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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. -2- 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. --3- 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 -4- 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