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HomeMy WebLinkAboutC-1609 - A Street, 200 - Lease "Balboa Angling Club"LEASE Balboa Angling Club This Balboa Angling Club Lease ("Lease") is made and entered into this 10th day of May, 1999, by and between the CITY OF NEWPORT BEACH, a chartered municipal corporation ("Lessor"), and the BALBOA ANGLING CLUB, a California corporation ("Lessee"). RECITALS A The City of Newport Beach holds in trust certain real property located at the foot of A Street and the Bayfront on the Balboa Peninsula "200 A street site," as shown on Exhibit "A" which is attached hereto and incorporated herein by reference). B. Lessee is a non-profit corporation organized for the purposes of furthering the sport of rod and reel fishing, the conservation of fish, and the goodwill of persons in the fishing industry. C. Lessee and Lessor entered into a long-term lease on April 1, 1947. The 1947 Lease was later extended until January 31, 1999. Lessee held over under the terms of the 1947 Lease on a month -to -month basis since the 1947 Lease expired. D. Over the term of the 1947 Lease, and pursuant to its terms, improvements were constructed on the site including a pier and clubhouse at 200 A Street, Balboa. Lessee desires to enter into a twenty-five (25) year lease with Lessor for the 200 A Street site and the pier and clubhouse (collectively referred to herein as "the Premises"), and Lessee is willing to lease the Premises on the terms and conditions set forth in this Lease agreement. E. It is the intention of Lessee to continue to operate the Premises as an angling club to be used for educational, civic, and recreational purposes, and that will generally be offered to the public for recreational, civic and educational programs. F. In consideration of the Lease, Lessee will maintain the Premises in good condition and repair throughout the term of this Lease, ensure adequate fire and other public safety equipment as determined by the Newport Beach Fire Marshal or designee, and insure the Premises to the extent described in this Lease. 1 NOW, THEREFORE, 11 CONSIDERATION OF THE ItTUAL COVENANTS hereinafter set forth, it is agreed as follows: 1. DESCRIPTION OF LEASED PREMISES Lessor hereby leases, and Lessee does hereby accept a Lease of the Premises legally described.as: All land within the northerly prolongation of A Street, as shown on a map of Balboa Tract, recorded in Map Book 4, Page 11, records of Orange County, California, and lying between the northerly line of Bay Avenue, as shown upon said map and the pierhead line as established by United States Government Engineers. 2. TERM The term of this Lease shall be for a period of twenty-five (25) years, commencing on the 10th day of May, 1999 and terminating on May 10, 2024 unless terminated sooner as provided for in this Lease. 3. CONSIDERATION In lieu of rent, the consideration for this Lease shall be Lessee's agreement to maintain and operate the Premises in good condition and repair for the term of the Lease at no cost to Lessor; the commitment of Lessee to operate the facility as recreational, civic, and educational facility open to the public as provided in section four. 4. USE Lessee shall use the Premises to manage and operate an Angling Club ("Club") to further the purpose of rod and reel fishing, the conservation of fish, and the goodwill of persons in the fishing industry, including the hosting and promoting of civic, recreational, and educational programs. Lessee shall operate and manage the Club in a manner that does not violate State or Federal discrimination laws. Lessee shall make all services, programs and facilities available to the public at a cost that does not exceed the cost to provide the services, program or facility. 2 5. CAPITAL IMPROVEMENTS A. All improvements constructed during the term of this Lease shall become the property of Lessor upon expiration of the Lease. B. Lessee shall be required to obtain, prior to commencing the construction of any improvements, all permits, licenses or approvals that may be required by Lessor acting in its governmental capacity. C. Lessee shall obtain the written approval of Lessor prior to the construction or installation of any improvements with an estimated cost of five thousand dollars ($5,000.00) or more. D. Lessee shall indemnify, defend and hold Lessor harmless from any and all claims for labor or materials in connection with the construction, repair, restoration, replace, alteration, installation or improvement of any structure, capital improvement, equipment or facilities on the Premises and from the costs of defending such claims, including reasonable attorney's fees. Lessee shall not suffer or permit to be enforced against all or a portion of the Premises any mechanic's, materialmen's, contractor's or subcontractor's liens, or claim for damage that is in any way related to any construction, repair, restoration, replace, alteration, installation or improvement on the Premises. Lessee shall pay any lien, claim or demand related to any construction, repair, restoration, replace, alteration, installation or improvement of the Premises that is imposed or recorded on the Premises before any action is brought to enforce the same against the Premises. However, the provisions of this Subsection shall not prevent Lessee from contesting the validity of such lien, claim or demand, provided that in such event, Lessee shall, at its expense, defend itself and Lessor against the same and shall pay and satisfy any adverse judgment that may be rendered before enforcement against Lessor or the Premises. Lessor shall have the right, in its sole discretion, to require, Lessee to furnish a surety bond satisfactory to Lessor to fully protect the Premises and Lessor from the effect or enforcement of any lien, claim or demand. E. Lessee shall give Lessor five (5) days prior written notice of any construction, repair, restoration, replace, alteration, installation or improvement on the Premises that is estimated to cost more than five thousand dollars ($5,000.00). 3 Lessee shall coortate the scheduling of any work witFl"any project of Lessor to minimize inconvenience and cost. 6. BUSINESS ACTIVITIES Lessee shall not grant any concession, license, permit or privilege for the conduct of any business or other operation for profit on the Premises without the prior amendment of this Lease, approved by the City Council. 7. UTILITIES AND TAXES Lessee shall promptly pay all charges for water, sewer, electricity, refuse collection and other municipal or utility services provided to the Premises. Lessee shall also pay, prior to delinquency, any general and special taxes or assessments or other governmental charges, if any, which may be levied on the Premises, improvements, Lessee's use of the Premises or any possessory interest created by this Lease. Satisfactory evidence of such payments shall be delivered to Lessor within seventy-two (72) hours of a written request for such information. 8. INSURANCE In addition to Lessee's obligations pursuant to Section 9, Lessee shall provide and maintain, at its own expense, policies of liability insurance as follows: A. All required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with Lessor prior to execution of this Lease. Current certification of coverage shall be provided throughout the term of this Lease. Except for workers'compensation, all insurance policies shall include Lessor and its elected officials, officers, agents, representatives and employees as additional insureds. B. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of Califomia, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Bests Key Rating Guide unless otherwise approved by the City's Risk Manager. C. Lessee shall provide workers' compensation insurance covering all employees of Lessee, per the laws of the State of California. 4 D. Lessee shall prov commercial general liability insulce covering third party liability risks, including without limitation, contractual liability, in a minimum amount of one million dollars ($1,000.000.00) combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Lease, or the general aggregate limit shall be twice the occurrence limit. E. Lessee shall provide fire and extended coverage for not less than ninety percent (90%) of the cost of replacement of all insurable improvements on the Premises. F. Except for workers' compensation, the policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior notice has been given in writing to Lessor. Lessee shall give Lessor prompt and timely notice of claim made or suit instituted arising out of Lessee's operation hereunder. Lessee shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. G. Lessee agrees that, in the event of loss due to any of the perils for which it has agreed to provide comprehensive general liability insurance, Lessee shall look solely to its insurance for recovery. Lessee hereby grants to Lessor, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Lessee or Lessor with respect to the services of Lessee herein, a waiver of any right of subrogation which any such insurer of said Lessee may acquire against Lessor by virtue of the payment of any loss under such insurance. 9. HOLD HARMLESS Lessee shall indemnify, defend, save and hold harmless Lessor, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Lessee, its employees, agents or subcontractors in the use and maintenance of the Premises pursuant to this Lease. 5 10. MAINTENANCE OF IMPROVEMENTS A. Maintainance of Improvements. Lessee shall, at its own cost and expense, maintain the Premises in good order and repair and in clean, orderly, safe and sanitary condition. Lessee shall be responsible for the repair of any damage to the Premises or any improvement on the Premises. B. Lessor May Elect to Repair and Maintain at Expense of Lessee. If, in the judgment of the Lessor, the standards of maintenance and repair required by this Lease are not being maintained, Lessor may elect to correct any deficiency after written notice thereof to the Lessee and Lessee's failure to cure the default. Lessee shall pay to the Lessor on demand any and all sums expended by Lessor in correcting any such deficiency together with interest at the legal rate. If, in the judgment of the Lessor, the disrepair or lack of maintenance constitutes an emergency, the notice shall be a twenty-four (24)hour notice to remedy; in all other cases it shall be a five (5) day notice. C. Lessor's Right of Inspection. Lessor reserves the right by its authorized agents, employees or representatives to enter the Premises upon forty-eight (48) hours advance notice, for purposes of inspection to attend to or protect the Lessor's interest under this Lease. D. Compliance with Laws. Ordinances and Regulations. Lessee agrees to comply with all rules, regulations, statutes, ordinances and laws of the State of California, County of Orange, and the City of Newport Beach, or any other govemmental body or agency having lawful jurisdiction over the Premises or the use and operation of the Premises. 11. ASSIGNMENT Lessee shall not assign, transfer, sublease, mortgage, hypothecate or give any grant of control of this Lease or the Premises, or any part hereof, either voluntarily or involuntarily, unless first approved by the City Council. 12. RESTORATION If during the term of this Lease, any building or improvement erected by Lessee on the Premises is damaged or destroyed by fire or other casualty, Lessee shall, at its cost and expense, repair or restore the same according to the pre -casualty condition or, at 6 Lessee's option, Lessee ity elect to replace the building or itrovement. In the event that Lessee elects to replace the building or improvement, Lessee shall obtain Lessor's approval of the proposed plans and specifications pursuant to this Lease. Any construction, repair, restoration, replace, alteration, installation or improvement shall be commenced within one hundred and eighty (180) days after the damage or loss occurs and shall be completed with due diligence, but not longer than one (1) year after such work is commenced unless delay is caused by events beyond the control of Lessee. If Lessee elects not to repair or rebuild the improvements, it may terminate this Lease by giving Lessor written notice of termination and by assigning all insurance proceeds relating to the casualty to Lessor. If Lessee elects to terminate the Lease it shall be obligated to completely clear and restore the building site to its original condition, and all proceeds from insurance received due to the fire or casualty shall become property of Lessor. 13. DEFAULT AND TERMINATION OF LEASE A. Default. Time and each of the terms, covenants and conditions hereof are expressly made the essence of this Lease. If the Lessee shall fail to comply with any of the terms, covenants, or conditions of this Lease, including, but are not limited to: 1. Failure of Lessee to keep current on all utility payments for the Premises; 2. Failure of Lessee to keep the Premises in state of repair and operation dictated by Section 3 of this Lease ("Consideration") and to keep it in a neat, clean, orderly, safe and sanitary condition; 3. Failure of Lessee to maintain insurance or comply with the obligations to defend, indemnify and hold Lessor harmless; or subject to the provisions of Section 10(B), Lessor may terminate this Lease if Lessee fails to remedy any default related to the payment of money within thirty (30) days after service of a written notice from Lessor to do so, or fails to commence the cure of any other default within thirty (30) days and diligently prosecute the same to completion. Lessee may also terminate this Lease if Lessee abandons or vacates the Premises. 4. Failure to operate the Premises as a recreational, civic and education facility open to the public. 7 B. Surrender of Possssion upon Termination. Lessee shh upon the expiration or termination of this Lease, peaceably surrender the Premises with all buildings and improvements, in the same condition as when received or constructed, excepting reasonable use and wear thereof, and damage by fire, act of God, or by the elements. The provisions of this subsection shall be effective upon expiration or termination of this Lease regardless of whether Lessee holds over under the provisions of Subsection E. C. Remedies Cumulative. The rights, powers, elections and remedies of Lessor are cumulative and no one of them shall be considered exclusive of the other or exclusive of any rights or remedies allowed by law. Lessor's exercise of one or more rights, powers, elections or remedies shall not impair or be deemed a waiver of Lessor's right to exercise any other. D. No Waiver. No failure of Lessor to exercise any right or power arising from any omission, neglect or default of the Lessee shall impair any such right or power or shall be construed as a waiver. E. Holding Over. If the Lessee remains in possession after the expiration of this Lease for any cause, Lessee's possession shall be deemed a tenancy from month -to -month upon the same terms, conditions, and provisions of this Lease. 14.EMINENT DOMAIN In the event the whole or part of the Premises is condemned by a public entity in the lawful exercise of the power or eminent domain, this Lease shall cease as to the part condemned upon the date possession of that part is taken by the public entity. If only a part is condemned and the taking of does not substantially impair the capacity of the remainder to be used for the purposes required in this Lease, Lessee shall continue to be bound by the terms, covenants and conditions of this Lease. If only a part is condemned and the taking of that part substantially impairs the capacity of the remainder to be used for the purposes required in this Lease, Lessee shall have the election of: A. Terminating this Lease and being absolved of obligations hereunder which have not accrued at the date possession is taken by the public entity; or B. Continuing to occupy the remainder of the property and remaining bound by the terms, covenants and conditions of this Lease. Lessee shall give notice in writing of this election hereunder, within thirty (30) days of the date possession of the 8 part is taken by tepublic entity. Lessor shall be en ed to receive and shall receive all compensation for the condemnation of all or any portion of the property by exercise of eminent domain. Lessee shall be entitled to receive and shall receive all compensation for the condemnation of all or any portion of the improvements constructed by Lessee on the Premises by the exercise of eminent domain. 15.NOTICES Any notice or notices provided for by this Lease or by law, to be given or served upon the Lessee, may be given or served by mail, registered or certified, with postage prepaid, and if intended for the: City of Newport Beach City Manager Post Office Box 1768 Newport Beach, California 92659, ' or at such other address as may be hereafter furnished to the Lessee in writing, and if intended for the Lessee, addressed to the: Balboa Angling Club President 200 A Street Balboa, California, 92661 or at such other address as may be hereinafter furnished to the Lessor in writing. In the alternative, notice may be served personally upon any corporate officer of Lessee. Any notice or notices provided by this Lease or by law to be served upon Lessor may be served personally upon the Mayor of the City of Newport Beach or the City Clerk of the City of Newport Beach. Notice pursuant to this section shall be deemed given forty- eight (48) hours from and after the deposit in the United States mail. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first above written. LESSOR: CITY OF WPORT BEACH ennis D. O'Neil, Mayor Dated: WO 9 • LESSEE: BALBOA ANGLING C UB talL r- Bv: esbury, dent Dated: 7/2ilq APPROVED AS TO FORM AND CONTENT: By: Robin L. Clauso�n, Assistant City Attorney ATTEST: By: Ol1i/MT ki (-v LaVonne Harkless, City Clerk F:\users\caflsharedlAg\BalboaAng ling\043099.doc Dated: Dated: er Sl % 10 • Exhibit A Depiction of Leased Premises BALBOA ANGLING CLUB • 11 A CITY CLERK - err-.,�. ... y. 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 incentiveto commit to make the repairs necessary; 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, 19474 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$ROVED AS TO FORM CYt Attorney EDWIN P. MARTIN Counsel for B.A.C. RSP/Anglin BALBOA By By NGLING CLUB CITY OF NEWPORT BEACH 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 ITNESSET H: 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, 1967, 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 -1- • • 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. 9 L I• • L f ' By: Mayor t/Poata APPRO D AS TO FORM: Cit Attorney CITY OF NEWPORT BEACH BALBOA ANGLING CLUB -r By: n( ram, // , /c.e, President Secretary ANGLING CLUB DON:mh 1/29/74 -2- 11 WWC:mec 2/6/59 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY SUMMARY OF CITY'S BALBOA ANGLING CLUB LEASE I. GENERAL INFORMATION Parties to Lease City of Newport Beach, Lessor The Balboa Angling Club, Lessee Date of Lease April 1, 1947 City Council approval Original lease No number (Res. No.) Amendment No number Land Location Source of City's (Res. No.) Extension of Lease Agreement 4404 (Res. o.) "A" St. and Bay Front Title Tidelands and Uplands Approximate Area 2,880.00 Sq. Ft. April 28, 1947 (Date adopted) January 26, 1948 (Date adopted) October 24, 1955 (Date adopted) Frontage Water Street 30.00' 30.00' II. LEASE DURATION No. years: 10 From: May 1, 1947, to April 30, 1957. By amendment, extended/to April 30, 1967. 5"23 'Li/L.4 - t, apie, 30 II' 7 7 III. LEASE PROVISIONS Rental: Purpose: Repairs: Lessee to construct a pier on demised premises; and to erect an auditorium or building on said pier, within one year from date of lease. All improvements on premises to inure to the benefit of Lessor on termina- tion of lease. Recreational, educational and Lessee and for the public. Lessee to keep said pier and and repair. civic purposes, both for building in good condition Assignability: No assignment of lease or subletting of premises, and no mortgaging of leasehold interest or any of the improvements thereon, without written consent of Lessor. Renewal: Lessee to yield up immediate possession on termination of lease by forfeiture or lapse of time, or pay $300.00 per month as liquidated damages for such time as pos- session is withheld. Terms of default: Upon default in any condition of lease by Les- see continuing for 60 days after written notice to Lessee, Lessor may declare term ended, re-enter premises and expel Lessee. Lessee waives compensation for for- feiture and demand for possession. Taxes: Lessee to pay all public improvement assessments due or to become due, all water rates, meter charges, and other charges, and all city, county and state taxes on prem- ises and leasehold interest. 1. SUMMARY OF CITY'S BALBOA ANGLING CLUB LEASE (Continued) III. LEASE PROVISIONS (Continued) Insurance: Lessee to insure building and pier to maximum amount permitted, and to carry liability insurance, with land- lord and tenants liability clause, which shall inure to the benefit of Lessor. IV. LEASE AMENDMENT PROVISIONS Rental: In addition to above, all insurance payable by reason of the substantial destruction of buildings by fire or otherwise shall become the property of Lessor and con- sidered reasonable rent of said building and premises, in event Lessee does not rebuild in 6 months and lease terminates. Should Lessee elect to rebuild, such insurance proceeds shall be used therefor, and Lessee agrees to pay any additional amount required to fully complete building. Insurance: Lessee to insure building and improvements to maximum amount permitted, against fire and other unavoidable accidents, with extended insurance in favor of Lessor, and to carry liability insurance with a landlord and tenants liability clause, which shall inure to the benefit of Lessor. 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 EXTENSION OF LEASE AGREEMENT (BALBOA ANGLING CLUB) This Extension of Lease Agreement made this day of j,4:..,„,1,- , 1967, 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 ae "Angling Club"; WITNESSETH: WHEREAS, the City and Angling Club entered into a lease agreement dated April 1, 1947, which provided 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 entered into on October 24, 1955, extended the term of said lease to April 30, 1967; and WHEREAS, the. Angling Club has requested that the City Council approve a tenyear extension of the existing lease com- mencing on May 1, 1967, upon the same terms and conditions as con- tained in said existing lease; and WHEREAS, the City Council has determined that said request for a ten-year extension is in the best interests of the City and the public and should be approved; NOW, THEREFORE, in consideration of their mutual promises and all of the covenants and conditions to be kept by each as set forth in the above mentioned agreements between the parties hereto, it is agreed as follows: 1. That all of the terms and conditions of said lease • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 agreement dated April 1, 1947, as amended by the subsequent agree- ment dated January 26, 1948, are incorporated herein asthough set forth in full, and the parties hereto agree to be bound by all of the terms and conditions of said agreements for an additional period of ten years, commencing on May 1, 1967, and ending. April 30, 1977; provided, however, that 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 notice in writing. IN WITNESS WHEREOF, the parties have executed this agree- ment as of the day and year first above written. APPROVED AS TO F CITY OF I1EWPORT_B By --I y /V ; Attest: TDLL 4. SEY$ City ' ttorney. BALBOA ANGLING CLUB By yor C ty Oterff C ITY res •ent Attest : p 1 Secretary ANGLING CLUB 2.. 1 2 3 THIS AGREEMENT OF EXTENSION OF LEASE made this 14y46 4 ,day of Sea, , 1955, by and between the CITY OF EXTENSION OF LEASE AGREEMENT 5 6 9 10 11 12 13 14 15 161 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 NEWPORT BEACH, a municipal corporation; party of the first part, and THE BALBOA ANGLING CLUB, a California corporation of Balboa, California, -party of the second part. WITHESSET H: WHEREAS, the Balboa Angling Club is contemplating making improvements on that real property it is now leasing from the City of Newport Beach under that certain Agreement of Lease dated April 1, 1947, and which expires on April 30, 1957; and WHEREAS, the Balboa Angling Club has maintained its ;buildings on said property for educational, civic and recreational purposes for the benefit of the public in general; and WHEREAS, the said contemplated improvements will be used for the aforesaid purposes and the parties hereto are desirous of extending said agreement for a further period; NOW, THEREFORE, in consideration of their mutual promises and all of the covenants and conditions to be kept by each as set out in the said above mentioned previous agreement between the parties hereto, it is agreed as follows: 1. That all of the terms and conditions of said agreement, dated the 1st day of April, 1947, are incorporated herein as though set out in full herein, and the parties hereto agree to be bound by all of the terms and conditions of said agreement dated the 1st day of April, 1947 for a further period of ten years, commencing on the first day of May, 1957, and ending on the 30th day of April, 1967. IN WITNESS WHEREOF, the City of Newport Beach has this day caused its corporate name to be signed and its corporate seal to be affixed by its Mayor and City Clerk thereunto duly -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 authorized by resolution.of its City Council dated the „? y LS day of 1955, and the Balboa Angling Club has hereunto caused its corporate name to be signed and its corporate seal to be affixed by its President and Secretary thereunto duly authorized by resolution of its Board of Directors the 'day of , 1955. CITY OF NEWPORT BEACH BY K.a-; ayor By M S� City X11:1 Party of the First Part THE BALBOA XIGLING CLUB By By President ecre ary Party of the Second Part -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ACTT AnNDING LSAU THIS AGREEMENT emending lease made as of the Beth day of January, 1948, by and between CITY OF HffflQRT:B$ACH, a munioipal corporation of the Sixth Class, of Orange County, California, Party of the First Pert, hereinafter referred to as the "City', and the BALBOA ANGLING CLUB, a California Corporation, of Balboa, California, Party of the Seoond Part, hereinafter referred to ae "Angling Club", W I T N Z 4 err. is what for and in consideration of the promisee and other valuable ooneideratione mutuAtiy pasted between the parties hereto the receipt of which is mutually acknowledged by the parties to this agreement, it is specifically agreed and understood between tie parties hereto as follows; WHISEXAS, the parties hereto did, on or about the day of April, 1947, enter into a •certainindenture of lease agreement, wherein the City leased and let, upon the conditions mentioned in said lease, the following described real property, situated in the City of Newport Beach, and more particularly described as follows, to -wit: all that land within the northerly prolongation of A Street, as shown upon a map of Balboa • Tract, recorded in Map Book 4, page 11, records of Orange County, California, and lying between the northerly line of Bay Avenue, as Shown upon said map and the pierhead line as established by United States Government Engineers, whioh said lease. is hereinafter referred to as "Original Loads"; d WBBBNA8, the. parties to said Original Lease desire to amend said Original Lease mentioned by striking from said Original Lease the following paragraphs, to -wit: That certain paragraph designated'"FURTlStt CONSIDESATION" on Page 3 of said lease, and reading as follows: LAW OFFICES OF ROLAND THOMPSON 208 SPURGEON SLOG. SANTA ANA. CALIF. 6 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OPPICCS OP ROLAND TH OMPSON 208 SPURGEON BLDG. SANTA ANA. CALIF. *And the said Angling Club further oovenante and agrees with the City of Newport Beach that it will keep said pier and building so to be erected and oonstruoted:in good condition and repair during the term of this lease and that said building and pier will be, by said Angling 'Club, insured to the maximum amount permitted by a reputable insurance oompany under a comprehensive polioy in fever of the City of Newport Beach, which form of policy shall be firstapproved by the City Attorney of said City and kept by said City in its records and files." That certain paragraph designated *TERMINATION OF LEASE* es Page 8 of laid lease, and reading as follows: "It is epeeifioally-understoo4 and agreed between the parties hereto, anything in this leave to the contrary notwithstanding, that all improvements which shall be placed on said described promisee shall inure to the benefit of and become the City's property on the termination of this leaser or sooner termination thereof, and said improreaente shall not, nor shall any part or portion thereof at any time be removed by the Angling Club without the express written consent of the City first had and obtained; that ie the event said building shall be destroyed by fire, or otherwise, all insurance Which shall be made payable to the City for said.de- miaed premises, and in the event of fire or unavoidable easualty thie lease Khali absolutely terminate in the event said pier or the structure thereon shall be sub, stantialiy destroyed by fire or other unavoidable aeaident" That certain paragraph designated *LIABILITY INSURANCE", which Paragraph commences on page.8 of said lease, and reading as follows: *The Angling Club shall at all times carry liability incur- anoe on said described premises with a landlord and tenants liability olauae attaohed thereto which liability insurance Shall inure to and to the benefit of said City, and said policy of insurance shall be taken out immediately upon the commencement. of the erection and oonetruotion of any improvements on said described premiers by the Angling Club and shall be approved by /the City Attorney of said City and thereupon filed with the Clerk of said City. It is specifically undsratood and agreed between the parties hereto, anything in this agreement of lease to the contrary notwithstanding, that the City may, in the event that the City Council of said City shall, at any regular meeting thereof determine that said Angling. Club has failed andneglected within the time specified in this leaeeto remedy a default thereof in any par- tioular, and said City Council shall be. the sole judge thereof, and shall terminate and end this lease without any liability or responsibility insofar as its action may be uoneerned in reference to said termination of said lease under the provisions hereof.* 2. 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OP. ROLAND THOMPSON 205 SPURGEON BLDG. SANTA ANA. CALIF. It is further agreed between the said panties that there shall be added to said Original lease, and in lien of the part- graphs etriken therefros as above,'the following paragraphs °FURTH= CONSIDERATION' And the said Club further .covenants and agrees with the City of Newport Beach that it will keep said building and pier so to be erected and constructed, in good condition and repair at its. sole Cost and expends during the term of this lease and further, that aaid building and improvements will be by -said Club insured at it® sole post and ex- pense to the:maximum:amount permitted by a reputable insurance company, against fire and other unavoidable accidents, with extended insurance, which policies Shall be taken'out in the name of and be in favor of the City of Newport Beach.' 3aid.form of.pclkcy shall be first approved by the City Attorney of said. City and kept by said City in its records and:files." "TERN1NATION. OF LUSB It is speoifically.underetood and. agreed between the parties hereto., anything in this lease to the contrary notwithstanding, that all improve- ments which ;hall be placed onsaiddescribed premises shall. inure to the benefit and become the City's property 'on the termination of this lease, or sooner termination --thereof, and said improvements shall not, nor shall any part or portion thereof. at any tine be removed by the Club without the express written Conant of the City first had and obtained; that in the event said building or buildings shall be substantially destroyed by fire or otherwise, all insurance payable by reason thereof shall become the property of the City, which money shill be considered the reasonable rent of said building and premise's. However, and in the event of fire of unavoidable casualty, this lease shall absolutely terminate in the event said structure thereon' shall be • substantially destroyed by fire or other unavoidable accident, and the said Club doee not desire to erect and construct another structure.thereon in accordance with. *lath the plans and speoifioatione now on file in the City Clerk'.e office in the City of. Newport Beach, within. six months from date -Of saidfire or unavoidable casualty. Rowever, in the event that said Club. dose desire to re- build within said period of time, the City agrees to place in a trust fund the amount of said insurance so . received by them, which insuranoe shall be used for the purpose of erection and construction of a new building on said demised premises by the Club. In the °Vent Said insurance is insufficient for the purpose of construct ing.a building in accordance with the provisions hereof, said Club shall within said six months period, place • in said trust fund any additional amount. required to fully complete said building, and shall thereafter eon, mange the erection and oonetruction of said new building on said demised promisee and complete the -sate in` good faith and with reasonable diligence. In the event Club does not desire to exercise its option to rebuild within the tine and in. the manner herein specified, all incur- anoe.moneys herein.mmentioned Shall belong to and become the property of the City and this lease shall forthwith terminate and:end and be of no further force or effect, for any purpose whatsoever." 8 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26. 27 28 29 30 31 32 "LIABILITY INSUBANQM. The Club shall at all tines tarry liability insurance on said described promisee with a landlord and tenante liability clause attached. thereto, which liability insurance shall inure to and to the benefit of .said City, and said policy of insurance shall be taken out ismediately upon the oosr menoement of .the erectionand construction of any Sm- provements on said described premises by the Club and shall be approved by the City Attorney of said City and thereupon filed with the Clerk of said City.! It is further specifically understood and agreed between the parties hereto that said Original Lease as Britten, except as amended herein, shall retain in full force and effect ea betwee. the parties hereto, and that said amendments to said original leas shall be construed to be and shall be a part of said Original Lease to the same extent and purpose as if originally Written and contained therein. IN WITNESS WHEREOF, the City of Newport 'Beach, has canted its corporate name to be signed and its corporate seal to be af- fixed by its Mayor and City Clerk thereunoo duly authorised by resolution of its City Council dated the 26th day of_January, 1948, and the Balboa Angling Club has caused its corporate name to be. signed and its corporate seal to be affixed thereto by its President and Secretary thereunto duly authorized by resolution of its Board of Directors, this day of January, 1948. Party of the First Part THE S L3OA ANGLING OLLIB By By. ary Party of the Second Part LAW OFFICES OF ROLAND THOMPSON 20S STURGEON BLOC. SANTA ANA. CALIF. 9 4. 2 3 4 8. 6 7 8 9 10 11 12" 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OF ROLAND THOMPSON .208 SPYRSEON BLDG. SANTA ANA. CALIF. /0 AGREEMENT OF LEASE THIS AGREEMENT OF LEASE made this /tip day of April, 1947, by and between CITY OF NEWPORT.BEACH, a municipal corpor- ation of the Sixth Class, of Orange County, California, party of the first part, hereinafter referred to as the "City", and • THE,BALBOA ANGLING CLUB, a California corporation, of Balboa, California, party of the second part, hereinafter referred to as the "Angling Club". WI THE S SETH: WHEREAS, the City of Newport Beach is the owner of harbor frontage and tide lands in the City of Newport Beach, to- gether with certain uplands abutting thereon, all in the:City of Newport Beach, County of Orange, State:of California, herein- after more particularly described; and WHEREAS,in the judgment of the City Council of the City of Newport Beach it is for the best interests and Welfare of said City and the residents thereof, to lease said lands here- inafter described, to the Angling Club, for the purposes herein- after set forth, and under the terms and conditions of this lease; and WHEREAS, in the judgment of the City Council of the City of Newport Beach, the use of the tide lands and uplands abutting thereon, hereinafter described, for industrial uses; would be inimical to the best interests of said City, for the reason that the properties'surrounding said lands are in fact' used for residential and small business:_purposes and there are no industries immediately adjoining said lands to beleased; and WHEREAS, it is the present intention that the tide lands and lands abutting thereon, owned by said City, shall never be used for industrial purposes, and shall be kept for park, 1 2 3 4 5 6 7 8 9 10 11' 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OPMCSS OF, ROLAND THOMPSON '208 SPURGEON SLOG. SANTA ANA. GAUP.. recreational, residential and educational purposes; and WHEREAS, it is the judgment of the City Council of the City of Newport Beach that the leasing of said:.lands to the Angling Club , upon the conditions inthis agreement specified, is not inconsistent with the trust imposed upon such portion of the lands hereinafter described, which may constitute tide lands by the Constitution of. the State of California; and "WHEREAS, a portion of the lands hereinafter described constitute tide lands and water frontage, and a portion thereof constitute uplands abutting thereon; and WHEREAS, in the judgment of the city Council of the City of Newport Beach said uplands cannot be used without said tide lands, nor can said tide lands be used without the uplands abutting thereon, and it is further the judgment of said City Council that the leasing of the whole of said lands hereinafter described, as one parcel', is necessary for the proper development and use of said lands, water frontage and tidelands, for re- creational, residential and educational..purposes, and it is fur- ther the judgment of said City Council that the leasing of said lands for said purposes, is necessary for the proper development of Newport Harbor and the City of Newport Beach; and WHEREAS, it .is the intention of the Angling Club to erect and construct a building on the lands hereinafter described, which said building and lands surrounding the same, will be used for educational, civic and recreational purposes, and will be generally offered to the public for recreational, civic and educational purposes: NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH: That the City, for and inconsideration of the rents herein re- served, and the covenants and agreements herein contained, on the part of the Angling Club to be kept and performed, has demised and leased, and does by these presents demise and lease unto the -2- /f ailv 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 I 30 31 1 32 LAW OFFICES OF ROLAND THOMPSON 20S SPURGEON BLDG. SANTA ANA. CALIF. Angling Club, that certain real property situate in the City of Newport Beach, County of Orange, State of California, and more particularly described as follows, towit; All that land within the northerly pro- - longation of A Street, as shown upon a map.of • Balboa Tract, recorded in Map Book 4, page ll, records of Orange County, California, and lying . between the northerly line. of Bay Avenue, as shown upon said map and the pierhead line as established by United States Government Engineers., PURPOSE: For the sole purpose of using said lands -for recreational, educational and civic purposes. TERM: To have and to hold the same with the appur- tenances unto said Angling Club, for and during the term of ten (10) years, commencing as of the first day of May, 1947, and ending as of the 30th day of April, 1957. CONSIDERATION: The Angling Club, in consideration of the leasing of said premises to it -by said City, hereby spe- cifically covenants and agrees to erect and construct a pier on said demised premises in accordance with the regulations of the City of Newport Beach, and to erect on said pier an auditor- ium or building substantially in accordance with the plans and specifications on file with the. City Clerk of the City of Newport Beach, which plans and specifications are by reference thereto made a part hereof, and to complete said pier and building to be erected thereon within one (1) year -from date hereof. FURTHER CONSIDERATION: And the said Angling Club further covenants and agrees with the City of Newport Beach that it will keep said pier and building so to be erected and con- structed in good condition and repair during the term of this lease, and that said building and pier will be, by said Angling Club, insured to the maximum amount permitted by a reputable insurance company under a comprehensive policy in favor of the City of Newport Beach, which form of policy shall be first -3- / 1 2 3 4 5 6 7 8 9 10 11 12, 13 14 15 16 17 18. 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW. OFFICES QF ROLAND THOMPSON 201 SPURGEON BLDG. SANTA ANA. CALIF. approved by the City Attorney of said City and kept by said City in its records and files. FURTHER CONSIDERATION: The Angling Club agrees and covenants that said building to,be erected and constructed on the real. property mentioned, may be used for all civic, education- al and recreational purposes, and under such rentals, rules and regulations as shall meet with the approval of the City. TAXES AND ASSESSMENTS: As a further consideration for the leasing aforesaid, the Angling Club covenants and agrees to and with the City that it will.pay, in addition to the con- siderations above specified; .all public improvement assessments which may become due from time to time upon said described prop- erty, and in this connection said party of the second part, the, Angling Club, agrees to and does hereby assume and agree to pay as due, all unpaid assessments now against said property of every nature, description or kind. The party of the second part, the Angling Club, further agrees to pay all water rates, meter charges and other charges levied, assessed or imposed upon said demised premises, or any part thereof.. The Angling Club further covenants and agrees to pay taxes, city, county and state, levied or assessed against any improvements which may be placed in or' upon said describedpre- mises,'as well as all taxes which may be levied on the leasehold interest of said Angling Club hereunder, and further the Angling Club agrees and covenants to pay all the above -named charges before the same shall become delinquent. The Angling Club further covenants and agrees that in the event any buildings or other structures are placed on said land, th.at it will notify the City promptly of its intention to erect or construct buildings or other improvements on said de- scribed premises, and the nature thereof, and the approximate costs thereof, and the City reserves the right to post and keep -a- /3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OF ROLAND THOMPSON .2OB SPUROEON DLOO. SANTA ANA. CALIF. posted on said premises, notices of non -responsibility for labor, materials and supplies furnished to the Angling Club, inthe erection andconstruction of any and all improvements on said. described premises. The Angling Club further covenants and agrees to comply with all building ordinances and laws, State, Federal or City, in the construction of the proposed building and pier on said. premises, as well as in the use thereof, for the purposes Speci- fied, and agrees that it will not use said building or pier in violation of the By -Laws of said Angling Club, ASSIGNMENT OF LEASE: The Angling Club further coven- ants and agrees with the City that it will not assign this lease, or any interest therein, without first obtaining the written con- sent of the City for':such assignment, and the Angling Club fur- ther agrees in this connection, not to sublet said demised prem- ises, or any part or portion thereof, without the written consent of the City. The Angling Club further covenants and agrees that it will not mortgage said leasehold interest, or any of the improve- ments thereon, or to be placed thereon, without the express writ- ten consent of the City first had and obtained. CITY'S COVENANT OF PEACEFUL ENJOYMENT: The said City hereby covenants and agrees that the Angling Club, performingthe covenants, terms and conditions of this lease on the Part of said Angling; Club to be kept.and performed, may and shall have the right atall times during the term of this lease, to quietly and peacefully. hold, possess, use,occupy and enjoy said leased land and premises and all improvements which may from time to time be placed thereon, under and by'virtue of this lease. LIQUIDATED DAMAGES: The Angling Club further covenants and agrees that. it will, upon the termination of this :lease by forfeiture or lapse of time, yield up immediate possession of .said /y 1 2 3 4 5. 6 7 8 9 10 11 12 13 14 15 :16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 .31 32 LAN OPPICIS OF ROLAND THOMPSON 208 SPURGEON BLCO. SANTA ANA, CALIF, demised premises, together with all the improvements thereon, to said City, or to pay, upon failing so to do, as liquidated damages for the whole time such possession is withheld, the sum of $300.00 per month, but the provisions of this Clause shall not be held as a waiver by said City of any right of re-entry as'hereinafter set forth, nor shall the receipt of said rent or any part thereof, or any other act in apparent affirmance of the tenancy, operate as a waiver of the right to forfeit this lease, and the term hereby granted for the period still'unexpired, for any breach of the covenants herein. NOTICE: In the event said Angling Club shall default in any of the terms, conditions or covenants hereof, and said default shall continue for sixty (60) days after notice thereof in writing to the Angling Club, then and in either or any of such events;it shall be lawful for the City; at its election, to declare said term ended,and with or without procees of law, to re-enter, and the said Angling Club, and every other person in or upon said premises, or any part thereof, to expel, remove and put out, using such force as may be necessary in so doing, and to repossess and enjoy said premises without prejudice to any rights or remedies whether by statute or common law, which might be used for breach of any term, covenant or stipulation of this lease, In this connection the Angling Club waives any compensa- tion for the forfeiture of said term or the possession of said demised premises by the City, in the event of the forfeiture of this lease for any of the causes aforesaid, and hereby waives any demand for the possession of the premises in the event of the for- feiture of this lease, and agrees that any notice that the City may desire or is required at any time to give or serve upon the Angling Club, with reference to the foregoing covenants, or any other one in this lease, may be sent by registered mail, postage prepaid, to the Balboa Angling Club, at suchaddress as shall -6- I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OF ROLAND THOMPSON 208 SPURGEON BLDG. SANTA ANA. CALIF. have been last furnished in writing by the Angling Club, to the City, or may be left at such address in the care of an employee of the Angling Club, or the City may post such notice conspicuous- ly for ten consecutive days.upon the said described premises, and the.giving of such notice in either way above described shall con- stitute a good, sufficient and lawful notice in all cases where by the terms of this lease a notice is required to be given by said City to the Angling Club. COSTS OF LITIGATION: The Angling Club further covenants to and with the City that in the event said City shall without any fault on its part, be made a party to any litigation commenced: by or against said Angling Club, that the Angling Club will pay all costs and reasonable attorney's fees incurred by or imposed upon said City, by or in connection with said litigation, and the Angling Club will pay all costs and reasonable attorney's fees which may be incurred or paid by the City in enforcing the cov- enants of this lease, and all such costs and attorney's fees when paid by said City shall be so much additional consideration for the granting of this lease. CITY'S REMEDIES: It.is further understood and agreed that the various rights and remedies herein contdned and reserved to the City, shall_ not be considered as exclusive of any other right or remedy, but the same shall be construed as cumulative, and shall be in addition to every remedy now or hereafter existing at law, in equity or by statute. No delay or admission of the City to exercise any right or power arising from any ommission, or default of the Angling Club, shall impair any such right or power, or shall be construed as a waiver of any duch default or any acquiesence therein. No waiver of the breach of any of. the covenants of this lease shall be construed or held to be a waiver of any other breach or waiver or acquiescence in or consent to any further or succeeding breach of the same covenant. -7- /6 DiAd 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFPICILS OF ROLAND TI4OMPSON .208 $PUROEON SLOG. SANTA A NA. CALIF. .TERMINATION OF LEASE: It is specifically understood and agreed between the parties hereto, anything in this lease to the contrary notwithstanding, that all improvements which shall be planed oh said described premises shall enure to the benefit of and become the City's property.on the termination of this lease, or sooner termination thereof, and said improvements shall not, nor shall any part or portion thereof at any time:be removed by the Angling:Club without the express written consent of the City first had and obtained,• that in the event said build- ing shall be destroyed by fire, or otherwise, all insurance which shall be made payable to the City for said demised premises, and in the event of fire or unavoidable casualty this lease shall absolutely terminate in the event -said pier or the structure thereon shall be substantially destroyed..by fire or other unavoidable accident, LIABILITY INSURANCE: The Angling Club shall'at all times carry liability insurance oh said described premises with a landlord and tenants liability clause attached thereto., which liability insurance shall enure to and to the benefit of said City, and said policy of insurance shall be taken out immediately upon the commencement of the erection and construction of any improvements on said described premises by the Angling Club and shall be approved by the City Attorney of said City and thereupon filed with the Clerk of said City. It is specifically understood and agreed between the parties hereto, anything in this agreement of lease to the con- trary notwithstanding, that the City may, in the event.that the City Council of said City shall, at any regular meeting.thereof determine that said Angling Club has failed and neglected within the time specified In this lease to remedy a default thereof in any particular; and said City Council shall be the sole judge thereof, and shall terminate and end this lease without any -8- / 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 liability or responsibility insofar as its action may be concerned in reference to said termination of said lease under the provision hereof. IN WITNESS WHEREOF, The City of Newport Beach has this day caused its corporate name to be signed and its corporate seal to be affixed by its Mayor and City Clerk thereunto duly authorized by resolution of its City Council dated the i. rC‘ day of April, 1947, and the party of the Second Part has here- unto caused its corporate name to be signed and its corporate seal to be affixed by its President and Secretary thereunto duly authorized by resolution of its Board of Directors the day of April, 1947. CITY OF NEWPORT BEACH By. &fit 1L P e .\ w teary Party of the First Part THE BALBOA ANGLING CLUB By By QMPIC LAW OFFICES OF ROLAND THOMPSON 200 SVYPOCON BLDO. SANTA ANA. CALIF. / J -9-