HomeMy WebLinkAbout09/27/1982 Item #F-2fCITY OF NEWPORT BEACH COUNCIL AGENDA
OFFICE OF THE CITY MANAGER ITEM No F -2(f)
September 27, 1982 — '
TO: MAYOR AND CITY COUNCIL SEP 27 1982
FROM: City Manager By tha 0fi y COUNGL
CITY OF NAWVW MACH
SUBJECT: PROPOSED SUB -LEASE AT THE BALBOA BAY CLUB
The Master Lease between the City and the Balboa Bay Club
requires City consent for sub - leases on the subject premises.
Attached is a letter from an attorney, Mr. O'Keefe, requesting
approval of a sub -lease between the Bay Club and Diane Myerson
dba "Gimones ". The subject business would specialize in men's
and women's clothing, accessories and gift items. The term of
the proposed sub -lease would be for 2 years, commencing on
October 1, 1982. The consideration paid by the Bay Club for
all sub - leases with terms of more than one year is based upon
the following formula:
2 -1/2% of the first $1,000 of
gross sales per month;
28 of the second $1,000 of
gross sales per month;
1 -1/2% of the balance of
gross sales per month.
It is recommended that the City Council adopt Resolution No.
approving the proposed sub - lease.
9C�� CV
R BERT L. WYNN
City Manager
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attachment
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LAW OFFICES OF
THOMAS J. O'KEEFE,1\ CORPORATED
September &, 1982
Mr. Robert Wynn
City Manager
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California
Re: Balboa Bay Club Sub -Lease
Dear Bob:
SUITE 400'
2323 NORTH BROADWAY
POST OFFICE BOX 6099
SANTA ANA.CALIFORNIA 92706
TELEPHONE (714) 835 -1100
X11
8 REv E V,
SEP 13 1982w -
City Managerc�
City of Newport Beach
19
Pursuant to our discussion I have enclosed a copy of the new
clothing shop Sub -Lease between the Bay Club and Diane Myerson.
The old tenant, Pat Harrison, doing business as Lido Fashions, .
has vacated the premises, and the new Sub. -Lease will be effective
October 1st.
Since our master Lease calls for the City's consent to new Sub -
Leases (excepting normal residential Sub - Leases) I have enclosed
a consent form for signature on behalf of the City of Newport
Beach. If you have any questions concerning the form, or contents
of the Sub - Lease, please do not hesitate to call. Otherwise,
please furnish me with a copy of the consent form when it has
been signed. You may retain the enclosed copies of the Sub -Lease
and Consent to Sub -Lease for the City's files. Thank you for your
cooneration in this regard.
Very truly yours,
�..
...✓ .,
Thomas J. O'Kee e
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cc: Mr. Bill Davis
HAND- DELIVERED
RESOLUTION NO. Bz -I32-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING INTERNATIONAL BAY
CLUBS, INC., TO SUBLET CERTAIN PORTIONS OF THE
BALBOA BAY CLUB PREMISES TO DIANE MYERSON
D/B /A "GIMONE'S" (WOMEN'S CLOTHING STORE),
CONSISTENT WITH THE RATE OF RENTAL PAYMENTS
ESTABLISHED BY RESOLUTION NO. 9437
WHEREAS, the City of Newport Beach has entered into a
Lease dated March 24, 1948, with the predecessors -in- interest to
International Bay Clubs, Inc., of certain City -owned real
property generally referred to as the Balboa Bay Club site; and
WHEREAS, said Lease provides, among other things, that
International Bay Clubs, Inc., shall not sublet the premises
described in said Lease, or any part thereof, for the purpose of
operating and conducting any business enterprise at, in, or about
the same, for a term in excess of a period of one year without
the written consent of the City of Newport Beach first had and
obtained; and
WHEREAS, International Bay Clubs, Inc., has requested
that-the City Council of the City of Newport Beach approve a
Sublease, for the sale of men and women's retail clothing,
accessories and gift items, for a period of two.years, expiring
on September 30, 1984; and
WHEREAS, after consideration thereof, the City Council
of the City of Newport Beach wishes to approve said sublease; and
WHEREAS, the City Council of the City of Newport Beach
adopted Resolution No. 9437 on September 25, 1978 establishing
the rate of rental payments to the City of Newport Beach for
subleases of the Balboa Bay Club premises for commercial purposes
for terms in excess of one year, which rental rate will apply to
the herein referenced sublease;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach, as follows:
1. The City Council of the City of Newport Beach
hereby approves the sublease between International Bay Clubs,
Inc., as Lessor and Diane Myerson d /b /a Gimone's, for a term.of
two (2) years, terminating September 30, 1984. The purposes for
which the premises are subleased are for the operation of a
retail store for the sale of men and women's clothing,
accessories and gift items.
2, it is mutually agreed between the .City of Newport
Beach and International Bay Clubs, Inc., that pursuant to
Resolution No. 9437 of the City Council of the City of Newport
Beach, that International Bay Clubs, Inc., shall pay to the City
of Newport Beach the rental rate as established in said
Resolution No. 9437. Said rental rate is as follows:
(a) 2 1/28 of the first $1,000:00 of gross sales
per month; and
(b). 28 of the second $1,000.00 of gross sales per
month; and
(c) 1 1/28 of the balance of gross sales per
month.
Adopted this �9-1-fk day of Q 1982:
ATTEST:
L )oy) (,) E .�9nr
City Clerk
RSP- BayClub
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