HomeMy WebLinkAboutC-1181 - Rental agreement for use of property, west end Seashore DriveI +
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May 27, 1968
A �3
Y
TO: CITY COUNCIL
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FROM: Public Works Department
SUBJECT: RENTAL AGREEMENT WITH STATE OF CALIFORNIA FOR USE OF STATE OWNED PROPERTY
AT WESTERLY END OF SEASHORE DRIVE.
RECOMMENDATIONS:
Adopt a resolution authorizing the City Manager to execute a rental
agreement with the State of California for the use of State owned
land at the westerly terminus of Seashore Drive.
DISCUSSION:
The City desires to construct a cul -de -sac at the westerly terminus of
Seashore Drive to facilitate vehicular traffic turn around.
An adequate design requires construction.over a portion of the old P.E.
right -of -way.
The State has prepared a rental agreement which provides for payment by the
City of one dollar per year, on a yearly basis, for the use of their property until
such time as it is required for their proposed improvements.
The City is also required to maintain an insurance policy in order to
protect the State against any damages that may be incurred through the use of the
property.
T AT W.
eph T. Devlin
Public Works Director
DHW /ldg
` • 40 40
CITY OF NEWPORT BEACH
CALIFORNIA
DATE May 11, 1971
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. C-1181
City Hall
3300 W. Newport Blvd.
Area Code 714
673 -2110
Description of Contract Rental Agreenent with State of California
portion of property aoent to the waste
end of Seashore Drive
Authorized by Resolution No. 6779 , adopted on 5 -27 -68
Effective date of Contract 5 -6 -68
Contract with
State of
Address 120 South Spring St.
Los Angeles, CA 90012
Amount of Contract $1. -D0 per year
city Clem
I
511 'J" C::� is G�tNIA District 7
R/A 320:
DEPAIRT.5MKi'I OF PTJ?LiC WOPM
DIVISION OF HIOWAYS
G.
DEED NO. A81351
ACCT. NO. 58298
RENTAL AGREEMENT - INDInMAL UNIT /
Multiple, Commercial de Residential
Master Water Meter
This agreement made in duplicate this ot; day of May
19 b-8, by and between the State of California, hereinafter designated
as "State ", and the undersigned designated as Tenant who hereby agrees
to rent property, owned by State of California,- cer. >+ t'r..? of ^a� ^�
vp-pmt - 7Onta.ining F8,r� sol),are feet, ? -ncwn, and de- si— at ."u
.. _ mer F' '.'3. s!io.re Drive an Santa Ana River, Newport.. Beach, Zoun t-,j of .
,range, Sf.,..4,-eof California, as outlined -In red or the map attar term rcreto
rnd nade 3 hart hereof, together Witt Addenda Pursuant 'Tc, Civil- Rights
?._t. of 196+ also attached hereto and made a part hereof, at a rental.
of $1.00 per year, payable yearly in advance on the first day of each year
V444W FTMA WC I:TX 1 .t1T. ,T,tis •iA4 ;T.T3 C1 ,4i�t !i♦ ♦ ! N i 'fit• t •
Tenant hereby approves, agrees and consents to the following
terms and conditions
(1) That the renting of the above premises is on a month -to -month
basis, and Tenant agrees to pay said rent to the Division of
Highways at j - e
In advance on the first 2ay of each month so long as tenancy continues.
year
y l-
7 i1+ti- 671.1. -
AUG 67 SS4
District
RJA 310 .
(2) To pay promptly when due, all gas, light, water
and other utility bills applicable: to the premises
during our occupation, and to save the State harmless therefrom.
(3) State will not make any improvements or repairs on
said property of any nature whatsoever, except
repairs - to the goof and main sewer- lanes,
(4) That no credit will be allowed Tenant by State for
the cost of any repair work performed or ordered.`
done by.the.Tenant.
(5) Not to let or sublet the whole or any portion of
the property, nor to assign this tenancy.to a
third party, nor to make or suffer any alterations to be made in
or on_said property, without first obtaining. the written consent.
of State. In the event of a breach of this condition, State
shall have the.power to immediately declare this Rental Agreement
terminated and will thereupon be entitled to.. immediate possession
of the property.
(E) The Tenant will give the.State immediate notice of
intention to move or vacate the property, and upon
such vacation agrees to leave same in as good condition as existed
as of the day possession of.the property was.taken allowing, of
course, for ordinary and normal usage during occupancy; and to
reimburse State for a*ny damage done to said property, caused by
Tenant's occupation or tenancy, other than that due to normal use.`
(7). To keep property in a neat,. clean a.�id orderly con -
dition during occupancy including watering of shrubs
and lawns, and not permit rubbish, tin cans, garbage,.etc.,:to
accumulate.at any time; not to commit or suffer or permit any waste
of.said premises or any acts to be done in violation of any laws
or ordinances; nor to use or permit the use of said premises for
any illegal or immoral purposes; and to comply with all State laws
and local ordinances concerning said property and the use thereof.
I
($} State will not keep property insured against fire,
or any.other insurable risk and Tenant waives the
right to claim damages from the State for any damage resulting to
.said property in the event damaged or destroyed by fire or any.
other cause.
-2A-
67671-2(3).
a
.. Rig
t'a_. .h:__.: "t, saa'_" e ,T any Li e within 30 'Jays)
Y
fr r State; 'and
'3i._ in ,,r t.� 'iacata as lac 'rt nroii'de V a- that State, 1 "
i., arl°r2_b n8. or L -S
.. _ `:.1r` _! -u agents may e —er upon said Drop?r;-;j and rCSIIOVe our "
'Dertl tier +?i ^cm and ..n th1s e+ °: tenant waives any "
a, .. i .. ''.mz _nor d-oamaxes against State, its agents or employees. ..
:C % _�.r G Ara '.ti e r? an. y, rights Cf $i.at$ to
d;OMara' a ^d obtain y ossession of said premises in accordance `N t,h
- -_a ,.ne - ent �f a, violation on tenants Dart of any or the
hereof.
In the event there is any prior existing lease or
^tlnta- agreement between iena ^t and State.(cr its
prod 'oscj,r in interest) ccwering the subject prop eZty, it is
agreed and understood that this Rental Agreement shall cancel and
te=3nate said prior lease or rental agreement as cf the effective
date of this-Rental Agreement.
(11) Tenant recognizes and understands in accepting
this Rental Agreement that his interest therein
may be subject to a possible possessory interest tax that the
City or County may impose on such interest,, and that such tax
payment shall not reduce any rent due the State`hereunder` and any
such tax shall be the liability of and be paid by the 'tenant,.
I
(12) That this lease is made upon the express condition
that the State of California, its officers, agents.
and.empl ^oyees are to be free from all liability and claim for
damage by reason of, any iNury to any person or persons, including
lessee, or.property of any kind whatsoever and to whomsoever be-
longing, including lessee, from any cause or causes whatsoever.
while in, upon,,' or in any way connected with the said demised
_m the sidewalks ad.;acert th > °eto during, term of this -
_ e,.f :,r any ocucy. hereander, lessee n
all liability, loss, cost, and obligations on account of or.
a:'isin .Glt of any s:c. ^. TljurieS' O^ lOSSeS however occurring..
(13) To pay to the State all costs and expenses.,
Including attorney's fees in a reasonable sum,
in any action brought by the State, to recover any rent due and
unpaid hereunder, or for the breach of any of the covenants or
agreements contained in this 'rental agreement, or to recover
possession.of said property whether such action progresses to
udgnert or not.
-3
T ?nant(s) hereby agree(s) to deposit with the State
s a sua ^entee for faithful performance of the conditions --of this
Agreemernt. If at any time tenant fails to keep and.perr -orm all of the
t_r:.s, covenants, and conditions of this 4gree%ent; including the payment
of rent, overdue and unpaid, State may, at itt sole option, appropriate
aiid apply all or any portion of said_.azellrity deposit to the payment of
a *:✓ loss or d�:nage incurred by State by reason. of tenant's. default or
bread. Ur-,3r. termination o. -.tt;s ,Agreement and tenant's vacating the
premises and return of the key of said premises; State shall return,
without Interest; sai"d. deposit, or portion remaining, If any, after de-
du ction5 'or err L4ount equal to.any unpaid rents and/or loss and damage
sustained.by State due to such breach or default by tenant. Vacancy
date shall be the date keys are deposited in the mail, or date delivered
physically- to --- 120 -- South ---�Sprin -Street.
That Lessee shall, at his own, expense, take out and keep,
in 'force during the within tenancy, (a) public liability
Insurance, in a company or companies to be approved by the Lessor, to
protect the State of California, its officers, agents and employees
against any liability to the_public. incident to the use of, or resulting
from injury to, or death of, any person.occurring in, or about, the
de.lised premises, in the amount of not leas than $100,000.00, to in-
d --=ify against the claim of pne.person, and in the amount of not less
than $200,000,00, against the claims of two or more persons resulting
from any one accident; and, (b) property damage or other insurance, in
a company or companies to be approved by the Lessor; to protect Lessor,
Its officers, agents and employees, against any and every liability
incident to the use of or resulting from any, and.every cause occurring
.in, or about, the demised premises, including any and all liability of
the Lessor for damage to vehicles.parked on the demised premises, in
the amount of not less than $50,000.00. Said policies shall . inure to
the cortingent.liabilities, if any, of the Lessor, and the officers,
agents and employees of Lessor and shall obligate the insurance carriers
to notify Lessor, in writing, not less.than fifteen (15) days prior to
the cancellation thereof, or any other change.affecting the coverage of
the policies.. If said policies contain any exclusion. concerning property
,in the care, custody.or control of the.insured, an endorsement shall be
attached thereto stating that such sxclusion shall not apply with regard
to any liability of the State of California, its officers, agents', or
employees. Lessee shall furnish to Lessor a certified copy of each and
every such policy within not more than.ten (10) days after the effective
date of the policy. Lessee agrees that, if Lessee does not keep such
insurance in full force and effect, Lessor may take out insurance and nay
the premiums thereon, and the repayment thereof shall be deemed to be
additional rental and payable as such on the next.day'upon which rent
becomes due hereunder.
Distri ^ -t VII
R/A 309 -A & 310 -A
'(;17) It is agreed by and between the parties hereto that this
tenancy is of a temporary nature and'that no Relocation
Payment.or Advisory Assistance will be sought or provided in any form
as a consequence of this ter ancy.
? - - =iii'.:'TU a-.6od . and agreed that a5 such r 1.31P as this
r'r _�aa •}r +f
_
r.
_ _..._ t✓ .. 1...- •s#L x,n e. - ry. viii. ♦ ✓
V ee'
t
(If Tenant is a corporation, the following certificate
shall be executed by the Secretary, assistant secretary
or any official of the corporation other than persons
signing on behalf of the.corporation.)
certify that
I am the
Secretary of the corporation named as Tenant in the*.
attached Rental Agreement; ,that ,
who signed said rental (,agreement on behalf of the Tenant,
was then of said corporation;` that said
rental agreement was duly signed for and in. behalf of said
corporation by authority of its governing body, and is
within the scope of its corporate powers.
RECOMMENDED FOR APPROVAL
By
entat Agen
APPROVED AND CONSENTED TO:
State of California
Department of.Public Works,
Division of Highways Tager
By
KAY 214.'. CPUMPBELL
Rental Property M nager
A T707,
V11 - 460 B _Y...._ ..:.........._.;.:_.:,,. ..._...
2,
'Y17 - 44.
PDDEMA PURSU. IT M MILL RIGETS AGT OF 1964
The tenant, for himself, his personal representatives, succes
sirs in interest, and assigns, as a part of the consideration.
hereof, does h.arebv co'veria_ ^.t and agree that (1) no person, on
the ground of race, color, or national origin shall be excluded
from participation in, be denied the benefits of, or be other-
wise subjected to discrimination in the use of said facilities,
(2) that in connection with the construction of any Improve-
ments on. said lands and the furnishing of services thereon, no
discrimination shall be practiced in the selection of employees
and contractors .by. contractors in the selection and-retention
of first -tier sub- contractors, and by first -tier sub - contractors .
in the selection and retention -of second -tier sub - contractors,
(3) that such discrimination shall not be practiced against the
public in their access to and use of the facilities.and services
provided for public accoi�odations (such as eating, sleeping,
rest, recreation, and vehicle. servicing) constructed or operated
on, over, or under the ,space of the right -of -way,: and (4) that
the tenant shall use the .premised in compliance -with all other
requirements imposed pursuant to Title 15, Code. of -Federal
Regulations,.Commerce and Foreign Trade, Subtitle A Office of
the Secretary of Commerce, Part 8 (15 C,F,R,, Part �), and as
said Regulations may be amended..
That in the event of breach of.any of.the.above non - discrimination
covenants, the State shall have the right to terminate the
agreement and to re -enter and repossess- said land and the faeil.i-
ties thereon, and to:hold the same, as if said agreement had
never been made or .issued.
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G:)
RESOLUTION NO. (c % 01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT ZFW-H AUTHORIZING THE EXECUTION of
A RMgT Z. AGBEM%1Ei£ Tn`M THE STATv OF CALIFMNIA
:. , the city .has r Iyrsted WI* State of :;a2l'ornla
v-, allow the City to use a portion of property owned by the State
adjacent to the westerly end of Seashore Drive for the purpose of
constructing a eul -de- sac; and
WHEREAS, the State _s willing to allow the City to use
said property and %xas presented to the Council for its considera-
tion a rental agreement dated May 6, 1953, w!>_ich describes the
Property to be leased by the City; and
WEF2rAS, the Council has considered the terms and condi-
tions of said rental agreement and has found them to be acceptor le;
NOW, THEBEFW, BE IT RESOLVED that tho City Manager is
aathori^ -Pd to execute on behalf of the City the rental afsreem+:nt
between the City sn•4 the State of CaliforHia dated May 6, 1963,
which provides for the renting of said State property by the City
on a month- to -zonth 'basis at a rental of $1.00 per year.
ADOPTS this '1 ds7 of
U
Ag'CMT %
City Clark
To:
From:
CITY OF NEWPORT BEACH
City Clerk
City Attorney
CITY ATTORNEY
DEPARTMENT
May 23, 1968
Subject: Rental agreement with the State of California for
Seashore Drive cul -de -sac
Transmitted are:
1. Rental agreement, in duplicate, dated May 6, 19682
between the State of California and the City.
2. Letter dated May 7, 1968, directed to the City of
Newport Beach Public Works Department from Kay M.
Campbell, Rental Property Manager, State of California,
Department of Public Works, Division of Highways, which
contains instructions for processing the agreement.
3. Duplicate copies of the State forms "Certificate of
Insurance" and "State Owned Property Endorsement"
mentioned in said letter.
4. Resolution which, if adopted by the City Council, will
authorize the City Manager to execute the rental agree-
ment on behalf of the City.
These are in order for presentation to the City Council for
consideration at their meeting on May 27, 1968, as requested
by the Public Works Director.
THS:mec
Atts.
cc - City Manager
Public Works
(Attention:
Tully Se,
City Attorney
Director
Derek H. White)
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