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HomeMy WebLinkAboutF-2f - Proposed Sub-Lease at the Balboa Bay ClubCITY OF NEWPORT BEACH COUNCIL AGENDA OFFICE OF THE CITY MANAGER ITEM No F -2(f) September 27, 1982 — ' TO: MAYOR AND CITY COUNCIL SEP 27 1982 FROM: City Manager By tha 0fi y COUNGL CITY OF NAWVW MACH SUBJECT: PROPOSED SUB -LEASE AT THE BALBOA BAY CLUB The Master Lease between the City and the Balboa Bay Club requires City consent for sub - leases on the subject premises. Attached is a letter from an attorney, Mr. O'Keefe, requesting approval of a sub -lease between the Bay Club and Diane Myerson dba "Gimones ". The subject business would specialize in men's and women's clothing, accessories and gift items. The term of the proposed sub -lease would be for 2 years, commencing on October 1, 1982. The consideration paid by the Bay Club for all sub - leases with terms of more than one year is based upon the following formula: 2 -1/2% of the first $1,000 of gross sales per month; 28 of the second $1,000 of gross sales per month; 1 -1/2% of the balance of gross sales per month. It is recommended that the City Council adopt Resolution No. approving the proposed sub - lease. 9C�� CV R BERT L. WYNN City Manager RLW;GJB;mm attachment �1.IJ LAW OFFICES OF THOMAS J. O'KEEFE,1\ CORPORATED September &, 1982 Mr. Robert Wynn City Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, California Re: Balboa Bay Club Sub -Lease Dear Bob: SUITE 400' 2323 NORTH BROADWAY POST OFFICE BOX 6099 SANTA ANA.CALIFORNIA 92706 TELEPHONE (714) 835 -1100 X11 8 REv E V, SEP 13 1982w - City Managerc� City of Newport Beach 19 Pursuant to our discussion I have enclosed a copy of the new clothing shop Sub -Lease between the Bay Club and Diane Myerson. The old tenant, Pat Harrison, doing business as Lido Fashions, . has vacated the premises, and the new Sub. -Lease will be effective October 1st. Since our master Lease calls for the City's consent to new Sub - Leases (excepting normal residential Sub - Leases) I have enclosed a consent form for signature on behalf of the City of Newport Beach. If you have any questions concerning the form, or contents of the Sub - Lease, please do not hesitate to call. Otherwise, please furnish me with a copy of the consent form when it has been signed. You may retain the enclosed copies of the Sub -Lease and Consent to Sub -Lease for the City's files. Thank you for your cooneration in this regard. Very truly yours, �.. ...✓ ., Thomas J. O'Kee e pt14l14TWi11;1 cc: Mr. Bill Davis HAND- DELIVERED RESOLUTION NO. Bz -I32- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING INTERNATIONAL BAY CLUBS, INC., TO SUBLET CERTAIN PORTIONS OF THE BALBOA BAY CLUB PREMISES TO DIANE MYERSON D/B /A "GIMONE'S" (WOMEN'S CLOTHING STORE), CONSISTENT WITH THE RATE OF RENTAL PAYMENTS ESTABLISHED BY RESOLUTION NO. 9437 WHEREAS, the City of Newport Beach has entered into a Lease dated March 24, 1948, with the predecessors -in- interest to International Bay Clubs, Inc., of certain City -owned real property generally referred to as the Balboa Bay Club site; and WHEREAS, said Lease provides, among other things, that International Bay Clubs, Inc., shall not sublet the premises described in said Lease, or any part thereof, for the purpose of operating and conducting any business enterprise at, in, or about the same, for a term in excess of a period of one year without the written consent of the City of Newport Beach first had and obtained; and WHEREAS, International Bay Clubs, Inc., has requested that-the City Council of the City of Newport Beach approve a Sublease, for the sale of men and women's retail clothing, accessories and gift items, for a period of two.years, expiring on September 30, 1984; and WHEREAS, after consideration thereof, the City Council of the City of Newport Beach wishes to approve said sublease; and WHEREAS, the City Council of the City of Newport Beach adopted Resolution No. 9437 on September 25, 1978 establishing the rate of rental payments to the City of Newport Beach for subleases of the Balboa Bay Club premises for commercial purposes for terms in excess of one year, which rental rate will apply to the herein referenced sublease; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach, as follows: 1. The City Council of the City of Newport Beach hereby approves the sublease between International Bay Clubs, Inc., as Lessor and Diane Myerson d /b /a Gimone's, for a term.of two (2) years, terminating September 30, 1984. The purposes for which the premises are subleased are for the operation of a retail store for the sale of men and women's clothing, accessories and gift items. 2, it is mutually agreed between the .City of Newport Beach and International Bay Clubs, Inc., that pursuant to Resolution No. 9437 of the City Council of the City of Newport Beach, that International Bay Clubs, Inc., shall pay to the City of Newport Beach the rental rate as established in said Resolution No. 9437. Said rental rate is as follows: (a) 2 1/28 of the first $1,000:00 of gross sales per month; and (b). 28 of the second $1,000.00 of gross sales per month; and (c) 1 1/28 of the balance of gross sales per month. Adopted this �9-1-fk day of Q 1982: ATTEST: L )oy) (,) E .�9nr City Clerk RSP- BayClub K, REP "IM1111,