HomeMy WebLinkAboutC-7306-1 - Beacon Bay, 52 - - Assignment to LeaseAGREEMENT TO LEASE
THIS AGREEMENT TO LEASE, made and entered into on
the, I day ofrce- ,-'1981, by and between the CITY OF NEWPORT
BEACH, a chartered municipal corporation, hereinafter "City,"
and MJL,,UKFt7 A__0 l ; Thereinafter
"Sublessee."
DLIel T T AT C
A. City holds title to and is the owner of certain
harbor frontage and tidelands, together with certain uplands
abutting thereon known as Beacon Bay and more particularly
described in Exhibit "1" attached hereto and made a part hereof
by this reference.
B. Carroll B. Beek, Barton Beek, Joseph Allan Beek,
Jr., and Seymour Beek jointly hold a Master Lease to said proper-
ty dated January 9, 1950, which Master Lease expires on December
31, 1987.
C. The "Westerly Portion" of the Beacon Bay property
has been divided into individual lots and subleased for
residential purposes.
D. All of said subleases expire on the same date as
the Master Lease, to wit: December 31, 1987.
E. City believes it to be in the best interest and
welfare of City: (1) that the portion of Beacon Bay which is
currently leased for residential purposes remain residential in
character; and (2) to enter into new agreements to lease with
the sublessees under the terms, conditions and for the considera-
tion as hereinafter set forth.
F. It is the judgment of City that the leasing of the
property hereinafter described is consistent with the trust pur-
poses imposed upon such portions of the leased land which may
1
constitute tidelands as authorized by Chapter 74, Statutes of
1978.
G. It is further the judgment of City that in entering
into this Agreement to Lease in the future, City is acting pur-
suant to its proprietary powers.
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING
RECITALS AND THE MUTUAL COVENANTS set forth below, City and Sub-
lessee hereby agree as follows:
1. City hereby agrees to lease to Sublessee and Sub-
lessee hereby agrees to lease from City the real property
described in Exhibit "2" attached hereto and by this reference
made a part hereof (hereinafter the "Leased Land") pursuant to a
lease substantially in the form of Lease which is attached hereto
marked Exhibit "C" and by this reference made a part hereof, and
under the terms and conditions as set forth below.
2. In consideration of City's agreement to lease to
Sublessee hereunder, Sublessee agrees to pay to City on the lst
day of each month following the date of this Agreement and on the
lst day of each month thereafter through the lst day of December,
1987, a sum determined by subtracting from the fair market rental
value of rJ. A (annualized) on July 1, 1981
(the "Effective Date"), the payments made by Sublessee under a
sublease on the Leased Land to the Master Lessee of Beacon Bay
described in Paragraph A of the Recitals above.
3. The Base Rental under Paragraph 3 of the Lease,
Exhibit "C" attached hereto, shall be the fair market rental
value of the land on the Effective Date subject to adjustment of
the base rental, hereafter "Adjusted Base Rental", as set forth
in paragraphs 4 or 5 hereof.
PA
') W
4. Should any Sublessee not execute this Agreement on
or prior to the Effective Date, but execute this Agreement after
Effective Date and prior to December 31, 1987, the rental sum to
be used in paragraph 2 hereof and the Base Rental under Paragraph
3 of the Lease, Exhibit "C" attached hereto, shall be the total
of the fair market rental value of the land as established by the
Appraisal Report prepared by George Hamilton Jones, M.A.I., dated
November 5, 1980, plus an amount equal to the L.A. - Long Beach
Consumer Price Index (C.P.I.) increase, from July 1, 1981 to the
date of execution, or 1% per month increase from July 1, 1981,
whichever is greater, plus an amount equal to the increase in
rental value change due to the reduced lease advantage, as of the
date of execution, as set forth in the effective rental value
change sheet attached hereto as Exhibit "D", said total rental
rate shall be referred to as Adjusted Base Rental. The different
Adjusted Base Rental provided for in this paragraph is imposed
unilaterally by the City out of what is deemed to be fair and
equitable to those Sublessees who choose to enter into this
Agreement on its Effective Date. Said difference in Adjusted
Base Rentals is in no manner to be considered a penalty but
moreover a procedure developed solely by City to provide the
incentive to enter into this Agreement of Lease at the earliest
date possible. Commencing January 1, 1988 City is under no
obligation to enter into this Agreement or a Lease in the form of
Exhibit "C" attached hereto with any sublessee who has not
executed this Agreement and shall be free to deal with respect to
the lease of any unleased portions of Beacon Bay on any terms and
conditions it deems fit, either with third parties or prior
sublessees.
5. Sublessee may sell, assign, exchange or convey his
interest in this Agreement without prior written consent of the
City, provided that upon any such transfer the provisions of
3
Section 4 of the Lease Exhibit "C" attached hereto, shall
determine the amounts to be paid by assignee to City, and further
provided that the assignee execute an acceptance of the
assignment and an agreement to be bound by all the terms of this
Agreement and to make the payments provided for hereunder which
Assignment and acceptance shall be delivered to and accepted by
City. Upon such assignment and acceptance, Sublessee shall be
released of any further obligation and liabilities under this
Agreement to Lease.
6. The parties agree to execute the Lease, Exhibit "C"
hereto, during the month of December, 1987 and concurrently
therewith to execute and record a short form memorandum thereof.
7. Time and each of the terms, covenants and
conditions hereof are expressly made the essence of this
Agreement.
If Sublessee shall fail to comply with any of the
terms, covenants or conditions of this Agreement, including
making the payments provided for herein at the time and in the
amount herein required, and shall fail to remedy such default
within sixty (60) days and thereafter diligently prosecute the
same to completion, or if a Sublessee shall abandon or vacate the
Leased Land, City may, at its option and without further demand,
terminate this Agreement. Upon service by City on Sublessee of
Notice of Termination of this Agreement to Lease, notice being
given in the same manner as provided in paragraph 19 of the Lease
appended hereto as Exhibit "C" this Agreement to Lease shall be
terminated as to Sublessee and City's obligation to enter into
the Lease appended hereto as Exhibit "C" is likewise terminated
and City is under no obligation whatsoever to enter into said
Lease with Sublessee.
In addition to termination of this Agreement to
Lease, City may recover from Sublessee all damages incurred by
4
City by reason of said breach, including, without limitation, any
payments due and owing from Sublessee to City and any other costs
due and owing from Sublessee to City at the date of termination
of this Agreement to Lease.
Should either City or Sublessee be required to
employ counsel to enforce the terms, conditions and covenants of
this Agreement to Lease, the prevailing party shall recover all
reasonable attorney's fees (and court costs if applicable)
incurred therein whether or not court proceedings were commenced.
8. Sublessee agrees that he will hold and save City,
its officers, agents and employees harmless from any and all
claims or demands of any kind or nature whatsoever arising out
of, or incident to, the use and occupancy of the Leased Land, and
to indemnify City for any cost, liability or expense caused by or
arising out of any injury or death of persons or damage to
property which may occur upon or about the Leased Land or caused
by or arising out of any activities or omission of Sublessee, his
agents, employees, licensees, and/or invitees, including, without
limitation, injury or death of Sublessee, his agents, employees,
licensees and invitees and damage to his property or Sublessee's
property; except for any damage or injury of any kind arising
out of the negligence of City, its agents or employees.
9. Each and every covenant, condition and agreement
hereof, in accordance with the context, shall inure to the
benefit of City and apply to and bind Sublessee, their respective
heirs, legatees, devisees, executors, administrators, successors,
assigns, licensees, permittees, or any person who may come into
possession or occupancy of the Leased Land, or any part thereof
in any manner whatsoever.
5
IN WITNESS WHEREOF, the parties have caused this Agree-
ment to Lease to be executed on the date first above written.
CITY OF NEWPORT BEACH
ATTEST:
i 4
City Clerk
APPROVED AS TO FORM:
ity Attorney
Sublessee
5-4-81
r
EXHIBIT "1"
LEGAL DESCRIPTION OF BEACON BAY
A parcel of land situated in the Northwest quarter of Section 35,
Township 6 South, Range 10 West, S. B. B. & M., Orange County,
California, more particularly described as follows, to wit:
Beginning at the United States Bulkhead Station No. 200, as shown
upon a map entitled "Harbor Lines, Newport Bay Harbor, California,"
approved May 2, 1936, by the Secretary of War and on file in the
office of the United States District Engineer at Los Angeles,
California; running thence West along the United States Bulkhead
line 147.50 feet to United States Station No. 137; thence North
39048' West along said Bulkhead line 535.53 feet; thence North
23057'30" East 126.34 feet to an angle point in the ordinary high
tide line of the Pacific Ocean in Newport Bay, as described in
Court Case No. 24026 of the Superior Court of the State of California,
in and for the County of Orange; thence South 39048' East along said
ordinary high tide line 334.47 feet to the most Westerly corner of
that certain parcel of land conveyed to the City of Newport Beach
by The Irvine Company, as described in deed recorded September 25,
1929, in Book 306, page 375 of Official Records of Orange County,
California; thence North 23057'30" East along the Northwesterly
line of said parcel of land 317.57 feet; thence South 71054' East
along the Northerly line of said parcel of land 290.24 feet; thence
South 85043' East along the Northerly line of said parcel of land,
said Northerly line being the Southerly line of Bayside Drive,
606.01 feet; thence South 424.71 feet to a point in the United
States Government Bulkhead Line between United States Stations
Nos. 101 and 200; thence West along said Bulkhead line 784.25 feet
to the point of beginning; containing approximately twelve (12)
acres.
Said parcel of land is shown on Attachment 2 for identification
purposes only and is not to be a part of this document.
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EXHIBIT "7"
Lot 52 as shown on the map filed in Book 9, Pages 42 and
43 of Record of Surveys, in the office of the County Recorder,
County of Orange, State of California.
EXHIBIT "3"
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
BEACON BAY COMMUNITY ASSOCIATION
Table of Contents
Article
I
DEFINITIONS
1 -
Architectural Committee
2 -
Articles and Bylaws
3 -
Assessments
4 -
Association
5 -
Association Rules
6 -
Board
7 -
City
8 -
Common Expenses
9 -
Common Area
10-
Covered Property
1.1-
Declarant
12-
Exhibit
13-
Member
14-
Lessee
15-
Residence
16-
Setback
II
MEMBERSHIP
1 -
Membership
2 -
Transfer
3 -
Voting Rights
4 -
Classes of Voting Membership
5 -
Approval of Members
III
COVENANT
FOR MAINTENANCE ASSESSMENTS
1 -
Creation of the Lien and Personal
Obligation of Assessments
2 -
Purpose of Assessments
3 -
Regular Assessments
4 -
Uniform Assessment
5 -
Special Assessments
5 -
No Offsets
7 -
Reserves
IV
NO3PAY14ENT OF ASSESSMENTS
-
Delinquency
-
Notice of Lien
3 -
Foreclosure Sale
(i)
2
2
2
3
3
3
3
3
4
4
4
4
4
4
4
5
0
5
5
5
5
5
L
6
6
6
6
6
6
7
7
7
8
8
IX RIGHTS OF ENJOYMENT
1 - Members' Right of Enjoyment
2 - Delegation of Use
3 - Waiver of Use
X GENERAL PROVISIONS
1 - Enforcement
2 - No Waiver
3 - Cumulative Remedies
4 - Severability
5 - Covenants to Run with the Land; Term
6 -- Heading
7 - Singular Includes Plural
8 - Attorneys' Fees
9 - Notices
10- Effect of Declaration
1=- Personal Covenant
12- Nonliability of Officials
l�- Subleases
l- Amendments
13
13
14
14
14
14
15
15
15
15
15
15
16
1.6
16
16
17
17
17
4 -
Relationship with Mortgage Liens
8
5 -
Curing of Default
9
V
ARCHITECTURAL CONTROL
9
1 -
Appointment of Architectural Committee
9
2 -
General Provisions
9
3 -
Approval and Conformity of Plans
10
4 -
Nonliability for Approval of Plans
10
VI
DUTIES AND POWERS OF THE ASSOCIATION
10
1 -
General Duties and Powers
10
2 -
General Duties of the Association
11'
3 -
General Powers of the Associationon
11
4 -
Association Rules
11
VII
REPAIR AND MAINTENANCE
12
1 --
Repair and Maintenance by Association
12
2 -
Repair and Maintenance by Lessee
12
3 -
Maintenance of'Public Utilities
12
VIII
USE
RESTRICTIONS
12
1 -
Commercial Use
12
2 -
Signs
13
3 -
Nuisance
13
4 -
Animals
13
5 -
California Vehicle Code
13
IX RIGHTS OF ENJOYMENT
1 - Members' Right of Enjoyment
2 - Delegation of Use
3 - Waiver of Use
X GENERAL PROVISIONS
1 - Enforcement
2 - No Waiver
3 - Cumulative Remedies
4 - Severability
5 - Covenants to Run with the Land; Term
6 -- Heading
7 - Singular Includes Plural
8 - Attorneys' Fees
9 - Notices
10- Effect of Declaration
1=- Personal Covenant
12- Nonliability of Officials
l�- Subleases
l- Amendments
13
13
14
14
14
14
15
15
15
15
15
15
16
1.6
16
16
17
17
17
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
BEACON BAY COMMUNITY ASSOCIATION
ORANGE COUNTY, CALIFORNIA
THIS DECLARATION is made this day of
by the City of Newport Beach
a chartered municipal corporation. Said corporation, its
successors and assigns, shall hereafter be referred to as
"Declarant."
R E C I T A L S
A. Declarant is the fee owner of the real property
described in Exhibit A to this Declaration, which shall be
the Covered Property under this Declaration. This
Declaration is being imposed by Declarant upon the Covered
Property.
B. Declarant has deemed it desirable to establish
covenants, conditions and restrictions upon the Covered
Property and each and every portion thereof, which will
constitute a general scheme for the management of the
Covered..Property, and for the use, occupancy and enjoyment
thereof, all for the purpose of enhancing and protecting
the value, desirability and attractiveness of the Covered
Property and enhancing the quality of life within the
Covered Property.
C. It is desirable for the efficient management of
the Covered Property and the preservation of the value,
desirability and attractiveness of the Covered Property to
delegate and assigned the powers of managing the Covered
Prope_t-v, maintaining and administering the Common Area
and a'7iinistering and enforcing these covenants,
condiLiors and restrictions and collecting and disbursing
funds :)�-lrsuant to the assessment and charges hereinafter
create= Ind referred to and to perform such other acts as
shall generally benefit the Covered Property to the Beacon
Bay C ',.:pity Assocation, a California nonprofit
corno_a - ion.
D. Declarant will hereafter hold title to and lease
all o` _`e- Covered Property subject to certain protective
covenail-�s, conditions and restrictions hereafter set forth.
Beacon
9/20/7°
Rev. 9/24/79
NOW, THEREFORE, Declarant hereby covenants, agrees and
declares that all of its interest as the same may from
time to time appear in the Covered Property shall be held
and conveyed subject to the following covenants,
conditions, restrictions and easements which are hereby
declared to be for the benefit of said interests in the
Covered Property, and the owners of said interests, their
successors and assigns. These covenants, conditions,
restrictions and easements shall run with said interests
and shall be binding upon all parties having or acquiring
any right or title in said interests or any part thereof,
and shall inure to the benefit of each owner thereof and
are imposed upon said interests and every part thereof as
a servitude in favor of each and every of said interests
as the dominant tenement or tenements.
ARTICLE I
DEFINITIONS
Unless the context clearly indicates otherwise, the
following terms used in this Declaration are defined as
follows:
Section 1. "Architectural Committee" shall mean and refer
to the committee or committees provided for in the Article
hereof entitled "Architectural Control".
Section 2. "Articles" and "Bylaws" shall mean and refer
to%he Articles of Incorporation and Bylaws of the
Association as the same may from time to time be duly
amended.
Section 3. "Assessments:" The following meanings shall
be given to the Assessments hereinafter defined:
"Regul-ar Assessment" shall mean the amount which is to be
Pala by each Member of the Association for Common Expenses.
"Spe _al Assessment" shall mean a charge against a
part-cular Lessee and his Residence, directly attributable
to the Lessee, to reimburse the Association for costs
ince-rd in bringing the Lessee and his Residence into
compl.ance with the provisions of this Declaration, the
Articles, Bylaws or Association Rules, or any other charge
desig7-;rated as a Special Assessment, together with
attofneys' fees and other charges payable, plus interest
thereon as provided for in this Declaration.
Beacon Bay
9/20/9
2
Rev. 9/24/79
Zl�
Section 4. "Association" shall mean and refer to Beacon
Bay Community Assocation, a nonprofit corporation,
incorporated under the laws of the State of California,
its successors and assigns.
Section 5. "Association Rules" shall mean rules adopted
by the Association pursuant to the Article hereof entitled
"Duties and Powers of the Association."
Section 6. "Board" shall mean the Board of Directors of
the Association.
Section 7. "City" shall mean and refer to the City of
Newport Beach, California, a municipal corporation of the
State of California.
Section 8. "Common Expenses" shall mean and refer to the
actual and estimated costs of:
(a) maintenance, management, operation, repair and
replacement of the Common Area, and all other areas on the
Covered Property which are maintained by the Association;
(b) maintenance by the Association of areas within
the public right-of-way of public streets in the vicinity
of the Covered Property as provided in this Declaration or
pursuant to agreements with the City;
(c) costs of management and administration of the
Association, including, but not limited to, compensation
paid by the Association to managers, accountants,
attorneys and employees;
(d) the costs of utilities, gardening and other
services which generally benefit and enhance the value and
desirability of the Community Facilities;
(e) the costs of fire, casualty, liability, workmen's
compensation and other insurance covering the Common Area;
(,) the costs of any other insurance obtained by tYie
Association;
(g) reasonable reserves as deemed appropriate by the
BcaY�;
(h) the costs of bonding of the members of the Board,
any professional managing agent or any other person
handling the funds of the Association;
Beacon. Bay
9/20/79
3 Rev. 9/24/79
�l
(i) taxes paid by the Association;
(j) amounts paid by the Association for discharge of
any lien or encumbrance levied against the Common Area or
portions thereof;
•(k) costs incurred by the Architectural Committee or
other committee established by the Board; and
(1) other expenses incurred by the Association for
any reason whatsoever in connection with the Commo: Area,
or the costs of any other item or items designated '>y this
Declaration, the Articles, Bylaws or Association Rules, or
in furtherance of the purposes of the. Association or in
the discharge of any duties or powers of the Association.
Section 9. "Common Area" shall mean all streets, beaches,
walkways, tennis courts, docks, piers, and common
landscaped areas, including but not limited to Lots A
through J inclusive as shown on Exhibit 'U".
Section 10. "Covered Property" shall mean and refer to
all the real property described on Exhibit "I".
Section 11. "Declarant" shall mean and refer to the City
of 'Newport Beach.
Section 12. "Exhibit shall mean and refer to those
documents so designated herein and attached hereto and
eac' ' of such Exhibits is by this reference incorporate<3 in
this Declaration.
Section 13. "Member"•shall
or entity who qualifies for
Article of this Declaration
Section 14. "Lessee" shall
persons or entities who are
lessees of a Residence.
mean and refer to every person
membership pursuant to the
entitled "Membership."
mean and refer to one or more
alone or collectively the
Sec":On 15. "Residence" shall mean and refer to a
nu7m—e--2c I.ot shown on the Record of Survey P2ap of Beacon
Ba; s,_,'Ddi vision recorded in Book 9, pages 42 and 43,
Recc-4s of Survey, on file in the Office of the County
Rec-i:Yd?i, Orange County, California; provided, however,
"Re ce-:ce" shall not include any Common Area.
"Ft _�� : _•- �e" shall include the residential dwelling unit
Fac y
9/2C//_
4
Rev. 9/7.4/79
together with garages, structures and other improvements
on the same lot or parcel.
Section 16. "Setback" shall mean and refer to those
internal distances from the property line of each lot as
shown on Exhibit "II',
ARTICLE II
MEMBERSHIP
Section 1 - Membership. Every Lessee shall be a Member
but there shall be only one Membership per Residence. The
term and provisions set forth in this Declaration, which
are binding -upon -all Lessees are not exclusive, as Lessees
shall, -in addition, be subject to the terms and provisions
of the Articles, Bylaws and Association Rules to the
extent the provisions thereof are not in conflict with
this Declaration.- Membership of Lessees shall be
appurtenant to and may not be separated from the interest
of such Lessee in any Residence. Ownership of a Residence
shall be the sole qualification for membership; provided,
however, a Member's voting rights may be regulated or
suspended as provided in this Declaration, the Bylaws or
the Association Rules.
Section 2 - Transfer. The membership held by any Lessee
shall not be transferred, pledged or alienated in any way,
except that such membership shall automatically be
transferred to the transferee of the interest required for
membership. Any attempt: to make a prohibited transfer is
void and will not be reflected upon the books and records
of the Association. The Association shall- have the right
to record the transfer upon the books of the Association
without any further action or consent by the transferrin
Lessee.
U
Section 3 - Voting Rights. All voting right shall be
subject to the restrictions and limitations provided
herein end in the Articles, Bylaws and Association Rules.
Section 4 - Classes of Voting Membership. The Association
sha.l? 1�aVe one (1.) class of voting membership.
Sect - L�ppr.oval of Members. Unless elsewhere
o� �r:tii specifically provided in this Declaration or the
B1'la'�s, any provision of this Declaration or the Bylaws
Be,1 L r.J iii .�
9/2-0/75
i
Rev_ 9/24/79
which requires the vote or written assent of the voting
power of the Association shall be deemed satisfied by the
following:
(a) The vote in person or by proxy of the specified
percentage at a meeting duly called and noticed pursuant
to the provisions of the Bylaws dealing with annual or
special meetings of the Members.
(b) Written consents signed by the specified
percentage of Members as provided in the Bylaws.
ARTICLE III
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1 - Creation of the Lien and Personal Obligation
of Assessments. Each Lessee is deemed to covenant and
agree to pay to the Association: Regular and Special
Assessments, such Assessments to be fixed, established and
collected from time to time as provided in this
Declaration. The Assessments, together with interest
thereon, late charges, attorneys' fees and court costs,
and other costs of collection thereof, as hereinafter
provided, shall be a continuing lien upon the Residence
against which each such Assessment is made and shall also
be the personal obligation of the Lessee of such Residence
at the time when the Assessment becomes due.
Notwithstanding the foregoing, the Assessment lien shall
not affect the priority of any other existing liens.
Section 2 - Purpose of Assessments. The Assessments
levied by the Association shall be used exclusively to
defray Common Expenses.
Section 3 - Regular Assessments. Each year the Board
shall determine the amount of the Regular Assessment to be
paid by each Member. The Regular Assessment shall be due
and payable on such dates as the Board may establish.
Each `:ember shall be sent written notice of the Regular
Assessment and shall thereafter pay the Association in
inst 11mients as established by the Board.
Sect -;,,n 4 - Uniform Assessment. Regular Assessments shall
be fi>:ed at an equal amount for each Residence.
Section 5 - Special Assessments. Special Assessments may
be 1;-viccd by the Board from time to time.
Beacon Bay
9/20/79 6 Rev. 9/24/79
r 1
L .,.
Section 6 - No Offsets. All Assessments shall be payable
in the amount specified by the Assessment and no offsets
against such amount shall be permitted for any reason,
including, without limitation, a claim that (i) the
Association is not properly exercising its duties and
powers as provided in this Declaration; or (ii) a Member
has made and elects to make no use of the Common Areas,
Section 7 - Reserves. The Regular Assessments may include
reasonable amounts as determined by the Board collected as
reserves for the future periodic maintenance, repair or
replacement of all or a portion of the Common Area, or any
other purpose as determined by the Board. All amounts
collected as reserves, whether pursuant to this Section or
otherwise, shall be deposited by the Board in a separate
bank account to be held in trust for the purposes for
which they are collected and are to be segregated from and
not commingled with any other funds of the Association.
Such reserves shall be deemed a contribution to the
capital account of the Association by the Member.
ARTICLE IV
NONPAYMENT OF ASSESSMENTS
Section 1 - Delinquency. Any assessment provided for in
this Declaration which is not paid when due shall be
delinquent on said date (the "delinquency date"). If any
such Assessment is not paid within ten (10) days after
delivery of notice of such delinquency from the
Association, a late charge as established by the Board
shall be levied and the Assessment shall bear interest
from the delinquency date at the rate of ten percent (10%)
per annum. The Association may at its option, and without
waiving the right to judicially foreclose its. lien against
the Residence, pursue any available remedies, including,
wit;lout limitation, bringing an action at law against the
Member personally obligated to pay the same, and/or upon
compliance with the notice provisions set forth in the
Secion entitled "Notice of Lien" of this Article to
fore,:-! - ose the lien against the Residence. If action is
comMenced, there shall be added to the amount of such
Assessment the late charge, interest, the costs of such
action, and attorneys' fees incurred in connection with
suc: action; and in the event a judgment is obtained, such
iii c.i,ent shall include said late charge, interest and a
re--o:iable attorney's fee, together with the costs of
actio;. Each Member vests in the Association, or its
assign3, the right and power to bring all actions at law
Beat- Bay
9/2iji79 7 Rev. 9/24/79
or lien foreclosure against such Member or other Members
for the collection of such delinquent Assessments.
Section 2 - Notice of Lien. No action shall be brought to
foreclose said Assessment lien or to proceed under the
power of sale herein provided until thirty (30) days after
the date a notice of claim of lien is deposited in the
United States mail, certified or registered, postage
prepaid, to the Lessee of said Residence, and a copy
thereof is recorded by the Association in the office of
the County Recorder of the County; said notice of claim of
lien must recite a good and sufficient legal description
of any such Residence, the record Lessee or reputed Lessee
thereof, the amount claimed which shall include interest
on the unpaid Assessment at the rate of ten percent (10%)
per annum, a J_ate charge as established by the Board, plus
reasonable attorneys' fees and expenses of collection in
connection with the debt secured by said lien, and the
name and address of the claimant.
Section 3 - Foreclosure Sale. Said Assessment lien may be
enforced by sale by the Association, its attorney or any
other person authorized by the Board to make the sale
after failure of the Lessee to make the payments specified
in the notice of claim of lien within said thirty (30) day
period. Any such sale provided for above is to be
conducted in accordance with the provisions of Sections
2924, 2924b, 2924c, 2924f, 292.4g and 2924h of the Civil
Code of the State of California as said statutes may from
time to time be amended, applicable to the exercise of
powers of sale in mortgages and deeds of trust, or in any
other manner_ permitted or provided by law. Upon the
affirmative vote of a majority of the voting power of the
Association, the Association, through its duly authorized
agents, shall have the power to bid on the Residence,
using Association funds, or funds borrowed for such
purpose, at the sale, and to acquire and hold, lease,
mortgage and convey the same.
Section 4 - Relationship with Mortqaqe Liens.
(a) The lien provided for in the Article hereof
entitle? "Nonpayment of Assessments" for the payment of
Assess:-_rnts shall be subordinate to the lien of any
Mortc.--e which was recorded prior to the date any such
Assesrr-,-,en.t becomes due.
(b) If any Residence subject to a monetary lien
creates'. ,1.7 any provision hereof shall be subject to the
lien of a Mortgage: (1) the foreclosure of any lien
creat_.: y anything set forth in this Declaration shall
Beacon �a1,
9/20/79
8 Rev. 9/24/79
not operate to affect or impair the lien of such Mortgage;
and (2) the foreclosure of the lien of said Mortgage, or
the sale under a power of sale included in such Mortgage
(such events being hereinafter referred to as "Events of
Foreclosure") shall not operate to affect or impair the
lien hereof, except that any persons who obtain an
interest through any of the Events of Foreclosure, and the
successors in interest, shall take title free of the lien
hereof or any personal obligation for said charges as
shall have accrued up to the time of any of the Events of
Foreclosure, but subject to the lien hereof for all said
charges that shall accrue subsequent to the Events of
Foreclosure.
Section 5 - Curing of Default. Upon the timely payment or
other satisfaction of: (a) all delinquent Assessments
specified in the notice of claim of lien, (b) all other
Assessments which have become due and payable with respect
to the Residence as to which such notice of claim of lien
was recorded, and (c) interest, late charges, attorneys'
fees and other costs of collection pursuant to this
Declaration and the notice of claim of lien which have
accrued, officers of the Association or any other persons
designated by the Board are hereby authorized to file or
record, as the case may be, an appropriate release of such
notice, upon payment by the defaulting Lessee of a fee, to
be determined by the Association, but not to exceed Fifty
Dollars ($50.00) to cover the costs of preparing and
filing or recording such release.
ARTICLE V
ARCHITECTURAL CONTROL
Section 1 Appointment of Architectural Committee. The
Architectural Committee shall consist of not less than
three (3 11 nor more than five (5) persons as fixed from
time to time by resolution of the Board.
The Board shall have the right to appoint the members of
the hYc.itectural Committee. Persons appointed by the
Board to the Architectural Committee, however, must be
Member.
Section 1 - General Provisions.
(a) The Architectural Committee may establish
reasor_able procedural rules and assess a fee in connection
with = =,-iew of plans and specifications including, without
limitaticn, the number of sets of plans to be submitted;
Beacon E�,
9/20/79 r 9 Rev. 9/24/79
however, the Architectural Committee may delegate its plan
review responsibilites to one or more members of such
Architectural Committee. Upon such delegation, the
approval or disapproval of plans and specifications by
such persons shall be equivalent to approval or
disapproval by the entire Architectural Committee.
(b) In the event the Architectural Committee fails to
approve or disapprove such plans and specifications within
thirty (30) days after the same have been submitted in
accordance with any rules regarding such submission
adopted by the Architectural Committee, such plans and
specifications will be deemed approved.
(c) Nothing in this Declaration or in the
Association's Articles, Bylaws or Rules shall be construed
or amended to allow the Architectural Committee to modify
or eliminate the Setback requirements shown on the Beacon
Bay Subdivision Survey Map, and any attempt to do so shall
have no effect.
Section 3 - Approval and Conformity of Plans. No
building, fence wall or other structure shall be
commenced, erected or maintained upon the Covered
Property, nor shall there be any addition to or change to
the exterior of any Residence, structure or other
improvement except in compliance with plans and
specifications therefor which have been submitted to and
approved by the Architectural Committee as to harmony of
external design and location in relation to surrounding
structures and topography.
Section 4 - Nonliability for Approval of Plans. Plans and
specifications shall be approved by the Architectural
Committee as to style, exterior design, appearance and
location, and are not approved for engineering design or
for can vliance with zoning and building ordinances, and by
approving such plans and specifications neither the
Architectural Committee, the members thereof, the
Association, the Members, the Board nor Declarant assumes
liability or responsibility therefor, or for any defect in
any str cture constructed from such plans and
specifi ca�ions.
ARTICLE VI
DUTIES AND POWERS OF THE ASSOCIATION
Section 1 - General Duties and Powers. In addition to the
duties -_1 powers enumerated in its Articles and Bylaws,
Beacon Bay
9/20/79 10 Rev. 9/24/79
or.elsewhere provided for herein, and without limiting the
generality thereof, the Association shall have the
specific duties and powers specified in this Article.
Section 2 - General Duties of the Association. The
Association through the Board shall have the duty and
obligation to:
(a) enforce the provisions of this Declaration, the
Articles, Bylaws, and Association Rules, by appropriate
means and carry out the obligations of the Association
hereunder;
(b) maintain and otherwise manage the Common Area;
(c) pay any real and personal property taxes and
other charges assessed to or payable by the Association;
and
(d) obtain and continue in effect during the term of
of the lease, in its own name a comprehensive policy of public
liability insurance proving coverage for the common area, and
a policy of fire and casualty insurance with coverage as the
Board deems appropriate.
Section 3 - General Powers of the Association. The
Association through the Board shall have the power but not
the obligation to:
(a) employ a manager or other persons and contract
with independent contractors or managing agents to perform
all or any part of the duties and responsibilities of the
Association;
(b) borrow money as may be needed in connection with
the discharge of the Association's powers and duties; and
(c) establish and maintain a working capital and
coati --.cy fund in an amount to be determined by the
Board. Ezaid fund shall be used by the Board as it deems
fit to carry out the objectives and purposes of the
Asst_ __. _on.
a --';=_ Assc_c� + ,
L Ru]_ea. The Board shall have the
Sec,.-
=.-?opt, am,end, and repeal such rules and
as it deems reasonable (the "Association
Rule: " In t:n-- e-1 -nt of any conflict between any such
.ule7 and any other provisions of this
D -,-:_:)n, o:. e Articles or i3ylacos, the provisions of
ti1e:. at .. Rules shall_ he deemed to be superseded by
the _ s.on of this Declaration, the Articles or the
ByI_Gws, the extent of any such conflict.
13e�icu::
Rev. 9/24,/79
5/4/81
f J
ARTICLE VII
REPAIR AND MAINTENANCE
Section 1 - Repair and Maintenance by Association. The
Association shall have the duty to:
(a) maintain, repair, restore, replace and make
necessary improvements to the Common Area;
(b) maintain all other facilities, equipment,
services or aesthetic components of whatsoever nature as
may from time to time be requested by the vote or written
consent of a majority of the voting power of the Members;
(c) pay out of the general funds of the Association
the costs of any maintenance and repair made.pursuant to
this section, except as otherwise herein specified as
payable by particular Lessees.
Section 2 -_Repair and Maintenance by Lessee. Except as
the Association shall be obligated to maintain and repair
as may be provided in this Declaration, every Lessee shall:
(a) maintain all portions of the exterior of his
Residence, including without limitation, the walls, fences
and roof of such Residence in good condition and repair;
and
(b) install and thereafter maintain in attractive
condition yard landscaping in accordance with the
provisions of this Article.
Section_ 3 - Maintenance of Public Utilities. Nothing
contained herein shall require or obligate the Association
to maintain, replace or restore the underground facilities
or public utilities which are located within easements in
the Ce:,non Area owned by such public utilities. However,
the Association shall take such steps as are necessary or
convenient to ensure that such facilities are properly
maintained, replaced or restored by such public utilities.
ARTICLE VIII
USE RESTRICTIONS
Sectio 1 - Commercial Use. No part of a Residence shall
be used `or any business, commercial, or nonresidential
purposes.
Beacon. ,
9/20/79
12
Rev. 9/24/79
Section 2 - Signs. No sign or billboard of any kind shall
be displayed to the public view on any portion of the
Covered Property; provided, however, that a Member may
display on his Residence, a sign advertising its sale or
lease so long as such sign shall comply with any customary
and reasonable standards promulgated by the Board.
Section 3 - Nuisance. No noxious or offensive activity
shall be carried on upon any Residence, or any part of the
Covered Property nor shall anything be done thereon which
may be, or may become an annoyance or nuisance to the
neighborhood, or which shall in any way interfere with the
quiet enjoyment of each of the Lessees of his respective
Residence.
Section 4 - Animals. No animals, livestock or poultry of
any kind shall be raised, bred or kept upon the Covered
Property, except that dogs, cats or other household pets
may be kept on the Residences, provided they are not kept,
bred or maintained for any commercial purpose, or in
numbers deemed unreasonable by the Board.
Notwithstanding the foregoing, no animals or fowl may be
kept on the Residences which in the good faith judgment of
the Board or a committee selected by the Board for this
purpose, result in any annoyance or are obnoxious to
residents in the vicinity. All animals except cats
permitted to be kept by this Section shall be kept on a
leash when on any portion of the Covered Property except
within a Residence.
Section 5 - California Vehicle Code. The City may be
allowed to impose and enforce all provisions of the
applicable California Vehicle Code sections on any private
streets within the Covered Property.
ARTICLE IX
RIGHTS OF ENJOYMENT
Section_ 1 —Members' Right of Enjoyment. Every Member
shall have nonexclusive easement for use and enjoyment in
and to the Common Area and such right shall be appurtenant
to and shall pass with the interest required to be a
Lessee to every Residence, subject to all of the
ease'ents, covenants, conditions, restrictions and other
provisions contained in this Declaration, including,
without limitation, the following provisions:
Beacon Bav
9/20/79 13 Rev. 9/2.4/79
(a) The right of the Association to limit the number
of guests of Members and to limit the use of the Common
Area by persons not in possession of a Residence, but
owning a portion of the interest in a Residence required
for membership.
(b) The right of the Association to establish
reasonable rules and regulations pertaining to the use of
the Common Area.
Section 2 - Delegation of Use. Any Member may delegate
his right of enjoyment to the Common Areas to the members
of his family or his tenants -who reside on his Residence,
or to his guests, subject to the rules and regulations
adopted by the Board. In the event and for so long as a
Lessee delegates said rights of enjoyment to his tenants,
said Lessee shall not be entitled to said rights unless
both he and the tenant reside on the Residence in separate
dwelling units which conform to all applicable municipal
laws and regulations.
Section 3 - Waiver of Use. No member may exempt himself
from personal liability for assessments duly levied by the
Association, or release the Residence owned by him from
the liens, charges and other provisions of this
Declaration, the Articles, Bylaws and Association Rules,
by waiver of the use and enjoyment of the Common Area, or
the abandonment of his Residence.
ARTICLE X
GENERAL PROVISIONS
Section 1 - Enforcement. The Association, or any Lessee,
shall have the right to enforce by proceedings at law or
in equity, all restrictions, conditions, covenants and
reserva`ions, now or hereafter imposed by the provisions
of this Declaration or any amendment thereto, including
the right to prevent the violation of such restrictions,
conditions, covenants, or reservations and the right to
recover damages or other dues for such violation. The
Association or any Lessee shall also have the right to
enforce proceedings at law or in equity the provisions
of the Articles or Bylaws and any amendments thereto.
With resoect to architectural control and Association
Rules, the Association shall have the exclusive right to
the enF-rcement thereof unless the Association refuses or
is unable to effectuate such enforcement, in which case
any Lessee who otherwise has standing shall have the right
to =2ertahe such enforcement. With respect to Assessment
Beacon 8.av
9/20/79 14 Rev. 9/24/79
Liens, the Association shall have the exclusive right to
the enforcement thereof.
Section 2 - No Waiver. Failure by the Association or by
any Member to enforce any covenant, condition, or
restriction herein contained, or the Articles, Bylaws or
Association Rules, in any certain instance or on any
particular occasion shall not be deemed a waiver of such
right on any such future breach of the same or any other
covenant, condition or restriction.
Section 3 - Cumulative Remedies. All rights, options and
remedies of Declarant, the Association, or the Lessees
under this Declaration are cumulative, and no one of them
shall be exclusive of any other, and Declarant, the
Association, and the Lessees shall have the right to
pursue any one or all of such rights, options and remedies
or any other remedy or relief which may be provided by
law, whether or not stated in this Declaration.
Section 4 - Severability. Invalidation of any one or a
portion of these covenants, conditions or restrictions by
judgment or court order shall in no way affect any other
provisions which shall remain in full force and effect.
Section 5 - Covenants to Run with the Land; Term. The
covenants, conditions and restrictions of this Declaration
shall run with and bind the Covered Property and shall
inure to the benefit of and be enforceable by the
Association or any Lessee, their respective legal
representatives, heirs, successors and assigns, for a term
of twenty five (25) years from the date this Declaration
is recorded, after which time said covenants, conditions
and restrictions shall be automatically extended for
successive periods of ten (10) years, unless an
instrument, signed by the Declarant and a majority of the
then Lessees, has been recorded at least one (1) year
prior to the end of any such period, agreeing to change
said covenants, conditions and restrictions in whole or in
part.
Section o -_Heading. The Article and Section headings
have been inserted for convenience only, and shall not be
considered or referred to in resolving questions of
interpretation or construction.
Section. 7 - Singular Includes Plural. Whenever the
content o this Declaration requires same, the singular
shall include the plural and the masculine shall include
the f_emninine and the neuter.
Beacon. Bav
9/20/79
15 Rev. 9/24/79
Section 8 - Attorneys' Fees. In the event action is
instituted to enforce any of the provisions contained in
this Declaration, the party prevailing in such action
shall be entitled to recover from the other party thereto
as part of the judgment, reasonable attorneys' fees and
costs of such suit.
Section 9 - Notices. Any notice to be given hereunder
shall -be in writing and may be delivered as follows:
(a) Notice to a Lessee shall be deemed to have been
properly delivered when delivered to the Lessee's
Residence, or placed in the first class United States
mail, postage prepaid, to the most recent address
furnished by such Lessee in writing to the Association for
the purpose of giving notice, or if no such address shall
have been furnished, then to the street address of such
Lessee's Residence. Any notice so deposited in the mail
within the City shall be deemed delivered forty-eight (48)
hours after such deposit. In the case of co -Lessees any
such notice may be delivered or sent to any one of the
co -Lessees on behalf of all co -Lessees and shall be deemed
delivery on all such co -Lessees.
(b) Notice to the Association shall be deemed to have
been properly delivered when placed in the first class
United States mail, postage prepaid, to the address
furnished by the Association or the address of its
principal place of business.
(c) The affidavit of an officer or authorized agent
of the Association declaring under penalty of perjury that
a notice has been mailed to any Lessee or Lessees, or to
all Members, to the address or addresses shown on the
records of the Association, shall be deemed conclusive
proof of such mailing, whether or not such notices are
actually received.
Section 10 - Effect of Declaration. This Declaration is
made for the purposes set forth in the Recitals to this
Declaration and Declarant makes no warranties or
representations, express or implied as to the binding
effect or enforceability of all or any portion of this
Declaration, or as to the compliance of any of these
Provisions with public laws, ordinances and regulations
applicable thereto.
Section 11 - Personal
Covenant. To the extent the
acceptance or conveyance of a Residence creates a personal
covenant between the Lessee of such Residence and
Declara-t or other Lessees, such personal covenant shall
Beacon 3v
9/20/79 16 Rev. 9/24/79
terminate and be of no further force or effect from or
after the date when a person or entity ceases to be an
Lessee except to the extent this Declaration may provide
otherwise with respect to the payment of money to the
Association.
Section 12 - Nonliability of Officials. To the fullest
extent permitted by law, neither the Board, the
Architectural Committee, and other committees of the
Association or any member of such Board or committee shall
be liable to any Member or the Association for any damage,
loss or prejudice suffered or claimed on account of any
decision, approval or disapproval of plans or
specifications (whether or not defective), course of
action, act, omission, error, negligence or the like made
in good faith within which such Board, committees or
persons reasonably believed to be the scope of their
duties.
Section 13 - Subleases. Any agreement for the subleasing
or rental of Residence (hereinafter in this Section
referred to as a "lease") shall provide that the terms of
such lease shall be subject in all respects to the
provisions of this Declaration, the Articles, the Bylaws
and the Association Rules. Said lease shall further
provide that any failure by the lessee thereunder to
comply with the terms of the foregoing documents shall be
a default under the lease. All leases shall be in
writing. Any Lessee who shall lease his Residence shall
be responsible for assuring compliance by such Lessee's
lessee with this Declaration, the Articles, the Bylaws and
the Association Rules.
Section 14 - Amendments. Subject to the other provisions
of this Declaration, this Declaration may be amended as
follows:
(a) Any amendment or modification of the Articles
hereof entitled "Covenant for Maintenance Assessments,"
"Nonpayment of Assessments," "Architectural Control," and
"Repair and Maintenance," or of this Section shall require
the affirmative vote or written approval of not less than
sixty percent (60%) of the Members.
(b) Any amendment or modification of any Article
other thin those specified in subparagraph (a) above shall
require the affirmative vote or written approval of a
major i tv of the memlo yrs.
(c) An amendment or modification that requires the
vote and :Yritten assent of the Members as hereinabove
Beacon Bad
9/20/79 17 Rev. 9/24/79
i�\
'' I
provided shall be effective when executed by the President
and Secretary of the Association who shall certify that
the amendment or modification has been approved as
hereinabove provided, and when recorded in the Official
Records of the County. The notarized signatures of the
Members shall not be required to effectuate an Amendment
of this Declaration.
(d) Notwithstanding the foregoing, any provision of
this Declaration, or the Articles, Bylaws or Association
Rules which expressly requires the approval of a specified
percentage of the voting power of the Association for
action to be taken under said provision can be amended
only with the affirmative vote or written assent of not
less than the same percentage of the Voting Power of the
Association.
IN WITNESS WHEREOF, Declarant has executed this
instrument the day and year first herein above written.
ATTEST:
City Clerk
APPROVED AS TO FOP14:
City Attorney
Beacon Ba%
9/20/79
CITY OF NEWPORT BEACH,
a chartered municipal corporation
By:
Mayor
18 Rev. 9/24/79
I
STATE OF
ss.
COUNTY OF
On , 19—, before me the undersigned, a
Notary Public in and for said State, personally
appeared , known to me to be
the of the corporation that
executed the within Instrument, known to me to be the person who
executed the within Instrument on behalf of the corporation
therein named, and acknowledged to me that such corporation
executed the within instrument pursuant to its bylaws or a
resolution of its board of directors.
WITNESS my hand and official seal.
[Seal]
Beacon B y
9/20/79
032381
Notary Public
19 Rev. 9/24/79
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EXHIBIT "D"
2 of 2 Pages
RESOLUTION NO. 10040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH APPROVING AN AGREEMENT TO
LEASE AND LEASE OF BEACON BAY RESIDENTIAL LOTS
AND AGREEMENT TO LEASE AND LEASE OF BEACON BAY
COMMON AREA CONSISTENT WITH CHAPTER 74,
STATUTES OF 1978 AND THE CHARTER OF THE CITY
OF NEWPORT BEACH
WHEREAS, the City owns certain tidelands and uplands in
an area known as Beacon Bay; and
WHEREAS, on January 9, 1950 City entered into a master
lease to said property with Carroll B. Beek, Barton Beek, Joseph
Allan Beek, Jr. and Seymour Beek jointly, which master lease
expires on December 31, 1987; and
WHEREAS, the westerly portion of the Beacon Bay
property has been divided into individual lots and sublet for
residential purposes; and
WHEREAS, all said subleases will expire on the same
date as the master lease, December 31, 1987; and
WHEREAS, the City Council finds it to be in the public
interest and the welfare of the City that the portion of Beacon
Bay which is currently leased for residential purposes remain
residental in character and that to enter into new agreements to
lease with the sublessees under terms and conditions set forth in
the Agreement to Lease and Lease is in the public interest; and
WHEREAS, the City Council finds that it is in the best
interest and welfare of the City that the streets, walkways,
MJ
common areas, landscaped areas, beaches and other areas presently
leased to the Beacon Bay Community Association should remain in
said status in consideration of the Beacon Bay Community
Association maintaining said areas at .no expense to the City and
further providing that the areas designated as tidelands within
said leased area remain open, available and accessible to the
public; and
WHEREAS, Chapter 74, Statutes of 1978 permits the
leasing of the residential lots in Beacon Bay which are located
on tidelands; and
WHEREAS, said Statute provides that the maximum term of
leases of residential lots in Beacon Bay located on tidelands
shall not exceed fifty years; and
WHEREAS, Section 1402 of the Charter of the City of
Newport Beach permits the leasing and re-leasing of water front
property, provided the property was under lease as of January 11,
1957, the date of adoption of said provision of the Charter of
the City of Newport Beach; and
WHEREAS, the City Council hereby finds that the maximum
lease term for the residential lots in Beacon Bay shall not
exceed twenty-five years for the following reasons:
A. Section 420 of the Charter of the City of Newport
Beach prohibits the City entering into a lease in excess of
twenty-five years without voter approval.
B. The City Council finds it undesirable to commit the
residential portion of Beacon Bay to residential use for a period
longer than twenty-five years. At the termination of a twenty-
five year lease renewal, the City Council of the City of Newport
2
r
Beach will be given another opportunity to determine whether or
not residential uses on that property are appropriate or whether
other uses are more appropriate. A lease term longer than
twenty-five years would be an excessive commitment for this
particular residential use of tidelands and uplands property
owned by the City of Newport Beach.
C. The extension of the residential lease term beyond
twenty-five years would provide very little financial advantage
to the City. An analysis of rental values has shown that a 35
year Lease will only increase the rental by 12.4% per annum.
Therefore, the modest increase in lease payments to the City do
not offset the disadvantage of committing the land to residential
uses for a period longer than twenty-five years; and
WHEREAS, the City Council hereby finds and determines
that the leasing of the subject property is an act by the City of
Newport Beach in its proprietary capacity and further that the
execution of the Agreements to Lease the respective residential
lots and the common areas in the westerly portion of Beacon Bay
binds the City of Newport Beach to execute the Leases of said
properties in December, 1987, and said execution of said Leases
by and on behalf of the City of Newport Beach constitutes a
ministerial act and a furtherance of the obligation of the City
of Newport Beach hereby created.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that pursuant to the recitals
hereinabove set forth, the Charter of the City of Newport Beach
and Chapter 74, Statutes of 1978, the form of Agreement to Lease
and Lease of the residential lots in Beacon Bay, respectively
attached hereto, be and they are hereby approved.
3
BE IT FURTHER RESOLVED that the Agreement to Lease and
Lease of the Common Area of Beacon Bay, respectively attached
hereto, be and they are hereby approved.
BE IT FURTHER RESOLVED that the Mayor and City Clerk
are hereby authorized and directed to execute each individual
Agreement to Lease the respective residential lots in the
westerly portion of the Beacon Bay property and the common areas
in the western portion of the Beacon Bay property and that the
Mayor and City Clerk of the City of Newport Beach are further
authorized and directed to execute said Lease for the respective
residential lots in the westerly portion of the Beacon Bay
property and the common areas of the western portion of the
Beacon Bay property during the month of December, 1987, provided
that the Sublessees and the Beacon Bay Community Association and
their heirs, devisees, and assigns, as the case might be, have
fully performed and executed their obligation under said
Agreements to Lease.
ADOPTED this llthday of May , 1981.
a0 yo
ATTEST:
City Clerk
I, WANDA E. ANDERSEN, City Clerk, do
hereby certify the foregoing to be a
full, true and correct copy of Resolution
No. 10040 adopted by the City Council at
their regular meeting held May 11, 1981.
City Clerk