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HomeMy WebLinkAbout09 - Newport Aquatic Center Addendum for Twenty-Five (25) Year groundlease ExtensionCouncil Meeting 09-22-97 Agenda No. 9 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY September 16, 1997 �'YEWCITCOUNCIL p CIi�Y.OF NEWPORT BEA(( SEP 2 21997 TO: Mayor and Members of the City Council FROM: Daniel K. Ohl, Deputy City Attorney i - APPROVED RE: NEWPORT AQUATIC CENTER ADDENDUM FOR TWENTY-FIVE (25) YEAR GROUNDLEASE EXTENSION The Newport Beach Aquatic Center has requested that we extend their ground lease. The City previously approved an Addendum for a thirty (30) year extension. Prior to the approval, the City obtained consent from the County of Orange with whom we share joint control of the property to the requested extension. Subsequent to City approval, they have taken the position that a twenty-five (25) year extension is all that should be authorized. In order -to end the delay in implementing the extension and to expedite resolution of our differences, we are submitting a modified addendum to allow a twenty-five (25) year extension rather than the previously approved thirty (30) year extension. RECOMMENDATION: It is recommended that the Addendum to the ground lease, granting the twenty- five year extension, be approved. Daniel K. Ohl Deputy City Attorney DKO:da FAcat\ccmemo\nac25yr.doc THE CITY OF NEWPORT BEACH AND NEWPORT AQUATIC CENTER, INC. ADDENDUM TO GROUND LEASE WHEREAS, on March 24, 1987 a Ground Lease was entered into by and between the CITY OF NEWPORT BEACH, ("Lessor") and NEWPORT AQUATIC CENTER, INC., a non profit public benefit corporation, ("Lessee") for a term of twenty-five (25) years; and WHEREAS, Lessor and Lessee desire to extend the original Ground Lease, and WHEREAS, Lessor and Lessee agree that all other terms and conditions are to remain unchanged: IT IS HEREBY agreed by and between the City of Newport Beach, Lessor, and Newport Aquatic Center, Inc., a non profit public benefit corporation, Lessee, that the term of the Ground Lease shall be twenty-five (25) years from the first day of the first full calendar month after each of the following conditions have been satisfied: A. The Lease has been executed by Lessor and Lessee; B. Lessee has submitted construction drawings for the construction of the remainder of the floor area permitted by Use Permit number 3104 and Coastal Development Permit 5-84-786; C. Lessee has applied for a building permit for the construction of the remaining floor area permitted by Use Permit number 3104 and Coastal Development Permit 5-84-786; D. Lessee has complied with all conditions to the approval of Use Permit number 3104 and Coastal Development Permit number 5-84-786, including, but not limited to, permits from other public agencies, and the soils hydrology and related studies; E. Lessee has submitted an agreement, signed by a general contractor licensed as such by the State of California, committing the contractor to complete the remaining floor area of the project; F. Lessor has received a bond guaranteeing performance of the contract required by the provisions of subparagraph E. The bond shall guarantee performance of the contract in a timely and workmanlike manner in the event contractor fails or refuses to perform in accordance with the contract; G. Lessee must satisfy each of the conditions precedent to the commencement of the term of the lease within twelve (12) months of the date of the execution of this Addendum. IN WITNESS WHEREOF, the Parties hereto have executed this Addendum to the Ground Lease. Dated: Dated: APPROVED AS TO FORM: 91 Daniel K. Ohl, Deputy City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk for the City of Newport Beach LESSEE: NEWPORT AQUATIC CENTER, INC. LESSOR: CITY OF NEWPORT BEACH Jan Debay, Mayor for the City of Newport Beach F;\cat\debbie\ag\aquatic\nac25yr.doc 09-15-97