HomeMy WebLinkAboutC-1674 - Lease agreement for First Baptist Church Cliff Drive View ParkTAT= 2 CAa;F02,tito— c';PNCSS AND
DEPARTMENT OF TRANSRORTATiOiN
0f57'ICT 7, CO. BOX 2304, COS ANGELES 90054
AG'NCY
a'
August 21, 1974 .
o7/R:d -ORA -I -18.6
Acct, o040468- Ooi -oi
ri< ^. Robert L. Wynn
City Manager
City of Newport Beach
3300 West Newport Boulevard rl.
Newport Beach, California 92660
Dear 241 Wynn:
As you requested, attached is copy of oar Lease with
the Baptist Church which we will- assign to yoti on the date
that the Deed from the State to the City covering the sub-
ject property is recorded.
Very truly ;yours,
RICHARD S. HARRIS, Chief
Right of Way Property Services
& Clearance Branch
RSH:ra
attach.
P. .
L E A S E
Net :p'Bea_:_, California
THIS LVA3E, made this 2nd day of April, 1973, at Los Angeles,
California, by and between_ the State of California; Department of
Public Works, Division of Highways, hereinafter called, Lessor, and
FIRST BAPTIST CHURCH OF NTEWPORT BEACH, hereinafter called Lessee.,
of 2)0i Cliff Drive, Newport Beach, California, 92660:
i W 1 T N E S S E T H
That the Lessor, in'ecnsideration of the payment of the rent
hereinafter specified to be paid by the Lessee, and the covenants .
and agreements herein contained, does hereby lease, demise and let
unto Lessee that certain property consisting of a. 1-7--story church
building and a 1 -story education - office building, together with
inventory attached hereto in the County of Orange, State of
California, the address of which is 2501 Cliff Drive, in the City
of Newport Beach, and legally described as followst
That portion of Lot A of Tract No. 919, in the City.
of Newport Beach, County of Orange; State. of California,,.
as per.map recorded in Book 29 pages 31 to 34, inclusive,:
of Miscellaneous liaps, in the. office of the County
Recorder of said county,
including improvements, if any, for a term of three (3). years,
commencing on the ist day of June, 1973, and ending on the 31st
day of May, 1976, with the right of cancellation and termination
in both Lessor and Lessee as hereinafter se, for th ,
at the total
rental of Twenty -Four Thousand Three Hundred Dollars ( .$24,3oo.o0)
payable to the o' d,: r of the State, of 1{ Division of Yl= L i4j'S�
LL
y625 .CC north im June 1, 197 ', to ay 31 97 =; - :75.00 ner;
month fr<.:a June 1, 1974 to May 31, 1975: and 7725.00 ner month
iron Jun-- 1, 1975 to May 31, 1976, in advance or, the 1st day of,
each and avery month thereafter; c cepting that receipt is hereby
acknowled -,ed by the Lessor of the sum of $1,350.00 from the Lessee,
In payment of the first and last months' rental under this Lease.
Pa of security deposit in the amount. of - 01200100.1" is 4auar ,
h°x eb y acknowledged.:.All rental payments shall be delivered.to
., .
the office of the Division of Highways, Right of Way Department,.
at 120 South Spring Street, Los Angeles, California, 90012.
The herein- described property is not, at this date, being
used for State highway purposes within the meaning of Section
lo4.6, Streets and Highways Code.
Lessee hereby covenants and agrees as follows:
(1) To use the property for the following purposes only:
Commercial - Church and educational facility.
(2) To perform all acts or work in connection with .rehabilita-
Lion maintenance or repairs, if any.
(3) To pay Lessor said rent as hereinabove provided, and in
addition thereto,, to pay when. due all water, electric, gas and. other
lighting, heating and power rents and charges accruing or, payable in'°
connection with said property du_•ing the term of this Lease; and to
permit Lessor or its agents to enter said property at any reasonable
time to inspect the same. "
(4) Lessee recognizes and. understands in. accepting this Lease
that his interest therein maybe subject tp a possible Possessory
j
Interec- Tax that the City or County map i:!pose or suc ^.interest,
and tha t; such tax payments shall not reduce any rent duc the State
hereunder and any such tax shall be the liabi__`, of and be paid
i
(2)
(5) No to aWgn or sublet this Lease *,d nc; to make or
suffer any alteration to be made in or on said pro perty, without
the .,;ri_- en consent of the Lessor, provided, however, if the leased
property includes a building improvement adaptable to subletting into
separate units, Lessee may let or sublet such units,.but not other-
wise. Lessee further agrees to comply with all State laws and local
ordinances concerning said property* and the use thereof, not to use
or permit the use of said property for any illegal or immoral purposes:_::
(b) Lessee'specifically. waives. as am oblicgatiorta' "I�sssvr -tY� ,
provisions of Sections 1941 and.1942 of the Civil Code. 77
It is-specifically agreed and understood that - -Lessee shalls
not call on Lessor to make any improvements. or repairs'-on-said
property of any nature whatsoever; but Lessee hereby specifically
covenants and agrees to keep the same in good order and condition
at his own cost and expense; and further, in the event the terms
of this Lease, as above provided, permit the subletting of portions
of the property herein for human habitation, then Lessee covenants and
agrees to assume all the obligations and conditions to any subtenants,
within' the meaning of Sections 1941 and 1942 of the Civil Code, which
read as follows:
"1941. Obligations of Lessor. The Lessor of z building intended
for the occunation of human beings must, in the absence of an agree-
ment.to the contrary, put it into a condition fit for such o3cupation,
and repair all subsequent dilapidations thereof, which render it un- ._._
tenantable; except as are mentioned in Section nineteen hundred and
twenty-nine."
"1942. I£ within 8 reasonable time after nO -iC _° t0 Le35or, of
dilapidations which he ought to repair, .. .. zlec1s t0 d0 SO, tr-
.,essee may _'epair �'- same himself, where th ost such repairs
does not quire an expenditure greater than one mc_ 's rent of the
premises, and deduct the expenses of such repairs from the rent, or
the Lessee may vacate the premises, in which case he shall be dis-
charged from further payment of rent, or performance of other condi-
tions ."
r- 7) Lessee agrees not to commit, suffer or permit'any waste on
said property and further agrees that the exterior and interior of
said premises shall be maintained in a manner commensurate with
privately -owned properties in the neighborhood. That ddrtnX:?.thes
term of said Lease or 90 days prior to the expiration of said term-
the Lessor may designate certain painting, repairs or.rehabilitatan
maintenance work to be performed by the Lessee, at.Lessee's_expensj�4
to maintain this standard. In the event the Lessee fails to comply
with said notice within 90 days, then the Lessor may cause such
rehabilitation maintenance work to be performed with the cost thereof
being paid from the security deposit established to guarantee such
maintenance.
(8) The Lessor shall be the sole judge as to the amount and
extent of maintenance work to be performed and the .compliance by the
Lessee pursuant to notice given to perform such work. ..
(9) This Lease shall be subject to cancellation and termination
by either party at any time during the term hereof.by giving the other
party notice in writing at least sixty (60) days next prior to the
date when such termination shall become effective. In the event of .,_•I
such termir-:atio6, any unearned rental paid by Lessee shall be..retu_^zed.
to Lessee.
The Lessee agrees to oermit the Le sor reasonable ac -ess. to
show the ..,operty to prospective lessees witni slx y {00) days prior
(4)
(i0 ^,ll not es h^ =1n tC `ens __ which r..-.ay be
7.V t'f1, by either party to the other, S;?gll 'v2 d:�2rna�. t0 have been
fully i'.'en :hen serried personally on Lessor or Lessee, or when made
in writing and deposited in the United States mail, certified and
postage prepaid, and addressed to the Lessee at address above stated
and to Lessor, c% Division of Highways, Box 2304, Terminal Annex,
Los Angeles, California 90051. The address to which the notices shall -
or may be mailed as aforesaid to either party shall or may be changed
by written notice given by such party to the other, as hereinbefore.
provided, but nothing herein contained shall preclude the giving of
any such notice by personal service.
(11) To pay Lessor all costs and expenses, including attorney's
fees in a reasonable sum, in any action brought by Lessor to recover
any rent due and unpaid hereunder, or for the breach of any of the
covenants or agreements contained in the Lease, or to recover possessio:
of said property, whether such action progress to judgment or not.
(12) if any rent shall be due and unpaid, or if default shall be
made in any of the covenants or agreements on the part of the Lessee
contained in this Lease, Lessor may, at its option, at any time after
-such default or breach, and without any demand on or notice to Lessee
or to any other person, of any kind. whatsoever, re -enter and take
possession of said property and remove all persons therefrom., and
Lessee waives any legal reedy to defeat Lessor's rights and possession
hereunder.
(13) At the expiration of said term; or any sooner termination of
this Lease, to auit and surrender possession of said property and its
appurtenances to the Lessor in as food order a..d condition as the
property .:as delive-ed to !:,e uede,sl.'..-d
(5)
icllo,ri::; perfor:n0e of maintenance xor': a eaui: by the Terms
of Auct'..on or the Lesscr, reasonable and tear _.-A damage by the -I
element: and other casualties excepte'. Any funds _emainin;�, in the
security deposit not used or, allocated_ for the purpose for which it
was established will be returned to
s
Lease is terminated prior to its fu
security deposit have been expended
will be made on a prorata basis for
term.
(14) Lessee shall not assign,
the Lessee. In the event the
C1 term and the funds in the
entirely or in part-, refund
the unused portion of the Lease
sublet or otherwise transfer
this lease or any portion thereof and any attempt to do so shall be
i
voidable and of no effect for any purpose and shall furnish grounds
for immediate termination of this Lease.
No holding over by Lessee shall operate to renew this
Lease :rlthout the written consent of the Lessor endorsed thereon.
Should the Lessee hold over after the expiration of
the term of this Lease, with the consent of the Lessor, expressed
or implied, said tenancy shall be deemed to be a tenancy only from
month -to- month, subject otherwise to all of the terms and conditions
of this Lease so far as applicable.
(15) In the event there is any prior existing Lease or Rental
Agreement between the Lessee and State, or its 'predecessor in interest,
covering the subject property, it is agreed and understood that this
Lease shall cancel and terminate said prior Lease or Rental Agreement
as of the effective date of this Lease.
(16) That this Lease is made upon the express condition tha t
the State of California, its officers, agents and employees are to
be free from all liability' and claim C'o _' d� -? [? � _ r?aSQ:I O:' a: -,v
injury to any person or persons, incluf -ir:g Lessee, or property: of any
(6)
Ki:':; 'r:n ?:;g Oi?'7?» and tO i:iOT1S O2V2T' b(-'!Oi1 �1''_ ;C!'u i: Lessee, from . ..a
any c�",- se Or causelk::haTsoever ihile in, Ua Gn, or any i1ay connected
with the said leased premises or the side:al!_s an`apent thereto during
the term of this Lease or any extension hereof Or any occupancy here-
under, Lessee hereby covenanting and agreeing to indemnify and save
harmless the State of California, its officers, agents and employees
from all liability, loss, cost and obligations on account-of or arising;
out of any such injuries or losses however occurring.
(17) Lessor.will not: keep -said propertye.instre8'agains .
or any other insurable risk, and Lessee ,will, make. ^.no...cl.ai='of'�-arty
nature against Lessor by reason of any damage to said - property =in -the .
event same is damaged or destroyed by fire or by'any= other - ,cause;.
(18) The Lessee shall, at his own expense,.take.<out.:and keep <' i�.'
force during the within tenancy (a) public liability insurance, in a
company or companies to be approved by the Lessor, . to protect against
any liability to the public incident to the use of, or resulting from
injury to, or death of, any person occurring in, or about, the demised
premises, in an amount of not.less than $100,000.00 to indemnify
against, the claim of one person, and in an amount of not less than'
$200,000.00 against the claims of two or more persons resulting from
any one accident, and (b) property damage or other insurance in a
company or companies to be approved by the Lessor, to protect Lessor,
its officers, agents, and employees, against any and every liability
Incident to the use of or resulting from any and every cause occurring
in, or about, the demised premises, including any and all liability
of the Lessor for damage to vehicles parked on the demised premises,
in an.amount of not less than $50,000.00. Said policies shall inure
to the contin7ent liabilities, it any, __ .,'i" - �SSOr anl 'O -'i iCerS.
agents, and employees of Lessor and shall obl -date the insurance
(7)
i
arriers tc notify Lessor, in viri ting, not 'less ^-Uha:. 'ifteen (1 5) days
Prior to t''_ cancelption thereof, or any otnv char_ affecting the
coverage of the policies. If said policies contain any exclusion
concernln3 property in the care, custody, or control of the insured,
an endorsement shall be attached thereto sating that exclusion shall
not apply w1th regard to any liability to the State of California, its
officers, agents, or employees.. Lessee shall furnish to Lessor a
certified copy of each and every such policy within not more than ten
(10) days after the effective date of the policy. 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 and payable
as such on the next day upon which rent becomes due hereunder.
(19) The Lessee, for himself, his personal representatives,
successors, in interest, and assigns, as a part of the consideration
thereof, does hereby covenant and agree as a covenant running with
the land that (a) no person, on the grounds of race, color, or national,
origin shall be excluded from participation in, be denied the benefits
of, or be otherwise subjected to discrimination in the use of said
facilities, (b) that in connection with the construction of any
improvements on paid lands and the furnishing of services thereon, no
discrimination shall be practiced in the selection of employees and
contractors, by contractors in the selection, and retention of first
tier subcontractors, and by first -tier subcontractors in the selection
and retention of second -tier subcontractors, (c) that such discrimina
tion shall not be practiced against the public in their access to and
use of the facilities and services provided for public accommodations,
such as eatin„ sleepin„ rest, recr3at_ --r. ......
constructed or operated on, over, or under t`e s uce of the right of
(8)
s•,ay, and (d) that 0 Lessee shall use the prises in compliance with
all ot_-er requirements imposed oursu'ant to Title i5, Code of Federal
Regulations, Ccmmerce and Forei n Trade, S- abt_tle- A. Office of the
Secretary of CoTerce, Part 8 (15 CFR, Part 8 }, and as said Regulations
may be amended.
(20) That in the event of breach of any of the above non-
discrimination covenants, the State shall have the right to terminate
the Lease and to re -enter and repossess said land and the facilities
thereon, and hold the same as if said Lease had never been made or
issued.
(21) •It is agreed by the parties to this Lease that when the
property or any portion of the property is needed for clearance for
freeway construction, th�State as Lessor, may at its discretion,
serve timely notices of termination of occupancy and notice to vacate
on the tenants of the building or that portion of the building which
may be needed for said construction and that when said tenants vacate
the building, a prorata reduction in the.rental rate will be made for
the loss of income for those tenants who have vacated. The Lessee
agrees to furnish the Lessor the names and addresses of those tenants .
whom the Lessor must vacate in order to effect clearance for freeway
constriction.
(22) The Lessee agrees that only one sign, First Baptist Church
of Newport Beach, shall be placed on the premises and 'that any other
signs or other painting shall be obliterated in a neat and worlcman-
like manner.
Anything herein contained to the contrary rot4ithstanding,
this. - '3ase nay be terminated, and the prov'sions of this Lease may
be, in writing, altered, chanted o *_ a�. ^.::'ad - -a2 consert of
the p`_-ties hereto.
(9)
INv WITi,'" -"SJ i-Alri , the parties he: --to ^.o s °- heir hands
and sews the day and year in this Lease first above written.
FIRST BAPTIST CHURCH OF IE'IVPORT BEACH
By
Homer Christian
r
Dr. Francis Wiiliams, Secretary
STATE OF CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
DIVISION OF HIGH•!AV_S
II
By
mmzy
strict Right of Way Ageent
PI�:h (10)
N
INVENTORY
Built -in Range with Double Oven
Garbage Disposal
Communion Rail complete with Kneeling Rail
Credence Shelves (3)
Almo Bason Rack
Public Address System complete with Microphone and Wall -
mounted Speakers
Custom Heavy Duty Dossal Curtain, 12 sq. yds.
Custom Windom Drapes, 44 sq. yds.
Sewer Ejector Pump with.l H.P. Electric Motor
General Americana Ventilation System Wall- mounted,
Model CA, Size 72, Serial No. A -3, with G.E. Electric
Motor 1/3 H.P., Model 5KH38PGll4B
Wood Platform Covered with Carpet
Utility Appliance Corp. Air Conditioner, Water Cooled,
Roof Mounted, Model 3000 -2, 1/2 H.P., G.E. Motor
Serial No. M'KH3uP"T
November 129 1974
Dr..Francis J. Williams
330 Placentia - Suite 205
Newport Beach, California 92660
Dear Dr. Williams:
The City Council on November 11th approved of the
resolution accepting the lease between the First
Baptist Church and the State Division of Highways.
In addition, the City Council requested the prepara-
tion of a park development plan for the area. The
church will be notified of the planning study session
in which this subject is to be discussed.
Please instruct your church treasurer that all future
rental payments are to be made to the City of Newport
Beach.
G -/6 %7t4-
' •
`V /
Thank you for your understanding and cooperation in
this matter.
Sincerely,
ROBERT L. WYNN
City Manager
RLW:mm
CC: Mr. George Pappas, Finance Director
Mr. Calvin Stewart, Parks, Beaches
and Recreation Director
STATE OF CALIFO2NIA- 31JSINESS ANO TRANS7f`_'ATION AGENCY RONALD REAGAN, Governor
DEPAPTMENT OF TRAN5P02T.DON
CI ST21CT 7, P.O. BOX 2304, LOS ANGELES 90054
December 16, 1974
07 -ora -1 -18.6
Acct, 0040468 -001 -01
2501 Cliff Drive
Newport Beach, California
First Baptist Church of
Newport Peach
2501.Cliff Drive
Newport Beach, California
Gentlemen:
We recently sold the church you occupied at the above
address to the City of Newport Beach,
The Directors Deed was recorded as of November 25, 19740
Any rental monies paid after that date will be prorated to
the City of Ne *sport Beach and all future rent payments should be
paid to the City of Newport Beach.
Very truly yours,
PAUL M. GERARD
Property Management 'Section
D n Del
STATE OF CALIFORNIA— BUSINESS AND TP.>NSPUHIA;IUN AGtNIT
GZP/a4.AAE`iT OF TF'ANS P OR,���l
DISTRICT, 7,P.O. BOX 2703, LOS ANGELES 9003a�
December 23, 1974
.07 -ORA- 1 -20.2
Director's Deed
No. DD 057847 -01 -01
City of Newport Beach
1714 W. Balboa Blvd.
Newport Beach, Calif. 92650
a Attn: Mr. Robert Wynn
City Manager
Gentlemen:
Enclosed is the original executed Director's Deed
conveying the property at 2501 Cliff Drive to the
City..
Also enclosed is a copy of the letter to the church
advising them of this conveyance. The November rent
has not been received as yet therefore you should
co ec rpm tha —CHU:'ch` M rents due you.
Very truly yours,
ED PURPUS
Right of Way Agent
Excess Land Sales
EP:ft
0 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
November 11, 1974
COUNCIL AGENDA NO. G -3
TO: MAYOR AND CITY COUNCIL
FROM: City Manager
SUBJECT: LEASE WITH FIRST BAPTIST CHURCH
RECOMMENDATIONS:
Approve the Resolution assuming the existing lease between
the First Baptist Church and the State of California, per-
mitting the church to use the building at 2501 Cliff Drive.
2. Direct the Parks, Beaches & Recreation Commission to pre-
pare a development plan for the subject property, as well
as the adjacent two lots purchased approximately one year
ago.
DISCUSSION:
On April 2, 1973 the California State Department of Public Works
entered into an agreement with the First Baptist Church of Newport Beach for
use of the property at 2501 Cliff Drive. The basic details of the lease is
attached as Exhibit "A ". The City, as owner of this property, now must decide
whether to honor the lease or to terminate it as provided by the conditions or
terms of the lease document.
It is suggested here that the City honor the lease which, unless
cancelled by either party, is good until May 31, 1976 and to direct the Parks,
Beaches & Recreation Commission to prepare a development plan. This plan
should be completed for review and acceptance by the City Council within one
year. At that time a decision can be made by the City Council to either ex-
tend the lease if it is compatible with the development plan, or to terminate
it on May 31, 1976. It may be that a plan can be developed that will be com-
patible with the church use and the City could utilize the rental payments to
assist in the maintenance of the public park facilities. It also may be that
the Parks, Beaches & Recreation Commission would find that the use by the
church would be incompatible with public park usage. However, this will not
be known until after the City develops a park plan for the Cliff Drive area.
A number of meetings have been held with the representatives of the
First Baptist Church and the recommended course of action is acceptable to
them. They have indicated, however, that if the City terminates the lease,
after preparation and approval of the park plan, they would appreciate more
than one year's notice to relocate to another area. They have indicated to
;_ _
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Page -2-
me that in the interim, if the Council accepted this recommendation, that
the church facility would be available for use by the Homeowners Association
in the area for just a cleanup charge. It is believed that this use is de-
sired by the Homeowners Association and would fill a need in their area.
i
i
RLW:mm ' ROBERT L. WYNN
2501 CLIFF DRIVE
EXHIBIT "A"
First Baptist Church uses the facility on a regular basis:
Sundays -
All
day
for services
Wednesdays
- Mid
week
evening service
Tuesdays - Morning women's auxilary
There are other unscheduled uses for special programs, etc.
periodically.
LEASE SYNOPSIS
13-, story church building
1 story education - office building at 2501 Cliff Drive
Lease is a three (3) year term expiring May 31, 1976
Total rent (3 years) = $24,300.00
Monthly rents
Til May 31, 1975 - $675.00 /month
June 1, 1975 to May 31, 1976 - $725 /month
Security deposit of $1,200 has been acknowledged.
COVENANTS OF LEASE
1. To be used as church and educational facility.
2. Maintain and repair responsibility of Lessee.
3. All utilities responsibility of Lessee
4. Lessee to pay all possessory taxes.
5. Cannot be sub leased without approval of Lessor
6. If a sub -lease is approved the Lessee is responsible
for all obligations to sub tenants.
7. 90 days prior to termination of lease, the Lessor may
require maintenance work to be done at Lessee's expense.
-1-
Lease subject to cancellation by either party
upon written notice of (60) days.
9. Lessee responsible for all insurance: liability
must be $100,000 against the claim of one person,
$200,000 against the claim of 2 or more persons
resulting from one accident. Vehicle parking
damage of not less than $50,000
-2-
0 RESOLUTION NO. 8 37 6 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AGREEING TO ASSUME THE INTEREST
OF THE STATE OF CALIFORNIA IN A LEASE AGREEMENT
BETWEEN THE STATE AND THE FIRST BAPTIST CHURCH
OF NEWPORT BEACH AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE ANY NECESSARY DOCUMENTS IN
CONNECTION THEREWITH
WHEREAS, the City of Newport Beach has recently
purchased Parcel No. 40468 from the State of California,
located at 2501 Cliff Drive in the City of Newport Beach; and
WHEREAS, said property is encumbered with a lease
to the First Baptist Church of Newport Beach dated April 2,
1973, which will terminate on May 31, 1976, unless sooner
cancelled by either party upon sixty (60) days prior written
notice; and
WHEREAS, the City Council has reviewed the terms
and conditions of said lease and found them to be fair and
equitable; and
WHEREAS, the City Council wishes to assume the rights
and obligations of the State under said lease and be bound by
its terms and conditions;
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of Newport Beach hereby agrees to assume the rights
and obligations of the State under that certain lease agreement
between the State of California and the First Baptist Church
of Newport Beach dated April 2, 1973, and further agrees to
be bound by the terms and conditions therein;
BE IT FURTHER RESOLVED, that the Mayor and City Clerk
are hereby authorized -to execute any documents approved as to
-1-
i ~
0 0
form by the City Attorney which may be necessary to continue
said lease arrangement as described hereinabove.
ADOPTED this 11th day of November , 1974.
ATTEST:
City Clerk
Mayor
-2-
DDO /bc
11/5/74
ti
RESOLUTION NO. $344
A RESOLUTION OF THE CITY COUNCIL OF TF "• CITY
OF NEWPORT BEACH ACCEPTING THE OFFER BY THE
STATE DEPARTMENT OF TRANSPORTATION TO SELL
CERTAIN STATE -OWNED PROPERTY AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE THE
NECESSARY DOCUMENTS TO CONSUMMATE THE PURCHASE
WHEREAS, the California Department of Transportation
by letter dated August 9, 1974, has offered to sell certain
State -owned property to the City of Newport Beach for the
appraised value of Six Hundred and One Thousand Six Hundred
Dollars ($601,600.00); and
Newport
ETranspo
k
w
r pay the
Hundred
balance
i
X.�
WHEREAS, said property is located in the City of
Beach, and is generally described as Department of
rtation Parcels 57847, 40468, 41246 and 41356; and
WHEREAS, the terms'of the sale require the City to
amount of Four Hundred and Thirty-Six Thousand Six
Dollars ($436,600.00) to the State upon demand; the
of One Hundred and Sixty -Five Thousand Dollars
'($165,000.00.) will be subject to a Trust Deed and Note covering
payments of principal and interest at 7% per annum for a period
of five (5) years; and
WHEREAS, the City Council believes it to be in the
best interest of the City to purchase said parcels to be used
by. the general public specifically for parks, recreation and "
open space;
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of Newport Beach hereby accepts the offer of the
State Department of Transportation to sell Parcels 54847, 40468,
41246, and 41356, upon the terms and conditions expressed in
the letter from the Department of Transportation dated August 9,
1974;
BE IT FURTHER RESOLVED that the Mayor and City Clerk
are authorized to sign a duplicate copy of said letter, on
behalf of the City of Newport Beach, which shall constitute the
acceptance by the City of the State's offer to sell said
parccls-for the appraised value of $601;600.00;
-1 .