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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) _ `fv� .1.atN '--city e c f � 7,,;�y- :r .y T 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 MM:hh Encl . C. .- VAI 1 z 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 ' 0 ERT L.'WYNaN Y y 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. 9 so o Do a� % I c) CN 3w, nL Z4 i 1 10 Ct i ; i 1 10 i ; e 1 1 �q OS��b G7 �� ` bN3o0'ov /c •i A 3__ p'r• Iv / r.r [ o' ♦ill llII n � • t to � :� �.l • _ [ 1 ' r 6 66 J , y J l i' . 17 7 -T- Ii ON09 00 00 is H109 -T I fl ON09 00 00 is H109 -T N ^� P h� �° " 0 a( o�� N ON09 00 00 is H109 -T M 40 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; MM:hh Page 9 ,y r. L lk > 6 C a W" I, a o =mx,^ Q ! a- i e - oW h o t � a u v o a = I r. L lk 1$ H109 .._ ._ " 0111. _ F ° O m � - Z � e O � I I Z I I r � a m i. 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X4/70 $ .i f, Rh I •+ I� 11 M�t ix at 8 ; bYYONOS I ra I Ad 1 Il h i .'r 1 �\ Th t I I II 1s T�f I 14 : I ° I % klw 00♦L1 �W Ox dl ! Wz r� z-,>. O � oW w W =x I •,° 3"a 0o z - Wr,ot Fai Vl ce.ZOo�.,$W a qO.7 � 'l uza V 6 •6 W Q a x o µ7 W .'r 1 �\ Th t I I II 1s T�f I 14 : I ° I % klw 00♦L1 1 X V � ` �1N-1�I Ier.1 "1* t 4 V n , �W Ox dl ! Wz r� z-,>. oW w W =x Q ►� � •,° 3"a 0o z - Wr,ot Fai Vl ce.ZOo�.,$W a qO.7 � 'l uza V 6 •6 W Q a x o µ7 W J W a u, 1 X V � ` �1N-1�I Ier.1 "1* t 4 V n , 4 0 • 0 a 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