HomeMy WebLinkAbout235C CHEVRON USA INC73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (619) 346-0611
August 14, 1984
ARCHITECTURAL REVIEW COMMISSION ACTION
CASE NO: 235 C
APPLICANT (AND ADDRESS): CHEVRON U.S.A. INC., 1201 S. Beach Boulevard, La
Habra, CA 91355.
NATURE OF PROJECT/APPROVAL SOUGHT: Approval of installation of an 84 square
foot kiosk between pump islands at existing Chevron station.
LOCATION: Southeast corner of Highway I I I and Plaza Way.
ZONE: PC (3) S.P.
Upon reviewing the submitted plans and the presentations by the staff and by the
applicant, the architectural review commission moved to approve this case by minute
motion.
Date of Action: August 14, 1984
Vote: 2-0
(An appeal of the above action may be made in writing to the city clerk of the City of
Palm Desert within fifteen (15) days of the date of the decision.)
STAFF COMMENTS: Minutes are attached.
MINUTES
PALM DESERT ARCHITECTURAL COMMISSION
AUGUST 14, 1984
NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary plans for a
single story 5,180 square foot office building.
LOCATION: East side of Las Palmas
ZONE: R-3
Approval is subject to the following condition:
1. Final construction drawings, including a final landscaping, grading,
lighting, amenities, trash storage, walkway layout, irrigation plans and
sign program shall be submitted to the architectural review
commission. No final inspection or occupancy permit shall be given by
the department of environmental services to this project until the
aforementioned approved plans and construction shall have been
completed.
4. CASE NO: 236 C
APPLICANT (AND ADDRESS): MR. JOHN ARGYROS, 2398 Spring Street,
Signal Hill, CA 90804; MR. FRANK URRUTIA, 69-730 Highway 111, Suite
107, Rancho Mirage, CA 92270.
NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary and final
approval of a 2880 square foot coffee shop.
LOCATION: Southeast corner of Palm Desert Drive and Shadow Hills.
ZONE: C-1
5. CASE NO: 235 C
APPLICANT (AND ADDRESS): CHEVRON U.S.A. INC., 1201 S. Beach
Boulevard, La Habra, CA 91355.
NATURE OF PROJECT/APPROVAL SOUGHT: Approval of installation of
an 84 square foot kiosk between pump islands at existing Chevron station.
LOCATION: Southeast corner of Highway I I I and Plaza Way.
ZONE: PC (3) S.P.
6. CASE NO: 237 C
APPLICANT (AND ADDRESS): HILLIS FURS, 148 N. Palm Canyon Drive,
Palm Springs, CA 92262.
NATURE OF PROJECT/APPROVAL,- OUGHT: Preliminary and final
approval of plans for renovation to frontf,V fisting commercial building.
LOCATION: 73-956 El Paseo.
ZONE: C-1, S.P. SU8
�C
Approval is subject to the following condition: 7 /0ti j0
1. Provide new screen around air conditioning unit on roof.
The minute motion on these cases was approved 3-0.
-2-
Chevron U.S.A. inc.
1201 S. Beach Blvd.
La Habra, Ca. 90631
Attn.Lloyd Johnson
Chevron U.S.A. inc.
1201 S. Beach Blvd.
La Habra, Ca, 90631
Attn. Lloyd Johnson
AGENDA ITEM NO: III-B-5
DATE: August 14, 1984
ARCHITECTURAL COMMISSION
CASE NO: 235 C
APPLICANT (AND ADDRESS): CHEVRON U.S.A. INC., 1201 S. Beach Boulevard, La
Habra, CA 91355.
NATURE OF PROJECT/APPROVAL SOUGHT: Approval of installation of an 84 square
foot kiosk between pump islands at existing Chevron station.
LOCATION: Southeast corner of Highway I I I and Plaza Way.
ZONE: PC (3) S.P.
DISCUSSION:
The applicant is proposing to install a kiosk between the pump islands at the existing
Chevron station. The structure wil be 9 feet high and finished with smooth steel panels
painted beige. A painted steel fascia extends around the top and will be painted off-
white. The glass will be bronze tinted.
The kiosk is to be located partially under the existing canopy and will extend to the north
into driveway area, but should not pose an impediment to on -site circulation. Commission
may wish to consider having the kiosk moved to the south totally under the canopy and out
of the driveway area.
RECOMMENDATION:
That the commission review the proposal to install a kiosk at the Chevron station, Case
235 C, and determine acceptability.
Prepared by:
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PLAZA WAY
Chevron U.S.A. Inc.
1201 S. Beach Blvd.
La Habra, Ca. 90631
Attn. Lloyd Johnson
Chevron U.S.A. Inc.
1201 S. Beach Blvd.
La Habra, Ca. 90631
Attn. Lloyd Johnson
Chevron U.S.A. Inc.
1201 S. Beach Blvd.
La Habra, Ca. 90631
Attn. Lloyd Johnson
Chevron U.S.A. Inc.
1201 S. Beach Blvd.
La. Habra, Ca. 90631
Attn. Lloyd Johnson
ICU U V 19? ?ALL.M Uf�-299HV
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REOUEST! ; Desvtoe soegfic r,alum of uporoval rpueetsd ).
1?*U(i1n NJ
DESlGy REVIEW AJAR
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213-6947445
Tet eon one
91355
Tnstnll x14'kiosk on existing chevron station, between pump islands, north end.
PROPERTY DESCRIPTION:
(see attached title
ASSESSOR'S PARCEL NO. 640170003-7
cXISTING ZONING
C-P
Pn»srrY Owner Aumonzotfon TM undrl:tpnsp ,testae that tMY am the o.neir W of the arcow?Y described herein and hurony give uutr
=11ion for the filing or Tle opaiio tfon.
agreement absolving the Cry of Fhtra Dessrr of oil liabilities hew"" to any deed resMmlons.—���-
1 DO BY MY SIGNATURE ON THIS AGREEMENT, Atasorve the C1Y of Paled Over, of all IbWiltles regarding mry dosd restrVctioi
mvy ae 0aafmb4 time paoerry described n.rM�n. Signmun Dots
Abolicont's Signmum
".R STAFF USE ONLY) Environmental Status
D Ministerial Am
D Caleporical E:emonan
❑ Negative Oeeicrn"'
Ate*~ bYt
Q'Ah isa
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Other I RHerencs Case No. _
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Design Review Of:
CITY OF PALM DESERT
APPLICATION FORM
DESIGN REVIEW BOARD PROCESS
can
ec
CASE NO.
U7
Agreement of compliance to be signed by those applying for review.
I hereby acknowledge that I have read and agree, to comply with
all the following requirements, and understand that the Depart-
ment of Building and Safety will not issue a building permit or
allow occupancy on the use permitted until this signed confirma-
tion has been received by the Department of Environmental Services.
The development of this: project -shall conform substantially to al, development plans submitted in behalf of this case, and as revised
according to the Design Review Board process. Any minor change
requires approval by the Director of Environmental Services. Any
Substantial change requires approval by the Design Review Board.
All requirements of any law, ordinance, or regulation of the State,
City, and any other applicable government entity shall be complied
with as part of the development process.
This approval is applicable, subject to the development of this
project, commencing within one year from approval date and being
promptly completed.
Landscaping (with irrigation system) shall be installed prior to
final inspection and receiving certificate of occupancy.
Curb, gutter, curb cuts, and tie-in paving shall be provided along
the full frontage of the lot by means of installation prior to
final inspection or other provisions as approved by the City
Engineer. Construction shall conform to City Standards and all
requirements of the City Engineer.
All new and existing electrical distribution lines, telephone,
cable antenna television, and similar service wires or cables,
which are adjacent to and provide service to the property being
developed shall be installed underground as a part of development
from the nearest existing pole not on the property being developed
/�2/rod by -ipal Code.
g na to re ---
Department of Environmental Services Fcrm 18
Kiosk installation
72801 hwy. 111& hwy. 74
Palm Desert
Project Coordinator
L.M. Johnson
1201 S. Beach Blvd.
La. Habra, Co. 90531
213 5947445
Project Engineer
Ken Soares
1201 S. Beach Blvd.
La. Habra, Ca. 90611
211-6947724
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CLTA-1963 STANDARD COVERAGE
AMENDED 1969
POLICY OF TITLE INSURANCE
i"lled hN
SECURITY TITLE INSURANCE COMPANY
Security Title Insurance Company, a California corporation, herein called the Company, for a valuable
consideration paid for this policy, the number, the effective date, and amount of which are shown in
Schedule A, hereby insures the parties named as Insured in Schedule A, the heirs, devisees, personal
representatives of such Insured, or if a corporation, its successors by dissolution, merger or consol-
idation, against loss or damage not exceeding the amount stated in Schedule A, together with costs,
attorneys' fees and expenses which the Company may become obligated to pay as provided in the
Conditions and Stipulations hereof, which the Insured shall sustain by reason of:
1. Any defect in or lien or encumbrance on the title to the estate or interest covered hereby in the
land described or referred to in Schedule A, existing at the date hereof, not shown or referred to
in Schedule B or excluded from coverage in Schedule B or in the Conditions and Stipulations;
or
2.-Unmarketability of such title; or
3. Any defect in the execution of any mortgage shown in Schedule B securing an indebtedness, the
owner of which is named as an Insured in Schedule A, but only insofar as such defect affects the
lien or charge of said mortgage upon the estate or interest referred to in this policy; or
4. Priority over said mortgage, at the date hereof, of any lien or encumbrance not shown or referred
to in Schedule B, or excluded from coverage in the Conditions and Stipulations, said mortgage
being shown in Schedule B in the order of its priority;
all subject, however, to the provisions of Schedules A and B and to the Conditions and Stipulations
hereto annexed.
In Witness Whereo%, Security Title Insurance Company has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers on the date shown in Schedule A.
Secretary
�,�gDRPOflATfOt3,�� /j� .�J /
MARCH,5,196'l ='
� Lei
President
ri b
store
P-21e IG.S.1 Pse«....,, c.�....r .�.+.�... a.a.ww Tr .mow.
CPPrnaht iq
SCHEDULE A
Effective .Amount of liability: $ 100,000.00
Date: November 309 1970 at 1:10 P. 111.
INSURED
STANDARD OIL COMPANY OF CALIFORNIA
Policy No: 381576-B
Premium $ 287.20
1. The estate or interest in the land described or referred to in this schedule covered by this policy is:
A Leasehold Estate more fully described on Page 4, this Schedule A.
2. Title to the estate or interest covered by this policy at the date hereof is vested in:
STANDARD OIL COMPANY OF CALIFORNIA
3. The land referred to in this policy is situated in the State of California, County of Riverside
and is described as follows:
PARCEL 1; That portion of the Southeast quarter of Section 192 Township
5 South, Range 6 East, San Bernardino Base and Meridian, according to
Official Plat of said land approved by the Surveyor General on July 15,
1856, described as follows:
Commencing at the intersection of the center line of that certain
100 foot strip of land commonly known as State Highway 74, as
conveyed to the County of Riverside by Deed recorded February 9,
1932 in Book 64 page 373 of Official Records, Riverside County
Records, with the center line of that certain 100 foot parcel of
land commonly known as El Paseo Road conveyed to the County of
Riverside by Deed recorded August 6, 1962 as Instrument No. 73924;
thence South 89° 301 40" West, on the center line of E1 Paseo Road,
1089,46 feet; thence North 00 291 2011 West 600.26 feet, to an angle
point on the South line of that certain parcel conveyed to the
Page 2, Schedule A.
State of California by Deed recorded December 24, 1964 as Instrument
No. 152892, said point being the point of tangency of a 2050 foot
radius curve concave to the Northeast; thence South 870 301 37" East,
on said South line, 30.04 feet to the true point of beginning;
thence South 00 29, 20" East 190.41 feet; thence North 890 301 40"
East 200 feet; thence North 0° 291 20" West 150 feet, to the South
line of said parcel conveyed to the State of California; thence
North 870 301 37" West, on said South line, 200.27 feet, to the
true point of beginning.
PARCEL 2: A non-exclusive easement for ingress and egress over a
strip of land 15 feet in width, the center line of which is described
as follows:
That portion of the Southeast quarter of Section 19, Township 5 South,
Range 6 East, San Bernardino Base and Meridian, according to the
official plat of said land approved by the Surveyor General on July 15,
18563, described as follows:
Commencing at the intersection of the center line of that certain 100
foot strip of land commonly known as State Highway 74, as conveyed to
the County of Riverside by Deed recorded February 9, 1932 in Book 64
page 373 of Official Records, with the center line of that certain 100
foot parcel of land commonly known as E1 Paseo Road, conveyed to the
County of Riverside by Deed recorded August 6, 1962 as Instrument
No. 73924; thence South 890 301 40" West on the center line of E1
Paseo Road, 1089.46 feet; thence North 0° 291 20" West 50 feet to the
North line of E1 Paseo Road; thence continuing North 01 291 20" West,
550.26 feet to an angle point on the South line of that certain parcel
conveyed to the State of California by Deed recorded December 24, 1964
as Instrument No. 152892; said point being the point of tangency of a
2050 foot radius curve concave to the Northeast; thence South 870 30,
37" East on the South line of said parcel, 237.82 feet to the true
point of beginning; thence South 00 291 20" East, 157.11 feet; thence
South 890 30f 40" West, 207.50 feet.
PARCEL 3: A non-exclusive easement for ingress and egress over a
strip of land 66 feet wide, the center line of which is described
as follows:
That portion of the Southeast quarter of Section 19, Township 5
South, Range 6 East, San Bernardino Base and Meridian, according
to the Official Plat of said land approved by the Surveyor General
on July 15, 1856, described as follows:
Commencing at the intersection of the center line of that certain
100 foot strip of land commonly known as State Highway 74, as con-
veyed to the County of Riverside by Deed recorded February 9, 1932
in Book 64 page 373 of Official Records, with the center line of
Page 3, Schedule A.
that certain 100 foot parcel of land commonly known as E1 Paseo
Road conveyed to the County of Riverside by Deed recorded August 6,
1962 as Instrument No. 73924; thence South 890 30' 40" West, on
the center line of El Paseo Road, 1092,46 feet; thence North 0° 291
20" West 438.21 feet, to the true point of beginning; thence con-
tinuing North 00 29' 20" West 162.21 feet, to the Southerly line
of that certain parcel conveyed to the State of California by Deed
recorded December 24, 1964 as Instrument No. 152892.
The side lines of said easement to be lengthened or shortened to
terminate in the South line of the parcel conveyed to the State of
California above referred to.
April 1, 1970
L E A S E
1. CLARE BUILDERS, INC., a California corporation,
Lessor, hereby leases to STANDARD OIL COMPANY OF CALIFORNIA
Lessee, the following described premises in the City of Palm
Desert, County of Riverside, State of California:
EXHIBIT "A" ATTACHED
The term of this lease shall commence on April 1, 1970, and
end fifteen (15) years after the first day of the first
calendar month following the month during which a service
station is completely constructed on the leased premises and
all fixtures and equipment are installed thereon by Lessee;
provided, however, that in no event shall said fifteen (15)y year aS
period commence on a date later than November 1, 1970. ✓fl. V-70 r0
2. Lessee agrees to pay Lessor rental for the use
and occupancy of the leased premises as follows:
(a) An interim rental
(b
provided, that the
as Optionee to Optionor H. F. Ahmanson as to the leased premises
for the Option dated January 16, 1970, shall constitute and be
credited hereunder as an advance payment of rent from Lessee to
Lessor under subparagraphs (a) and (b) above, and, provided,
however, that no rentals shall accrue or become due and payable
hereunder until the date on which the leased premises are delivered
to Lessee free and clear of all improvements except as may be
covered by this lease or belong to Lessee.
3. Lessee expects to commence service station con-
struction hereunder within ninety (90) days after possession is
delivered to Lessee as provided in Paragraph 2 or after issuance
of all necessary permits and other authorizations, whichever is
later. If Lessee shall in its opinion be unable to obtain such
permits and authorizations, or if such permits and authorizations
are available only upon terms and conditions which are unsatis-
factory to Lessee, or if Lessee shall in its opinion be prevented
from or unreasonably hindered in commencing construction within
- said time, or thereafter in completing construction, by reason of
act of God or the elements, shortage or unavailability of necessary
materials, supplies or labor, shortage of or interruption in trans-
portation facilities, or because of applicable governmental regul-
ations or restrictions, or by other cause beyond Lessee's control,
whether similar to the foregoing or not, Lessee may terminate this
lease by giving Lessor ten (10) days' written notice of Lessee's
intention so to do.
4. Lessee shall have the right during its occupancy
of the leased premises to use such premises for the primary pur-
pose of conducting thereon a service station business and for
any other lawful business that will not materially interfere
with said primary use. Lessee shall further have the right during
-2-
its occupancy, to rearrange or remodel any improvements, trade
or other fixtures, structures, buildings or equipment on said
leased premises; to construct and maintain on the leased premises
such buildings, structures, improvements or equipment as Lessee
may desire, and to remove the same or any part thereof at will;
and to cut curbs, construct roadways and use sidewalks for vehicles
to pass to and from the leased premises. Upon the expiration of
this lease, or any extension or renewal thereof, Lessee agrees
to replace all curbs and sidewalks cut or removed by Lessee
during Lessee's occupancy of the premises. If it is or becomes
unlawful for Lessee or anyone holding under Lessee directly or indirect-
ly, to conduct any particular operation or to erect or maintain any
particular structure or equipment on the leased premises, or if
any part of the leased premises or the approaches thereto are
condemned or changed by public authority, or if any highway or
street change is made diverting or rerouting traffic away from
the leased premises, so that in any such case enumerated above
it becomes impossible or impracticable to use the leased prem-
ises as they were being used at the time.such use is declared
unlawful or such condemnation or change is effected, then Lessee
shall have.the right at any time thereafter to terminate this
lease by giving Lessor ten (10) days notice in writing of such
termination. If, as a result of causes other than those herein -
above set out, such as earthquake, fire, flood, strikes, riots, in-
surrection, or other similar or different causes beyond the con-
trol of Lessee, the leased premises shall become unusable from
a practical standpoint, for service station purposes for a period
of thirty (30) consecutive days or longer, then Lessee may,
effective on the day of the happening of any such event, suspend
all rental payments hereunder until the leased premises are again
so usable.
-3-
5. Lessee shall have the right at any time during
Lessee's occupancy of the leased premises to remove any and
all buildings, improvements, fixtures and equipment owned or
placed by Lessee, its Sublessees or Licensees, in, under or
upon the leased premises, or acquired by Lessee whether before
or during the term hereof, and Lessee shall, within thirty (30)
days after the termination of this lease, remove all such
buildings, improvements, fixtures and equipment in, under
or upon the leased premises and to backfill any excavations
resulting from such removal to an approximation of original
grade.
6. Lessee agrees to pay direct to the taxing author-
ities of the city, county or state in which the leased premises
i wo�l
are located all real property taxes, except special taxes or
assessments, and all property taxes on personal property located
on the leased premises, levied or assessed upon or against the
leased premises during the fifteen (15) year period of the term
of this lease as provided in paragraph 1 hereof, or any extension
thereof. If Lessor's tax bills prior to the commencement date
of said fifteen (15) year period include property other than
that covered by this lease, Lessor agrees to arrange with said
taxing authorities to have the leased premises separately
assessed, and such assessment shall be a condition precedent to
Lessee's obligation to pay the taxes hereinabove provided for.
For any fraction of a tax year at the beginning or end of said
fifteen (15) year period, or any extension thereof, Lessee's
obligation hereunder shall be prorated as of the commencement
or end of said fifteen (15) year period, or any extension thereof.
For any such fraction of a tax year at the beginning of said
fifteen (15) year period, Lessee agrees to reimburse Lessor for
-4-
its portion of such taxes within sixty (60) days after presenta-
tion to Lessee of receipted copies of the bills covering the same,
together with an estimated segregation of such taxes obtained from
the particular taxing authority involved if such tax bills include
property other than that covered by this lease. For any such
fraction of a tax year at the end of said fifteen (15) year period,
or any extension thereof, Lessor agrees to reimburse Lessee for
Lessor's portion of such taxes within sixty (60) days after pre-
sentation to Lessor of receipted copies of the bills covering the
same.
7. Lessee, while in possession, shall have the prior
right (1) to buy the whole or any part of the leased premises if
Lessor receives from a third party an acceptable bona fide offer
to buy, or if Lessor offers to sell, such property, and (2) to
lease the whole or any part of the leased premises if Lessor
receives from a third party an acceptable bona fide offer, or if
Lessor offers, to lease such property for a term commencing on or
after the expiration of the term hereof or any extension thereof.
In either such event, Lessor shall forthwith give Lessee written
notice of such offer, together with a copy thereof, and Lessee
shall have sixty (60) days from the receipt of such notice to buy
or lease such property, as the case may be, at the terms of such
offer, or at such lesser terms as Lessor and Lessee may agree
upon. If Lessee fails to exercise such option within such sixty
(60) days, Lessor shall have sixty (60) days thereafter within
which to sell or to lease, as the case may be, such property to
the party and upon the terms stated in the notice to Lessee
without resubmitting such offer to Lessee as hereinabove provided.
If Lessor sells such property to a third person, such sale shall
be made subject to the terms and provisions of this lease,
-5-
including, but without limiting the generality of the foregoing,
the provisions of this paragraph. The rights of Lessee under
this paragraph may be exercised by any nominee Lessee may designate,
whose financial responsibility Lessee hereby guarantees.
8. If Lessee shall hold over after the expiration of
the term of this lease, or any extension thereof, such tenancy
shall be from month to month only and upon all the terms, covenants
and conditions hereof.
9. If any tax or charge is hereafter imposed upon
Lessee pursuant to any so-called Chain Store Tax Law hereinafter
enacted by any governmental authority for or on account of the
operation of a service station on the leased premises, Lessee
may terminate this lease at any time on ninety (90) days notice
to Lessor served after the enactment of such law.
10. Lessee may assign this lease or sublease the leased
premises, or any part thereof, provided that no such act on the
part of Lessee shall operate to relieve it of any of its obliga-
tions under this lease.
11. No failure to perform any condition or covenant of
this lease shall entitle Lessor to terminate this lease unless
said failure shall have continued for fifteen (15) days after
notice in writing requiring the performance of such condition
or covenant shall have been given to Lessee.
12. If Lessor fails to pay its share of the taxes set
forth in Paragraph 6 hereof promptly when due, or fails to per-
form promptly any obligation owing to a third person, which, if
unperformed, might result in termination of this lease, including
an obligation to Lessor's lessor, if any, and an obligation to a
third person secured by a lien on the leased premises, Lessee
may pay such taxes or perform such obligation for the account of
Lessor and bill Lessor for the cost thereof, or deduct such cost
from rentals accruing under this lease.
10 13. Lessee may extend this lease for a further period
of five (5) years by giving Lessor notice in writing of Lessee's
intention so to do six (6) months prior to the expiration of the
c%
term hereof on all of the terms and conditions of this lease.
70 q.14. In the event Lessee exercises the option to extend
follf this lease as provided in Paragraph 13 hereof, Lessee shall have
the option to extend this lease for a furtfier period of five (5)
years from the expiration of the extended five (5) year term as
provided in Paragraph 13. Should Lessee elect to exercise the
second option herein granted, Lessee shall notify Lessor in
writing of its intention so to do at six (6) months prior to the
expiration of the extended term, and upon the giving of such notice,
this lease shall be extended as above provided, on all of the terms
and conditions of this lease.
15. Lessee agrees to indemnify, defend atd hold Lessor
harmless against all expense, liability, and claims for damage to
property or injury to or death of persons caused by any act or
r
omission of Lessee, or its employees or any sublessee, upon or in
the vicinity of the leased premises.
16. Lessee may terminate this lease at any tine during
the fifteen (15) year period of the term hereof, or any erkension
thereof, by giving Lessor thirty (30)`days prior written notice
of intentions so -to do.
r �
17. In the event this lease is terminated for zany `eason, j-
whether by operation of law or otherwise,, during the fifteen ()
-7-
year period provided in Paragraph 1 hereof, except for termina-
tion by Lessee under Paragraph 3 hereof or by reason of Lessor's
default, Lessee shall pay to Lessor, within thirty (30) days after
the ef: s whatever
amount
ate of
such t(
unt of,
Eighty 1
if the 50.00),
paid e:
isions
of Pars
eriod
prior t
lied first
to payL._.._ _.. _.._ _..r--- ---- _....ebtedness
at the rate of Eight and Three -Quarters percent (8 3/4%) per annum
from the beginning of said period and then to principal. This
paragraph shall be of no force and effect prior to the commencement
of or after expiration of said fifteen (15) year period.
18- Siihiprt to rho nrnvicinnc of ➢mrnornnh 9 7oroae
agrees that le
against rent the
fifteen (15) :als
in excess of 00)
required to
19
thereto or a
by condemnat
eminent domaLu, UL aua LL UC LLallb LUILeU 1[I Lleu UL cunUemnaLion
to any authority entitled to exercise the power of eminent
domain, the interests of Lessor and Lessee in the award or
consideration for such transfer and the effect of the taking
OF:11
or transfer upon this lease shall be as follows:
(a) In the event of such taking or transfer of only
a part of the leased premises leaving the remainder
of said premises in such location and in such
form, shape and size as to be used effectively
and practicably in the opinion of the Lessee for
the purpose of operation thereon of a service
station, this lease shall terminate and end as
to the portion of the premises so taken or trans-
ferred as of the date title to such portion vests
in the condemning authority, but shall continue
in full force and effect as to the portion of
the leased premises not so taken or transferred.
The award payable to Lessor shall be applied to ,
reduce the obligation of Lessee described in par.,t /
agraph 17 above gra4,a ^ J-r r^M' ;jjj_n .
V/l++
Me-"c '� ald f ftea3a—(l5) ;tamer _tesui.Prom ana
after such date the minimum monthly rental required
to be paid by Lessee to Lessor in and by paragraph
2(b) of this lease shall be reduced in the pro-
portion to which the area so taken or transferred
bears to the total area of the demised premises;
but said monthly rental shall not be reduced
below the sum necessary to amortize the unpaid
principal balance described in paragraph 17 hereof
during the fifteen (15) year period of the term
hereof, after the award payable to Lessor by reason
of said taking or transfer is applied to reduce said
unpaid principal balance.
(b) In the event of the taking or transfer of only
a part of the leased premises leaving the remainder
of said premises in such location, or in such form,
shape or reduced size as to render the same not
effectively and practicably usable in the opinion of
Lessee, for the purpose of operation thereon of a
service station, this lease and all right, title and
interest thereunder shall cease on the date title to
said premises or the portion thereof so taken or
transferred vests in the condemning authority and
possession is delivered to the condemning authority.
(c) In the event the entire leased premises are taken
or so transferred, this lease and all of the right,
title and interest thereunder shall cease on the
date title to said premises so taken or trans-
ferred vests in the condemning authority.
(d) In the event of any taking or transfer under sub-
paragraphs (a), (b), or (c) hereof, Lessee shall
not be entitled to any award or compensation
except that specified for the taking of buildings,
fixtures, equipment and improvements owned by Lessee
or by reason of the relocation of the same.
(e) In the event this lease terminated pursuant to
the provisions of (b) or (c) hereinabove, then,
from the amount payable by Lessee to Lessor as
herein provided in paragraph 17 hereof, shall be
deducted the amount of the award and compensation
paid to Lessor by reason of such taking or transfer.
Lessor shall have the right to be represented in any action or
proceeding in eminent domain and may, after ten (10) days written
notice to Lessee of Lessor's intention to transfer said leased
premises or any part thereof in lieu of.condemnation as afore-
said, if it considers the proposed award or amount of compensa-
tion inadequate and not the fair value thereof, require that
the award or amount of compensation be determined in an action
or proceeding in eminent domain to be instituted and shall have
the right to appear in like manner and contest the amount of
any such award or compensation.
20. All rentals payable hereunder shall be paid to
Clare Builders, Incorporation, a California corporation, unless
and until Lessor designates some other party to receive rentals.
21. Written notices to Lessor shall, until further
notice by Lessor, be addressed to Lessor at P.O. Box 376, Tustin,
California.92680.
Written notices to Lessee hereunder shall, until further notice
by or on behalf of Lessee, be addressed to Lessee at P.O. Box 871,
San Diego, California 92112.
All notices shall be delivered personally or deposite3 in the
United States Post Office, properly addressed as aforesaid,
postage fully prepaid, for delivery by registered mail.
22. Execution of this lease by Lessor constitutes
an offer which shall not be deemed accepted by Lessee until
-10-
Lessee has executed this lease and delivered a duplicate
original thereof to Lessor.
23. The provisions of this lease shall inure to
the benefit of Lessee and of its successors and assigns, and
shall bind and inure to the benefit of the heirs, administra-
tors, executors, successors and assigns of Lessor.
IN WITNESS WHEREOF, these presents are hereby
signed by the parties hereto.
CLARE BUILDERS, INC.
Lessor
B
�tOonard M. Hood, Pre icent
}l cr..u10. r, By
PREPARED D A-L-- ---Y ..-.0", _ I Mark A. Hood, Secretary
EEfAE LPPr O'r r._ �I
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Lessee
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