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HomeMy WebLinkAbout3755-A - Lease to JA Beekit 1i Fa 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 USOLUTION N0. 37,5_3­1-0 WHEREAS, there has this day been presented to the City Council of the City of Newport Beach a Certain lease, dated daauary Qth , loop, wherein the City of Newport Beach is the Lessor and J. A. Beek is the Lessee; and WHEREAS, said lease refers to lease from the City to said Lessee dated November 9th, 1927, and also written amendments to said lease dated March 3rd, 1930, July 18th, 1938, February 6th, 1939, and November 3rd, 1945, which said leases are now in full force and effect; and WHERF..AS, the leased .premises have heretofore been improved by said Lessee, and the City desires to encourage the further con- struction of permanent improvements upon the demised property and to further increase its revenue, in addition to increased percent- age rentals, which in the judgment of the City Council will be best accomplished by the granting of a new lease; and WHEREAS, the entire property consists in part of tide- lands and in part of uplands abutting thereon, and in the judg- ment of the City Council of the City of Newport Beach the use of the Westerly portion of said tidelands and said uplands aforesaid for industrial uses is and will be inimical to the best interests of said City , and that it is to the best interests of the City that said Westerly portion be leased for residential purposes for a term of thirty -eight years, beginning January 1st, 1950, and ending December 31st, 1987, upon the following terms, Covenants, conditions and rentals, to -wit: For a rental due on or before January 15th of each year during said term, to and inol, ding PER ACRE December 31st, 1962, of 050,00 /per year; 9.nd in addition thereto Lessee to agree to pay said City five per Cent of all gross sums he shall receive during said period from the use of said Westerly portion of said leased premises, all as in said lease provided; and 1 i 1 WHEREAS, it is for the best interests of the City that • 2 the Easterly Portion of 9W leased premises be leased for said 3 period of thirty -eight years for industrial and other lawful 4 uses for a rental up to December 31st, 1962, of ,$50.00 per acre 5 per year, and in addition thereto Lessee to agree to pay said 6 City to December 31st, 1962, seven and five- tenthe per cent 1 (7.5$) of all the gross sums he shall receive from the use of 8 said Easterly Portion, or any part thereof, all as in said lease 9 more particularly set forth; and in addition to the above rents, 10 Lessee shall and hereby agrees to Day Lessor ;1,000.00 annually 11 during the first thirteen years of said term, due on January 15th 12 of each of said years, beginntng January 15th, 1951, and ending 13 Janu »xy 15th, 1963. For the last twenty -five years of said (Thirty -three & 1/3 %) 14 term, Lessee shall and hereby agrees to pay Lessor 33 113 % 15 per cent of all sums Lessee shall receive from the use of both 16I the gWesterly Portion° and the "Easterly Portiong of the leased 17 premises, or any part of either of said Portions, from whatsoever 18 source, including all sums received from all sub- tenants, it bein; 19 agreed that s?id percentage shall be of the gross cnd not of the 20 net returns, and that such annual rental shall be due on January 21 15th of each of said years, beginning January 15th, 1964, and 22 ending January 15th, 1988; and 23 WHEREAS, the City Council of the City of Newport Beach 24I deems that it is for the best interests of said City of Newport 25 Beach that spid lease be entered into with the said J. A. Beek; 26 NOW, THEREFORE, BE IT RESOLVED: That the City consum- 27 mate said lease, and that the Mayor and City Clerk of the City 28 of Newport Beach be, and they are hereby, directed, instructed 29 and authorized to execute said lease in the name of and on beh4lf 30 of the City of Newport Beach, and that the City Clerk deliver a 31 duly executed copy thereof to the Lessee therein named. 32 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 I hereby certify that the above and foregoing Resolution was duly and regularly passed and adopted by the City Council of the.City of Newport Beach, ATTEST: City Clerk i • i , / . �;4 /w , • • ✓,.ice ABSE40, COUwCILMEu fzp i' 9 Mayor /) STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF NEWPORT BEACH ) • I, MARGERY SCHROUDER, City Clerk of the City of Newport Beach, California, do hereby certify that according to the records • of the City of Newport Beach filed and maintained in my office, the foregoing Resolution No. 3755 -A was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the 9th day of January 1950, by the following vote, to wit: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN Dated this /s/ Greeley, Robertson, Isbell, Blue. Drake None None 1st day of December , 19 58 City C ' r c an x- is o er of the Lit Council, City of Newport Beach, State of California.