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
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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
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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.
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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
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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
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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
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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
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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"
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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.
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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