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HomeMy WebLinkAbout83-40 - Elks Club LeaseRESOLUTION NO. 83 -40 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF • NEWPORT BEACH AUTHORIZING THE MAYOR & CITY CLERK TO EXECUTE AN AMENDMENT TO A LEASE PURSUANT TO WHICH CITY UTILIZES A PORTION OF THE ELKS CLUB PROPERTY FOR PARKING AND VEHICULAR ACCESS PURPOSES WHEREAS, the City of Newport Beach, the Griffith Company and the Elks Lodge Building Corporation are parties to a SubLease, dated April 28, 1958, which grants to the City of Newport Beach rights to use certain property, at the northerly end of Central Avenue, for parking and vehicular access purposes; and WHEREAS, the Elks Club has purchased the interests of the Griffith Company to the original Lease and is now the only Party, other than the City, which has an interest in the Lease of the City property referenced above; and WHEREAS, the Lease referred to above expires on April 30, 1983, and the Elks Club is reluctant to execute a long- term Lease renewal until it has had a chance to further negotiate the terms of such a renewal; and WHEREAS, the present SubLease does not clearly establish that the City would have the right to continue to use the leased property on a month -to -month basis, subsequent to expiration of the Lease; and WHEREAS, the parties to the Lease wish to amend the provisions thereof, to clarify the rights and duties of the parties subsequent to the termination of the Lease and prior to the execution of any long -term renewal thereof; 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 SubLease, pursuant to which the City is authorized to utilize the leased property for parking and vehicular access purposes, a copy of which amendment is attached hereto as Exhibit "A ", and which amendment provides for the right, on the part of the City, to utilize the leased property, on a month -to -month basis, subject • to the payment of rent as provided in the original agreement. 1983e ADOPTED this 25th day of April Mayor I RSP /Elks U 3 AMENDMENT TO LEASE • WHEREAS, the City of Newport Beach, the Griffith Company and the Elks Lodge Building Corporation are parties to a SubLease dated April 28, 1958, which grants to the Elks Club the rights to use certain City property at the northerly end of Central Avenue for parking and vehicular access purposes; and WHEREAS, the Elks Club has purchased the interests of the Griffith Company to the original Lease, and is now the only party, other than the City, which has an interest in the Lease of the City property referenced above; and WHEREAS, the Lease referred to above expires on April 30, 1983, and the Elks Club is reluctant to execute a long- term Lease renewal until it has had a chance to further negotiate the terms of such a renewal; and WHEREAS, the present SubLease does not clearly establish that the City would have the right to continue to use the leased property, on a month -to -month basis, subsequent to termination of the Lease; and WHEREAS, the parties to the Lease wish to amend the provisions thereof, to clarify the rights and duties of the party subsequent to the termination of the Lease and prior to the execution of any long -term renewal thereof. E e 1. The terms of the original Lease, between the City of Newport Beach and the Griffith Company, dated August 1, 1952, and the original SubLease between the City of Newport Beach, Lodge Building Corporation and the Griffith Company, dated April 28, 1958, are, except to the extent that they are inconsistent with the provisions of paragraph 2 of this amendment, repeated herein as though fully set forth at length. 2. Should the City of Newport BEach remain in possession of the demised premises after the expiration of this Lease, a new tenancy, from month -to- month, shall be created which shall be subject to all of the terms and conditions of this Lease, but shall be terminable by thirty (30) days' written notice, served, by either party, on the other party, in the manner prescribed by Section 1946 of the Civil Code of the State of California. In the event that a month -to -month tenancy is created by virtue of the holdover by the sublessee, the consideration to be paid shall be one - twelfth (1 /12th) of the amount paid for the twelve (12) month period immediately preceeding the.dat;e of termination of the Lease (April 30, 1983), with payment of said sum to be made on or before June 10, 1983, and on or before the 10th of each month thereafter, for so long as the City of Newport Beach is in possession by virtue of the provisions of this parag.raph.. I IN WITNESS WHEREOF the parties hereto have executed this agreement on the day and year first above written. • LODGE BUILDING CORPORATION APPROVED A�S� TO FORK City Attorne ATTEST: City Cler RSP /Elks • CITY OF NEWPORT BEACH Mayor