HomeMy WebLinkAboutC-1021 - Advertising agreementOCT 1 31969
By tho CITY COUNCIL
CITY OF NEWPORT BEACH
h
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
TO: MAYOR AND CITY COUNCIL
FROM: Acting City Manager
RE0944ENDATION:
/S'�-
October 13, 1969
Agenda No. F - 2
It is recommended that the City Council direct the City Attorney to
prepare separate twenty -five year lease documents for the leasing of Parcel
"A" to the Atlantic - Richfield Oil Company for a minimum revenue consideration
of $18,375 per year offset against a gallonage rental of 2 1/8¢ per gallon; the
leasing of Parcels "B ", "C" and "D" to Mr. John Martin Shea, Inc. for a minimum
annual revenue consideration of $19,500, of which $6,500 would be the minimum
rental of Parcel "B" offset against 2% of the gross receipts from a restaurant.
to be constructed on this parcel, and $13,000 for Parcels '10' and "D" offset
against It per gallon on gasoline pumped in conjunction with the car.wash oper-
ation to be constructed on Parcels "C" and "D "; all uses to be subject to the
approval of the City of Huntington Beach Planning Commission and the City
Manager of the City of Newport Beach..
DISCUSSION:
At the City Council meeting of September 22, various parcel combin-
ations of the city -owned property located at Brookhurst and Adams in Huntington
Beach were considered. After the process of oral bidding on the various com-
binations of parcels was completed, all qualified bids were referred to the City
staff for analysis and report back to the City Council with leasing recommendations
at the City Council meeting of October 13, 1969.
During the following week, the seven highest and best income producing
combinations of land use lease alternates on the property were tabulated. A
copy of this tabulation is attached for reference. The seven combinations.of
proposals as well as other ccmbinations were considered and discussed by the
Real Estate Advisory Committee of the Newport Harbor -Costa Mesa Board of Realtors
on October 3, 1969. As indicated in.the attached letter to the City Council from
this committee; alternate number two, which calls for the leasing of Parcel "A"
to Atlantic - Richfield Oil Ccmpany and Parcels "B ", "C" and "D" to John Martin
Shea, Inc. for a car wash and restaurant was preferred by the committee. These
two major leases, one of which involves a sub -lease for a restaurant to be con-
structed on Parcel "B ", will yield a minimum of $37,875 per year in lease reve-
nue for the City. The lease with Atlantic - Richfield Oil Ccmpany on Parcel "A"
is predicated on a minimum lease fee of $18,375 per year offset against a gal-
lonage rate of 2 1/8¢ per gallon.. The ground lease on Parcels "B ", "C" and "D"
Mayor and City Council
with Mr. John Martin Shea,
of $19,500 per year. This
taurant to be constructed
and $13,000 per year as a
Parcels "C" and "D" offse t
tion with this operation.
- 2 - October 13, 1969
Inc, calls for a minimum annual revenue consideration
assumes a minimum rental of $6,500 per year on a res-
on Parcel "B offset against 2% of the gross receipts,
minimum rental on the car wash to be constructed on
against 10 per gallon on gasoline produced in conjunc
Based upon an analysis of the volume of gasoline produced at selected
service stations in the county, it is estimated that within three years the
Atlantic - Richfield Oil Company service station should pump between 75,000 -
100,000 gallons per month. At this rate the actual lease revenue from the
service station should increase to between $19,125 and $25,500 per year. It
is uncertain at this time whether or not the percentages on the restaurant
and car wash gasoline gallonage would exceed the minimum rentals proposed for
these parcels. The restaurant operation would have to exceed a gross volume
of $325,000 per year before any percentage revenue would be realized. At It
per gallon, the car wash would have to produce in excess of 108,000 gallons
per month before any percentage revenue would be realized. It is possible that
both of these operations would generate this large a volume, but this is not
likely to occur for several years.
The Real Estate Advisory Committee recommended that the car wash not
be allowed to sell any products that would compete with the service station.
At the time the committee considered this matter the recommendation appeared
to have a great deal of merit. However, at the time none of the committee
members seemed to.be aware of the fact that the only way for a car wash operation
to be successful was to allow for the pumping of gasoline as a part of that car
wash operation. Subsequent to the meeting with the Real Estate Advisory Committee,
the analysis of car wash operations and gas stations in the county seem to substan-
tiate.the premise that service stations and car wash operations serve essentially
two different types of clientele. The service stations largely cater to the
motorist interested in purchasing gasoline or having his automobile lubricated
and oil changed. The car wash operation largely caters to a clientele that
desires to have the automobile washed and, as a separate consideration, pur-
chases .gasoline as a matter of convenience in conjunction with this service.
The gallonage loss to the service station would likely be minimal. In addition,
the car wash operation would in no way compete with the service station by way
of selling any other competing products other than gasoline.
In addition to the economic advantages of approving leasing alternate
number two, the Real Estate Advisory Committee recognized that by leasing Parcels
"B ", "C" and "D" to Mr. John Martin Shea, Inc, the property would be architec-
turally integrated,.master planned, allow for single control on the parking over
Parcels "B", "C" and "D ", and would minimize any problems involved with the
water easement to be retained by the City over Parcels "B ", "C' and "D ". This
water easement has been delineated by the Public Works Department and approved
by Mr. John Martin Shea. This easement will be noted on the Parcel Map which
will be on display in the Council Chambers on Monday.
0 0
Mayor and City Council - 3 - October 13, 1969
It would therefore appear desirable to proceed with the preparation
of lease documents with the Atlantic - Richfield Oil Company and John Martin
Shea, Inc. at this time.
JAMES P. DE CHAIN
JPD:sr
cc: City Attorney
City Clerk
Real Estate Advisory Committee
JPD:sr
10/13/69
ALTERNATIVE OOMBINATION LAND USE LEASE ALTERNATES ON
Lease Option Combinations Lease Revenue
Aggregate lease to Mr.
Shea for car wash, gas
station and restaurant
John $38,000, plus possible
percentage revenue of
2% on restaurant and
leg% per gallon on fuel
2. Parcel "A" to Atlantic -
Richfield Co., Parcels
"B,.0 $ D" to John Shea
for car wash and restaurant
Parcel "A" to Atlantic
Richfield Oil Co., Parcel
"B" to Paul E. O'Kain
and Parcels "C and D"
to John Shea for car.
wash
Parcel "A" to Atlantic
Richfield Oil Co., Parcel
"B" to Newport National
Bank and Parcels "C $ D"
to John Shea for car wash
5. Parcel "A" to Atlantic
Richfield Oil Co., Parcel
"B" to Paul E. O'Kain and
Parcels "C VD" to Foodmaker
6. Parcel "A" to Atlantic
Richfield Oil Co., Parcel
"C" to Foodmaker, and
Parcels "B $ D" to John
Shea for car wash
7. Parcel "A" to Atlantic
Richfield Oil Co., Parcel
"B" to Newport National
Bpnk and Parcels "C and
V" to Foodmaker
$37,875 plus good gal-
lonage revenue on gas
station and possible
2% revenue on restaurant
$37,575 plus good
gallonage revenue
on gas statim
$37,375 plus good
gallonage revenue
on gas station
$37,125 plus good
gallonage revenue
on gas station
possible 3% revenue
on restaurant
$36,975 plus good
gallonage revenue
on gas station and
possible 3% revenue
on restaurant
$36,925 plus good
gallonage revenue
on gas station and
possible 38 revenue
on restaurant
Advantages
a- single tenant
(ease of ad-
ministration)
b- highest mini-
mum rental
a -two tenants
(ease of ad-
ministration)
b -one of highest
Possible rental
combinations
a -good mix of
land uses
a -one of highest
possible rental
combinations
a -one of highest
possible rental
combinations
a -good land use
combination
b -one of highest
possible rental
combinations
Disadvantages
a- potential
loss of
percentage
revenue from
gas station
a- indefinite
use of
Parcel "B"
b- multiplicity
of lessees
a- multiplicity
of lessees
a- multiplicity
of lessees
a- multiplicity
of lessees
a- potential
revenue loss
b- multiplicity
of lessees
m
NewpWd a#a4A" - Cod& /Keda /fora of Rea&U
407 N. NEWPORT BLVD., NEWPORT BEACH, CALIF. 92660
The City Council
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California
Gentlemen:
TELEPHONE 646.1671
October 3, 1969
u;
BOARD OF DIRECTORS
J. PETER BARRETT
PRESIDENT
' k
CHARLES S. DREVER
7'
FIRST VICE PRESIDENT
CHARLES F. COLESWORTHY
SECOND VICE PRESIDENT
JAMES WOOD
SECRETARY-TREASURER
JOE CLARKSON
CURT DOSH
ARTHUR E. GORDON
WILLIAM C. RING
PERRY ZIMMERMAN
GLENN MARTIN
EXECUTIVE OFFICER
EVALYN RUNING
ADMINISTRATIVE SECRETARY
OCT 13 1969
By fhs CITY COUNCIL
CITY OF NEWPORT BEACH
ro—
r-
Our Real Estate Advisory Committee met this morning to consider the lease pro-
posals submitted on the city -owned property at Brookhurst and Adams in Hunting-
ton Beach. The seven proposals and combinations of proposals as outlined by
Mr. DeChaine (see copy attached), as well as other combinations, were considered
and discussed.
By motion, duly seconded, the committee voted to recommend acceptance of Pro-
posal #2: That Parcel "A" be leased to Atlantic Richfield Oil Company for use
as a service station. That Parcels "B ", "C ", and "D" be leased to Mr. John Shea
for use as a restaurant on Parcel "B ", and a car wash on Parcels "C" and "D ".
Further, it is recommended that the rent on the restaurant portion of the land
be construed as not to exceed $7500.00 per year. Also, the car wash would be
prohibited from selling products, such as gasoline, that would be competitive
with the service station.
The committee felt the difference between Proposal ill and Proposal #2, as outlined
is so small that Proposal X62 definitely offered the possibility of more income to
the City. This is based on the difference between the 2 118e per gallon offered
under Proposal #2 and the 1 1/2� per gallon offered under X11.
Comparing #2 proposal combination with others, the committee felt it produced not
only the highest minimum income, but, also, very nearly an equal possibility for
higher income based on factors of gross income.
Another consideration they felt important was a single responsibility for and con-
trol of parking on Parcels "B ", "C ", and "D ". It was felt this would be benefic-
ial to the center as a whole.
�ul submit
J. Peter Barrett, Chairman
cc: James P. DeChaine
Assistant City Manager
TLW :njv
7/18/661
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A G R E E M E N T
THIS AGREEMENT is entered into this ,`� "Grp day of
1968, by and between the CITY OF NEWPORT BEACH,
herek after referred to as "City ", and COLUMBIA OUTDOOR ADVER-
IITISING, hereinafter referred to as "Columbia".
WHEREAS, City and Columbia did, on February 14, 1966,
enter into an advertising agreement for the use of that certain
property owned by City and located at the southeast corner of
Brookhurst and Adams Streets in the City of Huntington Beach,
California; and
WHEREAS, Columbia did, under the terms of a prior
agreement dated September 24, 1962 erect four billboard signs
containing approximately 3200 square feet of advertising space
on the above described locations; and
WHEREAS, the terms of the February, 1966 agreement
included therein provision for Columbia to pay City $450.00
per month for rental of the premises described above, said
(payments to commence March 1, 1966 and to be paid monthly in
advance; and
WHEREAS, on August 1, 1967 the rental payments due
!from Columbia to City at the rate of $450.00 per month were
in arrears a total amount of $4,500.00; and
WHEREAS, on : ?ugust 18, 1967 City filed a complaint
i
for damages in the Municipal Court of the Newport Beach -Costa
(Mesa Judicial District, County of Orange, State of California,
alleging general damages in the amount of $4,500.00 plus interest
land costs; and
WHEREAS, on November 3, 1967 judgment in the above
Icause of action was entered in favor of City and against Columbia
in the total amount of $4,701.58; and
WHEREAS, rental payments of $450.00 per month for the
months of September, October and November, 1967 were not received
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and are presently due and owing to City; and
WHEREAS, on November 6, 1967 the amount of $725.48
was collected by City in partial satisfaction of the total amount
owing by Columbia to City, leaving a balance due as of November 6,
1967 of $5,326.10 plus 7% interest; and
WHEREAS, on November 24, 1967 City terminated the lease
agreement with Columbia dated February 14, 1966 due to the willful
and material breach and abandonment of said agreement by Columbia;
and
WHEREAS, commencing December 1, 1967 City received
rental payments from each of six sublessees of the billboards,
Ion a monthly basis; and
WHEREAS, from December, 1967 through July, 1968 City
has received a total sum of $4,375.00 from the lessees for use
lof the fixtures on the above described property; and
WHEREAS, City has agreed that of the total amount
received from the sublessees, $325.00 should be applied as
partial satisfaction of the judgment and amounts owing by
Columbia to City, leaving a total balance due as of the date of
;this agreement of $5,001.10 plus 7% interest from date of judg-
ment; and
WHEREAS, Columbia is desirous of continuing its use
of the above mentioned property for advertising purposes; and
WHEREAS, Columbia is unable to satisfy the amounts due
to City under the prior agreement and under the above mentioned
jagreement; and
WHEREAS, City desires to realize income revenue from
Ithe rental of the above described property and also desires to
,recover the amounts past due by Columbia to City;
NOW, THEREFORE, the parties hereto agree as follows:
1. Columbia shall have the right to use the premises
lfor the maintenance of four (4) billboards, containing eight (8)
2.
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lladvertising surfaces each measuring 10' x 40' in size.
2 2. Except as otherwise provided herein this agreement
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3jcannot and shall not be terminated by either party prior to
4 July 1, 1969, but may be terminated at any time subsequent to
5 that date by either party after thirty (30) days' written notice
6 to the other party of his intention.
7 3. Legal title for security purposes only shall be
8,deemed to exist in and to the City of Newport Beach and all of
9 the materials and fixtures presently affixed on the property
10 with the beneficial and equitable interest in said materials
11 and fixtures remaining in Columbia. Upon full satisfaction of
121all debts due the City, said security interest shall be deemed
13 to have been reconveyed to Columbia forthwith.
14 4. No further structures or materials shall be
15 erected or placed upon the property without the written consent
16 of City.
17 5. No structures or materials shall be removed from
18 the property without the written consent of City. Columbia shall
19 have no right to assign, transfer or hypothecate said structures
20'without the written consent of City.
21;1 6. Prior to execution of this agreement Columbia shall
22,enter into new rental agreements with each of its lessees of
23advertising space. Said agreements shall be in a form approved
24by City and shall be for a rental amount of not less than One
251!IHundred -Twenty Five Dollars 125.00
y ($ ) per sign per month.
26 7. The sublease agreements between Columbia and sub-
27i lessees shall be for a period of one (1) year, commencing July 1,
281 "!1968.
29j1 8. The sublease agreements between Columbia and sub-
301lessees shall provide for the payment of all monthly rentals
3ldirectly from the sublessees to the City of Newport Beach for
321�a period of twelve (12) months, or until such time as all debts
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due to City from Columbia have been fully satisfied.
9. The monthly rentals paid by sublessees to the City
shall be credited to lessee - sublessor Columbia on the following
'basis: The first $450.00 received each month shall be deemed
'payment of the current month's rent due from lessee - Columbia to
the City. All additional monies received each month by the City
shall be credited towards satisfaction of the judgment debt owed
Iby Columbia to City.
10. The sublease agreements shall provide that either
sublessor - Columbia or lessor -City shall have the option to
'terminate the sublease agreement on five (5) days' written
notice, upon the sublessee's failure to pay rent due within
ten (10) days of the due date.
11. The sublease agreement shall provide that the
City as lessor of the premises shall have the right to sue on
the sublease agreement as a party thereto.
12. In the event that less than seven (7) of the exist-
ling surfaces are subleased or in the event that the total monthly
rental income amounts to less than $750.00, City shall have the
right to terminate this agreement on thirty (30) days' notice.
All rights of the City under any sublease agreements between
Columbia and sublessees shall continue, including, but not
limited to, the right to receive sublease rental payments as
provided in paragraph 8. of this agreement.
13. If the past due amounts owed by Columbia to City
under the terms of a prior agreement and judgment, and acknowledged
by Columbia as due herein, are not satisfied in full at the date
o termination of this agreement, all right, title and interest,
for security purposes, to the advertising structures existing on
the premises, shall remain vested exclusively in the City of New-
port Beach.
14. Columbia will protect and save City and its
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officers and employees harmless from all claims for injuries to
persons or damage to property resulting from the negligent or
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Imalicious acts of Columbia's agents, employees or workmen in the
construction, maintenance, repair or removal of its signs on the
above premises. Within thirty (30) days from the date of exe-
cution of this agreement and for the period of this agreement,
Columbia shall carry liability insurance in the amount of
$100,000/$300,000 for bodily injury and $50,000 for property
damage and shall furnish within said 30 -day period a certificate
of insurance to City naming City and its officers and employees
as additional insureds with respect to the use of said premises
by Columbia. The insurance policies shall be endorsed as
follows:
"It is hereby understood and agreed that the
policy to which this certificate refers may not be
cancelled, materially changed, nor the amount of
coverage thereof reduced, nor the policy allowed
to lapse until 10 days after receipt by the City
Clerk of the City of Newport Beach, City Hall, New-
port Beach, California, of a registered written
notice of such cancellation, change or reduction in
coverage."
15. This agreement may not be assigned by Columbia
'without the written consent of City.
16. Subject premises shall be maintained by Columbia
!in a clean, orderly fashion according to the standards adopted by
!the Newport Beach Parks, Beaches and Recreation Department.
17. Columbia shall have the right to satisfy the
amounts due under the above referenced judgment and agreement at
any faster rate or in any different manner in addition to the
assignment of sublease rental monies. No penalties of any sort
will attach to any such prepayment.
18. This agreement supersedes any and all other agree-
ments, verbal or written, at any time heretofore made by and
!between the parties hereto concerning the subject matter of this
agreement, and all such other agreements shall be deemed and
5.
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1jltreated to have been cancelled and rescinded by virtue of these
2 presents. This agreement ` "ot deemed to satisfy the outstanding
3�judgment debt owing to the City by Columbia.
41 19. This agreement may be amended or modified only by
5 ritten agreement signed by both parties and failure on the part
6 of either party to enforce any provision of this agreement shall
7 of be construed as a waiver of the right to compel enforcement
8 of such provision or provisions.
9 20. Columbia agrees to defend, hold harmless and
10 indemnify City against any claim, lawsuit or judgment for damages
11' rising out of City's performance.of the services provided for in
12, his agreement regardless of responsibility for negligence.
13 21. Should it be necessary for City to resort to legal
14 action to enforce any provision of this agreement, City shall be
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151 entitled to recover its attorney's fees from Columbia.
1611 COLU71 OUTD AD VE $ING
17 1 By
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E
Attest:
OF ••
COLUMBIA
Attest:
ty
CITY
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8=%8%2JI
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(8)
RZ80LftPM n0. 6855
A 8 SMMION OF Thy COUNCIL OF THE CITY OF
NEWPORT BED AUTHORIZIN THE EXECUTION OF LAND
RENTAL AGREEMENT
WHEREAS, City. certain real property `in the City of
Huntington Beach at the Seeast corner of Adams and Brookhurst
Streets; and
WHEREAS, Columbia OuWoor Advertising Company, 4100 W.
CoMadMealth Avenuei Faa,Lerton, CaU.fornia, has offered to execute
a lend lease agreement of city owned property for maintaining
advertising signs whereby City will receive all sublease rental
monies directly from the sublessees for a period of one year; and
WHKREA.S, it appears to be in the best interests of the
City to authorize the execution of said agreement;
NOT, TiIEREFORE, BE IT RESOLVED that the Mayor and City
Clerk be and are hereby authorized to execute said agreement on
behalf of the City of Newport Beach.
ATTEST:
ty
ADOPTED this 19 day of August, 1%8.
mayor
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 1021
l�J
DATE October 31, 1968
Description of Contract . R411hnArd admyt4g4ng
Authorized by Resolution No. ra;5 , adopted on 8_19_68
Effective date of Contract m,o,nt 20* j968
Contract C. limah4a (hrtdonr Advartining
ity M e c
ih
AM
CITY CLERK
ns-
City Clerk
07
^Wjst 21, 1968
Land Rental Agreement with Columbia Outdoor Advertising
Attached is an executed copy of subject agreement for transmittal
to Columbia Outdoor Advertising. Said agreement was authorized
by the adoption of Resolution No. 6855 by the City Council on
August 19, 1968.
LL:ih
Att.
0 0
CITY OF NEWPORT BEACH 307
CITY ATTORNEY
DES
August 9, 1968
To: City Clerk
From: City Attorney
Subject: Resolution Authorizing Execution of Land Rental
Agreement with Columbia Outdoor Advertising
G` lS
Transmitted are:
1. Resolution which, if adopted by the City Council will
authorize the execution of an agreement with Columbia
Outdoor Advertising for maintaining advertising signs
whereby City will receive all sublease rental monies
directly from the sublessees for a period of one year
on property owned by City and located at the Southeast
corner of Adams and Brookhurst in Huntington Beach.
2. Memo to The Honorable Mayor and Members of the City
Council re Contract for Land Rental Agreement between
City of Newport Beach and Columbia Outdoor Advertising
Company.
3. The original Land Rental Agreement executed by Columbia
Outdoor Advertising Company.
4. Copies of the Land Rental Agreement to be distributed to
the Council members only.
It is requested that this matter be included on the Council
Agenda for the meeting of August 12, 1968, and that copies of
the memo be included in the agenda packages.
TLW:aj r
Attachments
cc - City Manager
file
Tully H. Seymour
City Atto ey
By `
/Thomas L. odruff
ru
Assistant City Attorney
COtJ1NC :
DI 0 ITiON:
FILE:
CITY of NEWPORT BRACH
OFFICE OF THE CITY MANAGER
October A. 1966
TO: CITY ATTORNEY
FROM: City !tanager
SUBJECT- COLUMBIA OUTDOOR ADVERTISI96.LUSR
On September S. 1966, we brought to the attention of Columbia Outdoor
Advertising the fact that they were in arrears in their obligation to the
City in the amount of 31,350. At that time we advised that if these monies
were not remitted to the City on or before September 19, that legal action
would be taken against Columbia Outdoor Advertising and that they would be
required to remove their existing signs from City property.
As of October 1. 1966, Columbia Outdoor Advertising was $1,800 in
arrears arid, as of this date, has not submitted any portion of this amount
in partial payment of their indebtedness. Jim DeChaiwe, discussed this
mutter at some length with Air. Robert Amy, Treasurer for Columbia Outdoor
Advertising, on September 29. They gave a lengthy explanation for their
financial difficulties, but promised that at least $900 and, hopefully the
entire amount of their indebtedness, would be remitted to the City on or
before Thursday, October 6. It is our hope that they adhere to this most
recent commitment.
Although the City has been extremely tolerant and understanding
of their financial difficulties up to this point, the City has lot this
matter continue looter than it should. Pleas* be advised that it is the
desire of this office for the City to take any legal action necessary to
recover the funds due the City if the City does not receive payment Prot
Columbia Outdoor Advertising on or before October 6, 1966. In addition,
if funds are not forthcoming from Columbia Outdoor Advertising on or before
October 6, it is our further desire that legal action be taken to have all
advertising signs and structures now located on City -owned property at
Brookhurst and Adams in Huntington Beach removed from said property on or
before October 15, 1966.
HARVEY L. HURLOURT
HLH /JPD /mjc
cc: Robert C. Amy, Jr., Treasurer, Columbia Outdoor Advertising
George Pappas, Finance Director
James P, DeChaiue, Administrative Assistant to the City Manager
r..
'e
F-=I-t
ltr. lts; >t Nk haraee �s ,
Secreta� r surer 3
Columbia :CdpoE_A¢"rtisin
-14575 Ll. pip: F:orlvd.
=:Ia Mirada. Co"If, �'
Tt hx5 '. A brought tA`W.;atteuti:n tent Caliobl.a Outdcvr AAI"Iitleiag to
currtatiy daltagvrnt _r it* obllgsriuns to the City of
tt.s ;.nt f' I,7S0. Nr+z,t�taact !n
°kte d4lingua:c7 to for tha Rwtha efJly
through
Uptember, 13644W ecwt,•v the rnatai �tysasnts due !hr' City fq .this yoriod
for bil LoerI purposes, pursuant to ottt Mitual agressant dared
labruary,
T`" afgrsmiccio"d sptpe"at eripnietes that Cotasbia sAsll Dsy th ity
hl*., - -In AveaCe, ac the =-ate of $430 par swath, for"* rentsl 4f City
rrtpert; 1x0tted at tbs tv,thaasC corner of arookhutst mad Ad=s in the
City of haut;.e;gtstl la44h. Assuming that Caluw is gtaMd iota phis •3Eao
asset in "Oel 'kith sad t:.st the t:urrant deltaq;mocy is as .ovsrslg',r o
your :ur., If vtll apprrC:,At.l recelvinj these hack amt*# tsate414tely i+e
will pls. ,•rt,oct Co if prottrCly paid nouthly, in advanea, for 411 f6tore
t4n[ni ^• ?.l,1.:nPS*"Ave the cirr. -
eal l•sra t: rcait Cno ab ^ra txnr, i,;;,;�� del!n4q,,j4nt. enrtes t:. the Ciry bei-Irc
1566, will .,a,k-,j*_ :a tngal acttrn taken O;t%l"t coluatta tt.-
dt..;r .',,.- ,- ;IF!ng and the -f *!,r .eatrtirg signs fro% City property,
We ' r : :g e:Ctiou will :_ t %a uocessar7 and that Caitambia will aas rtr to
ioroar.t ;;e. linquaat a. =nlva ;111M the City of V -&port beach isaeadlately,
8iccorety,
Larvey t., Rurlbcrt
Ctty 14-4nngAT
Mz;dt
tr: Cfty Attorney
Yintnce oire trr
GD :aem
21 0/66 (6)
1 AGREEMENT
2 THIS AGREEMENT is entered into this day of
3 ' _ -�.ru zz,n , 1966, by and between the CITY OF NEWPORT
4 BEACH, herein referred to as "City ", and COLUMBIA OUTDOOR ADVER-
511 TISING, herein referred to as "Columbia ".
6 WHEREAS, City and Columbia did, on September 24, 1962,
7 enter into an advertising agreement for the use of that certain
8 property owned by City and located at the southeast corner of
9 Brookhurst and Adams Street in the City of Huntington Beach; and
10 WHEREAS, said advertising agreement provides that
11 Columbia shall pay City 10¢ per square foot of advertising space
12 per month for each sign erected, with a minimum of fifty, dollars
13 ($50) per month for each sign; and
14 WHEREAS, Columbia did, on approximately January 1, 1963,
15 erect four signs containing approximately 2800 square feet of
16 advertising space; and
17 WHEREAS, City has, to this date, received a total of
18, $4800, this amount being $4940 less than the amount due under the
191 provisions of the September 24, 1962 advertising agreement; and
20 WHEREAS, Columbia is desirous of continuing its use of
21 the above mentioned property;
22 NOW, THEREFORE, the parties hereto do agree as follows:
231 1. Columbia shall pay to City upon execution of this
24 agreement the sum of $2700.
2511 2. Beginning March 1, 1966, Columbia shall pay to City
261; $450 per month for the rental of the above mentioned real property.
I,
2711 Payments shall be made monthly in advance.
281 3. Subject premises shall be maintained by Columbia in
29 a clean, orderly fashion according to the standards adopted by the
30 Newport Beach Parks, Beaches and Recreation Department.
311 4. The use of the subject property by Columbia shall
3211 be limited to those existing sign structures shown on Exhibit "A"
1
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attached hereto and by this reference made a part hereof. No
further structures or additions shall be erected or placed upon
the property or existing signs without the written consent of
City.
5. This agreement cannot and shall not be terminated
by either party prior to December 31, 1966, but may be terminated
at any time subsequent to that date by either party after 30 days'
written notice to the other party of this intention.
6. All materials placed on said premises by Columbia
remain its property and may be removed by it at any time. Upon
termination of this agreement, Columbia shall remove all materials
and restore the premises to a clean condition, free from debris
and rubbish.
7. Columbia will protect and save City and its officers
and employees harmless from all claims for injuries to persons or
damage to property resulting from the negligent or malicious acts
of Columbia's agents, employees or workmen in the construction,
maintenance, repair or removal of its signs on the above premises.
Within thirty (30) days from the date of execution of this agree-
ment and for the period of this agreement, Columbia shall carry
liability insurance in the amount of $100,000/$300,000 for bodily
injury and $50,000 for property damage and shall furnish within
said 30 day period a certificate of insurance to City naming City
and its officers and employees as additional insureds with respect!
to the use of said premises by Columbia. The insurance policies
shall be endorsed as follows:
"It is hereby understood and agreed that the policy
to which this certificate refers may not be cancelled,
materially changed, nor the amount of coverage thereof
reduced, nor the policy allowed to lapse until 10 days
after receipt by the City Clerk of the City of Newport
Beach, City Hall, Newport Beach, California, of a
registered written notice of such cancellation, change
or reduction in coverage."
8. This agreement may not be assigned by Columbia
without the written consent of City.
2.
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2
3
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5
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15
16
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0 .
9. This agreement supersedes all prior agreements
between the parties, and execution of this agreement by the parties
is in full settlement of any and all claims by either party against
the other arising out of previous agreements between the parties,
both oral and written.
APPROVED AS TO FORM:
y. z L
H. eymour
City Attorney
32
3.
COLUMBIA OUTDOOR ADVERTISING
Attest:
ZZ -)
CITY OF PORT B1gACH
Mayor
Attest:
ity er
0
H
0
0
o:
ov
ADAMS
SIGNS`
a
Exhibit "A"
,„}iswcm QF v". (377 W17
FJUUTION� ))F AN
fM�ff+R GJ.YA�.4 AVln,+il�'eaal -'VA
4
5I; t,eamusx the C, ty� eid on September ?�, i�'i� 4Mter �raro
on agroopout «sy . Cojumble GutdoW A+dvetttiging for the us* of Gi.tg
6 props ty jocatec': at the scatbaat rearraer of bvOokbroree dud Ad&"
7 tze� is as tlea City Q"k %jMOjjAgt%M agh; a w
8
t "-=XAS, Whe abova ALremont hag be" 'tau" difficult
9 +'
to interpret sad enforce; and
10 1 "w i�¢ ;� , Columbia QutAo= Mvorttotng bas offered 90
11 eaecrtte as ad r:is "n;l auxe. nt sfe?ar Which the city WQUIt , be
12+
ga ;Q �2=53 per :AOSi »E f=zr Cho Effie of void srrrsg ae► apa;:i.£ta4 fn
13
sold advet:t1&& aj &SreeiLen:t; oad
14 y,ttaaW, it appo4zs to be in ttA facowear of cbe OUty
15 to euthari.se the tllEefi:.ution of esi.d aaxe t;
16 WN * 'Ti;�;€:�, �', Ex e3' K� " «WeF� that citt �'syar need
17 i (:lair Clack be and c a Yeareby autiaora.r M tO euage as iO at-loomwmt
181
on b"1f of Zbe City Of 43eerposirt lsoach.
19� ADGA `D L 28 14th dip of
20 February i 9�4
1;
21-•- ----- »- ^^- ---
22 AITESTt
23,
24 ±�
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WNI
ffrm'w..Vll
TO: Finance Director
FROM: City Clerk
SUBJECT: Contract
Contract No. 1021
Authorized by ResolutioniV.O, 6297 , adopted on February 14, 1966
Date Mayor and City Clerk executed Contract February 15, 1966
Effective date of Contract February 14, 1966
Contract with Columbia Outdoor Advertising
Address 14575 E. Firestone Blvd.
La Mirada, California
Brief description of Contract rental of property at Brockhurst and Adarns
Street, Huntingtcn Beach
Amount of Contract See Contract
City Clerk
G seem • • ^
2/ 0/66 (6)
1 AGO
2 '�.
THIS AGREEMENT is entered into this 1'j day of
3 �r 1, _ 1966, by and between the CITY OF NEWPORT
��
41' BEACH, herein referred to as "City ", and COLUMBIA OUTDOOR ADVER-
51I TISING, herein referred to as "Columbia ".
61 WHEREAS, City and Columbia did, on September 24, 1962,
7 enter into an advertising agreement for the use of that certain
81 property owned by City and located at the southeast corner of
911 Brookhurst and Adams Street in the City of Huntington Beach; and
10 WHEREAS, said advertising agreement provides that
11+ Columbia shall pay City 10¢ per square foot of advertising space
121 per month for each sign erected, with a minimum of fifty dollars
13�
($50) per month for each sign; and
14 WHEREAS, Columbia did, on approximately January 1, 1963,
15 erect four signs containing approximately 2800 square feet of
16 advertising space; and
17'' WHEREAS, City has, to this date, received a total of
18' $4800, this amount being $4940 less than the amount due under the
19� provisions of the September 24, 1962 advertising agreement; and
20 WHEREAS, Columbia is desirous of continuing its use of
21, the above mentioned property;
22 NOW, THEREFORE, the parties hereto do agree as follows;
23J 1. Columbia shall pay to City upon execution of this
24! agreement the sum of $2700.
25' 2. Beginning March 1, 1966, Columbia shall pay to City
26, $450 per month for the rental of the above mentioned real property.
27 Payments shall be made monthly in advance.
28 3. Subject premises shall be maintained by Columbia in
29 a clean, orderly fashion according to the standards adopted by the
30 Newport Beach Parks, Beaches and Recreation Department.
31 4. The use of the subject property by Columbia shall
321 be limited to those existing sign structures shown on Exhibit "A"
1 atteehed hereto and by this reference made a part bereof. No
2 furthfe''structures or additions shall be erected or placed upon
3 the property or existing signs without the written consent of
4) City.
5 5. Tkis agreement cannot and shall not be terminated
it
6 by either party prior to December 31, 1966, but Nay be terminated
7 at any time subsequent to that date by either party after 30 days'
8, written notice to the other party of this intention.
9 6. All materials placed on said premises by Columbia
10 remain its property and may be removed by it at any time. Upon
11, teraEination of this agreement, Columbia shall remove all materials
12 and restore the premises to a clean condition, free from debris
13 and rubbish.
14 7. Columbia will protect and save City and its offieeri
I
15 and employees harmless from all claims for injuries to persons or
16� damage to property resulting from the negligent or malicious acts
17 of Columbia's agents, employees or workmen in the construction,
181 maintenance, repair or removal of its signs on the ,above premises.
19 Within thirty (30) days from the date of execution of this agree-
20 ment and for the period of this agreement, Columbia shall carry
21 liability insurance in the amount of $100,000/$300,000 for bodily
22 injury and $50,000 for property damage and shall furnish within
23 said 30 day period a certificate of insurance to City naming City
24 and its officers and employees as additional insureds with respect
25' to the use of said premises by Columbia. The insurance policies
26 shall be endorsed as follows
27 "It is hereby understood and agreed that the policy
28I to which this certificate refers may not be cancelled,
materially changed, nor the amount of 'Covers the thereof
29 reduced, nor the policy allowed to lapse until 10 days
after receipt by the City Clerk of the City of Newport
30 Beach, City Hall, Newport Beach, California, of a
registered written notice of such cancellation, change
31 or reduction in coverage."
32I 8. This agreement may not be assigned by Columbia
without the written consent of City.
2.
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E
9. This agreement i4ersedes all prior agreements
between the parties, and saeaution of this agreement by the parts
is in full settlement of any and &A .alaiss by either party again
the other arising out of previous agreements between the parties,
both oral and written.
APPROVED AS TO FORM:
City Attorney
y
3.
CpLt BIA OUTDOOR ADVERTISING
Attest:
CITY OR NEi' ORT
Mayor
Attest:
y er
C
ADAMS
t
�'S
El
Columbia Outdoor Advertising
14575 East Firestone Boulevard
La Mirada, California
Gentlemen:
March 1, 1966
Fnclosed is a copy of the Agreement with the City of Newport
Beach for the use of the property at the southeast coiner of
Brockhurst and Adams Street in Huntington Beach. 'this Agreement
has been signed by the Mayor.and me, and was authorized by the
City Council of the City of Newport Beach at its regular
meeting on February 14, 1966 by the adoption of Resolution 6297,
copy of which is also enclosed.
Very truly yours,
Margery Schrouder
City Clerk
City of Newport Beach
dg
Encl.
CITY OF NEWPORT BEACH
CITY ATTORNEY
DEPARTMENT
To: City Clerk
From: City Attorney
February 11, 1966
�4 ,\'\
Subject: Resolution authorizing the execution of an
advertising agreement
Attached hereto is a resolution to be considered by the City
Council at their meeting of February 14, 1966. This resolution
if adopted will authorize the Mayor and City Clerk to execute
an advertising agreement with Columbia Outdoor Advertising for
the use of city -owned property at the southeast corner of Brook -
hurst and Adams Streets in the City of Huntington Beach.
Also attached are the original and three copies of the afore-
mentioned agreement.
Tull H e ur
City Attorne
CCU,' IL:
THS :aem coG
cc - City Manager B!'
Attachs. FILL: