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HomeMy WebLinkAbout09 - Balboa Theater Lease Design Requirementsap.`x'PO�,t CITY OF NEWPORT BEACH o� m COMMUNITY AND ECONOMIC V �= DEVELOPMENT +c �'��« ^ "�" • PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (714) 644 -3200; FAX (714) 644 -3250 Hearing Date: Agenda Item No.: Staff Person: REPORT TO THE MAYOR AND CITY COUNCIL December 13, 1999 SUBJECT: Amendment to Design Requirements of Balboa Theater Lease Sharon Z. Wood (949) 644 -3222 SUGGESTED ACTION: Approve amendment applying historic guidelines only to exterior improvements. The City Council approved a lease agreement with the Balboa Performing Arts Theatre Foundation on November 23, 1998, and amended the lease with regard to insurance requirements on September 27, 1999. Pursuant to the lease requirements, the Foundation recently submitted a Conceptual Design Plan for approval by the Committee to Promote Revitalization of our Peninsula (PROP). The Committee reviewed the plan on November 19, 1999, and found that it meets the required criterion of consistency with a first class community theater. The second criterion is consistency with the Guidelines for the Rehabilitation of Historic Structures published by the Secretary of the Interior. PROP found the proposed exterior design and treatment to meet this criterion, but not the proposed interior design. The proposed interior treatment involves removing the balcony and installing "raked" seating. This change will improve views of the stage, satisfy modern customer preferences and help ensure the economic viability of the Theater. PROP felt that these advantages of the proposed interior design help satisfy the first criterion of a first class community theater, and that historic accuracy is more important on the exterior design, which is visible from the public right -of -way. Therefore, PROP approved the design as submitted, and asked that the lease be amended to apply the historic guidelines only to the exterior improvements, which the Committee found consistent with the Guidelines. SHARON Z. WOOD rit City Manager SECOND AMENDMENT TO LEASE BY AND BETWEEN THE CITY OF NEWPORT BEACH AND THE BALBOA PERFORMING ARTS THEATRE FOUNDATION This Amendment, entered into as of December , 1999, (Effective Date) by between the City of Newport Beach, a Charter City and municipal corporation ( "Lessor ") and Balboa Performing Arts Theatre Foundation ( "Lessee "), is made with reference to the following: RECITALS A. Lessor and Lessee entered into the subject lease as of November 23, 1998 B. Lessor and Lessee approved the First Amendment to the subject lease on September 27, 1999, which amendment altered the insurance requirements of Lessee. C. The parties agree that the existing lease requirement for required improvements and other alterations to be consistent with the Guidelines for the Rehabilitation of Historic Structures published by the Secretary of the Interior goes beyond the goals of the parties. NOW, THEREFORE, Lessor and Lessee hereby agree as follows: ARTICLE 1 AMENDMENT TO ARTICLE 9, REQUIRED IMPROVEMENTS Paragraph 9.3 of the Lease is amended to read as follows: Lessee shall prepare, and submit to Lessor for approval, a proposed conceptual plan for the design, construction, furnishing and equipping of the Property for use as a theatre (Conceptual Design Plan). The Conceptual Design Plan shall be prepared by a licensed architect. The Conceptual Design Plan shall generally describe those elements typically included in preliminary Conceptual Design Plans for the renovation and rehabilitation of a theatre constructed in the 1920's. The Conceptual Design Plan shall include, without limitation, (1) seating layout and design; (2) stage and dressing room layout and design; (3) lobby and concession area design; (4) structural modifications necessary to comply with uniform codes; (5) interior design elements and treatment; (6) exterior design and treatment; (7) sound and projection systems; (8) lighting systems and • design; (9) public area layout, design and treatment; and (10) stage, orchestra • pit and roll -down backdrop design and treatment. Lessor's right to approve the Conceptual Design Plan shall be limited to ensuring that the improvements contemplated are consistent with a first class community theatre and that the exterior design and treatment are reasonably consistent with the Guidelines for the Rehabilitation of Historic Structures published by the Secretary of the Interior. The Conceptual Design Plan shall be deemed approved if Lessor fails to serve written notice of disapproval within thirty (30) days following submittal. Lessor's approval shall not be unreasonably withheld and any disapproval by Lessor shall specify with particularity the components of the Conceptual Design Plan disapproved, the reasons for disapproval and alternatives that Lessor would approve. The Parties shall agree on a Conceptual Design Plan within sixty (60) days of submittal. ARTICLE 2 AMENDMENT TO ARTICLE 12, ALTERATIONS Paragraph 12.1 is amended to read as follows: Except as otherwise provided in this Article, Lessee shall obtain the written consent of Lessor prior to making any structural or nonstructural alterations to the Property. All structural and nonstructural alterations to the exterior of the Property shall conform to the Theatre's designation as a local landmark and shall be consistent with the original design and architecture of the Theatre as well as the Guidelines for the Rehabilitation of Historic Structures published by the Secretary of the Interior. Lessee shall be solely responsible for all costs and expenses incurred in making any alteration. All alterations shall be surrendered with the Property when this Lease expires or terminates. ARTICLE 3 NO AMENDMENTS TO REMAINDER OF LEASE All other provisions of the Lease shall remain in force and effect in their original form or as amended by agreement of the Parties. FOR LESSOR CITY OF NEWPORT BEACH Dated John Noyes Mayor FOR LESSEE BALBOA PERFORMING ARTS THEATRE FOUNDATION Dated Dayna Pettit President APPROVED AS TO FORM CITY OF NEWPORT BEACH Dated Robert H. Burnham City Attorney ATTEST: CITY OF NEWPORT BEACH Dated LaVonne Harkless City Clerk 3 1j •