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HomeMy WebLinkAboutC-1725 - Lease agreement for property at 5th & Marguerite in Corona del MarINSURANCE COMPANY OF NORTH AMERICA AND PACIFILIOLOYERS GROUP Of INSURANCE CO ES CERTIFICATE OF INSURANCE (This Certificate of Insurance neither affirmatively nor negatively amends, extends or alters the coverage, limits, terms or conditions of the policies it certificates.) ' i4is is to Qkrtiig to COMPANY CODES CITY OF NEWPORT BEACH, CALIFORNIA Newport Beach, California IM ALLIED INSURANCE CO. © PACIFIC EMPLOYERS 30 Day notice of cancellation and /or changes in policy limits shall be mailed to the certificate [M PACIFIC EMPL SURANCE L,holder shown above. _] 1E INSURANCE R w R OF NORT IC . ` t that the following described policy or policies, issued by The Company as coded below, providing insurance only for n p:7 4 hazards checked by "X" below, have been issued to: rl cy 0 Name and Address Cardin School of Corona Del Mar 0 C�2 1, J of Insured— 3300 Fifth Avenue, Corona Del Mar, California 92625 � ofN441"tgeaen (�\1 covering in accordance with the terms thereof, at the following locatian(s): 6 M TYPE OF POLICY NAXARDE CO. CODE POLICY NUMBER POLICY PERIOD LIM Y (a) Standard Workmen's Statutory W. C. Compensation & ❑ ❑ $ One Accident and Employers' Liability Aggregate Disease (b) General Liability Premises—Operations (including "In- cidental Contracts" as defined below) ® ® SP50785 9/12/76 to 5500 r 000 Each Person a Elevators ❑ ❑ 9/12/77 )❑ Accident Independent Contractors ❑ 11 $500,000 Each �� Occurrence °o Completed Operations/Prodmts ❑ ❑ m Contractual, (Specific type as de- $500,000 Aggregate -- Completed scribed in footnote below) ❑ ❑ Operations /Products Premises - Operations, (Including S❑ Accident m "Incidental Contracts' as defined $ below) ❑ ❑ $ 50,000 Each " 1�Occurrence " Elevators ° ❑ ❑ $ 50,000 Aggregate- -Prem. /Open. d Independent Contractors ❑ ❑ $ 50,000 A ggregate— Protective o Completed Operations /Products ❑ ❑ $ Aggregate — Completed a Operations/Products Contractual, (Specific type as de- ❑ ❑ scribed in footnote below) $ 50,000 Aggregate -- Contractual (c) Automobile Liability Owned Automobiles ❑ El Each Person >t Hired Automobiles S❑0 Accident $ Each Non -owned Automobiles ❑ Q _ 2❑ Occurrence Owned Automobiles ❑ ❑ S ❑ Accident Q g� Hired Automobiles ❑ ❑ $ Each )❑ Occurrence Non owned Automobiles El (d)IT IS HEREBY UNDERSTOOD IND AG ED T THE CITY 0 NEWPORT BEACH, ITS OFFICERS, AGENTS AND EMPLOYEES ARE HEREBY NAME AS ITIO AL NAMED INSU D'S AS RESPECTS TO THE PREMISES OF 3300 FIFTH AVENUE, CORONA DEL D R, C Jr., WHICH IS OWNED BY THE CITY OF NEWPORT BEACH AND D__B 'LYRE —NAME — -- — -- Conrtactual Footnote: Subject to all the policy terms applicable, specific contractual liability coverage is provided as respectsM a contract / ❑ purchase order agreements / ❑ all contracts (check applicable blocks) between the Insured and: Name of Other Party: Dated (if applicable): contract Of 7/14/75 Contract No. (if any): Description (or Job): Definitions: "Incidental contract" means any written (1) lease of premises (2) easement agreement, except in connection with construction or demoliticn operations on or adjacent to a railroad, (3) undertaking to indemnify a municipality required by municipal o finance, except in connection with work for the municipality, (4) sidetrack agreement, or (5) elevator maintenance a - It is the intention of the company that in the event of cancelation of the policy or policies by the company, ten (10) days' written notice of such 1�y cancelation will be given to you at the address stated above. Atyfsorized Representative LC -1389. "1.79 PRINTED IN U.S.A. 1. ORIGINAL 4( ;f :..: _.:. .. ,.:....m RESOLUTION NO. 8735 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH EXTENDING THE LEASE OF THE CARDEN SCHOOL FOR THE FIFTH AND MARGUERITE PROPERTY FOR A PERIOD OF ONE YEAR WHEREAS, on July 21, 1975, the City of Newport Beach entered into a lease agreement with John D. Wilson and Judith A. Wilson for the property and improvements situated thereon located at the northeast corner of the intersection of 5th Avenue and Marguerite Avenue as more particularly described in said lease agreement; and WHEREAS, said property is currently being used for the purpose of operating a private day school known as The Carden School of Corona del Mar; and WHEREAS, the term of said lease is from year to year, commencing on the 1st day of August of each year; and WHEREAS, Judith A. Wilson, as Director of the Carden School, has made a written request to the City Council to extend the lease for the following year; and WHEREAS, on April 12, 1976, the City Council considered the request of Carden School for a one year lease extension and determined that it was in the best interest of the City to grant such an extension. NOW, THEREFORE, BE IT RESOLVED that the lease agreement between the City of Newport Beach and John D. Wilson and Judith A. Wilson, dba The Carden School of Corona del Mar, dated July 21, 1975, is hereby extended for an additional period of one year, commencing on August 1, 1976. BE IT FURTHER RESOLVED that all of the terms and r A• 0 conditions of said lease agreement remain in full force and effect and are fully binding on the parties to said lease agreement. ADOPTED this 12th day of April , 1976. ATTEST: City Clerk DD© /bc 4/13/76 1 4 CITY OF NEWPORT BEACH CALIFORNIA DATE July 21, 1975 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1725 City Hall 3300 W. Newport Blvd, Area Code 714 673 -2110 Description of Contract Lease for City -owned property @ 5th 8 Marguerite, Corona ar Authorized by Resolution No. 8518 , adopted on June 23, 1975 Effective date of Contract July 21, 1975 Contract with Mr. and Mrs. John D. '-Filson e Carden School of Corona del Mar Address 2017 Miramsr Drive Balboa, CA 92661 Amount of Contract $1,875.00 per month 9 ity clerk July 21, 1975 Mr. cnd Mrs. John D. Wilson The Carden School of Coroa del Mar 2017 Miramar Drive Balboa, CA 92661 Re: Property at 5th and Marguerite, Corona del Mar Lease C -1725 Attached is an executed corny of the lease between yourselves and the City of Newport Reach for the above property on a year- to-year basis. The lease was authorized by the City Council at its meeting on June. 23, 1975 by the adoption of Resolution No. 8518. :. oris M. George Deputy City Cl.erY. DG:swY enc. cc: City Manager LEASE (5th & Marguerite Site) The Carden School of C6rona del Mar THIS LEASE, made and entered into this,��ay of , 1975, by and between the CITY OF NEWPORT BEACH, a Municipal Corpora- tion, hereinafter referred to as "City ", and JOHN D. WILSON and JUDITH A. WILSON, husband and wife, doing business as The Carden School of Corona del Mar, 2017 Miramar Drive, Balboa, California 92661, hereinafter referred to as "Lessee ": W I T N E S S E T H: A. City holds title to that certain real property consist- ing of two classroom buildings and administrative building in the City of Newport Beach, County of Orange, State of California, located at the northeast corner of the intersection of 5th Avenue and Marguerite Avenue and which is described as: A portion of Block 96 of the Irvine Sub- division, recorded in Book 1, page 88, Official Records of Orange County, as more particularly described on attached Exhibit I and shown on attached Exhibit II. B. City proposes to lease to lessee the premises described hereinabove and the structures located thereon and lessee proposes to lease from City said real property and buildings, consistent with the terms, covenants and conditions contained hereinafter. C. City desires to retain controls over the use of said property, which controls are expressed by the terms, covenants and conditions contained hereinafter to protect the public interest in and to said property. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, hereinafter set forth, it is agreed as follows: 1. Leased Premises. City hereby leases to and lessee does hereby lease from the City the property described in paragraph A above. 2. Term. The term of this lease shall be from year to -1- H to 0 year commencing on the 1st day of August of each year, unless sooner terminated in the manner hereinafter provided. 3. Rental. Lessee shall pay to City, and City shall accept as rental for said demised premises, the sum of One Thousand Eight Hundred Seventy Five Dollars ($1,875.00) per month during each month of the term hereof payable monthly, in advance, on the first day of each and every month during the term hereof, and lessee shall pay to City the sum of Three Thousand Seven Hundred Fifty Dollars ($3,750.00) as payment for the first and last months' rental under this Lease. 4. Use. Lessee shall use the demised premises, together with the buildings located thereon, for the purpose of operating a private day school. 5. Alternate Business Activities. Lessee shall not grant any concession, license, permit or privilege to conduct any business or other operation for profit or alter the use or type of service on the demised premises without the prior written approval of the i City Manager. 6. Supervisory Control. City retains the power to exercise such supervisory control over the use and operation of the demised premises by lessee, with the right to enforce such rules, regulations and orders as may be deemed necessary by City in order to obtain compliance by lessee with the terms and conditions contained herein. Lessee agrees to comply with any such rules, regulations and orders. Any breach by lessee of the terms and conditions of this lease shall constitute grounds for termination. 7. Utilities and Maintenance. Lessee shall promptly pay for all utilities services furnished to it, such as gas, telephone, electricity and water, as well as provide for the day to day maintenance and repair of the buildings. Lessee shall paint the buildings, which are presently in a poor condition, weed and land- scape the area bordering 5th and Marguerite Avenues, and re- establish the playing field on the east portion on the demised premises. Lessee shall further make all necessary repairs to the -2- plumbing, electrical facilities and other portions of the buildings. S. Taxes. Lessee recognizes and understands that in accepting this lease that his interest in the demised premises may be subject to a possible possessory interest tax that may be imposed by County authority, and lessee shall pay said tax, should it be imposed, and such tax payment shall not reduce any rent due hereunder. 9. No Assignment or Subletting. Lessee shall not assign or sublet this lease, or any portion thereof, nor make or suffer any alteration to be made in or on said property, other than the main- tenance required hereinabove, without the prior written consent of the City Manager. 10. Assumption of Tenant Ability. Pursuant to Section 1942.1 of the California Civil Code, lessee specifically waives his rights under Section 1941 and 1942 of the California Civil Code, and lessee agrees that any improvements, repairs or maintenance of all or portions of the buildings, required to be done by lessee, are a part of the consideration for the rental hereunder, and the rental payments hereinbefore set forth, shall not be reduced. Lessee covenants and agrees to assume all of the obligations and conditions under Section 1941 and 1942 of the California Civil Code, which read as follows: " §1941. [Lessor to make dwelling -house fit for its purpose]. The lessor of a building intended for the occupation of human beings must, in the absence of an agreement to the contrary, put it into a condition fit for such occupation, and repair all subsequent dilapidations thereof, which render it untenantable, except such as are mentioned in section nineteen hundred and twenty -nine. §1942. [When lessee may make repairs, etc.] (a) If within a reasonable time after notice to the lessor, of dilapidations which he ought to repair, he neglects to do so, the lessee may repair the same himself, where the cost of such repairs does not require an expenditure greater than one month'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 discharged from further pay- ment of rent, or performance of other conditions. This remedy shall not be available to the lessee more than once in any 12 -month period. (b) For the -3- 0 0 purposes of this section, if a lessee acts to repair and deduct after the 30th day following notice, he is presumed to have acted after a reasonable time. The presumption established by this subdivision is a presumption affecting the burden of producing evidence." 11 Permits and Licenses. Lessee is using the demised premises for the operation of a private school. Prior to commenc- ing said operation, lessee shall obtain, and keep in force and effect during the term hereof, all permits, licenses or other entitle- ments to be used issued by any City, County, State, Federal or other governmental jurisdiction. Should any permit, license or other entitlement to use be lost or modified, lessee shall forthwith i terminate his operation or if necessary, a part thereof as is required by the loss and reduction of a license, permit, or entitle- ment to use. 12. Insurance - hold harmless. Lessee shall save and keep City, its officers, agents and employees, free and harmless from any and all claims or demands of any kind or nature whatsoever arising out of, or incident to, the use and occupancy of the premises herein demised. In partial performance of this obligation by lessee, lessee shall procure and at all times during the term of this lease, maintain in full force and effect, a policy or policies of public liability and property damage insurance protecting the City of Newport Beach, its officers, agents and employees from all claims or demands for damages. The policy, or policies shall provide for not less than Two Hundred Thousand Dollars ($200,000.00) for injury or death of one person, Five Hundred Thousand Dollars ($500,000.00) for injury or death of two or more persons, and Fifty Thousand Dollars ($50,000.00) for damages to property. The City Manager may require an increase in the amount of insurance from time to time in accordance with the changes and economic conditions. Said policy ' or policies shall contain an endorsement which shall provide as follows: "Within the limits set forth in this policy, to indemnify and save the City of Newport Beach, its officers, agents and -4- r 4 employees free and harmless from any damages, claims, loss or liability of any kind or nature whatsoever which the City of Newport Beach, its officers, agents or employees may hereafter sustain or suffer, or may be imposed upon them, arising out of, or any way connected with, the use or occupancy by.the insured, its servants, agents and employees, of the premises described in a lease granted to the insured by the City of Newport Beach, the City of Newport I Beach is named an additional insured under this policy. It is I further agreed that said insurance shall be primary insurance and shall not contribute with any other third party liability insurance available to the City of Newport Beach." I Lessee shall furnish, and maintain with the City, either the original policy or policies, or a certified copy, or copies, thereof. The policy or policies, shall be approved as to sufficiency by the City Manager and as to form by the City Attorney. Said policy or policies shall further contain a provision that they may not be terminated without prior thirty (30) days written notice to the City. 13. City's Right of Inspection. City reserves the right by its authorized agents, employees or representatives to enter the leased premises at any reasonable time to inspect the same or any part thereof and to attend to or protect the City's interest under this Lease. 14. Compliance with Laws. Lessee covenants and agrees to comply with all of the rules, regulations, statutes, ordinances and laws of the State of California, County of Orange, City of Newport Beach and any other governmental body or agency have a lawful jurisdiction over the demised premises or the business, enterprise or activities conducted thereon. 15. Surrender of Premises Upon Expiration or Termination. At the expiration of the term of this lease, or sooner termination of this lease, lessee shall quit and surrender possession of the property and appurtenances to the City in as good order and condition as the property was after lessee had performed the maintenance work -5- 0 0 as required under the terms and conditions of this lease, reasonable wear and tear and damage by the elements excepted. 16. Non - Compliance. If Lessee fails to comply with any of the terms and conditions of this lease, City may give to the lessee a notice in writing of such failure and specify therein the particulars in which lessee has failed to comply with the provisions of this lease. If Lessee fails for a period of ten (10) days after the giving of such notice to comply with the provisions of this lease, the City may, at its option, terminate this lease, and all rights of lessee herein shall cease and terminate and lessee shall immediately thereafter peacefully deliver possession of the premises to the City. 17. Default and Termination of Lease. A. Default. Time and each term, covenant and condition hereof are expressly made the essence of this lease. If lessee shall fail to comply with any of the terms, covenants, or conditions of this lease including the payment of rental herein reserved, at the time and in the amount herein required, and shall fail to remedy such default within thirty (30) days after service of a written notice from City so to do, or to commence in good faith to remedy any other default within thirty (30) days and there- after diligently prosecute the same to completion, or if lessee shall abandon or vacate the leased premises, City may, at its option, without further notice or demand, terminate this lease and enter upon the leased premises and take possession thereof and remove any and all persons therefrom with or without process of law. B. Termination. City and Lessee each respectively reserve the right to terminate this lease for any reason, and without cause, at any time by giving the other party ninety (90) days prior written notice of its intention to terminate. C. Surrender of Possession Upon Termination. Lessee covenants and agrees that upon the expiration or sooner termination of this lease, the lessee will peacefully surrender the leased premises with all buildings and improvements, in the same condition N 0 as when received, and as maintained and improved by lessee as required herein, less reasonable use and wear thereof, any damage by fire, act of God, or by the elements. Lessee expressly waives any right which it may have to relocation assistance or other costs in vacating the demised premises under the relocation law of the State of California, Section 7260 et. seq. California Government Code. Any improvements built, constructed or placed upon the demised premises by the lessee, or anyone holding by, under or through it, shall remain on the leased premises and become the property of the City without any costs to City upon termination of this lease, whether by lapse of time or by reason of default, unless the lessee elects removes said improvements within sixty (60) days following the expiration or termination hereof. D. Remedies Cumulative. The rights, powers, elections and remedies of the City contained in this lease shall be construed as cumulative and on one of them shall be exclusive of the other or exclusive of any rights or remedies allowed by law, in the exercise of one or more rights, powers, elections or remedies shall not appear or be deemed a waiver of City's right to exercise any other. E. No Waiver. No delay or omission of the City to exercise the right or power arising from any omission, neglect, or default of the lessee shall impair any such right or power or shall be construed as a waiver of any such omission, neglect or default on the part of the lessee or any acquiescence therein. No waiver of any breach of any of the terms, covenants, agreements, restrictions or conditions of this lease shall be construed as a waiver of any succeeding breach of the same or of any of the terms, covenants, agreements, restrictions or conditions of this lease. F. Holding Over. It is mutually agreed that if the lessee shall hold over after the expiration of this lease for any cause, such holding over shall be deemed a tenancy from month to month only, and upon the same terms, conditions and provisions of this lease. -7- G. Notice to Renew. Should lessee desire to renew this lease, he shall give City ninety (90) days advance written notice. The City is not bound or obligated to renew this lease. H. Liquidated Damages. Should lessee hold over after receipt of notice from City to terminate the lease as provided hereinabove, and not with the consent of City, it is agreed that the damages suffered by City are extremely difficult to ascertain and the parties hereto agree that liquidated damages will accrue to the City in the amout of $60.00 per day held over, in addition to rental charge payable on a perdiem basis for each day held over by lessee. 18. Attorneys Fees. Should the City be required to commence any legal proceedings to enforce a term, covenant or condition of this lease, the prevailing party shall be compensated by the other for all costs and attorneys' fees incurred by the prevailing party in prosecuting an action hereunder. 19. Notices. It is mutually agreed that any notice or notices provided for by this lease or by law, to be given or served upon the lessee, may be given or served by mail, registered or certified, with postage prepaid, and if intended for the City of Newport Beach, addressed to the City Manager, Newport Beach, California 92660 or at such other address as may hereafter be furnished to the lessee in writing and if intended for the lessee, addressed to lessee, 2017 Miramar Drive, Balboa, California 92661. Said notice may also be served personally from the other party, and such service shall be deemed complete at the expiration of forty -eight hours from and after the deposit in the United States Mail of such notice, demand or communication. 20. Assurances. The lessee gives to the City such assurances as are contained in attached Annex No. 1, as said assurances can apply to lessee, which is incorporated herein by this reference and any breach of any said assurances shall be cause for termination as hereinabove provided. ME IN WITNESS WHEREOF, the parties hereto have executed this lease as of the day and year first above written. ATTEST: City Clerk APP AS TO FORM: t f r CITY OF NEWPORT BEACH 4 rI Mayor THE CARDEN SCHOOL OF CORONA DEL MAR By V — n D. i so BY �rudith A. Wilson -9- 0 0 Beginning at a point on the northeasterly right -of -way line of Fifth Avenue, which point is at the beginning of the right -of- way line radius at the northeasterly inter- section of Fifth Avenue and Marguerite Avenue; thence southeasterly along said northeasterly right -of -way line a distance of 514.63 feet; thence northeasterly, along a line lying S. 40 °03'56" W, a distance of 313.75 feet; thence northwesterly, along a line lying S 59 125'16" E, to the intersection of said line with the southeasterly right -of -way line of Marguerite Avenue; thence southwesterly along said right -of -way line and following the right -of -way line radius at the northeasterly intersection of Fifth Avenue and Marguerite Avenue back to the point of beginning. EXHIBIT I ' 1 C d W , e• iv�.n n✓f � =_l �p x. i �y0 � Tom, j o_ I EXHIBIT II I I i i I I II I A I A V 1 N I a I I l MAR /GOLD A, I I`o IA I, 1= I� Ie . I^ la I� o it O I / I I I�x Tom, j I j I I j MAR /GOLD A, I I`o IA I, 1= I� Ie . I^ la I� o it O I / I I I�x I lojo - I w << I a �aa I I � I : - aAr.�sauR I I lojo - I w << I a �aa I I � I : - aAr.�sauR • ASSURANCES (INSTRUCTIONS: The City must provide following items: The only exception certify as to eithhr (a) or (b), or assurances is item No. to both.) i and /or certify to all of the 9 for which the City must The City hereby assures and certifies that he will comply with the fiscal and accounting regulations, policies, guidelines and requirements of the County of Orange as they relate to the acceptance and use of Federal funds for this federally- assisted program. Also, the City gives assurance and certifies with respect to the grant that: 1. It possesses legal authority to submit the component grant application and to execute the proposed program; that a resolution motion or similar action has been duly adopted or passed as an official act of the City's governing body, authorizing the filing of the component application,' - including all understandings and assurances contained therein, and directing and designating the City's thief executive officer as the authorized representative of the City to act in connection with the application and to provide such additional information as may be required 2. It will comply with: (a) Title VI of the Civil Rights Act of 1964(P.L.88 -352) and in accord - ance with Title VI of that Act, 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 sub- jected to discrimination under any program or activity for which the City receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. If any real property or structure thereon is provided or improved erith the Aid of Federal financial assistance extended to the City, this assurance . shall obligate the City or in the case of any transfer of such property, any transferee, 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. (b) Title .VIII of the Civil Rights Act.of 1968(P.L.90 -284) as amended, and will administer all programs and activities relating to housing and community development in a manner to affirmatively further fair housing. (c) Section 109 of the Housing and Community Development Act of 1974 and in conformance with all requirements imposed by or. pursuant to the Regulations of the Department (24 CFR Part 570 :601) issued pursuant to that Section; and in accordance. with that Section, no person in the,United States shall on the ground of race, color,.national origi or sex, be excluded from participation in, be denied the benefits of or be subjected to discrimination under, any program or activity funded in whole or in part with the community development funds. (d) Executive Order 11063 on equal opportunity in housing. (e) Section 3 of the.Housing and Urban Development Act of 1968, as amended requiring that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be'awarded to eligible business concerns which are located in, or owned. in substantial part by, persons residing in the area of the project. 3. Prior to the submission of its component . application, the City has: . (a) Provided citizens with adequate information concerning the amount of funds available for proposed community development and housing ANNEX NO. 1 activities; the *nge of activities that mlobe undertaken, and other important program requirements; (b) Held at least two public hearings to obtain the views of citizens on community development and housing needs; and (c) Provided citizens an adequate opportunity to participate in the develop- ment of the component application and in the development of any revisio; changes, or amendments. 4. The City will: (a) Provide fair and reasonable relocation payments and assistance in accori ante with Sections 202, 203, and 204, of the Uniform Relocation Assis- tance and Real Property Acquisition Policies Act(P.L.91 -646) and appli- cable.HUD regulations, to or for families, individuals, partnerships, ' corporations or associations displaced as a result of any acquisition or real property assisted under the program; (b) Provide relocation assistance programs offering the services described in Section 205 of P.L.91 -646 to such displaced families, individuals, partnerships, corporations or associations in the manner provided under applicable HUD regulations; (c) Assure that, within a reasonable time prior to displacement, decent, safe, and sanitary replacement dwellings will be available to such displaced families and individuals in accordance with Section 205(c) (3) of P.L.91 -646; (d) Inform affected persons of the benefits, policies, and procedures pro- vided for under HUD regulations; and (e) Carry out the relocation process in such a manner as to 'provide dis- placed persons with uniform and consistent services, and assure that replacement' housing will be available in the same - range, of choices _ with respect to such housing to all displaced persons regardless of race,.color, religion, or national origin. 5. The City will: (a) In acquiring real property in connection with the community development; block grant program, be guided to the extent permitted 'under State law, by the real property acquisition policies set out under Section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act and the provisions of Section 302 thereof; (b) Pay or reimburse property owners for necessary expenses as specified in-Section 303 and 304 of the Act; and (c) Inform affected persons of the benefits, policies, and procedures pro - vided for under HUD regulations. 6. It will give HUD and the Comptroller General through any authorized repre- sentative access to and the right to examine all records, books, papers, or documents related to the grant. 7. The City will comply with the provisions of the Hatch Act which limit the political activity of employees. 8. It will comply with the provisions of: Executive Order 11296, relating to evaluation of flood hazards, and Executive Order 11258, relating to the prevention, control, and abatement of water pollution. 9. The Community Development Program: (a) Gives maximum feasible priority to activities which will benefit low -or moderate - income families or aid in the prevention or elimination of slums or blight; . -3- (b) Contains activities designed to meet other community develop- merit. needs having a particular urgency which are specifically identified and described in the City's community development plan summary and community development program. 1 10. It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties.. Legal Certification: As counsel for the City and an attorney -at -law admitted to practice in the State in which the City is located, I certify that the facts and representatives contained in Assurance No. 1 above. to be true and in accordance with State and local law. RESOLUTION NO. 8 5 1 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ACCEPTING THE PROPOSAL OF THE CARDEN SCHOOL OF CORONA DEL MAR TO LEASE CERTAIN CITY -OWNED PROPERTY LOCATED AT 5TH AND MARGUERITE, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WHEREAS, the City of Newport Beach owns title to certain.property located in Corona del Mar, sometimes referred to as the 5th and Marguerite property; and WHEREAS, located on approximately three acres of said property is a school facility consisting of an administra- tion building and two classrooms- and WHEREAS, the Carden School of Corona del Mar has submitted a proposal to lease said school facilities from the City of Newport Beach; and WHEREAS, the City Council has reviewed the Carden School proposal and finds it to be fair and equitable; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby accepts the proposal of the Carden School of Corona del Mar to lease the school facilities located on the City -owned property known as 5th and Marguerite (formerly State of California Parcel No. 041339- 01 -01), and the Mayor and City Clerk are hereby authorized and directed to execute a lease agreement on behalf of the City of Newport Beach. ADOPTED this 23rd day of June , 1975. Mayor ATTEST: City Clerk DDO /bc 6/17/75