Loading...
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: BUILDINU FRONT ELEVATION (mar) BUILDIN([ SIDE ELEVATION LWNM4 Ft U. 1s. ([jm ) INS BUILDING REAR ELEVATION iaonem Ne67 BUILDIN(A SIDE. tLEVATION IL ,I N TN wt wow new wu L[[t NY [t[Y[TIO[ wMT ll[Y[t10[ PAY BOOS TYPE 'C' C$NO?PIN(, \ ` a I` n»4 >uvwt. / � SNOPv�N4 GCNTCR � a xp X �- 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 ,63 2 PFlcft0Y Der Lane, PsOm Do :j rAL 222so rhPvron 7 S A in Abdiwnt (prose pnn/i B ch bwd Mallrnp A-0dnss Ca. REOUEST! ; Desvtoe soegfic r,alum of uporoval rpueetsd ). 1?*U(i1n NJ DESlGy REVIEW AJAR d5vdadmw a 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 Bois f-- Other I RHerencs Case No. _ •d�V �K Krvm/,tt t.. f.tt ms.e� 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 r 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 P. A1.a s.. nY__-"'-"- "}. •.______--- STANDARD OIL COMPANY OF CALIFORNIA Lessee SNLESL___________by ___ by Z i <� 4 N O J w i P < r Ci 7 a 5-- Cf � •.S7 s— Q c" LU ar .z 0 H _ LU � 6 S 0 2 r w J C - Y�� a w w w Q Q r 0 z ¢ w O N N Lu osoo w z Lo a D. LL)7 w M Q Q— r J Z J ¢ J J p CJ ¢ a a a IC w w o z �p �z Z LL W D IC W ¢ �1 �J � � Ci Q en l� Q vZJ 1Q1- O O 3 0 J U_ 11- ti Q s x� o: n: i 1 ,� 1 11 f i L6 002 „04 o, o(-�R N o _._...._•-_ ___ ._.._ - �n Q / 00 CD K v � I �. co N, � � I I 9 s o� tL ` 00�) z [( I t Q ii CL leZ 'Ole S F , m Ctc - o � Z X C, Lo r ~ �p a vn.9 PROP05�D - - >'AY 3 t� h. I 6AY5 tt I� i Vol LM/ATORY I 13LI ILDINC4 FRONT ELEVAT 101� I p I WATER CLOSET 'COUNTERS O I LOOKINCq FROM PLAZA WAY MAST BARS l PAY BOOTH FLOOR PLAN `t CANOPY CI.>m®Y T NOD TE I PROP05ED � .I GLASS � i I SMOOTH STEEL 'may l� % PANELS AND , RANT -Arolk1" - �- - /P� ^ /�� ^ DOOR BEIGE P U I L D I N U S 1 DE ELE Y AT I Oi V LEFT SIDE ELEVATION FRONT ELEVATION 1,00KiN(i FROM uW`/ Ill 5OUTH -- PAINTED STEEL b FASCIA OFF- WkITE - - '' CAOE®i ' I I' CTRIM 9 MULLION - BLACK4514 �NCL05URE — RIGHT SIDE ELEVATION REAR ELEVATION —t! r itj i _ -AdfPAY BOOTH, TYPE "C° — �- - =r SCALE i4•I-0• eu►LD1NU REAR ELEVATION LOOKINc, West C FORM CANOPY el eY___/`�=- .Ulll --� o [ wlTHld t' 3 -_ Ivy p - 1I�A5U 13UILDING ELEVAYION5 PPOP05ED _ , _ 6NCLGSURE PAy 6001u � S. S. 3047 H W `( lit PL Af-A WAY Fm'm DESERT GA Chevron / Chevron U.S.A. Inc. L1 I L P I N4 SIDE: � L� V Q� I O N � Marketing Operations LOOKING NOR'(N DATE b4 DI. J E D CK. SCALE 5-359-L