HomeMy WebLinkAboutC-1676 - Lease agreement for two parcels West Newport, B7069 & A8188CITY OF NEWPORT H
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 1676
Description of Contract State o
CALIFORNIA
City Hall
3300 W. Newport Blvd.
Area Code 714
673 -2110
DATE January 31, 1975
Lease for P.E. RLght of
— N 1; p6YipGi'G rl=�i f &Vw, urava ra,
Authorized by Resolution No. 8380 , adopted on November 11, 1974
Effective date of Contract October 30. 1974
Contract with State of California, Department of Transportation
Address District 7, P. 0. Box 2304
Los Angeles, CA 90054
Amount of Contract $12,000 (monthly installments of $100)
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STATE OF CALIFORNIA — BUSINESS AND TRAN ^RATION AGENCY RONALD REAGAN, Governor
DEPARTMENT OF TRANSPORTATION Atlk
DISTRICT 7, P.O. BOX 2304, LOS ANGELES 90054
December 9, 1974
7 -Ora -1 -20.1
Parcels B7069 U -1, U -2 & A8188
Account 0027069- 001 -01
S/S Seashore Drive between
54th Street & Summit Street
City of Newport Beach
C -16 70
City of Newport Beach
3300 Newport Beach Boulevard
Newport Beach, CA 92660
Attention: Mr. Robert Wynn
City Manager
Gentlemen:
Enclosed for your file is fully executed copy of Lease
covering the above - referenced property.
Very truly ours,
MINORU MOCHIZUKI
Right of Way Agent
Property Management
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AUG 2 6 1914.
By +he CITY COUNCIL
CITY Q MBwr4ili 960CH
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
TO: MAYOR AND CITY COUNCIL
August 26, 1974
FROM: City Manager
SUBJECT: ACQUISITION OF STATE RIGHT OF WAY PROPERTY
STUDY SESSION NO
Mayor McInnis and I have held a number of meetings with the State
Division of Transportation concerning the acquisition by Newport Beach of
those properties listed in Assemblyman Badham's Bill AB 431. Four parcels
are now offered to the City for sale for $601,600. The PE right -of -way
properties will be offered to the City for lease at $100 per month as soon
as the lease can be prepared. The parcel in Coropa del Mar will be offered t
to the City for $553,800 with terms at 7% simple ni- ieres.— Attached members
of the City Council will find data sheet listing those parcels on which a
firm commitment has been received and those parcels on which an informal
offer has been received. This data sheet can be reviewed in greater detail
during the study session.
The City has received the necessary documents for the acquisition
of four parcels. These parcels are two lots on Kin s Road, the Churc__h_ tte
property on Cliff Drive, and a triangle parcel in a ort' Shores .— Kttached
you will find copies of plot maps showing thLrs`e "'p'arc`els. The State's final
negotiated offer is not quite $20,000 more than the original acquisition �l
cost paid by the State. Sale will be made to the City with $436,000 down
and a five year secured note at 7% simple interest. $200,000 of this amount
can come from the County Revenue Sharing account if consumated prior to
January 1, 1975. If the City desires to acquire these parcels, all will be
sold unconditionally with only nominal restrictions placed upon its use
or disposal.
RLW:mm
Attachments
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I. PARCELS ON WHICH A FIRM COMMITMENT HAS BEEN RECEIVED
A. Sale
Identity
Size
Parcel
No.
Date
Acquired
Acquisition
Price
City
Appraisal.
Sale
Price
$375 (1)
,000
Church
78,000
sq.ft.
40468
6 -22 -65
$425,542
410,000
$436,600
65,000
Kings Rd.
9,470
sq.ft.
41246
1 -15 -69
36,277
72,000
55,000
58,000
Kiggs Rd.
7,900
sq.ft.
41356
7 -10 -70
49,606
65,000
55,000
73,000
Mpt.Shores
8,889
sq.ft.
57847
11 -10 -69
70,274
79,000
55,000
$571,000
TOTALS -
$581,699
$626,000
$601,600
B. Lease
Parcel Date Acquisition City Lease
Identity Size No. Acquired Price Appraisal Price
P.E.R.
pf W. 442,570 sq.ft. A8188 ' 7 -5 -63 $1,527,501 N.A. $50 /Mo.
P.E.R.
of W. 50,965 sq.ft. ''B7069 7 -5 -63 268,167 N.A. $50 /Mo.
i.
TOTALS - $100 /Mo.
C. Terms
I. Cash for the church site ($436,600) and a five year note on the re-
maining three parcels ($165,000) at 7% Simple Interest. (Badham
Bill Sale will require all cash.)
2. Clean Sale or transfer with no conditions. (The Badham Bill Sale
will contain reversionary clauses.)
3. Immediate Sale. (Badham Mill Sale will not be approved without
a court suit.)
4. State will probably waive but all late negotiations assumed City
will amend the Badham Bill to delete the term "Acquisition Price"
and insert "Market Value."
(1) Value did not include church building.
-2-
11. PARCELS ON WHICH INFORMAL. OFFER HAS BEEN RECEIVED
A. Sale
Parcel
Date
Acquisition
State
Sale
Identity Size No.
Acquired
Price
Appraisal
Price
P.D.M. 230,889 sq.ft. 41339
3 -25 -66
$380,153
$774,505
$553,800
B. Terms
1. 30% down ($166,140) and a ten year note ($387,660) at 7% simple
interest. (Bpdham Bill Sale will require all cash.)
2. Clean Sale or transfer with no conditions. (Badharn Bill Sale
will contain severe restrictions and /or reversionary clauses.)
3. Six to eight months option period with immediate sale when acceptable
to the City.
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STATE OF CALIFORNIA— BUSINESS AND TRANSPORTATION AGENCY RONALD REAGAN, Gererno,
DEPARTMENT OF TRANSPORTATION
DISTRICT 7, P.O. BOX 4304, LOS ANGELES 90034 -s
August 9, 1974
07 -Ora -1
Parcels 57847, 40468,
41246, and 41356
City of Newport Beach
330 Newport Boulevard
Newport.Beach, California 92660
Attn: Mr. Robert L. Wynn
City Manager
Gentlemen:
The Department of Transportation hereby offers to sell the above -
referenced property to the City of Newport Beach for the appraised
value of $601,600,00. The following portion of this letter when
the duplicate copy is executed and returned by you with a Resolution
from the City Council will constitute the agreement for the purchase.
This Resolution must indicate that this property will be purchased
for public purposes. The description of the public use must be .
specified in said Resolution. In the absence of the foregoing
Resolution a clause will be added to the Director's Deed restricting
the property to a public use.
This transaction will not be processed for the California Highway
Commission approval until the duplicate copy of this letter is fully
executed and returned with above Resolution.
The City of Newport Beach hereinafter known as purchaser, offers to
purchase from the California Department of Transportation that
certain property referred to above for the State's appraised value
of $601,600.00. The amount of $436,600.00 will be paid by the City
to the State upon demand. The balance of $165,000.00 will be subject to
a Trust Deed and Note to be executed by the City covering payments
of principle and interest at 7% per annum for a period of'5 years.
Please indicate exactly how title is to be vested:
City of Newport Beach, a municipal corporation
It is expressly understood by the purchaser that the right, title and
interest in the property to be transferred by this sale shall not
exceed that vested in the State of California and that no Policy of
Title Insurance will be furnished or escrow fees paid by the State of
California in this transaction.
City of Newport Beach Page 2 August 9, 1974
It is further understood that the purchaser shall not have use of
the property until a Director's Deed has been recorded.
The purchaser agrees to the above terms and conditions of sale.
Place of execution Newport Beach
Date of execution
ATTEST:
August , 1974
'ditly Clerk T
CITY OF NEWPORT BEACH
1
By 4s4 72,a,, w hi, 1L4wt -, Mayor
orize rr icer who nag
the authority to commit the
City of Newport Beach to the
acquisition of this property.
The terms and conditions of the above offer are hereby accepted
subject to the approval of the California Highway Commission.
For Department of Transportation
EDWARD C. PURPUS
Right of Way Agent
Excess Land Sales
ECP:gmk
Encls.
07- Ora -1 -2
Parcels B70 a -1, U -2 & A8188
Account 0027069 - 001 -01
S/S Seashore Drive between 54th
Street and Summit Street,
City of Newport Beach C-14� % �o
H.P.R.F.
L E A S E
THIS LEASE, made this 30thday of October , 19 74,
at Los Angeles , California, by and between the
State of California, Department of Transportation, Lessor, and
CITY OF NEWPORT BEACH, Lessee, of 3300 Newport Beach Boulevard,
Newport Beach, California.
W I T N E S S E T H
That the Lessor, in
hereinafter specified to
and agreements herein coi
unto Lessee that certain
of California, said land
the maps attached hereto
consideration of the payment of the rent
be paid by the Lessee, and the covenants
Ztained, does hereby lease, demise and let
property in the County of Orange, State
or interests as outlined in yellow on
and made a part hereof, including improve-
ments, if any, for the term of ten (10) years, or completion of
Transportation Corridor Study, whichever is earlier, - commencing
on. the. let day of November, 1974, and ending on. the .3lst day of
O.Gtob.es;. 1984,. -with the right of cancellation and termination in
both Lessor and Lessee as hereinafter set forth, at the total
rental of $12,000.00, payable to the "Department of Transportation ",
in lawful money of the United States, in monthly installments of
$100.00, in advance, on the 1st day of each and every month
thereafter; excepting that receipt is hereby acknowledged by
Page 1
the Lessor of the soof $200.00 from the Less in payment for
the first and last months' rental under this lease. All rental
payments shall be delivered to the office of Department of Trans-
portation (Office of Right of Way), at 120 South Spring Street,
Los Angeles, California, 90012.
The herein described property is not, at this date, being
used for State highway purposes within the meaning of Section 104.6,
Streets and Highways Code.
Lessee hereby covenants and agrees as follows:
1. To use the property for the following purposes only:
Park, Recreation and related facilities.
2. To pay Lessor said rent as hereinabove provided, and in
addition thereto, to pay, when due, all water, electric, gas and
other lighting, heating and power rents and charges accruing or
payable in connection with said property during the term of this
Lease; and to permit Lessor or its agents to enter said property
at any reasonable time to inspect the same.
3. Not to commit, suffer or permit any waste on said
property, and not to use or permit the use of said property for
any illegal or immoral purposes. Lessee further agrees to comply
with all State laws and local ordinances concerning said property
and the use thereof.
4. After the Transportation Corridor Study is completed
and the future right -of -way line delineated, this lease shall be
subject to cancellation and termination by either party by giving
the other party notice in writing at least 180 days next prior
to the date when such termination shall become effective. In the
Page 2
event of such termibion, any unearned rentalvoid by the Lessee
shall be returned to the Lessee. In the event of termination under
this section, the City shall have the option to:
(a) Enter into a new lease with the State for those
portions of the property designated as being within the new right
of way line of Pacific Coast Highway established by the Transporta-
tion Corridor Study at $100.00 per month,
(b) Enter into negotiations to purchase those portions
of the property designated as being outside of the new right of
way at a price acceptable to both parties. Once valuation has
been established, the City will deposit $1,000.00 which will be
applied to purchase price if Option to Purchase is exercised.
City will exercise Option within 180 days or if bond election is
necessary, City will, in all good faith, set election at earliest
feasible date and exercise Option to Purchase within 90 days after
election if election is successful. If City fails to exercise
Option, the $1,000.00 will be retained by State.
5, All notices herein provided to be given, or which may
be given, by either party to the other shall be deemed to have
been fully given when served personally on Lessor or Lessee, or
when made in writing and deposited in the United States mail,
certified and postage prepaid, and addressed as follows: To the
Lessee at address above stated and to Lessor, c/o Department of
Transportation, at 120 South Spring Street, Los Angeles, California,
90012. The address to which the notices shall or may be mailed
as aforesaid to either party shall or may be changed by written
notice given by such party to the other, as hereinbefore provided,
but nothing herein contained shall preclude the giving of any such
notice by personal service.
Page 3
6. Not to as& or sublet this Lease, *not to make or
suffer any alteration to be made in or on said property, without
the written consent of the Lessor.
7. It is specifically agreed and understood that Lessee
shall not call on Lessor to make any improvements or repairs on
said property of any nature whatsoever, but Lessee hereby specifi-
cally covenants and agrees to keep the same in good order and
condition at his own cost and expense.
8. Lessor, its assigns or successors in interest, shall not
be liable for taxes or assessments of any nature whatsoever on
the leased property.
9. To pay Lessor all costs and expenses, including attorney's
fees in a reasonable sum, in any action brought by Lessor to
recover any rent due and unpaid hereunder, or for the breach
of the covenants or agreements contained in this Lease, or
to recover possession of said property, whether such action
progresses to judgment or not.
10. If any rent shall be due and unpaid, or if default
shall be made in any of the covenants or agreements on the part
of the Lessee contained in this Lease, Lessor may, at its option,
at any time after such default or breach, and without any demand
on or notice to Lessee or to any other person, of any kind what-
soever, reenter and take possession of said property and remove
all persons therefrom, and Lessee waives any legal remedy to
defeat Lessor's rights and possessions hereunder.
11. At the expiration of said term, or any sooner termina-
tion of this Lease, to quit and surrender possession of said
property and its appurtenances, to Lessor in as good order and
Page 4
condition as the erty was delivered to undersigned Lessee,
reasonable wear and tear and demage by the elements and other
Casualties•excepted. In the event this lease is terminated or at
the expiration of the period of this lease, Lessee agrees to remove
all improvements except landscaping within the leased premises at
Its sole
expense within
60
days after
the termination of this
lease.
If Lessee fails
to
remove all
improvements, Lessor may
,remove such improvements at the expense of Lessee and bring an
action for recovery of such costs, together with all expenses
an8 attorney's fees incurred by reason of said action.
12. Lessor will not keep said property insured against
fire or any other insurable risk, and Lessee will make no claim
Ofany nature against Lessor by reason of any damage to said
property in the event same is damaged or destroyed by fire or
by'any other cause.
13. In the event there is any prior existing lease or
;ental• agreement between Lessee and State (or its predecessor
In interest) covering the subject property, it is agreed and
understood ehat this Lease shall cancel and terminate said prior
lease or rental agreement as of the effective date of this Lease..
Anything herein contained to the contrary notwithstanding,
this Lease may be terminated, and the provisions of this Lease.
may Le, in vriting., altered, changed or amended by mutual consent
of the parties hereto.
Page 5
14. Les recognizes and underst in accepting this
Lease 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 Lessee.
15. This Lease is made upon the express condition that
the State of California, its officers, agents and employees are
to be free from all liability and claim for damage by reason of
any injury to any person or persons, including Lessee, or property
of any kind whatsoever and to whomsoever belonging, including Lessee,
from any cause or causes whatsoever while in, upon, or in any way
connected with the said demised premises or the sidewalks adjacent
thereto during the term of this Lease or any extension hereof or
any occupancy hereunder,•Lessee hereby covenanting and agreeing
to indemnify and save harmless the State of California, its
officers, agents and employees from all liability, loss, cost and
obligations on account of or arising out of any such injuries or
losses however occurring.
16: 'Lessee shall, at his own expense, take out and keep
its force during the within..tenancy, public liability insurance and
property damage insurance in a company or companies to be approved
by the Lessor, to protect the State of California, its officers,
agents, and employees, as a named additional insured, against any
liability to the public incident to the use of and resulting fro-n
injury to, or death of, any person or persons or property damage,
Page 6
--including parked AWles, occurring in, or ut the demised
premises,' in the amount of not less than $2,000,000, to in-
demnify against the claim of one or more persons resulting from
any one accident. Said policies shall inure to the contingent
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
ecucerning property in the care, custody or control of the insured,
an endorsement shall be attached thereto stating that such ex—
elusion 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
atithin not more than ten (10) days after the effective date of
the policy. Lessee agrees -that, if Lessee does riot —keep such
insurance in full force and effect, Lessor may take out - insurance
and Vay 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.
17. The Lessee, for himself, his personal representatives,
auCIcessors in interest, and assigns, as a part of_ the _.consideration
hereof, does hereby covenant and agree, as a covenant running with
the lard, 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 otherv!ise subjected to discrimination in the
use of said facilities, (2) that in connection with the construction
of any improvements on said lands and the furnishing of services
Page
7
thereon, no discrimiftion shall be practiced Ake selection of
employees and contractors, by contractors, in the selection and
retention of first -tier subcontractors, 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 accommodations (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 Lessee shall use the premises 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 8) and as said
Regulations may be amended.
18. It is understood and agreed by the parties to this Lease
that the property herein is not a historic site of National, State
or local significance.
f
19. It is understood and agreed by the parties to this Lease
that Lessee will not resist termination of this Lease as set forth
in Paragraph 4 hereinabove, and it is further understood that the
obligations and responsibilities under this Lease shall not be
impaired or altered in the event of future statuatory change,
In the event of intervention by any person, entity or entities,
on behalf of the Lessee herein, Lessee will assist Lessor in
securing prompt termination of this Lease.
20. Lessee will submit development plans t kessor for
approval and.will not proceed with the development until approval
has been received from Lessor.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year in this Lease first above written.
CITY OF NEWPORT BEACH
APPROVED AS TO fO N
t
Ok q —�-
C; T*f EY
tt �\; U , J STATE OF CALIFORNIA
PARTMENT OF TRANSPORTATION
cam.
FQ K
CITY CLERIq
B
(If Tenant is a corporation, th foil ring rtificate
shall be executed by the Secretary, assist t secretary
or any official.of the corporation other than persons
signing on behalf of the corporation.)
I, ,certify that
I am the
Secretary of the corporation named as Tenant in the
attached Lease; that
who signed said Lease on behalf of the Tenant,
was then of said corporation, that said
Lease 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.
7- raR-649 A OCT 66
(Corporate
(Seal;
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Roger E. 'AlUams
Senior Right of Way Offioer
Property Management
Department of 2Yensportation
District 7, P. 0. Box 2304
Los Angeles, CA 90054
Subject: 07-Ora -20.1 -.
Parcels 069 U-1, U-2 4 A8188
Acooun 027069- 001 -01 - _...._ ._
G S/S Seashore Drive between 54th Street 8
Sumnsi.t Street
City of Newport Beach
Enclosed are signed original and two copies of Lease cover-
ing subject property. Also enclosed is the original Certifi-
cate of insurance which has been executed by the City's
insurance carrier.
When the Lease has been signed by the State, please return
a fully executed copy to my office for inclusion in our
official files.
Laura Lagios, rM
City Cleric
LL:swk
enc.
cc: Public Works Department
City Manager
STATE OF CALIFORNIA — BUSINESS AND TRANSPORTATION AGENCY RONALD REAGAN, Governor
DEPARTMENT Of TRANSPORTATION
DISTRICT 7, P.O. BOX 2304, LOS ANGELES 90054
October 3, 1974
07 -Ora -1 -20.1
Parcels B7069 U -11 U -2
& A818S""
Acboun�r0627069- 001 -01
S/S Seashore Drive between
54th Street & Summit Street
City of Newport Beach
City of Newport Beach
3300 Newport Beach Boulevard
Newport Beach, CA 92660
Attention: Mr. Robert Wynn, City Manager
Gentlemen:
Enclosed are three copies of Lease covering property located
at the south side of Seashore Drive between 54th Street and
Summit Street, City of Newport Beach, wherein the State of
California is the Lessor and you are the Lessee.
Please sign all three copies of the Lease and return all copies
to this office. When the Lease has been executed on behalf of
the State, one copy will be returned to you.
In compliance with Paragraph 16 of the Lease, please have your
insurance carrier execute the enclosed Certificate of Insurance
form and return the original to us.
Yours very truly,
�
4-11
E. WILLIAMS
Senior Right of Way Agent
Property Management
MM:hh
Encls.
QCT .1 oF�
19?
or
Policy No. LP 11624 i Par 19 B7069 U -1, U -2; A8188
Named ACO27069- 001 -01
Insured CITY OF NEWPOR 3/S ashore Dr bet. 54th $t
& Su mait Dr. City of Newport Beaa,l
CERTIFICATE OF INSURANCE FOR LEASE OF STATE -OWNED PROPERTY
This is to certify that the PACIFIC INDEMNITY INSURANCE COMPANY
(Name of Company)
the policy of General Liability Insurance herein described, which by the attachment of the State -Owned Property
Endorsement has been changed in accordance with the terms of the Endorsement. Coverages and limits of liability
under the policy are not less than:
Bodily Injury
$100,000 each person
$200,000 each occurrence
Property Damage
$50,000 each person
$50,000 each occurrence
ATE -OWNED PROPERTY ENDORSEMENT
This endorsement is attached to the policy described herein to assure compliance by the named insured with the
terms and provisions of the lease (or rental agreement) entered into between the Insured as Lessee and the State
of California as Lessor.
The Company amends the policy described herein as follows:
1. If the policy is canceled or changed so as to affect the coverages, at least fifteen (15) days' prior written
noticeof such cancellation or change will be sent to the Lessor State of California at the following address:
Box 2304 Terminal Annex, Los Angeles, California 30054
2. If the policy contains any clause excluding coverage as to property in the care, custody or control of the in-
sured, such clause shall not apply with regard to any liability of the State of California, its officers, agents,
or employees.
3. The Lessor State of California, its officers, agents, and employees are hereby declared to be additional in-
sureds inthe policy described insofar as they may be held liable for injuries, deaths, or damage to property oc-
curing in or about the leased premises.
Th is endorsement. counters i gned by an authorized representative of the Company, becomes applicable endorsement
number 17
Effective Date of Policy: February 1, 1974
Expiration Date of Policy: February 1, 1975
Dated: 11/18/ 19 74 at Newport Beach, y California
(State)
Name of AgegarTSoker: MILUM /GARVEY INSURANCE BROKERS, INC.
7
B. MILUM
Drive
Beach, California
IMPORTANT - THIS FORM IS THE ONLY CERTIFICATE OF INSURANCE ACCEPTABLE TO THE
STATE OF CALIFORNIA
7 -RAR -687 MAY 70
0 0
INSURANCE REQUIREMENT
Lessee shall, at his own expense, takeout and keep in force during the within tenancy, (a) public liability insur-
ance, 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 occuring in, or about the demised premises, in the amount of not less than $100,000.00 to
indemnify against the claim of one person, and in the amount of not less than$2,000,000against the claimsof
two or more persons resultingfrom 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 occuring in, or about the demised
premises, including any and all liability of the'Lessorfor damage to vehicles parked on the demised premises, in
the amountof not less than $50,000.00. Said policiesshall inure to the contingent liabilities, it 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 changes affecting the cov-
erage 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 exclusion shall not apply with regard
to any liability of the State of California, its officers, agents or employees. Lessee shall furnish as proof of
public liability insurance, a fully executed copy of Slate form, "Certificate of Insurance" and "State -Owned
Property Endorsement' not more than 10 days after the effective date of the insurance policy. Lessee agrees
that, if Lessee does not keep such insurance in full force and effect, Lessor may take out insurance and pay 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.
7 -RAR -687 -R MAY 70
After Five Days Return To:
STATE OF CALIFORNIA
DIVISION OF HIGHWAYS, DISTRICT 7
ATTN: R/W RENTALS BO;{ 2304 TERMINAL ANNEX
LOS ANGELES, CALIFORNIA 90054
FOLD HERE AND FASTEN
e
RESOLUTION NO. 8 38 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF
NEWPORT BEACH AND THE STATE OF CALIFORNIA, DEPART-
MENT OF TRANSPORTATION, FOR TWO PARCELS LOCATED IN
WEST NEWPORT, FORMERLY OWNED BY THE PACIFIC ELECTRIC
RAILROAD
WHEREAS, by Resolution No. 8346, the City Staff was
authorized in conjunction with the State Department of Transportation
to prepare the necessary documents for the lease of Parcel Nos. A8188
and B7069, formerly known as the Pacific Electric right -of -way; and
WHEREAS, the Staff and the State have concluded negotia-
tions and have drafted a Lease Agreement for the subject property,
which is to be used for park, recreation, and related purposes; and
WHEREAS, the City Council has reviewed the terms and condi-
tions of said Lease Agreement and have found them to be fair and
equitable;
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Newport Beach hereby authorizes the Mayor and City Clerk
to execute a Lease Agreement between the City of Newport Beach and .
the State of California, Department of Transportation, for Parcel
Nos. A8188 and B7069 located in West Newport, formerly owned by the
Pacific Electric Railroad.
ADOPTED this 11th _ day of November , 1974.
ATTEST:
City Clerk
Mayor
DDO:kb
11 -5 -74
0 0