HomeMy WebLinkAboutC-1792 - Subleasing of Pacific Coast Highway City Parking LotCITY OF NEWPORT. BEACH
CALIFORNIA
City Hall
3300 W. Newport Blvd.
Aria Code 714
673-2110
DATE April IW6--
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No.
V92
Description of Contract A
Sublease of pm, .-ast 9 -"1 imy City
Parking Lot
Authorized by Resolution No,. adopted on
Mar 8-1
Effective date of Contract
!Gth of Mar—eb, 19,76.
Contract with
Bob Abbate
Address
2?00 Peterson way
Cat* M-18a, e& 9262i
Amount of Contract ge 2 of Contract
City Clerk
17r
/Z I
PLEASE RETURN TO,
CITY CLERK
CITY OF NEWPC'�cT BEACH
3300 NEWPO:eT BOULEVARD
NEWPORT BEACH, CALIF. 92660
O R I G I N A L
SUBLEASE
THIS SUBLEASE, made and entered into this A
day of 1976, by and between the CITY OF
Nl ^;ItiPORT BEACH, a chartered municipal corporation, (hereinafter
"CITY ") and BOB ABBOTT (hereinafter "SUBLESSEE "').
RECITALS
A, CITY is the lessee under that certain lease agreement
dated December- S, 1975, by and between City of Newport Beach
and the State of California as owner and lessor of certain
vacant and unimproved property located generally on the
northwest corner of Pacific Coast Highway and Newport Boulevard,
(known formerly as the Hoag Hospital temporary parking lot)
and more accurately described as follocrs:
That certain vacant land consisting of
5.6 a.c:resi more or less, located at the
northwest corner of Coast Highway and
Newport. Boulevard, City of Newport:
Beach, County of Orange, State of
California
B. Linder the terms of : >aid lease agreement, CITY cannot
.-assign or sublet said property without the written consent
of the State of California.
C. SUBLESSEE has .requested that CITY, with the consert
of the State, enter into a sublease agreement for the above--
described real. property or a portion thereof to be used as a
storage yard for the parking of boats, trailers, vans, campers
and similar vehicles and equipment.
D. CITY proposes to sublease to SUBLESSEE said, real
property for sa.id purpose and SUBLiSi>EB is willing to.accept
said sub:l.ea.se on the terms and conditions as hereinafter set
forth.
-I-
NOW, THEREFORE, in consideration of the mutual
covenants hereinafter set forth, it is agreed as follows:
I. DESCRIPTION OF PROPERTY SUBLEASED.
CITY. hereby subleases, and SUBLESSEE does hereby
accept a. sublease of the property legally described as
f ol.low.— That certain vacant land consisting of 5.6 acres,
more or less, located at the northwest corner of
Coast Highway and Newport Boulevard, City of
Newport Beach, County of Orange, State of
California
II. TERM.
The term of this Sublease shall be from year to
year commencing on the first day of March each year and shall
end on February 28, 1578; unless sooner terminated in the
manner as hereinafter provided.
III. RENTAL.
SUBLESSEE shall pay to CITY thirty -five percent
(35%) of the monthly gross proceeds realized from the renting
of the subleased property as a storage area with a minimum
monthly rental of Two Hundred and Eighty Dollars ($280.00).
Said amount is due and payable to the City of Newport Beach
on the first of each month so long as this lease remains in
effect. CITY and SUBLESSEE reserve the right every six (6)
months to review the rent and make adjustments thereto as
mutually agreed upon in accordance with any possible changes
in economic conditions..
IV. USE
SUBLESSEE shall have the non -- exclusive right to
use a portion of said property for the storage of campers,
boats, trailers, recreational vehicles, motor homes, and
similar equipment. Any vehicle stored on said property shall
not be inhabited during the period of storage. CITY reserves
the right to continue to utilize any unused parking areas on
said property as a municipal parking. lot.
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V. ASSIGNMENT.
SUBLESSEE shall not assign, transfer, sublease
or give any grant of control of this lease or the demised
premises, or any part thereof, either voluntarily or
involuntarily, unless first approved by the State of California
and the CITY. SUBLESSEE agrees to comply with all State laws
and local ordinances concerning said property and the use
thereof.
VI. INSTALLATION OF LIGHTS.
CITY shall provide up to twelve (12) light
standards and illuminates on said property, the location and
type of which to be decided by the City.Manager. SUBLESSEE
shall at their own expense install these standards and shall
in addition be responsible for the maintenance.
VII. MAINTENANCE.
SUBLESSEE agrees not to commit, suffer or permit
any waste on said property and further agrees that said
premises shall be maintained in a manner commensurate with
privately owned properties located in the general areas of the
subleased property. CITY shall be the sole judge as to the
amount and extent of maintenance work to be performed and
the compliance by SUBLESSEE.
VIII. UTILITIES.
SUBLESSEE shall be responsible for paying all
utility bills associated with the property subleased.
IX. LANDSCAPING.
Lessee shall be required to landscape: the subleased
property in accordance with the attached landscape plan marked
Exhibit "A" and made a part herein by this reference.
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X. PRIOR RIGI -ITS
Nothing herein shall effect, change, or modify
the rights as between CITY and the State of California as
expressly set forth in that lease agreement between said parties
dated December 5, 1975. SUBLESSEE furthermore shall be
subject to and be bound by all the terms, covenants and
conditions of said lease agreement.
XI. INSURANCE - HOLD HARMLESS.
SUBLESSEE shall save and keep CITY, its officers,
agents and employees, free and harmless from any and all
claims or demands of any kind or nature whatsoever arising out
of, or incident to, the use and occupancy of the premises herein
demised. In partial performance of this obligation by SUBLESSEE,
SUBLESSEE shall procure and at all times during the term of
this Sublease, maintain in full force and effect, a policy
or policies of public liability and property damage insurance
protecting the City of Newport Beach, its officers, agents and
employees from all claims.or demands for damages. The policy,
or policies shall provide for not less than One Million
Dollars ($100,000,000) for injury or death of one person,
One Million Dollars ($100,000,000) for injury or death of two
or more persons, and One Million Dollars ($100,000,000) for
damages to property. The City Manager may require an increase
in the amount of insurance from time to time in accordance
with the changes and economic conditions. Said policy or policies
shall contain an endorsement which shall provide as follows:
"Within the limits set forth in this policy, to
indemnify and save the City of Newport Beach,
its officers, agents and employees free and
harmless from any damages, claims, loss or
liability of any kind or nature whatsoever
which the City of Newport Beach, its officers,
agents or employees may hereafter sustain or
suffer, or may be imposed upon them,,arising
out of, or any way- connected with, the use or
occupancy by the insured, its servants, agents
and employees, of the premises described in a
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Sublease, granted to the insured by the CiCy of
Newport Beach, the City.of Newport Beach is
named an additional insured under this policy.
It is further agreed that said insurance shall
be primary insurance and shall not contribute
with any other third party liability insurance
available to the City of Newport Beach."
SUBLESSEE shall furnish, and maintain with the CITY, either
the original policy or policies, or a certified copy, or
copies, thereof. The policy or policies shall be approved
as to sufficiency by the City Manager and as to foam by the
City Attorney.
Said policy or policies shall further contain a
provision that they may not be terminated without prior thirty
(30) days' written notice to CITY.
XII. SURRENDER OF PREMISES UPON EXPIRATION
OR TERMINATION
Upon the expiration of this Sublease or sooner
termination as herein provided, SUBLESSEE shall peaceably
deliver possession of said demised premises to CITY in the
same condition as delivered to SUBLESSEE. Upon the expiration
or termination of this Sublease, any additions or improvements
made upon the demised premises shall become the property of
the CITY unless removed in their entirety by SUBLESSEE within
tern (10) days of said expiration or termination.
XIII. TERMINATION
CITY and SUBLESSEE each respectively reserve,
the right to terminate this Sublease for any reason, with or
without cause, and at any time by giving the other party sixty
-5-
(60) days' prior written notice of its intention to terminate,
IN WITNESS WHEREOF, the parties hereto have executed
.this Sublease as of the day and,year first above written.
ATTEST:
C lerk
Dated: __APRA J_1 79.6 _—
CITY OF NEWPORT BEACH
L R -
"CITY"
"SUBLESSEE"
STATE OF CALIFORNIA, DEPARTMENT
OF TRANSPORTATION hereby Consents
to this Sublease P3emeement.
By
W. A. ROUTERY, C
By_ Right of.,Way Pro
Services
DDO /bc
2/13/76
i
April 28, 1976
Robert J. Abbott
2700 Paterson Way
Costa Mesa, CA 92627
LI
Attached is an executed copy of the sublease batsmen
the City of Newport Beach and yourself for the
property located at the northwest corner
of Pacific Coast Highway and Newport Boulevard. This
sublease was consented to by the Department of
Transportation, State of California.
This agreement was authorized by the City Council on
March 8* 1976 by the adoption of Resolution No. 8715
on March 8, 1976.
Doris M. George
Acting City Clerk
ask
euc.
cc: Administrative Assistant to City Manager
STATE OF CALIFORNIA— BUSINESS AND TRANS PTION AGENCY Edmund G. Brown Jr.
9 41
�}LD{�j{1, Governor
DEPARTMENT OF TRANSPORTATION
DISTRICT 7, P.O. BOX 2304, LOS ANGELES 90054 W
April 16, 1976
7- ora -1 -0.3
Account 36741 - 001 -02
N/W Corner Coast Highway
and Newport Blvd,
Newport Beach, CA
City of Newport Beach
City Hall
3300 Newport Blvd,
Newport Beach, CA 92660
Attention: Ms. Doris M. George
Acting City Clerk
Gentlemen:
Enclosed for your file are original and one copy of
Sublease covering the above referenced property.
Very truly yours,
n
PAUL GER
Property Management
PG:es
Encl.
• Iq
March 15, 1976
State of California
Department of Transportation
P. 0. Box 2304, Terminal Annex
Los Angeles. CA 90031
Subject: 7- Ora -1 -0.3
Account 36741- 001 -02AlY
Attached are the original and two copies of the Sublease
for subject property.
On page 6 of the agreement, please have the Consent to the
Sublease signed by the Department of Transportation, State
of California and return the original and one copy to our
office.
The agreement was authorised by the City Council by the
adoption of Resolution No. 8725 on March 8, 1976.
Doris M. George
Acting City Clark
swk
SM.
cc: Administrative Assistant to City Manager
0
RESOLUTION NO. 8715
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY
OF NEWPORT BEACH AND BOB ABBOTT IN CONNECTION
WITH SUBLEASING OF THE PACIFIC COAST HIGHWAY
PARKING LOT FOR RECREATIONAL VEHICLE PARKING
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain agreement between the
City of Newport Beach and Bob Abbott in connection with the
subleasing of the Pacific Coast Highway Parking Lot for
recreational vehicle parking; and
WHEREAS, the City Council has considered the terms
and conditions of said agreement and found them to be fair and
equitable, and in the best interests of the City;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said agreement above described
is approved, and the Mayor and City Clerk are hereby authorized
and directed to execute the same on behalf of the City of
Newport Beach.
ADOPTED this 8th day of March , 1976.
Mayor
ATTEST:
City Clerk
DDO /bc
3/4/76