HomeMy WebLinkAbout08 - Girl Scout House Lease Extension0
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ITEM 8
NEWPORT BEACH CITY COUNCIL
November 22, 1999 Regular Meeting
TO: Members of the Newport Beach City Council
FROM: Dave Kiff, Deputy City Manager
SUBJECT: Extension of Lease --Girl Scout House (1700 West Balboa)
RECOMMENDED
ACTION:
Authorize the Mayor to enter into a lease renewal that extends the current
Lease Renewal Agreement with the Girl Scout Council of Orange County for
the meeting facility at 1700 West Balboa for one year.
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EXECUTIVE The Girl Scout Council of Orange County has used a City building at 1700 West
SUMMARY: Balboa (known as the "Girl Scout House') since December 1, 1947. The current
lease - entered into on November 6, 1987 -- expires on March 15, 2000, the same
date at which the leases at Marinapark (also on the same City property) expire.
Because the State Lands Commission has not yet opined as to the appropriate
tidelands boundary associated with the City's property between 15th and 18th
Street, the City Manager asks that the Council offer the Girl Scout Council a one-
year extension of the current lease. If so authorized, the City and the Girl Scout
Council will extend tivs lease via the 15t Lease Amendment to the current lease.
BACKGROUND: According to the City s files on the property known as the "Girl Scout House,"
the City and the Girl Scout Council of Orange County first entered into a lease
agreement for the House in December of 1947. Here is a brief summary of the
lease history of the site:
• 1947 Lease -10 years, expired in November 1957
• 1957 Renewal -10 years, expired in November 1967.
• 1967 Renewal -10 years, expired in November 1977.
• 1977 Renewal -10 years, expired in November 1987.
• 1987 Renewal -13 years, set to expire in March 2000.
During the course of this relationship, the City has either not charged a rent or
charged the nominal rent of $1 per year to the Council for the Council's use of
the House. The Lease renewals listed above generally included only changes in
the term and changes in the level of liability insurance required of the Council.
Newport Beach City Council
Page 2
BACKGROUND: The current lease includes the following requirements and stipulations -the
(cont'd) Girl Scout Council must:
• Pay the City $1 per year in rent.
• Maintain the following insurance policies:
Injury to Persons -- $1,000,000 per person or per accident;
Automobile -- $1,000,000 for any one accident;
Council will reimburse City for City's costs to provide "adequate fire
insurance" on buildings and improvements.
• Allow the City and the community to use the House with prior City
approval.
• Obtain written approval of the City Manager prior to constructing any new
improvements to the House.
The Girl Scout Council reports the following use of the House for these
periods:
1998
1999
to 6/001
Troop Meetings
27
24
24
Troop Attendance /mo.
324
288
150
Total Scouts
1,986
1,800
1,200
Given the uncertainty over the tidelands vs. uplands status of the City's
property between 151h Street and 18th Street, the City Manager has asked the
Girl Scout Council of Orange County to agree to a one -year extension of the
1987 Lease under similar terms. The City Council approved a similar action
for the current lease between the City and the American Legion Post 291 at the
Council's October 25,1999 meeting.
This agenda item asks the City Council to authorize the Mayor to enter into a
one -year extension with the Girl Scouts via an amendment to the 1987 Lease
Renewal Agreement.
ATTACHMENTS: Attachment A -1st Amendment to the 1987 Lease Renewal Agreement
Attachment B -1987 Lease Renewal Agreement
' Projected
Attachment A
1St AMENDMENT
to the 1987 Lease Renewal Agreement between the City of Newport Beach
and the Girl Scout Council of Orange County
This First Amendment, made and entered into this 22nd day of November
1999, by and between the City of Newport Beach, a chartered municipal
corporation (" CITY ") and the Girl Scout Council of Orange County
("SCOUTS ") is as follows:
WHEREAS, Scouts have used the City's property at 1700 West Balboa as
a meeting facility since December 1947 and
WHEREAS, City owns or holds in trust the property associated with the
permises and has leased the premises to Scouts under a Lease Renewal
Agreement executed November 6, 1987 ( "1987 Agreement ") and
WHEREAS, the 1987 Agreement will expire on March 15, 2000; and
WHEREAS, City and Scouts desire to extend the 1987 Agreement under
identical terms for the period of one (1) year from the March 15, 2000 lease
expiration date and
WHEREAS, this one (1) year extension shall cause the 1987 Agreement to
expire on March 15, 2001.
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING
RECITALS AND THE MUTUAL COVENANTS set forth below, City and
Scouts hereby agree to execute the First Amendment to the 1987 Agreement
(Exhibit A) as follows:
I. TERM
... That the term of this lease renewal shall be for a period commencing
on December 1, 1987 and ending on March 15, 2880 2001.
IN WITNESS THEREOF, the parties hereto have executed this 15t
Amendment as of the day and year first above written.
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ATTEST:
LaVonne Harkless, City Clerk
Page 4
CITY OF NEWPORT BEACH
Mayor
GIRL SCOUT COUNCIL OF
ORANGE COUNTY
President
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LEASE RENEWAL AGREEMENT
(GIR.L SCOUT BUILDING)
THIS / LEASE RENEWAL AGREEMENT is made and entered into ZL
this el day of 198_, by and between the
CITY OF NEWPORT BEACH, a chartered municipal corporation,
hereinafter referred to as "City ", and THE GIRL SCOUT COUNCIL OF
ORANGE COUNTY, a California corporation, successor in interest to
the Girl Scout Association of Newport Harbor and Newport Harbor
Girl Scout Council, hereinafter referred to as "Council ";
RECITALS:
A. City and the Girl Scout Association of Newport Harbor,
predecessor in interest to Council, previously entered into a
lease effective December 1, 1947, of the following described real
property:
Lots 3, 4, 5 and 6 in Block 117, Section "B", of
Newport Beach, as shown on Miscellaneous Maps, Book
4, Page 27, Records of Orange County, California,
for a period of ten (10) years commencing on December 1, 1947,
and ending on November 30, 1957. The parties subsequently
entered into an agreement entitled Renewal of Lease dated October
14, 1957, whereby it was agreed that the original term of said
lease would be extended for an additional term of ten (10) years,
commencing on December 1, 1957, and ending on November 30,
1967. Said lease was again extended for an additional term of
ten (10) years commencing on December 1, 1967, and ending
November 30, 1977. Said lease was again extended for an
• additional term of ten (10) years commencing on December 1, 1977,
and ending November 30, 1987.
NOW, THEREFORE, in consideration of their mutual promises and
of the covenants and conditions to be kept by each as set out in
said above- mentioned original lease, it is agreed as follows:
1. That the term of this lease renewal shall be for a
period commencing on December 1, 1987, and ending on March 15,
2000.
2. It is expressly understood and agreed between the
parties hereto that the improvements and buildings situated on
the above - described real property are owned by the City of
Newport Beach.
3. In addition to the consideration specified in the lease,
Council shall pay to City rent in the sum of one dollar ($1.00)
per year.
4. Council agrees that it will
continuously maintain in
full force and effect throughout the
term of this lease renewal
the following insurance policies:
(a) General Liability
Insurance Policy which insures and
indemnifies City against
liability or financial loss resulting
from injury occurring to
persons within the premises herein
leased and occupied by
Council, the liability under such insurance to be not less than
one million ($1,000,000.) dollars for
any one person injured, or
one million ($1,000,000.) dollars for
any one accident; and (b)
Automobile Insurance Policy which insures
and indemnifies City
against liability or financial loss,
the liability under such
insurance shall not be less than one million ($1,0000000.)
dollars for any one accident. Council
agrees that it will pay to
and reimburse City its cost of maintaining adequate fire
.
insurance on the buildings and improvements situated on said real
property. The amount of said fire insurance to be carried on the
buildings and improvements shall be determined by City.
5. City and Council further agree that either party shall
have the unconditional right to terminate this lease at any time
during the above - mentioned renewal period by giving the other
party twelve (12) months' prior written notice of termination.
The above - described right of termination shall be in addition to
any and all rights of termination contained in the original
lease.
6. Council further agrees that it will obtain the prior
written approval of the City Manager before constructing any new
improvements to making any changes or alterations in the
buildings and improvements existing on the property as of the
date stated in the introduction of this agreement.
7. Council further agrees that the City Parks, Beaches and
Recreation Department and local community and civic related
organizations can use the property and the buildings and
improvements on the property in accordance with reasonable rules,
regulations, fees and scheduling to be established by the Council
with the prior approval by the City.
8. Except as hereinabove expressly modified or amended in
this lease renewal agreement, all of the terms and conditions of
said original lease are hereby incorporated herein as though set
out in full, and the parties hereto agree to be bound by all of
the terms and conditions of said original lease.
IN WITNESS WHEREOF,
lease renewal agreement
written.
ATTEST:
City Clerk
APPROVED AS TO FORM:
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City Attorney
the parties hereto have executed this
as of the day and year first above
CITY OF NEWPORT BEACH,
a
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THE GIRL SCOUT COUNCIL OF
ORANGE COUNTY, a California
Corporati n
BY:
BY:
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