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HomeMy WebLinkAbout05/08/1978 Item #SS9CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER May 8, 1978 STUDY SESSION NO. 9 TO:. MAYOR AND CITY COUNCIL FROM: City Manager SUBJECT: Iu Beacon Bay is situated on the southerly side of Harbor Island Drive and the newly created Promontory Bay development in the City. There are three lots which are situated on the westerly side of Harbor Island Road, the balance of the parcels on the east side of Harbor Island Road. The subject land is subdivided into 73 residential lots, of which 27 are bay front and 45 are interior hone sites, with one being utilized for recreational use. The shape of the lots are irregular, but generally they are from 40' to 50' in width and from 90' to 100' in length. At- tached, you will find a copy of a map showing Beacon Bay property. • The land, vested in the City of Newport Beach, is under a thirty -eight year lease to J. A. Beek, et al, which was entered into on January 9, 1950, and is to expire on December 31, 1987. The individual lots are under sublease by J. A. Beek, et al to various owners with common expiration date with the master lease. Structural improvements range from five to thirty years of age and are both one and two stories. All lots are presently improved. Twenty -two of the bay front lots are com- pletely or partially tidelands and twelve interior lots are completely or partially tidelands. Attached, as Exhibit "A ", you will find a sum- mary of the Beacon Bay lease. For approximately ten years the City has been receiving requests . from the sublessees for a renewal of the lease, which is to expire in 1987. The City has been unable to enter into meaningful dialogue with either the master lessee (J. A. Beek, et al) or the sublessees because of the existence of tidelands. Simply stated, before meaningful negotia- tions could be commenced the question of residential use on tidelands had to be addressed. Permanent residential use of tidelands is an un- authorized use. A number of bills have been introduced, none of which succeeded until Assemblyman Ron Cordova's AB 1422 was introduced. This bill was signed into law by Governor Brown several weeks ago. Attached, • you will find a copy of this bill. This bill and its impact and implica- tions will be verbally discussed with the City Council during the study session of May 8th. The motivitation for the City to support AB 1422 was 1) empathy for homeowners and 2) potential increase in revenues to the City. In fiscal year 1976 -77 the City of Newport Beach, for these nineteen acres, 0 received $14,154.86. This revenue consists of $9,726.50 derived from residential use. The residential lease amounts vary from a low of $121.00 per year to a high of $531.00 per year per lot. $4,428.36 was derived from commercial use, known as the Balboa Yacht Basin. The Balboa Yacht Basin is improved with the following: -- 1. Marina, containing 166 slips. 2. 56 storage garages 3. 7 apartments 4. Marine hardware store and ship yard, 5. Restaurant 6. Yacht brokerage office. The entire Balboa Yacht Basin operation is under one sublease to the Irvine Company, the California Recreation Company. All of the subleases, both residential and commercial, expire on the same date as the master lease, December 31, 1987. Attachments (3) • R BERT L. WYNN • LAND U5i c a C >r 0 r v w a r 2 K4Ffigi I V S BG Rio 4,y F ® WATER RESIDENTIAL U COMMERCIAL - storage garages and slip rentals, apartments over storage garages, restaurant, marine hardware store, boat yard, yacht brokerage, parking lot NARi =sLANP DIIIVL 1��l 5AY51DC D0.;YE� l0.g14 Acid =o � d � ��L79•3p W � ffJ 12F. \� U.5. 6ULKW3A L!N6 �U.h. PI EfWEA� LIME LEAS Of UANTED TIPUAND5 I FLE OWND UFLANP5 j.A.xm CT. AL Aft N 0 '� T , city of Newport Beach FKEFAKRP $I hDVAN,C IIxa".NA 0I, I S..M L-a-11 0 Ul. SCALE IN FEET II III 4, CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY SUMMARY OF CITY'S 13EEK - BEACON BAY LEASE GENERAL INFORMATION Parties to _Lease City of Newport Beach, Lessor J. A. Beek, Carroll B. Beek, Barton Beek and Joseph Allen Beek, Jr., jointly as Lessee Date of Lease January 9, 1950 City Council Approval Original Lease 37554 Januar 9, 1950 _es. No Date adopted Sub Lease Assignment of Balboa Yacht Basin to Irvine Co. 7/12/71 Land Location Bayside Drive Source of City's Title Deed from Irvine, dated 4/13/28, and S. C. Case No. 24026 Approximate Area 19.00 acres Frontage Water Street 2,363.62' 1,378.16' LEASE DURATION No. years: 38 From: January 1, 1950, to December 31, 1987 LEASE PROVISIONS Rental "Westerl Portion ": Annual rental for first 13 years of term, $6UO.00 cash, plus 5% of all gross returns to Lessee from use thereof, from whatsoever source, including income from subtenants, payable on January 15 of each year, beginning January 15, 1951, and ending January 15, 1963. "Easterly Portion ": Annual rental for first 13 years of term, 350.00 cash, plus 7',% of all gross returns to Lessee from use thereof, from whatsoever source, including income from subtenants, payable on January 15 of each year, beginning January • 15, 1951, and ending January 15, 1963. In addition to above rents, Lessee to pay Lessor $1,000.00 annually during the first 13 years of said term, due on January 15 of each year, beginning January 15, 1951, and ending January 15, 1963. For the last 25 years of the term,. 33 1/3% of all gross returns to Lessee from use of both portions, from whatsoever source, including income from all subtenants, payable January 15 of each year, begin- ning January 15, 1964, and ending January 15, 1988. Purpose: "Westerly Portion" for residential purposes; "East - erly Portion" for industrial uses, construction and maintenance of wharves, docks and piers. Repairs: Lessor not obligated to make any improvements, re- pairs, or other expenditure respecting the leased property. Assicnebility: Lessee not to assign or sublet any of the "Easte Portion" except to present subtenants without written consent of Lessor; subtenants of "Easter Portion" may let r f I • • SUMMARY OF CITY'S .BEEK - BEACON BAY LEASE (Continued) II1. LEASE PROVISIONS Continued Renewal: No provision. Terns of default: Upon default by Lessee, continuing for 30 days after notice, Lessor may terminate lease, such default not to affect subtenant provided sub- tenant pays yearly payments provided in his sub- lease. Taxes: Lessee to uay all taxes, assessments and levies of every kind and character against the demised land or improvements. Insurance: No provision therefore,excent Lessee to hold Lessor harmless from all claims, etc., by reason of Lessee's use of the premises, except those growing out of use of streets, sidewalks, alleys, docks, piers, or public utilities belonging to Lessor; and Lessee to hold Lessor harmless from litigation, etc., arising from use of premises by Lessee or any sublessee. SUMMARY OF CITY'S BEEK - BEACON BAY LEASE