HomeMy WebLinkAboutC-1785 - Lease of Pacific Coast Highway City Parking LotSTATE OF CALIFORNIA' TO: SUBJECT: DAT i
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A 0EWPORT BEACH POLICE DEPARTMEIO
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NBPD TONY 1.43 19•60) '
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To:
FROM:
SUBJECT:
EWPORT BEACH POLICE R
MEMORANDUM
DATE: 8 -13 -82
Environmental Services Coordinator TIME:
SPECIAL MEETING
As you know, there has been a recurrent problem with toxic chemical
spills involving storm drains which empty into the Arches Marina.
Due to the frequency of these spills, it has become necessary to
take some special action to-coordinate spill response procedures
and investigative efforts.to identify the generation source.
Please provide a representative to meet with other involved agencies
at a special meeting on Thursday, August 19, 1982, 9:00 a.m., in
the Newport Beach City Council Chambers (3300 Newport Boulevard).
Tim Newman, Officer
Environmental Services Coordinator
cc: Dave Harshbarger, Mariner Dept.
Chief Reed, Fire Dept.
Wade Beyeler, General Services
Harry Gage, Harbor Dept.
Pollution Investigator, USCG
Jim Steele, Fish & Game Dept.
Nira Yamachika, EMA
Ben Nolan, Public Works
Bruce Paine, SARWQCB
I ❑ PLEASE REPLY I ❑ REPLY NOT NECESSARY I
M810 FORM 1.23(9-90)
4tQ7-�&fi, Li JTY OF NEWPORT BEACH
A,,- klki�,j CALIFORNIA
City Hall
3300 W. Newport Blvd.
ijf, Area Code 714
673 -2110
DATE February 23, 1976
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 1785
Description of Contract Pacific Coast Ria wwat9 City Parkina T1)t IMW
with the state of California
Authorized by Resolution No. 8686 , adopted on Jaroy y 26, 1976
Effective date of Contract Deoerdler 5, 1975
Contract with State of Ca11fc=Aa, Department of Traropertatim
Address P. O. Box 2304, Tbpd.nal AMNX
Amount of Contract See Clonhrwt
City Clerk
It Edmund G. Brown Jr.
STATE OF CALIFORNIA— BUSINESS AND TRANSPO TATION AGENCY -RGNA 9- *M&AN, Governor
DEPARTMENT OF TRANSPORTATION
DISTRICT 7, P.O. BOX 2304, LOS ANGELES 90054 Ln w
February 17, 1976
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92660
Attention: Mr. Robert L. Wynn
City Manager
Gentlemen:
7- Ora -1 -0.3
Account 36741- 001- 02/61Y
Enclosed for your file is fully executed copy of Lease
covering the above - referenced property.
Very truly yours,
PAUL M. GERARD
Property Management
PMG :es
Encl.
F� s 20 19763-
Ci'Y OF
FiF1+;-u'T GCRCH,
ULIF. .C:
WASu z.:n!RN M
L :i _..:;:!`„ CITY CLERK
".VA ^D
i•; 1: , ! :r. 92660
a -1 -0.3
��,- 00unt 36741- 001 -02
L E A S E
THIS LEASE, made this 5th day of December, 1975, at Los Angeles,
California, by and between the STATE OF CALIFORNIA, DEPARTMENT OF
TRANSPORTATION, hereinafter called Lessor, and the CITY OF NaIPORT
BEACH, hereinafter called Lessee, of 3300 Newport Boulevard, Newport
Beach, California 01206-60.
W I T N E S S E T H
That the Lessor, in consideration of payment of the rent herein-
after specified to be paid by the Lessee, and the covenants and
agreements herein contained, does hereby lease, demise, and let unto
Lessee that certain vacant property in the City of Newport Beach, State
of California, County of Orange, the address of which is the northwest
corner of Coast Highway and Newport Boulevard and legally described as
follows:
That certain vacant land consisting of 5.6 acres, more or
less, as outlined in red on the map attached and made a
part hereof, including inprovemerts, if any.
This shall be a firm lease for a period of three (3) years, com-
mencing on the 1st day of :larch, 1975, and ending on the 28th day of
February, 1978, with the right of cancellation and termination in both
Lessor and Lessee as hereinafter set forth at a total rental of Ten
Thousand Eighty Dollars ($10,080.00) payable to the Department of
Transportation in lawful money of the United States, in monthly install-
ments of $230.00, in advance, on the first day of each and every month
thereafter; excepting that receipt is hereby acVnowledged by the Lessor
of the sum, of $560.00 from the Lessee, in payment of the first and last
M1
'monthst rental undefthis Lease. The State sh% allow the City of
Newport Beach the option to sublease with the State receiving 600
of the monies derived from the sublessee of any amount over $280.00
per month, which the State receives on the total property. Lessee
shall furnish the State with a copy of the sublessee's lease. All
rental payments shall be delivered to the office of the Department of
Transportation, Right of Way Rentals, 120 South Spring Street, Los
Angeles, California .00012.
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 parking lot purposes only.
(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) Lessee recognizes and understands in accepting this Lease
that his interest therein may be sub„ect to a possible Possessory
Interest Tax that the Cicy or County may impose on such interest, and
that such tax payments shall not reduce any rent due the State hereunder
and any such tax shall be the:liability of and be paid by the Lessee.
(4) Except as specifically authorized hereinabove, not to assign
or sublet this Lease, and not to make or suffer any alteration to be
made in or on said property, without the written consent of the Lessor.
Lessee further agrees to comply with all State laws and local ordinances
(2)
concerning said pro ty and the use thereof, 0 to use or permit
the use of said property for any illegal or immoral purposes.
(5) Lessee agrees not to commit, suffer or permit any waste
on said property and further agrees that said premises shall be
maintained in a manner commensurate with privately owned properties
in the neighborhood.
(6) The Lessor shall be the sole judge as to the amount and
extent of maintenance work to be performed and the compliance by the
Lessee pursuant to notice given to perform such work.
(7) This Lease shall be subject to cancellation and termination
by either party at any time during the term hereof by giving the other
party notice in writing at least sixty (60) days next prior to the
date when such termination shall become effective. In the event of
such termination, any unearned rental paid by the Lessee shall be
returned to Lessee.
The Lessee agrees to permit the Lessor reasonable access to show
the property to prospective lessees within sixty (60) days prior to
the termination of the Lease.
(8) 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 to the Lessee at address above stated
and to Lessor, c% Department of Transportation, Box 2304, Terminal
Annex, Los Angeles, California 90051. 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 herein -.
before provided, but nothing herein contained shall preclude the giving
of any such notice by personal service.
(3)
(9) To pay Loor all costs and expensellincluding attorneys'
fees in a reasonable sum, in any action brought by Lessor to recover
any rent due and unpaid hereunder, or for the breach of any of the
covenants or agreements contained in the Lease, or to recover posses-
sion 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 the 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 whatsoever, re -enter and take
possession of said property and remove all persons therefrom, and
Lessee waives any legal remedy to defeat Lessor's rights and possession
hereunder.
(11) At the expiration of said term, or any sooner termination
of this Lease, to quit and surrender possession of said property and
its appurtenances to the Lessor in as good order and condition as the
property was delivered to the undersigned Lessee, or the condition
following performance of maintenance work as required by the Terms of
Auction or the Lessor, reasonable wear and tear and damage by the
elements and other casualties excepted.
(12) Except as specifically authorized hereinabove, Lessee shall
not assign, sublet or otherwise transfer this Lease or any portion
thereof and any attempt to do so shall be voidable and of no effect
for any purpose and shall furnish grounds for immediate termination of
-this Lease.
No holding over by Lessee shall operate to renew this Lease with-
out the written consent of the Lessor endorsed thereon.
(4)
Should the Lesse0hold over after the expil0ion of the term of
this Lease, with the consent of the Lessor, expressed or implied,
said tenancy shall be deemed to be a tenancy only from month to month,
subject otherwise to all of the terms and conditions of this Lease
so far as applicable,
(13) In the event there is any prior existing Lease or Rental
Agreement between Lessee and the State, or its predecessor in interest,
covering the subject property, it is agreed and understood that this
Lease shall cancel and terminate said prior Lease or Rental Agreement
as of the effective date of this Lease.
(14) That 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 leased
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.
(15) Lessor will not keep said property insured against fire or
any other insurable risk, and Lessee will make no claim of any 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.
(16) The 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 against
(5)
any liability to thublic incident to the use
I f, or resulting from
injury to, or death of, any person occurring in, or about, the demised
premises, in an amount of not less than $100,000.00. to indemnify against
the claim of one person, and in an 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 an amount of not less than
$50,000.00. 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 concerning property in the care, custody, or
control of the insured, an endorsement shall be attached thereto stating
that exclusion shall not apply with regard to any liability to 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 this policy. Lessee
agrees that, if he 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.
(17) The Lessee, for himself, his personal representatives,
successors in interest, and assigns, as a part of the consideration
thereof, does hereby covenant and agree as a covenant running with the
c6)
land that (a) no pelon, on the grounds of racocolor, or national
original shall be excluded from participation in, be denied the benefits
of or be otherwise subject to discrimination in the use of said
facilities, (b) that in connection with the construction of any
improvements on said lands and the furnis;iing 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 subcontractors, and by first -tier subcontractors in the selection
and retention of second -tier subcontractors, (c) that such discrimina-
tion 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 (d) 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 CFR, Fart 8), and as said Regulations
may be amended.
(18) That in the event of breach of any of the above nondiscrim-
ination_ covenants, the Lessor shall have the right to terminate the Lease
and to re -enter and repossess said land and the facilities thereon, and
hold the same as if said Lease had never been made or issued.
(19) It is understood and agreed that a bond in the amount of
10,000.00 shall be deposited with the State of California, Department
of Transportation, as security for the removal of temporary improvements
installed by the undersigned Lessee, consisting of fencing, electric
light poles and blacktop surfacing, and any and all other temporary
improvements placed on subject property. Said improvements are to be
(7)
1
made at the Lessee 0s ole expense. It is furt% understood and
agreed that the above referred to temporary improvements are to be
removed at Lesseels sole expense on or before the date Lessee vacates
the property. The property will be.left in the same condition as
existed prior to the time the temporary improvements were placed on
the property.
Anything herein contained to the contrary notwithstanding,.this
Lease may be terminated, and the provisions of this Lease may be, in
writing, altered, changed or amended by mutual consent of the parties
hereto.
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
ATTEST: By Mayo��
d G
Deputy City C1
PG:es
STATE OF CALIFORNIA
DEPARTKENT OF TRAILUORTATION
e
Right of Way Propertjj Services
If Lessee 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:
I, , certify that I am
the of e corporation named as
Lessee In the attached Lease; at ,
who signed said Lease on behalf of the Lessee, was then
of said corporation, that said
Lease was duly signed or an in behalf of said corporation
by authority of its governing body, and is within the scope
of its corporate powers.
(Corpora-T-e-S-e-aTT
3,
i •
CITY OF NEW ORT BEACH
CALIFORNIA 92660
City Hall
3390 Newport Blvd.
(714) 6n,gli9t640 - 2153
February 6, 1976
"Certified Mail" 3�°)- 9y/
State Department of California
Department of Transportation
P.O. Box 2304, Terminal Annex
Los Angeles, CA 90051
Attention: Mr. W. A. Routery, Chief
Right of Way Property Services
Attached are two executed copies of the lease agreement by the Mayor
and Deputy City Clerk of the City of Newport Beach. The lease with
the State for the Pacific Coast Highway Parking Lot, C -1785 was
authorized by the City Council on January 26, 1976 by the adoption
of Resolution No. 8686.
Please execute and return a signed copy to the City Clerk's office
for their records.
Thank you.
Sincerely,
ROBERT J. LONG
Administrative Assistant
to the City Manager
RJL:ib
Attachments
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RESOLUTION NO. 868-,
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 IN CONNECTION
WITH PROPERTY LOCATED AT THE NORTHWEST
CORNER OF COAST HIGHWAY AND NEWPORT
BOULEVARD; COAST HIGHWAY PARKING LOT
WHEREAS, there has been presented to the City
Council of the City of Newport Beach a certain lease agree-
ment between the City of Newport Beach and the State
of California, Department of Transportation in connection
with property located at the northwest corner of Coast
Highway and Newport Boulevard; Coast Highway parking lot; and
WHEREAS, the City Council has considered the terms
and conditions of said lease agreement and found them to be
fair and equitable, and in the best interests of the City;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said lease agreement above
described is approved, and the Mayor and City Clerk are hereby
authorized and directed to execute the same on behalf of
the City of Newport Beach.
ADOPTED this 26th day of January, 1976.
ATTEST:
City Clerk
DDO:yz
1/23/76
February 6, 1976
Administrative Assistant to the City Manager
Lease with the Stto "tor the Pacific Coast Highway
City Parking Lot, 785
Attached are two executed copies of the above agreasent
by the Mayor and Deputy City Clerk for transmittal to
the Department of Transportation of the State of California.
Please transmit to them with the request that they return
an executed copy to the City Clerk's office for the
official records.
This lease was authorised by the City Council on January 26,
by the adoption of Resolution No. 8686.
City Clerk's office
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