HomeMy WebLinkAbout04/25/1983 Item #F-2af.
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CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
April 25, 1983
TO: MAYOR AND CITY COUNCIL
FROM: City Manager
SUBJECT: CLUB - F,i3A Nr
Background
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COUNCIL AGENDA
ITEM N0.
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
1.. ..
On April 1, 1947, the City entered into a lease agreement
with the Balboa Angling Club, which provided for the use of
an approximately 2,880 square foot parcel of City -owned
property located at the foot of "A" Street and the Bay Front
on the Balboa Peninsula. A map of the parcel is attached
(Attachment 1). The original lease provided that the Club
was to construct a clubhouse building and pier at the site,
and that upon termination or expiration of the lease, all
improvements were to become the property of the City. The
subject lease, as a result of several extensions, is now
due to expire on January 31, 1999. Attachment 2 is a copy
of the latest extension document, dated February 1, 1974. .
The stated purpose of the Balboa Angling Club is "...to
promote the conservation of fish in local waters, compile
and distribute scientific data relating to sportsfishing,
encourage salt water rod and reel fishing as a sport and to
promote sportsmanship among its members and sportsfishermen
in general ". In pursuit of these general goals and objectives,
the Club sponsors fishing trips and tournaments, provides
statistical information to schools as well as Federal and
State agencies, contributes financial aid to various related
projects and performs other similar functions.
Request for Lease Amendment
Attachment 3 is a letter from the Balboa Angling Club
requesting that the remainder of the lease term be on a
fixed rather than year -to -year terminable basis. As noted
in the letter, the request is prompted by the fact that
extensive damages were done to the clubhouse building as a
result of the recent Pacific storms. The Club is desirous
of performing some major structural alterations and repairs
(including elevating the structure to a safer height) in
order to both correct damages resulting from the last storm
and prevent similar damages from future storms. It is
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TO: MAYOR AND CITY COUNCIL - Page two
estimated that the
$30,000. The Club
magnitude could be
amount of time on
earlier, the time
Recommendation
desired repairs would cost up to
feels that an expenditure of this
justified only if the remaining
the lease was guaranteed. As noted
remaining is approximately 16 years.
It is felt that the Balboa Angling Club has been a
good tenant and has performed worthwhile services both
to its members and the general public. Given the anti-
cipated expenditures required to accomplish the desired
refurbishment and repair, it is felt that the Club's
request is justified. .
It is recommended that the Council approve the Club's
request by authorizing execution of an amendment to
the current agreement.
4. -,t-- -
ROBERT L. WYNN
City Manager
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ATTACHMENT 2
EXTENSION OF LEASE AGREEMENT
(Balboa Angling Club)
THIS Extension of Lease Agreement, made this 1st day
of February , 1974, by and between the CITY, OF NEWPORT BEACH,
a municipal corporation, hereinafter referred to as "City," and
the BALBOA ANGLING CLUB, a California corporation, hereinafter
referred to as "Angling Club;"
W I T N E S S E TH:
WHEREAS, City and Angling Club entered into a Lease
Agreement dated April 1, 1947, which provides for the leasing
of certain City -owned real property, located at the foot of
A" Street and the Bay Front on the Balboa Peninsula, to the
Angling Club for a term of ten years; and
WHEREAS, said original Lease was amended in certain
respects by a subsequent written agreement between the parties
dated January 26, 1948; and
WHEREAS, prior to the expiration of the term of said
original Lease, as amended, the parties by a written agreement
dated October 24, 1955, extended the term of said Lease to
April 30, 1967; and
WHEREAS, the parties, by a written agreement dated
February 11, 1%7,. subsequently extended the term of said Lease
to April 30, 1977; and
WHEREAS, the Angling Club has requested that the City
Council approve a twenty -five year lease, upon the same terms
and conditions as contained in the above described existing
Lease, as amended; and
WHEREAS, the City Council has determined that said
request for a twenty -five year lease is in the best interests
of the City and the public and should be approved; and
WHEREAS, in order to comply with Section 420 of the
Newport Beach City Charter, which restricts the leasing of
property to 25 years without prior voter approval, it has been
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determined that said existing lease, as amended, may be extended
for a period of 21 years and 9 months, commencing may 1, 1977,
and ending January 31, 1999, a total of 25 years from the date
first above written;
NOW, THEREFORE, IN CONSIDERATION of these mutual
premises herein contained and all of the covenants and conditions
to be kept by each as set forth in the above- described original
Lease, as amended, it is agreed as follows:
1. That all of the terms and conditions of said Lease
Agreement dated April 1, 1947, as amended, are incorporated
herein by reference as though fully set forth, and the parties
hereto agree to be bound by all of said terms and conditions
for an additional period of 21 years and 9 months, commencing
May 1, 1977, and ending January 31, 1999; PROVIDED, however,
that after ten (10) years from the effective date hereof, in the
event either party wishes to cancel and terminate said Lease
prior to its expiration date, it may do so by giving the other
party twelve months' prior written notice..
IN WITNESS WHEREAS, the parties have executed this
Extension of Lease Agreement as of the day and year first above
written.
APPRO D AS TO FORM:
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it- Attorney
DON :mh
1/29/74
NEWPORT BEACH
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ATTEST:
2G
City' Clerk -
CITY
BALBOA.ANGLING CLUB
President
Secretary
ANGLING CLUB
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ATTACHMENT 3
BALBOA ANGLING CLUB • BALBOA?? CALIFORNIA
"A" Street / ISalboa, California 92661
March 24, 1983
MEMBER •INTERNATIONAL
GAME FISH ASSOCIATION
INTERNATIONAL
LIGHT TACKLE
TOURNAMENT ASSN.
Phone 678 -9520
/fRECEiVEJ'
Hon. Evelyn Hart V.ii 3 i?8s� �.•
Newport Beach City Hall
3300 Newport Boulevard
Newport Beach, California 92663
Re: 25 Year Lease to Balboa Angling Club / \/
Dear Mayor Hart:
Helen Smith at the Balboa Angling Club asked me to initiate a
letter to you to see if you would sponsor a motion before the
City Council to amend our present 25 year lease with the City
to provide for the remainder of the term to be fixed rather
than terminable on a year to year basis.
Our request is prompted by the fact that this last round of
Pacific storms caused certain physical damage to our clubhouse
structure that should be repaired. With the wind and wave driven
forces combining with the usual spring high tides, we are now
painfully aware that water can (and did) rise to the level of
flooding the interior of our clubhouse. Our carpets, linoleum
and floors were ruined - some of the floor and deck planking
swelled up and warped and couches, chairs and other furniture
suffered lower level water damage and stains.
Our Board of Directors and its advisors believe that a proper
course of action would be completely elevate our structure to
a safer height (12 to 18 inches) at the same time we are re-
placing our flooring and other structural repairs. This would
require total expenditures somewhat in excess of $25,000.00 to
$30,000.00 (we have no firm bids yet). Make -do repairs and
replacement would be something less than $7,500.00.
We would prefer to do the major improvements and renovations
at this time providing we were confident that our continued
existence at the present site was assured, at least to the end
of our present lease. Otherwise, good business judgment would
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Hon. Evelyn Hart -2- March 24, 1983
dictate a minimum expenditure just to do the cosmetic.
We have been providing a valuable public service to the City
of Newport Beach since our inception in 1927. The present
structure was built on this small site of limited use land in
1947. I am enclosing for your quick review, copies of a resume
of our public services (all at no cost to the City or its tax-
payers). Most of this information was formerly submitted in 1974
when the council graciously renewed our lease to its present
form.
If you believe our request is meritorious and our landmark
facility an asset to our community, would you assist us in
presenting a proper motion to the City Council that would eli-
minate the one year termination notice on the balance of our
existing lease. In that way the Board of Directors could justify
to the membership the expenditure of the larger sum of money
to do the more expensive restoration and improvement of the
existing structure.
We would like very much to meet with you some time around the
middle part of April so that we might personally discuss the
magnitude of our project. Kindly advise Helen Smith, at the
above location, of a convenient time.
EPM:elg
Enclosure
Very truly yours,
O I� W IN (e
U�
Past President, BAC
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RESUME OF BALBOA ANGLING CLUB SERVICES
The improvements are planned to preserve the traditional archi-
tectural and landmark characteristics of the existing facilities.
The historical significance of the Balboa Angling Club in New-
port Beach can best be outlined as follows:
1. The organization was established in 1926 and
its objectives are "to promote the conservation of fish in
local waters, compile and distribute scientific data relating
to sport fishing, encourage salt water rod and reel fishing as a
sport and to promote sportsmanship among its members and sports -
fishermen in general." Membership is available to any and all
persons upon payment of a small processing fee and modest annual
dues.
2. The Ocean Fish Protective Association, a Statewide
organization, was originally established by a Club member and
has received substantial financial aid from B.A.C. over the years.
3. We collect, preserve, and make available to all,
a wealth of statistical and scientific data concerning fishing
and fish in Southern California waters.
4. The Club building and facilities have become a
landmark in Newport Bay with the Club and its members having
received international recognition.
Current public services provided by the Balboa Angling Club
include the following:
1. Annual free fishing trips on local sport boats
for under - privileged children (non members).
2. Junior fishing tournaments, with awards, open to
the general public, with awards in many categories.
3. Official public weigh station and photographic
services of which over 658 are provided to the general public.
4. Provide statistical information and specimens
to Federal and State agencies conducting scientific studies
on coastal fisheries including an active fish tagging and release
program.
5. Supply colleges and students generally with records,
data and specimens.
6. Contribute financial aid for such public oriented
projects as coastal kelp and habitat restoration and species
conservation programs.
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7. Provide fishing and boating information to the
general public.
8. Provide daily, manned ship to shore radio station
facilities for emergency and general communication.
9. The building and facilities are available to, and
have been used by, civic groups such as the Power Squadron
and Balboa Peninsula Point Association, Newport Habor Lady
Anglers, Pacific Anglers Tournament Association, Ebell Club and
many world visitors.
It is respectfully submitted that the Balboa Angling Club fills
a basic public need for numerous special services in our boat
and recreational community; and does so without cost to the
taxpayers. The Club is proud of its achievements over the past
57 years and is anxious to continue its role of community ser-
vice. It is for that reason, we seek your support and approval
by revising the balance of our lease to a firm fixed term.
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RESOLUTION NO. 83 -39
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AUTHORIZING THE MAYOR & CITY
CLERK TO EXECUTE AN AMENDMENT TO A LEASE FOR
CERTAIN CITY -OWNED REAL PROPERTY LOCATED AT
THE FOOT OF "A" ST., AND THE BAYFRONT TO THE
BALBOA ANGLING CLUB
WHEREAS, the City of Newport Beach and the Balboa
Angling Club entered into a Lease, first dated April 1, 1947,
which Leases, to The Balboa Angling Club, certain City -owned real
property located at the foot of "A" Street and the Bayfront on
the Balboa Peninsula; and
WHEREAS, the original Lease has been amended and
extended, at various times, since the inception of the Lease; and
WHEREAS, the current Lease expires January 31, 1999, .
and contains a provision which allows either party to terminate
the Lease, prior to its expiration date, by giving the other
party twelve (12) months' prior written notice; this provision
for early termination becoming effective May 1, 1984; and
WHEREAS, the structure which houses The Balboa Angling
Club has been damaged by severe storms and unusually high tides
experienced by Newport Beach during the winter of 1982 - 1983;
and
WHEREAS, the damage caused by the storms and high tides
require major improvements and renovations to the structures on
the property that is the subject of the Lease, and The Balboa
Angling Club is reluctant to commit the funds necessary to make
those major repairs unless the Lease is modified, to eliminate
the provision which allows either party to terminate the Lease
upon twelve (12) months' written notice; and
WHEREAS,-it is in the interests of both parties to
amend the Lease, to eliminate the early termination provision so
that The Balboa Angling Club will have the incentive to commit to
make the repairs necessary;
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NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the Mayor and City Clerk are
hereby authorized to execute an amendment to the Lease, a copy of
which amendment is attached to this Resolution as Exhibit "A ",
which eliminates the provision for early termination;
ADOPTED this 25th day of April , 1983.
ATTEST:
City Clerk
RSP /Anglin
Mayor
S
AMENDMENT TO LEASE
WHEREAS, the City of Newport Beach and the Balboa
Angling Club entered into a Lease, first dated April 1, 1947,
which Leases, to The Balboa Angling Club, certain City -owned real
property located at the foot of "A" Street and the Bayfront on
the Balboa Peninsula; and
WHEREAS, the original Lease has been amended, and
extended, at various times, since the inception of the Lease; and
WHEREAS, the current Lease expires January 31, 1999.and
contains a provision which allows either party to terminate the
Lease, prior to its expiration date, by giving the other party
twelve (12) months' prior written notice; this provision for
early termination becoming effective May 1, 1984; and .
WHEREAS, the structure which houses The Balboa Angling
Club has been damaged by severe storms and unusually high tides
experienced by Newport Beach during the winter of 1982 - 1983;
and
WHEREAS, the damage caused by the storms and high tides
require major improvements and renovations to the structures on
the property that is the subject of the Lease, and -The Balboa
Angling Club is reluctant to commit the funds necessary to make
those major repairs unless the Lease is modified, to eliminate
the provision which allows either party to terminate the Lease
upon twelve (12) months' written notice; and
WHEREAS, it is in the interests of both parties to
amend the Lease, to eliminate the early termination provision, so
that The Balboa Angling Club will have the incentive to commit to
make the repairs necessary;
I
NOW, THEREFORE, in consideration of the mutual promises
contained herein and all the covenants and conditions set forth
in the original Lease, and amendments thereto, it is agreed as
follows:
1. - That all the terms and conditions of the Lease
agreement dated April 1, 1947, as amended, are incorporated
hereby by reference as though fully set forth at length and the
parties hereto agree to be bound by all of those terms and
conditions provided, however, that the rights previously granted
each party to cancel and terminate the Lease, prior to its
expiration date by giving the other party twelve (12) months'
prior written notice, is hereby deleted and, provided further,
that neither party will have the right to terminate the Lease
except pursuant to a material breach committed by the other
party.
IN WITNESS WHEREOF the parties hereto have executed
this agreement on the day and year first above written.
AP OVED AS TO FORM
ty Attorney
ATTEST:
.City Clerk
RSP /Anglin
BALBOA ANGLING CLUB
By
CITY OF NEWPORT BEACH
Mayor