HomeMy WebLinkAboutC-1188 - Newport Jetty Lease to City of Newport Beach Parks, Beaches & Recreation - 25 yearsK
TO: FINANCE DIRECTOR
FROM: City Clerk
CITY OF NEWPORT BEACH
CALIFORNIA
City Hall
3300 W. Newport Blvd.
Area Code 714
673 -b110
M
SUBJECT: Contract No. 1188
Description of Contract land B Water lease for 3.1011 acres
Authorized by Resolution No. 6745 , adopted on 4 -8-69
Effective date of Contract 8. -1 -68
Contract with
1=V0z-U1=1U va W= cooly
Address P. 0. Box 2711
Los Angeles, CA 900
Amount of Contract No Charge
(request that the City covers area with
insurance - see page 2 of oontract)
City Clem
w 1
00
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P. O. BOX 2711
Los ANGELES, CALIFORNIA Y0089
IN REPLY REFER TO SpLM4-M -(G)
_ Mr. C. C. Stewart, Director
Park, Beaches & Recreation Department
City of Newport Beach
City Hall
3300 West Newport Boulevard
Newport Beach, California 92660
Dear Mr. Stewart:
20 August 1968
l e/ %
- JiC C
We inclose for your files an executed copy of lomse No. DACR09 -1-
69-14, to the City of Newport Beach, California, to use and occupy
3.01 acres, more or less, of land and water areas at Newport Jetties,
Newport Bay, Orange County, California, for public park and recrea-
tional purposes. The term of the lease is 25 years, commencing on
1 August 1968.
The officer having immediate jurisdiction over the areas concerned
is the District Engineer, U. S. Army Engineer District, Los Angeles,
Corps of Engineers, 300 North Los Angeles Street, Los Angeles,
California 90012.
1 incl
As stated
Sincerely yours,
n• u• aaw.n�un
Chie , Management and Disposal Branch
Real Estate Division
0
DEPARTMENT OF THE ARMY
LEASE 4.,
n
T 10'',00 "OC r
FOR P PA ND RE EATI .NAL PURPOSES
_
1�Sfia J® r u . COUNTY, CALU 701N PROJECT AREA
„dy.: .
THE TAAY OF THE ARMY1er authority of Section 4 of the Act of Con-
gress approv ber 1944, as amended (16 U,S,C. 460d), hereby grants to the
CITY OF NEWP(3 r a mugicipal corporatitgi the State of California,
.hereinafter called; Jeasee,. a ltor a period of twenty -five: (25)
years commencing on 4,eeuticp i s 'and e�►g ee the Government ,
to use and occupy appr0 49e
g e e1y 3.01 acres of land areas under
the primary. jurisdiction t e Department o yn Newport Bettie §� Project
Area, hereinafter referred to as the premises n n a . hed Exhibit. Oy
drawing, ,� puMbered 347 -K -2 dated 17 Fe74;W tyt 1966.. public park and
recreatigQnaT se and as described in le al descri ion File: 347-K -2
dated a At marked Exhibit B, bo exhibita beiAg attached hereto
and S s g anted subject to the follow4Yigcbtiditiona:
J. The lessee shall conform to such reguJA.topf, as -the Secretary of the Army may
issue to govern the public use, of the project atggrgnd shall comply with t)ae.Provisions of
the above cited Act of Congress. The less" j#0al, protect thg .premises .from fire, vandal -
isin, and seiieresien, and may make and enforee:sueb regplatiops,ae araneceseary, and within
its legal authority, in exercising the privileges granted in this.liease, provided that such reg-
ulations are,not inconsistent with those issued'by the Secretary of the Army or with pro-
visions of the above cited Act of Congress.
2. The.lessee shall administer and maintain the,premjises in accordance with the U.S.
Army Engineers'. Master Plan and the implementing General Development Plan:for the
premises and with an Annual Management Program to be mutually agreed :upon -between
the lessee and the U.S. Army bistrict Engineer in charge of the administration of the proj-
ect, which may be amended from time to time as may be necessary. Such Annual Man-
agement Program shall include; but is not limited to, the following:
a. Plans for management activities to be undertaken. by the lessee or jointly by the
U.S. Army Engineers and the lessee, including improvements and other facilities to be con -
structed thereon.
'b. Budget of the lessee for carrying out the management activities. `
c., Personnel to be used in the management of the area.
I The lessee shall provide the facilities and services necessary to meet the public de-
mand either directly or.through concession agreements with third - parties. All such agree-
ments shall state that they are granted subject to the provisions bf,this' lease aria that the
concession agreement will-not be effective until-approved by the District Engineer.
4. Admission, entrance of user fees may be! chargedbythe lessee for the 'entrance to
or use of the premises or any facilities constructed, thereon, 'PROVIDED, prior written
approval of-the'District Engineer is obtained:
o
MM 67 1736
PREVIOUS M ONS ARE ORSOLEIE.
IM
� ,:.. •angel
If
:d �jF18F 1 ;o guollmt4 io ag oa; 8uillneai suosrad ro uoarad 6ae
xqagn� as , . '� �.ii ? �
Pug mogajagl ` t $
`urrlelS eti . ; . lua RQ
uroa3 8msru�so uaed o + o rm
o Wh a
ale
msuc flluu:aput so f3tllgarl `luamuzanb elggldaobs'6usdmoa aouameal olgalndar
s uiog me o aa8sa .a 1 `mil srgl, ;o.' auawutoal .' .o Bud
f ZR II I g 3 I0. .# Ti
k s + star* b' • + t� at& PuR ko u e cuoij sea IQm
of U.1
IWwq 10 luoW to 3S e9uaa1
q o I[le lle
o
af{� �Z lirap�m to
8 grab �'trt} o not " `
3 l� ab['j rtet�l sasiurard ail uo A
oq>, "st duia so `slfilen al aql 46 uos.rad 3
10 flia�[ Tq aIIgQ}le o 36�, ail; of gassuraR Sao Yd
u[azag sa8al�►md ';o esia3ex&�a 1 b; stir �q to urorl ante fear goige�6eiad
l saun[m cti iQlie$o5d bEl sr-(o[41 suodgal a ou' a s 4tY j� 2 '
g 1 1 7S' Pel bt'... .
.'. �:ms t,n i7•i ^:f f lb 'f.'. ..,:
cas ^s� rs_ioe3i s �.t :Jso of dir» i4iraaua8urgcgDsils<Qso ofe i
aql iq paa8ldar so paned ouI asi Il13gs.P.?T,ugrB:tugcag,.a ;oY dl
o; luapnur aessel eql 6q paxo p io pa8eruvp soleIS Pal ?u fl eqj jo Aliadoid AuV •6
3oaiag ;. aako d %to sb34go Si¢a�e'iQa� .io §alal8 palltrn "egT�me8s
lOaaegx mno IW 1609"43 .ctrdi d "otr'leneq {lags aassal a �`l5 '�ojrjuuo
l►oog'pae asoiirTi�Aei'•�ggnd q3 rl oltlaaatr aq (am, se"pule� agq' o n is qlo
`.C�aa� ®��ffo %pag• =�Iased&ea uegil� aaleivrafd� `poo'g o0. `slto� gins m'd prditnbeY�t:faT
+eaf itet�s:,to fagtaq leeotrta� orT <pale'"�3o6f�•tAa';ir«>�pfrs togteq p'tra ian�.r i�iie trorloau
o:ut vstuaXaba cb tYgs %asodsnd'dvtiibj'p �aat�'i£utl` "srastiaAYC�a uodh To a
o} 'saadoldma pas 'slua8s 'aiaargo s ;I 's? }s }S PS�ftt jj"Sq•{ b "T liSntasef B[ 3t�$it aEgJ, -g :. �
s5aau ogfltl'd�H^ettt�r`aaq ant �tbq�o
snr lo'djeb.' ;b setpoc{ Yagjo ao souaaxls
e ;ealiirelubo1" aeiegasrp g3tlt{ 0. uuem s g5ne'ih`sae�etiai$ nYoi; aap®a #o b
aoONS44-04.
Ioht`p �g sga�o-ISirtdtt#jhPa�gi"p8�fpel q-,paA
spxYnTOnSi�§`4"d tl'Ttes
. Zrpl}s .tFv�gans�lo :si►iE+�? ??[T.3R i�4IQO,= s,ia�??u9m3� �i+r0.glH
agl gsnun; Pus `earler?orsseoaoa Brad P=lgl 30; 9 uno?aa pug spioaaz aip ji ng of aassal
etP- ,wixH� c4 pus 's0.gnUaa pent ep b a ebA6s[ atf? 3 *1?pn6 vnogued o4: i s'u 641 anaR
' - �{ eqs; aaetrt8+ a�'�aar0.s�]"at}`1, "'tiesA3f'a�� >ztldtlo sgeYS jU#rot3u'aioaz aai�To 0.s` p'azduoy
axe oela gorgm sae; eauailue 91laam ab Ianuue to; Zdoase `aeaudug la!ijk gl'o�. §ainj
-Raadsa pus gdiaaax aq Wg!.XM ela:isS!Fi ,;a8pq�,pue,s3ru!4oas Pus 9PAQaa�'.aaenbap8 ms0.
-trlsnz pule Wglelsa llsgs eassal egy pound teak` -q igoaa ;o pule aql Zg ?aaul8u ZoulslQ
agl "o0. Pled aq IIeqs `aunt algetr'tigra.Y %a tiEq w flo eiYm Yd; pail si8oib `io `Pazt�t,�n os Tou
�ggv¢llons, ¢{ R?elaz:O?bT34 Taaind4IP4F P!: uOSksiad9 .`avwguequcs:`aot ;uiulm
Ae:.?� iP3 eassal,gg3.!�;gEFqZAI1P a4fCsuF- �utegRl�uoq s0.F sags3':Parileaa; uvrdgiapESUOo
jog{{ ao aaaz ;Pus saai P @;R Oa 'oA RaTI�4 2nu:Tnq `8acpnlam
'gaelma 3.a°, Fa Pu.4F' eFlat ,i�d1P'.urprl3;.ia?s .fig #,,Ifq pg4laaai m.aatmoux UV '9 '
�! ; sa9!±P� ?d R aI aql zFP aqe ;d Pl ald v?� a[;saigll:l{q.;s_ pal. seoud ao salgr
sal�_LIans3$ aI4Pa,$;dea�F jt$gs'6a9r¢o� l�#t9lFuaaaesal agi, >.:.iaPsvr'uaoR:ssg.
uolloa[go lee gso; a►ud ?o aqiM
pus.eaud so alsr'aa; �;panosdde�ue a1�91a.'alwmdardtiB, ltr.`IIIm
pasodwd Sus of uopaa[go.so. ;o Isnoidda sag
;o aaesal agl of aolloa
uallum anl8 IIPb iaeur8uH Zaulo!a leg 1, •aseamp io mmaul pasodoid .Sus so; uollsogclsn[
8nzpnlau0sq;uoui 9 Eulaollo; leg; so; paeodoid mud pas salsa `sale; aql ;o ZsII B lsnoid
-dle io3 iaaul8ua louls[a agl of ZnIIgns `neat gala ;o iagola0 Si Pug Todd 41 kq `Ilsgs ales
sat aqy iaanl8uH loule[Q aRl ;o IBnoidds loud aql 01 laa[gns eR Rage aggnd aql of plos
io.pagscucn; seolnras pas'(spoo8 pa8wlaed 19?xa too; `saoi;s�ommoaas 6t, ? etrQissAa
-uoo 9V io aassal eql Aq pa8.rsga seaud pule ea ai,� pus sale; mkt` ;o ymroma 9%L •g
12. Thislea y_ elinquished by the lesseL at an#e #giving to the Secretary
of the Army, througi a District Engineer, at least 30 days' notice in writing.
13. This lease may be revoked by the Secretary of the Army in the event the lessee;.
violates any of the terms and conditions of this lease and continues and persists therein for
a period of 30 days after notice thereof in writing by the District Engineer.
14. On or before the date of expiration of this lease or its relinquishment by the lessee,
the lessee shall vacate the premises, remove*s property therefrom, and restore the prem-
ises to a condition satisfactory to the District Engineer. If, however, this lease is revoked,
the lessee shall vacate the premises, remove its property therefrom, and restore the prem-
ises as aforesaid within such time as the Secretary of the Army may designate." In either
event, if the lessee shall fail or neglect to remove its property and so restore the premises,
then its property shall become the property of the United States without compensation
therefor, and no claim for damages against the United States or its officers or agents shall
be created by or made on account thereof.
15. The lessee or its concessionaires shall pot discriminate against any person or per-
sons because of race, creed, color or national aftin in the conduct of its operations here-
under. The grantee furnishes as part of this contract an assurance (Exhibit D ) that
he will comply with Title VI of the Civil Rights Act of 1964 (78 Stat. 241) and Depart-
ment of Defense Directive 5500.11 issued pursuant thereto and published in Part 300 of
Title 32, Code of Federal Regulations.
Cit lof t nooice oan} e g er�ny n to this lWage shalltl�e a eas d if to ihtyEeae to
0 4TesheNew oA B ' N 496, glegaacch, California, t
o the over ment, 'a e Di §tr c Lngineer, U. S. Arwj Engineer District, Los
Angeles, Corps of Engineers, P. 0. Box 2711, Los Angeles, California 90053•
or as may from time to time be directed by the parties. Notice shall be deemed to have
been duly given if and when inclosed in a properly sealed envelope or wrapper, addressed
as aforesaid and deposited postage prepaid (or, if mailed by the Government, deposited
under its franking privilege) in a post office or branch post office regularly maintained by
the United States Government.
17. This lease is subject to all existing easements, and easements subsequently granted,
for roadways, and utilities located or to be located on the premises, provided that the pro-
posed grant of any easement will be coordinated with the lessee and easements will not
be granted which will interfere with developments, present or proposed, by the lessee.
See Exhibit A for added conditions, attached hereto and made a part hereof.
IN WITNESS WHEREOF I have hereunto set my hand this J S
of 4 1 0- 1968p by direction of the Assistant
Secretary o he Army.
The above instrument, together with
accepted this day of _
ATTEST:
tDiv. 4 U,
ray s
eal y
, OAS.A
.00 i ns and conditions thereof, is hereby
.1968.
"WaVaD .1111.
"� ,—
Title: Mayor
U.S. GOVERNMENT PRINTING OFFICE : 1167 Of -361 -611
11
m
.Any lots 1ramin; 160 hoMenwo- mqAW .'7'youwo-rIc 10 yi-tn
into'' 11,0
aci
XODUT SATM ;W Jfy-', xr) maosainax !a nown Sefo,,r
-,:3ff E3 Sumo has comod eqnsiln iio-nn oil A MAdmi ss
18. That the fire rings or any constructed facilities shall not be
attached to the jetty structure, except as may be authorized by a Department
of the Army permit under Section XIV of the River and Harbor Act of 3 March
1899 (30 Stat. 1151; 33 U. S. C. 404).
19. That before the execution of this lease the following changes
were made:
Revised: Granting clause and Condition No. 1.
Added: Conditions Nos. 18 and 19.
Newport Jetties - Newport Bay
Orange County, California
City of Newport Beach
Lease No. DACW09- 1 -69 -14
EXHIBIT A
rlm
of*
DATE: 8 August 1966
UNIT: "B"
ACREAGE: 3.01
PROJECT: NEWPORT JETTIES
LOCATION: Orange County, California
FILE: 347 -K-2
OUTGRANT TO CITY OF NEWPORT BEACH FOR RECREATIONAL PURPOSES
Two parcels of land situate in the City of Newport Beach,
County of Orange, State of California, described as follows:
PARCEL NO. 1:
That certain parcel of land conveyed to the United States of
America by the City of Newport Beach by deed recorded 5 March 1935 in
Book 741, page 18 of Official Records in the office of the Recorder of
said County.
Containing 0.68 acre, more or less.
PARCEL NO. 2:
Those certain parcels of land conveyed to the United States
of America by the City of Newport Beach by deeds recorded 5 March 1935
in Book 739, page 219, Book 740, page 77, and that portion of the land
conveyed to the United States of America by the City of Newport Beach
by deed recorded 5 March 1935 in Book 738, Page 216 of said Official
Records lying Northerly of the Easterly prolongation of the line described
as "west to an intersection with the orginary high tide line of the Pacific
Ocean" in said deed recorded in Book 740, page 77.
Written by:
Containing 2.33 acres, more or less.
EXHIBIT B
FILE: 347 -K -2
— /
.. � it ..� ` ^ -_ � C � O ib�—'i � � ,�qs s ?n / C 7� x - IT
v •= v r < .� y yl
1
CIL
w � � (,tia � � 1�5 a•a � i�_„_;� W � i on
Ti
w'r c
1
fo
a �
... i�•,.i °i �C7 ISO - -^�
= 4
��Fp. Via•+ —. ' � � �.i 'i, "�"�; tg �+` 20,;,:�•...� s - ,-1::: �a. i
ya �'®r O � 1-0
Qo
N
r
`
_
h•`
J�
1
ASSURANCE OF COMPLIANCE WITH THE DEPARTMENT OF DEFENSE DIRECTIVE
UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
City of Newport Beach (hereinafter called "Applicant- Recipient ')
Name of Applicant- Recipient
HEREBY AGREES THAT it will comply with title VI of the Civil Rights Act of
1964 (P.L. 88 -352) and all requirements imposed by or pursuant to the
Directive of the Department of Defense (32 CFR Part 300, issued as Department
of Defense Directive 5500.11, December 28, 1964) issued pursuant to that
title, to the end that, in accordance with title VI of that Act and the
Directive, no person in the United States shall, on the ground of race, color,
or national origin be excluded from participation in, be denied the benefits
of, or be otherwise subjected to discrimination under any program or activity
for which the Applicant- Recipient receives Federal financial assistance from
Department of the Army and HEREBY GIVES ASSURANCE THAT it will
Component of the Department
immediately take any measures necessary to effectuate this agreement.
If any real property or structure thereon is provided or improved with the
aid of Federal financial assistance extended to the Applicant- Recipient by
this Department of the Army , assurance shall obligate the Appli-
Component of the Department
cant- Recipient, or in the case of any transfer of such property, any trans-
feree, for the period during which the real property or structure is used for
a purpose for which the Federal financial assistance is extended or for
another purpose involving the provision of similar services or benefits. If
any personal property is so provided, this assurance shall obligate the
Applicant- Recipient for the period during which it retains ownership or
possession of the property. In all other cases, this assurance shall obligate
the Applicant- Recipient for the period during which the Federal financial
assistance is extended to it by, Department of the Army
Component of' the Department
THIS ASSURANCE is given in consideration of and for the purpose of obtaining
any and all Federal grants, loans, contracts, property, discounts or other
Federal financial assistance extended after the date hereof to the Applicant -
Recipient by the Department, including installment payments after such date
on account of arrangements for Federal financial assistance which were approved
before such date. The Applicant- Recipient recognizes and agrees that such
Federal financial assistance will be extended in reliance on the representa-
tions and agreements made in this assurance, and that the United States shall
1
EXHi6i_. D
so
have the right to seek judicial enforcement of this assurance. This
assurance is binding on the Applicant- Recipient, its successors, transferees,
and assignees and the person or persons whose signatures appear below are
authorized to sign this assurance on behalf of the Applicant- Recipient.
Date 11,4"-d Cf Cit of Newport Beach
Applicant- Recipient
By L, f //� Mayor
President, kCha irman of Board, or
comparable authorized official)
City Hall
3300 Newport Boulevard
Newport Beach, California 92660
Applicant - Recipient's Mailing Address
2
ice¢
PF t�s S" ' fiy 1
yfT.v:' lJfYi W`j^j -� f P`t -�f± {jf -11
qIJ
sr
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF NEWPORT BEACH )
••
I, LAURA LAGIOS, City Clerk of the City of Newport Beach, California,
do hereby certify that according to the records of the City of Newport Beach
filed and maintained in my office, the foregoing Resolution No. 6745 was
duly and regularly adopted, passed, and approved by the City Council of the
City of Newport Beach, California, at a regular meeting of said City Council
held at the regular meeting place thereof, on the 8th day of April ; 19681)
by the following vote, to wit:
AYES, COUNCILMEN: Rogers, Parsons, Marshall, Gruber, Cook,
Forgit, Shelton
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
Dated this 9th day of April 196S.
City Cle c and Ex-Officid Ci of the
City Council, City of Newport Beach,
State of California