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HomeMy WebLinkAboutS30 - Balboa Bay Club Lease Option ExtensionAgenda Item # S30 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY March 14, 2000 TO: Mayor & Members of the City Council FROM: Robert H. Burnham RE: Balboa Bay Club (BBC) Lease Option Extension Request Proposed Amendment BACKGROUND In 1996, the City and BBC entered into an agreement granting BBC an option to enter into a new 50 -year lease in connection with their proposed redevelopment of the property. The option expires June 30, 2001. BBC can exercise the option only if they (a) obtain a revised Coastal Permit; (b) provide evidence of construction financing; (c) submit final plans and obtain building permits; and (d) pay City $250,000, plus interest at 8% from June 30, 1996 to the date the option is exercised. BBC has requested a one -year extension of the option expiration date (from June 30, 2001 to June 30, 2002). This request is based on delays attributable to revisions to the design development plan and Coastal Commission processing of the revisions. Subsequent to receipt of the BBC request, the City Council authorized the City Manager, City Attorney and special counsel to negotiate the terms and conditions of a proposed one -year extension. The City Council directed staff and special counsel to develop a proposal that would give BBC an additional and substantial financial incentive to exercise the option and commence redevelopment of the property as soon as possible. PROPOSAL The following is a summary of the proposal submitted for City Council approval: 1. BBC would pay the City $100,000 (First Payment) on April 1, 2000. All of the First Payment would be a credit against the rent due after completion of all improvements in the redevelopment plan (Rent Credit) if BBC exercises the option on or before June 30, 2001. If the option is exercised after that date, BBC would receive a rent credit equal to $5,000 per month for each full month during the period from the date of exercise to expiration (June 30 2002); 2. BBC would pay the City $5,000 per month from June 30, 2000 until the option is exercised (Second Payment). The entire Second Payment would be a Rent Credit if BBC exercises the option on or before June 30.2001. BBC would be entitled to a Rent Credit of $2,500 for each payment made after June 30, 2001 if the option is exercised after June 30, 2001. 3. BBC would pay the City $20,000 per month from July 1, 2001 until the option is exercised (Third Payment). BBC would not be entitled to any Rent Credit for the Third Payment(s). 4. City would retain all payments if BBC fails to exercise the option on or before June 30, 2002. All these payments are in addition to the existing consideration ($250,000 plus interest at 8% from June 30). The other terms and conditions of the option agreement remain the same. Staff and special counsel are recommending the City Council authorize preparation of a formal amendment to the option to lease consistent with the proposal and authorize execution of the proposed amendment by the Mayor. IERT H. BURNHAM Attorney