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HomeMy WebLinkAboutC-1498 - Leasing & Maintenance of Bowling Greens at San Joaquin Hills ParkCITY OF NEWPORT BEACH CALIFORNIA i I MTRO TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. ivaa City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 Authorized by Resolution No. 8119 , adopted on in-'?9-73 Effective date of Contract October 99, 1973 Contract with - mber -min Bey. -�I ling AsseeiatlAm 770-My MMMMMI�� Amount of Contract fM $76 09 $150.00 per mcnth -City Clefk .. W November 2, 1973 L. J. Klyn, Secretary Newport Harbor lAwn Bowling Association 2022 vista Cajon Newport Beach, CA 92660 Subject: Amendment of Agreement for Maintenance of the San Joaquin Hills Park Bawling Greens, C -1498. Enclosed is an executed copy of subject amendment to cower increase in greens maintenance fees. The City Council of Newport Beach approved the execution of said amendment on October 29, by the adoption of Resolution No. 8119. Laura Lagios, C.M.C. City Clerk LL: swk enc. cc: PBSR Director City Attorney Finance Director J El AMENDMENT OF AGREEMENT M THIS AMENDMENT OF AGREEMENT, made and entered into this /a 1� day of pCAAE �Arg , 1974, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY ", and NEWPORT HARBOR LAWN BOWLING ASSOCIATION, hereinafter referred to as "ASSOCIATION ", W I T N E S S E T H: WHEREAS, on the 13th day of November, 1972, an Agreement between CITY and ASSOCIATION was entered into whereby CITY leased to ASSOCIATION a portion of San Joaquin Hills Park which was to be devoted to the sport of lawn bowling; and WHEREAS, said Agreement was amended on October 29, 1973, to increase the CITY's contribution for maintaining the bowling greens from Seventy -Five Dollars ($75.00) per month to One Hundred Fifty Dollars ($150.00) per month; and WHEREAS, CITY has determined that the maintenance costs in connection with the bowling greens has increased due to infla- tion; and WHEREAS, CITY and ASSOCIATION wish to amend the Agreement by increasing the compensation which CITY pays to ASSOCIATION for maintaining the greens, NOW, THEREFORE, IN CONSIDERATION of the foregoing, the parties hereto agree as follows: 1. That the amendment to the Lease Agreement, dated October 29, 1973, is further amended to provide as follows: A. CITY shall pay to ASSOCIATION the sum of Two Hundred Dollars ($200.00) per month as compensa- tion for maintaining the bowling greens in the San Joaquin Hills Park, effective January 1, 1975; 2. That all the terms and conditions of the original Lease Agreement, dated November 13, 1972, with the exception of this amendment, remain in full force and effect and are incorporated herein by this reference. IN WITNESS WHEREOF, the parties hereto have executed -1- this Amendment to Agreement as of the day and year first above written. ATTEST: C APPROVED AS TO FORM: ,-* 0 City Attorney CITY OF NEWPORT BEACH CITY NEWPORT HARBOR LAWN BOWLING ASSOCIATION By: -r N�l By: ASSOCIATION -2- E TO: FINANCE DIRECTOR FROM: City Clerk f CITY OF NEWPORT BEACH SUBJECT: Contract No. 1498 - Amendment CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 DATE December 16, 1974 Description of Contract Amendment in connection with green maintenance fees. Authorized by Resolution No. 8406 , adopted on December 9, 1974 Effective date of Contract December 12, 1974 Contract with Newport Harbor Lawn Bowling Association Address 1550 Crown Drive North Corona del Mar. CA 92625 Amount of Contract $200.00 per month City Clerk OCT 29 1973 RESOLUTION NO. '8 11 9 By Ae CITY COUNCIL -"7Y PC 00 �" wr (MACH A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT HARBOR LAWN BOWLING ASSOCIATION IN CONNECTION WITH AN INCREASE IN GREENS MAINTENANCE FEES WHEREAS, there has been presented to the City Council of the City of Newport Beach an amendment to a certain agreement between the City of Newport Beach and the Newport Harbor Lawn Bowling Association in connection with an increase in greens maintenance fees, from $75 to $150; and WHEREAS, the City Council has considered the terms and conditions of said amendment and found them to be fair and equitable and in the best interests of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said amendment above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 29th day of October, 1973. ATTEST: City Clerk Mayor mh 10/24/73 AMENDMENT OF AGREEMENT THIS AMENDMENT OF AGREEMENT, made and entered into this A9 7d day of pc�oFS! !Y 1973, by and between the CITY OF NEWPORT BEACH, a municipal corporation, herein- after referred to as "CITY," and NEWPORT HARBOR LAWN BOWLING ASSOCIATION, hereinafter referred to as "ASSOCIATION" W I T N E S S E T H: WHEREAS, on the 13th day of November, 1972, an Agreement between CITY and ASSOCIATION was entered into whereby CITY leased to ASSOCIATION a portion of San Joaquin Hills Park which was to be devoted to the sport of lawn bowling; and WHEREAS, by the terms of that Agreement, ASSOCIATION is to maintain the bowling greens in said park; and WHEREAS, pursuant to said Agreement, CITY is to pay to ASSOCIATION the sum of Seventy -five Dollars ($75) per month as compensation for maintaining said bowling greens; and WHEREAS, Paragraph 6 of said Agreement provides that if the CITY determines that the compensation for maintaining the bowling greens should be increased to reflect increased maintenance costs, the Agreement can be amended by written consent of all parties; and WHEREAS, CITY has determined that the maintenance costs in connection with the bowling greens has increased in that there are now two bowling greens instead of the one bowling green which existed at the time of the execution of the Agree- ment; and WHEREAS, CITY and ASSOCIATION wish to amend the Agreement by increasing the compensation which CITY pays to ASSOCIATION for maintaining the greens. -1- • 0 NOW, THEREFORE, IN CONSIDERATION of the foregoing the parties hereto agree as follows: 1. CITY and ASSOCIATION agree to the following amend- ment to the Agreement which shall be deemed to be a part thereof. A. Paragraph 6 of the Agreement is amended to provide that CITY shall pay to ASSOCIATION the sum of One Hundred and Fifty Dollars ($150) per month as compensation for maintaining the bowling greens in the San Joaquin Hills Park. IN WITNESS WHEREOF, the parties hereto have executed this amendment to Agreement as of the day and year first above written. `A ATTEST:f i T C" v Clerk ° r � 1FUKF� :: APPROVED TO CORM: �� C J t1SVTCity Attorney -2- OF NEWPORT BEACH M Rod NEWPORT HARBOR LAWN BOWLING ASSOCIATION Policy No. GA 1 69 32 76 L-1 !3.r,6 Name Newport Harbor Lawn Bowling Club Insured - 1. City of Newport Beach CERTIFICATE OF INSURANCE FOR LEASE OF CITY PROPERTY' This is to certify that the Reliance Insurance Comnanv (Name of Company or Organization) of 1840 E. 17th Street, Santa Ana, California (Address of Company or Organization) has issued to Newport Harbor Lawn Bowline, Club (Name of Insured) 1550 Crown Drive, North, Newport Beach, California (Address of Insured) The policy of Liability Insurance described herein, which by the attachment of the City Property Endorsement has been changed in accordance with the terms of the Endorsement. Coverages and limits of liability under the policy are not less than: BODILY INJURY PROPERTY DAMAGE $100,000 each person $50,000 each person $300,000 each occurrence $50,000 each occurrence CITY PROPERTY ENDORSEMENT This endorsement is attached to the policy described herein to assure compliance by the named insured with the terms and provisions of the lease, rental or other agreement entered into between the insured as Lessee and the City of Newport Beach as Lessor. The Company or Organization amends the policy described herein as follows: 1. If the policy is cancelled or changed so as to affect the coverages, at least fifteen (15) days prior written notice of such cancellation or change will be sent to the Lessor, City of Newport Beach, c/o City Manager, 3300 Newport Boulevard, Newport Beach, California 92660. 2. The Lessor City of Newport Beach, its officers, and employees are hereby declared to be additional insureds in the policy described insofar as they may be held liable for injuries, deaths, or damage to property occuring in or about the leased premises including negligence of the city and the company waives any right of contribution which it may have against any other insurance carriedby the additional insureds. INSURANCE REQUIREMENT Lessee shall, at his own expense, take out and keep in force during the within tenancy, public liability insurance, in a company or companies to be approved by the Lessor, to protect the City of Newport Beach, its officers and employees against any liability, including negligence of the City, to any person incident to the use of, or resulting from injury to, or death of, any person occuring in, or about the demised premises, in the amount of not less than $100,000.00 to insure against the claim of one person; in the amount of not less than $300,000.00 against the claims of two or more persons resulting from any one accident; and $50,000.00 for damage to property. Said policies shall obligate the insurance carriers to notify the Newport Beach City Manager in writing, not less than fifteen (15) days prior to the cancellation thereof, or any other changes affecting the coverage of the policies. Lessee shall furnish as proof of public liability insurance, a fully executed copy of City form, "Certificate of Insurance for Lease of City Property" and "City Property Endorsement." Lessee agrees that, if Lessee does not keep such insurance in full force and effect, Lessor may take out insurance and pay the premiums thereon, and the repayment thereof shall be deemed to be additional rental. This endorsement countersigned by an authorized representative of the Company or Organization becomes applicable endorsement number 4 Effective Date of Policy: 9 -27 -73 9 -27 -76 Expiration Date of Policy: Dated: November 13, 19 73 at Newport Beach, California (City) (State) Name of Agent or Broker: Jay & Renfro Insurance Brokers Address of Agent or Broker: Countersigned By: ort Beach (Authorized Representative) Jay IMPORTANT —THIS FORM IS THE ONLY CERTIFICATE OF INSURANCE ACCEPTABLE TO THE CITY OF NEWPORT BEACH OFFICE OF THE MANAGER August 1972 6 TO: FINANCE DIRECTOR FROM: City Clerk 0 CITY OF NEWPORT BEACH SUBJECT: Contract No. 1496 CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 Description of Contract tagaing and maaintnn nnn of lawn bawling greens at San Joaquin Hills Park Authorized by Resolution No. 7868 , adopted on Nnvramhnr 13, 1972 Effective date of Contract November lay 1079 (harvynino o £ectiug 7-1-71) Contract with NMa Y Harbor a 11 :.a. n g Agaafy4aticn as Amount of Contract see -city Clem A G R E E M E N T THIS AGREEMENT, made and entered into this l;3 » day of NC A� . , 1972, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY," and the NEWPORT HARBOR LAWN BOWLING ASSOCIATION, here- inafter referred to as "ASSOCIATION," W I T N E S S E T H WHEREAS, CITY has acquired property for the construc- tion of the San Joaquin Hills Park; and WHEREAS, a portion of that park shall be devoted to the sport of lawn bowling; and WHEREAS, it is desirable and necessary for the CITY to have the bowling greens in that park maintained in a proper manner; and WHEREAS, the CITY and ASSOCIATION have in the past contracted for the ASSOCIATION to maintain bowling greens at another location in the City of Newport Beach; and WHEREAS, CITY has determined that the ASSOCIATION is fully capable of maintaining the greens at the San Joaquin Hills Park; and WHEREAS, it is anticipated that ASSOCIATION will, at a future date, construct and donate to CITY a clubhouse on the "Leased Premises," NOW, THEREFORE, IN CONSIDERATION of the premises it is mutually agreed by and between the parties as follows: 1. CITY does hereby lease to ASSOCIATION for the uses and purposes hereinafter set forth and for the term here- in provided, that portion of San Joaquin Hills Park in the -1- 0 0 City of Newport Beach described in Exhibit "A" attached hereto (by this reference made a part hereof), and hereinafter referred to as the "Leased Premises." 2. This Agreement shall become effective on July 1, 1973 and the term of this Agreement shall be for a period of twenty -five (25) years from this effective date. 3. During the term of "this Agreement, ASSOCIATION shall have the use of the "Leased Premises." Said use shall be for the purpose of conducting the game of lawn bowling by members of the general public and for purposes attendant thereto. 4. All persons who conform to the following rules and regulations established by ASSOCIATION and approved by CITY, shall be permitted to use the bowling green facilities: (a) Any person who is an experienced lawn bowler may use these greens under playing conditions which have been established by the ASSOCIATION for all players. Persons who are not experienced lawn bowlers shall not use the greens prior to approval by the ASSOCIATION. A competent instructor furnished by the ASSOCIATION shall instruct beginners prior to their use of the greens, and a fee may be assessed for this instruction. (b) The days and hours during which play shall be permitted on the greens shall be established by the ASSOCIA- TION with due regard for the condition of the soil and the grass. Use of the greens shall not be permitted at times other than those approved by the ASSOCIATION. (c) Any person desiring to participate in lawn bowling shall apply for membership in the ASSOCIATION and pay the established ASSOCIATION fees and dues. (d) Priority of application to the ASSOCIATION shall be the determining rule in placing persons in games on -2- 0 0 ordinary play days. Special consideration shall be given to tournament or visiting players. (e) Unusually loud or objectionable language shall not be permitted on the "Leased Premises." (f) Rules of play as established by the American Lawn Bowling Association shall prevail except where modified by local rules or conditions. 5. ASSOCIATION shall maintain and shall be responsible for the maintenance of the lawn bowling greens. CITY shall, at its own cost, furnish all water necessary for such main- tenance. ASSOCIATION shall furnish at its own expense all necessary fertilizer and other supplies to perform the main- tenance of these greens. 6. As compensation for maintaining the bowling greens as hereinabove provided, CITY agrees to pay to ASSOCIATION the sum of seventy -five dollars ($75.00) per month. In the event that CITY determines that this amount should be increased to reflect increased maintenance costs, this Agreement shall be amended in the manner set forth in Paragraph 16 (b) herein. 7. ASSOCIATION agrees that it shall not assign, mortgage or hypothecate its interest under this Agreement, nor shall it let or sublet the whole or any part of the "Leased Premises" described herein, and any attempt to do so shall be void. This Agreement, or any interest therein, shall not be transferable by operation of law by reason of any bankruptcy, insolvency or receivership proceedings or attachment, execu- tion or other judicial process or sale by or against the ASSOCIATION. 8. ASSOCIATION shall provide at its own expense and through insurance companies approved by the CITY the following -3- • 0 insurance coverage: (a) General comprehensive and liability insurance in the below- stated minimum amount in which the insurance policy shall name CITY as a co- insured and shall protect CITY from any and all liabilities, suits and judgments during the en- tire term of this Agreement. Personal Injury - $100,000 per person. (b) ASSOCIATION shall provide appropriate Work- men's Compensation Insurance coverage for any individual it employs to maintain the bowling greens on the "Leased Premises." 9. It is further mutually agreed that any and all improvements placed upon the "Leased Premises" by ASSOCIATION which are in the nature of fixtures shall remain upon the premises at the termination of this Agreement and shall be and become the property of CITY. 10. Any and all fees, dues or other funds collected by ASSOCIATION shall be used to defray the cost of maintaining the "Leased Premises," and for such other activities related to the sport of lawn bowling as ASSOCIATION deems to be proper. CITY may inspect ASSOCIATION'S books at any time and ASSOCIATION shall provide an annual financial accounting to CITY. 11. It is mutually agreed by and between the parties that time is of the essence in this Agreement. 12. If default shall be made in any of the promises or conditions contained herein, CITY may, at its option, and at any time after such default or breach and without notice or demand to ASSOCIATION or any other person, reenter and take possession of the premises and remove all persons therefrom. 13. At all times during the term of this Agreement, CITY shall have the right to enter upon the "Leased Premises" -4- for the purpose of making such inspection as CITY may elect. 14. CITY may, at its option, exercise all rights or remedies which it may have either at law or in equity and nothing herein shall be construed to abridge or waive any such rights and /or remedies. Consent, waiver or compromise by CITY in any of the provisions of this Agreement or as to any breach or default hereunder by ASSOCIATION shall not constitute and shall not be construed as a waiver of CITY'S right to enforce strict interpretation and performance of the conditions and terms of this Agreement. 15. It is mutually agreed between the parties hereto that the ASSOCIATION shall be responsible for any and all taxes assessed against the "Leased Premises." 16. It is further mutually agreed between the parties as follows: (a) That this document represents the complete under- standing between the parties with respect to matters set forth herein; and (b) That no amendment or modification of this Agree- ment shall be valid unless evidenced in writing and signed by the parties hereto. 17. ASSOCIATION further agrees that in the use of the "Leased Premises" and in the construction of improvements there- on, it shall comply with all Federal, State, County and City laws, ordinances, rules and regulations relating thereto. 18. It is further mutually agreed by and between the parties that should ASSOCIATION default in any of the agreements herein, and such default not be remedied within ten (10) days after written notice, CITY may declare this lease terminated in whole or in part without further notice to ASSOCIATION. -5- IN WITNESS WHEREOF, the parties hereto have set their hands the day and year as is first written above. '\ CITY OF NEWPORT BEACH ATTEST: ,�y ZL .�F.o N/ By.4��ILCz(i�� City Clerks Mayor APPROVED AS TO F rM: A'�V'U'j City At orn NEWPORT HARBOR LAWN BOWLING ASSOCIATION By: By: G� r CITY OF NEWPORT BEACH - PUBLIC WORKS DEPARTMENT DESCRIPTION FORM PROJECT Lawn Bowling Association Lease PARCEL No. LOCATION San Joaquin Hills Park REF. DWG. P- 5050 -S PURPOSE Lease of Clubhouse Site and Bowling Greens DATE PREPARED A.I.M. CHECKED K.L.P. PROOFED That portion of Block 93, Irvine's Subdivision, in the City of Newport Beach, County of Orange, State of California as per map recorded in Book 1, Page 88 of Miscellaneous Record Maps in the office of the county recorder of said county, described as follows: Beginning at the most northerly corner of the land described in a deed to the Southern California Edison Company recorded in Book 8166, Page 163, Official Records of said County; thence south 49026'59" east 217.65 feet along the northeasterly line of said land; thence north 42000'00" east 48.00 feet; thence north 48000'00" west 26.00 feet to the TRUE POINT OF BEGINNING: thence continuing north 48000100" west 75.00 feet; thence north 42000'00" east 45.00 feet; thence north 48000'00" west 65.00 feet; thence north 42000'00" east 140.00 feet; thence south 48000'00" east 28.00 feet; thence north 42000'00" east 140 feet; thence south 48000'00" east 140.00 feet; thence south 42000'00" west 140.00 feet; thence north 48000'00" west 28.00 feet; thence south 42000'00" west 185.00 feet to the TRUE POINT OF BEGINNING. , EXHIBIT "A" r� , EXHIBIT "A" RESOLUTION NO. _Z_8_6 g A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT HARBOR LAWN BOWLING ASSOCIATION IN CON - NECTION WITH LEASING AND MAINTAINING LAWN BOWLING GREENS AT SAN JOAQUIN HILLS PARK WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain agreement between the City of Newport Beach and the Newport Harbor Lawn Bowling Association for the leasing and maintenance of lawn bowling greens at San Joaquin Hills Park; and WHEREAS, the City Council has considered the terms and conditions of said agreement and found them to be fair and equitable; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said agreement above des- cribed is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 13th day of November , 1972. Mayor ATTEST: City Clerk DON dm 11/&� 72