquency, all charges for sewer, refuse 23 collection, water, gas, electricity and other utilities 24 which may be used by LESSEE, its agents, sublessees, con - 25 cessionaires or licensees, as well as all costs and expenses 28 incurred in the installation thereof. 27 (c) Mechanics liens. LESSEE shall pay all costs 28 29 L 18 30 I of any alterations or additions to any building, structure 2 or improvement located on the leased premises, and shall 3 keep the leased premises and the improvements located thereon 4 free and clear of mechanics liens. LESSEE shall indemnify 8 and save the LESSOR harmless from any and all mechanics liens 6 or claims of lien, costs and expense which may accrue, grow 7 out of or be incurred by reason of or on account of such 8 lien or claim of lien. LESSOR shall have at all times the i 9 right to post and keep posted on the leased premises such 10 notices provided for under and by virtue of the laws of the 11 State of California for the protection of the leased premises 12 from mechanics liens or li.eiis of a similar nature. 13 8. Indemnity and Insurance. 14 (a) Indemnity. LESSOR shall not be liable at 15 any time for loss, damage or injury to the property or person 8 16 of any person whomsoever at any time occasioned by or arising 8 17 out of any act or omission of the LESSEE or of anyone holding 18 under the LESSEE on the premises, or the occupancy or use of 19 said leased premises or any part thereof by or under the 20 LESSEE, or directly or indirectly from any state or condition 21 of said premises or any part thereof during the term of this 22 Lease. 23 Notwithstanding anything to the contrary herein con 24 tained and irrespective of any insurance carried by LESSEE 26 for the benefit of LESSOR under the terms hereof, LESSEE 26 agrees to protect, indemnify and hold LESSOR and said 27 leased premises harmless from any and all damages or 28 29 L 19 30 I liabilities of whatsoever nature arising under the terms 2 hereof or arising out of or in connection with the opera - 3 tion carried on by LESSEE or by anyone holding under the 4 LESSEE on, or the use or occupancy of, the leased premises; 5 (b) Liability insurance. LESSEE agrees: e (1) To procure and maintain a policy or 7 policies of public Liability and property damage insurance a in a good and solvent insurance company or companies for the 9 joint and several benefit of LESSEE and the County of Orange 10 and the City of Newport Beach, in amounts not less than set 11 forth below, and under and by the terms of which LESSOR is 12 protected from and insured against any and all loss, damage 13 or liability of whatsoever nature arising out of or in 18 rence, and $50,000.00 for property damage. 20 (2) To deliver to LESSOR copies of all 21 policies and endorsements thereto evidencing the insurance 22 procured by LESSEE under the terms hereof. 23 24 (c) Fire insurance. LESSEE agrees to take out 25 fire and extended coverage insurance with an insurance carrier 26 satisfactory to the LESSOR to protect from loss the interests 27 of the LESSEE and LESSOR in any improvements or installations 28 23 30 L 20 14 connection with the use of or operations on the leased premises 1 15 during the term hereof. The limits of liability on any policy a8 1 18 of public liability insurance shall. be not less than �8 17 $100,000.00 for injury or death of one person, $500,000.00 18 for injury or death of more than one person in one occur- 18 rence, and $50,000.00 for property damage. 20 (2) To deliver to LESSOR copies of all 21 policies and endorsements thereto evidencing the insurance 22 procured by LESSEE under the terms hereof. 23 24 (c) Fire insurance. LESSEE agrees to take out 25 fire and extended coverage insurance with an insurance carrier 26 satisfactory to the LESSOR to protect from loss the interests 27 of the LESSEE and LESSOR in any improvements or installations 28 23 30 L 20 E4 3 4 8 7 8 9 10 11 12 is 14 de 16 tl�d 18 a $ 17 00 18 19 20 21 22 23 24 28 26 27 28 29 30 on the leased premises. Such insurance shall be in an amount not less than 80% of the sound and insurable value of the improvements. Certificates of such insurance shall be filed with the LESSOR and shall be satisfactory in form to the LESSOR. Said policies shall have a non - cancellation - without- notice clause and shall provide that copies of all cancel- lation notices shall be sent to LESSOR. If the LESSEE fails to procure or renew such insurance, LESSOR may, in its discretion, procure or renew such insur- ance and pay any and all premiums in connection therewith. All moneys so paid by the LESSOR shall be repaid by the LESSEE to the LESSOR upon demand, with interest at the rate of 7% per annum from date of payment by LESSOR until repaid. 9. Eminent Domain or Destruction of Premises. (a) Eminent domain. (1) If all or any part of the premises are taken under the power of eminent domain, this lease shall terminate as to the part taken and rentals shall be adjusted as provided below, and all sums awarded by the Court or sums paid under a settlement prior to trial shall be apportioned between the County and the LESSEE as provided in (3) below. (2) In the event of condemnation of a por- tion of the premises, the minimum rental for the remaining property shall be reduced in proportion to the lessening, if any, in the income- producing potential of the land, assuming it to be vacant, but subject to the terms of this Lease. (3) The division of the condemnation award L 21 1 2 3 4 S 6 7 8 9 10 11 12 13 14 8g 18 D '01 17 1811 19 20 21 22 23 24 26 26 271 28 29 30 or agreed settlement shall be in proportion to the respective values of the LESSEE's and LESSOR's interest in the premises; however, the LESSEE's share of any award shall not include any payment for land taken or for any damages to land not taken. The LESSEE's interest in improvements taken, and in compensation for damages to any particular improvements not taken, shall not exceed the replacement cost of such im- provements, or of all improvements in case of a full taking, as of the date of value, less straight -line depreciation computed over the life of the lease. (b) Destruction of buildings or improvements, (1) Partial.destruction: If there be a partial destruction of any of the buildings or improvements of any nature located on the leased property, the LESSEE shall as soon as reasonably possible commence to repair and restore said damage, and shall continue diligently to com- plete said repairs. Such partial destruction shall not in any way cancel or annul this Lease, but the requirement of minimum rental shall not apply during the repairing period. (2) Total destruction: In the event of the total destruction of any building, structure or improve- ment required to be built under paragraph 3 above, LESSEE shall as soon as reasonably possible commence the con- struction, reconstruction and restoration of said building and shall prosecute the same diligently to completion. Any such total destruction shall in no wise annul this Lease L 22 1' 2 3 4 5 s 7 8 9 10 11 12 13 14 J 16 }F�}$ 16, 0 fig °017 18 19I 20'' 21', 22 23 24 25 26 27 28 29 30 except that the minimum rental requirement shall not apply while such restoration or rebuilding is in process. 10. Alienation or Assi &nment, (a) LESSOR's consent required. Neither this Lease nor any interest therein, whether legal or equitable, shall be assigned or sublet, in whole or in part, alienated, pledged, mortgaged or hypothecated, voluntarily or by opera- tion of law, without the prior written consent of the LESSOR; nor shall this Lease be subject to garnishment or sale under execution in any suit or proceeding which may be brought against or by the LESSEE; provided, however, that subleases to business tenants with a term not exceeding five years may be approved by the administrator of this Lease in behalf of LESSOR. (b) Effect of attempt. If the LESSEE, without securing prior written approval of the LESSOR, attempts to effect such a transfer, assignment, sublease, mortgage, or hypothecation; or a transfer occurs by operation of law; or this Lease or any interest therein is subjected to garnish - ment or sale under any execution in any suit or proceeding brought against or by the LESSEE, and the same is not released with 25 days; or if the LESSEE is adjudged bankrupt or in- solvent by any court, or upon the LESSEE's making an assign -. ment for the benefit of creditors; the LESSOR may, at its option, forthwith terminate this Lease upon written notice thereof to the LESSEE and thereupon the LESSEE shall have no further rights hereunder, except as set forth in paragraph 11 L 23 1 below. 2 (c) No waiver. No consent by the LESSOR to any 3 assignment or hypothecation of this Lease or any part thereof 4 or in the.subletting of said premises or any part thereof 8 or to the granting of any concessions or licenses therein by e the LESSEE shall be held to waive the covenants contained 7 herein without the written consent of the LESSOR as to any 8 further assignment or subletting in whole or in part or 9 hypothecation or the granting of any further concessions 10 or licenses. 11 11. Default and Termination of Lease, 12 (a) Default. Time and each of the terms, 13 covenants and conditions hereof are expressly made the 14 essence of this agreement. W 18 If the LESSEE shall fail to comply with any of the Ile terms, covenants, or conditions of this Lease, including 8 17 the payment of the rentals herein reserved, at the time and 28 in the amounts herein required, and shall fail to remedy 19 such default within fifteen (15) days after service of a 20 written notice from LESSOR so to do if the default may be 21 cured by the payment of money, or to commence in good faith 22 to remedy any other default within fifteen (15) days and 23 thereafter diligently prosecute the same to completion, or 24 if LESSEE shall abandon or vacate the leased premises, 23 LESSOR may, at its option, and without further notice or 2$ demand, terminate this Lease and enter upon the leased 27 premises and take possession thereof and remove any and all 28 29 L 24 30 M Pal 3 4 5 e 7 8 9 10 11 12 13 14 15 �° 18 17 18 19 20 21 22 23 24 25 28 27 28 29 30 persons therefrom with or without process of law. (b) Termination settlement. Upon termination, LESSEE shall pay to LESSOR a sum of money equal to the amount, if any, by which the current cash value of anticipated rent hereunder for the balance of the term exceeds the current market value of the remaining leasehold estate. Anticipated rent shall be deemed to be equal to either the current rate of minimum rental, or the average of the above- specified percentages of gross receipts for all past accounting years beginning with the first to which the annual minimum rental applies, whichever is the greater. (c) Subtenants continue. Upon termination, all sub - leases of portions of the premises shall remain valid, with LESSOR substituted in place of LESSEE thereunder; and any further principal lease of the premises shall be subject thereto. (d) Re- entry. LESSOR may, at its option,.elect to re -enter and take possession of said premises and re -let said property or any part thereof for the account of the LESSEE, for such rent and upon such terms as shall be satisfactory to the LESSOR, without such re -entry working a forfeiture of the rents to be paid and the covenants to be performed by the LESSEE during the full term of the Lease. For the purpose of such re- letting, the LESSOR is authorized to make any repairs, changes, alterations or additions in or to said premises that may be necessary or convenient, and if a sufficient sum shall not be realized monthly from L 25 1 such re- letting, after paying all of the costs and expenses 2 of such repairs, changes, alterations or additions and the 3 expense of such re- letting and the collection of the rent y accruing therefrom each month to satisfy the rental herein 5 required to be paid by the LESSEE, then the LESSEE will e satisfy and pay such deficiency each month upon demand 7 therefor, g (e) Removal of fixtures. All trade fixtures, 9 equipment and signs installed by the LESSEE and any sub - 10 lessees or holders or owners of any concessions or license 11 agreements shall be and remain the property of the person, 12 firm or corporation installing the same, and shall be re- 13 movable at any time during the term of this Lease, or within lg sixty (60) days after expiration or sooner termination hereof, d� 15 provided the LESSEE is not then in default hereunder. The 6� 18 removal of such fixtures, equipment and signs shall be at 1127 LESSEE's expense and LESSEE shall repair any damage or injury 18 to the leased premises or any building, structure or im- 19 provement located thereon occasioned by the installation or. 20 removal thereof. In the event this Lease shall be terminated 21 before the expiration of the term hereof by reason of a 22 breach by the LESSEE of any of the terms, covenants, conditions 23 or agreements of this Lease, all such fixtures, equipment and. 24 signs then owned by LESSEE shall become the property of the 25 LESSOR and no compensation shall be allowable or paid therefor. 26 (f) Surrender of possession upon termination. 27 LESSEE covenants and agrees that upon the expiration or 28 29 L 26 30 1 sooner termination of this Lease, the LESSEE will peaceably 2 surrender the leased premises with all buildings and im- 3 provements, in the same condition as when received or con - 4 structed, reasonable use and wear thereof, and damage by 5 fire, act of God, or by the elements excepted. Any improve- 6 ments built, constructed or placed upon the leased premises 7 by the LESSEE, or anyone holding by, under, or through ft, g shall remain on the leased premises and become the property 9 of the LESSOR without any cost to LESSOR upon the termina- to tion of this Lease, whether by lapse of time or by reason of 11 default, 12 (g) Remedies cumulative, The rights, powers, 13 elections and remedies of the LESSOR contained in this Lease 14 shall be construed as cumulative and no one of them shall be 15 considered exclusive of the other or exclusive of any rights Iz f 18 or remedies allowed by law, and the exercise of one or more s 17 rights, powers, elections or remedies shall not impair or be 18 deemed a waiver of LESSOR's right to exercise any other, 19 (h) No waiver, No delay or omission of the 20 LESSOR to exercise any right or power arising from any 21 omission, neglect or default of the LESSEE shall impair any 22 such right or power or shall be construed as a waiver of any 23 such omission, neglect or default on the part of the LESSEE 24 or any acquiescence therein, 251 No waiver of any breach of any of the terms, covenants, 26 agreements, restrictions or conditions of this Lease shall be 27 construed as a waiver of any succeeding breach of the same 28 29 L 27 30 1 1 or any of the terms, covenants, agreements, restrictions 2 or conditions of this Lease. 3 (1) Holding over. It is mutually agreed that if 4 the LESSEE shall hold over after the expiration of this 5 Lease for any cause, such holding over shall be deemed a 6 tenancy from month to month only, at the same percentage 7 rental, and a monthly minimum rental of one - twelfth the final ' 8 annual minimum rental, and upon the same terms, conditions and 9 provisions of this Lease, unless other terms, conditions 10 and provisions be agreed upon in writing by the LESSOR and 11 the LESSEE. 12 12. Notices. It is mutually agreed that any notice 13 or notices provided for by this Lease or by law to be given . 14 or served upon the LESSEE may be given or served by mail d m 15 providing for return receipt addressed to the LESSEE at the 11816 address shown below LESSEE's execution hereof, deposited �0 17 in the United States mail; or it may be served personally 18 upon any person hereafter authorized by'LESSEE in writing 19 to receive such notice; and that any notice or notices pro - 20 vided by this Lease or by law to be served upon the LESSOR 21 may be given or served by mail providing for return receipt 22 addressed to the LESSOR as follows: 23 Board of Supervisors of the County of Orange 24 Court House Santa Ana, California 25 26 deposited in the United States mail, or may be served person - 27 ally upon the Chairman of the Orange County Supervisors; and that 28 29 L 28 30 I any notice or notices given or served as provided herein 2 shall be effectual and binding for all purposes. 3 13. Easements Trusts and Warranties. 4 (a) Lease subject to easements and trusts, It g is expressly understood and agreed that this Lease and all g rights and privileges hereunder granted are subject to all 7 easements and rights of way now existing or heretofore 8 granted by the LESSOR and,the City of Newport Beach, in, to, 9 under or over the leased premises for arty purpose whatso- 10 ever. It is further understood and agreed that this Lease 11 and any of the rights and privileges herein granted shall 12 be subject to any trusts upon which said lands are held by 13 the LESSOR and the City, and LESSEE covenants and agrees, 14 any provision in this Lease to the contrary notwithstanding, a 15 that it will not use or permit said premises to be used for 18 any purpose or purposes inconsistent with any of the trusts 17 upon which said lands are held, 18 (b) LESSOR makes no warranties. In the event 19 that this Lease or any provision thereof shall be declared 20 null and void by a court of competent jurisdiction, neither 21 the LESSOR nor any member of the Board of Supervisors or any 22 officer, agent or employee of the LESSOR or of the City of 23 Newport Beach shall be liable to LESSEE or to any person 24 holding under or through it for any loss or damage of any 25 nature whatsoever suffered or claimed to be suffered by 26 LESSEE or such person by reason of such determination. 27 LESSEE accepts the premises in its present condition and 28 29 L 29 30 I assumes all risks incident to the use or occupation thereof. 2 14. Miscellaneous. 3 (a) No partnership or ioint venture. It is 4 expressly understood and agreed that LESSOR does not in any e way nor for any purpose become a partner of LESSEE, nor a 8 joint venturer with LESSEE. 7 (b) Inurement. Each and all of the covenants,. 8 conditions and agreements herein contained shall, in 9 accordance with the context, inure to the benefit of LESSOR 10 and apply to and bind LESSEE, its respective heirs, legatees, 11 devisees, executors, administrators, successors, assigns, 12 sublessees, concessionaires, licensees, or any person who 13 may come into possession or occupancy of said premises or any 14 part thereof in any manner whatsoever. Nothing in this para- �, 18 graph shall in any way alter the provisions herein contained 18 against assignment or subletting or the granting of licenses 17 or concessions. 18 (c) Captions. The captions of paragraphs and 19 subparagraphs of this Lease are for convenience only and 20 21 22 23 24 26 28 28 30 1{ L 30 do not in any way limit or amplify the terms and provisions hereof. IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written. COUNTY OF ORANGE, a political subdivision of the State of California ATTEST: W. E. ST JOHN County Clerk and ex- officio Clerk of said.Board of Supervisors By puny By Chairman —of—Its oar of Supervisors LESSOR By LESSEE Address L 31 1 RESOLUTION OF THE BOARD OF SUPERVISORS 2 OF ORANGE COUNTY, CALIFORNIA 3 January 21, 1964 4 On motion of Supervisor Allen , duly seconded 3 and carried, the following Resolution was adopted: 8 WHEREAS, the County of Orange and the City of Newport 7 Beach are the owners of a tract of real property known as. 8 the "City- County Dock Property ", located at the intersection 9 of Pacific Coast Highway (U.S. 101, Alternate) and Newport 10 Boulevard in the City of Newport Beach, California, and between 11 said intersection and the waters of Newport Bay, consisting of, 12 2.43 acres, more or less, which is more particularly described 13 in the lease form attached hereto and made a part hereof; and 14 WHEREAS, the County of Orange and the City of Newport 18 Beach, by Lease Agreement dated March 5, 1958, have agreed 16 that said tract should be leased as a single unit; and 5 17 WHEREAS, by the terms of said Lease Agreement the County 18 of Orange has been designated and authorized to lease said 19 tract; and 20 WHEREAS, it is in the ,judgment and determination of this 21 Board that it is for the best interest of the County of Orange 22 to lease said tract, 23 NOW, THEREFORE, BE IT RESOLVED AND ORDERED as follows: 24 1. That it is the intention of this Board to lease the 28 above described property. 26 2. That the terms under which it shall be leased are 27 those set forth in said lease form attached hereto, which is 28 29 R. 1 30 I Resolution No. 64 -83 i hereby approved, and which shall remain on file in the 2 office of the County Clerk of the County of Orange. 3 3. That the highest bid within the meaning of Section 4 25530 of the Government Code of the State of California a shall be the proposal which offers the highest annual minimum 8 rental for said tract, to be set forth in paragraph 4 (b) of 7 said lease form; and the lowest acceptable offer therefor 8 shall be the sum of Twenty -five Thousand Dollars 9 ($25,000.00). 10 4. That on the 25th day of March , 1964, at 11 11:00 o'clock A . M., a public meeting of this Board will 12 be held in its Chambers in the County Court House in Santa 13 Ana, California, at which time and place sealed proposals to 14 lease said property.which have been received will be publicly is opened, examined and declared by this Board. At said time and 18 place this Board will, before accepting any written proposal, 17 call for oral bids pursuant to Government Code Section 25531; 18 and if any responsible person offers to lease the property 19 upon the terms and conditions specified in said lease form for 20 a minimum rental exceeding by at least five per cent (5 %) that 21 of the highest written proposal, then such oral bid will be 221 considered. 23 5. That each bidder must agree in his proposal that it 24 may be accepted by this Board at any time within thirty (30) 28 days after the said opening of bids. Each bidder shall submit 28 with his proposal a cashier's or certified check, or bidder's bond, in the sum of $25,000.00 to guarantee that he will deposit 28 2911 R 2 30 1 the hereinafter mentioned bond and enter into the lease, 2 in the event it is awarded to him, within fourteen (14) 3 days after such award., 4 6. That before the execution of said lease by the 8 County, the lessee shall deposit with the County Clerk a 8 certificate of insurance as to the indemnity coverage re- 7 quired by paragraph 8 (b) of the Lease and a good and 8 sufficient corporate surety bond in favor of the County of 9 Orange in the sum of two hundred twenty two thousand dollars 10 ($222,000.00) conditioned that the lessee will, within one 11 year after execution of the lease, construct the building 12 and improvements required by the terms of said lease form 13 to be constructed by the lessee, all in strict accordance 14 with the plans and specifications therefor, attached to said 16 lease form and hereby approved by the County, and with the S 18 detailed plans and specifications to be approved, and to pay 17 all costs of labor and materials therefor. The bond shall 18 expressly remain in full force and effect until final com- 19 pletion of all of the buildings and improvements which the 20 lessee has covenanted to construct, and until all costs there - 21 for have been fully paid. The form of the bond and the surety 22 shall be subject to the.approval of the County. 23 7. That this Board hereby reserves the right, should it 24 deem such action to be for the best public interests, to reject 28 any and all bids, either oral or written, and to waive any in- 26 formality in any bid received, and to withdraw said property 27 from lease. The County of Orange shall submit to the City of 28 29 R 3 30 A Newport Beach for review and recommendations all bids received for.the lease of the property, together with a statement in writing as to the bid which it proposes to accept. 8. That notice of the adoption of this Resolution and of the time and place for the holding of said meeting of this Board shall be given: (a) By posting copies of this Resolution signed by the Chairman of this Board, with the attached lease form, in three (3) public places in the County of Orange, not leas than fifteen (15) days before the date of the meeting; and (b) by publishing the notice approved by this Board concurrently herewith once a week for three (3) successive weeks before said meeting, the first publication to be more than twenty -one (21) days prior to the date herein fixed for said meeting, in the Orange Coast Daily Pilot , a newspaper of general circulation printed and published in.the County of Orange. AYES: SUPERVISORS ALTON E. ALLEN, C.M. FEATHERLY, DAVID L. BAKER, WM. HIRSTEIN AND WILLIAM J. PHILLIPS NOES: SUPERVISORS NONE ABSENT: SUPERVISORS NONE R 4 STATE OF CALIFORNIA ss. COUNTY OF ORANGE ) I, W. E., ST JOHN, County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California, hereby certify that the above and foregoing Resolution was duly and regularly adopted by the said Board at a regular meeting thereof held on the 21st day of January 1964, and passed by a unanimous vote of said Board.. IN WITNESS WHEREOF, I have'hereunto set my hand and seal this 21st day of January 1964. W. E. ST JOHN County Clerk and ex- ,,of ficio Clerk of the Board of Supet,vi4brs of Orange Cqx ri y, Cali for 4i-a, . R 5 75 LEASE DOGUM, ENTS GAITY�GPOUNTY DOCK PROPERTY av-) NiEWPORT SEACMD GALIFORNIA -f 14'r I 0,11 CITY-COUNTY DOCK COMMITTEE ORANGE COUNTY SUPERVISOR, ALTON E. ALLEN CHAIRMAN ORANGE COUNTY SUPERVISOR, WILLIAM J. PHILLIPS ORANGE COUNTY HARBOR COMMISSIONER, RICHARD C. ;MOWER NEWPORT BEACH CITY COUNCILWOMAN, aOREJEN MARSHALL NEWPORT BEACH CITY COUNCILMAN, JAMES B. STODOARD NEWPORT BEACH CITY COUNCILMAN, DEE COOK JANUARY 1964 m for s LEASE IMPROVEMENTS (Other than buildings) -' z ( CITY- COUNTY -DOCK PROPERTY Newport Beach, California Section Special Provieinns' S 1. Section 9 Excavation and Grading S 4 Section 11 Timber Piles S 7 Section 14 Prestressed Concrete Piles S 9 Section 15 ' Handling and Driving .Timber Piling;. S 12 Section 19 Steel Pipe Piles S 17 Section 20 Aggregate Base S20 „.Section 21 -'Asphalt Paving S 21 Section .22 Concrete Masonry S 23 Section 23 ,Portland Cement Concrete Section 24 Forms. for Portland Cement Concrete S28 Section 25 Portland Cement Concrete Construction S 33 Section 26 Concrete Curbsj'Gutters, Sidewalks y S la driveways and Cross Gutters Section 27 Reinforcing Steel S44 'Section 28 Lumber for Structures S47 • Section 29 Preservative Treatment of Timber and.Piling. S48 ' Section 30, Rough Carpentry S491 Section 31 Rough Hardware S52 Section 32 Zinc (Hot Galvanized) Castings S 53'. Section 33 Pipe Hand rail S 54 Section 34 Structural. Steel .and Miscellaneous Iron S55 Section 3$ Precast Concrete Manholes S56 'Section 36 Clay Pipe Sanitary Sewers S57 Section 37 Cast Iron Sewers and Force Mains S 60 Section .39 Corrugated Metal Pipe � ` S 61 Section 40 Electrical Systems ' : S62 Section kl. Water Systems 564 Section 43:' Painting ... S66 Section 44 Landscaping S67 Plana tl ^Lease Improvements,City- County Dock Property" 112.5-A 12 sheets ! r , Prepared byi ".i', ORANGE COUNTY HARBOR DISTRICT 1901 Bsyside Drive Newport. Beach, California `• ' ti May, 1963 -S_ SPECIAL PROVISIONS 1. SPECIFICATIONS: THE WORK INCLUDED HEREIN SMALL BE DONE IN ACCORDANCE -: WI TN THE DETAIL SPI CIf ICAT I DNS OF THE' CI TY OF NEWPORT BEACH; THE ORANGE _ COUNTY HARBOR DISTRICT] THE UNIFORM BUI LDiNG. C00 E; AND THE STATE STANDARD -,; SPECIFICATIONS; INSOFAR AS THE SAME MAY .APPLY.AND.401 ACCORDANCE*WITH THE FOLLOWING SPECIAL PROVISION.. IN CASE OF CONFLICT-BETWEEN THE SPECIAL PROVI , SIGNS AND THE DETAIL SPECIFICATIONS# THE SPECIAL PROVISIONS SHALL TAKE -,PRE - ''CEDENCE OVER AND' BE USED IN LtEU.OF SUCH CONFL ICTI NG PORTIONS* - 2. PRETENSIONED CONCRETE PILES: THE GENERAL DESIGN OF THESE PILES ARE SPECIFIED IN SECTION 14 OF THE DETAIL SPECIFICATIONS, -AND ON SHEET ND. 11 OF - .f.THE ,DRAWINGS. --THE CROSS SECTION OF THE�PILE.$HALL BE SQUARE AND SMALL HAVE :A, MINIMUM AREA or 144 SQUARE INCHES. THE MINIMUM OFFINAL*PRESTRESS SHALL BE 800 P.S.I. AND INITIAL PRESTRESS SHALL NOT EXCEED'70% OF MINIMUM ULTIMATE _ ' •STRENGTH - FORSTRESS- RELIEVED STRAND.-THE MINIMUM CONCRETE COVER SHALL BE THREE (3) INCHES. THE DEPTH OF SURFACE VOIDS SHALL NOT EXCEED ONE -HALF (Z) .INCH. V010 DEPTH IN EXCESS OF THIS WILL FURNISH REASON FOR PILE REJECTION 3. JETTING OF'PILES: JETTING WILL BE PERMITTED DOWN TO THE LAST FIVE (5) #FEET OF PENETRATION, IF DRIVING OF THE ;LAST FIVE (5) FEET PROVES EXCEPTION- ALL 111 IS DANGER'TO THE PILE IN FURTHER.. DRIVING #.TN EH JETTING - ;{ WILL BE PERMITTED UPON APPROVAL OF THE INSPECTING*AGENCY. 4. :.SECURING PILE CAP TO PILES: THE ONE -AND ONE -HALF (I ) INCH BAR SHOWN `'. AT THE TOP Of THE PILES SHALL BE CENTERED AS'NEAR AS POS S ;BLE TO THE CONCRETE - CAP AND FULLY GROUTED FOR THE SPECIFIED. LENGTH IN'EACH PILE. IF THE CONCRETE ..CAPSARE "PRESENT# AMPLE TIME AFTER GROUTING SHALL BE ALLOWED BEFORE PLACING THE, PILE CAP TO ALLOW THE GROUT TO DEVELOP. SUFFICIENT. STRENGTH TO KEEP THE -:`ROD FROM MOVING. THE VOIDLIN THE PILE CAP $HALL BE FULLY GROUTED BEFORE THE _ .. PIER DECK IS PLACED AND THE GROUT SHALL -BE GIVEN TIME TO HARDEN SUFFICIENTLY TO HOLD THE CAP IN ITS PROPER PLACE: IF THE CAPS ARE TO BE POURED IN PLACE THE BARS SMALL BE THOROUGHLY GROUTED PRIOR TO POURING THE 'CAPS. 5. NOTIFICATION OF PILE MANUFACTURER: AT THE EARLIEST POSSIBLE TIME AFTER SIGNING THE CONTRACT AND BEFORE COMMENCING ANY WORKS THE .CONTRACTOR SHALL 'NOTIFY- THE-INSPECTING AGENCY IN WRITING OF THE NAME'AND.ADDRESS OF THE FIRM THAT WILL MANUFACTURE AND SUPPLY THE PRETENS "IONED, CONCRETE PILES- FOR THIS WORK. - 6., SEWAGE LIFT STATION AND APPURTENANCES: THE WORK COVERED BY THIS SEC- TION INCLUDES ALL PLANTS LABORS MATERIALS# EQUIPMENTS EXCAVATIONS BACKFILL - AND ALL INCIDENTAL WORK AND SERVICES REQUIRED- -IN CONNECTION WITH THE CON- -. STRUCTION OF THE SEWAGE LIFT STATION HEREIN SPECIFIED AND SHOWN IN THE DRAW 1 HGS. - (A). VAULT AND WETWELL - THE CONCRETE PUMP VAULT AND'WETWELL SHALL BE CONSTRUCTED ACCORDING TO .ECTION 35, "PRECAST CONCRETE MANHOLES", AND SEC- T16N 23# "PORTLAND CEMENT CONCRETE ". CONCRETE FOR S B y A AS PREVIOUSLY DEFINED. MANHOLE COVER SHALL SE .MODEL A-1264 AND SAFETY STEPS SMALL BE A -3330 AS MANUFACTURED" BY ALHAMBRA FOUND -RV.OR APPROVED EQUAL•' (B} SEWAGE EJECTOR - FURNISH. AND, INSTALL ONE "PACKEX" SEWAGE EJECTOR AS MANUFACTURED BY YEOMANS, MELROSE PARKS ILLINOIS, OR APPROVED EQUAL, EJECTOR SHALL HAVE CONTINUOUS CAPACITY NOT TO- EXCEED' -2O, G�P.M. AGAINST A ". `TOTAL DISCHARGE HEAD NOT`TO:EXCEED 20,FEET ":INCLUD'ING PIPE FR,ICT_ION WHEN i MEASURED FROM BOTTOM OF EJECTOR PIT ;TO MtGN,POINT "JN DISCHARGE ,LINE. THE .UNIT.$HALL BE COMPLETE WITH: - 8 -63 S (B) STRUCTURAL STEEL — IN ADDITION TO SHOP COAT TO RECEIVE TWO COATS OF PURE PREPARED PAINT, (C) BOAT SLIPS AND RAMPS - ONE COAT OF PURE PREPARED PRIMER AND TWO FINISHED COATS OF PURE PREPARED PAINT. ALL DECK SURFACES SMALL HAVE AN APPROVED NON -SLIP ADDITIVE APPLIED WITH THE ,FINAL COAT OF PAINT. (0) EXTERIOR NATURAL WOODWORK - ALL NATURAL WOODWORK SMALL BE COVERED WI TM SHELLAC SEAL COAT AND TWO COATS OF EXTERIOR SPAR VARNISH. 9. FLAGPOLE AND RAILING: THE CONTRACTOR SMALL FURNISH AND CONSTRUCT TWO . (2) GALVANIZED PIPE FLAGPOLES AS HEREIN SPECIFIED AND SHOWN ON THE PLANS* TYPE I POLE SHALL BE CONSTRUCTED WITH TOPMAST. YARDARM, AND GAFFS AND SMALL BE LOCATED DIRECTLY BAYWARD OF THE ENTRANCE DRIVEWAY. TYPE II POLE SHALL BE CONSTRUCTED WITH WARNING LIGHTS AND TOPMAST ONLY AND SHALL BE LOCATED AT THE '? SOUTH END OF THE PARKING LOT. POLE BASE SMALL BE CONSTRUCTED OF CLASS "All ' CONCRETE AS DESCRIBED IN SECTION 23 OF THE DETAIL SPECIFICATIONS. ALL PIPE SHALL BE OF THE STANDARD GALVANIZED TYPE. ALL FITTINGS AND APPURTENANCES NECESSARY FOR PROPER OPERATION OF THE FLAGPOLES SHALL BE STANDARD GALVANIZED :'.MARINE HARDWARE AS APPROVED BY THE INSPECTING AGENCY. ` THE CONTRACTOR SMALLIFURNISH AND INSTALL AS SHOWN ON THE PLANS FOR TYPE' II POLES ALL ELECTRICAL SWITCH BOXESS WIRING AND NAUTICAL WARNING .CONDUITi LIGHTS IN ACCORDANCE WIT" SECTION 40 OF TME-DETAIL SPECIFICATIONS, THE CONTRACTOR SHALL ALSO FURNISH AND INSTALL THE HARDWOOD NAUTICAL "RAILING AROUND EACH FLAGPOLE. SHOP DRAWINGS OF THE RAILING .SHALL BE SUB- MITTED TO THE HARBOR MANAGER FOR APPROVAL PRIOR TO. CON ST RUCTI ON. ALL PAIN7- + ING•AND FINISHING SHALL BE IN ACCORDANCE WITH THE PAINTING SCHEDULE HEREIN ., 'AND WITH SECTION 43 OF THE DETAIL SPECIFICATIONS, 10. CONCRETE WHEEL GUARDS: CONTRACTOR $HALL FURNISH AND INSTALL SIX (6) FOOT PARKING BUMPERS AT LOCATIONS SHOWN'ON SHEET42:OF THE DRAWINGS. THE BUMPERS. SHALL BE AS MANUFACTURED BY CONCRETE FLOATS CORP.y TORRANCE. CALI- FO.RNIAs OR APPROVED EQUAL. EACH BUMPER SHALL SECURED BY�TWO 3/4 "x21 -611 ••`.STEEL RODS DRIVEN INTO THE EARTH AND FLUSH WITH THE TOP SURFACE OF THE i.'. BUMPER. II. SPECIAL MARINE HARDWARE: ALL ITEMS OF MARINE. HARDWARE SHALL BE OBTAIN- ..: ED, FROM REPOT ABLE DI OOUCTS. STRIBUTOR OF NAUTICAL PR TYPE AND MODEL OF SPEC- ' -.IAL ITEMS SHALL BE SUBMITTED.TO THE HARBOR MANAGER FOR APPROVAL PRIOR TO PUR-• - CHASE. 12.. BOAT SLIPS: BOAT SLIP CONSTRUCTION SHOWN ON SHEETS OF THE i- ''DRAWINGS ARE'OF_ TIMBER DESIGN. THE HARBOR MANAGER; MOWEVERs REALIZES THE '.'EXISTENCE OF MANY.VARIOUS TYPES OF FLOAT CONSTRUCTION AND WILL EXAMINE ANY REASONABLE ALTERNATE CONSTRUCTI ON' SUBMITTED BY THE .. CONTRACTOR. .ALTERNATE DE, , '. SIGNS WILL BE BASED ON GEOMETRIC 'EQUIVALENC Em, ':DEAD LOAD FREEBOARD OF L8 INCHES -.'. AND.;LIVE LOAD CAPACITY OF 20 P.S.Fe S 8 -63 i S3 SECTION 9 EARTHWORK AND GRADING: ` I. SCOFEi THE WORK COVERED BY THIS SECTION SHALL CONSIST OF PERFORMING ALL OPERATIONS NECESSARY TO EXCAVATE ROADWAYS, PARKWAYS, SLOPES, BENCHES, DITCHES, CHANNELS OR OTHER, ITEMS SHOWN ON THE PLANS, AND TO CONSTRUCT EMw BANKMENTS AT THE LOCATIONS AND TO THE ELEVATIONS AND FORM SHOWN ON THE PLANS . AND TO SHAPE AND. COMPACT ALL SUBGRADE. UNLESS OTHERWISE PROVIDED IN THE PROPOSAL AS SEPARATE PAY ITEMS, GENERAL SITE PREPARATION, CLEARING AND GRUB- '. DING, REMOVAL OF EXCESS GRASS AND WEEDS SHALL BE INCLUDED IN THIS ITEM. THE CONTRACTOR SHALL :FURNISH ALL LABOR] MATERIALS, TOOLS, EQUIPMENT, TRANSPORTATION, WATERING, COMPACTING'AND ALL INCIDENTAL WORK AND SERVICES RE- QUIRED FOR THE SATISFACTORY COMPLETION OF THE.ABOVE MENTIONED ITEMS IN ACCORD- . ANCE WITH THE PLANS, THESE SPECIFICATIONS AND SPECIAL PROVISIONS. THE APPLICABLE PROVISIONS OF THE STATE STANDARD SPECIFICATIONS FOR GRAD - ` ..ING AND EARTHWORK SHALL PREVAIL ON ANY ITEMS NOT SPECIFICALLY COVERED IK TMIS .SECTION. _ .. TRENCH AND STRUCTURE EXCAVATION AND BACKFILL ARE DESCRIBED IN SECTION 36 OF THESE SPECIFICATIONS. 2. CLEARING AND GRUBBING: EXCEPT AS OTHERWISE SPECIFIED, ALL TREES, STUMPS, LARGE ROOTSy BURIED LOGS, DECAYED VEGETABLE MATTER, BURIED JUNK PILES, HEAVY GROWTH OF GRASS AND WEEDS AND ALL OTHER OBJECTIONABLE MATERIAL SHALL BE RE- 'MOVED FROM THE SITE OF THE WORK OR RIGHT -OF -WAY. NONE OF THE ABOVE MATERIALS SHALL BE PERMITTED TO REMAIN IN OR UNDER EMBANKMENT AND FILL AREAS. UNLESS OTHERWISE SPECIFIED, ALL SHADE TREES AND SHRUBBERY SMALL BE 'PRESERVED, AND SUCH TREES AND SHRUBBERY SHALL BE FULLY PROTECTED BY THE CONTRACTOR AT HIS - OWN EXPENSE. 36 REMOVAL AND DISPOSAL OF MATERIAL: EXCEPT AS OTHERWISE SPECIFIED, ALL OF THE ABOVE MATERIALS ALSO ANY EXCESS EXCAVATION, SHALL BE REMOVED FROM.THE SITE OF THE WORK. NO BURNING OF ANY MATERIAL WILL BE PERMITTED ON THE SITE, .'WHICH VIOLATES ANY CITY FIRE, OR COUNTY AIR.POLLUTION ORDINANCE. 4• EXCAVATION: EXCAVATIONS SMALL CONFORM TO THE LINES, GRADES AND CROSS- .SECTIONS SHOWN, ON THE PLANS. WHEN SOLID ROCK, SHALEy.HARDPAN OR LIKE MATER -; IALS ARE ENCOUNTERED, IN EXCAVATIONS 17 SHALL BE EXCAVATED NOT LESS THAN 6 INCHES BELOW SUBGRADE AND REPLACED WITH SELECT MATERIAL, APPROVED BY THE ;.INSPECTING AGENCY. SAID SELECT MATERIAL SMALL BE COMPACTED TO NOT LESS THAN 90 PERCENT STANDARD DENSITY. (WHENEVER IN THESE SPEC F ICAT I DNS REFERENCE IS MADE TO THE PERCENTAGE OF COMPACTION, IT REFERS TO THE COMPACTION AS OETERMIH ED BY THE CALIFORNIA IMPACT TEST, 5 LAYER METHOD). ALL SOFT OR UNSUITABLE MATERIAL THAT WILL NOT READILY COMPACT TO 90 PERCENT SMALL BE REMOVED TO THE ,DEPTHS SHOWN ON THE PLANS OR ORDERED BY -THE INSPECTING AGENCY AND DISPOSED OF AS DIRECTED. EXCAVATION IN AREAS NOT SHOWN ON THE PLANS OR AUTHORIZED SMALL NOT BE PAID FOR, AND THE CONTRACTOR SHALL�'AT HIS OWN EXPENSE, BACKFI LL AND COMPACT UNAUTHORIZED EXCAVATED AREAS TO THE ORIGINAL GROUND ELEVATION, r AND-NO COMPENSATION WILL BE ALLOWED FOR SUCH WORK. ALL ROCKS OR LUMPS OVER 21 INCHES IN SIZE, WHICH WILL NOT BREAK UP UNDER THE OPERATION OF GRADING EQUIPMENT, SHALL BE REMOVED FROM THE UPPER 3 INCHES OF THE SUBGRADE AND THE'RESULTING SPACE REFILLED AND COMPACTED WIT" SELECTED .`MATERIAL.. 5. EMBANKMENT: THE WORK CONSISTS OF`PLACINGS WETTING OR DRYING AND COM- `PACTING IN EMBANKMENT AND IN FILL AREAS# THE SUITABLE MATERIAL FROM THE Ek. 8-63' $ 4 I CAVATION OR IMPORTED BORROW AS SPECIFIED OR APPROVED BY THE INSPECTING AGENCY, ALL WORK SHALL CONFORM TO THE LINES GRADES. AND CROSS- SECTIONS SHOWN ON TME - PLANS.. PRIOR TO PLACING EMBANKMENT OR -FILL, THE AREA SMALL BE CLEARED OF ALL TREES STUMPS# LOOSS DECAYED VEGETABLE MATTER,' HEAVY GROWTH OF GRASS AND - - WEEDS OR OTHER OBJECTIONABLE MATERIAL AND SHALL BE DISKEOt PLOWEDo BENCHED ' ANO/OR COMPACTED AS DIRECTED, TO INSURE PROPER BONDING AND COMPACTION. NO .. VEGETABLE MATTER OR PERISHABLE MATERIAL SMALL BE PLACED IN OR UNDER FILLS OR "- EMBANKMENTS. 6. PLACING EMBANKMENT? EMBANKMENT SHALL BE PLACED IN SUCCESSIVE HORIZON- . TAL LAYERS OF NOT MORE THAN 8 INCHES IN DEPTHS LOOSE* EACH LAYER SMALL BE - - SPREAD UNIFORMLYO WETTED OR DRIED AS REQUIRED AND ROLLED .WITH .AM APPROVED TAMPING OR APPROVED POWER. ROLLER UNT IL -THOROUGHLY COMPACTED TO 90 PERCENT STANDARD DENSITY• WHERE SEWER OR DRAINAGE PIPES ARE.TO BE INSTALLED IN NEW EMBANKMEKTp - THE EMBANKMENT SHALL FIRST BE CONSTRUCTED TO MINIMUM ONE FOOT ABOVE THE PRO- POSED TOP OF PIPEp AFTER WHICH THE TRENCH SHALL BE EXCAVATED AND THE PIPE INSTALLED BEFORE THE REMAINDER OF THE EMBANKMENT IS CONSTRUCTED._ THE MAXI -- MUM HEIGHT-TO WHICH EMBANKMENT MAY SE'PLACED PRIOR TO INSTALLING THE PIPE* - - -- MAY BE VARIED DUE TO THE LOCATION AND TYPE OF PIPE AND AS DIRECTED BY THE INSPECTING AGENCY• 7. SUBGRAOE PREPARATION.i THE SUBGRADE PREPARATION SHALL CONSIST OF CON- . STRUCTING A CLASS A SUBGRADE IN ACCORDANCE WITH SECTION 21 OF THE STATE STANDARD SPECIFICATIONS. SUBGRADE -IS THAT PORTION OF THE ROADBED ON WHICH - .CLASS -2 AGGREGATE BASE WILL BE PLACED• ` THE FINISHED SUBGRADE IMMEDIATELY- PRIOR TO PLACING CLASS 2 AGGREGATE , BASE THEREON SHALL HAVE A RELATIVE COMPACTION OF NOT LESS THAN 95 PERCENT FOR A DEPTH OF 0.5 FEET. THE FINISHED SUBGRADE SHALL NOT VARY MORE THAN 0.05 FEET ABOVE OR 0.10 FEET BELOW THE PLANNED GRADE. THE SUBGRADE SHALL BE FREE OF SEGREGATED MATERIALS AND SHALL BE SMOOTH AND TRUE TO THE RE- , - QUIRED GRADE AND - CROSS— SECTION. - 8. COMPACTION EQUIPMENT AND REQUIREMENTS:, EQUIPMENT To Bf USED.FOR CoM- PACTING EMBANKMENT AND SUBGRADE SHALL CONSIST OF POWER ROLLERS TAMPING ROLLERS OR PNEUMATIC ROLLERS OR 'A COMBINATION OF SAME. - - AT LOCATIONS WHERE IT WOULD BE IMPRACTICAL TO USE POWER EQUIPMENTS THE EMBANKMENT AND SUBGRADE SHALL BE COMPACTED' TO'THE SPEC.IFIED- REQUIREMENTS -BY ANY METHOD THAT WILL OBTAIN THE SPECIFIED COMPACTION• - - 9. FINISHING SLOPES AND SURFACES: THE SURFACES OF ALL AREAS OR EARTH AND . OTHER MATERIALS SMALL BE FINISHED TO A REASONABLY SMOOTH AND COMPACT SURFACE ��,SUBSTANTIALLY -IN ACCORDANCE.WITH THE SURFACE LINES AND CROSS— SECTIONS SHOWN*.. :. -ORL THE ELEVATIONS INDICATED ON THE PLANS$ OR AS DIRECTED. THE DEGREE OF - -_ FINISH FOR GRADING SLOPES SHALL BE THAT ORDINARILY OBTAINABLE FROM EITHER .- BLADEGRADER OR SCRAPER OPERATIONS OR BY. �HANOSHOVEL OPERATIONSi AS THE CON - TRACTOR MAY ELECT, 10. SUBGRADE ANO EMBANKMENT PROTECTION:. DURING THE CONSTRUCTION AND UNTIL FINAL ACCEPTANCE OF THE WORKS EXCAVATIONSs EMBANKMENTS AND SUBGRADES SMALL' -- BE KEPT SHAPED AND EFFECTIVELY DRAINED AT ALL TIMES.- STORAGE OR STOCK PIL- - A NG OF MATERIALS ON THE SUBGRADE WILL NOT BE PERMITTED. NO BASE COURSE OR ASPHALT PAVING SMALL DE PLACED UNTIL THE .SUBGRADE HAS BEEN CHECKED AND APPROVED BY THE INSPECTING AGENCYj s.6s p' S 5' - - --I WATERING: UNLESS OTHERWISE SPECIFIED ALL MATER USED FOR COMPACTING SECTION 11 TIMBER PILES: . I. GENERAL: UNLESS OTHERWISE SPECIFIED IN THE SPECIAL "PROVISIONS, ALL TIMBER PILES SHALL 8E EITHER DOUGLAS FIR PILES OR SOUTHERN YELLOW PINE .. PILES MEETING ONE OR THE OTHER OP THE FOLLOWING SPECIFICATIONS. 2. DOUGLAS FIR PILES: A QUALITY: ALL PILING UNDER THIS ARTICLE SHALL BE DOUGLAS FIR, CUT ABOVE THE GROUND SWELL FROM SOUND, LIVE, OLD 'GROWTH TREES, CLOSE GRAIN- - ED, AND SMALL BE FREE FROM ROT, BARKS LOOSE OR UNSOUND KNOTSp KINKS, - TWISTS, FELLING OR WIND SHAKES, DECAY AND ALL OTHER DEFECTS WHICH, IN THE OPINION OF THE INSPECTING AGENCY, MAY IMPAIR IT.S STRENGTH OR DURA- BILITY, OR, INTERFERE WITH PROPER.DRIVING. THE BARK AND INNER SKIN SHALL - - - - BE REMOVEDj AND ALL KNOTS SHALL BE SMOOTHLY DRESSED CLOSE TO THE BODY OF THE PILE, AND BUTTS AND TOPS SHALL BE CUT .SQUARELY ACROSS. WHERE TREAT- . - MENT IS SPECIFIED, ALL PILES SHALL BE PREPARED IN COMPLIANCE WITH THE " STANDARD REQUIREMENTS OF THE AMERICAN WOOD PRESERVERS ASSOCIATION MAN - UAL OF RECOMMENDED PRACTICES AS SUPPLEMENTED OR REVISED- AT THE DATE OF - RECEIVING BIDS. ALL PILES SHALL HAVE AT LEAST. THREE- QUARTERS (3/4) - INCH OF SAPWOOD. PILES .SHALL BE FREE FROM DAMAGE BY INSECTS AND SEA - BORERS, ANO.SHALL BE FREE FROM BARNACLES OR OTHER RELATED MARINE LIFE. -- _ .. - (8) STRAIGHTNESS AND SIZE OF TIMBER P.ILES: ALL TIMBER PILES TO BE _ ACCEPTABLE TO THE INSPECTING AGENCY SHALL NOT'SHOW IN ANY TEN (10) - -FEET LENGTH, TAKEN AT RANDOM AND AT ANY LOCATION ON THE PILE, A DEVIA- TION FROM A STRAIGHT LINE OF MORE THAN ONE (1) INCH, NOR SMALL ANY PILE SHOW, FROM A STRAIGHT LINE MEASURED BETWEEN EXTREMITIES Of THE PILE, A TOTAL DEVIATION OF MORE THAN ONE -(I) INCH FOR EACH TEN (IO) FEET OF LENGTH OF PILE. - - - (C) DIMENSIONS: ROUND PILES SHALL HAVE A MINIMUM DIAMETER AT THE TIP, MEASURED UNDER THE BARK, AS FOLLOWS: LENGTH OF PILE - TIP DIAMETER LESS THAN 40 FEET .................. :. F INCHES - :.. 40 FEET TO 60 FEET ................. 701 1 ... OVER 60 FEET ....................... 611 11 - . THE MINIMUM DIAMETER OF PILES AT ,A - SECTION 3 FEET FROM THE BUTT, MEASUR4 '. ED UNDER THE. BARK,.SHALL BE AS FOLLOWS: - - - - LENGTH OF PILE. DIAMETER IN INC "ES 'DOUGLAS FIR AND ALL OTHER SOUTHERN PINE - - SPECIES- .. 20 FEET AND UNDER ..... II" INCHES III INCHES . -21 FEET TO 30 FEET..... 121. "If 121 It 31 FEET To 40 FEET..... 12'l ° - 1311 OVER 40 FEET........... 1311 n. 141 n THE DIAMETER OF THE PILE AT THE BUTT SHALL NOT EXCEED 2011 INCHES. THE DIAMETER OF, A PILE IN- CASES -WHERE THE TREE IS "NOT EXACTLY ROUND SMALL BE DETERMINED EITHER BY MEASURING THE CIRCUMFERENCE AND DIVIDING THE - - ... NUMBER OF INCHES BY 3.14 OR BY TAKING THE AVERAGE MAXIMUM AND MINIMUM - - DIAMETERS AT THE LOCATION SPECIFIED. SQUARE PILES SMALL HAVE THE - -" 8 -63 s7 .. DIMENSIONS SHOWN ON THE PLANS. NO PILE WITH A SPIRAL GRAIN WHICH MAKES ONE COMPLETE TURN IN LESS THAN FORTY (40) FEET.WILL BE ACCEPTED. - (D) ANNUAL RINGS$ PILES, WHICH SHOW LESS THAN SIX (6) ANNUAL RINGS PER INCH IN THE THIRDS FOURTH AND FIFTH INCHESs MEASURED ON A RADIUS FROM THE CENTER LINE OF PILESs WILL BE REJECTED. (E) TOLERANCES A TOLERANCE OF ONE (1) FOOT OVER OR UNDER THE LENGTHS OF;PILES AS SHOWN ON THE PLANS IS PERMISSABLE AND WILL BE ACCEPTED AS CONFORMING TO THESE SPECIFICATIONS• ' SECTION 14 PRESTRESSED CONCRETE PILES: 1. 'GENERAL: PRETENSIONED PILES TO BE USED SMALL COMPLY WITH THE FOLLOWING SPECIFICATIONS, BUT IN CASE OF DLSCREPARCI.ES WITH THE SPECIAL PROVISIONS A.ND- - DRAWINGS, THE LATTER TWO SMALL APPLY. THE CONTRACTOR SMALL SUBMIT SHOP - DRAW- INGS AND CALCULATIONS FOR APPROVAL BEFORE MANUFACTURING PILES. - 2. CONCRETE: THE PILES SHALL BE CAST AS MONOLITHIC UNITS OF HOMOGENEOUS CONCRETE WITH 'A MINIMUM 28 DAY STRENGTH OF 5,000- P.S.I. THE CONCRETE SHALL CONTAIN BETWEEN. SIX (6) AND EIGHT (8) SACKS PER CUBIC YARD OF TYPE 11 PORT- LAND CEMENT. CONCRETE SHALL CONTAIN NO CALCIUM CHLORIDE OR OTHER ACCELERA- TORS EXCEPT AIR ENTRAINING ADMIXTURES IF DESIRED BY THE CONTRACTOR. THE - LATTER ADMIXTURE SHALL BE SUBMITTED TO THE INSPECTING AGENCY FOR APPROVAL -- PRIOR TO USE. AGGREGATES SHALL WEIGH AT.LEAST 140 POUNDS PER CUBIC FOOT AND THE MAXIMUM SI2E SHALL BE 3/411. THE WATER CEMENT RATIO SHALL NOT EXCEED FIVE - (5) GALLONS OF WATER PER SACK OF CEMENT. THE RANGE OF SLUMP AS OBTAINED BY ASTM PROCEDURE SHALL BE BETWEEN ONE (I) AND THREE (3) INCHES. THE CONCRETE SHALL.BE VIBRATED INTERNALLY OR EXTERNALLY, OR BOTH, AS _ REQUIRED TO CONSOLIDATE THE CONCRETE. THE VIBRATING SHALL BE CONE WITH CARE AND IN SUCH A MANNER THAT DISPLACEMENT Or REINFORCEMENT, ENCLOSURES,. AND PRE- - - -- STRESSING STEEL WILL BE AVOIDED. - -_ AT LEAST THREE STANDARD TEST SPECIMENS-SHALL BE PREPARED AT THE TIME THE - - CONCRETE IS' DEPOSITED FOR EACH - PRODUCTI ON LINE TO DETERMINE THE CONCRETE STRENGTH OF THE CASTING AT DIFFERENT AGES* - - 3. DESIGN FACTORS: THE INITIAL PRESTRESS IN STRANDS SHALL NOT EXCEED _.SEVENTY 70 PERCENT OF THE ULTIMATE STRENGTH -Of THE STRANDS AND THE LOSS -- . OF PRESTRESS DUE TO CREEP OR SHRINKAGE SHALL BE ASSUMED TO BE TWENTY PERCENT- - -� (20 %). MINIMUM CONCRETE COVER SHALL BE THREE (3) INCHES WITH CLEAR SPACING BETWEEN WIRE STRANDS OF NOT LESS THAN ONE-AND ONE -HALF (I'f INCHES. i 4. PRETENSIONING STRAND: STRAND SHALL BE OF THE UNCOATED SEVEN (7) WIRE HIGH TENSILE STEEL COLO DRAWN TYPE, STRESS RELIEVED AFTER THE WIRES HAVE BEEN FORMED INTO A STRAND* STRAND SHALL HAVE AN ULTIMATE . STRENGTH OF NOT LESS THAN 250,000 P.S.I. AND AN ELONGATION AT RUPTURE Of NOT LESS THAN FOUR (4) PERCENT IN TEN (10) INCHES. THE STRAND SHALL CONFORM TO A.S.T.M., SPECIFICATIONS - - A416 -57T, UNCOATED SEVEN -WIRE STRESS RELIEVED WIRE FOR PRESTRESSED CONCRETE. ALL STRANDS SHALL BE FREE OF DIRT, RUST, OIL, GREASE OR OTHER. DELETERIOUS .` SUBSTANCES AND SHALL BE ACCURATELY POSITIONED AND HELD IN PLACE BEFORE CON- ' CRETE IS POUR -E0. ALL STRANDS SHALL BE STRESSED UNIFORMLY TO DESIGN LOAD BE- - - FORE CONCRETE IS. POUREDP BY MEANS OF A HYDRAULIC JACK EQUIPPED WITH AN ACCUR� - ATE PRESSURE GAUGE TO PERMIT THE STRESS TO BE COMPUTED AT ANY TIME. ELONGA- TION OF THE STRANDS SHALL BE MEASURED AT THE COMPLETION OF T E TENSIONING - - - - OPERATION AND SHALL CONFORM TO ELONGATION TABLES FURNISHED BY THE MANUFACTURER THE STRAND, TRANSFER OF PRESTRESS SHALL BE ACCOMPLISHED BY THE SIMULTAN- EOUS GRADUAL RELEASE OF ALL STRANDS.BY -THE - HYDRAULIC JACK. STRANDS SHALL NOT BE CUT AND ,PRESTRESS TRANSFERRED TO THE CONCRETE UNTIL THE LATTER HAS ATTAIN -.- - - ED A STRENGTH OF 3500 P.S.I. 5. SPIRAL REINFORCING AND DOWELS: THE CONTRACTOR SHALL FOLLOW THE DRAW - ING -FOR THE INSTALLATION OF SPIRAL REINFORCING AND DOWELS. - - i 6. CURING: PILES SHALL BE CURED EITHER BY WATER, AN APPROVED MEMBRANE PROCESS OR BT THE USE Of CONTROLLED STEAK..CHAMBERS....IF -WATER CURING IS USED, 8 -63 S9 s _. THE PILES SHALL BE COVERED WI.TH HEAVY BURLAP WHICH SHALL BE KEPT SATURATED WITH WATER DURING THE ENTIRE CURING PERIOD. IF STEAM CURING IS USED, SUFFIC- IENT RECORDING THERMOMETERS AND AUTOMATIC TEMPERATURE REGULATORS SHALL BE USED TO INSURE. EVEN TEMPERATURES THROUGH THE CURING OPERATION. CURING TEMP- ERATURES SMALL NOT EXCEED 1500 F. AND SMALL NOT B8 APPLIED UNTIL FOUR (4) HOURS AFTER THE INITIAL SET OF THE CONCRETE. 7. HANDLING.AND DRIVING: PILES MAY BE REMOVED FROM THE PRESTRESSING BED FOR STORAGE OR TRANSPORTATION AFTER CONCRETE HAS ATTAINED A'STRENGTM OF AT LEAST 40000 P.S.I. PILES SHALL BE LIFTED, HANDLED, DRIVEN AND SECURED IN SUCH A MANNER AS TO AVOID EXCESSIVE BENDING STRESSESP CRACKING, SPALLING OR OTHER INJURIOUS RESULTS. SPECIFICATIONS FOR DRIVING OF PILES.AS CONTAINED . IN THESE SPECIFICATIONS SHALL ALSO APPLY TO THE PRETENSIONED PILES. 8. DRIVING PILES: PILES SHALL BE DRIVEN WITH A SINGLE- ACTING OR DOUBLE- ACTING STEAM HAMMER. THE BEARING VALUE, P, WI LL BE DETERMINED BY THE FOLLOW- ING FORMULAS, EXCEPT THAT. WHERE PILES ARE TO BE SUBJECTED TO LOADING TESTS, THE FORMULA MAY BE MODIFIED AS NECESSARY TO CONFORM TO THE DATA OBTAINED BY' SUCH TESTS. P = 2 E FOR DOUBLE�ACT'ING. HAMMERS; OR P = 2WN'% FOR SINGLE- ACTING HAMMERS] . S 0.1 IN WHICH E EQUALS THE ENERGY IN FOOT- POUNDS PER BLOW, BASED ON AN ACCEPT- ABLE CERTI.FIED STATEMENT FROM: THE MANUFACTURER OF THE HAMMER, W EQUALS THE WEIGHT OF THE RAM IN POUNDS, H.EQUALS THE FALL OF THE RAM IN FEET, AND S . EQUALS THE AVERAGE PENETRATION PER BLOW FOR THE LAST THREE BLOWS IN INCHES. THE VALUE OF E SHALL BE NOT LESS THAN 8,700 OR MORE THAN 21,000 FOOT - POUNDS; EXCEPT THAT PRECAST. PILES WEIGHING LESS THAN 10,000 POUNDS AND FOR WHICH THE ,. SPECIFIED BEARING. VALUE IS .80,000 POUNDS OR MORE, THE MINIMUM E SHALL BE 13,000 FOOT- POUNDS AND EXCEPT THAT FOR PRECAST PILES WEIGHING MORE THAN, 10,000 POUNDS AND MINIMUM AND MAXIMUM E SHALL BE 19,000 AND 36,000 FOOT. .. - -- . POUNDS, AND THE TERM 0.1111 THE FOREGOING FORMULAS SMALL BE CHANGED TD 0.3. - . THE VALVE OF WH FOR SINGLE- ACTING HAMMERS.SHALL BE NOT LESS THAN THE WEIGHT OF THE PILE. THE CAPACITY OF ALL DRIVING EQUIPMENT SHALL BE SUCH THAT THE NUMBER OF HAMMER BLOWS PER MINUTE, DURING AND AT THE COMPLETION OF DRIVING -- , 'A PILE,,CAN BE MAINTAINED AT APPROXIMATELY THE NORMAL RATE GIVEN. BY THE MANY - FACTURER OF THE,MAMMER, AN ALLOWANCE SHALL BE MADE FOR REDUCED PENETRATION CAUSED BY SHOCK ABSORPTION OF DRIVING CAPS AND FROM MATERIAL PENETRATED WHICH .WILL BE REMOVED AFTER THE PILE IS DRIVEN. - SHOULD THE BEARING VALUE BE OB - - -- TAINED BY HAMMER DRIVING BEFORE SPECIFIED PENETRATION IS REACHED, A WATER JET SHALL BE USED AND AN ENDEAVOR 'SHALL BE MADE TO SECURE THE SPECIFIED PENE- TRATION. JETTING OF PILES WILL BE PERMITTED AS SPECIFIED IN THE SPECIAL PROVISIONS. THE PILE SHALL BE DRIVEN.TO FINAL BEARING, HOWEVER, WITH THE HAMMER. CARE SHALL BE TAKEN TO AVOID INJURY TO PRECAST PILES; A CUSHION OF 'APPROVED DESIGN SHALL BE USED AS A DRIVING CAP WHICH SHALL PRECLUDE STRIK•I.NG- . THE ENDS OF THE REINFORCING STEEL. .DRIVING CAPS ANO/OR FOLLOWERS SHALL BE - - - SUFFICIENT TO PROTECT THE HEADS OF THE PILES AND SHALL BE DESIGNED TO REDUCE - ABSORPTION OF THE ENERGY OF THE BLOW -TO.A MINIMUM. - PILES SHALL BE SPACED- - ACCURATELY AND SHALL BE DRIVEN PLUMB OR, FOR BRACE PILES, TO THE ANGLE INOI - - - : CAT£D. PRECAST PILES SHALL BE HELD DURING DRIVING. BRACE PILES HAVING LONG - 8 -6.3. S 10, SECTION 15 HANDLING AND DRIVING TIMBER PILINGS 1, GENERAL: THE PROVISIONS OF THESE SPECIFICATIONS SHALL APPLY SPEC,IFI- .. CALLY TO THE HANDLING AND DRIVING OF UNTREATED OR CREOSOTE TREATED TIMBER PILING. INSOFAR, AS THE SPECIAL PROVISIONS OR PLANS.MAY CONFLICT WITH THIS SECTION, THE SPECIAL PROVISIONS AND PLANS WILL TAKE. PRECEDENCE. 2. . LOCATION, NUMBER, LENGTH, ETC.: . THE PLANS WILL SHOW THE LOCATION of ..ALL PILING, A SCHEDULE OF THE ESTIMATED NUMBER, SIZE AND LENGTH OF PILING AS WELL AS ANY SPECIAL DETAILS APPLICABLE TO THE WORK. THE LENGTHS OF PILES, 'AS SHOWN OR IINDICATED ON THE PLANS, ARE THE MOST PROBABLE LENGTHS THAT WILL BE REQUIREOj BUT THE ACTUAL LENGTHS SHALL BE DE- TERMINED BY DRIVING TO THE REQUIRED PENETRATION INDICATED ON THE PLANS AND, UNLESS OTHERWISE SPECIFIED IN THE SPECIAL PROVISIONS, BY THE REQUIRED BEAR- ING CAPACITY AS NOTED IN PARAGRAPH 15-09. IF INCREASED OR CHANGED LENGTHS OF PILES ARE REQUIRED I.N THE OPINION OF THE INSPECTING AGENCY, THE CONTRAC- TOR WILL BE NOTIFIED TO EITHER SPLICE THE PILES AS SPECIFIED ELSEWHERE, PUR- CHASE AND DRIVE LONGER PILES OR SUBSTITUTE SHORTER PILES, AS MAY BE INDICA- TED. SPLICING OF PILES OR THE PURCHASE AND DRIVING OF LONGER PILES WILL BE "PAID FOR AS.SPECIFIED IN PARAGRAPH 15 -17. IN DETERMINING LENGTHS OF PILES FOR ORDERING AND FOR FOOTAGE TO BE IN- CLUDED IN THE CONTRACT, THE LENGTHS GIVEN IN THE ORDER LIST SHALL BE BASED ON THE LENGTHS WHICH ARE ASSUMED TO REMAIN IN THE COMPLETED STRUCTURE. THE. CONTRACTOR SHALL, AT HIS OWN EXPENSE, INCREASE THE LENGTHS GIVEN TO PROVIDE FOR FRESH HEADINGS AND FOR SUCH ADDITIONAL LENGTHS AS MAY NECESSARY TO SUIT THE CONTRACTOR'S METHOD OF OPERATION. 3. SUB -SOIL CONDITIONS: SUB -SOIL CONDITIONS ARE DESCRIBED EITHER IN THE . SPECIAL PROVISIONS OR ON THE PLANS, ALTHOUGH THIS INFORMATION .15 BELIEVED TO BE ACCURATE, IT IS NOT TO BE CONSTRUED AS.A GUARANTEE THAT THESE CONOI TIONS EXIST. - �{. PILING TYPE: PILING SHALL BE DOUGLAS FIR AND SHALL CONFORM TO SECTION 11 OF THESE. SPECIFICATIONS, ' ..ANY VARIATION FROM THIS WILL BE SPECIFIED'IN THE SPECIAL PROVISIONS OR SHOWN ON THE PLANS• 5.: HANDLING PILES: THE CONTRACTOR SHALL CAREFULLY HANDLE CREOSOTED PIL- ING WITHOUT SUDDEN DROPPING, AND SHALL'TAKE CARE THAT THE PROTECTIVE SHELL . IS NOT BROKEN OR PUNCTURED WITH SHARP TOOLS. GOGS, PEAVIES, PIKE POLES, AND SIMILAR SHARP TOOLS SMALL NOT BE USED IN -THE. HANDLING OF CREOSOTED PILING* WIRE ROPE SLINGS MAY BE USED IN HANDLING PILING PROVIDED THEY BE APPLIED ONLY ON THE ENDS OF THE PILE WITHIN RANGES OF -THREE (3) FE'ET FROM THE LARGE .,END AND SIX (6) FEET FROM THE SMALL ENO OF PILING. ANY PILE DAMAGED SO AS TO SHOW OR EXPOSE UNTREATED INTERIOR WOOD, THEREBY OPENING THE WAY FOR THE ENTRY OF LIMNORIA, TEREDO OR OTHER BORERS, SHALL BE TREATED AS FOLLOWS: NAIL HOLES OR PUNCTURES PRODUCED FROM OTHER SOURCES SHALL BE BORED ROUND, -THE HOLE FILLED- WITH'HOT CREOSOTE AND THEN PLUGGED WITH TIGHT FITTING, TURNED PLUGS WHICH HAVE BEEN TREATED IN BOILING 'CREOSOTE OIL FOR A PERIOD' OF THREE" (3). HOURS. - - -- SHOULD THE PILES BE DAMAGED BY IMPROPER HANDLING OR IN ORIVI NO OR SHOULD .. THEY BE INJURED IN ANY OTHER MANNER BY THE CONTRACTOR'S EMPLOYEES OR THROUGH ACTS OF OTHERS BEFORE FINAL ACCEPTANCE OF THE WORK, THE CONTRACTOR SHALL BE RESPONSIBLE, AND IF THE INJURY, IN THE OPINION OF THE INSPECTING AGENCY, IS 8 -63 S12 SUCH THAT IT CANNOT BE PROPERLY REMEDIED AS HEREIN .PROVIDED,, THE CONTRACTOR WILL BE REQUIRED TO REPLACE THEM WITM.NEW PILES AT HIS OWN EXPENSE, 6. PREPARATION OF PILES FOR ORIVINGI THE TIMBER PILING SHALL BE PREPARED FOR DRIVING BY THE CONTRACTOR AS FOLLOWS: BOTH THE BUTT AND TIP OF EACH PILE SMALL BE SAWED SQUARE ACROSS" IF NOT ALREADY SQUARE. THE BUTTS OF EVERY PILE SHALL BE PROPERLY - - - HEADED. BANDING OF PILES WILL ORDINARILY BE REQUIRED IF A STEAM HAMMER IS. USED, BUTt SHOULO.IT DEVELOP THAT ANY DAMAGE WHATSOEVER _ OCCURS TO THE PILING UNDER SUCH DRIVING, THE-INSPECTING AGENCY.WILL REQUIRE THE STOPPAGE OF WORK UNTIL, PROPER HEAVY WROUGHT IRON BANDS ARE FURNISHED AND USED TO PREVENT BROOMING. AND "SPLITTING• THE TIPS OF THE PILES SHALL NOT BE POINTED UNLESi SPECIFICALLY AUTHOR - ., IZED. ,EXCEPT AS MAY BE OTHERWISE .STIPULATED IN SPECIFIC LOCATIONS, IT IS . NOT ANTICIPATED THAT STEEL SHOES WILL BE NEEDED. IN THE EVENT THAT SHOES ARE NEEDED AND ORDERED IN WRITING, THEIR DESIGN SHALL BE SHOWN ON THE PLANS. AND THEY WILL BE PAID FOR. AS EXTRA WORK." 7. SPOTTING. PILES IN POSITION: THE PILES SMALL BE SPACED ACCURATELY AS SHOWN ON THE LANS USING A TEMPLATE IF NECESSARY AND SHALL BE DRIVEN VERTI- CALLY OR ON THE BATTER SHOWN WITH REASONABLE ACCURACY IN THE POSITIONS IN01 CATED, SO THAT-THEY NEED NOT BE UNDULY PULLED INTO LINE. A DEVIATION OF NOT MORE THAN THREE (3) INCHES OFF CENTER OF'THE BENTS AND OF NOT MORE THAN SIX' (6) INCHES OUT OF POSITION ALONG THE LENGTH OF THE BENT WILL BE PERMITTED. ANY PILES THE FINAL POSITION OF WHICH DEVIATES MORE THAN THE LIMITS REFERRED TO MAY BE REJECTED BY THE INSPECTING AGENCY, AND, IF SO ORDERED, SMALL BE PULLED AND REORIVEN, OR CUT OFF AND A NEW PILE DRIVEN AT THE CONTRACTOR'S EXPENSE. 8. METHODS OF DRIVING: A HAMMERS TO BE USED: GRAVITY HAMMERS FOR DRIVING TIMBER AND STEEL PILES SHALL WEIGH NOT LESS THAN 20000 POUNDS. PREFERABLY NOT LESS THAN 3,000 POUNDS AND IN NO CASE SHALL THE WEIGHT OF THE HAMMER BE LESS THAN THE COMBIN- ,ED WEIGHT OF THE DRIVING HEAD AND PILE. THE FALL SHALL BE SO REGULATED AS TO. - AVOID INJURY TO THE PILES AND IN NO CASE SHALL EXCEED 15 FEET. WHEN A STEAM HAMMER IS'USEO, THE TOTAL ENERGY DEVELOPED BY THE HAMMER SHALL NOT BE LESS THAN 6,000 FOOT POUNDS PER BLOW, (B) ADDITIONAL EQUIPMENT: IN CASE THE REQUIRED PENETRATION IS NOT OB- TAINED BY THE USE OF A HAMMER COMPLYING WITH THE ABOVE MINIMUM REQUIREMENTS THE CONTRACTOR SHALL PROVIDE A HEAVIER HAMMER, OR RESORT TO JETTING AT HIS OWN EXPENSE. _ (C) LEADS: PILE DRIVER LEADS SMALL BE CONSTRUCTED IN SUCH A MANNER AS TO AFFORD FREEDOM OF MOVEMENT.OF THE HAMMER,'AND THEY SHALL BE HELD IN POSI- TION BY GUYS OR STIFF BRACES TO INSURE SUPPORT TO THE PILE OUR146 DRIVING. EXCEPT WHERE PILES ARE DRIVEN THROUGH WATERS THE LEADSp PREFERABLY, SMALL BE OF SUFFICIENT LENGTH SO THAT THE USE OF A FOLLOWER WILL NOT BE NECESSARY. PREFERABLY, INCLINED LEADS SHALL BE USED IN DRIVING BATTERED PILES. (D) JETTING PILES: PARTIAL JETTING OR JETTING IN 'COMBINATION WITH DRIVING, UNLESS OTHERWISE ORDERED BY THE INSPECTING AGENCYS, WILL BE AUTHORIZ- ED. THE OBJECTIVE OF THESE SPECIFICATI.ONS IS TO OBTAIN THE REQUIRED BEARING OF THE PILE WITH A MINIMUM OF INJURY THERETO AND JETTING WILL BE PERMITTED ACCORDINGLY. HOWEVER, IN ALL CASESV THE PILE SHALL BE DRIVEN FIRMLY TO ITS FINAL POSITION WITHOUT THE USE OF JETS* IN ACCORDANCE WITH THE REQUIREMENTS OF PARAGRAPH I5-09 AND JETTING SHALL BE RESTRICTED IN AMPLE TIME TO PERMIT THIS RESULT. - 9..63 S13• 9. DRIVING PROCEDURES PILES SHALL BE DRIVEN ONLY I'll THE PRESENCE OF THE INSPECTING AGENCY OR ITS AUTHORIZED REPRESENTATIVE. - PILES SHALL BE DRIVEN TO THE MINIMUM PENETRATION INDICATED IN THE SCHED- ULE OF PILE LENGTHS, UNLESS OTHERWISE SPECIFICALLY ORDERED BY THE INSPECTING AGENCY. THEY SHALL BE DRIVEN WITH A HAMMER OF SIZE ADAPTABLE TO THE DRIVING CONDITIONS ON SITE, AND TO THE SIZE AND LENGTH OF THE PILES. THE DRIVING OF EACH PILE SMALL IN GENERAL,' CONTINUE UNTIL THE AVERAGE UNIFORM PENETRATION PER BLOW IN INCHES, FOR AT LEAST TWENTY (20) CONSECUTIVE BLOWS, DOES NOT EX- . CEED THE PENETRATION PER BLOW AS INDICATED BY THE FOLLOWING FORMULASS .EXCEPTING HOWEVER THAT THE INSPECTING AGENCY MAY,WAIVE THIS REQUIREMENT. IF, AS A RESULT OF STATIC LOAD, TESTS, THE REQUIRED SAFE CAPACITY OF THE PILES MAY BE ATTAINED WITHOUT ADHERENCE TO THE FORMULAS. IN ANY EVENT, THE TOTAL PENETRATION OR FIXED PILE LENGTHS AS SHOWN ON THE .PLANS SHALL BE THE MINIMUM TO BE ATTAINED,. IRRESPECTIVE OF BEARING VALUES COMPUTED FROM UNIT PENETRATION. FOR DROP HAMMERS - - - - - -S PLUS 1.0 = 2W H R FOR SINGLE ACTING STEAM HAMMERS - S PLUS 0.1 2 W H' R FOR 'DOUBLE ACTING STEAM HAMMERS -.S PLUS 0.1 = Y H (W PLUS A P) . R WHERE S = AVERAGE PENETRATION PER BLOW A N INCHES OF LAST TWENTY' BLOWS, NOT TO BE, EXCEEDED. . R = ALLOWABLE LOAD VALUE PER PILE POUNDS. . (TO BE SPECIFIED IN THE SPECIAL PROVISIONS BUT NEVER LESS THAN PO TONS. H = DROP OR NORMAL STROKE OF HAMMER OR RAM IN INCHES. W = WEI GHT, IN POUNDS, OF RAM OR STRIKING PARTS OF HAMMER. A = AREA OF PISTON IN SQUARE INCHES. P = STEAM PRESSURE IN POUNDS PER. - SQUARE INCH AT HAMMER. - - i THE ABOVE FORMULAS ARE APPLICABLE ONLY WHEN - (A) THE - HAMMER HAS -A FREE FALL. - - - - - (B) THE HEAD OF THE PILE IS NOT BROOMED OR CRUSHED. - (C) THE PENETRATION IS,REASONABLY QUICK AND UNIFORM. (D) THERE IS NO SENSIBLE BOUNCE' AFTER. THE BLOW. - �(E) A FOLLOWER 1 -S- NOT USED•. - - - - - - 'TWICE THE HEIGHT OF THE BOUNCE SHALL BE DEDUCTED FROM MHl' TO DETERMINE ITS .VALUE IN THE FORMULA. - - - 10. DEFECTIVE PILES: THE PROCEDURE INCIDENT TO THE.DRIVING OF PILES SHALL NOT SUBJECT THEM TO EXCESSIVE AND _UNDUE ABUSE . PRODUCING INJURIOUS SPLITTINGj. - - SPLINTERING AND.BROOMING OF THE WOOD.. - MANIPULATION OF PILES TO FORCE THEM - - 8 -fi3 S14 INTO PROPER POSITION CONSIDERED BY THE INSPECTING AGENCY TO BE EXCESSIVE WILL NOT BE PERMITTED. ANY PILE DAMAGED BY REASON OF INTERNAL DErECTSp OR BY IMPROPPER DRIVING OR DRIVEN OUT OF ITS PROPER LOCATION OR DRIVEN BELOW THE ELEVATION FIXED BY THE PLANSO SHALL BE CORRECTED AT THE CONTRACTOR'S EXPENSE BY ONE OF THE FOLLOWING METHODS APPROVED BY THE'INSPECTING.AGENCY FOR THE PILE IN QUESTIONS , (1) THE PILE SHALL BE WITHDRAWN AND REPLACED BY A NEW AND IF NECESSARYs.A LONGER PILE. (2) A SECOND PILE SHALL BE DRIVEN ADJACENT TO THE DEFECTIVE OR LOW PILE.. (3) THE PILE SMALL BE SPLICED OR BUILT UP AS OTHERWISE PROVIDED HEREIN ON A SUFFICIENT PORTION OF THE FOOTING EXTENDED TO PROPERLY IMBED THE PILE. TIMBER SHALL NOT BE SPLICED.WITHOUT SPECIFIC PER' ISS:ON OF THE INSPECTING AGENCY. ALL PILES PUSHED UP BY THE DRIVING OF ADJACENT PILES OR BY ANY OTHER CAUSE SHALL BE DRIVEN DOWN AGAIN* 11. OBSTRUCTIONS: ANY OBSTRUCTIONS ENCOUNTERED IN THE DRIVING OF PILES SHALL BE REPORTED IMMEDIATELY TO THE INSPECTING AGENCY. OBSTRUCTI ONS9 IN GENERALS SHALL BE REMOVED. THE USE OF JETTING WILL BE PERMITTED FOR.VERY MINOR OBSTRUCTIONS ONLY. ALL OTHER OBSTRUCTIONS SHALL BE REMOVED BY BUCKET OR OTHER MECHANICAL DEVICE SATISFACTORY TO.THE INSPECT- ING AGENCY. THE REMOVAL OF MINOR OBSTRUCTIONS SHALL BE CONSIDERED A PART OF THE _ WORK INCLUDED IN THE CONTRACT, PROVIDED THEY ARE NOT TOO NUMEROUS. WHEN EX- CESSIVE IN NUMBER THE DEVELOPER WILL SHARE IN THE EXPENSE OF THEIR REMOVALS AND AT A PRICE TO BE DECIDED UPON BY AGREEMENT BETWEEN THE CONTRACTOR AND . THE DEVELOPER. LARGE OBSTRUCTIONS9.WHERE DISCOVERED DURING THE OPERATION OF DRIVING . WILL BE PAID FOR BY THE DEVELOPERS AND ALL MATTERS PERTAINING TO THE : SERIOUSNESS OF THE OBSTRUCTION SHALL BE DECIDED UPON BY THE INSPECTING AGENCY. .. . 12. SPLICING PILES: SPLICING OF TIMBER PILES WILL NOT BE PERMITTED EX- CEPT UPON WRITTEN APPROVAL OF THE INSPECTING AGENCY, AND THEN ONLY AFTER THE . METHOD OF SPLI.CING HAS BEEN APPROVED BY THEM. ' NOT 'MORE THAN ONE (1) SPLICE PER PILE WILL BE PERMITTED. THE LOWER PORTION OF SUCH SPLICED PILE SHALL O£ . SNORTERS AND,ORDINARILY NOT :LESS THAN TWENTY (20) FEET IN,LENGTH. 13. DRIVING RECORD: THE INSPECTING AGENCY WILL KEEP A DETAILED RECORD OF ALL PILE DRIVING OPERATIONS FROM THE TIME THE PILE IS PICKED UP UNTIL IT IS COMPLETELY DRIVEN. THE CONTRACTOR SHALL.. AT ALL TIMESS, RENDER SUCH ASSIST- ANCE AS MAY BE REQUIRED BY THE INSPECTING AGENCY IN KEEPING RECORDS OF ALL PILES DRIVEN. 14. CUTTING OFF PILES: THE PILES SHALL BE SAWED OFF TRUE ON A HORIZONTAL PLANE AT THE CUT —OFF ELEVATION GIVEN,. WHICH SHALL BE SO COMPUTED AND, DETER -, MINED THAT THE FINISHED STRUCTURE WILL BE AT THE ELEVATIONS SHOWN. THE ALLOWABLE CUT —OFF LENGTH OF BENT PILES SHALL NOT. EXCEED TWO (2) FEET UNLESS OTHERWISE AUTHORIZED BY THE INSPECTING AGENCY. ALL TIMBER PILESp AFTER BEING CUT OFFS SMALL SHOW A SOUND MEAD. 15. TREATMENT OF PILE HEADS OF' CREOSOTED PILING: AFTER THE BEARING PILES HAVE BEEN DRIVENi CUT OFF TO THE PROPER ELEVATION AND FRAMED FOR CROSS CAPS 6 -63 S15- THE HEADS SHALL BE TREATED IN THE FOLLOWING MANNER. THE SAWED OFF SURFACE SHALL BE TH'OROUGHLY AND FREELY COATED WITH TWO INDEPENDENT APPLICATIONS OF A HALF AND HALF MIXTURE NO. I CREOSOTE OIL AND COLD TARO APPLIED HOT.. THIS SHALL BE FOLLOWEOi WHEN DRY# BY THE APPLICATION OF A COAT OF A HEAVY GRADE ASPHALT APPLIED MOT WITH A COTTON MOP. A COVER- . ING COMPOSED OF THREE (3) SHEETS Of FIFTEEN (I5) POUND TARRED IRISH FLAX FELT WITH A LAYER OF ASPHALT BETWEENS SHALL. BE PLACED OVER THE ASPHALT COAT- . ED PILE TOP. THE FELT SHALL BE BENT'DOWN AT LEAST THREE (3) INCHES OVER THE SIDES OF THE PILE. THE TOP.OF THE FELT. COVERING SHALL THEN BE GIVEN 'A UNI- FORM COAT OF HEAVY GRADE ASPHALTv APPLIED NOT. .16. HEATING CREOSOTE AND ASPHALT: ALL CREOSOTE OIL, COAL TAR AND ASPHALT SHALL BE HEATED AND APPLIED AT A TEMPERATURE BETWEEN ONE HUNDRED SEVENTY (170) DEGREES AND TWO HUNDRED (200) DEGREES F. THE HEATING SHALL BE DONE AT SOME DISTANCE FROM INFLAMMABLE CONSTRUCTION SO AS TO MINIMIZE THE FIRE RISK. 17. EXTRA LENGTH OF PILES: SHOULD IT BE DEEMED NECESSARY BY THE INSPECT- .. ING AGENCY IN ANY INSTANCE TO DRIVE. ADDITIONAL PILES OR USE LONGER PILES THAN INDICATED ON THE PLANS OR IN THE SPECIAL PROVISIONSt THE.CONTRACTOR SHALL FURNISH AND DRIVE SUCH ADDITIONAL LENGTH OF PILING. THE CONTRACTOR WILL BE PAID FOR SUCH ADDITIONAL . LENGTH OF PILING AND/OR.ORIVING AS EXTRA WORK AT A UNIT PRICE TO BE AGREED UPON. IN THE EVENT-THAT PAYMENT IS TO BE MADE FOR, DRIVING ADDITIONAL TIMBER PILES ON A UNIT BASIS$ THE PAY LENGTH OF PILE DRIVEN SHALL BE TAKEN AS THE TOTAL LENGTH BELOW CUT -OFF ELEVATION, MEASURE- . MENT TO BE MADE TO THE NEAREST FOOT.' 18. PILE TESTS: IF DEEMED ADVISABLE BY THE INSPECTING AGENCY: A TEST BEAR- ING CAPACITY MAY BE REQUIRED ON ONE OR MORE PILES. THESE TESTS SHALL BE MADE .. BY THE CONTRACTOR IN SUCH A MANNER AS WILL BE OUTLINED BY THE INSPECTING , AGENCY. FOR THE WORK OF CARRYING ON THE LOADING TESTS THE CONTRACTOR WILL PAID THE ACTUAL COST TO HOMO EXCLUSIVE or SUPERINTENDENCE AND PLANTS PLUS FIFTEEN (1.5) PER CENT. 19. LOADING TESTS: WHEN REQUIRED, THE SIZE AND NUMBER OF PILES, SMALL BE DETERMINED BY ACTUAL LOADING TESTS. IN GENERAL., THESE TESTS,SHALL CONSIST OF.THE APPLICATION OF ,A TEST LOAD PLACED UPON SUITABLE PLATFORM SUPPORT- , .ED BY THE PILE, WITH SUITABLE APPARATUS FOR ACCURATELY MEASURING THE TEST LOAD AND THE SETTLEMENT OF THE.PILE UNDER EACH INCREMENT LOAD. IN LIEU ... THEAEOF. HYDRAULIC JACKS WITH SUITABLE YOKES AND PRESSURE GAUGES MAY BE USED. THE SAFE.ALLOWABLE LOAD SHALL BE CONSIDERED AS FIFTY (50) PER CENT OF THAT LOAD,, WHICHl AFTER A CONTINUOUS APPLICATION OF FORTY -EIGHT (48) HOURS PRO- DUCE A PERMANENT SETTLEMENT NOT ;GREATER THAN INCH MEASURED AT THE TOP OF THE PILE. THIS MAXIMUM SETTLEMENT.SHALL NOT BE INCREASED BY A.CONTIN000S APPLICATION AF.THE TEST LOAM FOR A PERIOD OF SIXTY. (60 ) . HOURS OR LONGER. SECTION 19 STEEL PIPE PILES' 1. GENERALt THE PROVISIONS OF THESE SPECIFICATIONS SMALL APPLY SPEC.IFI- CALLY TO THE HANDLING A W DRiVI -NG OF STEEL PIPE PILES. INSOFAR AS THE SPECIAL PROVISIONS AND PLANS NAY CONFLICT. WITH THIS SECTION, THE SPECIAL PROVISIONS AND PLANS WILL TAKE PRECEDENCE* 2. MATERIAL: (A) THE PIPE PILE SHALL HAVE A,WALL THICKNESS AND.DIAMETER AS CALLED FOR ON THE PLANS OR SPECIAL PROVISIONS. (B) THE STEEL PIPE PILES SHALL MEET THE REQUIREMENTS OF THE AMERICAN ,SOCIETY FOR TESTING MATERIALS.SPECIFICATION P-252," LATEST REVISION, 3. HANDLING PILES: ALL STEEL PIPE.PILES SHALL BE HANDLED IN SUCH.A MANNER THAT NO IMPAIRMENT OF THEIR STRUCTURAL PROPERTIES OR STRENGTH SHALL OCCUR* THE INSPECTING AGENCY SHALL .BE THE SOLE JUDGE AS TO EXTENT OF ANY DAMAGE TO THE PILES. ' -ml IMPAIRMENT OF STRUCTURAL PROPERTIES OR STRENGTH SMALL INCLUDE THE FOLLowl NG: ' (1) LARGE DENTS. (2) TEARS OR RIPS. (3) PERMANENT BENDING OVER ALLOWABLE MILL TOLERANCE. (4) PUNCTURE OF PROTECTIVE COATING ABOVE GROUND LINES IF SUCH PROTECTIVE COATING IS CALLED FOR IN THE SPECIAL PROVISIONS. SHOULD THE PILES BE DAMAGED BY IMPROPER. HANDLING OR IN DRIVING, OR SHOULD .. THEY BE INJURED IN ANY OTHER. MANNER BY THE CONTRACTOR'S EMPLOYEES OR THROUGH ACTS OF OTHERS BEFORE FINAL ACCEPTANCE OF TME.WORK, THE CONTRACTOR SHALL BE RESPONSIBLE, AND IF THE INJURY, IN THE •OPINION OF THE INSPECTING AGENCY, IS SUCH THAT IT CANNOT BE PROPERLY REMEDIED AS HEREIN PROVIDED, THE CONTRACTOR WILL BE REQUIRED TO REPLACE THEM WITH NEW PILES AT HIS OWN EXPENSE. 4. PREPARATION OF STEEL PIPE PILES FOR DRIVING: THE STEEL PIPE PILES SHALL 'O EPREPARED FOR DRIVING BY THE CONTRACTOR' AS - FOLLOWS: . (A) THE ENDS OF THE PILE SHALL BE CUT SQUARE ACROSS, IF NOT ALREADY SQUARE. (B) THE TOP OF EVERY PILE SMALL BE PR:OPER.LY HEIRDED TO PREVENT EXCESS- IVE UPSET OF THE PIPE PILE. (C) THE PROTECTIVE COATING. IF CALLED; FOR IN THE SPECIAL PROVISIONS, SHALL *BE APPLIED SUFFICI ENTLY IN. ADVANCE OF DRIVING TO INSURE ITS COMPLETE DRYING BEFORE. DRIVING. 5. SPOTTING PILES IN.POSITION: THE PILES SHALL BE.SPACED ACCURATELY AS SHOWN.. ON THE PLANS USING A TEMPLATE IF NECESSARY ANO .SHALL BE DRIVEN VERTICALLY OR ON THE BATTER SHOWN WITH REASONABLE ACCURACY IN THE POSITIONS INDICATED, SO ... THAT THEY NEED NOT BE UNDULY PULLED INTO LINE.. A DEVIATION OF NOT MORE THAN THREE (3) INCHES OFF CENTER OF THE BENT, AND OF. NOT MORE THAN SIX (6) INCHES . OUT OF POSITION ALONG THE LENGTH OF THE BENT WILL BE :PERMITTED.' ANY PILE, THE FINAL POSITION OF WHICH DEVIATES MORE THAN THE LIMITS REFERRED TO MAY BE REJECTED BY THE INSPECTING AGENCY AND NOT PAID FOR,. AND, IF .SO ORDERED, SHALL , BE PULLED AND REDRIVENS OR CUT OFF AND A.. NEW PILE .DRIVEN, AT THE CONTRACTOR'S , EXPENSE. 8 -63 S1 %, 6. METHODS OF DRIVING: A HAMMERS TO BE USED: , GRAVITY HAMMERS FOR DRIVING TIMBER'. AND STEEL .PILES SHALL WEIGH NOT LESS THAN 2,000 POUNDS, PREFERABLY NOT LESS THAN 30000 POUNDS AND IN NO CASE SHALL THE WEIGHT OF THE HAMMER BE LESS THAN THE COMBINED WEIGHT OF DRIVING MEAD AND PILE: THE FALL SHALL BE SO REGULATED AS TO AVOID INJURY TO THE PILES AND IN NO CASE SHALL EXCEED IS FEET. WHEN A STEAM HAMMER IS USEDO THE TOTAL ENERGY DEVELOPED BY THE HAMMER 'SHALL NOT BE LESS THAN 6,000 FOOT POUNDS . PER BLOW. (B) ADDITIONAL EQUI'.PMENT :. IN CASE THE REQUIRED PENETRATION IS NOT OBTAINED BY THE USE OF A HAMMER COMPLYING WITH THE ABOVE MINIMUM REQUIREMENTS; THE CONTRACTOR SHALL PROVIDE A HEAVIER HAMMERO OR RESORT TO JETTING AT HIS OWN EXPENSE. (C) LEADSt ., PILE DRIVER LEADS SMALL BE CONSTRUCTED IN SUCH A MANNER AS TO AFFORD FREEDOM OF MOVEMENT OF THE HAMMERS AND THEY SHALL BE HELD IN POSITION BY GUYS OR STIFF BRACES TO INSURE SUPPORT TO THE PILE DURING DRIVING. .EX- 'CEPT WHERE PILES . ARE ORIVEN THROUGH WATER o. THE LEADSo PREFERABLY, SHALL BE OF SUFFICIENT LENGTH SO THAT'THE USE OF'A FOLLOWER WILL NOT BE NECESSARY. PREFERABLYs INCLINED LEADS SHALL. BE USED IN DRIVING BATTERED PILES. 7. DEFECTIVE PILES: THE PROCEDURE INCIDENT TO THE DRIVING OF PILES SMALL NOT SUBJECT THEM TO EXCESSIVE AND. UNDUE ABUSE, MANIPULATION OF PILES TO FORCE THEM INTO PROPER POSITION CONSIDERED BY' THE INSPECTING AGENCY TO BE EX- CESSIVE WILL NOT BE PERMITTED. ANY PILE DAMAGED BY REASON . OF INTERNAL OEFECTSO OR BY IMPROPER DRIVING'. OR DRIVEN OUT OF ITS PROPER LOCATION OR DRIVEN BELOW THE ELEVATION FIXED BY THE PLANS, SHALL BE CORRECTED AT THE CONTRACTOR'S EXPENSE BY. ONE OF THE FOLLOWING METHODS APPROVEO.BY THE INSPECTING AGENCY FOR THE PILE IN QUESTION. ., ". _(A) THE PILE SHALL BE WITHDRAWN ''AND REPLACED BY A NEW ANDS IF NECESSARY .A LONGER PILE. (B) A SECOND PILE SHALL BE DRIVEN ADJACENT TO THE DEFECTIVE OR LOW . ... .PILE. „ (C) THE PILE SHALL BE SPLICED OR BUILT UP AS OTHERWISE PROVIDED HEREIN OR A SUFFICIENT PORTION OF THE FOOTING EXTENDED TO PROPERLY IMBED THE PILE. 'THE PILES SHALL NOT BE SPLICED WITHOUT SPECIFIC PERMISSION OF THE INSPECTING AGENCY.. ALL PILES PUSHED UP BY THE DRIVING OF ADJACENT PILES OR BY ANY OTHER CAUSE SHALL BE DRIVEN DOWN AGAIN, 8. OBSTRUCTIONS: ANY OBSTRUCTIONS ENCOUNTERED IN THE DRIVING OF PILES SHALL BE REPORTED IMMEDIATELY TO THE INSPECTING AGENCY. OBSTRUCTI DNS,, IN GENERALo SHALL BE REMOVED. THE USE OF JETTING WILL BE _ PERMITTED FOR VERY MINOR OBSTRUCTIONS ONLY. ALL OTHER OBSTRUCTIONS SHALL BE - REMOVED BY BUCKET OR -OTHER MECHANICAL DEVICE SATISFACTORY TO THE INSPECTING AGENCY. THE REMOVAL OF MINOR. OBSTRUCTIONS SHALL BE CONSIDERED A PART OF THE WORK INCLUDED IN THE CONTRACTp PROVIDED THEY ARE NOT TOO NUMEROUS. WHEN EX -- CESSIVE IN NUMBER THE DEVELOPER WILL SHARE IN THE EXPENSE OF THEIR REMOVALS . AND AT A PRICE TO BE DECIDED UPON BY AGREEMENT BETWEEN THE CONTRACTOR AND - THE INSPECTING AGENCY, LARGE OBSTRUCTIO,NS,:WHERE DISCOVERED DURING THE .OPERATION OF DRIVING WILL BE PAID FOR BY THE .DEVELOPER, AND ALL MATTERS PERTAINING TO THE SERIOUSNESS OF. THE OBSTRUCTION SHALL BE DECIDED UPON BY.THE INSPECTING_ AGENCY, 8 -63 S18 - 9. SPLICING PILES: SPLICING OF STEEL PIPE. PILES.WILL NOT BE PERMITTED EX- CEPT UPON WRITTEN APPROVAL, OF THE.INSPECTING AGENCY, AND THEN ONLY AFTER THE _- METHOD OF SPLICING HAS BEEN APPROVED BY THEM. Not MORE THAN ONE (1) SPLICE . PER -PILE WILL BE PERMITTED., THE LOWER PORTION OF SUCH SPLICED PILE SHALL BE SHORTER* AND ORDINARILY NOT LESS THAN TWENTY -(20) -FEET IN LENGTH. - 10. DRIVING RECORDS THE INSPECTING. AGENCY WILL KEEP A DETAILED RECORD OF ALL PILE DRIVING OPERATIONS FROM THE TIME THE 'PILE` -IS- PICKED. UP UNTIL IT IS COM- PLETELY DRIVEN, THE CONTRACTOR SHALLi AT- ALL.TIMESS RENDER -SUCH ASSISTANCE AS MAY BE RE- _ QUIREO IN KEEPING RECORDS OF ALL PILES DRIVEN. - -. 110 CUTTING OFF PILES,. THE PILES SHALL BE CUT OFF TRUE ON A HORIZONTAL PLANE -AT THE CUT -OFF. ELEVATI.ON GI -VENj, WHICH SHALL BE SO COMPUTED AND DETERMINED- - - THAT THE .FINISHED STRUCTURE WILL BE AT THE ELEVATION$ SMOy1N. THE "ALLOWABLE CUT -OFF LENGTH OF BENT PILES SHALL NOT EXCEED TWO (2) FEET UNLESS - OTHERWISE AUTHORIZED BY THE INSPECTING AGENCY.. - - _ - - ALL -STEEL PIPE PILES# AFTER BEING CUT-OFF.. SHALL. SHOW A SOUND HEAD. -- - - - 12. TREATMENT OF PILE HEADS: AFTER THE BEARING PILES HAVE BEEN DRIVEN# CUT OFF TO THE PROPER ELEVATION AND FRAMED FOR CROSS CAP# THE HEADS SHALL BE - - - .TREATED AS SPECIFIED IN THE SPECIAL PROVISI.ONS OR ON THE PLANS. - 13. EXTRA LENGTH OF PILES: SHOULD IT BE DEEMED NECESSARY BY THE INSPECTING AGENCY IN ANY INSTANCE TO DRIVE ADDITIONAL PILES OR USE LONGER PILES THAN INDI - -- CATED ON THE PLANS OR IN THE SPECIAL P'RDVISIONS# -THE CONTRACTOR SHALL FURNIS -H- AND DRIVE SUCH ADDITIONAL LENGTH OF PILING. THE - CONTRACTOR WILL BE PAID FOR SUCH ADDITIONAL LENGTH OF PILING AND/OR DRIVING -. AS EXTRA WORK AT A UNIT PRICE TO BE AGREED UPON, IN THE EVENT THAT PAYMENT IS TO BE MADE FOR DRIVING ADDITIONAL STEEL - _PILES ON A UNIT BASIS, THE PAY.LENGTH OF PILE DRIVEN SHALL BE TAKEN AS THE _ TOTAL LENGTH LENGTH BELOW CUT -OFF ELEVATION#- MEASUREMENT TO BE MADE TO THE NEAREST FOOT. 14. PILE TESTS:" IF DEEMED ADVISABLE BY THE INSPECTING AGENCY# A TEST BEAR- - 1NG CAPACITY MAY BE REQUIRED ON ONE OR MORE PILES. TESTS SHALL BE MADE ..THESE BY THE CONTRACTOR IN SUCH A MANNER AS WILL BE OUTLINED BY -THE .INSPECTING - f _ .. AGENCY. - - FOR THE WORK OF CARRYING ON THE - LOADING TEST..THE CONTRACTOR WILL BE - -PAID THE ACTUAL COST TO HIM# EXCLUSIVE OF SUPERINT- ENDENCE AND PLANT, PLUS - `FIFTEEN (15) PER CENT, 15. LOADI NG. TESTS: WHEN REQUIRED, THE SIZE AND NUMSEII OF PILES SHALL BE. DETERMINED BY ACTUAL LOADING TESTS: IN GENERAL#. THESE TESTS SHALL CONSIST -- - OF THE APPLICATION OF A TEST LOAD PLACED UPON A- SUITABLE PLATFORM - SUPPORTED - I .' BY THE PILE, - WITH SUITABLE APPARATUS FOR ACCURATELY MEASURING THE TEST LOAD - -_.- AND THE SETTLEMENT OF THE PILE UNDER EACH, INCREMENT LOAD. IN LIEU THEREOF' �- - HYDRAULIC JACKS WITH SUITABLE YOKES AND PRESSURE' GAUGES MAY BE USED, - THE SAFE ALLOWABLE LOAD SHALL DE CONSIDERED AS FIFTY (50) PER CENT OF - - -THAT LOAD, WHICH, AFTER :A CONTINUOUS APPLI - CATION. OF FORTY -EIGHT (48) HOURS,, -. - PRODUCE A PERMANENT SETTLEMENT NOT' GREATER THAN I/4 INCH ,- MEASURED - -AT THE TOP - - OF THE PILE. - .-- THIS- MAXIMUM SETTLEMENT SHALL NOT. BE: INCREASED BY -A - CONTINUOUS - APPLI CA -, - - - - TION OF THE TEST LOAD. FOR A PERIOD .00 SIXTY -(60) HOURS - -OR- LONGER• - - - 8 -63 - S19 SECTION 20 AGGREGATE BASE: 1. . SCOPE: THE WORK'COVERED BY THIS SECTION SHALL CONSIST OF FURNISHING ALL PLANT# LABORS MATERIALS9 TOOLS# EQUIPMENT* TRANSPORTATION AND ALL IN- CIDENTAL WORK AND SERVICES REQUIRED IN CONSTRUCTING THE AGGREGATE BASE IN ACCORDANCE WITH THE PLANS, THESE SPECIFICATIONS AND SPECIAL PROVISIONS. THE APPLICABLE PROVISIONS OF THE .STATE STANDARD SPECIFICATIONS FOR AGGREGATE BASE SHALL PREVAIL ON ANY ITEMS NOT SPECIFICALLY COVERED IN THIS SECTION. 2. SUBGRADE: THE SUBGRADE SHALL BE PREPARED AS SPECIFIED IN SECTION 9 OF THESE SPECIFICATIONS* BEFORE PLACING THE AGGREGATE RASE,, - 3. MATERIALS:, THE AGGREGATE BASE SHALL CONFORM TO SECTION 26 OF THE .STATE STANDARD SPECIFICATIONS, THE AGGREGATE FURNISHED SHALL BE CLASS 2 AND SHALL CONFORM TO THE 12 INCH MAXIMUM GRADING* THE AGGREGATE BASE SHALL BE FREE FROM VEGETABLE MATTER AND OTHER BE- SUBSTANCES AND SHALL BE OF SUCK NATURE THAT IT CAN BE COMPACTED READILY UNDER WATERING AND ROLLING TO FORM A FIRMS STABLE BASE. SECTION 21 ASPHALT PAVING: I. SCOPE: THE WORK COVERED BY THIS SECTION SHALL CONSIST OF FURNISHING ALL PLANT, LABOR, MATERIALS, TOOLS, EQUIPMENT, TRANSPORTATION AND ALL IN- CIDENTAL WORK AND SERVICES REQUIRED IN CONSTRUCTING THE COMPLETED ASPHALT :PAVING IN ACCORDANCE WITH THE PLANS, THESE SPECIFICATIONS AND SPECIAL PRO- . VISIONS. THE APPLICABLE PROVISIONS OF THE STATE STANDARD SPECIFICATIONS SHALL PREVAIL ON ANY ITEMS NOT SPECIFICALLY COVERED IN THIS SECTION. - 2. BASE: THE BASE SHALL BE PREPARED AS SPECIFIED IN SECTION 20 OF THESE' SPECIFICATIONS BEFORE PLACING THE PRIME COAT AND ASPHALT PAVING. 3. PRIME COATI AT,LEAST 24 HOURS IN ADVANCE OF PLACING THE ASPHALT CON- CRETE SURFACING OVER THE AGGREGATE BASE, THE BASE SHALL BE PRIMED WITH MC -1 OR SC -I LIQUID ASPHALT SPREAD AT A.RATE OF APPROXIMATELY 0.25 GALLONS PER SQUARE .YARD. A PAINT. BINDER OF ASPHALTIC EMULSION SMALL BE APPLIED TO ALL VERTICAL EDGES AND EXISTING ASPHALTIC PAVEMENTS AT A. RATE OF FROM 0.02 GALLONS TO 0.10 GALLONS SQUARE YARD OF SURFACE COVERED. LIQUID ASPHALT SHALL NOT BE APPLIED WHEN THE BASE IS APPRECIABLY DAMP OR WHEN THE ATMOSPHERIC TEMPERATURElS BELOW 500 F. THE EXACT RATES OF APPLICATION WILL BE DETERMINED BY THE INSPECTING AGENCY. 4. PAINT BINDER: PRIOR TO PLACING ASPHALT CONCRETE ON AN EXISTING PAVE- . MEATS THE EXISTING PAVEMENT SHALL BE THOROUGHLY CLEANED OF ALL OUST,OR OTHER MATERIAL THAT COULD PREVENT THE ADHERENCE OF THE PAINT. BINDER. IF NECESSARY, POWER SWEEPING, SUPPLEMENTED WITH HAND BRODMING AND COMPRESSED AIR, WILL BE REQUIRED. IMMEDIATELY IN ADVANCE OF PLACING THE ASPHALT CONCRETE, PAINT BINDER . SHALL BE APPLIED TO THE EXISTING SURFACE AT A RATE OF 0.05 GALLON TO 0.10 GALLON PER SQUARE YARD. THE EXACT RATE OF APPLICATION WILL BE DETERMINED BY THE INSPECTING AGENCY. PAINT BINDER SHALL CONSIST OF PENETRATION TYPE ASPHALTIC EMULSION. AFTER APPLICATION OF THE PAINT BINDER, ALL POOLS OR UNEVENLY OISTRI- . BUTED AREAS SHALL BE REDISTRIBUTED BY MEANS OF HAND BROOMS. IN ADVANCE OF PAVING, ADDITIONAL PAINT BINDER SHALL BE APPLIED, AS DIRECTED BY THE HNSPEG- . TING AGENCY, TO AREAS WHERE THE BINDER HAS BEEN DESTROYED AND NO ADDITIONAL-,. COMPENSATION WILL BE ALLOWED FOR SUCH WORK. 5. ASPHALT CONCRETE; THE ASPHALT CONCRETE SHALL CONFORM TO SECTION 39OF THE STATE STANDARD SPECIFICATIONS. UNLESS OTHERWISE SPECIFIED, THE ASPHALT .CONCRETE SHALL BE TYPE B, THE MINERAL AGGREGATE SHALL BE J INCH MAXIMUM MEDIUM, AND THE ASPHALT BINDER SHALL DE 85 -100 GRADE PAVING ASPHALT, . 6: PLACING.ASPHALT CONCRETE; 'IMMEDIATELY IN ADVANCE OF PLACING AS CONCRETE, ADDITIONAL PRIME COAT OR PAINT BINDER SHALL BE APPLIED AS OIRECIED. BY THE ,INSPECTING AGENCY TO AREAS WHERE THE PRIME COAT OR PAINT BINDER HAS BEEN .... DESTROYED.' ASPHALT CONCRETE SHALL BE SPREAD AT A TEMPERATURE OF NOT LESS THAN _.2250 F. AND ALL INITIAL. ROLLING OR 'TAMPING SHALL DE PERFORMED WHEN THE - - - TEMPERATURE OF THE MIXTURE' IS SUCH THAT THE SUM OF THE AIR TEMPERATURE PLUS' THE TEMPERATURE OF THE MIXTURE IS BETWEEN 3000 F. AND 3750 F. - - -' IF THE TEMPERATURE OF ANY MIXTURE LEAVING THE PLANT DROPS MORE THAN. 209 F. BETWEEN THE TIME OF LEAVING THE PLANT AND PLACING ON THE:ROADi THE _CONTRACTOR SHALL FURNISH AND USE TARPAULINS TO COVER THE LOADS. 8 -63 S21 ASPHALT CONCRETE SHALL BE SPREAD AND COMPACTED IN LAYERS NOT TO EX- CEED 0.17 FEET IN COMPACTED THICK -NESS. UNLESS OTHERWISE SPECIFIED, ALL ASPHALT PAVING, EXCEPT LEVELLING COURSES, SHALL BE SPREAD WITH AN .ASPHALT PAVER. ASPHALT PAVERS SHALL BE OPERATED IN SUCH AMANNER AS. TO ASSURE CONTINUOUS AND UNIFORM MOVEMENT OF .. THE PAVER. .. 7. ROLLING ASPHALT CONCRETE: INITIAL OR BREAKDOWN ROLLING SHALL CONSIST OF ONE COMPLETE COVERAGE OF THE ASPHALT MIXTURE AND SHALL BE PERFORMED WITH . A TANDEM OR ,3 -WHEEL ROLLER. SUCH .ROLLERS SHALL WEIGH NOT LESS THAN 12 TONS• ROLLING SMALL COMMENCE AT THE LOWER. EDGE AND SHALL PROGRESS TOWARD THE HIGHEST PORTION. .UNDER NO CIRCUMSTANCES SHALL THE CENTER BE ROLLED FIRST, ROLLING SHALL BE PERFORMED WITH THE DRIVE WHEEL OF THE TANDEM ROLLER FORWARD WITH RESPECT TO THE DIRECTION OF THE SPREADING OPERATIONS, UNLESS OTHERWISE : PERMITTED, THE INITIAL OR BREAKDOWN ROLLING SHALL BE FOLLOWED BY ADDITIONAL ROLL- ING CONSISTING OF THREE COMPLETE COVERAGES WITH PNEUMATIC -TIRED ROLLER OR TANDEM ROLLER WHILE THE TEMPERATURE OF THE MIXTURE IS AT OR ABOVE 1500 F. THE FINAL ROLLING. OF THE UPPERMOST LAYER OF ASPHALT CONCRETE SHALL BE PERFORMED WITH AN 8 TOH 2-AXLE TANDEM ROLLER.' ROLLING SHALL EE PERFORMED IN SUCH A MANNER THAT CRACKING, SHOVING OR DISPLACEMENT WILL BE AVOIDED. . THE COMPLETED SURFACING.SHALL. BE THOROUGHLY COMPACTED SMOOTH, AND TRUE TO GRADE AND CROSS- SECTION, AND FREE FROM RUTS,'MUMPS, DEPRESSIONS, OR IRREGULARITIES. WHEN A STRAIGHT.' EDGE IO FEET LONG IS LAID ON*THE FINISHED SURFACE, THE SURFACE SHALL NOT VARY.MORE THAN 0.01 FEET FROM THE LOWER EDGE OF THE STRAIGHT EDGE. ANY RIDGES, INDENTATIONS OR OTHER OBJECTIONABLE MARKS LEFT IN THE SUR- FACE OF ASPHALT CONCRETE BY BLADING INS OTHER EQUIPMENT SHALL BE ELIMINATED EITHER BY ROLLING OR OTHER MEANS, THE USE OF ANY EQUIPMENT THAT LEAVES RIDGES, INOENTATIONSSi OR OTHER OBJECTIONABLE MARKS IN THE ASPHALT CONCRETE SMALL BE DISCONTINUED AND OTHER ACCEPTABLE EQUIPMENT SHALL BE FURNISHED BY.' THE CONTRACTOR DURING ROLLING OPERATIONS,. WHEN DIRECTED BY THE INSPECTING AGENCYy THE . .ASPHALT CONCRETE SHALL BE COOLED BY APPLYING WATER. .8. HEADERS: WHENEVER THE PAVEMENT DOES NOT TERMINATE AGAINST A CURB, '.CUTTER OR OTHER IMPROVEMENT OF A SUBSTANTIAL. NATURE, THE CONTRACTOR SHALL PROVIDE AND LAY UPON THE LINE OF SAID TERMINATION A 2 X 4 INCH REDWOOD HEADER, HELD IN PLACE BY T X 4 INCH STA KESp NOT LESS THAN (Z INCHES LONG. SAID HEADERS AND STAKES SHALL REMAIN 'IN PLACE AFTER, THE COMPLETION OF THE WORK AND SHALL NOT BE REMOVED BY THE CONTRACTOR•' - - 9. MANHOLE AND VALVE .BOX COVERS: 'UNLESS OTHERWISE SPECIFIED, THE. PAVING CONTRACTOR WILL BE REQUIRED, TO ADJUST ALL MANHOLE, VALVE BOX, CLEAN -OUT AND " MONUMENT COVERS. TO FINISHED- GRADE, AND THE COST SMALL BE INCLUDED IN THE PRICE' BID FOR THE PAVING IN PLACE -. - ALL COVERS SHALL BESET. 1%8.. .INCH BELOW FINISHED STREET GRADE.' THE PAV, E- MENT AROUND THE COVER. SHALL BE NEATLY AND SYMMETRICALLY TRIMMED AND REPLACED WITH A MINIMUM COMPACTED- THICKNESS. OF I INCH GREATER,THAN THE EXISTING PAVE- 4_ „ MENT THICKNESS.- - - BASE MATERIAL SHALL BE REPLACED IN KIND AND COMPACTEO'BEFORE PLACING THE PAVEMENT REPLACEMENT. -ALL PATCHING WORK SHALL BE DONE SO. AS TO INSURE AGAINST.ANY SUBSEQUENT SETTLEMENT AND TO LEAVE A.PATCH THAT IS CLEAN, UNI- _FARM, AND NEAT IN APPEARANCE, ..- 8 -63 S22 SECTION 23 PORTLAND CEMENT CONCRETE I . DESCRIPTION: PORTLAND CEM.ENT CONCRETE SHALL BE COMPOSED OF PORTLAND CEMENT, FINE AGGREGATE, COARSE AGGREGATE, AND WATERS PROPORTIONED AND MIXED ALL IN ACCORDANCE WITH SECTION 90 OF THE STATE STANDARD SPECIFICATIONS AND AS HEREIN SPECIFI ED." CLASS A CONCRETE SHALL CONTAIN 564 LOS. (6 SACKS) OF PORTLAND CEMENT PER CU. YD. CLASS B CONCRETE SHALL CONTAIN 475 LBS. ($SACKS) OF PORTLAND CEMENT PER CU. YD.., CLASS C CONCRETE SHALL. CONTAIN 376 LOS. .(4 SACKS) OF _ PORTLAND. CEMENT PER CU. YD. CLASS D CONCRETE SHALL CONTAIN 656 LOS. (7 SACKS) OF PORTLAND CEMENT PER CU. YO. SHOULD THE QUANTITIES OF INGREDIENTS DESIGNED TO PRODUCE A CUBIC YARD . OF CONCRETE RESULT IN A YIELD GREATER,OR LESS THAN ONE - CUBIC,YARO, THE AMOUNTS OF FINE AND COARSE AGGREGATE SHALL SE CHANGED AS NECESSARY TO MAINTAIN THE CONSTANT QUANTITY OF PORTLAND CEMENT IN EACH•CUBIC YARD OF CONCRETE. 2. MATERIALS: THE MATERIALS FOR MANUFACTURING PORTLAND CEMENT CONCRETE SHALL CONFORM TO THE FOLLOWING REQUIREMENTS: (I .PORTLAND CEMENT: PORTLAND CEMENT, INCLUDING PORTLAND CEMENT USED IN PRECAST PRODUCTS SHALL BE Type 'II CEMENT. ALL CEMENT USED IN THE MANUFACTURE OF CONCRETE FOR EXPOSED SUR- FACES OF A STRUCTURE SHALL BE OF THE SAME BRAND, . (2)' WATERi WATER FOR WASHING AGGREGATES FOR MIXING WITH CONCRETE,' SHALL BE FREE FROM OIL AND OF DOMESTIC QUALITY. WATER ,FOR CURING CONCRETE SHALL NOT CONTAIN'IMPURITI ES IN SUFFICIENT AMOUNT. TO CAUSE 01 S COLORAT ION OF THE CONCRETE OR . PRODUCE ETCHING OF THE SURFACE AND SHALL BE OF DOMESTIC . . QUALITY. . (3) COARSE AGGREGATE COARSE AGGREGATE SHALL CONSIST OF GRAVEL, . CRUSHEO GRAVEL, CRUSHED ROCKS OR COMBINATIONS THEREOF. IT SHALL BE FREE FROM DELETERIOUS COATINGS ROOTS, BARKS STICKS- .. RAGS, AND OTHER EXTRANEOUS MATERIAL. .'REGARDLESS OF SOURCE, ALL COARSE AGGREGATE SHALL BE THOROUGHLY AND UNIFORMLY WASHED BEFORE DELIVERY ON THE WORK. (4) FINE AGGREGATE: FINE AGGREGATE, SHALL BE NATURAL 'SAND OR A COMBINATION OF NATURAL AND MANUFACTURED SAND. FINE AGGREGATE - SHALL BE COMPOSED OF NOT .LESS THAN 50 PER CENT NATURAL SAND:: IT.SHALL BE FREE FROM DELETERIOUS COATINGS, ROOTS BARKS STI CKS, RAGS AND OTHER EXTRANEOUS MATERIAL. REGARDLESS OF SOURCE, 'ALL FINE:AGGREGATE SHALL BE THOROUGHLY . AND UNIFORMLY WASHED BEFORE DELIVERY. ON THE WORK: GRADING LIMITS OF COMBINED AGGREGATES. SIEVE SIZE - PERCENTAGES PASSING SIEVES 2;" MAX. ig" Max. 3/41' MAX. 3 .. .................... 100 2'- z" ................... 95 -100 - - - 2...................... 80- 95 100 - - . 1Z".................... 65- 87 90 -100 I'I ................... 50- 75 50- 86 100 3/4 "....c ............. 45- 66 45- 75 90 -100 3/811 .................. 38- 55 38- 55 60- 80 . No. 4 ................. 30- 45 30- 45 40- 60 ND, 6 ................. 23- 35 23- 35 30- 45 No. 16................. 17- 27'. .17- 27 20- 35 No. 30 ................ 10- 17 10- 17' 13- 23 No. 50 ................ 4- 9 . 4- 9 5- 15 . No. 100 ............... I- 3 1- 3 No. 200 ............... 0- 2 0 2.. 0- 2' THE COMBINED AGGREGATE SIZE USED IN THE WORK SHALL BE THE IZ" MAX, SIZE FOR CURBS, GUTTERS, SIDEWALKS AND CROSS- GUTTERS. THE 21 MAX. SIZE SHALL. BE USED IN STRUCTURES EXCEPT WHEN THE THICKNESS OF THE MEMBER IS 700 SMALL, OR THE SPACING OF REINFORCEMENT IS TOO CLOSE TO PERMIT PROPER PLACEMENT AND CON-- SOLIDATIom, THE 3/4" MAX. SIZE SHALL BE USED ONLY UPON WRITTEN PERMISSION OF THE INSPECTING AGENCY. CHANGES FROM ONE SIZE TO ANOTHER SHALL NOT BE MADE OUR - : ING THE PROGRESS OF THE WORK UNLESS PERMITTED BY THE INSPECTING AGENCY. 4. READY -MIXED CONCRETES. READY -MIXED CONCRETE SHALL BE MIXED AND DELIVER- ED TO THE SITE OF THE WORK IN TRUCKS SPECIFICALLY DESIGNED FOR THE PURPOSE. EACH MIXER AND AGITATOR SHALL HAVE ATTACHED THERETO IN A PROMINENT PLACE A METAL PLATE OR PLATES ON WHICH 15 PLAINLY MARKED THE VARIOUS USES FOR WHICH THE EQUIPMENT IS DESIGNED, THE MANUFACTURER'S GUARANTEED CAPACITY OF THE DRUM OR CONTAINER IN TERMS OF THE VOLUME OF MIXED CONCRETE AND THE SPEED OF ROTA- TION OF THE MIXING DRUM OR BLADE. TRUCK MIXERS SHALL BE EQUIPPED WITH ELEC- TRICALLY ACTUATED COUNTERS BY WHICH THE NUMBER. OF REVOLUTIONS OF THE DRUM OR 6CADES,,MAY READILY BE VERIFIED. THE COUNTERS -SHALL BE OF THE RESETTABLE, . RECORDING TYPE AND SHALL BE MOUNTED IN THE DRIVER'S CAB.. THE COUNTERS SHALL . BE ACTUATED AT THE TIME OF STARTING MIXING AT MIXING SPEEDS. THE TRUCK MIXER WHEN LOADED TO THE MANUFACTURER'S GUARANTEED CAPACITY .. " SHALL BE CAPABLE OF COMBINING THE INGREDIENTS OF, THE CONCRETE INTO'A THOROUGH- LY MIXED AND UNIFORM MASS.'ANO OF DISCHARGING THE CONCRETE WITH A SATISFACTORY . DEGREE OF UNIFORMITY. . EACH BATCH OF CONCRETE SHALL BE MIXED IN A TRUCK MIXER FOR NOT LESS THAN 70 -NOR MORE THAN 100 REVOLUTIONS OF THE DRUM OR BLADE$ AT THE RATE OF ROTA - . TION DESIGNATED BY THE MANUFACTURER OF THE EQUIPMENT ON THE METAL PLATE ON THE MIXER AS MIXING SPEED. ADDITIONAL MIXING,, IF ANY, SHALL BE AT THE SPEED DESIGNATED BY THE MANUFACTURER OF THE EQUIPMENT AS AGITATING SPEED. ALL - MATERIALS INCLUDING MIXING WATER. SHALL BE IN THE MIXER DRUM BEFORE ACTUATING - THE REVOLUTION COUNTER FOR DETERMINATION OF NUMBER OF REVOLUTIONS OF MIXING. CONCRETE SHALL BE DELIVERED TO THE SITE OF.THE WORK AND DISCHARGE SHALL ... BE.COMPLETED WITHIN ONE HOUR AFTER ADDITION OF THE CEMENT TO THE AGGREGATES OR . BEFORE THE DRUM HAS BEERREVOLVED.250 REVOLUTIONS, WHICHEVER COMES FIRST. 8 -63 . S25 IN HOT WEATHER OR UNDER CONDITIONS CONTRIBUTING TO QUICK STIFFENING OF THE . CONCRETE OR WHEN THE TEMPERATURE OF THE CONCRETE is 850 F. OR ABOVEy THE TIME BETWEEN THE INTRODUCTION OF THE CEMENT TO THE AGGREGATES AND DISCHARGE SHALL NOT EXCEED 45 MINUTES. CONCRETE WHEN DISCHARGED SHALL BE OF THE CONSISTENCY AND WORKABILITY REQUIRED FOR THE JOB WITHOUT THE USE OF ADDITIONAL MIXING WATER. TRUCK MIXERS SHALL BE OPERATED WITHIN A CAPACITY NOT IN EXCESS OF THE MANUFACTURER'S. GUARANTEED CAPACITY AND AT A SPEED OF ROTATION FOR MIXING OR AGITATING AS DESIGNATED BY THE MANUFACTURER OF THE EQUIPMENT. EACH BATCH OF CONCRETE DELIVERED AT THE JOB SITE SHALL BE ACCOMPANIED BY A TICKET SHOWING VOLUME OF CONCRETES THE WEIGHT OF CEMENT IN POUNDS AND THE TOTAL WEIGHT OF ALL INGREDIENTS IN POUNDS.. THE TICKET SHALL ALSO SHOW THE TIME OF DAY AT WHICH THE MATERIALS WERE BATCHED. 5. HAND- MIXING: HAND -MIXED CONCRETE SHALL BE MADE IN BATCHES OF NOT MORE THAN ONE -THIRD CUBIC YARD AND SHALL BE MIXED IN A WATER - TIGHTS LEVEL PLAT -. FORM. THE PROPER AMOUNT OF COARSE AGGREGATE SHALL BE MEASURED IN MEASURING BOXES AND SPREAD ON THE PLATFORM AND THE,FINE AGGREGATE SMALL BE SPREAD ON THIS LAYER, THE TWO LAYERS BEING . NOT MORE THAN ONE.F00T IN TOTAL DEPTH. ON THIS MIXTURE SHALL BE SPREAD THE DRY CEMENT AND THE WHOLE MASS TURNED NOT .«?LESS THAN 2 TIMES DRY; THEN SUFFICIENT CLEAN WATER SHALL BE ADOEOI EVENLY.. DISTRIBUTED AND THE WHOLE MASS AGAIN TURNED NOT LESS THAN 3 TIMESI, NOT IN- . CLUDING PLACING IN THE CARRIERS OR FORMS, " 6. ADMIXTURES: NO ADMIXTURES SHALL BE USED WITHOUT WRITTEN PERMISSION ' FROM THE INSPECTING AGENCY OR UNLESS ELSEWHERE PROVIDED FOR IN THESE SPECI- FICATIONS OR IN THE SPECIAL PROVISIONS. SUBJECT TO SUCH PERMISSIONS ADMIX - TURES, TO MINIMIZE SEGREGATIONS TO IMPROVE WORKABILITY' TO REDUCE THE AMOUNT OF MIXING.WATERS TO RETARD OR ACCELERATE. SETTING. TIMES OR TO ACCELERATE DEVELOPMENT OF STRENGTH MAY BE USED IN THE RATE OF DOSAGE SPECIFIED BY THE INSPECTING AGENCY. ADMIXTURES SHALL NOT BE USED TO REPLACE CEMENT. ADMIX- TURES CONTAINING CHLORIDES CALCULATED AS CALCIUM CHLORIDE IN 'EXCESS OF ONE PER CENT BY WEIGHT SHALL NOT BE USED IN PRESTRESSED CONCRETE. 7. AMOUNT OF WATER AND SLUMP TEST: THE PROPER CONSISTENCY OF CONCRETE SHALL BE DETERMINED BY TEST METHOD No. CALIF. 520." THE ALLOWANCE FOR SLUMP SHALL BE AS FOLLOWS:. - CURBS, GUTTERS SIDEWALKS, CROSS- GUTTERS..:..... NOT MORE THAN 4 IN. REINFORCED CONCRETE STRUCTURES, HEAVY SECTIONS.. NOT MORE THAN 3.IN. REINFORCED CONCRETE STRUCTURES, THIN SECTIONS AND COLUMNS.... ..... .......................... NOT MORE THAN 4 IN. CONCRETE PLACED UNDER WATER ....... ............. NOT LESS THAN 6 IN. NOT MORE THAN 811 THE AMOUNT OF WATER ADDED AT THE MIXER SHALL BE REGULATED IN ACCORDANCE WITH THE FREE WATER IN THE AGGREGATES AND THE REQUIREMENTS FOR WORKABILITY WITHIN THE LIMITS OF SLUMP SET FORTH ABOVE. WITH THE EXCEPTION OF CONCRETE PLACED UNDER WATER. -THE AMOUNT OF WATER, INCLUDING THE FREE WATER IN THE AGGREGATES SHALL NOT EXCEED 52 POUNDS PER SACK OF CEMENT IN CLASS A CONCRETE ,NOR 60 POUNDS PER SACK IN CLASS B CONCRETE. FREE WATER IN AGGREGATES IS DE- FINED AS THE TOTAL WATER MINUS THE WATER ABSORBED BY THE AGGREGATES IN A .SATURATED, SURFACE -DRY CONDITION. 8. CUP I NG: THE ENTIRE EXPOSED AREA OF THE CONCRETE WORK SHALL BE CURED FOR NOT LESS THAN 72 HOURS BY THE CURING COMPOUND METHOD. SHOULD THE SIDE 8 -63 S� FORMS BE REMOVED BEFORE THE EXPIRATION OF 72 HOURS FOLLOWING THE START OF CURING, THE EXPOSED EDGES SHALL ALSO B.E CURED. CURING SHALL COMMENCE AS. SOON AS THE FINISHING PROCESS HAS BEEN COM- PLETED. THE ENTIRE SURFACE OF THE CONCRETE SHALL BE SPRAYED UNIFORMLY WITH A CURING COMPOUND WHILE THE SURFACE STILL RETAINS A VISIBLE FILM OF WATER. IF THE FINISHING PROCESSES HAVE NOT BEEN COMPLETED PRIOR.TO THE LOSS OF A VISIBLE FILM. OF. WATER FROM THE CONCRETE SURFACE, ADDITIONAL WATER ,SHALL BE APPLIED BY MEANS OF A NOZZLE WHICH WILL ATOMIZE THE FLOW SO THAT MIST, NOT A'SPRAY, IS FORMED. THE SURFACE SHALL BE MAINTAINED WITH A VISIBLE FILM OF WATER UNTIL JUST PRIOR TO THE APPLICATION OF THE COMPOUND. ' CURING COMPOUND SHALL BE APPLIED AT A UNIFORM RATE OF ONE GALLON PER 150 SQUARE FEET OF AREA.. _ CURI NG' COMPOUND' SHALL.MEET THE SPECIFICATIONS OF AASHO DESIGNATION:'' M146, TYPE II. CURING COMPOUND SMALL BE DELIVERED TO THE WORK IN READY -MIXED FORM. AT THE .TIME OF USE, THE COMPOUND SHALL -BE IN A THOROUGHLY MIXED CONDITION. SPRAYING EQUIPMENT SHALL BE OF THE FULLY ATOMIZING TYPE. CARE SHALL BE TAKEN TO INSURE AMPLE COVERAGE OF THE COMPOUND AT EDGES, CORNERS AND ROUGH SPOTS.- SHOULD THE FILM OF*COMPOUNO BE DAMAGED FROM ANY CAUSE BEFORE THE EXPIRATION OF 72 HOURS AFTER ORIGINAL APPLICATION, THE DAM- ..' AGED PORTION SHALL BE R EPAI RED IMMEDIATELY Wi TH ADD IT.I DNA COMPOUND. 8 -63 $ 27 r SECTION 24 FORMS FOR PORTLAND CEMENT CONCRETE: I. GENERAL CONDITIONS: ALL FORMS FOR CONCRETE CONSTRUCTION SHALL BE BUILT TO THE EXACT SIZE AND SHAPE OF THE CONCRETE MEMBER OR PART SHOWN OR SPECIFIED, AND ANY FORM DEPARTING FROM THIS RULE SHALL BE.TORN DOWN AND REBUILT. IN GENERAL, THE FORMS SHALL BE CONSTRUCTED OF DOUGLAS FIR.OR PORT OR- FORD, CEDAR OF A GRADE SUFFICIENTLY HIGH TO MAINTAIN TRUE SHAPE AND ALIGNMENT DURING CONCRETE POURING OPERATIONS. FORMS SHALL BE SO CONSTRUCTED AS TO BE UNYIELOINGj TRUE,TO LINE AND LEVEL, SUFFICIENTLY,TIGHT TO PREVENT ESCAPE OF MORTAR AND SHALL BE PROPERLY' . AND EFFECTIVELY BRACED JO PREVENT :COLLAPSE OR DEFORMATION OF THE MEMBER BEING CAST. FORMS SHALL BE CONSTRUCTED IN ACCORDANCE WITH THESE SPECIFICATIONS.AND WITH SECTION 51 -1.05 OF THE STATE STANDARD SPECIFICATIONS* 2. DELAYS IN POURING: WHEN FORMS ARE BUILT TO RECEIVE CONCRETE THE GENERAL RULE WILL BE THAT THE CONCRETE SHALL BE POURED IMMEDIATELY OR NOT,TO EXCEED SIXTEEN (16) HOURS THEREAFTER. HOWEVER, FOR CAUSES BEYOND THE CONTROL OF THE .CONTRACTOR, OR BY EXPRESSED, SANCTION OF.THE INSPECTING AGENCY, SHOULD THE INTERVAL BETWEEN THE COMPLETION OF THE FORMWORK AND THE BEGINNING OF THE POUR EXCEED FORTY-EIGHT .(48) HOURS, THE FORMWORK SHALL BE QUICKLY CHECKED FOR TRUE POSITION IMMEDIATELY PRIOR TO THE POUR. SHOULD THE DELAY EXTEND BEYOND .. .SEVENTY -TWO (72) HOURS, A MORE CAREFUL CHECK FOR TRUE POSITION OF THE :FORMWORK SHALL BE MADE... AFTER EACH CHECK, HOWEVER, SHOULD THE TRUE POSITION OF THE FORMWORK BE FOUND DEFECTIVE, REALIGNMENT AND READJUSTMENT SHALL BE MADE BEFORE POURING IS BEGUN. 3. SCAFFOLDS. AND STAGING: SCAFFOLDS AND STAGING SHALL BE ERECTED INDE PENDENT OF.ALL FORMWORK. THE USE OF.FORMWORK TO PROVIDE ANY KIND OF, SUPPORT, . . ..STABILITY OR FIXITY FOR THE SCAFFOLDS OR STAGING WILL NOT BE PERMITTED, NOR . SHALL FORMWORK RECEIVE SUPPORT FROM SCAFFOLDS OR STAGING UNLESS THE SCAFFOLD OR,STAG:NG HAS BEEN EXPRESSLY DESIGNED FOR THIS PURPOSE. .4. PLYWOOD AND PRESDWOOD FOR FORMS: PLYWOOD USED FOR FORMS SHALL BE MA NU- 'FACTURED WITH WATER -PROOF GLUE AND SHALL NOT BE LESS IN THICKNESS THAN FIVE EIGHTHS (5/8) INCH UNLESS BACKED BY BOARDS OR SHEATHINGS AND NEVER LESS THAN ., FIVE- EIGHTHS (5/8) INCH WHERE A fINISHED CONCRETE SURFACE IS CALLED FOR UN- LESS OTHERWISE SPECIFIED OR SANCTIONED BY THE INSPECTING AGENCY. PRESOWOOD, WHERE CALLED FOR, SHALL IN ALL,CASES BE BACKED BY BOARDS OR SHEATHING. PRESOWOOD OR PLYWOOD LESS THAN ONE- FOURTH(1/4) INCH IN THICKNESS SHALL BE BACKED BY SOLID SHEATHING WITH THE INDIVIDUAL BOARDS NOT WIDER THAN SIX (6) INCHES AND ALL SHEATHING SURFACES TO A UNIFORM THICKNESS WHEN A FINISHED CONCRETE SURFACE IS SPECIFIED. WHEN AN UNFINISHED CONCRETE SURFACE IS DESIRED OR WHERE ANOTHER KIND OF SURFACE FINISH IS SPECIFIED TO BE APPLIED OVER THE CONCRETE, OR.WHERE CON- .. CRETE SURFACE WILL BE HIDDEN BY ANOTHER TYPE OF CONSTRUCTION' OR MATERIAL, AND THE CONTRACTOR PREFERS TO USE PLYWOOD OR PRESDWOOD, THE THICKNESS SHALL NOT BE LESS THAN ONE- FOURTM(1/4) INCH AND,THREE- SIXTEENTH (316) INCH RESPECT- : IVELY; HOWEVER, A BACKING.OF OPEN SPACED BOARDS ,SMALL BE USED, IN EACH CASE. THE SPACING BETWEEN BACKING SMALL NOT EXCEED SIX (6) INCHES. . ALL PLYWOOD USED FOR FINISHED CONCRETE SURFACES SMALL BE CLEAR, ALL HEART DOUGLAS FIR, G I S, AND SHALL BE OILED AT THE-FACTORY BEFORE DELIVERY AND RE- OILED AT THE SITE BEFORE CONCRETE IS POURED. :NO OILING SHALL BE DONE, HOWEVERt UNLESS 'SO AUTHORIZED BY THE INSPECTING AGENCY,; WHERE CONCRETE SURFACES ARE 8_63 S n SPECIFIED TO BE FINISHED WITH EITHER OIL - MIXED -OR WATEIR -MIXED PAINTS OR WITH FINISHED - STUCCO; BUT THE PLYWOOD SMALL. BE DELIVERED AND ERECTED UNTREATED -- - WITH OIL OR OTHER SEALING MATERIAL -OR COMPOUND. - - ALL PRESDWOOD,, NO MATTER WHERE USED AS A. FORM FOR CONCRETE WORKS SHALL BE TEMPERED PR,ESOW000 ANDS UNLESS OTHERWISE REQUIRE'Dg, SHALL BE-GREASED BEFORE . - ERECTION WITH A PARAFFIN BASE OIL (MIN. VISCOSITY -154 SAYBOLT) FREE FROM VOLA- TILE CONSTITUENTS. 5. MATCHED SHEATHING FOR FORMS: IN SPECIAL CASES, WHERE SHOWN OR SPECIFIEOA FOR FINISHED CONCRETE SURFAC -ES, DRESSED AND HATCHED TONGUL' AND GROOVED. CLEAR - DOUGLAS FIR SMALL BE USED, LAID HORIZONTALLY OR VE- RTICAL AS CALLED FOR. - - -. 6. COMMON SHEATHING FOR FORMS: IN ALL CASES* EXCEPT WHERE SANCTION OF THE 1NSPEC,TING AGENCY IS OBTAINED TO USE PLYWOOD OR PRESDWOODV AND EXCEPT WHERE - - - '- OTHERWISE SPECIFIED FOR FINISH N0. I SQUARED EDGED SHEATHING SHALL BE USED". - - - - NOT EXCEEDING SIX (6) INCHES IN WIDTH- NOR-LESS THAN ONE (1) INCH IN THICKNESS# - - - NORMAL SIZES Of THE SPECIES OF W600_ CALLED FOR IN SECTION 23-01, LAID - HORIZON- -- - _ TALLY. WITH TIGHT JOINTS TO PREVENT THE ESCAPE OF. CONCRETE MORTAR. -KNOT HOLES - - OR LOOSE KNOTS SHALL BE EFFECTIVELY COVERED WITH TIN OR OTHER :FLAT METAL TACK - -- - -. ED IN PLACE. ALL I" X 6" FORMS FOR THIS SUB- S -ECTI ON SMALL 'BE SURFACED FOR - - - . - ..THICKNESS AND THE SURFACED SIDE. OF EACH BOARD SHALL BE LAID ADJACENT TO THE CONCRETE. IN NO CASE SMALL -RE -SAWN LUMBER BE USED. 7. SURFACE TREATMENT OF WOOD FORMS: IN GENERAL,' BUT SUBJECT TO THE OISCRE -- ! -TION OF THE INSPECTING AGENCY, ALL WODD.FORMS, EXCLUSIVE OF FORMS FOR F.INISNED- - -. - I CONCRETE SURFACES, SHALL BE GIVEN TWO (2) COATS OF COLORLESS NON - STAINING, - FORM OIL; FOR EACH RE -USE OF THE FORMS.WHEN' REQUIRED AFTER CLEANING, ONE ADDI -. -- -- 1 - - - TIONAL- COAT. - - - - - - FORM OIL MAY BE APPLIED EITHER BY BRUSH OR BY SPRAY AT THE CONTRACTOR'S - CHOICE, EXCEPT THAT STEEL REINFORCEMENT OR OTHER CONCRETE ENCLOSED MEMBER OR - - -.`. -,- DETAIL SHALL BE KEPT FREE OF OIL UNLE.SS SPECIFIED TO BE OILED OR GREASED. - - -- HOWEVER. ALL OILING OF WOOD FORMS .SHALL BED IN GENERALS ACCOMPLISHED BEFORE THE - - -- -_��� -- _ FORM IS SET IN PLACE. FORM OIL SHALL SES OR EQUAL Too THAT MANUFACTURED BY .- - - -- - - - THE A. C. HORN COMPANYS• LONG ISLANDS NEW YORK.. - - - 8. METAL FORMS: METAL FORMS FOR WALLS MAY BE USED ONLY WHEN SPECIFIED FOR USE OR BY EXPRESSED SANCTION -OF -THE INSPECTING AGENCY. . WHEN SPECIFIED OR - - -i - SANCTIONED FOR USE, BLACK IRONS UNGALVANIZED, OF TWENTY' -FOUR (24) OR TWENTY- - - - -. SIX (26), GAUGE SHALL BE USED IF SUITABLY BACKED .BY SOLID SHEATHING OR SPACED - -. - BOARDS.- .- - - RIBBONS OR BELT COURSE MOULOS# -WHEN APPROVED BY THE INSPECTING AGENCY. MAY - -. -- - BE CASED IN METAL. FORMS. SH OULD THE CONTRACTOR CONSIDER THEIR USE ECONOMICAL.__- - OR WHEN THE. USE OF, METAL FOR SUCH WORK IS SPECIFIED OR CALLED FOR. - - - - CONCRETE JOIST CONSTRUCTIONS WHERE CALLED FOR, MAY BE FORMED OF STANDARD METAL JOIST FORMS OR PANS O'F SUITABLE GAUGES TRUE TO SHAPES PROPERLY SPACED _ AND SUPPORTED' AGAINST DEFORMATIONS AND.TN.IS SHALL: APPLY ALSO TO FLAT SLAB -- - . -FLOORS AND ROOFS p -OR TO COLUMNS AND COLUMNS CAPITALS. IN FLAT SLAB CONSTRUCTION - _IF SUITABLY MADE, ST- IFFENED AND BRACED _. AGAINST DEFORMATION AND APPROVED BY.THE`. INSPECTING AGENCY. METAL FORMS, IN GENERALS SHALL BE OILED WITH NON-STAINING OIL BRUSHED ON TO A THIN COATING. IF OILING OF FORMS IS -DONE PRIOR-TO ERECTIONS TOUCHING UP - - - _ - WITH OIL MAY.BECOME NECESSARY - AND - -THIS SHALL -'B EACCOMPLISHED GENERALLY BEFORE _ - .REINFORCEMENT STEEL. -IS PLACED.. WHERE TOUCHING UP IS REQUIRED AFTER PLACEMENT- - OF REINFORCEMENT STEED CARE SHALL BE TAKEN TO .- PROTECT THE STEEL REINFORCEMENT - - - -. \ FROM BEING TOUCHED OR SPATTERED WITH OIL.. REINFORCEMENT STEEL STEEL SPATTERED. WITH -- - 8 -63 is S29 s OIL OR GREASE SHALL BE THOROUGHLY CLEANED TO THE SATISFACTION OF THE INSPECT- . ING'AGENCY BEFORE ANY CONCRETE IS PLACED. 9. INSPECTING AGENCY APPROVAL: BEFORE THE PLACEMENT OF ANY CONCRETE IN FORMS, THE FORMS AND THE FORMWORKS INCLUDING ALL SHORING AND BRACINGO SHALL HAVE THE APPROVAL OF THE INSPECTING NC AGENC Yp AND ANY PART OR PARTS HE CONSIO- ERS UNSATISFACTORY SHALL BE MADE GOOD TO HIS SATISFACTION. HOWEVER, THE RESPONSIBILITY FOR THE SATISFACTORY COMPLETION OF ALL CONCRETE WORK SHALL BE SOLELY THAT OF THE CONTRACTORS AND.ANY AND ALL CONCRETE WORK FOUND UNSA'TIS- FACTORY SHALL.BE MADE GOOD BY THE CONTRACTOR AT HIS OWN EXPENSE AND TO THE ' SATISFACTION OF THE INSPECTING AGENCY.. 10. DEFINITICNS: REFERENCES To FINISHED CONCRETE SURFACES SHALL MEAN CON - .. CRETE SURFACES DESIGNED FOR ARCHITECTURAL EFFECT TO BE LEFT NOT OTHERWISE :TREATED OR ,SURFACED EXCEPT. FOR A COAT OR COATS OF PAINTS IF SUCH PAINTING IS SPECIFIED; OR TO ALL SURFACES, UNLESS OTHERWISE DEFINED, THAT ARE FORMED BY . THE USE OF WASTE, MOULDSo OR FORMED BY THE USE OF METAL OR WOOD FOR ARCHI- TECTURAL TREATMENT OF CONCRETE STRUCTURE. ,. REFERENCE TO UNFINISHED CONCRETE SURFACES SHALL MEAN CONCRETE SURFACES „ WHERE ARCHITECTURAL EFFECT IS DEEMED NOT ESPECIALLY IMPORTANT, AND WHERE THE CONCRETE SURFACE IS TO BE COVERED OR HIDDEN BY ANOTHER TYPE OF CONSTRUCTION., IN ALL CASES WHERE THE FINISH OF THE CONCRETE SURFACE IS NOT CLEARLY SPECIFIED OR MADE KNOWN, THE CONTRACTOR SHALL CONSULT WITH THE INSPECTING,. . i; AGENCY. TO OBTAIN CLARIFICATION BEFORE THE FORMS AND FORMWORK IS BEGUN. 11. SHORING FOR FORMWORK: ALL SHORING OR SUPPORTS FOR BEAMS, SLABS LIN- F TELSP STAIRS AND OTHER MEMBERS REQUIRING SUPPORT FOR THE FORMS, SHALL BE DES- I - IGNED FOR THE LOADS TO BE SUSTAINED AND 'TO PREVENT "DEFORMATION OF THE CON -, .CRETE MEMBER BEING CONSTRUCTED. RIGIDITY OF ALL SHORING IS ESSENTIAL. No. RELIANCE' SHALL BE PLACED ON OBTAINING PARTIAL SUPPORT FROM CONCRETE THAT HAS . NOT .HADA SET OF AT LEAST SEVEN (7) DAYS,.AND THEN ONLY AFTER ,A SEVEN (7) DAY.. .. . SET CONCRETE. HOWEVER, NO SHORING SHALL BE REMOVED UNTIL THE CONCRETE IT SUPPORTS SHALL HAVE HAD A SET OF NOT LESS THAN-TWENTY-EIGHT (28) DAYS SEE SECTION 23 -23. SHORING SUPPORTED ON THE 'GROUND SHALL BE BUILT WITH SUITABLE BASES TO PROPERLY DISTRIBUTE, THE LOADS TO BE CARRIEDS INCLUDING THE WEIGHT OF THE SHOR- ING AND FORMWORK, AND SO AS TO EFFECT NO SETTLEMENT OF THE .SHORING. IN ADDITION THERETO ALL POSTS. , COLUMNS AND THE LIKE SHALL BE SUITABLY. 'TIED AND STRUTTED AT THE BOTTOM TO THE BOTTOM OF OTHER POSTS AND COLUMNS OR .. .. ELSEWHERE TO PREVENT DISPLACEMENT. CROSS - BRACING SHALL ALSO BE RESORTED TO . WHERE NECESSARY TO PREVENT.. SIDE SWAY AND DISPLACEMENT OF BOTH FORMWORK AND ' .,SHORING AND TO GIVE RIGIDITY THERETO. DETAILED: DRAWINGS GIVING DESI_CN LOADS AND STRESSES FOR ALL MEMBERS OF - - THE SHORING AS WELL AS THE MANNER. OF - BUILDING OR CONSTRUCTING THE SHORING IN- . CLUDING JOINT DETAILS AND THE METHOD. OF DISTRIBUTING THE LOADS TO THE ,GROUND - . -, OR OTHER SUPPORTS SHALL BE SUBMITTED IN TRIPLICATE TO THE INSPECTING AGENCY - - FOR HIS APPROVAL BEFORE CONSTRUCTION OF. CONCRETE WORK IS BEGUN. HOWEY ERA THE CONTRACTOR SHALL ASSUME FULL RESPONSIBILITY FOR THE SATISFACTORY _ CONSTRUC -, _ TION., SAFETY AND OPERATION OF THE SHORING AND FORMWORKS AND ANY AND ALL DAM - AGE TO THE CONCRETE WORK, DUE TO SETTLEMENT, DISPLACEMENT, DEFORMATION AND ANY AND ALL OT -HER CAUSES, SHALL BE MADE GOOD TO THE SATISFACTION OF THE INSPECTING- - AGENCY AND AT THE EXPENSE OF THE „CONTRACTOR.- -- -. ALL SHORING AND FORMWORK SHALL BE DESIGNED ALSO TO .RESIST WINO AND EARTH -' QUAKE WAND INDEPENDENT'. MEMBERS O:R. PARTS DESIGNED TO RECEIVE SUPPORT TO BE .. CONSTRUCTED LATER SMALL BE - SUITABLY BRACED AND THE "BRACING MAINTAINED,UNTIL 8 -63 S30 THE DESIGNED SUPPORT IS INSTALLED AND MADE S'ECUR'E.. I2. ERECTION OF.FORMWORK: ALL EDGES OR CORNERS. OF BEAMS, LINTELS, COLUMNS, -. POSTS, STRINGERS, GIRDERS, ETC., WHETHER INTERIOR OR "EXTERIOR EDGES OR COR -.,- - -. NERS,,SMALL DE CONSTRUCTED WITH CHAMFERS ONE (I) INCH, IN GENERAL, ON"THE - - FACE OF THE CHAMFER, UNLESS OTHERWISE SPECIFIED IN THE SPECIAL PROVISIONS. OR - ,SHOWN ON THE PLANS, -. .FORMWORK TO RECEIVE CONCRETE SHALL NOT BE CONSTRUCTED TOO FAR IN AD= - VANCE OF POURING-OPERATIONS. THE CRITERION SHALL BE THAT AS SOON AS THE FORMWORK FOR ANY ONE POUR OR RUN IS COMPLETED, INSPECTED AND APPROVE, THE POURING OPERATIONS SHALL BE"BEGUN AND CONTINUED WITH UNTIL THAT ONE"POUR OR. ' - -' RUN IS COMPLETE. THE BUILDING AND ERECTION Or FORMS SHALL DE SUCH THAT STRIP- _ - PING MAY BE ACCOMPLISHED WITHOUT, DAMAGE TO THE CONCRETE SURFACES AND CONCRETE - .. - DETAILS* . THE ERECTION- OF FORMWORK SHALL CONTINUE PROGRESSIVELY AS FAR AS POSSIBLE, -- OR UNLESS, FOR PURPOSES PECULIAR TO THE WORK BEING DONE, THE-INSPECTING AGENCY - - - MAY DIRECT'A - CERTAIN AMOUNT OF INTERMITTANCY.., HOWEVER, BEFORE ANY FORMWORK IS - 'BEGUN, THE CONTRACTOR SHALL CONSULT WITH THE INSPECTING AGENCY TO DETERMINE -TNE' - REQUIRED POURING PROCEDURE, UNLESS THE REQUIREMENTS FOR THESE OPERATIONS SHALL . - HAVE BEEN SPECIFIED OR DULY SET FORTH. - - - WHERE JOINTS IN THE FORMWORK MAY BE CONSIDERED BY THE .INSPECTING AGENCY �! - AS BEING TOO WIDE OR CONDUCIVE TO THE ESCAPE'OF MORTAR, OR WHERE DAMAGE TO THE ! - -. SURFACE OF THE FORM DURING CONSTRUCTION OR ERECTION MAY HAVE OCCURRED, OR FOR - - _ OTHER CAUSES, AN UNDESIRED MARRING OF'THE SURFACE OF THE CONCRETE MAY RESULTO I•. - THE INSPECTING AGENCY MAY REQUIRE THE USE.OF CASTING PLASTER OR CEMENT TO . - - CORRECT THE IMPERFECTION. CASTING PLASTER OR CEMENT MAY BE REQUIRED FOR USE _ Y FOR KNOT -HOLES WHERE THE USE OF TIN::OR FLAT SHEET METAL WOULD BE UNDESIRABLE. APPROVED METAL COLUMN CLAMPS MAY BE USED IN LIEU OF WOOD CLAMPS AND - `! . BOLTS SHOULD THE CONTRACTOR SO DESIRE.. THE CONTRACTOR IS REFERRED TO SECTION 23 -01 FOR OTHER REQUIREMENTS . PER- - - TAINING TO THE ERECTION.-OF FORMS, AND TO OTHER REQUIREMENTS *OF THIS SECTION'- - - - - AND THESE SPECIFICATIONS. " i. 13. REMOVAL OF FORMS: THE CONTRACTOR SHALL EXERCISE EVERY CARE DURING STRIPPING OPERATIONS 70 PREVENT DAMAGE TO CONCRETE MOULDS, CORNERS, SURFACES,- - - OR ORNAMENTAL DETAILS. ROUGH HANDLING AND DROPPING OF FORMS AND FORMWORK SHALL BE AVOIDED. UNLESS OTHERWISE SANCTIONED BY THE INSPECTING AGENCY, THE STRIP- -' } " - PING OF FORMS SHALL BE COMMENCED ONLY AFTER THE LAPSE OF THE FOLLOWING NUMBER OF DAYS FROM THE COMPLETION OF POURING OPERATIONSy AND THEN ONLY AFTER DUE PRE- _ - 'CAUTIONS HAVE BEEN TAKEN TO GUARD THE CONCRETE MEMBER OR PART FROM.DAMAGE DUE' - TO OTHER CONSTRUCTION PROCESSES, OR FROM WIND AND EARTHQUAKE. - -- FOR WALLS AND OTHER VERTICAL SURFACES _ _4 DAYS. - - FOR THE SIDES OF BEAMS, GIRDERS, STRINGERS, BUTTRESSES, PILASTER - •' AND POSTS 4 DAYS " FOR COLUMNS WHEN.THE DEAD LOAD DOES NOT INDUCE "A STRESS IN THE GROSS COLUMN. -- - SECTION EXCEEDING 400 POUNDS PER. SQUARE INCH, % DAYS - -; FOR COLUMNS WHEN THE DEAD LOAD INDUCES A STRESS IN THE GROSS COLUMN -- SECTION EXCEEDING 400 POUNDS' PER SQUARE "INCH, 1$ DAYS FOR THE SUPPORTS FOR BEAMS, GIRDERS, JOISTS,*SLABS$* STAIRS AND OTHER - ENS 0 INCLUDING COLUMNS, SUBJECTED TO DEFINITE'BENDING STRESSES 28 DAYS - ,MEMB ... .. OR UNTIL - " DESIGN STRENGTH . IS DEVEL- OPED. '. 8 -63 $ 31 I SECTION 25 PORTLAND CEMENT CONCRETE CONSTRUCTION: T. GENERAL: THIS SECTION PERTAINS SPECIFICALLY TO THE POURING OR PLACING AND CURING OF.CONCRETE. OTHER SECTI DNS THAT SHOULD BE USED IN CONJUNCTION WI.TH THIS SECTION ARE 'SECTION `27 "REINFORCING ST£EL110 SECTION 23 - "PORT- , LAND CEMENTCONCRETE'', SECTION 24 - !FORMS FOR CONCRETE". IN CASE OF DIS= CREPANCY BETWEEN THIS SECTI ON' AND THE PLANS OR SPECIAL PROVISIONS# THE PLANS OR SPECIAL PROVISIONS WILL TAKE PRECEDENCE. CONSTRUCTION SHALL BE IN ACCORDANCE WITH THESE SPECIFICATIONS AND WITH SECTI ON 51 OF THE STATE STANDARD SPECIFICATI OHS. 2. POURING CONCRETE:" THE METHOD OF PLACING CR POURING CONCRETE ADOPTED BY THE 0NTRACTOR SHALL BE SUBJECT TO THE APPROVAL OF THE INSPECTING AGENCY,.. AND SHALL BE BASED UPON MAINTAINING THE PHYSICAL MIXTURE OBTAINED IN THE MIX- ING MACHINE OR MIXER. THE USE OF ANY METHOD or POURING WMI CH PERMITS UN- WARRANTED SEGREGATION OF THE MIX WILL NOT BE PERMITTED. LOCATIONS OR PARTS OF THE STRUCTURE WHERE THE HEIGHT OF THE FALL OF PLASTIC CONCRETE EXCEEDS SIX (6) FEET MAY BE REQUIRED BY THE INSPECTI.NG AGENCY TO BE POURED BY THE USE OF AN APPROVED TREMIE. PLACING CONCRETE BY PUMPING (PUMPCRETE) SHALL NOT BE USED WITHOUT THE WRITTEN SANCTION OF THE INSPECTING AGENCY. NO GIRDER# BEAM, JOISTS SLAB, OR OTHER CONCRETE. MEMBER OR PART WHICH IS SUPPORTED IN A COLUMN OR A WALL OR OTHER SUPPORTING MEMBER OR PART SHALL BE POURED PRIOR TO, POURING THE SUPPORTS AND ALL COLUMNS AND WALLS AFFORDING SUCH SUPPORT: SHALL BE FULLY POURED.AND THE CONCRETE ALLOWED TO SETTLE FOR NOT LESS' THAN TWO (2) HOURS BEFORE. THE WORK OF POURING SUPPORTED MEMBERS OF PARTS IS .. BEGUN. CARE SHALL BE TAKEN IN POURING A MEMBER HAVING STEEL REINFORCEMENT TO INSURE THE COMPLETE EMBEDMENT OF THE REINFORCEMENT.. ALL CONCRETE SHALL 'BE THOROUGHLY COMPACTED BY, SUITABLE , MEANS' DURING THE OPERATION. OF PLACING# AND .SHALL BE THOROUGHLY WORKED AROUND REINFORCEMENT/ EMBEDDED FIXTURES AND INTO. THE CORNERS OF THE FORMS. JOIST AND SLABS OR OTHER 'rr" -REAM CONSTRUCTION SHALL BE POURED, INTEGRALLY OR AS A WHOLES AND THIS APPLIES WITH EQUAL FORCE AND EFFECT TO THE POURING OF GIRDERS AND COLUMNS. THE STOPPING OF POURS AND THE LOCATION, AND PLACEMENT OF CONSTRUCTION JOINTS. SHALL NOT BE MADE WITHOUT THE APPROVAL OF THE INSPECTING AGENCY.' IN THE ABSENCE OF DEFINITE AND SP ECIFI ED INSTRUCTIONS RELATIVE TO THE SEQUENCE OF POURING OPERATIONS# THE CONTRACTOR SHALL OBTAIN THE APPROVAL' OF THE INSPECTING AGENCY PREPARATORY TO BEGINNING THE POURING, AND IN EVENT OF UNFORESEEN CIRCUMSTANCES INTERRUPTING THE POURING OF 'A MEMBER OF PART REQUIR- ED TO BE POURED INTEGRALLY, IMMEDIATE RECOURSE SHALL BE TAKEN 'TO CORRECT THE INTERRUPTION., TO PREVENT INJURY TO THE STRUCTURE AS A RESULT OF SUCH INTER- RUPTIONS, THE CONTRACTOR SHALL MAINTAIN ON THE SITE, IN GOOD WORKING CONDI- TION, AN AUXILLARY CONCRETE MIXER, OF NOT LESS THAN ONE -CUBIC YARD CAPACITY. AND SUFFICIENT CEMENT AND AGGREGATE PROPERLY, STORED AND PROTECTED AGAINST DETERIORATION AND CONTAMINATIONS WHICH SHALL•BE USED BY THE 'CONTRACTOR WHEN AND AS'THE INSPECTING AGENCY DIRECTS.. ' SHOULD THE CONTRACTOR FAIL TO CONTINUE POURING, OPERATIONS AS A RESULT OF ANY INTERRUPTION OR FROM INADEQUACY OF HIS PLANT OR. INSUFFICIENCY OF LABOR' OR NEGLECT ARISING-FROM, ANY CAUSE:. THE,INSPECTING AGENCY MAY ORDER THE WORK STOPPED, PARTIALLY POURED. CONCRETE REMOVED, 'STEEL REINFORCEMENT AND FORMS CLEANED AND REPREPARED AND THE WORK OF POURING NOT BEGUN 'AGAIN UNTIL ALL .. C,ORRECTI,ONS HAVE BEEN MADE, AND PROPER POURING PROCEDURES..ESTABLI SHED. THE CONTRACTOR SHALL CONDUCT HIS POURING OPE RATIONS IN SUCH A WAY AS TO M . AINTAIN INTACT THE ASSIGNED POSITION OF ALL FORMS,' FORMWORKS SHORING, AND 0 -63 $ 33 STEEL REINFORCEMENT. AND ANY AND ALL DISPLACEMENTS OF FORMS, FORMWORK, SNOR- ING AND STEEL REINFORCEMENT ,DUE TO CARELESS AND IMPROPER POURING SHALL BE MADE GOOD AT HIS EXPENSE. 3. RATE OF POURING: THE RATE OF, SPEED IN WHICH CONCRETE IS POURED SHALL DE- PEND UPON THE CHARACTER AND PURPOSE OF THE MEMBER OR ITS USE IN THE STRUCTURES THE SUFFICIENCY OF THE CONTRACTOR'S CREW, THE NUMBER OF VIBRATIONS OR TAMPERS HE PROVIDES, AND THE EXPERTNESS OF HIS FOREMAN AND WORKMENp AS WELL AS THE DESIGNED ABILITY OF HIS FORMS TO WITHSTAND RAPID POURING. HOWEVER., THE RATE OF POURING SHALL BE SUCH AS TO INSURE PROPER VIBRATION OR TAMPING OF THE PLAS- TIC CONCRETE�AND EMBEDMENT OF STEEL REINFORCEMENT• 4. MASS CONCRETE: UNREINFORCED CONCRETE OR WHERE THE CONCRETE IS ONLY SPARSELY REINFORCED AND IN BLOCKS NOT LESS THAN THREE (3) FEET IN THICKNESS,� THREE (3) FEET IN DEPTH ANO.TH REE.(3) FEET IN LENGTH SHALL BE CALLED MASS CON - CRETE. . THE CLASS OF CONCRETE FOR THIS TYPE OF CONSTRUCTION SHALL RE SPECIFIED, .EXCEPT THAT, WITH THE APPROVAL OF THE INSPECTI NG AGENCY p THE CONTRACTOR MAY USE CLEAN, UNFRACTURED, DURABLE COBBLES, WELL DISTRIBUTED IN THE MASS, PROVID- ED ALL COBBLES WILL PASS A SIX (6) INCH. RING AND BE RETAINED ON THE MACHINE, MIXED CONCRETE. COBBLES SHALL BE OF A ROCK -TYPE HAVING THE APPROVAL OF THE INSPECTING AGENCY, AND BEFORE.USING IN THE CONCRETE THEY SHALL THOROUGHLY BE DRENCHED WITH FRESH WATER. MASS CONCRETE MAY BE PLACED IN THE SAME MANNER AS OTHER CONCRETE, BUT IN. . CASE OF UNUSUALLY LARGE VOLUMES OR MASSES THE USE 'OF BOTTOM -DUMP BUCKETS WILL BE REQUIRED. 5. CONUETE BLOCKS FOR SPACING REINFORCEMENTS: CONCRETE BLOCKS OF A DEPTH SUITABLE TO THE CLEARANCE REQUIREMENTS FOR THE-STEEL REINFORCEMENT SHALL BE OF THE SAME CONSISTENCY AND .MIX AS THE MEMBER IN WHICH THEY WILL BE USED. THE 'WIDTH OF THE BLOCKS SMALL NOT EXCEED TWO (2% INCHES NOR THE LENGTH EXCEED TWICE THE WIDTH. BLOCKS SHALL BE BUILT WITH A SLIGHT .BEVEL ON EACH SIDE OF THE DEPTH AND BE PLACED WITH THE GREATER ADJACENT TO THE STEEL REINFORCEMENT. 6. LICHTWEIGHT CONCRETE: LIGHTWEIGHT CONCRETE WHERE SPECIFIED SHALL BE COM- POSED.OF A MIXTURE OF PORTLAND CEMENT, EITHER PUMICE AND/OR BURNT CLAY AGGRE- GATES AND FRESH WATER, GRADEDO.MIXED, AND TESTED IN ACCORDANCE WITH THE STAN . DARD SPECIFICATIONS FOR LIGHTWEIGHT AGGREGATES FOR CONCRETE OF THE AMERICAN SOCIETY FOR.TESTING MATERIALS, DESIGNATION IICII -130. THE RESULTING CONCRETE SHALL BE PLASTIC AND WORKABLE AND A SMALL AMOUNT OF SAND IS PERMISSABLE TO .. EFFECT THESE QUALITIES. COMPRESSIVE STRENGTH SHALL BE DETERMINED IN ACCORDANCE WITH THE STANDARD METHOD OF THE A.S.T.M.S DESIGNATION IICII -39. THE ULTIMATIVE COMPRESSIVE ; STRENGTH SHALL NOT BE LESS THAN TWENTY-ONE 'HUNDRED (2,100) POUNDS PER SQUARE F INCH. THE TIME OF MIXING FOR LIGHTWEIGHT CONCRETE.SHALL BE NOT LESS THAN THREE (3) MINUTES, AND THE PROPORTIONS OF CEMENTS AGGREGATE AND WATER SHALL BE DE- TERMINED BY LABORATORY TESTS$ AS SPECIFIED BY THE INSPECTING AGENCY. THE USE OF CINDERS OR COKE BREEZE FOR AGGREGATE IS NOT PERMISSABLE. %. POROUS CONCRETE: POROUS CONCRETE WHERE SPECIFIED SHALL BE COMPOSED OF N ONE PART PORTLAND CEMENT TO FIVE PARTS..PEA'GRAVEL. THE PEA GRAVEL SHALL PASS .,,A STANDARD THREE- EIGHTRS ".(3/6):OF AN INCH SQUARE MESH SCREEN AND BE RETAINED ..8 -63 . .S 34 i .O N.A STANDARD THREE - SIXTEENTH (3/16) OF, AN INCH SQUARE MESH SCREEN# OR THEIR EQUIVALENTS IN CIRCULAR MESH, THE . SCREEN OF THE AGGREGATE SHALL BE ACCOM- PLISHED WITH CARE TO INSURE GREAT UNIFORMITY IN GRADING BETWEEN THE TWO SIZES#- . AND TO INSURE AGAINST TOO HIGH A PORPORTION OF FINE$ TENDING TO REDUCE THE EFFECTIVE POROSITY. THE MIX SHALL BE PROPORTIONED BY WEIGHT,' USING NINETY-FOUR (94) POUNDS OF PORTLAND CEMENT TO FOUR HUNDRED SEVENTY (470) POUNDS SCREENED AND CLEAN PEA GRAVEL. THE PROPER AMOUNT OF FRESH WATER USED .1N MIXING SMALL BE DETERMINED BY . - TESTS MADE AT THE LABORATORY SPECIFIED BY THE INSPECTING AGENCY., AND SHALL# IN GENERAL, BE LI'MITED.TO A WATER - CEMENT RAT16 OF APPROXIMATELY 0,33 BY WEIGHT. APPROXIMATELY SEVENTY -FIVE (75) F'ER CENT'OFTHE GRAVEL AND THE WATER .� SHALL BE PLACED FIRST IN THE MIXER AND REVOLVED FOR ABOUT ONE MINUTE# AFTER . WHICH. THE CEMENT SHALL BE ADDED #.THEN FOLLOWED.WITH THE REMAINDER OF THE GRAVEL AND WAT.ER. .. CARE SHALL BE EXERCISED TO AVOID EXC.ESS TAMPING WHEN POROUS CONCRETE IS . BEING PLACED #'AS POROSITY CAN IN THIS WAY BE GREATLY REDUCED. AS SOON AS THE CONCRETE HARDENS SUFFICIENTLY SO THAT NO CEMENT CAN BE WASHED AWAY, IT SHALL BE SPRINKLED WITH FRESH WATER AND KEPT MOIST FOR.NOT, LESS THAN FOURTEEN (14) DAYS. THE INSPECTING AGENCY MAY COLLECT SAMPLES OF THE MIX AS DESCRIBED UNDER SUB- SECTION 22 -07 (D) AND. AFTER PROPER CURING, WILL SUBJECT THEM TO COMPRESS- IVE AND POROSITY TESTS. THESE SHALL SHOW NOT LESS THAN ONE THOUSAND (1 #000):. POUNDS PER SQUARE INCH AT SEVEN (7) DAYS FOR COMPRESSIVE STRENGTH, AND A POROSITY :AT SEVEN (7) DAYS.. NOT LESS THAN SEVEN.(7), GALLONS OF WATER PER.MIN .. UTE THROUGH A TWELVE.(12) INCH DEPTH OF CONCRETE WITH A MAINTAINED HEAD OF WATER ABOVE THE TOP OF THE CONCRETE EQUAL TO FOUR (4) INCHES. 8. NAILING CONCRETE:; CONCRETE •NAILING BLOCKS, WMERE`REQUIREO# SHALL. BE COMr POSED OF EQUAL PARTS OF PORTLAND CEMENT, AND CLEAN, WELL GRADED SAND. AND ONE AND ONE -HALF (I1) PARTS OF SUGAR OR . VIMITE'.PINE . SAWDUST. MIXED WITH WATER TO A, ..SLUMP NOT IN EXCESS OF TWO (2) INCHES, AND CURED WITH WATER FOR THREE (3)l DAYS AFTER SETTING. M THE SAWDUST SHALL PASS A STANDARD AGGREGATE SCREEN OF ONE- QUARTER INCH SQUARE MESH AND BERETAINED ON,A N0. 14 STANDARD SCREEN. WHEN.SAWDUST FROM SUGAR PINE OR WHITE PINE IS NOT AVAILABLE# OTHER SAWDUST MAY BE USED, PROV I.DED ITS USE IS NOT DETRIMENTAL TO THE SETTING OF THE MIX NOR TO NAILING .- QUALITY AND IS STRONGLY RESISTANT TO THE WITHDRAWAL OF NAILS. 9. GUNITE: PNEUMATICALLY" P LAC ED. CONCRETE OR GUNITE SHALL BE COMPOSED OF A MIXTURE OF ONE PART PORTLAND CEMENT TO FOUR AND ONE -HALF (42 PARTS OF CLEAN# WELL GRADED SAND., BY.VOLUME # THE' MO.ISTURE CONTENT BEING LIMITED .TO' NOT LESS THAN,THREE (3) PER CENT BY WEIGHT, AND NOT EXCEEDING FIVE (5) PER CENT AND SHALL BE FRESH WATER. THE SIZE GRADING OF SAND SHALL BE SUBSTAN- TIALLY AS FOLLOWS: STANDARD SCREEN NUMBER CUMULATIVE PERCENT RETAINED - 4 0 8 12 14 29 28 60 . 48 90 100 98 THE FINENESS MODULUS FOR AG GREGATE:,SH ALL NOT B LESS TH AN. 2, 60 NOR MORE THAN 3:10, 8-63 S35 'THE MATERIAL FOR GUNITE SHALL BE MEASURED ACCURATELY BEFORE BEING PLACED IN THE MIXER AND THEN MIXED CONTINUOUSLY FOR AT LEAST ONE AND ONE -HALF (11 MINUTES. GUNITE SHALL BE MIXED IN APPROVED BATCH MIXER, AND ALL GUNITE MIXED SHALL BE USED IN NOT TO EXCEED FORTY -FIVE (45) MINUTES. THE WATER - CEMENT .RATIO OF THE PLACE MIXO IN GENERALS SHALL BE BETWEEN 0.54. AND 0.57. IN PLACING GUNITE THE MIXED MATERIAL SHALL BE DELIVERED AT THE NOZZLE IN ' A CONSTANT AND STEADY STREAK AT A VELOCITY OF BETWEEN THREE HUNDRED SEVENTY- FIVE (375) AND FIVE HUNDRED (500) FEET PER SECOND. WHEN, FOR ANY CAUSES THE STEADY FLOW IS INTERRUPTED, THE NOZZLE SHALL BE TURNED AWAY FRDM THE WORK .UN- . Tit THE STEADY FLOW IS RECOVERED., GUNITE DEPOSITED ON VERTICAL SURFACES SHALL BE APPLIED AS NEAR AS PRAC- TICABLE AT RIGHT ANGLES TO THE SURFACE. ALL REBOUND SHALL BE 'REMOVED AS THE WORK PROGRESS ES, AND ANY REBOUND POCKETS OR OTHER POOR GUNITE SHALL BE IMMEDIATELY CUT OUT AND REPLACED WITH FRESH GUNI T.E. ONLY SKILLED OPERATORS SHALL BE USED AT THE GUN AND AT THE NOZZLES AND NO DISCHARGED OR UNUSED GUNITE SHALL BE RETURNED TO THE MIXER FOR RE-USE. CEMENT GUNS USED BY THE. CONTRACTOR SHALL BE IN FIRST CLASS CONDITIONO AND OF A CAPACITY SUITABLE TO THE WORK. CEMENT GUNS, HOSEV NOZZLES SHALL BE MAI NTAINEO IN PROPER WORKING CONDITION AND ANY SUCH EQUIPMENTV INCLUDING THE AIR COMPRESSOR, FOUND UNFITTED OR UNABLE TO FUNCTION PROPERLY SHALL BE REMOVED FROM THE SITE AND REPLACED WITH SUITABLE EQUIPMENT. GUNITE WHERE THE THICKNESS 13, SPECIFIED TO BE MORE THAN ONE (L) INCH SHALL BE BUILT UP IN LAYERS,' EACH SUCCEEDING LAYER PLACED BEFORE THE PRECED- ING LAYER HAS SET. 10... VIBRATING CONCRETE:, . A PLACING: CONCRETE SMALL BE PLACED LN LAYERS NOT OVER EIGHTEEN (IH) INCHES DEEP AND EACH LAYER SHALL BE VIBRATED INTO PLACE BY METHODS WHICH 'WI LL NOT PERMIT THE INGREDIENTS TO SEPARATE. SURFACES SHALL BE SMOOTH AND FREE FROM VOIDS CAUSED BY STONE POCKETS. WHERE NECESSARY: VIBRATION SHALL BE SUPPLEMENTED BY HAND SPADING TO SEC.URE THESE :RESULTS. (B) TYPE OF VIBRATORS: FORM VIBRATORS SHALL BE USED WHEN SECTIONS ARE . TOO SMALL FOR THE INTERNAL TYPE. INTERNAL VIBRATO RS SHALL 8E U$.EO IN ALL SECTIONS WHICH ARE SUFFICIETJTLY LARGE AND SHALL BE SUPPLEMENTED BY PLATFORM OR $CREED TYPE VIBRATORS IN THE .EV ENT THAT SATISFACTORY SURFACES. CANNOT BE OBTAINED WITH INTERNAL TYPE ALONE. - �C� NUMB ER AND SIZE OF 'VIDRA TORS: VIB RA70 R5 SMALL BE STURDY CONSTRUC- TION, ADEQUATELY POWERED AND CAPABLE OF TRANSMi TTI NG TO THE CONCRETE NOT LESS THAN THIRTY -FIVE HUNDRED (3,500) IMPULSES PER MINUTE. THE V13RATION SHALL BE -.SUF F I C I E NTLY INTENSE TO CAUSE.THE - CONCRETE TO FLOW OR SETTLE READILY INTO . PLACE AND TO VISIBLY AFFECT THE CONCRETE OVER A RADIUS OF AT LEAST EIGHTEEN - - - (13j .INCHES WHEN USED IN CONCRETE HAVING ONE,�Ij INCH SLUMP. • A SUFFICIENT NUMBER OF VIBRATORS SHALL BE.EMPLOYED SO THAT AT THE REQUIR- ED RATE OF PLACEMENT VIBRATION'THROUGHOUT THE ENTIRE VOLUME OF EACH LAYER CON- ' 'CRETE ANO,COMPLETE COMPACTION ARE SECURED. AT LEAST ONE EXTRA VIBRATOR SHALL BE ON HAND FOR EMERGENCY USE. - - - (D) MANIPULATION . OF VIBRATION: FORM - VIBRATORS -SHALL BE ATTACHED TO OR - -HELD ON THE FORMS IN SUCH A MANNER- AS EFFICIENT -LY TRANSMIT THE VIBRATION . TO THE CONCRETE AND SHALL. -BE RAISED IN LIFTS AS- FILLI -NG OF THE FORM PROCEEDS., EACH LIFT BEING NOT MORE THAN'THE HEIGHT OF CONCRETE. VISIBLY AFFECTED BY THE . VIBRATI.ON. THEY SHA'LL'BE PLACED HORI- ZONTALLY AT .DISTANCES NOT GREATER - APART: THAN THE RADIUS THROUGH WHICH THE CONCRETE IS VISIBLY. AFFECTED. - INTERNAL VIBRATORS SHALL BE MOVED ABOUT IN THE CONCRETE AND SHALL BE APP - LIED.AT POINTS UNIFORMLY SPACED NOT FURTHER APART THAN TH E. RADIUS OVER WHICH S -b3. I S36 THE VIBRATOR IS VISIBLY EFFECTIVE. THEY SHALL BE APPLIED CLOSE ENOUGH TO THE FORMS TO EFFECTIVELY VIBRATE THE SURFACE CONCRETE. WITH FORM OR INTERNAL VIBRATORS, THE VIBRATION SHALL RE SUCH THAT THE CONCRETE BECOMES UNIFORMLY PLASTIC.AND.THERE SHALL BE AT LEAST TWENTY (20) SECONDS V13RATION PER SQUARE FOOT OF SURFACE, COMPUTED ON THE, BASIS OF THE - ::VISIBLY AFFECTED RADIUS' AND TAKING OVERLAPPING INTO CONSIDERATION. SURFACE SHALL BE APPLIED ONLY LONG ENOUGH TO EMBED THE COARSE AGGREGATE AND BRING ENOUGH MORTAR TO THE SURFACE FOR SATISFACTORY FINISHING. VIBRATION SHALL NOT BE. CONTINUED, IN ANY ONE SPOT TO THE EXTENT THAT POOLS OF GROUT ARE FORMED. CARE SHALL BE TAKEN TO AVOID ANY BUT SLIGHT Of STURBANCE OF. CONCRETE WHICH HAS - BECOME TOO STIFF TO REGAIN PLASTICITY WHEN VIBRATED. - VIBRATION SHALL NOT BE APPLIED DIRECTLY TO STEEL WHICH EXTENDS INTO PARTIALLY .'HARDENED CONCRETE. _ - (E): ADJUSTMENT OF MIXI TRIAL BATCHES SMALL.BE PLACED FROM WHICH A MIX SHALL BE SELECTED HAVING CEMENT AND WATER CONTENTS WHICH WILL MEET THE SPECI- FICATIONS AND WHICH BECOMES PLASTIC AND COMPACTED UNDER THE CONDITIONS OF PLACEMENT. THE AMOUNT OF WATER AND THE PROPORTION OF MORTAR TO COARSE AGGREGATE_ SHALL AT ALL TIMES BE THE LEAST WHICH WILL PRODUCE UNIFORMLY DENSE CONCRETE FREE FROM AGGREGATE POCKETS OR HONEYCOMB. IF EXCESSIVE FREE WATER IS BROUGHT TO THE SURFACE, THIS SHALL BE CORRECTED BY USING LESS WATER, ADJUSTING THE PROPORTIONS. OF AGGREGATES OR SY INCREASING THE, PROPORTION OF FINE PARTICLES: PASSING -THE FIFTY (50.) AND ONE HUNDRED (IO.0) MESH SIEVES. 11. WALLS: 14HEN POURING PLASTIC CONCRETE 1.11. WALL FORMS THE DEPOSITED CON -. CRETE SHALL. BE BUILT IN HORIZONTAL LAYERS. THE CONTRACTOR SHALL ANTICIPATE _ THE EXTENT OF HIS POURSO AND, WHERE NECESSARY AND AS SANCTIONED BY THE INSPECTING AGENCY; CONSTRUCT. VERTI. CAL BULK - HEADS TO LIMIT THE EXTENT OR RUN OF THE POUR. - - BULKHEADS, WHERE BUILT SHALL BE CONSIDERED- AS CONSTRUCTION JOINTS, AND BE ERECTED WITH KEYS OR FOLLOW THE DETAILS -FOR CONSTRUCTION JOINTS -WHEN SHOWN _ ON THE DRAWINGS. - - - - 12: CEM ENT GROUT: WHEN SPECIFIED OR REQUIRED TO RESIST BEARING, GROUT SHALL` BE COMPOSED OF ONE PART STANDARD .PORTLAND CEMENT AND TWO PARTS OF CLEAN, WELL GRAD.EO SAND, AND WELL MIXED TO.A CONSISTENCY HAVING A SLUMP NOT EXCEEDING TWO (2) INCHES, HOWEVER THE NIGH EARLY STRENGTH PORTLAND CEMENT IN LIEU OF STAN- DARD - .PORTLAND CEMENT IS PERMISSADLE.. - - GROUT FOR FILLING OF EXPANSION JOINTS AND CONSTRUCTION JOINTS WHERE _ .SPECIFIED OR REQUIRED, SHALL BE COMPOSED OF PORTLAND CEMENT, SCREENED TO PASS A STANDARD ND. 200 SCREEN WITH NOT MORE THAN TWO (2 ).,PER CENT RETAINED TH.ERE- -ON, AND FRESH WATER, WELL MIXED TO .A PASTY CONSISTENCY, AND APPLIED EITHER BY -- '. -HAND OR A - CAULKING -GUN AS THE INSPECTING AGENCY DIRECTS. 13. CURING OF CONCRETE: THE CURING OF CONCRETE IN STRUCTURE SHALL BEGIN AS '.SOON AS TH.E CONCRETE HAS HARDENED, AND SHALL CONTINUE FOR SEVEN (7) DAYS FOR ALL PAP.TS.OF THE STRUCTURE_ EXPOSED TO THE SUN AND CONTINUED FOR FIVE (5) DAYS ,.IN ALL OTHER CASES. - - - - FOR CURING REINFORCED CONCRETE SHEET PILING SEE SECTION I2 75 OF THESE - SPECIFICATIONS. THE METHOD OF CURING SHALL BE THAT OF SPRINKLING WITH FRESH WATER AND OF THE CONCRETE BEING MAINTAINED IN A MOIST CONDITION FDR -THE' - SPECIFIED NUMBER OF M YS.' THE SPRINKLING SHALL BE COMMENCED AND CONTINUED WITH, REGARDLESS OF THE PRESENCE- OF FO RMS, EXCEPT THAT IN SUCH .CASES THE. EX -1 TENOR FACES OF THE FORMS SHALL BE.- SPRINKLED AND MAINTAINED IN A MOIST COND1.- TION. - - - 8 -63 S37 FLOOR SLABS SHALL. BE SPRINKLED AND MAINTAINED IN 'A MOIST CONDITION FOR _ THE SAME SPECIFIED LENGTH OF TIME. HOWEVER, THE CONTRACTOR, MAY, IF HE _ CHOOSES, COVER THE SLAB.WITH TWO (2) INCHES OF SAND AND MAINTAIN THE SAND IN -A MOIST CONDITION, AND THIS SHALL APPLY ALSO TO THE TREADS OF CONCRETE STAIRS_ AND STEPS. WHERE THE TREADS OF CONCRETE STAIRS AND STEPS ARE FINISHED AS POURED, THE TREADS SHALL BE COVERED WITH TIMBER SHEATHING IN ADDITION TO THE REQUIREMENTS FOR CURING, AND THE SHEATHING ON THE TREADS MAINTAINED UNTIL THE JOB IS COM- PLETEO.AND THE STRUCTURE CLEANED UP PREPARATORY.TO TURNING IT OVER TO THE - -_- OWNER.. THE CURING OF CONCRETE IS C- ONSIDERED A NECESSARY PART OF THE CONTRACT, AND ANY FAILURE OF THE CONTRACTOR TO COMPLY WITH THI'S SPECIFICATION MAY COM- PEL THE OWNER TO .HIRE THE WORK OF CURING DONE BY OTHERS AND TO DEDUCT THE COST -FROM ANY MONIES DUE THE CONTRACTOR OR TO BECOME DUE HIM. THE PERIOD OF CURING - GUNITE SHALL BE LIMITED TO-THREE (3.) DAYS FOR.EXPOS- ED WORK AND TWO (2) DAYS FOR UNEXPOSED WORK. _ 14. CONCRETE INSERTS: IT SHALL BE NECESSARY ON THE PART OF THE CONTRACTOR TO EXAMINE THE DRAWINGS AND DETERMINE THE LOCATION OF ALL INSERTS FOR FIXING OR SECURING OF OTHER TYPES OF CONSTRUCTION TO THE CONCRETE, WHETHER OR NOT THE LOCATION AND SPACING OF INSERTS IS DEFINITELY SHOWN OR SPECIFIED. UNTREATED WOOD ENCLOSED IN CONCRETE SHALL NOT BE USED. . CREOSOTEO. WOOD, WHERE STAINING OF, - OTHER AND ATTACHED FORMS OF CONSTRUCTION WOULD OCCUR, SHALL BE COVERED WITH ALUMINUM FOIL PRIOR TO ATTACHMENT. PRESSURE TREATMENT WOOD - - .. USED FOR SUCH PURPOSES IS NOT NECESSARY, BUT WOOD. BLOCKS WEIGHTED AND SUNK FOR A PERIOD OF TWENTY -FOUR (24) HOURS IN CREOSOTE OIL, WOLMAN SALTS, OR CHROMATIC - - - ZINC CHLORIDE, AND PERMITTED TO DRY BEFORE USE, WILL BE CONSIDERED SATISFACTORY. HOWEVER, WHERE GALVANIZED NAILS ARE SPECIFIED, THE USE OF ZINC CHLORIDE IS NOT PERMISSABLE. - - .. IN GENERAL, AND.WHERE THEIR USE ENTERTAINS- NO GREAT DIFFICULTY, AND IN THE ABSENCE OF THEIR BEING SPECIFIED OR REQUIRED, THE USE OF GALVANIZED METAL - - WALL PLUGS WILL BE PERMITTED, OR THE CONTRACTOR MAY USE BLOCKS MADE OF NAILING CONCRETE AS SPECIFIED IN SUB- SECTION 24 -7. HOWEVER, FOR ALL FORMS OF CONCRETE - . INSERTS NOT SPECIFIED OR CALLED FOR SHALL HAVE THE APPROVAL OF THE INSPECTING AGENCY BEFORE USE. BOLTS. AND ANCHORS SHALL BE PLACED CAREFULLY FOR LOCATION AND PROJECTI.ON TO INSURE THE PROPER ATTACHMENT FOR OTHER TYPES OR FORMS OF CONSTRU.CTION.- ' STRUCTURAL STEEL ENCASED IN CONCRETE SHALL BE MADE CLEAN AND FREE OF OIL, GREASE AND RUST SCALE OP. OTHER SUBSTANCE INTERFERING WITH THE ADHESION OF THE CONCRETE TO THE STEEL, AND THIS SHALL REFER WITH EQUAL FORCE AND EFFECT TO -CURB NOSI NGS, ANGLES AND OTHER FORMS OF PROTECTION TO CONCRETE EDGES AND COR- - NERS, -AS WELL AS TO THE INSERTION PIPES, PIPE, SLEEVES, AND OTHER NECESSARY - PARTS - OF THE WORK, OF CONSTRUCTION.- - - 15. EXPANSION JOINTS: EXPANSION JOINTS WHERE . SPECIFIED OR REQUIRED SHALL BE . CAREFULLY AND STRICTLY IN ACCORDANCE WITH THE DETAILS SHOWN ON THE DRAWINGS. COPPER AND ZINC,.WHEN SPECIFIED FOR USE, SHALL BE MADE CLEAN OF ALL SUBSTANCES.- - WHICH MAY, IN ANY WAY INTERFERE WITH PROPER BONDING. 16. ._ PRECAST CONCRETE: WHERE''PRECAST UNITS ARE SPECIFIED, THE MATERIALS USED, THE MANNER OF FORM.ING THE POURING.ANO. CURING] SHALL COMPLY ESSENTIALLY WITH THE VARIOUS SECTIONS OF -THIS - SPECIFICATION, EXC €PT'THAT VIBRATION,OF THE CON- CRETE DURING POURING OPERATIONS MAY BE. EFF ECTE 0 1BY THE USE.OF _A SHAKING TABLE - OR OTHER RAPIDLY VIBRATING DEVICE ON WNLCH THE INDIVIDUAL UNITS ARE CAST. - - - 8 -63 $ 36 THE INTERSECTION: OF THE SEVERAL UNITS WHEN PLACED IN THE STRUCTURE SHALL BE PROPERLY SUPPORTED AND HELD IN TRUE POSITIONS AND THEN THEIR INTERSECTION . SOLIDLY BUILT TO FORM A UNION BY THE USE OF GUNITE AS DESCRIBED UNDER SECTION 24 -9. CURING OF GUNITED CONNECTIONS OR INTERSECTIONS SHALL BE PERFORMED IN THE SAME MANNER AND FOR PERIODS SPECIFIED UNDER SECTION 24 -13. REINFORCEMENT STEEL SHALL BE HELD FIRMLY AND MAINTAINED IN TRUE POSITION. THROUGHOUT THE.ENTI.RE OPERATION OF CASTING* THE HANDLING OF PRECAST CONCRETE UNITS SHALL BE CONDUCTED CAREFULLY TO . AVOID UNDUE STRESSING AND DAMAGE TO THE UNIT AS A WHOLE ANO.ALSO TO EDGES OF PRECAST UNITS. ROUGH HANDLING FOLLOWING CASTING OPERATIONS OR WHEN PLACING THE UNITS'IN THE STRUCTURE MAY BE CAUSE FOR THE INSPECTING AGENCY TO CONDEMN THE UNIT SO ASU3ED# AND ORDER IT REMOVED IMMED I ATELY -FROM THE, SITE OF THE WORK. - 17. STA INS t WHEN/ DURING .CO NSTRUCTI DN AND BEFORE ACCEPTANCE OF THE STRUCTURE BY THE OWNERy STAINING OF CONCRETE 0 1 CCURS# DUE TO MANY CAUSE# AND THE STAIN IS DEEMED UNSIGHTLY AND .OBJECTIONABLE TO THE OWNERS *HE CONTRACTOR SHALL BE RE- QUIRED TO REMOVE THE BLEMISH AT HIS OWN EXPENSES LEAVING THE CONCRETE, SURFACE CLEAN.AND To THE SATISFACTION OF THE OWNER. 10. CRACKS. CHECKS. ROCK POCKETS OR OTHERWISE UNSAT IS FACTORY.. CONCRETE I WHERE CRACKS# CHECKS. ROCK POCKETS OR OTHERWISE UNSATLSFACTORY CONCRETE OCCURS THE CONTRACTOR SHALL, BCFDRE ACCEPTANCE BY.THE OWNER AND AS.DEEMED ADVISABLE OR NECESSARY BY THE INSPECTING AGENCYj .MAKE CORRECTION BY CHIPPING OUT THE UN- SATISFACTORY CONCRETE ANO FILLING THE AREA WITH GUNITE OR AS OTHERWISE DIRECT- ED. 19, DEPOSITING. CONCRETE UNDER WATER$ A THEN -IT `IS NECESSARY TO DEPOSIT CONCRETE UNDER WATER/'THE METHOOSj EQUIPMENT,. MATERIALS AND.PROPORTIONS OF THE MIXTURE TD BE USED SHALL.. BE SUB- . MITTED TO AND BE APPROVED BY THE INSPECTING AGENCY, BEFORE THE WORK IS STARTEDs (B) THE CONCRETE SHALL CONTAIN NOT -LESS THAN SEVEN.(7) SACKS OR SIX HUNDRED FIFTY,— EIGHT.(658),POUNDS OF CEMENT PER CUBIC YARD.. THE VOLUME OR.' WEIGHT OF THE COARBE AGGREGATE SHALL NOT BE LESS THAN ONE AND ONE -HALF, NOR MORE THAN TWICE THAT OF THE FINE AGGREGATE. THE CONCRETE SHALL BE MIXED WITH SUFFICIENT WATER TO PRODUCE A CONCRETE HAVING A SLUMP OF NOT LESS THAN FOUR (4) INCHES AND HOT MORE THAN SEVEN (7) INCHES. (C) COFFERDAMS OR FORMS SHALL BE SUFFICIENTLY TIGHT TO REDUCE THE FLOW OR CURRENT OF WATER THROUGH THE SPACE INTO WHICH CONCRETE IS TO BE DEPOSITED SO AS NOT TO EXCEED TEN (10) FEET PER MINUTE. COFFERDAMS OR FORMS IN STILL WATER SHALL BE SUFFICIENTLY TIGHT TO PREVENT LOSS OF MORTAR THROUGH . THE . WALLS•. PUMPING WILL NOT BE PERMITTED WHILE CONCRETE IS BEING PLACEBO NOR SOONER THAN TWENTY -FOUR (24) HOURS.AFTER THE PLACING OF CONCRETE HAS BEEN STOPPED. (E) CONCRETE SHALL BE DEPOSITED CONTINUOUSLY UNTIL IT IS BROUGHT TO THE REQUIRED HEIGHT. WHILE DEPOSITING0 THE TOP SURFACE SHALL . BE KEPT AS NEARLY LEVEL AS POSSIBLE AND THE FORMATION OF SEAMS AVOIDED. THE METHODS TO BE USED FOR DEPOSITING CONCRETE UNDER WATER SHALL BE ONE OF THE FOLLOWING AS NOTED IN THE SPECIAL PROVISIONS: ( I ) TREMIE: THE TREMIE SHALL BE WATERTIGHT AND LARGE ENOUGH TO ALLOW A FREE FLOW OF CONCRETE, IT SHALL BE KEPT FILLED WITH CONCRETE AT ALL TIMES WHILE DEPOSITING. THE CONCRETE STALL BE DISCHARGED AND SPREAD BY SO ,MOVING THE TREMIE TO MAINTAIN AS NEARLY AS PRACTICABLE A UNIFORM FLOW AND AVOID DRO "PING. THE CONCRETE. THROUGH WATER. IF THE CHARGE IS LOST WHILE DEPOSIT - ING, T;HE TREMIE SHALL BE WITHDRAWN AND REFILLED. THE SLUMP OF CONCRETE SHALL B -63 S39 SECTION 26 CONCRETE CURBS, GUTTERS, SIDEWALKS, DRIVEWAYS & CROSS GUTTERS: .1. DESCRIPTION: THIS WORK SHALL CONSIST OF CONSTRUCTING CURDS, GUTTERS, SIDEWALKS, DRIVEWAYS, AND CROSS- GUTTERS OF THE FORM AND DIMENSIONS SHOWN ON THE PLANS, AND AS SPECIF1 6 IN THESE SPECIPICATIONS AND THE SPECIAL PROVI- SIONS. THEY SHALL BE CONSTRUCTED OF CLASS B CONCRETE. 2. SUBGRADE PREPARATION: THE SUBGRADE SHALL BE CONSTRUCTED TRUE TO GRADE .. - AND CROSS - SECTION, AS SHOWN ON THE PLANS; AND SHALL BE THOROUGHLY COMPACTED TO 90 PERCENT RELATIVE COMPACTION* WHENEVER,.SOFT SPONGY MATERIAL_IS EN- COUNTERED IN MAKING THE SUBGRADE, SUCH MATERIAL SHALL BE REMOVED TO A DEPTH OF AT LEAST 6 INCHES BELOW SUBGRADE AND FILLED WITH GOOD SOUND EARTH OR SAND, WHICH SHALL BE THOROUGHLY COMPACTED TO 90 PERCENT RELATIVE COMPACTION, THE SUBGRADE AND FORMS SHALL BE WET IMMEDIATELY IN ADVANCE OF PLACING .. CONCRETE* 3. .JOINING EXISTING WORK: WHEN THE PLANS PROVIDE FOR THE RECONSTRUCTION OF A PORTION OF AN EXISTING CURB, GUTTER, SIDEWALKS DRIVEWAY OR CROSS- GUTTER, THE EXISTING SECTION SMALL BE CUT TO A MINIMUM DEPTH OF I',.-INCHES WITH AN ABRASIVE TYPE SAW AT THE FIRST SCORING LINE AT OR BEYOND THE PLANNED JOINT# AND THE ENTIRE SECTION TO BE RECONSTRUCTED SHALL BE REMOVED. THE NEW WORK .. SHALL JOIN THE OLD WORK AT THIS, LINE. .. 4. FORMS: FORMS SHALL BE TRUE AND SHALL HAVE A SMOOTH, STRAIGHT UPPER EDGE... TIMBER FORMS SHALL BE SURFACED ON THE SIDE PLACED NEXT TO THE CONCRETE, AND SHALL HAVE A TRUE SURFACED UPPER EDGE AND.SHALL NOT BE LESS THAN INCHES THICK AFTER BEING SURFACED* ' ALL FORMS SHALL BE THOROUGHLY C.LEA NED AND COATED WITH FORM OIL TO PRE - VENT THE CONCRETE FROM ADHERING TO THEMo . THE DEPTH OF F 01114S FOR a ACK OF CURBS SHALL BE EQUAL TO THE FULL DEPTH . OF THE CURB. THE DEPTH OF FACE FORMS FOR CONCRETE CURBS SHALL BE EQUAL TO THE FULL FACE- HEIGHT OF THE CURB, FORMS SHALL BE CAREFULLY SET TO ALIGNMENT AND GRADE AND SHALL CONFORM. TO. THE REQUIRED DIMENSIONS. FORMS SHALL BE HELD RIGIDLY 1N PLACE BY STAKES PLACED AT INTERVALS NOT TO EXCEED 4 FEET. CLAMPS, SPREADERS, AND BRACES SHALL BE USED WHERE REQUIRED TO INSURE RIGIDITY IN THE FORMS. ' BENDERS OR. THIN PLANK FORMS MAY BE USED ON CURVES, GRADE CHANGES, OR FOR CURB" RETURNS, BACK FORMS FOR CURB RETURNS MAY BE MADE OF 1/2 -INCH THICK., ..BENDERS CLEATED TOGETHER FOR THE FULL DEPTH. OF THE CURB, THE FORM ON THE FRONT OF CURBS SHALL NOT BE REMOVED IN LESS THAN 2 'HOURS NOR MORE THAN 6 HOURS AFTER THE CONCRETE HAS BEEN PLACED.. IN NO EVENT SHALL FORMS BE REMOVED WHILE THE CONCRETE IS SUFFICIENTLY PLASTIC TO SLUMP. SIDE FORMS FOR SIDEWALK, GUTTERS, DRIVEWAYS AND CROSS— GUTTERS SHALL NOT. at IN LESS THAN 12.HOURS AFTER THE FINISHING HAS BEEN COMPLETED, . S. JOINTS: UNLESS OTHERWISE SPECIFIED,`ALL JOINTS AND JOINTING MATERIALS .. .IN CURBS, GUTTERS, AND SIDEWALKS SHALL BE INSTALLED. VERTICALLY AND AT RIGHT ANGLES TO THE CURB LINE. EXPANSION JOINTS: TRANSVERSE EXPANSION JOINTS IN CURBS, GUTTERS, AND SIDEWALKS SHALL BE INSTALLED AT ALL RETURNS AND SHALL BE SPACED AT INTER- .• VAL$ NOT TO EXCEED 60 FEET BETWEEN.J.OINTS. AN.EFFORT SMALL BE MADE TO SPACE AND PLACE ALL JOINTS IN SUCH A MANNER SO AS TO CREATE. AN APPEARANCE OF.UNI- 8 -63 S41 FORMITY.- EXPANSION JOINTS SMALL BE FILLED WITH JOINT FILLER STRIPS INCH .. THICK AND SHALL EXTEND THE FULL W16TH AND DEPTH OF CURB, CUTTER, AND SIDE -. WALK. THE JOINT FILLER SHALL BE TYPE V, CONFORMING TO A'STM DESIGNATION: D544.' THE JOINT FILLER STRIPS SHALL BE IN ONE PIECE, SHAPED TO TRUE CROSS-, SECTIONs AND INSTALLED 1/4 INCH BELOW CONCRETE SURFACE, EDGES OF EXPANS . ION JOINTS SMALL BE ROUNDED WITH AN APPROVED EDGING TOOL HAVING A RADIUS NOT TO EXCEED 1/4,INCH AND ALL EXCESS CONCRETE SHALL BE REMOVED FROM AROUND THE JOINT• (2) WEAKENED PLANE .JOINTS: WEAKENED PLANE JOINTS SHALL BE INSTALLED AT INTERVALS OF 20 FEET. WEAKENED PLANE JOINTS SHALL BE AT LEAST ONE INCH. IN OEPTH,'BUT NOT MORE THAN 2 INCHES IN DEPTH. WEAKENED PLANE .JOINTS IN CURBS AND COMBINATION CURBS AND GUTTERS SMALL BE FORMED BY CUT PLATES CONFORM - ING TO THE SHAPE OF THEIR CROSS- SECTIONS. ALL WEAKENED PLANE JOINTS SMALL' BE'FORMED WITH 1/4 INCH STEEL. PLATE, AND SHALL,BE PROPERLY EDGED. NO JOINTS SHALL BE INSTALLED IN FRONT OF DRIVEWAY APPROACHES* 6• CURB AND GUTTER CONSTRUCTION; I PLACING CONCRETE: CONCRETE SHALL BE SPREAD AND GAUGED TO SUCH A .. .THICKNESS THAT, WHEN TAMPED AND FINISHED# THE THICKNESS OF THE GUTTER POR- TION SHALL IN NO PLACE BE LESS THAN SPECIFIED.' THE CONCRETE SHALL BE THOR . .,.OUGHLY. SPADED WITH A STRAIGHT SPADE OR SIMILAR TAMPING TOOL, AS PLACING " PROGRESSES UNTIL THERE ARE NO ROCK POCKETS AT EITHER FORM. -- (2) FINISHING: IMMEDIATELY AFTER STRIPPING THE FORMS, GROUT COMPOS- ED OF ONE PART' OF CEMENT TO ONE.PART OF PLASTER SAND SHALL BE APPLIED TO THE: 'FACE OF THE CURB BY: MEANS OF 'A BRUSH. THE FACE OF THE CURB SMALL BE TROWELr ED SMOOTH AND GIVEN STEEL TROWEL FINISH USING A ,ROTARY.MOTION. THE TOP SHALL BE EDGED AND GIVEN A STEEL TROWEL FINISH, THE GUTTERS SHALL BE FINISH -. 'ED TO A TRUE EVEN GRADE AND A SMOOTH, SURFACE AND GIVEN A STEEL TROWEL FIN - ISH. ALL SURFACES AFTER BEING. TROWELED SMOOTH SHALL BE GIVEN A FINAL FINE BRUSH FINISH WITH BRUSH STROKES PARALLEL TO THE.LINE'OF THE CURB* THE TOP AND FACE OF THE 'FINISHED CURB AND GUTTERS SHALL BE TRUE AND STRAIGHT, AND THE TOP SURFACE OF CURBS SHALL.BE.OF. UNIFORM WIDTH, FREE FROM :HUMPS, SAGS, OR OTHER IRREGULARITIES. WHEN A STRAIGHT EDGE 10 FEET LONG IS LAID ON TOP OR, FACE OF THE CURE OR ON THE SURFACE OF GUTTERS, THE SURFACE .SHALL NOT. VARY MORE THAN 0.01 -FOOT FROM THE EDGE OF THE STRAIGHTEDGE EXCEPT - .AT GRADE CHANGES OR CURVES• REPAIRS SHALL BE MADE BY REMOVING THE ENTIRE UNIT. BETWEEN SAW CUTS OR JOINTS AND REPLACING SAME, 7• CONCRETE CROSS- GUTTERS SIDEWALKSx AND DRIVEWAYS: I PLACING CONCRETE: CONCRETE SHALL BE SPREAD AND GAUGED TO SUCH A - THICKNESS THAT, WHEN TAMPED AND FINISHED, THE THICKNESS SHALL AT NO PLACE BE LESS THAN SP ECIFIED. A TEMPLATE, CUT TO FIT THE FINISH£D.SHAPE OF THE CROSS GUTTER SHALL BE USED IN GAUGING ITS SURFACE* THE CONCRETE SHALL BE TAMPED UNTIL ITS SURFACE IS COVERED WITH ENOUGH MORTAR TO PERMIT PROPER FINISHING, (2) FINISHING: THE CROSS- GUTTERS, SIDEWALKS] -AND DRIVEWAYS SHALL BE 'FINISHED TO A TRUE, EVEN 'GRADE FREE FROM HUMPS, DEPRESSIONS OR OTHER IRREGU- :LARITIES•- ALL SURFACES .SHALL BE FINISHED TO GRADE AND CROSS - SECTIONS WITH A `.FLOAT AND THEN TROWELED SMOOTH WITH A STEEL TROWEL AND FINISHED -WITH A FINE- - HA IR BROOM, GROOMING SHALL BE TRANSVERSE TO THE LINE OF TRAFFIC. ,- '- (3) SCORING: THE SURFACE:OF' SIDEWALKS SHALL BE MARKED 'INTO 'SQUARES WITH A SCORING TOOL WHICH WILL _LEAVE THE EDGES ROUNDED. _MARKED SQUARES SHALL - -__ NOT EXCEED 25 SQUARE FEETIM.AREA. - - - - 8 -63 . $ 42 � � CO.L OR ING: CONCRETE COLORING FOR SIDEWALKS AND DRIVEWAYS SHALL SECTION 27 REINFORCING STEEL: I. GENERAL: REINFORCEMENT SHALL CONFORM TO THESE SPECIFICATIONS AND BE OF THE SHAPE AND DIMENSIONS SHOWN ON THE PLANS OR SPECIFIED IN THE SPECIAL PROVI "SI DNS. - 2. MATERIALS: THE FOLLOWING SPECIFICATIONS SET FORTH THE REQUIREMENTS FOR - BAR REINFORCEMENT, MESH REINFORCEMENT, AND BLACK ANNEALED WIRE. 3. BAR REINFORCEMENT: ALL BAR REINFORCEMENT SHALL BE OF STRUCTURAL OR INTERMEDIATE GRADES ROLLED FROM NEW BILLET STOCK AND SHALL CONSIST OF DE- "FORMED BARS. NO RE- ROLLED MATERIAL SHALL BE USED.' IN TESTING BAR REIN- FORCEMENT, ONLY THE THEORETICAL CROSS - SECTIONAL AREA SHALL BE USED IN ALL COMP.UTATIONS. BAR REINFORCEMENT SHALL CONFORM T.O .ASTM SERIAL DESIGNATION ' A15 -50 AND A305 -50 WITH SUBSEQUENT AMENDMENTS: .4. MESH REINFORCEMENT: SHALL CONFORM TO THE REQUIREMENTS OF THE ASTM SERI AL E-D SIGN AT ION Al 85-37, WITH SUBS -EQUE NT AMENOM ENT S. THE GAUGE OF WIRE' - AND THE DIMENSIONS OF THE MESH WILL BE. SHOWN ON THE PLANS. - 5. BLACK ANNEALED WIRE: ALL WIRE USED AS REINFORCING STEELS BUT NOT IN- CLUDING TIE WIRES IN STRUCTURES AND CONCRETE PILES AS SHOWN ON THE PLANS, SHALL BE BLACK- ANNEALED WIRE . OF THE GAUGE . DESIGNATEDO THE GAUGE TO BEAMERI- CAN STEEL AND WIRE GAUGE. 6. STEEL LISTS: REINFORCING STEEL LISTS SHALL BE SUBMITTED TO THE ENGIN- -- -£ER FOR APPROVAL WHEN REQUESTED -. SUCH APPROVAL IS INTENDED AS ADDITIONAL PRECAUTION - AGAINST' ERRORS AND SHALL NOT BE CONSTRUED AS RELIEVING THE CON- TRACTOR OF FULL RESPONSIBILITY FOR THE ACCURACY OF THE LISTS. 7. SAMPLING: REINFORCING STEEL MAY BE SAMPLED BY THE INSPECTING AGENCY AT THE SOURCE OF SUPPLY, OR ON THE WORK OR BOTH. STEEL SUBMITTED FOR SAMPLING - EITHER AT THE MILL OR ON THE WORKS SHALL BE IDENTIFIED -BY HEAT OR MELT NUM- _ BERS AND ACCOMPANIED BY MILL ANALYSIS AND TEST REPORTS. TWO OR MORE SAMPLES, EACH 24 INCHES LONG., SHALL SE TAKEN AT RANDOM FROM EACH SIZE IN EACH MELT OR HEAT.' ALL TEST SAMPLES SHALL BE FURNISHED BY THE CONTRACTOR, WITHOUT CHARGE TO THE OWNER. - 8. CLEANING: BEFORE, BEING PLACED,.REINFORCING STEEL SMALL BE THOROUGHLY CLEANED OF LOOSE MILL AND RUST SCALES MORTARS OIL, DIRT, AND OF COATINGS OF . ANY DESCRIPTION WHICH -;WILD IN ANY WAYS DESTROY THE BOND. - 9. BENDING: REINFORCING STEEL SHALL ACCURATELY CONFORM TO THE DIMENSIONS " SHOWN ON THE PLANS. THE MINIMUM RADIUS OF BENDS SHALL BE 4 .TIMES THE LEAST DIAMETER OF THE BAR. BARS SHALL NOT BE BENT OR STRAIGHTENED IN A MANNER THAT WILL INJURE THE MATERIAL. BARS WITH KINKS OR SHARP BENDS SHALL NOT .BE USED. 10. PLACING: REINFORCING BARS 'SHALL BE ACCURATELY PLACED AS SHOWN ON THE PLANS AND FIRMLY HELD IN POSITION SY.WIRING AT. INTERSECTIONS WITH NO. 14 OR ,. No. 16 WIRE AND BY USING CONCRETE OR METAL CHAIRS SPACERS METAL HANGERS, SUPPORTING WIRESS AND OTHER APPROVED DEVICES OF SUFFICIENT STRENGTH TO - RESIST CRUSHING .UNDER FULL LOAD. -ALL SUCH SUPPORTING DEVICES SHALL BE FUR- NISHED BYE AND AT THE EXPENSE OF THE CONTRACTOR. METAL SUPPORTS WHICH EXTEND. I 8-63 $ TO THE SURFACE OF THE CONCRETES EXCEPT WHERE SHOWN ON THE PLANS, AND WOODEN SUPPORTS SHALL NOT BE USED. PLAC ING BARS ON LAYERS OF FRESH CONCRETE AS THE WORK PROGRESSES, AND ADJUSTING BARS DURING THE PLACING OF CONCRETE SMALL NOT BE.PERMITTED. THE MINIMUM SPACE BETWEEN PARALLEL BARS SHALL BE 2 INCHES AND IN NO CASE SHALL THE EMBEDMENT IN THE CONCRETE BE LESS THAN SHOWN ON THE PLANS.' THIS LATTER REQUIREMENT WILL BE RIGIDLY ENFORCED, AND SHOULO,TEST :SHOW THAT REINFORCEMENT IS NEARER THE SURFACE THAN SPECIFIED, THE CONTRACTOR. WILL, AT HIS 'OWN EXPENSES BE REQUIRED TO REMEDY THIS DEFECT. 11. SPLICING: GIRDER:BARS SHALL NOT BE SPLICED EXCEPT AS SHOWN ON THE PLANS. SPLICES OF TENSIBLE REINFORCEMENT AT POINTS OF MAXIMUM STRESS SHALL BE AVOIDED, WHERE BARS ARE SPLICEDO THEY SHALL BE LAPPED AT LEAST 24 BAR OIAMETERSO BUT NOT LESS THAN 12 INCHES.WHEREFABRIC IS SPLICED THE LAP . SHALL BE NOT LESS THAN ONE MESH." i 12. INSPECTION: NO CONCRETE SHALL BE .PLACED UNTIL THE INSPECTING AGENCY HAS INSPECTED THE PLACING OF THE REINFORCING AND GIVEN PERMISSION TO PLACE CONCRETE. ALL CONCRETE.PLAC:ED IN VIOLATION OF THIS PROVISION SHALL BE RE- JECTED.. 13., MEASUREMENT OF QUANT I TI ES :. ' QUANTITIES OF BAR REINFORCING STEEL AND BLACK ANNEALED WIRE NOT INCLUDING TIE'WIRE) PLACED AS.REINFORCEMENT AS SHOWN ON THE PLA.NS OR.AS DIRECTED BY' THE INSPECTING AGENCY WILL BE DETERMINED FROM COMPUTATIONS BASED UPON THE CALCULATED WEIGHTS OF THE SAID STEEL AND 141. REI ACTUALLY, PLACED IN ACCORDANCE WITH THESE SPECIFICATIONS. THE WEIGHTS. CALCU -; LATED SHALL BE BASED UPON THE FOLLOWING TABLES: BAR REINFORCING STEEL DEFORMED BAR UNIT WEIGHT IN NOMINAL DIAMETER, DESIGNATION No., POUNDS. PER FOOT IN INCHES, j 3 0.376 0.375 4 0.668 0.500 5 . 1..043 6 1.502. 0.750 7 2.044' 0.875, ' 8 2.670. 1.000 9 3.400 1.128 10 ?+.303.:. 1.270 II 5.313 1.410 BLACK ANNEALED REINFORCING WIRE .. .'AMERICAN STEEL AND WIRE. GAUGE.. 'WEIGHT- POUNDS PER LINEAR FT. .. ' No. 4 WIRE 0.1354 No. 5 WIRE 0.1143 NO. 6 WIRE 0.0983 No. 7 WIRE 0.0835 No..B WIRE 0.0700. No. 9 WI RE . '. 0.0586.. i No.10 WIRE '0.0486. 843 t S45 QUANTITIES OF MESH REINFORCEMENT PLACED AS SHOWN ON THE PLANS OR AS SECTION 28 LUMBER FOR STRUCTURES: I. 'GENERAL': ALL WOOD USED SHALL BE SELECT STRUCTURAL GRADE DOUGLAS .FIRM AS DEFINED IN THE STANDARD GRADING AND DRESSING RULESs, ND. 15,9 FOR DOUGLAS FIR,, WEST COAST HEMLOCK,, SITKA SPRUCES WESTERN RED CEDAR LUMBER AS PUBLISH- ED BY WEST,COAST LUMBERMAN'S ASSOC.IATIONj, JANUARY 19560 AS REVISED, UNLESS OTHERWISE SHOWN OR DESIGNATED ON THE, PLANS OR IN THE SPECIAL PROVISIONS OF THESE SPECIFICATIONS. .2. GRADE, MARKS: ALL LUMBER FURNISHED IN COMMERCIAL LENGTH SHALL BE PROPERLY AND EFFECTIVELY GRADE MARKED IN ACCORDANCE WITH THE STANDARD PRAC- TICES OF THE WEST COAST LUMBERMANIS ASSOCIATION OR THE CALIFORNIA REDWOOD ASSOCIATION. LUMBER FURNISHED WITHOUT GRADE — MARKING THEREON# WILL BE RE- .. JECTED AND SHALL NOT BE .USED UNTIL CLEAR EVIDENCE OF GRADE CAN BE OBTAIMID .. AND SUBSTANTIATED. ALL COST RELATIVE TO OBTAINING AND SUBSTANTIATING THE GRADE OF THE LUMBER NOT PROPERLY MARKED SHALL BE BORNE BY THE CONTRACTOR.. 3. SEASONING: UNLESS OTHERWISE SHOWN OR INOICATEDs ALL LUMBER SMALL BE DRIED AS CLOSELY AS PRACTICAL TO THE FOLLOWING: 3•i AVERAGE WHEN USEOp 10% TO 18% WITH.90% OF LOAD LESS THAN 12%. .. 3.2 INCLEMENT WEATHER OR AFTER SHIPMENT 25% BUT NOT USED UNTIL DRIED TO 18% OR LESS. 4. HANDLING AND STORING: ALL LUMBER SHALL BE HAHOLEO.IN A MANNER THAT WILL CAUSE NO DAMAGE TO THE LUMBER., THE TEARING OF LUMBER EDGES BY SLINGSt CHAINS*.ROPESq ETC, OR.THE DESTRUCTION OR RUPTURING OF WOOD FIBERS OR OF PROTECTIVE COATINGS OR TREATMENTS BY PEAVEYS OR CANT HOOKS OR THE OTHER SHOP TOOLS WILL BECAUSE -FOR REJECTION, ALL LUMBER SHALL BE STORED IN SUCH A WAY THAT AIR CAN CIRCULATE UNDER THE STACK; AND EVERY PRECAUTION TAKEN TO .� PREVENT TWISTINGs WARPING OR OTHER DAMAGE RESULTING FROM CARELESS STORING. STORING SHALL ALSO FACILITATE INS PECTI ON. OF THE LUMBER PRIOR TO USE. S47 SECTION 29 PRESERVATIVE.TREATMENT OF TIMBER AND PILINGc i. GENERAL: ALL TIMBERS AND PILING SHALL BE CONDITIONED AND TREATED IN ACCORDANCE WITH THE AMERICAN W000- PRESERVER S ASSOCIATION STANDARDS WHICH ARE MADE A PART OF THESE SPECIFICATIONS.. THE STANDARD FULL -CELL PROCESS _ SHALL BE USED FOR THE APPLICATION OF ALL PRESERVATIVES.. WHEN PERMITTED BY STANDARDS C2 OR, C3, AN EXPANSION BATH, SHALL BE APPLIED. THE FOLLOWING IS - A LIST OF AMERICAN WOOD- PRESERVERls ASSOCIATION STANDARDS TO BE USED WHEN- EVER APPLICABLE IN TREATMENT , OF TIMBER :OR PILES: .. MI - "STANDARD FOR THE PURCHASE AND PRESERVATION OF FOREST PRODUCTS ". M2 - "STANDARD INSTRUCTION FOR THE INSPECTION OF PRESERVATIVE TREATMENT . OF WOOD. M4 — "STANDARD INSTRUCTION FOR THE CARE OF PRESSURE- TREATED WOOD AFTER TREATMENT.. ..' PI - "STANDARD FOR CREOSOTE ". PS "STANDARD FOR WATER -BORNE PRESERVATIVES"... CI - "STANDARD FOR THE PRESERVATIVE TREATMENTS BY PRESSURE PROCESSES ". .. (GENERAL • REQUIREMENTS) C2 - "STANDARD FOR THE PRESERVATIVE TREATMENT OF LUMBERp TIMBER BRIDGE TIES,. AND.MINE TIES BY PRESSURE PROCESSES ". C3 "STANDARD FOR THE.PRESERVAT'IVE TREATMENT OF PILES BY PRESSURE PROCESS .. ES ". CIB— "STANDARD FOR PRESSURE TREATED PILE AND TIMBER IN MARINE CONSTRUCTION ". 2. PRESERVATIVES:. CREOSOTE SHALL BE USED FOR ALL TIMBER USED IN THE FOLLOWING WAYS 'A. PILES .. . B. SUB- STRUCTURE TIES C. PILE CAPS .. D. ANY OTHER MEMBERS DESI GNATED� ON . THE PLANS OR IN.THE SPECIAL PROV I SI DNS. FLUOR CHROME ARSENATE PHENOL (WOLMAN SALTS) SHALL BE USED FOR ALL T 114 ER USED IN.THE FOLLOWING WAYS. A. DECKING B. STRINGERS C. BLOCKING .. . .0. ANY OTHER MEMBER DESIGNATED ON THE PLANS OR IN THE SPECIAL PRO . VISION. 3. PRESERVATIVE RETENTION AND PENETRATION: THE FOLLOWING ARE THE REQUIRE - ED PRESERVATIVE RETENTION AND PENETRATION: 3.I CREOSOTE - 16 POUNDS PER CUBIC FOOT' OF TIMBER WITH A MINIMUM OF 'ONE (.1) INCH OF PENETRATION. 3.2 FLUID CHROME ARSENATE PHENOL (WOLMAN SALTS 0:50 POUNDS PER CUBIC FOOT' OF TIMBER WITH A MINIMUM OF ONE -HALF INCH PENETRATION. ' k. CERTIFICATES: THE CONTRACTOR SHALL SUPPLY THE HARBOR.MANAGER WITH CERTI- FItCATES ATTESTING TO THE GRADE OF THE TIMBER USED AND THE ADEQUACY OF THE.TREAT- . MENT METHODS. THE ACCEPTANCE OF: SUCH CERTIFICATES BY. THE HARBOR MANAGER DOES . NOT WAIVE THE OWNER'S RIGHT TO REJECT SUCH CERTIFIED MATERIAL IF SUBSEQUENT . INSPECTION SHOWS THAT ANY PORTION OF THESE SPECIFICATIONS HAVE NOT BEEN MET. 8 -63 S48, SECTION 30 ROUGH CARPENTRY (PIER CONSTRUCTION) REFERENCE HEREIN TO CREOSOTED MATERIALS WILL ALSO APPLY TO MATERIALS TREAT - ED WITH CHROMATED- ZINC - CHLORIDE, OR WITH WOLMAN SALTS, IF USED. 1, HANDLING CREOSOTED LUMBER: THE CREOSOTED TIMBER SMALL RE CAREFULLY HANDLED WITHOUT SUDDEN DROPPING, OR OTHER MISTREATMENT WHICH WILL IN ANYWAY SPLIT THE TIMBER OR BREAK THE OUTER FIBRES. CANT HOOKS, DOGS, PIKE POLES OR SHARP TOOLS WHICH MIGHT PENETRATE THE CREOSOTED PORTION OF THE TIMBER SMALL NOT BE USED. NO CUTTING INTO TREATED, TIMBER, EXCEPT TO SAW PIECES TO THE 'EX ACT LENGTH TO FIT, AND OTHERWISE SPECIFICALLY AUTHORIZED BY THE INSPECTING AGENCY WILL BE ALLOWED. ANY TIMBER DAMAGED SO AS TO SHOW. OR EXPOSE UNTREATED INTERIOR WOOD, THEREBY OPENING TH E WAY FOR ENTRY* OF DRY ROT OR FUNGUS SHALL BE TREATED AS FOLLOWS: NAIL HOLES, OR PUNCTURES PRODUCED FROM OTHER CAUSES,, SMALL BE BORED ROUND, THE HOLES'FILLED WITH HOT CREOSOTE AND THEN FITTED WITH TIGHT FITTING TURNED PLUGS WHICH HAVE BEEN TREATED IN BOILING CREOSOTE OIL FOR A PERIOD OF THREE HOURS.' 2.. BORING HOLES FOR BOLTS, ETC: ALL HOLES IN TIMBER UNLESS OTHERWISE NOT- . "E0, SHALL BE BORED ONE - SIXTEENTH (1 /16) INCH SMALLER IN DIAMETER THAN THE SIZE OF THE BOLT, PIN OR DOWEL, TO REQUIRE A DRIVING FIT. HOLES NEAR THE ENDS,. OF THE TIMBERS SHALL BE BORED THE SAME DIAMETER AS THE BOLT, PIN OR DOWEL. .HOLES FOR THE THREADED PORTION OF LAG SCREWS SHALL BE BORED NOT LARGER IN DIA- METER THAN THE BASE OF THE THREAD. IN SMALL TIMBERS WHICH ARE IN DANGER OF SPLITTING, HOLES FOR BOAT OR WIRE SPIKES SHALL BE BORED OF THE SAME DIAMETER ASTNE SMALLEST DIMENSION OF TH E'SPIKE.. .. BEFORE BORING BOLT HOLES, TIMBERS TO BE BOLTED SHALL BE HELD IN CLOSE CONTACT BY NAILING OR OTHER EFFECTIVE MEANS. CARE SHALL BE TAKEN TO BORE BOLT HOLES PERPENDICULAR TO THE FACE OF THE TIM- BERS., EXCEPT WHERE PLANS CALL SPECIFICALLY FOR DIAGONAL BORING. WHEN TIMBERS ARE JOINED BY FABRICATED STEEL STRAPS IN PAIRS,_ THE TIM - BERS SMALL BE SHAPED AND HELD SECURELY IN PLACE IN THEIR FINAL POSITION. U.SI NG THE STRAPS AS A TEMPLET, BOLT HOLES OF THE SAME NOMINAL DIAMETER AS THE BOLTS SHALL BE BORED ONE -HALF THE DISTANCE THROUGH THE PILE OR TIMBER FROM .: EACH DIRECTION UNTIL THEY JOIN, SO AS TO SECURE. THE PROPER ALIGNMENT WITH THE HOLES IN THE STRAPS AND TO FACILITATE DRIVING OF THE BOLTS. .. BEFORE DRIVING BOLTS OR PINS, THE HOLES SHALL. BE SWABBED AS HEREINAFTER DESCRIBED. 3. FRAMING: ALL FRAMING, UNLESS OTHERWISE SPECIFIED, SHALL BE DONE AT THE SITE OF THE WORK BY COMPETENT CARPENTERS EXPERIENCED IN THE TYPE OF WORK UNDER .SWAY, AND ALL WORK MUST BE FIRST CLASS IN EVERY RESPECT. ALL TIMBERS CARRYING LOADS MUST HAVE UNIFORM AND EVEN BEARING ON THE SUPPORTING MEMBERS. NO _ BLOCKING OR SHIMMING OF ANY DESCRIPTION WILL BE ALLOWED IN MAKING JOINTS, ,NOR ' WILL OPEN JOINTS BE PERMITTED. - 4. DAPPING: DAPS WHERE PERMITTED SHALL BE MADE TRUE AND SQUARE, AND THE BEARING TIMBER _SHALL BE CUT ACCURATELY TO SHAPE AND LENGTH $O AS TO HAVE A FULL AND,TIGHT- BEARING.. - - .5. TIMBERS BELOW HIGH WATER: IN PLACING ANY CREOSOTED TIMBERS BELOW THE ELEVATION OF HIGH WATER,- CARE SHALL BE TAKEN THAT THE ENDS THEREOF ARE NOT _ -- CUTS.' SPLIT OR INJURED, WHEREBY UNTREATED WOOD.WILL BE EXPOSED TO THE ATTACKS - .. 8 -63 S49 . OF MARINE BORERS. IT IS INTENDED THAT NO CUTTING OR BORING SO AS To EX- POSE UNTREATED TIMBER BELOW HIGH WATER BE PERMITTED, BUT IN THE EVENT BOR- ING IS ALLOWED, DUE TO UNUSUAL CONDITIONS ANY SUCH BORING PERFORMED AFTER CREOSOTING SHALL BE CAREFULLY TREATED WITH HOT NO. I CREOSOTE UNDER FIFTY (50) POUNDS PER SQUARE INCH PRESSURE. . 6. TREATING BOLT HOLES: THE SIDES of ALL HOLES AND COUNTERBORES FOR BOLTS AND PINS IN CREOSOTED AND UNTREATED TIMBERS.ABOVE HIGH WATER SHALL BE SWABBED THOROUGHLY AND FREELY WITH -A HALF AND HALF MIXTURE OF COAL TAR' - AND CREOSOTE .OIL, APPLIED HOT. PARTICULAR CARE MUST BE TAKEN TO COVER ALL UNTREATED WOOD IN AND 'AROUND HOLES THROUGH CREOSOTED WOOD. 7., APPLICATION OF PRESERVATIVE, UNTREATED TIMBER: THE SAWED ENDS OR FACES OF UNTREATED TIMBERS, IF ANY, SUCH AS JOINTS AND DECKING, SHALL BE SWABBED THOROUGHLY AND FREELY WITH A HALF AND HALF MIXTURE-OF COAL TAR AND 'CREOSOTE, APPLIED HOT, BEFORE THEY ARE.PLACEO. ALL CONTACTS OF WOOD ON WOOD OR METAL ON WOOD SUCH AS STRINGERS AT BEARINGS* THE ENTIRE TOPS OF JOINTS OR STRINGERS, THE DECKING UNDER CURBS AND LOWER SURFACES OF CURBS ETC., SHALL BE THOROUGHLY AND FREELY PAINTED WITH TWO INDIVIDUAL COATS OF. THE HOT MIXTURE DESCRIBED ABOVE FOLLOWED BY A COAT Or NOT ASPHALT; THE LAST COAT APPLIED JUST BEFORE CONTACT IS MADE* S. APPLICATION OF PRESERVATIVE, CREOSOTED TIMBER: WHEREVER NECESSARY TO CUT CREOSOTED PILES OR TIMBERS, A HALF AND HALF MIXTURE OF COAL TAR AND CREOSOTE OIL SHALL. BE APPLIED HOT IN TWO INDIVIDUAL COATS TO THE EXPOSED WOOD] WHICH SHALL BE FOLLOWED, AFTER THE TAR AND OIL MIXTURE HAS PENETRA- TED, BY A COATING OF HOT ASPHALT OF.A, HEAVY GRADE. THE ASPHALT SHALL BE ,. .'APPLIED HOT WITH A COTTON MOP, THIS WORK MUST BE DONE CAREFULLY TO IMPREG- NATE THE WOOD 'AS. MUCH AS POSSIBLE, ALL TIMBERS IN CONTACT AFTER ASSEMB- LINGSNAIL NAYS THEIR CONTACT SURFACES WELL SWABBED WITH NOT ASPHALT BEFORE ." THE CONTACT IS MADE. THIS APPLIES TO PILE CAPS BEARING ON PILES, GRILLAGE .TIMBERS, STRINGERS, ESC., BEARING ON PILE CAPS OR BLOCKING, SPLICES, TIES OR DECKING BEARINGS AND SIMILAR POINTS. i 9. FILLING POCKETS WITH ASPHALT: ALL COUNTERBORES IN PILE AND IN TIM —. BERG CREOSOTED OR UNTREATED, FOR. COUNTERSUNK BOLT OR SPIKE', HEADS WHETHER ON ,HORIZONTAL, INCLINED OR VERTICAL SURFACES, AS WELL AS ALL POCKETS. LIKELY TO HOLD WATER, SHALL BE FILLED WITH NOT ASPHALT OF HEAVY GRADE, AFTER BEING TREATED AS SPECIFIEO,FOR BOLT HOLES. 10. EXPOSED CRACKS IN UNTREATED TIMBER: THE TOPS OF ALL EXPOSED CRACKS BE- TWEEN UNTREATED TIMBERS BOLTED TOGETHER AND THE EXPOSED SPACES BETWEEN ENDS OF.UNTREATEO. TIMBERS AND THE ABUTTING PORTION OF THE STRUCTURE SHALL BE, FILLED. OR COVERED WITH HOT ASPHALT OF HEAVY GRADE,' II, HEATING CREOSOTE AND ASPHALT: ALL CREOSOTE OIL, COAL TAR AND ASPHALT' SHALL BE HEATED AND APPLIED AT TEMPERATURES BETWEEN ONE HUNDRED SEVENTY (170) AND TWO HUNDRED ,(200) DEGREES F. THE HEATING 'SHALL BE DONE AT SOME DISTANCE FROM INFLAMMABLE-CONSTRUCTION SO AS TO MINIMIZE THE FIRE RISK* 12. TIGHTENING NUTS: ALL NUTS SHALL BE WELL TIGHTENED AT THE TIME THE BOLTS ARE DRIVEN, AND SMALL BE AGAINTIGMTENED UPON COMPLETION OF THE WORK TO TAKE UP ANY SHRINKAGE OF THE TIMBERS, ' S50 13: PREFRAMING OF 16 -POUND CREOSOTED TIMBERS: FOR ALL TIMBERS SPECIFIED SECTION 31 ROUGH HAROWAREi I. GENERAL: I.I. HARDWARE SHALL CONSIST OF BOLTS WITH THE NECESSARY NUTS . AND WASHERS, TIMBER CONNECTORSO DRIFT PINS* DOWELS$ .NAILS$ SCREWS$ SPIKES AND OTHER METAL FASTENINGS.. 1.2 - THE CONTRACTOR SHALL FURNISH AND INSTALL ALL NECESSARY AND,REQUIR- ED HARDWARE TO COMPLETE EVERY DETAIL OF CONSTRUCTION. WHERE DETAILED, DESIGNS FOR FITTINGS OR . CONNECTIONS ARE'. NOT INCLUDED IN THE PLANS OR THE SPEC'IAL.PRO- ,VISIONS# IT WILL BE THE CONTRACTOR'S RESPONSIBILITY TO FURNISH STANDARD MARD -, :WARES WITH DESIGN LOAD CAPACITY SUFFICIENT TO CARRY THE MAXIMUM LOADS ENTERING SAID FITTING OR CONNECTIONS. ASSUM'ING.EACH MEMBER TO BE CARRYING ITS . .. :MAXIMUM SAFE DESIGN LOAD. IF THE CONTRACTOR FAILS OR REFUSES TO PROVIDE ,AND INSTALL ALL SUCH HARDWARE, THE OWNER MAY ORDER SATISFACTORY HARDWARE TO, BE FUR- NISHED AND INSTALLED BY OTHERS AND DEDUCT THE COSTS INCURRED THEREIN FROM ANY MONEY OR MONIES DUE OR TO BECOME DUE THE CONTRACTOR AS SET FORTH IN THE GEHER -. AL PROVISIONS. 2. MACHINE BOLT HEADS AND NUTS: MACHINE BOLT HEADS AND NUTS SMALL SE AMER1- CAN STANDARD REGULAR. THREADS SHALL BE AMERICAN NATIONAL FORM$ COARSE THREAD# CLASS 2 FREEFIT. WHEN BOLTS AND NUTS ARE GALVANIZED# THE THREADS IN THE NUTS SHALL BE RETAPPED AFTER GALVANIZING. 'BOLTS AND NUTS SHALL CONFORM TO THE .•REQUIREME:,NTS OF; THE A.S.T.M.-DES IGNATIO.NS: A307. �3. WASHERS: WASHERS SHALL BE CAST IRON O- GEEy.MALLEAWLE.IRON$ PLATE,OR. CUT WASHERSp.AS SPECIFIED. ' 4. TIMBER CONNECTORS: .TIMBER CONNECTORS SHALL BE OF THE TYPE AND SIZE' SHOWN ON THE PLANS OR SPECIFIED. . 5. NAILS: NAILS SHALL BE OF STANDARD SIZE AND FO RM. 2 8-63 S52 SECTION 34 STRUCTURAL STEEL AND MISCELLANEOUS IRON:. 1. GENERALS THE WORK OF TN.IS SECTION SHALL INCLUDE ALL LABOR, MATERIALS, EQUIPMENT. AND APPLIANCES REQUIRED TO COMPLETE ALLOF THE STRUCTURAL STEEL ' .. WORK AND MISCELLANEOUS IRON SHOWN ON THE DRAWINGS OR HEREIN SPECIFIED* 2. MATERIALS: STRUCTURAL STEEL SHALL BE MADE EITHER THE OPEN- HEARTH OR ELECTRIC- FURNACE PROCESSES ONLY AND SHALL CONFORM TO THE 11STANDARD SPECI- FICATIONS FOR.STRUCTURAL STEEL FOR BRIDGES AND BUILDINGS", ASTM A7 -58T. 3. WORKMANSHIP: THE CONTRACTOR SHALL SUBMIT TRIPLICATE CHECKED PRINTS OF ALL SHOP DRAWINGS FOR STRUCTURAL STEEL TO THE INSPECTING AGENCY FOR REVIEW. .. THESE DRAWINGS SHALL BE BASED ON.TME WORKING DRAWINGS AND SPECIFICATIONS AND SHALL INDICATE IN DETAIL ALL THE STRUCTURAL STEEL' FORMING . A PART OF THIS DIVISION OF THE WORK. THE INSPECTING AGENCY WILL RETURN TWO'(2) DRAWINGS', APPROVED OR CORRECTED. .. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE CORRECTNESS OF ALL SHOP DRAWINGS AND FOR ALL -SHOP FABRICATION, THE APPROVAL OR CORRECTION OF ANY . DRAWING SHALL NOT RELIEVE THE CONTRACTOR OF THE CORRECTNESS OF THE DRAWINGS OR THE STRENGTH OF ANY DETAILS ALL WORK SMALL BE CONDUCTED IN ACCORDANCE WITH THE ACCEPTED STANDARDS FOR ALL GOOD WORKMANSHIP OF THE BUILDING TRADES AND.CONSTRUCTION PRACTICE. PORTIONS OF STRUCTURAL STEEL EMBE D1)ED. IN CONCRETE SHALL NOT BE PAINTED, 'A CL STEEL WORK SHALL BE THOROUCMLY.CLEANED, BY .EFFECTIVE MEANS, OF ALL LOOSE MILL SCALE, RUST AND FOREIGN MATTER. EXCEPT WHERE ENCASED IN CONCRETE, ALL. , STEEL SHALL BE.GIVEN ONE SHOP COAT, OF RED LEAD AND OIL PAINT, APPLIED . THOROUGHLY AND EVENLY AND WELL WORKED INTO THE JOINTS AND OTHER OPEN SPACES•, .. ALL PAINT SMALL BE APPLIED.,TD DRY SURFACES. CONTACT SURFACES SHALL BE CLEAN - 'ED'.BEFORE ASSEMBLY,.BUT NOT PAINTED. AFTER ERECTION.WELOS AND BOLTS, ALL ABRASIONS TO THE SHOP COAT, SHALL.BE SPOT- PAINTED WITH THE MATERIAL USED F.OR� THE TOP COATy OR AN EQUIVALENT, AND ALL FOREIGN MATTER SHALL BE REMOVED* FINISH PAINTING SHALL BE AS SPECIFIED UNDER PAINTING. '.ALL.BOLTEO CONNECTIONS SHALL BE MADE WITN.'ORD IN ARY MACHINE BOLTS AND OF SUCH LENGTHS AS TO PROVIDE FULL GRIP BETWEEN NUT AND BOLT, AND THERE SHALL BE NO BEARING ON THE THREADED PART OF THE :BOLT# ALL MASONRY WALLS AND CON - CRETE BEAMS, ETC..SUPPORTING STEEL MEMBERS 'SMALL BE POURED UP TO THE POINT - OF SUPPORT WITH ALL ANCHOR BOLTS, METAL FITTINGS, ETC. IN PLACE BEFORE THE START OF STEEL ERECTION. THE CONTRACTOR SHALL PROVIDE ALL TEMPORARY CON- - - STRUCTION BRACING, SNORING, ETC. NECESSARY TO HOLD ALL STRUCTURAL STEEL IN PLACE DURING THE PROCESS OF CONSTRUCTION. AS THE ERECTION. PROGRESSES, THE - WORK SHALL BE SECURELY BOLTED -UP TO TAKE CARE-OF ALL DEAD LOAD, LATERAL FORCES AND ERECTION. ALL WELDING IN CONNECTION WITH FABRICATION OF STRUCTURAL STEEL SHALL - -- BE BY ELECTRIC SHIELDED -ARC METHOD, AND SHALL CONFORM TO THE PRACTICE- , 'RECOMMENDED BY CODE OF FUSION WELDING AND GAS CUTTING IN BUILDING CONSTRUC- TION OF THE AMERICAN WELDING SOCIETY. ALL WELDING RODS SHALL CONFORM WITH THE REQUIREMENTS OF THE 8ISPECIFI- - - CATIONS.FOR MILD STEEL ARC - WELDING ELECTRODES ", A.S.T.M...A233 -58T. ALL - DEFECTIVE WELDS OR UNSATISFACTORY PARTS SHALL BE CUT OUT AND REPLACED AT THE CONTRACTOR'S EXPENSE.- S55 SECTION 35 PRECAST_ CONCRETE MANHOLES: - 1. GENERAL: AT THE LOCATION SHOWN ON THE PLANS THE CONTRACTOR SHALL - - CONSTRUCT PRECAST CONCRETE MANHOLES APPURTENANT TO.SEWERAGE AND STORM -. - DRAINAGE FACILITIES OR AS OTHERWISE NOTED BY THE SPECIAL PROVISIONS, 2. MATERIALS: ' A PRECAST CONCRETE RINGS, CONES AND COVERS THE PRECAST CONCRETE - '- SECTIONS SHALL BE OF THE DIMENSIONS SHOWN ON THE PLANS AND SHALL - - BE MANUFACTURED BY ASSOCIATED CONCRETE PRODUCTS, INC., COSTA - -- . MESA, CALIFORNIA, OR APPROVED EQUAL. - - - - - (B) MANHOLE FRAMES AND COVERS - MANHOLE FRAMES AND COVERS SHALL BE OF` ` - THE TYPE AS SHOWN BY THE PLANS OR AS NOTED IN THE SPECIAL PRO- PRO- -: - - VISIONS VISIONS AND SHALL BE MANUFACTURED BY THE ALHAMBRA FOUNDRY CD., .. ALHAMBRAS CALIFORNI,AS OR APPROVED EQUAL-AND SHALL CONFORM TO _ -- . - - - 'SECTION 36 OF THESE 13ETAIL SPECIFICATIONS. - - -- . - (C) CEMENT.GROUT -- CEMENT GROUT SHALL BE COMPOSED OF ONE (1) PART BY - - - - -' - - VOLUME OF PORTLAND CEMENT AND TWO (2) PARTS BY VOLUME OF FINE. - - '- - - AGGREGATE MIRED IN ACCORDANCE TO.THE REQUIREMENTS FOR CEMENT MOR- TAR IN SECTION 22 OF THESE DETAIL SPECIFICATIONS. - - 3. CONSTRUCTION: THE REQUIRED PRECAST CONCRETE SECTIONS SHALL BE PLACED IN SUCH A COMBINATION OF -SIZES AS TO REQUIRE THE MINIMUM AMOUNT OF CEMENT GROUT TO RAISE THE MANHOLE. FRAME AND. COVER TO FINISH GRADE AT EACH LOCATION. -, - THE CONCRETE BASE PAD SHALL BE CLASS A CONCRETE .•AS SPECIFIED IN SECS - _ TION 23 OF THESE SPECIFICATIONS. - INVERT -CHANNELS SHALL BE SMOOTH,'ACCUR- -. ATELY SHAPED AND SHALL CONTAIN,NO - DEPRESSIONS - CAPABLE OF RETAINING WATER *. - THE INVERT MAY BE FORMED DIRECTLY IN THE CONCRETE OF THE MANHOLE BASE* E i t 1 i is S56' SECTION.36 CLAY PIPE SANITARY SEWERS: .. 1. . SCOPE: THE WORK COVERED BY THIS SECTION INCLUDES ALL PLANTS LABOR - MATERIALS* EQUIPMENTS EXCAVATION., BACKFILLp PAVEMENT REPLACEMENT AMC ALL IN- CIDENTAL WORK AND SERVICES REQUIRED IN CONNECTION WITH THE CONSTRUCTION OF SANITARY SEWERS AND APPURTENANCES SHOWN ON THE PLANS9- AND AS SPECIFIED IN. THESE SPECIFICATIONS AND SPECIAL PROVIS16NSI 2. PIPE.AND. FITTINGSt ALL- PIPE'AND FITTINGS SHALL BE OF THE SIZE AND KIND SHOWN ON THE DRAWINGS. UNLESS OTHERWISE SPECIFIEDV THE COST OF FITTING SHALL SE.IMCLUDEO IN THE PRICE 810 PER FOOT FOR PIPE IN PLACE. - ALL.SA'NITARY SEWERS SHALLs, UNLESS OTHERWISE SPECIFIED, BE CONSTRUCTED WITH BEST QUALITY VITRIFIED, CLAY PIPE (V.C.P.), BURNED ENTIRELY THROUGHs FREE - FROM WARPS CRACKSs BLISTERS OR OTHER DEFECTS, SMOOTH ON THE EXTERIOR AND IN -. TERIOR SURFACEV AND HAVING A METALLIC RING WHEN STRUCK WITH A HAMMER. THE PIPE SHALL, UNLESS OTHERWISE SPECIFIEDS BE EXTRA STRENGTH, BELL AND SPIGOT - - TYPE IN STANDARD COMMERCIAL LENGTHS. THE PIPE SHALL MEET THE REQUIREMENTS FOR CLAY PIPE INSTITUTE STANDARD EXTRA STRENGTH . CLAY PIPE AMC ASTM DESIGNA- TION: C -200. . .PRIOR TO-STARTING WORK OR AT ANY TIME DURING CONSTRUCTION# THE MANU- FACTURER SUPPLYING THE PIPEp IF REQUESTED BY THE INSPECTION AGENCYt SHALL FUR- NISH CERTIFIED TEST REPORTS THAT ANY AND ALL PIPE FURNISHED MEETS THE REQUIRE MENTS. OF THIS SECTION. - - 3. PAVEMENT _REMOVAL: ALL EXISTING PAVEMENT. CURBSS. GUTTERSo DRIVEWAYS AND S. ID EWALKS TO BE REMOVED SHALL BE CUT PARALLEL OR PERPENDICULAR TO CENTER LINE OF IMPROVEMENT. ALL PAVEMENT TO BE REMOVED SMALL BE CUT SO AS TO LEAVE A STRAIGHT UNIFORM EDGE FOR THE REPLACEMENT OF THE PAVEMENT. CONCRETE MATER- - - IALS SHALL BE CUT WITH A CONCRETE SAW TO A MINIMUM DEPTH OF I INCH. BITUM- INOUS MATERIALS SHALL BE CUT WITH TOOLS THAT HAVE A STRAIGHT TRUE EDGE AND . IN SUCH A MANNER THAT THE ADJACENT PAVEMENT NOT BEING REMOVED IS NEITHER, RAISED OR DEPRESSED. - CONCRETE OR BITUMINOUS MATERIAL THAT HAS BEEN REMOVED SHALL NOT BE USED AS BACKFILL IF GREATER THAN 3 INCHES IN SIZE. 4. EXCAVATION: THE CONTRACTOR SHALL REMOVE ALL PIPESo TREES, STONESp ' DEBRIS AND OTHER OBSTRUCTIONS THAT MAY BE ENCOUNTERED IN MAKING THE EXCAVA- TION. THE EXCAVATION SHALL BE MADE TRUE TO LINE AND GRADES AND. SHALL BE MADE' A SUFFICIENT DISTANCE BELOW THE DEPTH INDICATED BY THE GRADE LINE ON THE PRO- - Fi LE TO ALLOW FOR THE PLACING OF THE PIPE INVERT. (THE GRADE SHOWN ON THE . PROFILES IS THE FLOW LINE OF THE PIPE). -- - ALL TRENCHES SHALL BE AT LEAST 12 INCHES WIDER THAN.THE OUTSIDE DIAMETER OF THE PIPE.' EXCEPT AS ALLOWED BY THE INSPECTING AGENCY, THE TRENCH AT THE END . OF EACH DAY SHALL NOT BE EXCAVATED MORE THAN 100 FEET IN ADVANCE OF THE PIPE LAYINGo NOR LEFT UNFILLED FOR MORE THAN 100 FEET WHERE THE PIPE HAS BEEN LAID, EXCEPT WHERE SAID TRENCH DOES NOT RUN IN PUBLIC RIGHT OF WAY. THE TRENCH BOTTOM SHALL BE GRADED TO PROVIDE A. SMOOTH$ FIRM AND STABLE FOUNDATION TO FIT THE BOTTOM OF THE PIPE AT EVERY POINT THROUGHOUT THE LENGTH OF THE PIPE, EXCAVATIONS SHALL BE MADE FOR THE BELLS TO INSURE THE PIPE RESTING FOR ITS EN- TIRE LENGTH UPON THE FIRM FOUNDATION. WHERE THE EXCAVATION HAS BEEN MADE DEEP- ' ER THAN NECESSARY, CRUSHED STONE OR SAND, WITH A SAND EQUIVALENT VALUE OF NOT LESS THAN 30, SHALL BE COMPACTED ON THE SOLID TRENCH BOTTOM PRIOR TO LAYING THE - PIPE. ALL SOFTp SPONGYp AND UNSTABLE MATERIAL IN THE BOTTOM OF THE TRENCH SHALL BE REMOVED TO A DEPTH NOT EXCEEDING 2 FEET AND REPLACED WITH SAND OR GRAVEL. ROCK, WHERE ENCOUNTERED IN THE TRENCH BOTTOM, SHALL BE REMOVED TO A 8 -63 S57 DEPTH OF AT LEAST 4 INCHES BELOW THE BOTTOM OF THE PIPE AND REPLACED WITH SAND OR GRAVEL. ALL REPLACEMENT MATERIAL UNDER THE PIPE SHALL HAVE A SAND EQUIVALENT' VALUE OF NOT LESS THAN 30 AND SHALL BE MOISTENED AND TAMPED TO PROVIDE A FIRM AND STABLE FOUNDATION. THE COST, OF THE LABOR AND MATERIAL TO PROVIDE THE FIRM,, STABLE FOUNOA� TION HEREIN SPECIFIED SMALL BE INCLUDED -IN THE UNIT PRICE,810 FOR THE SIZE OF PIPE LAID THEREON. - ALL EXCAVATION SHALL BE SUPPORTED IN THE MANNER SET FORTH IN THE RULESP ORDERS AND REGULATIONS PRESCRIBED BY. THE CALIFORNIA INDUSTRIAL ACCIDENT COM- MISSION. WHERE .SHEET PILING IS USED. IT SHALL BE WITHDRAWN IN SUCH A. MANNER AS TO AVOID ANY DISTURBANCE OF THE PIPE OR STRUCTURE. THE CONTRACTOR SHALL FURNISH INSTALL AND OPERATE SUCH PUMPS,, WELL POINTS OR OTHER DEVICES AS MAY BE NECESSARY TO REMOVE ANY SUB - SURFACE WATER SEEPAGE,, STORM WATER OR SEWAGE THAT MAY BE ENCOUNTERED DURING CONSTRUCTION. THE TRENCHES AND OTHER EXCAVATIONS SHALL BE KEPT FREE FROM WATER WHILE CON - CRETE OR PIPE IS BEING INSTALLED, WATER SHALL BE DISPOSED OF IN SUCH A - MANNER AS TO CAUSE NO INJURY TO PUBLIC OR PRIVATE PROPERTY,, NOR BE A MENACE TO PUBLIC HEALTH. UNLESS OTHERWISE - SPECIFIED,, ALL DEWATERING SHALL BE IN- CLUDED IN THE UNIT PRICES 810 FOR THE PIPE IN PLACE* 5, PIPE LAYING AND JOINTING: ALL SEWERS SHALL BE LAID TRUE TO LINE AND GRADE WITH BELLS UPGRADE ,,. AND IN .ACCORDANCE WITH THE REQUIREMENTS SET FORTH IN THE LATEST ISSUE OF THE VITRIFIED CLAY PIPE ENGINEERING HANDBOOK PUBLISH - ED BY THE CLAY PIPE INSTITUTE.- - - - IN ORDER TO INSURE A TRUE LINE AND GRADE,, GRADE STAKES SHALL BE SET EVERY 25 FEET,, AND THE POPE SHALL BE LAID THROUGH THE MANHOLE WHENEVER POSS- I8LE. EACH PIPE SHALL BE INSPECTED FOR DEFECTS. BEFORE BEING LOWERED INTO THE TRENCH. THE PIPE SHALL BE THOROUGHLY CLEAN SO THAT JOINTING COMPOUNDS WILL ADHERE. - - - UNLESS OTHERWISE SPECIFIED,, THE JOINTS FOR ALL VITRIFIED CLAY PIPE SHALL BE EITHER HOT - POURED - BITUMINOUS COMPOUND JOINTS OR FACTORY FORMED PLASTIC JOINTS. HOT- POURED JOINTS SHALL BE �KOP -PERS BITUMASTIC JOINT COMPOUND CPI -2,, ATLAS.JC -60 COMPOUND,, OR APPROVED EQUAL. JOINT PRIMER AND COMPOUND ARE TO . BE APPLIED IN STRICT CONFORMITY WITH THE 'DIRECTIONS OF THE MANUFACTURERS. _. HOT- POURED COMPOUND JOINTS. SHALL HAVE A SUITABLE,, CLOSELY TWISTED HEMP OR OAKUM GASKET PLACED AROUND THE PIPE AND LAPPED AT THE TOP. THE GASKET SHALL BE RAMMED SOLIDLY INTO THE ANNULAR- SPACE - WITHIN THE SOCKET OF THE PIPE WITH A CAULKING TOOL. THE DEPTH OF JOINT OCCUPIED BY THE GASKET SHALL NOT EXCEED 25 PERCENT OF THE'SOCKET. 'OR BELL DEPTH, A- SUITABLE RUNNER SHALL BE. PLACED AROUND THE PIPE TO CLOSE THE SOCKET OPENING. THE JOINT.COMPOUND SHALL BE HEATED TO APPROXIMATELY 4500 F. AND POURED INTO THE JOINT IN SUCH MANNER THAT THE ANNULAR SPACE WILL BE COMPLETELY FILLED*: PLASTIC JOINTS SHALL BE AN APPROVED TYPE.,OF'INTERLOCKING* RES.ILIENT, MECHANICAL COMPRESSION JOINT,, FORMED ON:THE PIPE AT THE FACTORY$ AND MADE OF PLASTISOL,(POLYVINYL CHLORIDE) TO SPECIFICATIONS ESTABLISHED. BY THE NATIONAL CLAY PIPE RESEARCH CORPORATION. 6: BACKFILLING: ALL SACKFILLING SHALL BE DONE IN SUCH A MANNER AS TO NOT DISTURB THE PIPE OR, ADJACENT STRUCTURES,, -AND TO INSURE WORK.AGAINST SUBSE- QUENT SETTLEMENT. IN ALL CASES THE BACKFILLING AROUND THE PIPE SHALL BE CARRIED UP TO A DEPTH OF ONE FOOT ABOVE THE TOP OF THE PIPE BY MANGO WITH EARTH OR SAND FREE - FROM STONES, BOULDERS# OR LUMPS. THIS MATERIAL SMALL HAVE A SAND EQUIVALENT OF NOT LESS THAN 30 AND SMALL BE SOLIDLY COMPA: TED BY TAMPING# OR OTHER APPRCV- ED METHODS, BELOW THE SPRING LINE OF PIPE• - - COMPACTION OF BACKFILL BY PONDING AND JETTING WILL-BE PERMITTED WHEN THE MATERIAL HAS A SAND EQUIVALENT OF AT LEAST 30.. ' If LESS THAN 300 PONDINO A'ND _ JETTING WILL BE PERMITTED BY THE INSPECTING.AGENCY WHEN IT DETERMINES THAT THE - MATERIAL. IS OF SUCH CHARACTER THAT IT WILL BE SELF- DRAINING WHEN COMPACTED AND THE FOUNDATION MATERIALS WILL NOT SOFT£N_OR BE OAMAGED.BY THE APPLIED WATER. WHEN PONDING AND JETTING.IS PERMITTEO# MATERIAL FOR USE AS BACKFILL SHALL BE PLACED AND COMPACTED IN LAYERS -NOT EXCEEDING 4_FEET IN THICKNESS. ALL BACKFILLING SHALL BE PERFORMED WITHOUT DAMAGE TO EXISTING STRUCTURES AND EM- BANKMENT. PONDING AND JETTING METHODS SMALL BE SUPPLEMENTED BY THE USE OF VIBRATORY OR OTHER COMPACTION. EQUIPMENT WHEN NECESSARY TO OBTAIN THE REQUIRED COMPACTION. WHEN THE BACKFILL MATERIAL HAS A SAND EQUIVALENT OF LESS THAN 30 AND IS NOT DEEMED SATISFACTORY FOR COMPACTION BY PONDING OR JETTING, THE BACKFILL -SHALL BE COMPACTED MECHANICALLY IN LAYERS. NOT EXCEEDING 8 INCHES. IN DEPTH. EACH LAYER OF BACKFILL SHALL BE COMPACTED TO A RELATIVE COMPACTION OF NOT LESS THAN 90 PER CENT. AS DETERMINED. BY-THE CALIFORNIA. IMPACT TEST# 5 LAYER METHOD. FOR ALL EXCAVATIONS WITHIN STREET RIGHTS -OF -WAY THE TOP 30 INCHES OF - 'BACKFILL SMALL BE COMPACTED TO .A RELATIVE COMPACTION OF NOT LESS THAN 90 PER - . - ..CENT. THIS OPERATION SHALL INCLUDE ANY SCARIFYING# RESHAPING# ROLLING WETTING - - - OR DRYING OF THE BACKFILL MATERIAL REQUIRED TO OBTAIN THE SPECIFIED COMPAC- - 7. PAVEMENT REPLACEMENTS .IMMEDIATELY AFTER BACKFILLING# THE .CONTRACTOR SHALL INSTALL A TEMPORARY.I INCH OR MORE BITUMINOUS SURFACE IN AREAS WHER.E - - EXISTING PAVEMENT HAS BEEN REMOVED. THE TEMPORARY RESURFACING SHALL BE MAIN- TAINED IN A SAFE AND NEAT CONDITI.ON UNTIL THE PERMANENT REPLACEMENT HAS BEEN - -. CONSTRUCTED. - -- - BASE. MATERIAL SMALL BE REPLACED IN KIND. WITH CLASS 2 AGGREGATE CONFORM- ING TO SECTION 12 OF THESE SPECIFICATIONS BEFORE PLACING THE PERMANENT PAVE- MENT. - - - CONCRETE PAVEMENT SHALL BE REPLACED IN KIND WITH CONCRETE CONFORMING TO THE REQUIREMENTS OF SECTION 23 OF THESE SPECIFICATIONS. BITUMINOUS PAVE- MENT SHALL BE REPLACED WITH ASPHALT CONCRETE CONFORMING TO THE REQUIREMENTS- OF SECTION 21 OF THESE SPECIFICATIONS TO A COMPACTED THICKNESS I INCH GREAT- - ER.THAN THE ADJACENT PAVEMENT. UNLESS OTHERWISE. PROVIDED# THE.COST OF PAVEMENT REPLACEMENT. SMALL BE - - -. INCLUDED IN THE PRICE 810 PER FOOT FOR PIPE IN PLACE. - - 8 -fi3 ` S59 SECTION 37 CAST IRON SEWERS AND FORCE MAINS: I. GENERAL: THE WORK.COV£RED BY THIS SECTION INCLUDES ALL PLANTS, LABOR MATERIALSO EO,UIPMEMTv EXCAVATIONS BACKFILLS, PAVEMENT REPLACEMENT AND ALL INCIDENTAL WORK AND SERVICES REQUIRED IN CONNECTION WITH THE CONSTRUCTION OF SANITARY SEWERS AND FORCE MAINS SHOWN ON THE PLANS, AND AS SPECIFIED IN THESE SPECIFICATIONS AND SPECIAL PROVISIONS. .. 2. PIPE AND FITTINGS. CAST IRON BELL AND SPIGOT SOIL SHALL MEET THE SPECIFICATION OF A.S.A. DESIGNATION A40.1. CAST IRON FORCE MAIN SHALL BE "ROLL ON JOINT PIPE" OF A TYPE APPROVED BY THE INSPECTING AGENCY. . .. ALTERNATE TYPES OF PIPE WILL BE CONSIDERED,BY THE INSPECTING AGENCY IF EQUAL IN PURPOSE AND RESULTS IN SAVINGS TOTHE OWNER. 3. JOINTS: JOINTS IN CAST IRON SOIL PIPE SHALL CONSIST OF BEST QUALITY LONG FIBRES CLEANS DRY JUTE OR OAKUM AND SOFT PIG LEAD CONFORMING TO SPECI- FICATIONS OF A.S.T.M. -B29 (LATEST REVISION). THE JOINT SMALL BE CAULKED AND THE LEAD POURED IN A WORKMANLIKE MANNER AND TO THE APPROVAL Of THE INSPECTING AGENCY. JOINTS FOR CAST IRON FORCE MAIN SMALL BE OF THE ROUND RUBBER GASKET TYPE AND SHALL BE CAULKED WITH BRAIDED JUTE AND SEALED WITH BITUMINOUS .JOINT COM- POUND. .. 4. PAVEMENT REMOVAL AND REPLACEMENT: ALL PAVEMENT REMOVAL AND REPLACEMENT, UNLESS OTHERWISE SPECIFIED# SHALL. SE IN ACCORDANCE WITH SECTION 36 OF THESE DETAIL SPECIFICATIONS. 5. EXCAVATION AND BACKFILLs ALL EXCAVATION AND BACKFILL SMALL, UNLESS OTHERWISE SPEC,IFIED� BE IN ACCORDANCE WITH SECTION 36 OF THESE 'DETAIL SPEC K FICATIONS. i 8 -63 S60 SECTION 39 CORRUGATED METAL.PIPE: . I. GENERAL: THE WORK COVERED.BY THIS SECTION INCLUDES ALL PLANTS LABORS MATERIALSp EQUIPMENTS EXCAVATION* BACKFILL AND ALL INCIDENTAL SERVICES RE- QUIRED IN CONNECTION WITH THE CONSTRUCTION OF CORRUGATED MBTAL'PIPE DRAINS SHOWN ON THE PLANSv AND.AS NOTED BY THESE DETAIL SPECIFICATIONS AND SPEC- IAL PROVISIONS. - 2. MATERIAL: ALL CORRUGATED METAL PIPE SHALL CONFORM TO AASHO OESIGHA- TION M -36 AND UNLESS OTHERWISE SPECIFIED SHALL BE COATED 'WITH AN ASPHALTIC . PIPE DIP AT THE PLANT BEFORE BEING SHIPPED. THE QUALITY AND CHARACTER OF THE DIP AND THE METHOD OF APPLICATION, SHALL BE SUCH THAT THE COATING ON _ THE PIPE WILL BE TOUGH AND PLIABLE AND ADHERE FIRMLY TO THE SPELTER. CORRUGATED METAL PIPE SHALL BE FABRICATED FROM GALVANIZED SHEETS MADE FROM ANY ONE OF THE BASE METALS LISTED IN AASHO DESIGNATION M-36, THE GAUGE OF - - SHEETS$ UNLESS OTHERWISE SPECIFIED,, SHALL CONFORM TO SECTION 66 OF THE STATE STANDARD SPECIFICATIONS. 3. INSTALLATION: AT THE TIME OF INSTALLATIONS METAL SECTIONS SHALL BE . NEWS FULL - CIRCLED AND FREE FROM DEFECTS CAUSED BY MISHANDLING. THE SECTIONS SHALL BE LAID WITH THE SEPARATE SECTIONS_JOINEO FIRMLY TOGETHERs WITH OUT SIDE LAPS OF CIRCUMFERENTIAL - JOINTS.POINTING UPSTREAM AND WITH LONGITUDINAL LAPS ON THE SIDES* ANY METAL IN THE.JOINTS WHICH IS NOT PROTECTED THOROUGH -- _ - - `.LYS SHALL BE COATED WITH 'A SUITABLE ASPHALT PAINT. - - TRENCHES SHALL BE PREPARED TO REQUIRED LINE.AND. GRADE AND PROPER FACILI— _ TIES SHALL BE PROVIDED FOR LOWERING THE PIPE INTO THE TRENCHES. PIPE SHALL- - -- BE CONTINUOUSLY SUPPORTED ON THE TRENCH BOTTOM AND BLOCKING WILL NOT BE PER MITTED. DURING INSTALLATIONS THE PIPE SHALL BE HANDLED WITH CARE. COUPLING - - - BAND BOLTS AND OAMAGEO.AREAS OF THE COUPLING BANDS AND -PIPE SMALL BE GIVEN .A COATING OF APPROVED ASPHALTIC MATERIAL PRIOR TO PLACING OF BACKFILL. ALL - BACKFILL SHALL BE COMPACTED TO .906 OF MAXIMUM DENSITY IN, ACCORDANCE WITH . . SECTION -9 Of THESE DETAIL SPECIFICATIONS.. S61 SECTION 40 ELECTRICAL SYSTEMS: 1. GENERAL: THE CONTRACTOR SHALL FURNISH AND INSTALL THE FOLLOWING ELEC TRICAL WORK AS SHOWN ON THE DRAWINGS ANO/OR SPECIFIED .HEREIN: (A) POWER AND LIGHT SERVICE CONDUITS AND WIRES. (B) POWER AND LIGHT SWITCHBOARDS, PANEL BOARDS, FEEOERS,.SUB- FEEOERS,. . CIRCUITS AND DISTRIBUTION. (C) CONNECTIONS TO MOTOR EQUIPMENT. (D) WIRING DEVICES AND PLATES.' (E) LIGHTING FIXTURES AND LAMPS. 2. PERMITS, ORDINANCES AND RULES: ALL WORK _INSTALLED UNDER THIS SECTION SHALL COMPLY WITH THE RULES OF THE NATIONAL BOARD OF FIRE UNDERWRITERS, CALIFORNIA STATE. INDUSTRIAL ACCIDENT COM.MISSION,. AND THE LOCAL AUTHORITY .. HAVING JURISDICTION. OBTAIN AND PAY. FOR ALL PERMITS AND INSPECTIONS. 3. MATERIALS: ALL MATERIALS SHALL BE OF THE QUALITY HEREIN SPECIFIED* ALL MATERIAL SMALL BE NEW, OF THE BEST QUALITY AND FREE FROM DEFECTS, AND SHALL BE APPROVED BY THE UNDERWRITERS LABORATORIES FOR THE PURPOSE FOR WHICH THEY ARE TO BE USED. EACH TYPE OF MATERIAL SHALL BE OF SAME MAKE AND QUALITY THROUGHOUT THE PROJECT.' 4. RESPONSIBILITY: THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE SAFETY AND GOOD CONDITION OF ALL MATERIALS AND EQUIPMENT OF THE ENTIRE INSTALLATION UNTIL FINAL ACCEPTANCE BY THE OWNER. 5. LOCATIONS: THE LOCATION OF. CONDUITS, OUTLETS AND EQUIPMENT INDICATED ON THE DRAWINGS IS APPROXIMATE ONLY AND SHALL BE CHANGED TO SUIT .CONDITIONS, ON THE JOB, OR REARRANGEMENT OF EQUIPMENT AS DIRECTED. 6. CUTTING AND PATCHING: DO ALL CUTTING. AND PATCHING OF ROUGH AND FINISH CONSTRUCTION; APPROVED BY THE INSPECTING AGENCY, AND WHICH IS REQUIRED FOR THE INSTALLATION OF THE ELECTRICAL WORK. PATCHING SHALL MATCH THE SURROUND - ING MATERIAL AND FINISH. ALL EQUIPMENT SHALL BE LEFT IN A CLEAN CONDITION. 7. RECORD DRAWINGS: PROVIDE AND MAINTAIN ONE (1) COMPLETE SET OF BLUE- PRINTS OF ALL ELECTRICAL DRAWINGS WHICH FORM. A,PART.OF THIS CONTRACT. IMMEDIATELY AFTER WORK IS INSTALLED, CAREFULLY DRAW ON THESE PRINTS, .,IN INK, . ANY AND ALL WORK WHICH IS INSTALLED. DIFFERENTLY FROM THAT INDICATED. 8. SHOP DRAWINGS: SUBMIT TO THE OWNER FOR APPROVAL FOUR (4) COPIES OF SHOP DRAWINGS FOR SPECIAL EQUIPMENT, SWITCHBOARDS, PANELBOAROS, "ANDAS SPECIFICALLY REQUIRED HEREIN. 9. EXCAVATION AND BACKFILL: THE CONTRACTOR SHALL DO ALL EXCAVATION AND BACKFILL REQUIRED TF INSTALL THE WORK. UNDERGROUNO.CONDUITS SHALL BE NOT LESS. THAN 18 INCHES BELOW FINISH GRADE. ALL EXCAVATION AND BACKFILL SHALL. BE IN ACCORDANCE WITH SECTION 9 OF THESE. DETAIL SPECIFICATIONS., 10, CONDUIT AND FITTINGS: ALL ELECTRICAL CONDUIT FOR USE IN UNDERGROUND AND EXPOSED INSTALLATIONS SHALL BE OF A TYPE APPROVED FOR USE IN CORROSIVE ATMOSPHERES AND SHALL HAVE WATERTIGHT COMPRESSION TYPE FITTINGS. CONDUIT SMALL. BE CONNECTED WITH DOUBLE LOCKNUTS AND BUSHINGS. 8 -63 f s ,; WIREd ALL WIRE SHALL BE 1W COPPER WIRE OF NOT LESS THAN 98% CON000- i SECTION 41 'WATER SYSTEMS: 1. GENERAL: THE WORK COVERED BY THIS SECTION INCLUDES ALL PLANTS=LABOR, MATERIALS, EQUIPMENT, EXCAVATION, BACKFILL, PAVEMENT REPLACEMENT, AND ALL .. .INCIDENTAL WORK AND SERVI CES REQUIRED IN CONNECTION WITH THE CONSTRUCTION. OF WATER DISTRIBUTION SYSTEM AS SHOWN ON THE PLANS AND SPECIFIED HEREIN. 2. PIPING MATERIALS: ALL LINES.211 OR SMALLER•SNALL BE STANDARD COPPER PIPE OR POLYVINYL CHLORIDE PLASTIC PIPE. ALL LINES OVER 211 INCHES SHALL BE CLASS 150 CAST. IRON PIPE, FEDERAL, SPECIFICATION WW- P -421A, STANDARD WEIGHT, THIN CEMENT -LINED WITH BELL AND SPIGOT END CONNECTIONS, OR CLASS 150 ASBESTOS - CEMENT WATER Pint AWWA -0400. . 3. FIRE HYDRANTS: WHARF TYPE FIRE HYDRANTS SMALL BE CONSTRUCTED AT THOSE LOCATIONS SHOWN ON THE DRAWINGS - IT" HYDRANTS SHALL BE MODEL ii119 AND 411 HYDRANTS SHALL BE MODEL #124o AS MANUFACTURED BY THE 11GREENBERG CO." *OR APPROVED EQUAL. 4. VALVES, FITTINGS AND MISCELLANEOUS APPURTENANCES: THE CONTRACTOR SHALL SUBMIT TO THE OWNER FOR APPROVAL, SCHEMATIC DRAWINGS OF THE WATER DISTRIBU- TION SYSTEM .AS SHOWN ON THE PLANS, INCLUDING SPRINKLER SYSTEM AND DOCKSIDE WATER FACILITIES, SHOWING TYPE AND MODEL OF ALL VALVES, VALVE .BOXES, VIC- TAULIC COUPLINGS, BACKFLOW PREVENTERSO HOSE BIBBS, ANGLE VALVES AND SPRINK- LER HEADS. BACKFLOW PREVENTERS SMALL BE 11FEDC011 #792 OR APPROVED EQUAL, ! i 5.. PIPE LAYING AND JOINTING: PIPE SECTIONS SHALL BE LAID IN THE TRENCH TO TRUE ALIGNMENT AND GRADE. PIPE SHALL BE SO LAID THAT ALL HIGH OR LOW ''POINTS ARE LOCATED AT FIRE. HYDRANTS OR AIR RELEASE VALVES. CONCRETE THRUST BLOCKS SHALL BE INSTALLED IN EVERY INSTANCE WHERE THE. DIRECTION OF THE PIPE CM ANGES 15 DEGREES OR MORE AT ANY JOINT OR FITTING, AT ALL FIRE HYDRANTS, AT STUB ENDS OF PIPES., BEARING AREAS OF THRUST BLOCKS SHALL BE COMPUTED ON BASIS OF 225 P.S.I. INTERNAL PIPE PRESSURE. AT ALL TIMES WHEN THE WORK OF INSTALLING PIPE IS NOT IN PROGRESS, ALL OPENINGS INTO THE ENDS OF THE PIPE SMALL BE KEPT TIGHTLY CLOSED TO PREVENT ENTRANCE OF FOREIGN MATTER., THE CONTRACTOR SHALL MAINTAIN THE INSIDE OF THE PIPE IN A CLEAN AND . SANITARY CONDITION UNTIL ITS ACCEPTANCE BY THE OWNER. . ASBESTOS CEMENT PIPELINES SHALL BE' PROVIDED "WITH'NO. 14 AWG BARE COPPER WIRE LAID ALONG THE -TOP. OF THE PIPE AND HELD IN PLACE WITH TIES OR HITCHES OF THE SAME KIND OF WIRE.:, THE TIES OR HITCHES SHALL BE SPACED NOT MORE THAN 13 FEET APART. THE.COPPER WIRE IS TO BE USED.IN THE FUTURE AS MEANS OF LOCATING THE PIPE WITH AN ELECTRONIC TYPE PIPE LOCATOR. ALL JOINTS SHALL BE INSTALLED.IN STRICT ACCORDANCE WITH THE MANUFAC- TURER'S RECOMMENDATIONS. - - - 6. TEST FOR LEAKAGE: THE CONTRACTOR SHALL TEST ALL PRESSURE PIPING IN THE PRESENCE OF THE INSPECTING AGENCY. THE PIPE SHALL BE% CENTER LOADED AND ALL JOINTS EXPOSED DURING THE.TEST. THE TEST SHALL CONSIST OF HOLDING THE - TEST PRESSURE IN EACH SECTION OF THE LINE TESTED FOR A' PERIOD OF TWO HOURS* _ THE TEST PRESSURE AT THE LOWER END OF EACH LINE TESTED SHALL B.E 225 P.S.1.�� UNLESS OTHERWISE DIRECTED. THE WATER NECESSARY*TO MAINTAIN THIS PRESSURE - SMALL BE MEASURED THROUGH A METER OR BY OTHER MEANS SATISFACTORY TO THE ' INSEPCTING AGENCY. .ANY NOTICEABLE LEAKS SHALL BE STOPPED, AND ANY DEFECT- IVE PIPE SHALL BE REPLACED WITH NEW SECTIONS• - - 8 -63 S64 7. DISINFECTING PIPE LINES: THE CONTRACTOR SHALL DISINFECT THE LINES BY CHLORINATION AFTER THE LINES HAVE BEEN TESTED FOR LEAKAGEp FLUSHED AND BE- FORE THEY.HAVE BEEN CONNECTED TO THE EXISTING SECTION. - CHLORINATED WATER SHALL BE RETAINED IN THE PIPE LINE LONG ENOUGH TO ". DESTROY ALL NON SPORE - FORMING BACTERIA. THIS PERIOD SHALL BE AT LEAST 24 - HOURS. AFTER THE CHLORINE- TREATED WATER HAS BEEN RETAINED FOR THE REQUIRED TIMES THE CHLORINE RESIDUAL, AT PIPE EXTREMITIES SHALL BE -AT LEAST 25 P.P.M. ALL OISINFECTI*NG PROCEDURES UNLESS OTHERWISE SPECIFIED SHALL BE IN ACCORD- ANCE NITH AWWA DESIGNATION C601 -54. FOLLOWING CHLOR.INATIONS ALL TREATED' ,.WATER SHALL*BE THOROUGHLY FLUSHED FROM THE PIPE LINE AT ITS EXTREMITIES. 8. CONNECTIONS TO EXISTING MAINS: THE CONTRACTORM BEFORE CONNECTING TO EXISTING MAINSS'SHALL INSURE AT THE CITY OF NEWPORT BEACH WATER DEPARTMENT" .. FOR ANY REQUIREMENTS REGARDING THE TAPPING OF THEIR DISTRIBUTION SYSTEM. WET CONNECTIONS SHALL BE MADE BY TAPPING,.THE EXISTING LINES WHILE THEY ARE UNDER PRESSURE, AND THE TAPPING PROCEDURE "SHALL BE SCHEDULED SO AS NOT TO INTERFERE WITH THE NORMAL OPERATION OF THE EXISTING LINE. THE DRY CONNECTION TO EXISTING FACILITIES SHALL BE MADE AT TIMES WHICH WILL CAUSE THE LEAST INCONVENIENCE. TO THE WATER CONSUMERSO AND SHALL BE PLANNED IN SUCH A MANNER THAT THE . DURATION OF ANY SHUTDOWN WILL -BE KEPT TO -A MINIMUM. WHEN A DRY CONNECTION TO EXISTING MAIN IS MADE ABOUT TWO OUNCES OF HTH SHALL BE- PLACED IN THE PIPE AT EACH POINT WHERE THE EXISTING MAIN IS CUT. ALL N €W PIPE AND FITTINGS AT THE CONNECTION SHALL BE SWABBED INTER- -. RALLY WITH AN APPROVED CHLORINE SOLUTION. ALL CONNECTIONS SHALL BE MADE IN '. THE PRESENCE OF THE INSPECTING AGENCY. - 8 -63 S65 SECTION 43 PAINTING: 1. GENERAL: ALL MATERIALS AND WORKMANSHIP SHALL BE THE BEST IN THEIR GRADE IN STRICT ACCORDANCE•WITH MODERN PRACTICE, AND ALL WORK SHALL 'Be DONE UNDER THE SUPERVISION OF A CAPABLE FOREMAN. NO EXTERIOR PAINTING SMALL BE DONE UNDER CONDITIONS WHICH JEOPARDIZE THE APPEARANCE OR.QUAL.ITY OF THE PAINTING OR FINISHING IN ANY WAY, AND THE . INSPECTING AGENCY SHALL HAVE THE RIGHT TO REJECT ALL MATERIAL OR WORK THAT IS UNSATISFACTORY AND SHALL RESERVE THE RI GMT. AT ALL TIMES TO REPLACE EITHER, OR.BOTHj AT THE EXPENSE Of THE CONTRACTOR. IT IS THE INTENT OF THESE SPECIFICATIONS TO INCLUDE ALL PAINTING OF . .METAL AND TIMBER SURFACES AS SHOWN ON THE PLANS OR NOTED IN THE SPECIAL PRO- VISIONS. SPECIFIED PAINT FINISHES ARE IN AODITIION TO SHOP COATS OF PRIMERS MEN- . TIONED IN OTHER SECTIONS OF THESE SPECIFICATIONS. THE WORK INCLUDES THE PAINTING OF ALL EXPOSED METAL WORK AS CALLED FOR HEREIN AND NOT ESPECIALLY INCLUDED AS A PART OF OTHER SECTIONS. THE CONTRACTOR SHALL INCLUDE IN HIS WORK THE FURNISHING OF LABOR, MAT- ERIALS, APPARATUS, SCAFFOLDING,.ERECTION AND CARTAGE NECESSARY TO SUPPLY, 'MIX AND COMPLETE THE PAINTING SHOWN ON THE PLANS OR CALLED FOR HEREIN. 2. MATERIALS: ALL MATERIALS USEDp EXCEPT AS OTHERWISE SPECIFIED SHALL BE AS MANUFACTURED BY W.P. FULLER COMPANY, NATIONAL LEAD COMPANY, SHERWIN- WILLIAMS COMPANY OR 'APPROVED EQUAL. ALL MATERIALS SPECIFIED SHALL BE DE- LIVERED UNOPENED AT THE JOB IN THEIR ORIGINAL CONTAINERS. NO PAINT, VARNISH OR STAIN SHALL BE REDUCED OR APPLIED IN ANY WAY EXCEPT AS HEREIN SPECIFI- CALLY CALLED FOR OR AS RECOMMENDED BY THE MANUFACTURER. 3. PREPARATION OF SURFACES: ALL SURFACES SHALL BE IN PROPER CONDITION TO RECEIVE FINISH., WOODWORK SHALL BE MANOSANDED AND DUSTED CLEAN. ALL KNOT HOLES, PITCH POCK.ETS OR SAPPY PORTIONS SHALL BE SHELLACKED OR SEALED WITH KNOT.SEALER. NAIL HOLES, CRACKS OR DEFECTS SHALL BE CAREFULLY PUTTIED AFTER FIRST COAT. WITH PUTTY MATCHING COLOR OF STAIN OR PAINT. METALS SHALL BE CLEAN, DRY AND FREE FROM MILL SCALE AND, RUST. REMOVE ALL GREASE AND OIL FROM SURFACES. UNPRLI MED GALVANIZED METAL SHALL Be WASH - ED WITH A SOLUTION OF "GALVATEK" AND ALLOWED :TO DRY. 4. . COLORS ANO SAMPLES: ALL COLORS SHALL BE SELECTED BY THE HARBOR MANAGER. THE CONTRACTOR SHALL SUBMIT TO THE HARBOR MANAGER FOR HIS APPROVAL FINISHED ., SAMPLES. WORK SHALL MATCH APPROVED COLORS AND SAMPLES. 8 -63 SECTION 44 LANDSCAPING. I. GENERALS WORK UNDER THIS SECTION SHALL INCLUDE ALL LABOR, EQUIPMENT AND MATERIALS SHOWN ON THE PLANS, SPECIFIED HEREIN OR INCIDENTAL TO FULLY COMPLETE ALL WORK OF SITE PREPARATION, ,GRADING AND PLANTING OF LAWN, GROUND COVER, SHRUBS AND TREES, AND PROPER SITE CLEAN UP AFTER COMPLETION OF CON- STRUCTION. - THIS WORK SHALL BE TIED TO EXISTING CONTROLS SUCH AS PAVEMENT, FENCES, WALLS AND STEPS AND FINISHED GRADES SMALL BEAR PROPER RELATIONSHIP TO SUCH, CONTROLS. THE ,CONTRACTOR SHALL ADJUST THIS WORK AS NECESSARY, AND AS DIRECT- ED BY THE INSPECTING AGENCY, TO MEET THESE EXISTING CONDITIONS AND TO FULFILL THE INTENT OF THE PLANS AND SPECIFICATIONS. - - 2. MATERIALSI SAMPLES OF SOIL, LEAFMOLD, AND 'PLANTS SHALL BE SUBMITTED FOR INSPECTION, AND SHALL BE STORED ON THE SITE UNTIL FURNISHING OF MATER - fAL IS COMPLETE. DELIVERY MAY BEGIN.UPON.APPROVAL OF SAMPLES,.OR AS DIRECT- . ED. IN ALL AREAS WHERE BEACH SAND IS FOUND AND WHICH ARE INDICATED ON THE PLANS AS PLANTING AREAS, THE FOLLOWING PROCEDURE SHALL BE USED* THE SAND SHALL BE EXCAVATED TO A DEPTH 6" LOWER THAN FINISHED GRADE. WHERE PLANTING IS INDICATED. IN ADDITION, WHERE SHRUBS AND TREES ARE IN- MORE ARE TO'BE EXCAVATED IN DEPTH AND IN LATERAL EXTENT TO THE -- DRIP LINE OF THE.CONTEMPLATED SHRUBS AND TREES. 'ONE- NALF(1/2) OF THE EXCA- VATED SAND IS TO BE DISCARDED: THE REMAINING ONE -HALF SHALL BE MIXED - 'THOROUGHLY WITH. AN EQUAL PORTION OF A SOtL- LEAFMOLD MIXTURE OF WHICH ONE- FOURTH (1/4) SHALL CONSIST OF OAK LEAFMOLD AND THREE FOURTHS (3/4) OF FRIABLE LOAM SOIL. THE THOROUGHLY MIXED SAND- SOIL- LEAFMOLD MIXTURE IS THEN TO BE USED FOR.FILL AND SETTLED BY APPLICATION OF SUFFICIENT WATER TO PREVENT FUR- THER SETTLING. SURPLUS SAND EXCAVATED FROM THE SITE SHALL BE REMOVED BY THE .. CONTRACTOR AT HIS EXPENSE. _.STAKES SHALL BE AT LEAST 21'X2° ACTUAL DIMENSION AND NOT LESS THAN NINE (g% FEET LONG, OF SOUND REDWOOD AND UNIFORM SIZE, POINTED AT ONE END. BRACES SMALL BE AT LEAST- I"x3l' ACTUAL DIMENSIONS AND OF SOUND LUMBER. QUALITY AND SIZE OF ALL PLANTS SHALL CONFORM TO THE STATE OF CALIFORNIA GRADING.CODE OF NURSERY.STOCK AND SHALL BE NOM GRADE. THEY SHALL BE FRESH, . VIGOROUS, AND OF'NORMAL GROWTH, FREE OF..OIS EASE, INSECT EGGS AND LARVAE. SIZES OF PLANTS SHALL BE- STATED ON THE LANDSCAPING PLAN, SHEET N0. 4 OF THE ,DRAWINGS. PRUNING SHALL NOT'SE DONE PRIOR TO DELIVERY, EXCEPT BY SPECIAL . APPROVAL. PLANTS SHALL BE SUBJECT TO INSPECTION.AND APPROVAL OR REJECTION' AT PLACE OF GROWTH AND ON THE PROJECT SITE AT ANY TIME BEFORE OR DURING PROGRESS OF THE WORK, FOR SIZE, VARIETY, CONDITION, LATENT DEFECTS AND IN- JURIES. REJECTED PLANTS SHALL BE REMOVED FROM THE PROJECT.SITE IMMEDIATELY.' INSPECTION OF PLANT MATERIALS REQUIRED BY CITY, COUNTY, STATE OR FEDERAL AUTHORITIES SHALL BE .A RESPONSIBILITY OF THE CONTRACTOR ANO*HE SHALL HAVE SECURED PERMITS OR CERTIFICATES PRIOR TO DELIVERY OF PLANTS TO SITE. LEAFMOLD. SHALL BE WELL ROTTED, REASONABLY FREE FROM ROCKS, SOIL, STICKS] AND OTHER IMPURITIES. THE INSPECTING AGENCY SHALL HAVE THE OPPORTUNITY TO INSPECT SAME UPON ARRIVAL,,AND BEFORE UNLOADING. - 3: PLANTING AND INSTALLATIONS, PLANT ALL MATERIALS AS SOON AS SITE'IS AVAILABLE, SOIL IS PREPARED, AND WEATHER CONDITIONS ARE SUITABLE, AS APPROVED . AND DIRECTED BY THE INSPECTING AGENCY. DO NOT PLANT WHEN SEASONS OR TEMPERA -. - TRRES ARE UNCONGENIAL TO SPECIAL VARIETIES OF PLANTS. (A) TREE AND SHRUB PLANTING - STAKE PLANT LOCATIONS AND SECURE APPROVAL BEFORE EXCAVATING PITS* MAKING NECESSARY ADJUSTMENTS WHERE AS DIRECTED, EXCAVATE 'PITS WITH VERTICAL SIDES FOR ALL PLANTS AS DIRECTED., TREE.P.ITS SMALL BE LARGE ENOUGH TO PERMIT HANDLING AND PLANTING WITHOUT IN- JURY TO BALLS OF EARTH OR ROOTS AND SHALL-BE OF SUCH DEPTH THAT WHEN PLANT - .ED AND SETTLED* THE CROWN OF THE PLANT SHALL DEAR-THE SAME RELATION TO FIN- ' ,ISHED GRADES THAT IT DID TO SOIL SURFACE IN PLACE OF GROWTH. SET PLANTS IN CENTERS OF PITS* IN VERTICAL POSITI.OM* SO THAT CROWN OF PLANTS WILL BE LEVEL WITH FINISHED GRADE AFTER ALLOWING FOR WATERING AND SETTLING OF SOIL* AND.BACKFILL WITH THE'S.OIL PREPARED AS ABOVE SPECIFIED. FORM SHALLOW BASIN AROUND EDGE OF PLANT BY DEPRESSING SOIL SLIGHTLY BELOW FINISHED GRADE* AND BUILDING UP BASIN RIM NOT MORE THAN SIX (6) INCHES AND NOT LESS THAN FOUR (4) INCHES.. MULCH PLANTS WITH A MIXTURE OF .MANURE AND LEAFMOLD PLACED IN BASINS AT THE DEPTH OF ONE (1) INCH. SIFT TOPSOIL OVER MULCH SUFFICIENTLY TO KEEP IT FROM BLOWING IN WIND OR IGNITING FROM CIGARETTES. GRADE AREAS . AROUND PLANTS TO FINISH GRADES AND DISPOSE OF EXCESS SOIL. PRUNE PLANTS .A000RDING'TO STANDARD HORTICULTURAL PRACTICE OR AS DIRECTED. TRIPLE STAKE ALL TREES* SETTING STAKES VERTICALLY WITH THREE FEET OF THEIR LENGTH IN THE GROUND* IN A MANNER TO AVOID INJURY TO BALLS OF EARTH AROUND ROOTS., USE THREE STAKES PER TREE SET IN GROUND £QUi- DISTANT FROM EACH OTHERS BUT NEVER LESS THAN TWO FEET APART. BRACE STAKES AT TOPS WITH WOODEN BRACES AS SPECIFIED* NAILING THEM TO STAKES. IN HORIZONTAL POSITION, TIE TREES TO STAKES ANO/OR BRACES WITH Ij INCH CANVAS STRIPS• TIE TREE IN SUCH A MANNER THAT NO PORTION OF TRUNK OR BRANCHES TOUCH EITHER STAKES OR BRACES AND SO THAT THERE WILL BE NO ABRASIONS OF DARK* (B) ICE PLANT - PLANT ROOTED CUTTINGS* AT LEAST 10" LONG* NEVER MORE - THAN 18° APART* AND PLACING AT LEAST 5" OF SAME IN VERTICAL HOLE. FORM SHALLOW DEPRESSION ABOUT. PLANTS; BUILD.BASIN RIMS NOT LESS THAN 3.I14CHES AND NOT MORE THAN 4 INCHES; LEAVE AREAS IN NEAT AND CLEAN CONDITION. WATER WITH FREE FLOWING STREAM OF WATER* FILLING BASINS AND PERMITTING MELTING AND SETTLING w SOIL LUMPS. IF SETTLING OCCURS* FILL IN WITH FRIABLE SOIL AND WATER AGAIN AS BEFORE, 4. MAINTENANCE: MAINTENANCE SHALL BEGIN IMMEDIATELY AFTER EACH PLANT. IS .PLANTED* AND SHALL CONTINUE FOR AT LEAST THIRTY (30) DAYS AFTER COMPLETION OF.PLANTING* AND AS MUCH LONGER* PRIOR TO COMPLETION OF PROJECT AND ACCEP -. TANCE BY OWNER AS NECESSARY TO ESTABLISH ACCEPTABLE AND THRIVING PLANTS. . MAINTAIN TREES AND PLANTS IN VIGOROUS* THRIVING CONDITION BY WATERING* . CULTIVATING* PRUNING* SPRAYING AND OTHER NECESSARY OPERATIONS, PROTECT ALL PLANTING AGAINST DAMAGE,, INCLUDING EROSION AND TRESPASS* AND PROVIDE PROPER SAFEGUARDS AS NEEDED, REPLANT DAMAGED AREAS PROPERLY AND PROMPTLY. FINAL INSPECTION OF LAWNS AND PLANTINGS WILL BE MADE AT THE CONCLUSION OF THE MAINTENANCE PERIOD. WRITTEN NOTICE* REQUESTING SAME* SHALL BE SUBMITTED BY THE CONTRACTOR AT LEAST SEVEN (7) DAYS BEFORE ANTICIPATED DATE. 5, GUARANTY AND REPLACEMENT :; GUARANTEE GRASS* SHRUBS AND GROUND COVER j UNTIL END OF MAINTENANCE PERIOD." GUARANTEE TREES TO LIVE IN A HEALTHY CON- ! DITION FOR ONE (1) YEAR AFTER PLANTING: DEAD TREES SHALL BE REPLACED AS SOON AS POSSIBLE AFTER THEIR CONDITION HAS . BEEN DETERMINED WITHIN THIS PER- .... IOD. REPLACE AS SOON. AS WEATHER. PERMITS ALL DEAD PLANTS AND ALL PLANTS NOT IN A VIGOROUS CONDITION AS NOTED AT END_ OF MAINTENANCE PERIOD. PLANTS USED FOR REPLACEMENT SHALL BE. SAME KIND AND SIZE AS SPECIFIED. THEY SHALL BE FUR - NISHED* PLANTED AND FERTILIZED, AS SPECIFIED* .. S 68 J U .IMPROVEMENTS e5 - ,SHEE °sf' / N O E X S� . pR0 ✓ECT S /TE A180A1 5GF CwVn,A ,RbL A< 1 - -.ei, ws'uw o.• *r+.e ^+ -�� :// llAf SAibbA - .. . - .. i 1 qin Q,'ykaW WppNi&Rfigqn - )U \ � EAV /rx/�"t°OH�rb �N£WttlRf- CJL �,'Ii�/ VICINIT ;. . � � _ PA•EOA.PEO /N THE OFFIfV ;vF" -. OPANtE COUNTY 11W40poR : D/.STRlcr � z_ a eREY /SEO Mav /O A / ,.; STATE HIGHWAY i �/ v „rN �, _ . - „s.;l,.I,.✓...,rvwA F } %,xet �..w •l(r+• 6 C i GH ✓/�'lff� _. .... � � �= K �I- �N N �?a. g .. /� �t`N` � � I. I ( I I I I .yam \ / p� I u'°d..�£..:^+✓� . .�11 '' xw'm `� ry �� §a � ... e /�,.''� u / ice” sr . f .,b»..°,� is !, C svf./ r_dn.,�F !' e..• i� y - � �F . '., f /- .�fdE, s / � /, � f /Ins - �'�°O 1"� �'y'i9� "7�"�.•..i . 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