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HomeMy WebLinkAboutF-2j - Request for Resicission of Beacon Bay Lease Agreements for Parcel Nos. 22 and 481a697 pr JUL 14 1981 By *40 Ci 1, Y COUi�L CITY OF N yypCltr i:f REACH CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY MEMORANDUM Agenda Item No. n July 14, 1981 To: Honorable Mayor & Members of the City Council From: City Attorney Subject: REQUEST The tenants at Beacon Bay Nos. 22 and 48 executed the Beacon Bay Agreement to Lease as authorized by Resolution No. 10040. The Agreement to Lease documents in each case were executed by the Mayor and City Clerk and approved as to form by the City Attorney's office. Thereafter, and prior to July 1, 1981, the tenants on each parcel requested that the City rescind the execution of the Agreement to Lease pending the transfer of their leasehold interest to a family trust. After the transfer is completed, both parties agree that they will execute the Agreement to Lease in the new leasehold format. The execution of the Lease after July 1, 1981 will cause there to be additional payment made to the City, over and above the July 1, 1981 effective date, the amount to be determined when the documents are finally executed. Agenda Item No July 14, 1961 Page Two Subject: ON It is recommended that the City Council approve a Resolution authorizing the rescission of the Agreement to Lease as to Nos. 22 and 48 Beacon Bay. DISCUSSION The tenants in Nos. 22 and 48 Beacon Bay have executed the Agreement to Lease and the Agreements to Lease have been executed by the City, all prior to July 1, 1981. Prior to July 1, the tenant on each parcel requested rescission of the Agreement, but since the Agreement had been executed by the City, the City staff is unable to rescind to permit recission, it required that the City Council adopt a resolution authorizing the rescission. Once rescission is effected, the tenant on each parcel will transfer his or her respective interest into a family trust and thereafter, re- execute the Agreements to Lease. The later execution, after July 1, 1981, of the Agreements to Lease will result in higher lease payments being made to the City, consistent with the schedule of rents which increase on a regular basis and an increase in the cost of living. The City will therefore receive additional funds when these Agreements to Lease are finally executed in their new format. No other requests will be considered after the July 1, 1981 effective date of the Beacon Bay Agreement to Lease. I u o HRC /pr