HomeMy WebLinkAboutC-519(B) - Governmental Lease for Dock No. 4 and Garage No. 4 for Mooring Aircraft Rescue BoatsNAVDOCKS- 211 REV. 2.47
Appropriation: 1791502.003 Aviation Navy 1949, Expend.Acct.
99309, Object Classification 051, Acct. 32000.
Requisition: Aer EN11-7000-PW-49
RENEWAL OF GOVERN LEASE
You are hereby notified that under the provisions of
Paragraph 5 of Government lease:
NOy(R)--39964 with the City of Newport Beach,
Calif., Lessor d. 5/l/47 -covering Dock #4 and
Garage #4, Newport Beach, Calif., for Mooring
Aircraft Rescue Boats.
L5 -93 -NB
the United States of America elects to renew the said
lease, as the same may have been amended, for the period
of one year from and after June 30, 194$ and by these
presents does renew, extend, and adopt the said lease
and all the terms and conditions thereof for the period
beginning July 1, 194E, and ending, June 30, 1914 9
Dated at Washington, D. C'.,
23
/SPF, 1948
1914. .
THE
UNITED
STATES OF
AMERICA,
By Jack E. Cochran
By direction of the Chief of the
Bureau of Yards and Docks, acting
under the direction of the Secre-
tary of the Navy.
The Mayor
City of Newport Beach
Newport Beach, Calif.
NOTE: Please acknowledge receipt of this notice.
74 14 2
Appro: 1771502.003 A -tion Navy 1947 Expend. .,c_ #99309, Obj. Class
R#,,qn: BuAer EN11-24245-47. 051.
.All public Bills for payment under this
Contract should include a reference to
No. NOy (R) -39964.
LEASE
BETWEEN
CITY OF NEWPORT BEACH, CALIFORNIA
AND
THE UNITED STATES OF AMERICA
1, THIS LEASE, made and entered into this First day of May,
in the year one thousand nine hundred and forty-seven, by and between
CITY OF NEWPORT BEACH, CALIFORNIA,
whose address is Newport Beach, California,
for itself, its successors, and assigns, hereinafter called the Lessor,
and THE UNITED STATES OF AMERICA, hereinafter called the Government:
VVITNESSETH: The parties hereto for the considerations hereinafter
mentioned covenant and agree as follows:
2. The Lessor hereby leases to the Government the following
described premises, viz:
Property known as Docks No. 4 and Garage No. 4, City
of Newport Beach, California, as shown on drawing
attached hereto and made a part hereof, until such
time as finger pier at Station 20 +55 referred to,
and westerly from U.S. Bulkhead Station 130, and as
shown on Drawing No. 60-1267 on file in the office
of the City Engineer of said City, together with
Slip No. 5 as shown on said drawing are in suitable
condition for occupancy, at which time said finger
pier, slip and one unit of appurtenant garage
22' x 40' shall constitute the premises covered by
this lease.
to be used exclusively for the following purposes (see instruction No.3):
Mooring Aircraft Rescue Boats.
3. TO HAVE AND TO HOLD the said premises with their appurtenances
for the terra beinning May 1, 1946, and ending with June 30th, 1948,
unless sooner terminated as hereinafter provided.
4. The Government shall not assign t;';.is lease in any event, and
shall not sublet the demised premises except to a desirable tenant,
and for a similar purpose, and will not permit the use of said premises
by anyone other than the Government, such sublessee, and the agents
and servants of:' the Governments or of such sublessee.
5. This lease may, at the option of the Government, be renewed
from year to year at a rental of Twelve Hundred Dollars ( P'1, 200.00 )
per annum,
and otherwise upon the terms and conditions herein specified, provided
notice be given in writing to the Lessor at least sixty (60) days
before this lease or any renewal thereof would otherwise expire:
Provided that no renewal thereof shall oxtend the period of occupancy
of the premises beyond the 50th day of dune, 1951.
6. The Lessor shall furnish to the Government, during the occupancy
of said premises, under the terms of this lease, as part of t;he rental
consideration, the following:
The City shall maintain said pier and mooring
facilities and the garage in connection therewith in
a good state of repair, reasonable wear and tear
thereof excepted and damages by the elements and
other unforeseen casualties excepted.
7. The Government shall pay the Lessor for the premises rent at
the following rate:
Twelve hundred Dollars (�p
'Tlt200.00) per annum.
Payment shall be made at the end of each quarter, upon presentation
by Lessor of duly certified :Invoices to the C$omdg. Officer, Utility
Squadron 8, Service Force Pacific 10leet.
B. The Government shall have the right, during the existence of
this lease, to make alterations, attach fixtures, and erect additions,
structures, or signs, in or upon the premises hereby leased (provided
such alterations, additions, structures, or signs shall not be detri-
mental to or inconsistent: with the rights granted to other tenants on
the property or in the building in which said premises are located);
which fixtures, additions, or structures so placed in or upon or
attached to the said premises shall be and remain the property of the
Government and may be removed therefrom by the Government prior to
the termination of this lease, and the Government, if required by the
Lessor, shall, before the expiration of this lease )r renewal thereof,
restore the premises to the same condition as that existing at the
time of entering upon the same under this lease, reasonable and
ordinary wear and tear and damages by the elements or by circumstances
over which the Government has no control, excepted: F rovIded, however,
that if' the Lessor requires such restoration, the Lessor shall give
written notice thereof to the Government (twenty) 20 days before the
termination of the lease.
9. The Lessor shall, unless herein specified to the contrary,
maintain the said premises in good repair and tenantable condition
during the continuance of this lease, except in case of damage arising
-2-
from. the act or the negligence of the Government's agents or employees.
For the purpose of so ma.intal.ni.ng the premises, the Lessor reserves the
right at reasonable times to enter and inspect the premises and to make
any necessary repairs thereto.
10. If the said premises be destroyed by fire or other casualty
this leash shall immediately terml.zate. In case of partial destruction
or damage, so as to render the preritises untenantable, either party may
terminate the lease by giving written notice to the other within fif-
teen days thereafter, and if so terminated no rent shall accrue to the
Lessor after such partial destruction or damage.
11. No Member of or Delegate to Congress or Resident Commissioner
shall. be admitted to any share or part of this lease or to any benefit
to arise therefrom. Nothing, however, herein contained shall be con-
strued to extend to any incorporated company, if the lease be for the
general benefit of such corporation or company.
12. This lease may be terminated by the Government at any time
on giving; thirty (30) days' notice in writing to Lessor.
13. This lease may be terminated by the Lessor at any time on
xiving t..-Urty (30) days' notice in writing; to the Government.
14. In all matters in connection with this lease requiring action
of the Government, or City, the Commandant, Eleventh Naval District,
San Diego, California, is hereby designated and impowered to act as
the representative of the Government.
IN `FITNESS `VHI,REOF, the parties hereto have hereunto subscribed
their names as of the date first above written.
CITY OF NEIJPOHT BEACit, CALIFORNIA
By (signed) O. B. Meed
Its Mayor Te, ssor
UNITED ED STATES OF AMER I C A
By (signed) Jack F. Cochrane
Payment to be made by U,S. Navy by direction of the Chief of the
Central Disbursing Office, 11th cBureal_i of Yards and Docks, acting
Naval District, Naval rase, San under the direction of the Secre-
Diego, 303, Calif. tary of the Navy.
(If Lessor is a corporation, the following certificate shall be
executed by tlh.e secretary or assistant secretary)
I, (signed) Frenk L. Rinehart, certify that I aii� the City Clerk
Secretary of the corporation named as Lessor in the attached lease;
that (signed) O.B. heed, who sigried said lease on behalf of the Lessor,
was then Mayor of said corporation; that said lease was duly signed for
And in behalf of said corporation by authority of its governing body,
and is within the scope of its corporate powers.
(aligned) Frank L. Rinehart Corporate
Seal
-3-
Appro: 1771502,00o `71at<ion Navy 1947 Expend, -,t. ;99309, Ob j. Class
- jqn: BuAer EN11-24245-47. 051.
All public Bills for payment under this
Contract should include a reference to
No. NOy (R) -39964.
LEASE
BETWEEN
CITY OF' NEINPORT BEACH, CALIFORNIA
AND
THE UNITED ;TATE? OF AMERICA
1, THIS LEASE, made and entered into this First day of May,
in the year one thousand nine hundred and forty-seven, by and between
CITY OF NEWPORT .BEACH, CALIP'ORNIA,
whose address is Newport Beach, California,
for itself, its successors, and assigns, hereinafter called the Lessor,
and THE UNITED STATES OF AMERICA, hereinafter called. the Government:
WITNESSETH: The parties hereto for the considerations hereinafter
mentioned covenant and agree as follows:
2. The Lessor hereby leases to the Government the following
described premises, viz:
Property known as Docks No, 4 and Garage No. 4, City
of Newport Beach, California, as shown on drawing
attached hereto and made a part: hereof, until such
time as finger pier at Station 20 +-55 referred to,
and westerly from U.S. bulkhead Station 130, and as
shown on Drawing No. 60-1267 on file in the office
of the City Engineer of said City, together with
Slip No. 5 as shown on said drawing: are in suitable
condition for occupancy, at which time'said finger
pier, slip and one unit of appurtenant garage
22' x 40' shall constitute the premises covered by
this lease.
to be used exclusively for the following purposes (see instruction No. -3):
Mooring Aircraft Rescue Boats.
3. TO HAVE AND 'IO HOLD the said premises with their appurtenances
for the term beinning May 1, 1946, and ending with June 30th, 1949,
unless sooner terminated as hereinafter provided.
4. The Government shall not assign this lease in any event, and
shall not sublet the demised pre.tAses except to a desirable tenant,
and for a similar purpose, and will. not permit the use of said premises
by anyone other than the Government, such sublessee, and the agents
and servants of the Government, or of such sublessee.
5. This lease may, at the option of the Government, be renewed
from year to year at a rental of Twelve Hundred Dollars (41,200.00)
per annum,
and otherwise upon the terms and conditions herein specified, provided
notice be given in writing to the Lessor at least sixty (60) days
before this lease or any renewal thereof would otherwise expire:
Provided that no renewal thereof shall extend the period of occupancy
of the premises beyond the 30th day of June, 1951.
6. The Lessor shall furnish to the Govarn:nzent, during the occupancy
of said premises, under the terms of this lease, as part of the rental
consideration, the following:
The City shall maintain said pier and mooring
facilities and the garage in connection therewith in
a good state of repair, reasonable wear, and tear
thereof excepted and damages by the elements and
other unforeseen casualties excepted.
7. The Government shall pay the Lessor for the premises rent at
the following rate:
'T'welve Hundred Dollars ($1,200.00) per annum.
Payment shall be made at the end of each quarter, upon presentation
by Lessor of duly certified :Invoices to the Comdg. Officer, Utility
Squadron 8, Service Force Pacific 1+'leet.
B. The Government shall have the right, during the existence of
this lease, to make alterations, attach fixtures, and erect additions,
structures, or signs, in or upon the premises hereby leased (provided
such alterations, additions, structures, or signs shall not be detri-
mental to or inconsistent with the rights granted to other tenants on
the property or in the building in which said premises are located);
which fixtures, additions, or structures so placed in or upon or
attached to the said prer4ises shall be and remain the property of the
Government and may be removed therefrom by the Government prior to
the termination of this lease, and the Government, if required by the
Lessor, shall, before the expiration of this lease or renewal thereof,
restore 'the premises to the same condition as that existing; at the
time of entering upon the same under this lease, reasonable and
ordinary wear and tear and damages by the elements or by circumstances
over which the Government has no control, excepted: Provided, however,
that if the Lessor requires such restoration, the Lessor shall give
written notice thereof to the Government (twenty) 20 days before the
termination of the lease.
9. The Lessor shall, unless herein specified to the contrary,
maintain the said premises in good repair and tenantable condition
during the continuance of this lease, except in case of damage arising
-2-
from the act or the Llegli ;ence of the Government's agents or employees.
For the purpose of so maintaining the premises, the Lessor reserves the
right at reasonable times to enter and inspect the premises and to make
any necessary repairs thereto.
10. If the said premises be destroyed by fire or other casualty
this lease shall immediately terminate. In case of partial destruction
or damage, so as to render the premises untenantable, either party may
terminate the lease by giving: written notice to the other within fif-
teen days thereafter, and if so terminated no rent shall accrue to the
Lessor after such partial destruction or damage.
11. No Member of or Delegate to Congress or Resident Commissioner
shall be admitted to any share or part of this lease or to any benefit
to arise therefrom. Nothing, however, herein contained shall be con-
strued to extend to any incorporated company, if the lease be for the
general benefit of such corporation or company.
12. This lease may be terminated by the Government at any time
on giving thirty (30) days' notice in writing to Lessor.
13. This lease may be terminated by the Lessor at any time on
giving LiU rty (30) days' notice in writing; to the Government.
14. In all matters in connection with this lease requiring action
of the Government, or City, the Commandant, Eleventh Naval District,
San Diego, California, is hereby designated and impowered to act as
the representative of the Government.
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed
their name's as of the date first above written.
CITY OF NEWPORT BEACH, CALIFORNIA
By (signed) O.F. Reed
Its Mayor Lessor
UNITED STATES OF AMERICA
By (signed) Jack E. Cochrane
Payment to be made by U.S.. Navy By direction of the Chief of the
Central Disbursing Office, 11th Bureau of Yards and Docks, acting
Naval District, Naval Lase, San under the direction of the Secre-
Diego, 30, Calif. tary of the Navy.
(If Lessor is a corporation, the following certificate shall be
executed by the secretary or assistant secretary)
I, (signed) Frsn k L. Rinehart, certify that I am the City Clerk
Secretary of the corporation named as Lessor in the attached lease;
that (signed) O.B. Reed, who signed said lease on behalf of the Lessor,
was then Mayor of said corporation; that said lease was duly signed for
and in behalf of said corporation by authority of its governing body,
and is within the scope of its corporate powers.
(Signed) Frank L. Rinehart Corporate
Seal
-3-
'-avdh 3'-)v 3,948
Commandant,
!Ieventh Haval District
San Diego, California
Dear
The City of Nowport has .lust
consum-ated a Lease for Fifty year: on property,
part of which includes your Lease with this City
for use of a slip for three of your target boats,
your !'ref NO -y (R) 399,64.
Your Lease With the Gity of Newport
Beach is being assigned to the NeATort Bay CorRpany,
the new Lessee of this property, as of April. Ist,
1,948.
For further particulars regarding any
future use of the Ulty '711ps, it 1.s sugf,:,estad that
you contact ropresentatives of the Newport i'ay
'.'om.pany., whose address is -
Newport k' --ay Gompany
c/o Mr. George Holstein
1151 East 1.7th Street
(lost §'.osa, Gal-ifornta
Very tri lr -,�ours,
Ora
j J'S : M Yi City AdminisLrative Offl-cer
CC:
Nowport Bay Company
Harbor Master,City
4' Newport Leach
Nowport 141 COWSAY
1161 Y'"t Ithe"t-0
COU MOS& - C-Allromia
x4rob 20, 1049
To I'M
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