HomeMy WebLinkAboutC-1634 - Off-Site Parking Agreement Use Permit 1767 (Central Avenue Lot)�r
AMENDMENT NO. ONE TO THE PARKING LEASE AGREEMENT
WITH NEWPORT -HARBOR ELKS LODGE #1767
U THIS AMENDMENT NO. ONE TO THE PARKING LEASE AGREEMENT
("Amendment No. One") is made and entered into as of this 21 st day of December, 2021
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and NEWPORT -HARBOR ELKS LODGE
#1767, a non-profit corporation ("Elks"). City and Elks are at times individually referred to
as "Party" and collectively as "Parties" herein.
RECITALS
A. Pursuant to a Parking Lease Agreement dated March 16, 2007 ("Agreement"), the
Parties have mutual use, occupancy, and control of parking facilities that
encompass the Parties' respective properties ("Parking Facility").
B. The Agreement is set to expire December 31, 2021. The Parties are negotiating a
new contract for the Parking Facility and expect to have it executed within the next
several months.
C. In the meantime, the Parties desire to enter into this Amendment No. One to
continue their respective use of the Parking Facility.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
TERM
The Term of the Agreement (Section 2) is hereby extended and shall expire on
April 1, 2022 unless earlier terminated in accordance with the Agreement or the
Parties execute a new agreement regarding their use of the Parking Facility.
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: f 2 a-/ :;t -/
By.
Aa n C. rp aA'w 1n.
ity Attorn
ATTEST:
Date:-/,? _Z$ -Z,07-1
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 12 /y Z yoL 1
By:
acManager . Leung 10
NEWPORT -HARBOR ELKS LODGE
#1767, a non-profit corporation
Date:
By: By:
,L.f-Leilani I. Brown
City Clerk
Signed in Counterpart
Dennis Yosanovich
Exalter Ruler
Date:
PO'QT
Signed in Counterpart
By:
Jim Jacobs
Trustee
[END OF SIGNATURES]
Newport -Harbor Elks Lodge #1767 Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: f 2 a-1
By:/Z'
Aa n C. arp
ity Attorn
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Grace K. Leung
City Manager
NEWPORT -HARBOR ELKS LODGE
#1767, a non-profit corporation
Date:z l
Dennis Yosanovich
Exalter Ruler
Date: ! D, / �2
By:
Ji acob
Trustee
[END OF SIGNATURES]
Newport -Harbor Elks Lodge #1767 Page 2
Final, 1.19 -07
PARKING LEASE AGREEMENT
T is Lease Agreement ( "Agreement ") is entered into this .J D day of
2007, by and between the City of Newport Beach ( "City "), a municipal
corporation, and the Newport- Harbor Elks Lodge #1767, a non - profit corporation (the
"Elks ").
RECITALS
A. The Elks is the owner of an irregular parcel of land more particularly described in
Exhibit "A" attached hereto (the "Premises "). The Premises is a part of a larger
parcel of property owned by the Elks, which is the current site of the Elks Lodge.
B. The City is the owner of a parcel of land adjoining the Premises, as more
particularly described in Exhibit "B" attached hereto (the "City Property");
C. The City and the Elks are currently parties to a Parking Lease Agreement dated
March 8, 1996 (the "1996 Lease ");
D. The 1996 Lease permits the Elks exclusive control, use, and occupancy of the
Premises and the City Property (collectively, the "Parking Facility ") in the
evenings and for six (6) twenty-four (24) hour periods per calendar year, and
permits the City to use the Parking Facility as a municipal parking lot the rest of
the time; and
E. The City and the Elks now intend to terminate the 1996 Lease and enter into this
Agreement, which shall add four (4) additional twenty-four (24) hours periods per
calendar year for the Elks use of the Parking Facility, and update the lease
provisions.
In consideration of the mutual promises and obligations contained in this Agreement,
the receipt and sufficiency of which is hereby acknowledged, the City and the Elks
hereby terminate the 1996 Lease and enter into this Agreement on the following terms
and conditions:
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Leased Premises
The Elks hereby leases the Premises to the City and the City leases the
Premises from the Elks on the terms and conditions and for the consideration set
forth in this Agreement.
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2. Term
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The term of the Agreement granted hereunder ('Term ") shall commence on
January 1, 2007, and continue for a period of five (5) years, to expire on
December 31, 2011, unless terminated earlier as set forth herein.
Provided the Elks are not then in material default, the Elks may extend the term
of this Agreement for two (2) additional successive terms of five (5) years each.
The Elks may exercise the options to extend by giving City written notice of its
intention to do so at least three (3) months prior to the expiration of its Term or
extended Term.
3. Use
A. City and the Elks shall use the Parking Facility only for the purpose of
vehicular parking during the term of this Agreement and for no other
purpose.
B. City shall post signs at appropriate locations advising motorists of the
times when the Parking Facility is subject to the exclusive control, use,
and occupancy of the Elks;
C. The Elks shall be solely responsible for providing barriers or other means
of controlling access to the Parking Facility at all times when the Elks have
the right to exclusive control, use, and occupancy of the Parking Facility,
all subject to the prior approval of City.
D. City shall not enforce parking meters, or other parking restrictions during
those periods when the Parking Facility is subject to the exclusive control,
use and occupancy of the Elks.
E. The Elks shall not paint, install decorations, or install any signs, lettering or
advertising of any type, or any other type of visual displays, on or about
the Parking Facility without the prior written consent of the City.
4. Consideration
A. As consideration for the lease of the Premises to the City, the City agrees
that the use of and access to the Parking Facility shall be subject to the
exclusive control, use and occupancy of the Newport Harbor Elks Lodge
No. 1767 between the hours of 6 p.m. to 6 a.m. on each day of the term of
this Agreement. As additional consideration, the Elks shall have the
exclusive control, use and occupancy of the Parking Facility for a twenty-
four (24) hour period, six (6) times per calendar year, in conjunction with
Newport Habor Elks Lodge No. 1767 special events such as fund raising
events and the annual boat parade ( "Special Events ").
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In addition to the six (6) twenty -four (24) hour periods throughout the
calendar year, the Elks shall also have the exclusive control, use and
occupancy of the Parking Facility for a twenty -four (24) hour period, four
(4) times from September 15 through May 15 of each year. The Elks may
only use these four (4) periods for non - profit charitable fund - raising
Special Events.
B. In consideration of the right to exclusive use, control, and occupancy of
the Parking Facility from 6:00 p.m. to 6:00 a.m., and during certain twenty -
four (24) hours periods, the Elks shall pay City fifty percent (50 %) of any
consideration received by the Elks from third parties for use of the Parking
Facility, less the actual cost incurred by the Elks in managing or operating
the Parking Facility. As further consideration, the City agrees to waive the
cost of the Special Event permit application fees required in conjunction
with or related to the Special Events.
The Elks payments shall be mailed to:
City of Newport Beach
Revenue Division
3300 Newport Blvd.
PO Box 1768
Newport Beach, CA 92658
or at such other place as City may hereafter designate in writing.
4. Utilities. Taxes and Assessments
City shall pay all utilities required for the Parking Facilities.
The Elks shall pay, prior to delinquency, any and all possessory interest taxes,
property taxes, all taxes assessed against and levied upon fixtures, furnishings,
equipment, or improvements, and all other personal property of the Elks located
on the Parking Facility, real property taxes, and fees and assessments which
may at any time be imposed or levied by any public entity and attributable to the
Elks's use of the Parking Facility. The City hereby gives notice to the Elks,
pursuant to Revenue and Tax Code Section 107.6, that this Agreement may
create a possessory interest which is the subject of property taxes levied on such
interest, the payment of which taxes shall be the sole obligation of the Elks.
The Elks shall hold City harmless from any and all loss, damage, or liability that
may result from the failure of the Elks to comply with the provisions of this
Section.
5. Permits and Licenses
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The Elks, at its sole expense, shall obtain and maintain during the Term of this
Agreement, all appropriate permits, licenses and certificates that may be required
by any governmental agency in connection with the operation of its business.
In addition, the Elks shall obtain a Special Event permit for each Special Event
referenced in Section 4(A). Failure to obtain a Special Event permit in advance
of a Special Event shall be considered a material default of this Agreement. The
Elks shall provide the City with at least thirty (30) days notice prior to any Special
Event.
6. Redevelopment and Termination
A. Redevelopment. The parties understand that the City may undertake to
include the area surrounding the Premises in a redevelopment plan and
that such a plan may be mutually beneficial to the parties. The Elks agree
to meet in good faith with the City or the agents of the City to explore
redevelopment options which may include the City Property and the
Premises as well as other surrounding properties. Nothing herein
contained, however, shall be construed as a commitment on the part of
the Elks to participate in such a plan or to commit their property to such a
plan.
B. Termination for Redevelopment. In the event the City adopts a
redevelopment plan which includes the City Property, the City may elect to
terminate this Agreement by providing thirty (30) days advance written
notice to the Elks. City shall not be entitled to any proration or refund of
rent as a result of the termination of this Agreement as provided herein.
C. Restoration of Premises. In the event the City terminates this Agreement
as provided in Section 6(B), City agrees that prior to the effective date of
such termination, it shall remove all parking meters and curb stops from
the Premises, patch or repair the surface of the Premises affected by such
removal, and provide alternative ingress and egress to the City Property.
Upon termination or expiration of this Agreement, the Elks shall have the
right to close off the Premises from the City Property by appropriate
fencing and to utilize the Premises exclusively for the parking of vehicles
under the control and direction of the Elks or any other purpose authorized
by law.
7. Acceptance of Condition of City Property
The Elks shall accept City Property in "as is" condition, with no warranty, express
or implied from City as to any latent, patent, foreseeable and unforeseeable
condition of City Property.
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8. Alterations or Construction of Improvements
The Elks shall not alter existing improvements, nor construct new improvements,
on the Parking Facility.
9. Parking Requirements
It is acknowledged by the parties that the amount of parking for the Elks Lodge is
a lawful existing non - conformance and the by leasing the Premises to the City,
the amount of parking reserved exclusively to the Elks is reduced even further. It
is the intention of the parties that the consideration provided for the Lease is
intended, in part, to mitigate this impact. City further agrees that, in the event the
Elks apply for a permit in which parking is a factor, the City will grant a parking
area credit to the Elks in an amount equal to the area of the Premises. In the
event the City fails to give the credit for such space against the parking
requirements of the City as provide herein, the Elks may terminate this
Agreement on thirty (30) days notice to the City.
10. Maintenance
During the term of this Agreement, City shall maintain the Parking Facility to the
same standard as other municipal parking facilities.
11. -City Paving Claim
Should the Elks fail to pay and discharge, when due. and payable, any tax or
assessment, or any premium or other charge in connection with any insurance
policy which the Elks are obligated to provide, or any lien or claim for labor or
material employed or used in the repair, alteration, construction, or maintenance
of improvements on the Parking Facility, then the City may, after ten (10) days
written notice to the Elks and at its option, pay any such tax, assessment, lien,
claim, premium or charge, or settle or discharge any action, or satisfy . and
judgment thereon. All costs and expenses incurred or paid by the City pursuant
to this paragraph, together with interest at the rate of ten percent (10 %) per
annum from the date of payment, shall be paid by the Elks within ten (10) days
after written notice that such payment is due.
12. Standard of Care
The Elks agree to perform all services required hereunder in a manner
commensurate with community professional standards.
13. Inspection
The City shall be entitled to inspect the Parking Facility for compliance with the
terms of this Agreement, and for compliance with all applicable Federal, State
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and local (including those of the City) government laws, statutes, ordinances,
rules and regulations. The City may exercise these inspection rights at any time
without notice.
14. Assign ment/Transfers
The Elks shall not transfer or assign this Agreement, or any right or interest
created hereunder, or sublet the Parking Facility or any portion thereof, unless
and until the Elks has obtained the prior written consent of the City. The City
shall not unreasonably withhold such consent. Should the Elks attempt to
transfer, assign or sublet the Elks's interest in this Agreement or the Parking
Facility as provided in this Section, or should any of the Elks's rights under this
Agreement be sold or otherwise transferred, or should the Elks be adjudged
insolvent or bankrupt, then the City may, at its option, terminate this Agreement
by giving thirty (30) days written notice. Should the City consent to any transfer,
assignment, or subletting attempted without prior approval, that consent shall not
constitute a waiver of any of the restrictions in this Section and the same shall
apply to each subsequent attempt to transfer, assign or sublet this Agreement or
the Parking Facility.
15. Bankruptcy
The Elks agree that in the event all, or substantially all, of Lessee's assets are
placed in the hands of a receiver or trustee and remain so for a period of thirty
(30) days, or should the Elks make an assignment for the benefit of creditors or
be ,adjudicated bankrupt, or should the Elks institute any proceedings under the
Bankruptcy Act or similar law wherein the Elks seek to be adjudicated bankrupt
or to be discharged of its debts, or seeks. to effect a plan of liquidation or
reorganization, or should any involuntary proceedings be filed against the Elks
and not dismissed or stayed within sixty (60) days, then this Agreement or any
interest in and to the Parking Facility shall not become an asset in any such.
proceeding and, to the extent permitted by law, the City may declare this
Agreement terminated and take possession of the City Property.
16. Termination
The City or Elks may terminate this Agreement immediately, or take any action
authorized by law, in the event of a material breach and default as defined in
Section 17. City may also terminate this Agreement, without cause, upon one
hundred and eighty two (182) calendar days advance written notice to the Elks.
In the event the City or the Elks elect to terminate this Agreement, the City or the
Elks shall have the right to close off the Premises for the City Property,
17. Defaults
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The occurrence of any one or more of the following events shall constitute a
material default and breach of this Agreement by City or Elks:
A. Vacation or abandonment of the Premises or City Property by the City or
the Elks, respectively:
B. The failure of City or Elks to observe or perform any of the covenants,
conditions, or provisions of this Agreement, where such failure continues
for a period of twenty (20) days after written notice of the noncompliance,
provided, however, that if the nature of the party's default is such that
more than twenty (20) days are reasonably required for its cure, then that
party shall not be in default if it commenced the cure within twenty (20)
days after written notice and thereafter diligently pursues cure to
completion.
18. Surrender Possession
Upon expiration of the Term of this Agreement, or earlier termination as provided
in Section 16, the Elks shall surrender possession of the City Property to the City
in good condition and repair.
19. Indemnification
To the fullest extent permitted by law, the Elks hereby agrees to defend,
indemnify, and hold City harmless from and against any and all liability, claims
damages, suits, penalties, actions, demands, judgments, losses, or expenses of
any kind or nature, including damage to any property and injury (including death),
to any person (collectively, "Claims "), arising out of or resulting in any way, in
whole or in part, from its use, maintenance, repair or occupation of the Parking
Facility, or any acts or omissions, intentional or negligent, of the Elks or its
officers, agents or employees in the performance of their duties and obligations
under this Agreement, except to the extent such claims are caused by the sole
negligence or willful misconduct of City, its officers, agents and employees.
20. Insurance
Without limiting the Elks's indemnification of the City, the Elks shall obtain,
provide and maintain at its own expense during the Term of this Agreement, a
policy or policies of liability insurance of the type and amounts described below
and in a form satisfactory to the City.
A. Certificates of Insurance. The Elks shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage
required herein. Insurance certificates must be approved by City's Risk
Manager prior to commencement of performance or issuance of any
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permit. Current certification of insurance shall be kept on file with City at
all times during the Term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by Lessor's Risk
Manager.
D. Coverage Requirements.
i. Workers' Compensation Coverage. The Elks shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for its employees in accordance with the laws of the
State of California. In addition, the Elks shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by the Elks for City.
ii. General Liability Coverage. The Elks shall maintain commercial
general liability insurance in an amount not less than One Million
and no1100 Dollars ($1,000,000.00) per occurrence for bodily injury,
personal injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. The Elks shall maintain automobile
insurance covering bodily injury and property damage for all
activities of the Elks arising out of or in connection with the services
to be performed under this Agreement, including coverage for any
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owned, hired, non -owned or rented vehicles, in an amount not less
than One Million Dollars and 001100 Dollars ($1,000,000.00)
combined single limit for each occurrence.
iv. Fire and Extended Coverage. The Elks shall maintain fire and
extended coverage insurance, together with insurance against
vandalism, theft and malicious mischief, on the improvements and
fixtures, alterations, trade fixtures, signs, equipment, personal
property and inventory on or upon the Premises from loss or
damage to the extent of their full replacement value.
E. Endorsements. Each general liability insurance policy shall be endorsed
with the following specific language:
i. City, its elected or appointed officers, officials, employees, agents
and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Elks.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Elks's operations. Any insurance
maintained by City, including any self - insured retention City may
have, shall be considered excess insurance only and not.
contributory with the insurance provided hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either party
except after thirty (30) calendar days (10 calendar days written
notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. The Elks shall give City prompt and timely notice
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of any claim made or suit instituted arising out of or resulting from the
Elks's performance under this Agreement.
G. Additional Requirements.
i. If the insurance is written on a Claims Made Form, then, following
termination of this Agreement, said insurance coverage shall
survive for a period of not less than five (5) years;
In the event City's Risk Manager determines that (i) the Elks's activities in the
Parking Facility creates an increased or decreased risk of loss to the City, (ii)
greater insurance coverage is required due to the passage of time, or (iii)
changes in the industry require different coverages be obtained, the Elks agree
that the minimum limits of any insurance policy required to be obtained by the
Elks may be changed accordingly upon receipt of written notice from the Risk
Manager; provided that the Elks shall have the right to appeal a determination of
increased coverage by the Risk Manager to the City Council within ten (10) days
of receipt of notice from the Risk Manager.
21. Hazardous Substances
A. From the date of execution of this Agreement and throughout the Term,
the Elks shall not use, store, manufacture or maintain any Hazardous ...
Substances on the Parking Facility.
B. For purposes of this Agreement, the term "Hazardous Substance' means:
(i) any substance, product, waste or other material of any nature
whatsoever which is or becomes listed, regulated, or addressed pursuant
to the Comprehensive Environmental Response, Compensation and
Liability Act, 42 U.S.C. Section 9601 et seq. ( "CERLCA "); the Hazardous
Materials Transportation Act, 49 U.S.C. Section 1801, et seq.; the
Resource Conversation and Recovery Act, 42 U.S.C. Section 6901 et seq.
( "RCRA "); the Toxic Substances Control Act, 15 U.S.C. Section 2601 et
seq.; the Clean Water Act, 33 U.S.C. Section 1251 et seq.; the California
Hazardous Waste Control Act, Health and Safety Code Section 25100 et
seq.; the California Hazardous Substance Account Act, Health and Safety
Code Sections 25330 et seq.; the California Safe Drinking Water and
Toxic Enforcement Act, Health and Safety Code Sections 25249.5 et seq.;
California Health and Safety Code Sections 25280 et seq. (Underground
Storage of Hazardous Substances); the California Hazardous Waste
Management Act, Health and Safety Code Sections 25170.1 et seq.;
California Health and Safety Code Sections 25501 et seq. (Hazardous
Materials Response Plans and Inventory); or the Porter - Cologne Water
Quality Control Act, Water Code Sections 13000 et seq., all as they, from
time -to -time may be amended, (the above -cited statutes are here
collectively referred to as "the Hazardous Substances Laws ") or any other
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Federal, State or local statute, law, ordinance, resolution, code, rule,
regulation, order or decree regulating, relating to, or imposing liability or
standards of conduct concerning, any hazardous, toxic or dangerous
waste, substance or material, as now or at any time hereafter in effect; (ii)
any substance, product, waste or other material of any nature whatsoever
which may give rise to liability under any of the above statutes or under
any statutory or common law theory, including but not limited to
negligence, trespass, intentional tort, nuisance, waste or strict liability or
under any reported decisions of a stale or federal court; (iii) petroleum or
crude oil; and (iv) asbestos.
C. Notwithstanding any contrary provision of this Agreement, and in addition
to the indemnification duties of the Elks set forth in Section 19 in this
Agreement, the Elks agree to indemnify, defend with counsel reasonably
acceptable to City, protect, and hold harmless City, its officials, officers,
employees, agents, and assigns from and against any and all losses,
fines, penalties, claims, damages, judgments, or liabilities, including, but
not limited to, any repair, cleanup, detoxification, or preparation and
implementation of any remedial, response, closure or other plan of any
kind or nature which City, its officials, officers, employees, agents, or
assigns may sustain or incur or which may be imposed upon them in
connection with the use of the Parking Facility provided under this
Agreement, arising, from. or attributable to the storage or deposit of
Hazardous Substances. This Section is intended to operate as an
agreement pursuant to Section 107(e) of CERCLA, 42 USC Section
9607(e), and California Health and Safety Code Section 25364, to insure,
protect, hold harmless, and indemnify Lessor for any claim pursuant to the
Hazardous Substance Laws or the common law.
D. City agrees that City will not, and will not authorize any third party to use,
generate, store, or dispose of any Hazardous Substances on, under,
about or within the Parking Facility in violation of any law or regulation.
City and the Elks each agree to defend, indemnify and hold harmless the
other and the other's partners, affiliates, agents and employees against
any and all losses, liabilities, claims and/or costs (including reasonable
attorneys' fees and costs) arising from any breach of any representation,
warranty or agreement contained in this Section. This Section shall
survive the termination of this Agreement. Upon expiration or earlier
termination of this Agreement, the Elks shall surrender and vacate the City
Property and deliver possession thereof to City on or before the
termination date free of any Hazardous Substances released into the
environment at, on or under the City Property that are directly attributable
to the Elks.
22. Compliance with Laws
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The Elks, at its sole cost, shall observe, perform, and comply with all laws,
statutes, ordinances, rules, and regulations promulgated by any governmental
agency, including all applicable zoning ordinances, building codes and
environmental laws. The Elks shall not occupy or use City Property, or permit
any portion of the City Property to be occupied or used for any use or purpose
besides parking vehicles.
23. Not Agent of City
Neither anything in this Agreement nor any acts of the Elks shall authorize the
Elks or any of its employees, agents or contractors to act as agent, contractor,
joint venturer or employee of the City for any purpose.
24. No Third Partv- Beneficiaries
The City and the Elks do not intend, by any provision of this Agreement, to create
in any third party, any benefit or right owed by one party, under the terms and
conditions of this Agreement, to the other party.
25. Notices
All notices and other communications required or permitted to be given under this
Agreement; including ahy notice of change of address, shall be in writing and
given by personal delivery, or deposited with the United States Postal Service,
postage prepaid, addressed to the parties intended to be noted. Notice shall be
given as follows:
To City: Administrative Services Department. .
Revenue Division
Attention: Evelyn Tseng
City of Newport Beach -
PO Box 1768
3300 Newport Boulevard
Newport 13each,-CA, 92658
Telephone: Evelyn Tseng, 949 - 644-3153
To Elks: Newport Harbor Elks Lodge 1767' "
3456 Via Oporto
Newport Beach, CA 92663
Attn: Exalted Ruler /Parking Manager
Telephone: Steve Madoni, 949- 723 -7600
Either party may specify a different address for the giving of notices hereunder by
written notice to the other party.
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Any notice sent by registered or certified mail, return receipt requested shall be
deemed given on the date of delivery shown on the receipt card, or if no delivery
date is shown, the postmark thereon. If sent by regular mail the notice shall be
deemed given forty-eight (48) hours after the same is addressed as required
herein and mailed with postage prepaid. Notices delivered by U.S. Postal
Service Express Mail or overnight courier that guarantees next day delivery shall
be deemed given twenty -four (24) hours after delivery to the U.S. Postal Service
or courier. If notice is transmitted by facsimile transmission or similar means, the
same shall be deemed served or delivered upon telephone confirmation or
receipt of the transmission thereof, provided a copy is also delivered via delivery
or mail. If a notice is received on a Sunday or legal holiday, it shall be deemed
received on the next business day.
26. Entire Agreement/Amendments
A. The terms and conditions of this Agreement, all exhibits attached hereto,
and all documents expressly incorporated by reference, represent the
entire Agreement of the parties with respect to the subject matter of this
Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral
or written, regarding the subject matter between the Elks and City.
C. No other agreement, promise or statement, written or oral, relating to the
subject matter of this Agreement, shall be valid or binding, except by way
of a written amendment to this Agreement.
D. The terms and conditions of this Agreement shall not be altered or
modified except by a written amendment 'to this Agreement signed by the
Elks and City.
E. If any conflicts arise between the terms and conditions of this Agreement,
and the terms and conditions of the attached exhibits or the documents
expressly incorporated by reference, the terms and conditions of this
Agreement shall control.
F. Any obligation of the parties relating to monies' owed, as well as those
provisions relating to limitations on liability and actions, shall survive
termination or expiration of this Agreement.
27. Waivers
The waiver by either party of any breach or violation of any term, covenant or
condition of this Agreement, or of any ordinance, law or regulation, shall not be
deemed to be a waiver of any other term, covenant, condition, ordinance, law or
13
0 0
regulation, or of any subsequent breach or violation of the same or other term,
covenant, condition, ordinance, law or regulation. The subsequent acceptance by
either party of any fee, performance, or other consideration which may become
due or owing under this Agreement, shall not be deemed to be a waiver of any
preceding breach or violation by the other party of any term, condition, covenant
of this Agreement or any applicable law, ordinance or regulation.
28. Costs and Attomeys' Fees
The prevailing party in any action brought to enforce the terms and conditions of
this Agreement, or arising out of the performance of this Agreement, shall not be
entitled to recover its attomeys' fees.
29. City Business License
The Elks shall obtain and maintain during the duration of this Agreement, a City
business license as required by the Newport Beach Municipal Code.
30. Applicable Law
This Agreement shall be construed in accordance with the laws of the State of
California in effect at the time of the execution of this Agreement. Any action
brought relating to this Agreement shall be adjudicated in a court of competent
jurisdiction in the County of Orange.
31. Interpretation
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction which
might otherwise apply.
32. Autho
Each individual executing this Agreement represents and warrants that he or she
is duly authorized to execute and deliver this Agreement on behalf of the entity
executing this Agreement.
33. Time is of the Essence
Time is of the essence for this Agreement.
14
0 0
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in
duplicate on the date and year first written herein.
City of Newport Beach
Municipal Corporation
ATTEST:
City Clerk
APP OVED AS TO FORM:
Gam_
Aaron C. Harp,
Assistant City Attorney
Newport- Harbor Elks Lodge #1767
A Non - Profit Corporation
Chw.rc�.� of I�OCT�
Name: U{ I N> ices - a. tnJ�lte
oil
1s
0 0
I��Illy�I:lll
The Premises
(Legal Description)
A portion of Lot 1126, as shown upon a map of Tract No. 907, recorded in Miscellaneous Map
Book 28, Pages 25 to 36 inclusive, records of Orange County, California, and more particularly
described as follows:
Beginning at the most northerly corner of said Lot 1126; thence southwesterly along a
northwesterly line of said lot a distance of 135.52 feet to an angle point, said angle point being the
true point of beginning; thence southwesterly along the southwesterly prolongation of said
northwesterly line to an intersection with the southwesterly line of said lot; thence northwesterly
along said southwesterly line a distance of 51.74 feet, more or less to the beginning of a tangent
curve, concave to the northeast and having a radius of 10 feet; thence northerly along said curve
and along the westerly line of said lot an arc distance of 15.71 feet; thence tangent to last mentioned
curve and nonherly along the westerly line of said lot a distance of 15 feet to a corner of said lot;
thence south -as:crty along a nor•,heasterly line of said lot to the mtc p,:: t of beginning.
• 0
EXHI$IT "B"
The City Property
(Legal Description)
Description: City of Newport Beach, County of Orange:
That certain parcel of land in Government Lot 3 in Section 28, Township 6 South, Range
10 West, S.B.B. & M., particularly described as follows:
Beginning at the intersection of the lire of ordi,ary high Ede of the Pacific Ocean in
Newport Bay, as said line is set out in a Decree rendered May 25, 1928 in the Superior Court of
the State of California, in and for the County of Orange, a certified copy of which decree was
recorded May 29, 1928 in Book 167, page 194 of Official Records, and the Easterly line of Central
Avenue as Central Avenue is shown on Map No. 108 in Book 2, pages 1 et seq. of Official Maps
tiled in the office of the County Recorder of Orange County, California, which point of
intersection is North 48 degrees 30'33" West 3425.55 feet from the common corner of Sections
27, 28, 33 and 34, Township 6 South, Range 10 West, S.B.B. & M., thence along the line first
o,e mentioned South 79 degrees 00' East 51.90 feet; _hence South 19 degrees 01' 30" West
35.52 feet; thence North 67 degrees 01' West 60.00 feet to a point in the Easterly line of said
Central Avenue; thence along said Easterly lire 124.43 feet to the point of beginning.
ORIGINAL
CITY CLERK
PARKING LEASE AGREEMENT
NEWPORT- HARBOR ELKS LODGE #1767
This Lease (the "Lease ") is entered into this 9-6k day of M.a r(-k' , 1996, by
the City of Newport Beach, a municipal corporation ( "City "), and the Newport - Harbor Elks Lodge
#1767, a non - profit corporation (the "Elks ").
RECITALS
A. The Elks is the owner of an irregular parcel of land more particularly described in
Exhibit "A" attached hereto (the "Premises "). The Premises is a part of a larger parcel of property
owned by the Elks which is the current site of the Elks Lodge.
B. The City is the owner of a parcel of land adjoining the Premises, as more
particularly described in Exhibit "B" attached hereto (the "City Property").
C. The City is currently utilizing the Premises as a municipal parking lot in conjunction
with the City Property (the "Parking Facility "), pursuant to a month -to -month lease with the Elks
as authorized by Resolution 83 -40 of the City Council of City (the "Lease ").
D. The parties desire to enter into a long term Lease which provides adequate
consideration for the premises and grants the Elks exclusive control, use and occupancy of the
Parking Facility during the evening.
Now therefore, the parties hereby agree as follows:
1. Lease. The Elks hereby lease the Premises to the City and the City leases the
Premises from the Elks on the terms and conditions and for the consideration set forth in this
Lease.
2. Term. The term of this Lease shall be for a period of ten (10) years and two
months commencing on February 1, 1996 and terminating on March 31, 2006. City shall have the
right, at its sole option, to extend the term of this Agreement for three additional periods of five
years each, with the first option term to commence April 1, 2006. City shall deem to have
exercised its option to extend the term of this Lease unless, within 90 days prior to the expiration
of the original term, or any option term, City gives the Elks written notice of its intention not to
exercise its option.
3. Use. The City shall use the Premises only for the purpose of vehicular parking
during the term of this Lease and for no other purpose.
4. Consideration.
A. As consideration for the lease of the Premises to the City, the City agrees
that the use of and access to the Parking Facility shall be subject to the exclusive control, use and
occupancy of the Newport Harbor Elks Lodge No. 1767 between the hours of 6 p.m. to 6 a.m. on
each day of the term of this Lease or 30 days after the execution of this Lease by all parties,
whichever occurs last. As additional consideration, Elks shall have the exclusive control, use, and
occupancy of the Parking Facility for a twenty-four (24) hour period, six (6) times per calendar
0 0
year, in conjunction with Newport Harbor Elks Lodge No. 1767 special events such as fund
raising events and the annual boat parade ( "Special Event ")
B. In consideration of the right to exclusive use, control, and occupancy of the
Parking Facility from 6:00 p.m. to 6:00 a.m., and during certain twenty -four (24) hour periods,
Elks shall pay City fifty percent (50%) of any consideration received by the Elks from third parties
for use of the Parking Facility, less the actual cost incurred by the Elks in managing or operating
the Parking Facility. As further consideration, the City agrees to waive the cost of Special Event
permit application fees required in conjunction with or related to Special Events. The Elks shall
provide the City with at least thirty (30) days notice prior to any Special Event.
5. Implementation. The parties shall, within 30 days after the execution of this
Agreement, agree on the means by which the provisions of this Agreement that pertain to the
control, use, and occupancy of the Parking Facility will be implemented. The procedures for
implementing this Agreement shall include the following:
A. The City shall post signs at appropriate locations advising motorists of the
times when the Parking Facility is subject to the exclusive control, use, and occupancy of the Elks;
B. The Elks shall be solely responsible for providing barriers or other means
of controlling access to the Parking Facility at all times when the Elks have the right to exclusive
control, use, and occupancy of the Parking Facility, all subject to the prior approval of City.
C. City shall not enforce parking meters, or other parking restrictions during
those periods when the Parking Facility is subject to the exclusive control, use, and occupancy of
the Elks.
6. Maintenance. During the term of this Lease the City shall maintain the Parking
Facility to the same standard as other municipal parking facilities.
7. Hold Harmless. The parties agree that each shall indemnify, protect, defend and
hold harmless the other party and their respective officers, agents and employees, from any claims
or damages, costs, liens, judgments, penalties, permits, attorney's fees, expenses or liabilities
arising out of, involving or in dealing with, the occupancy of the Parking Facility by a party, or
any act, omission or neglect of a party, its agents, officers, contractors, employees or invitees.
8. Utilities. The City shall provide all utilities required for the Parking Facilities.
9. Default; Remedies. In the event of a default in the performance of the terms and
conditions of this Lease by City which shall continue for a period of ten (10) days after the delivery
of written notice as provided herein, the Elks may elect to either require the specific performance of
the terms of this Lease in an appropriate judicial proceeding or to terminate this Lease. In the event
a cure cannot be accomplished in ten (10) days, no breach or default shall be deemed to have
occurred if the City commences a cure within said ten (10) day period and proceeds diligently to
complete said cure thereafter. In the event the Elks elects to terminate this Lease, the Elks shall
have the right to close off the Premises from the City Property by appropriate fencing and to utilize
the Premises exclusively for the parking of vehicles under the control and direction of the Elks or
any other purpose authorized by law.
10. Parking Requirements. It is acknowledged by the parties that the amount of
parking for the Elks Lodge is a lawful existing non - conformance and that by leasing the Premises
to the City, the amount of parking reserved exclusively to the Elks is reduced even further. It is the
intention of the parties that the consideration provided for this Lease is intended, in part, to mitigate
this impact. City further agrees that, in the event the Elks apply for a permit in which parking is a
2
factor, the City will grant a parking area credit to the Elks in an amount equal to the area of the
Premises. In the event the City fails to give the credit for such space against the parking
requirements of the City as provided herein, the Elks may terminate this Lease on thirty (30) days
notice to the City.
11. Notices. All notices under this Lease shall be in writing and may be delivered in
person or may be sent by regular, certified or registered mail or U.S. Postal Service Express mail,
with postage prepaid, or by facsimile transmission, and shall be deemed sufficiently given, if
served in the manner provided herein. The following addresses shall be the address for the giving
of notice under this Lease:
If to City: City of Newport Beach
P. O. Box 1768
Newport Beach, CA 92663 -3884
Attu: City Manager
If to Elks: Newport Harbor Elks Lodge 1767
3456 Via Oporto
Newport Beach, CA 92663
Attn: Exalted Ruler/Parking Manager
Either party may specify a different address for the giving of notices hereunder by written notice
hereunder to the other party.
Any notice sent by registered or certified mail, return receipt requested, shall be deemed
given on the date of delivery shown on the receipt card, or if no delivery date is shown, the
postmark thereon. If sent by regular mail the notice shall be deemed given forty-eight (48) hours
after the same is addressed as required herein and mailed with postage prepaid. Notices delivered
by U.S. Postal Service Express Mail or overnight courier that guarantees next day delivery shall be
deemed given twenty-four (24) hours after delivery to the U.S. Postal Service or courier. If notice
is transmitted by facsimile transmission or similar means, the same shall be deemed served or
delivered upon telephone confirmation or receipt of the transmission thereof, provided a copy is
also delivered via delivery or mail. If a notice is received on a Sunday or legal holiday, it shall be
deemed received on the next business day.
12. Redevelopment; Termination.
A. Redevelopment. The parties understand that the City may undertake to include the
area surrounding the Premises in a redevelopment plan and that such a plan may be mutually
beneficial to the parties. The Elks agree to meet in good faith with the City or the agents of the City
to explore redevelopment options which may include the City Property and the Premises as well as
other surrounding properties. Nothing herein contained, however, shall be construed as a
commitment on the part of the Elks to participate in such a plan or to commit their property to such
a plan.
B . Termination for Redevelopment. In the event the City adopts a redevelopment plan
which includes the City Property, the City may elect to terminate this Lease by providing thirty
(30) days advance written notice to the Elks. The City shall not be entitled to any proration or
refund of rent as a result of the termination of this Lease as provided herein.
C. Restoration of the Premises. In the event the City terminates this Lease as provided
herein or upon the expiration of the Lease, the City agrees that prior to the effective date of such
termination or expiration of this Lease, that the City shall remove all parking meters and curb stops
3
from the Premises, patch or repair the surface of the Premises affected by such removal and
provide alternative ingress and egress to the City Property. Upon termination or expiration of this
Lease the Elks shall have the right to close off the Premises from the City Property by appropriate
fencing and to utilize the Premises exclusively for the parking of vehicles under the control and
direction of the Elks or any other purpose authorized by law.
13. Miscellaneous.
A. Severability. The invalidity of any provision of this Lease, as determined by a
court of competent jurisdiction, shall in no way affect the validity of any other provision hereof.
B. Time of Essence. Time is of the essence with respect to the performance of all
obligations to be performed or observed by the parties under this Lease.
C. Waivers. No waiver by the Elks of the default or breach of any term, covenant or
condition hereof by City, shall be deemed a waiver of any other term, covenant or condition
hereof, or of any subsequent default or breach by City of the same or of any other term, covenant
or condition hereof. The Elks consent to, or approval of, any act shall not be deemed to render
unnecessary the obtaining of the Elks consent to, or approval of, any subsequent or similar act by
City, or be construed as the basis of an estoppel to enforce the provision or provisions of this
Lease requiring such consent.
D. No Right to Holdover. City has no right to retain possession of the Premises or
any part thereof beyond the expiration or earlier termination of this Lease.
E. Attorney's Fees. If any party brings an action or proceeding to enforce the terms
hereof or declare rights hereunder, the prevailing party (as hereafter defined) in any such
proceeding, action, or appeal thereon, shall be entitled to reasonable attorney's fees. Such fees
may be awarded in the same suit or recovered in a separate suit, whether or not such.action or
proceeding is pursued to decision or judgment. The term, "prevailing party" shall include, without
limitation, a party who substantially obtains or defeats the relief sought, as the case may be,
whether by compromise, settlement, judgment, or the abandonment by the other party of its claim
or defense. The attorney's fee award shall not be computed in accordance with any court fee
schedule, but shall be such as to fully reimburse all attorney's fees reasonably incurred.
F. Authority. Each individual executing this Lease represents and warrants that he or
she is duly authorized to execute and deliver this Lease on behalf of the entity executing this Lease.
G. Amendments. This Lease may be modified only in a writing, signed by the parties
in interest at the time of the modification.
IN WITNESS WHEREOF, the parties have executed this Lease on the day and year herein
above written.
Approved as to Form:
By:
ty Attorney
wb�agWlucivhdoc Iwma)
L
NEWPORT - HARBOR ELKS LODGE #1767
By: 7 a r G
By: C h-i6e
CrrY OF NEWPORT BEACH
By:
Mayor
Attest:
By:(/1, V (g c' /7) i" ✓�
City Clerk
5
The Premises
(Legal Description)
A portion of Lot 1126, as shown upon a map of Tract No. 907, recorded in Miscellaneous Map
Book 28, Pages 25 to 36 inclusive, records of Orange County, California, and more particularly
described as follows:
Beginning at the most northerly corner of said Lot 1126; thence southwesterly along a
northwesterly line of said lot a distance of 135.52 feet to an angle point, said angle point being the
true point of beginning; thence southwesterly along the southwesterly prolongation of said
northwesterly line to an intersection with the southwesterly line of said lot; thence northwesterly
along said southwesterly line a distance of 51.74 feet, more or less to the beginning of a tangent
curve, concave to the northeast and having a radius of 10 feet; thence northerly along said curve
and along the westerly line of said lot an arc distance of 15.71 feet thence tangent to last mentioned
curve and northerly along the westerly line of said lot a distance of 15 feet to a corner of said lot
thence southeasterly along a northeasterly line of said lot to the true point of beginning.
0
The City Property
(Legal Description)
Description: City of Newport Beach, County of Orange:
That certain parcel of land in Government Lot 3 in Section 28, Township 6 South, Range
10 West, S.B.B. & M., particularly described as follows:
Beginning at the intersection of the line of ordinary high tide of the Pacific Ocean in
Newport Bay, as said line is set out in a Decree rendered May 25, 1928 in the Superior Court of
the State of California, in and for the County of Orange, a certified copy of which decree was
recorded May 29, 1928 in Book 167, page 194 of Official Records, and the Easterly line of Central
Avenue as Central Avenue is shown on Map No. 108 in Book 2, pages 1 et seq. of Official Maps
filed in the office of the County Recorder of Orange County, California, which point of
intersection is North 48 degrees 30' 33" West 3425.55 feet from the common corner of Sections
27, 28, 33 and 34, Township 6 South, Range 10 West, S.B.B. & M., thence along the line first
above mentioned South 79 degrees 00' East 51.90 feet; thence South 19 degrees 01' 30" West
135.52 feet; thence North 67 degrees 0l' West 60.00 feet to a point in the Easterly line of said
Central Avenue; thence along said Easterly line 124.43 feet to the point of beginning.
NEWPORT ORBOR ELKS BOARD OF OUSTEES
AND
BOARD OF CONTROL
REPORT ON PARKING LOT LEASE WITH CITY OF NEWPORT BEACH
POINTS OF FINAL VERSION GOING TO CITY COUNCIL
JANUARY 8 1996
TERM: 10 YEARS WITH 3 FIVE YEAR OPTIONS FOR A SUM OF 25 YEARS
RENT: THE LEASE CALLS FOR NO RENT TO ELKS FROM CITY BUT DOES
GRANT ELKS THE FOLLOWING
(A) CITY OF NEWPORT GIVE ELKS COMPLETE CONTROL OF PARKING LOT
FROM 6 PM TO 6 AM SEVEN DAYS A WEEK
(B) CITY OF NEWPORT BEACH WILL POST LOT UNDER CVC# SO THAT
ELKS WILL HAVE THE CONTROL OF ALL METERS IN PRESENT LOT
AFTER 6 PM
(C) CITY WILL ALLOW ELKS TO SUB LEASE PARKING LOT AT THEIR
DESCREATION
(D) ELKS WILL PAY CITY 50% AFTER ALL EXPENSES FOR ANY SUB -LEASE
OF PARKING LOT TO BE REPORTED ON A QUARTERLY BASIS TO CITY
(E) ELKS WILL WORK WITH CITY MANAGER AS TO WAY TO SECURE
AND OPERATE LOT EITHER BY LOT ATTENDANT, DROP GATE OR
ANY OTHER MEANS
REDEVELOPMENT: ELKS AGREE TO MEET WITH CITY ON ANY PLANS FOR
REDEVELOPMENT OF PROPERTY INVOLVED IN GOOD FAITH,
BUT DO NOT AGREE TO COMMIT ANY OF THE ELKS PROPERTY
FOR ANY SUCH PLAN WITH OUT GOING TO MEMBERSHIP, TRUSTEES
OR ANY OTHER GOVERNING BODY OF THE NEWPORT HARBOR ELKS
TERMINATION: CITY MAY CANCEL LEASE WITH 30 DAY ADVANCE NOTICE
TO ELKS ONLY AFTER CITY ADOPTS A REDEVELOPMENT PLAN
THAT INCLUDES CITY PROPERTY (PARKING LOT)
MAINTENANCE: CITY WILL MAINTAIN PARKING LOT AND OUR PROPERTY
TO SAME STANDARDS OF OTHER MUNICIPAL PARKING FACILITIES
UTILITIES: CITY SHALL PROVIDE ALL UTILITIES REQUIRED FOR PARKING
FACILITY
wl 0.3"y 11 199970y, T
CHAIRMAN NEWPORT HARBOR ELKS # 1767
FEBURARY 12 1996
ELKS LEASE CONDITIONS
1) WILL MAINTAIN CONTROL OF CITY OWNED PORTION OF
PARKING LOT FROM 6PM TO 6AM DAILY.
2) ELKS WILL REPORT TO CITY ON A QUARTERLY BASIS ON ALL
RENTAL INCOME FROM OTHER SOURCES THAN ELKS PARKING
AND REMIT TO CITY 50% OF NET PROFIT.
3) LEASE WILL EXTEND FOR A PERIOD OF (10) TEN YEARS WITH TWO
(5) FIVE YEAR RENEWALS.
4) ELKS WILL GIVE WARNINGS. FOR A PERIOD OF 30 DAYS AFTER
MARCH 1 1996 TO CARS PARKED IN LOT WITH WRITTEN NOTICE
AND KEEP RECORD OF LICENSE # FOR BACK UP.
5) ELKS HAVE RIGHT TO CLOSE LOT 6 TIMES A YEAR WITH ALL
FEES WAIVED FOR SOUND,LOT CLOSURE ETC.
6) ELKS WILL PARTICIPATE IN ANY REDEVELOPMENT PLAN
DISCUSSION WITH CITY WITHOUT COMMITTING ANY PROPERTY
WITHOUT THE OK OF MEMBERSHIP,NATIONAL OR ANY OTHER
FACTOR THAT IS IN FORCE AT THE TIME OF DISCUSSION.
PLAN TO REGAIN LOST REVENUE
1) CHARGE MEMBERS $2.00 FOR PARKING IN LOT
2) HAVE PARKING LOT TICKETS MADE UP SO EVERY CAR PARKED
AFTER 6PM HAS ONE UNDER THEIR WIPER BLADE.
3) HAVE DESIGNATED HOST OF DAY SELL PARKING TICKETS TO
ELKS AND GUESTS ON FIRST COME FIRST SERVE BASIS
GIVEN TO BOARD OF CONTROL 2/12/96
JOHN SIPPLE PARKING CHAIRMAN
PARKING EXCLUSIVELY FOR
NEWPORT HARBOR.ELKS
6 PM TO 6AM DAILY
ALL OTHERS WILL BE
TOWED AWAY AT
OWNER'S EXPENSE
PER CVC 22658
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14
0 a
PARKING LEASE AGREEMENT
NEWPORT - HARBOR ELKS LODGE #1767
This Lease (the "Lease') is entered into this �— day of -M q4�, 1996, by
the City of Newport Beach, a municipal corporation ( "City"), and the Newport- Harbor Elks Lodge
#1767, a non -profit corporation (the "Elks ").
RECITALS
A. The Elks is the owner of an irregular parcel of land more particularly described in
Exhibit "A" attached hereto (the 'Premises "). The Premises is a part of a larger parcel of property
owned by the Elks which is the current site of the Elks Lodge,
B. The City is the owner of a parcel of land adjoining the Premises, as more
particularly described in Exhibit 'B" attached hereto (the "City Property").
C. The City is currently utilizing the Premises as a municipal parking lot in conjunction
with the City Property (the 'Parking Facility "), pursuant to a month -to -month lease with the Elks
as authorized by Resolution 83 -40 of the City Council of City (the "Lease ").
D. The parties desire to enter into a long term Lease which provides adequate
consideration for the premises and grants the Elks exclusive control, use and occupancy of the
Parking Facility during the evening.
Now therefore, the parties hereby agree as follows:
1. Lease. The Elks hereby lease the Premises to the City and the City leases the
Premises from the Elks on the terms and conditions and for the consideration set forth in this
Lease.
2. Term. The term of this Lease shall be for a period of ten (10) years and two
months commencing on February 1, 1996 and terminating on March 31, 2006. City shall have the
right, at its sole option, to extend the term of this Agreement for three additional periods of five
years each, with the first option term to commence April 1, 2006. City shall deem to have
exercised its option to extend the term of this Lease unless, within 90 days prior to the expiration
of the original term, or any option term, City gives the Elks written notice of its intention not to
exercise its option.
3. Use. The City shall use the Premises only for the purpose of vehicular parking
during the term of this Lease and for no other purpose.
4. Consideration.
A. As consideration for the lease of the Premises to the City, the City agrees
that the use of and access to the Parking Facility shall be subject to the exclusive. control, use and
occupancy of the Newport Harbor Elks Lodge No. 1767 between the hours of 6 p.m. to 6 am. on
each day of the term of this Lease or 30 days after the execution of this Lease by all parties,
whichever occurs last. As additional consideration, Elks shall have the exclusive control, use, and
occupancy of the Parking Facility for a twenty -four (24) hour period, six (6) times per calendar
year, in conjunction with Newport Harbor Elks Lodge No. 1767 special events such as fund
raising events and the annual boat parade ( "Special Event ")
B. In consideration of the right to exclusive use, control, and occupancy of the
Parking Facility from 6:00 p.m. to 6:00 a.m., and during certain twenty -four (24) hour periods,
Elks shall pay City fifty percent (50%) of any consideration received by the Elks from third parties
for use of the Parking Facility, less the actual cost incurred by the Elks in managing or operating
the Parking Facility. As further consideration, the City agrees to waive the cost of Special Event
permit application fees required in conjunction with or related to Special Events. The Elks shall
provide the City with at least thirty (30) days notice prior to any Special Event.
5. Implementation. The parties shall, within 30 days after the execution of this
Agreement, agree on the means by which the provisions of this Agreement that pertain to the
control, use, and occupancy of the Parking Facility will be implemented. The procedures for
implementing this Agreement shall include the following:
A. The City shall post signs at appropriate locations advising motorists of the
times when the Parking Facility is subject to the exclusive control, use, and occupancy of the Elks; .
B. The Elks shall be solely responsible for providing barriers or other means
of controlling access to the Parking Facility at all times when the Elks have the right to exclusive
control, use, and occupancy of the Parking Facility, all subject to the prior approval of City.
C. City shall not enforce parking meters, or other parking restrictions during
those periods when the Parking Facility is subject to the exclusive control, use, and occupancy of
the Elks.
6. Maintenance. During the term of this Lease the City shall maintain the Parking
Facility to the same standard as other municipal parking facilities.
7. Hold Harmless. The parties agree that each shall indemnify, protect, defend and
hold harmless the other party and their respective officers, agents and employees, from any claims
or damages, costs, liens, judgments, penalties, permits, attorney's fees, expenses or liabilities
arising out of, involving or in dealing with, the occupancy of the Parking Facility by a party, or
any act, omission or neglect of a parry, its agents, officers, contractors, employees or invitees.
8. Utilities. The City shall provide all utilities required for the Parking Facilities.
9. Default; Remedies. In the event of a default in the performance of the terms and
conditions of this Lease by City which shall continue for a period of ten (10) days after the delivery
of written notice as provided herein, the Elks may elect to either require the specific performance of
the terms of this Lease in an appropriate judicial proceeding or to terminate this Lease. In the event
a cure cannot be accomplished in ten (10) days, no breach or default shall be deemed to have
occurred if the City commences a cure within said ten (10) day period and proceeds diligently to
complete said cure thereafter. In the event the Elks elects to terminate this Lease, the Elks shall
have the right to close off the Premises from the City Property by appropriate fencing and to utilize
the Premises exclusively for the parking of vehicles under the control and direction of the Elks or
any other purpose authorized by law.
10. Parking Requirements. It is acknowledged by the parties that the amount of
parking for the Elks Lodge is a lawful existing non - conformance and that by leasing the Premises
to the City, the amount of parking reserved exclusively to the Elks is reduced even further. It is the
intention of the parties that the consideration provided for this Lease is intended, in part, to mitigate
this impact. City further agrees that, in the event the Elks apply for a permit in which parking is a
• f
factor, the City will grant a parking area credit to the Elks in an amount equal to the area of the
Premises. In the event the City fails to give the credit for such space against the parking
requirements of the City as provided herein, the Elks may terminate this Lease on thirty (30) days
notice to the City.
11. Notices. All notices under this Lease shall be in writing and may be delivered in
person or may be sent by regular, certified or registered mail or U.S. Postal Service Express mail,
with postage prepaid, or by facsimile transmission, and shall be deemed sufficiently given, if
served in the manner provided herein. The following addresses shall be the address for the giving
of notice under this Lease:
If to City: City of Newport Beach
P. O. Box 1768
Newport Beach, CA 92663 -3884
Attn: City Manager
If to Elks: Newport Harbor Elks Lodge 1767
3456 Via Oporto
Newport Beach, CA 92663
Attn: Exalted Ruler/Parking Manager
Either party may specify a different address for the giving of notices hereunder by written notice
hereunder to the other parry.
Any notice sent by registered or certified mail, return receipt requested, shall be deemed
given on the date of delivery shown on the receipt card, or if no delivery date is shown, the
postmark thereon. If sent by regular mail the notice shall be deemed given forty-eight (48) hours
after the same is addressed as required herein and mailed with postage prepaid. Notices delivered
by U.S. Postal Service Express Mail or overnight courier that guarantees next day delivery shall be
deemed given twenty-four (24) hours after delivery to the U.S. Postal Service or courier. If notice
is transmitted by facsimile transmission or similar means, the same shall be deemed served or
delivered upon telephone confirmation or receipt of the transmission thereof, provided a copy is
also delivered via delivery or mail. If a notice is received on a Sunday or legal holiday, it shall be
deemed received on the next business day.
12. Redevelopment; Termination.
A. Redevelopment. The parties understand that the City may undertake to include the
area surrounding the Premises in a redevelopment plan and that such a plan may be mutually
beneficial to the parties. The Elks agree to meet in good faith with the City or the agents of the City
to explore redevelopment options which may include the City Property and the Premises as well as
other surrounding properties. Nothing herein contained, however, shall be construed as a
commitment on the part of the Elks to participate in such a plan or to commit their property to such
a plan.
B. Termination for Redevelopment. In the event the City adopts a redevelopment plan
which includes the City Property, the City may elect to terminate this Lease by providing thirty
(30) days advance written notice to the Elks. The City shall not be entitled to any proration or
refund of rent as a result of the termination of this Lease as provided herein.
C. Restoration of the Premises. In the event the City terminates this Lease as provided
herein or upon the expiration of the Lease, the City agrees that prior to the effective date of such
termination or expiration of this Lease, that the City shall.remove all parking meters and curb stops
3
9 0
from the Premises, patch or repair the surface of the Premises affected by such removal and
provide alternative ingress and egress to the City Property. Upon termination or expiration of this
Lease the Elks shall have the right to close off the Premises from the City Property by appropriate
fencing and to utilize the Premises exclusively for the parking of vehicles under the control and
direction of the Elks or any other purpose authorized by law.
13. Miscellaneous.
A. Severability. The invalidity of any provision of this Lease, as determined by a
court of competent jurisdiction, shall in no way affect the validity of any other provision hereof.
B. Time of Essence. Time is of the essence with respect to the performance of all
obligations to be performed or observed by the parties under this Lease.
C. Waivers. No waiver by the Elks of the default or breach of any term, covenant or
condition hereof by City, shall be deemed a waiver of any other term, covenant or condition
hereof, or of any subsequent default or breach by City of the same or of any other term, covenant
or condition hereof. The Elks consent to, or approval of, any act shall not be deemed to render
unnecessary the obtaining of the Elks consent to, or approval of, any subsequent or similar act by
City, or be construed as the basis of an estoppel to enforce the provision or provisions of this
Lease requiring such consent.
D. No Right to Holdover. City has no right to retain possession of the Premises or
any part thereof beyond the expiration or earlier termination of this Lease.
E. Attorney's Fees. If any party brings an action or proceeding.to enforce the terns
hereof or declare rights hereunder, the prevailing party (as hereafter defined) in any such
proceeding, action, or appeal thereon, shall be entitled to reasonable attorney's fees. Such fees
may be awarded in the same suit or recovered in a separate suit, whether or not such action or
proceeding is pursued to decision or judgment. The term, "prevailing party" shall include, without
limitation, a party who substantially obtains or defeats the relief sought, as the case may be,
whether by compromise, settlement, judgment, or the abandonment by the other party of its claim
or defense. The attorney's fee award shall not be computed in accordance with any court fee
schedule, but shall be such as to fully reimburse all attorney's fees reasonably incurred.
F. Authority. Each individual executing this Lease represents and warrants that he or
she is duly authorized to execute and deliver this Lease on behalf of the entity executing this Lease.
G. Amendments. This Lease may be modified only in a writing, signed by the parties
in interest at the time of the modification.
IN WITNESS WHEREOF, the parties have executed this Lease on the day and year herein
above written.
•
Approved as toForm:
r
By:
Q ty Attorney
.bl. bbAm (�)
NEWPORT- HARBOR ELKS LODGE #1767
By: - -�G
By: G� c G a -iz f6
CITY OF NEWPORT BEACH
By: ) r
Mayor
Attest
5
• EXHIBIT "A"
The Premises
(Legal Description)
A portion of Lot 1126, as shown upon a map of Tract No. 907, recorded in Miscellaneous Map
Book 28, Pages 25 to 36 inclusive, records of Orange County, Califomia, and more particularly
described as follows:
Beginning at the most northerly corner of said Lot 1126; thence southwesterly along a
northwesterly line of said lot a distance of 135.52 feet to an angle point, said angle point being the
true point of beginning; thence southwesterly along the southwesterly prolongation of said
northwesterly line to an intersection with the southwesterly line of said lot; thence northwesterly
along said southwesterly line a distance of 51.74 feet, more or less to the beginning of a tangent
curve, concave to the northeast and having a radius of 10 feet; thence northerly along said curve
and along the westerly line of said lot an are distance of 15.71 feet; thence tangent to last mentioned
• curve and northerly along the westerly line of said lot a distance of 15 feet to a corner of said lot;
thence southeasterly along a northeasterly line of said lot to the true point of beginning.
•
1WVI1.1YW1low
The City Property
(Legal Description)
Description: City of Newport Beach, County of Orange:
That certain parcel of land in Government Lot 3 in Section 28, Township 6 South, Range
10 West, S.B.B. & M., particularly described as follows:
•
Beginning at the intersection of the line of ordinary high tide of the Pacific Ocean in
Newport Bay, as said line is set out in a Decree rendered May 25, 1928 in the Superior Court of
the State of California, in and for the County of Orange, a certified copy of which decree was
recorded May 29, 1928 in Book 167, page 194 of Official Records, and the Easterly line of Central
Avenue as Central Avenue is shown on Map No. 108 in Book 2, pages 1 et seq. of Official Maps
filed in the office of the County Recorder of Orange County, Califomia, which point of
intersection is North 48 degrees 30'33" West 3425.55 feet from the common corner of Sections .
27, 28, 33 and 34, Township 6 South, Range 10 West, S.B.B. & M., thence along the line first
above mentioned South 79 degrees 00' East 51.90 feet; thence South 19 degrees 01' 30" West
135.52 feet; thence North 67 degrees 01' West 60.00 feet to a point in the Easterly line of said
Central Avenue; thence along said Easterly line 124.43 feet to the point of beginning.
•
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425 58 (6)
1 SUBLEASE
2
3 THIS AGREEMENT OF SUBLEASE made and entered into this
4 28th day of April 1958, at Newport Beach, California,
5 by and between the CITY OF NEWPORT BEACH, a municipal corporation,
6 hereinafter referred to,as "SUBLESSEE ", LODGE BUILDING CORPORATION,
7 a corporation, hereinafter referred.to as "LESSEE", and GRIFFITH
8 COMPANY, a corporation, hereinafter referred to as "LESSOR,".
9 WITNESSETH:
10 WHEREAS, Lessor is the owner of Lot 1126, of Tract No.
11 90 "7, Lido :Mainland; and
12 WHEREAS, Lessor and Lessee entered into a lease under
13 which Lessee leased said lot from August 1, 1952, to July 31,
14 I 200'7, from Lessor; and
15 WHEREAS, Sublessee owns certain land at the northerly:.
16 end of Central Avenue and intends to develop said land as a
17 parking lot; and
18 WHEREAS,. a portion of the lot owned by Lessor and leased
19 by Lessee lies .between Sublessee's land and Via Oporto; and
20 WHEREAS, it would be convenient.and useful for Sublessee.
21 to have possession of a portion of the lard under lease to Lessee
22 to use in connection with the parking lot for parking and for
23 ingress and egress to said parking lot;
24 NOW, THE1 ORE, the parties agree as follows:
25 1. Description, Sublessee leases from Lessee a portion
26 of the land under lease from Lessor described as follo =,s:
27 A portion of Lot 1126, as shorn upon a map of Tract
28 No, 907, recorded in Miscellaneous Map Book 28,
29 Pages 25 to 36 inclusive, :records of Orange Count,
30 California, and more particularly described as
31 follows:
32
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LLI
., e.
Beginning at the most northerly corner of said Trot
1126; thence southwesterly along a northwesterly line
of said lot a distance of 135.52 feet to an.angle point,
said angle point being the true point of beginning;
thence southwesterly along the southwesterly prolonga-
tion of said northwesterly line to an intersection with
the southwesterly line of said lot; thence northwesterl3
along said. southwesterly line a distance of 51.74 feet,
more or less to the beginning of a tangent curve, concave
to the northeast and having a radius of 10 feet; thence
northerly along said curve and along the westerly line
of said lot an are distance of 15.71 feet; thence tan-
gent to last mentioned curve and northerly along the
westerly line of said lot a distance of 15 feet to a
corner of said lot; thence southeasterly along a north-
easterly line of said lot to the true point of beginning.
2. Term, The term of the sublease shall be from May 1,
1958, to April ;o, 1983.
J. Rental. Sublessee will install and intends to
maintain parking meters on the leased premises and on its land at
the northerly end of Central Avenue being developed with said
leased premises as a parking lot. During the time meters are main-
tained on said lot, Sublessee shall pay to Lessee as rental twelve
per cent (12%) of the gross revenue received from all meters
Installed in the area bounded by Via Oporto, the center line of
Central Avenue, Newport Bay and Lessee's building adjoining the
proposed parking lot, or One Nundred Twenty Dollars ($120.00),per
year, whichever is greater. Should the meters be removed after
they have been in operation for more than one (1) year, the annual
rental shall be twelve per cent (12 %) of the amount of gross
revenue from the meters in the area herein described during the
twelve (12) complete months immediately preceding the time the
2.
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meters are removed or One Hundred Twenty Dollars ($120.00), which-
ever is greater.. In any other event the annual rental shall be
One Hundred Twenty Dollars ($120,00), rental shall be paid to
Lessee quarterly or monthly at the convenience of Sublessee. As
additional rental Lessee shall be permitted to have exclusive use
of all. that portion of the parking lot not in any street right of
way for any six. (6) days each year or portion of a year, provided
that Lessee shall give Sublessee notice of the days selected at
least thirty (0.0) days in advance.
4.
Use
and Maintenance.
The Sublessee shall use
the
property only
as a
parking lot or for
ingress or egress from
its
parking lot at that location; provided, however, that the proper
may be used for any facilities necessary or convenient for the
efficient operation of the parking lot. The property shall be
maintained by Sublessee with respect to lighting, surfacing and
cleaning in as good condition as other municipal parking lots are
maintained by Sublessee.
5. Termination. The sublease shall terminate upon the
termination of the lease between Lessor and Lessee for any cause.
The sublease shall also terminate if said Sublessee discontinues
using it in connection with the parking lot. If the lease between
Lessor and Lessee is canceled, Sublessee may continue to pay
Lessee the rent herein provided as long as Sublessee is in posses-
lion of the premises; provided, however, that Sublessee may in any
event remain in possession of the premises for ninety (90) days
after receiving notice of cancelation of the lease. The parties
recognize that Lessee by leasing the land to Sublessee is reducing
the area it has available for parking in connection with its preser
building. It is the intention of the parties that Lessee not be
penalized with respect to the present or future use of its building
as a result of said reduction in area. Lessee should, therefore,
receive credit for parking space equivalent to the area leased
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a
hereunder in connection with any application for a permit in the
consideration of which parking space is a factor. It is agreed tha
Sublessee is not hereby bound to grant any such permit; provided,
however, if Sublessee should fail in the consideration of any
application for any such permit to give credit for said parking
space at the request of Lessee, Lessee may terminate this sublease
by giving thirty (30) days, notice of termination. Upon terminatio
of this sublease, Sublessee shall remove all facilities except
paving placed upon the premises for use in connection with the
parking lot, and shall repair any holes or depressions caused as
a result of removing any such facilities.
6. Successors and Assigns. The terms of this sublease
shall inure to the benefit of and be binding upon the successors
and assigns of the Lessor, Lessee and Sublessee.
IN WITNESS WHEREOF the parties hereto have executed this
sublease on the day and year hereinabove written.
LODGE BUILDING CORPORATION
LESSEE
CITY NE4lPO ?T yEAC
By �o( • .1J
!ray or
t Jt�
Margery Schrouder, City Clerk
By P � -- t
�u�Y City y C7 erk�
SUBLESSEE
G LI
J 3y
By
4.
LESSOR
From minutes of Sppcial
' Meeting of Monday
April 28, 1958
BE IT RESOLVED that this corporation enter into
a sub -lease with the City of Newport Beach,
whereby a portion of the property held by this
corporation under lease from the Griffith Co.,
being a parcel approzimately 15 feet by 54 feet,
may be used by the City for a period of 25 years
as part of a public parking lot, the terms and
conditions of said lease being set forth in detail
in the copy of said lease which is attached and
made a part of the minutes of this meeting.
BE IT FLRTHER RESOLVED that the President and
' Secretary of this corporation be and they are
hereby authorized to execute such lease on behalf
of this corporation
THIS IS TO CERTIFY-
That _,._
That I am the �GiG� of Lodge Building
Corporation and that the akfove and foregoing reso-
lution was adopted at a special meetion on the
28th day of April, 1958.
IN WITNESS WFEREOF, I have hereunto set my
hand this Xr day of April, 1958•
evu
August 6, 1563
Mr. Marvin F. Rice, Secretary - Manager
Newport Harbor Elks Lodge 1767
3456 Via Oporto
Newport Beach, California
Dear Mr. Rice;
I have reviewed the lease between the
City and the Elks Lodge and find that it pro-
vides that the Club shall have exclusive use
of all of that pottion of the parking lot not
in the street right -of -way for six days each
year. We will be unable, therefore, to give
You exclusive use of the lot regularly on Thurs-
day mornings as you request in your letter of
July 18.
Very truly yours,
ROBERT COOP
1/m City Manager
JOHN PALEN, EXALTED RULER
CHARLES DABNEY, LEADING KNIGHT
JAY WALKER, LOYAL KNIGHT
HAROLD HOHLMAN, LECTURING KNIGHT
MARVIN RICE, SECRETARY
G. G. MILLIKIN, TREASURER
Newport Harbor Lodge 1767
Benevolent and Protective Order of Elks
3456 VIA OPORTO . NEWPORT BEACH, CALIFORNIA
TELEPHONE ORIOLE 3 -6110
July 18, 1963
Mr. Robert Coop, City Manager
City of Newport Beach
City Hall
Newport :Beach, California
Dear Sir:
T R U S T E E S
E. F. SHELL
VIC CARONNA
JESS BREWER
ROBERT WILLMES
MEL SHUB1N
The Board of Realtors will be meeting at the Newport
Harbor Elks Lodge No. 1767 every Thursday morning from
8:00 AM to 10:00 1M, starting September 5, 1963 and
every Thursday morning thereafter.
May we please have the use of the parking lot adjacent
to our Lodge at that time. If so please return a copy
of the letter with a signed permission to do so.
Thanking you in advance, I as
Very truly yours,
Marvin E. Rice
Secretary- Manager
894*9 MIS
ROBERT F. WILLMES. EXALTED RULER
,LESS R. BREWER. LEADING KNIGHT
ORVILLE'SCHLUETER, LOYAL KNIGHT
CALVIN FOSI^-, LECTURING KNIGHT
MAURICE AUFDER- HEIDE, SECRETARY
ANTHONY PETITTE, TREASURER
Newport Harbor Lodge 1767
Benevolent and Protective Order of Elks
3456 VIA CPCRTC _ NEWPORT BEACH, CALIFORNIA
TELEPHONE ORIOLE 3 -6110
June 20, 1958
Honorable Mayor and City Council
City of Newport Beach
City Hall
Newport Beach, California
Honorable Sirs:
T R O 5 T E E B
GEORGE EVERSON, CHRM.
ROBERT EASTMAN, SECTY-
CLIFF VARNER
GEORGE MACNAMARA
F. C. ANDRESEN
c ,iitW€i
CITY UA:
Pursuant to our lease we respectfully request
exclusive use of the parking lot adjoining the
Elks Lodge, Friday, Saturday and Sunday, August
22nd, 23rd, and 24th, 1959,
Please advise us when the request has been granted.
Yours very truly,
Robert F. Willmes, Exalted Ruler
90th ANNIVERSARY OF ELKDOM
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AGREEMENT OF CANCELLATION
THIS AGREMYT; made and entered into this, /�/' day,
of< 1952, by and between the City of Newport Seaah,
a auniolpal corporation of the 6th.class, hereinafter referred .
to as "City ", and Griffith Company, a California Cor,3oratlon,
hereinafter referred to as "Griffith",
`E ITNF. 5LTH s
THAT eH??.RW, the City and Griffith had entered into
a Luse dated October 27, 1947, covering a certain parcel of
land in 5eotion 28, Township 6 south, Range 10 West, S.D.B. & m.,
located in the City of Ne" rt Beach, County of Orange, State of
California, for a period of ten years from the 27th day of Oatobos
1947; and
fi'H` ?FAS, pursuant to an understanding between the par-
ties hereto that the therein demised premises would be leased to
the E.ks Lodge by the City, Griffith executed and the City a*-
cepted a surrender of said lease. based on said understanding;
and
qHER, by an Agreement of Lease dated April 14, 1952,
the City leased to Griffith a certain portion of Lot 1126'of
Tract 907 and by another Agreement of Lease dated April 14, 1952,
Griffith leased to the City a tertain other portion of Lot 1126
of Tract 907, the purpose of said exchange of lease* being to
straighten out the lines of said Lot 1126 *o .that a more effeo-
five use could he made thereof; and
WHER:AS, said exchange of Leases was also based on the
understanding that the City would lease the premises which were
the subject of the Agreement of Lease dst *d October 27, 1947 to
the Elks Lodge; and
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''WHEREAS, the Elks Lodge has withdrawn their request
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for a Lease from the City and it is not now contemplated that
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the .City will lease. said premises to, the Elks Lodge;
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NOV, THEREFORE, In: consideration. of. their mWtuaAl, pro -
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raises as hereinafter set forth, the parties hereto do agree as
s
follows: .
.7
(i }, It.is.hereby' agreed . that. the reepective agreements.
8.
of, lease, :dated April 14, 1952, between.the parties hereto are
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each hereby,oaneelled °and surrendered, and the surrender thereof
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is acceptsd by the Lessor in.each lease,
(2) it Is further.agreedbetween the parties hereto
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that .the.`Surrender of Lease. dated 'April '14, 1952,.wherein and
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whereby Griffith,surrendered to the City Its interest,uhder the'
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Agreement 'of Lease, dated October 27, 1947; is oanoelled and
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rescinded, and.the, agreement ` of Lease dated Ootobeer 27,.1947 is
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hereby reinstated as of 'April :l4, 1952,,with the,saae force and
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effect as.'though the parties had executed,a, new Lease on the same.
'
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practises and under the same terms,and,conditions,as set,out In
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said original, Agreement of Lease .dated .October 27, 1947 -'
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Ire WITNESS WHEREOF* the City of Newport Beach has this
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day paused its corporate name to be signed and its corp,o,rate
seal to be affixed by its Mayor ;and .,City .Clerk therounto duty'
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,authorised by Resolution.of its,City Council dated the 14th day.
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of July,. 1952, and the Griffith Company hat hereunto caused its
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corporate,name to bo- signed and its .corporate seal to be affixed
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by its President and Secretary thereunto duly authorized by. Res
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olu,ti, on of Its Board of Directors.
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CITY OF'),mWPORT BEACH GRI"ITH COMPARY
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Mayor "" """-'Zl1M. - iF t titer sidenz
W. R. Mrrt MBOreary
1
r AaRBEMEBT
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THIS AGREEMENT,. made and entered Into this 14th day of
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April, 1952, by and between the City of.Newport Beach, a munioi-
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pal corporation of the 6th olasa, hereinafter referred to as
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"City ", the Griffith Company, a California corporation,, herein-
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after referred to as "Griffith", and Bank of America National
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Trust and Savings Association, a National. Banking Association,
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hereinafter referred to as "Bank",
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WITNESSETH:
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That in consideration of their mutual promises and of
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the payments hereinafter set forth, the parties hereto do agree
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as follows:
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(1) That there has been paid by.the Bank to the City
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the sum of 00100.00, as a payment,on the purchase prioe.of car-
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tain real estate described as Lets 8, 9 and 10 of the Subdivision
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of Block 227, Section A. Newport Beach, Orange County, California
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That said payment has been made outside of . escrow and is now be-
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ing held by the City.
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(2) That the Bank has turned over to Griffith all of
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the Bank's right, title and interest in and to said.0,100.00.
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(j) That under the terms of an Agreement of Lease be-
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tween the City and Griffith, the same being dated October 27,
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1947, there is owing by Griffith to the City the sum of #1,181.44
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less the sum of $500.00 paid on October 27, 1947s leaving a bal-
28
anoe due under said Lease of $681.44 from Griffith to the City.
29
(4) That the City has incurred an expense in the sale
30
of said property as follows: 485.00 title and escrow expense,
31
4250.00 legal expense, and 41,550.00 real estate commission paid,
32
or a total of $1,885.00. That there is owing by Griffith to the
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City, as a result of said sale, the sum of-$1,855.00.
(5) That the total amount owed by Griffith to the City
on both the sale and Agreement of Lease is $2666.44 and that the
City shall subtract from the $3,100.00 heretofore paid it by the
Bank, said sum of $2,566.44, leaving a balance due from the City
to Griffith of $533.56•
(6) That the City is paying herewith to Griffith, the
sum of $533.56.
(7) That by virtue of the credits, debits and payments
set out in the preceding paragraphs hereof, it is agreed between
the three parties hereto that they hereby mutually release each
other from any and all obligation or claim for damage of whatso-
ever kind or nature, arising out of, growing out of or on account
of the purported purchase by the Bank from the City of the real,
property above described. It is further agreed that the sale, as
evidenced by the Escrow Instructions in Orange County Title Com-
pany, Escrow No. 230032 -WHP, is hereby rescinded and canceled and
all parties are released from any liability or claim for damages li
of whatsoever kind or nature, arising out of, growing out of, or
on account of said escrow instructions.
(S) It is further agreed between the parties that
M?iffith will execute and the City will accept a Surrender of a
Agreement of Lease of October 27, 1947 and that Griffith will be
released from any further liability arising out of said Lease.
IN WITNESS WHERE',OF, the parties hereto have hereunto
oaused their respective names and seals to be affixed by their
proper officers thereunto duly authorized, all as of the 15th day
of April, 1952-
GRIFFITH COMPANY
By President
By�iti• t`J *e_e= �Secretary
CITY OF NEWPORT BEACH
By MayOP
By City Clerk
BANK OF C ONAL TRUST
AVI OC ION
6eat.yice Pre
By � ZWZ Aset. Secy.
2
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AGREEMENT OF.LEASE,
This Agreement of Lease, made and entered Sate this
14th day of April, 1952,'by and between the City of Newport
Beach, a municipal corporation of the 6th class, hereinafter re-
ferred to as "City° and Griffith Company, a California Corpora -.
tion, hereinafter referred to: as sGriffith ",
WITNE83011:
That Griffith, for and in consideration of the exeoxs
tion by the City of a Lease,of even date herewith, covering a
certain portion of Lot 1126, as shown upon a map of.Traot 9079
Orange County, California, and further in consideration of the
covenants and agreements herein contained on the part of the
City, to be kept and performed, has desdsed and leased and does
by these presents demise and leas* 'uato the .City that certain
real property described as follows:
A parcel of land 'being a portion of Lot 1126, as shown
upon a Map of Tract 90T, reworded in Miscellaneous Maps,.
Book 28, Pages 25 to , Records of Orange: County, Caiif -.
ornia,-and more particularly described aajollows:
Beginning at the most Aortherly corner of said Lot 1126;
thence Southwesterly along a line parallel with the
Southeasterly lot line of said Lot 1126,.to its inter
section with tho.5outhwestorly line of seed Lot to the
true point of beginkIngi thsnae Northwesterly along the
sold Southwesterly line to the beginning of a curve eon-
cave to the Northeast and having a radius often (10)
feet; thence Northwesterly along said curve to a point .
In a Northwesterly life of said Lot; thence aloug said
Northwesterly line, a distance of fifteen (15) feet, to
a.00rner of said Lot 1126; thence Southeasterly along 'a..
line of said Lot 'Wits intersection with the aforemen-
tioned parallel line; then* Southwesterly along said
parallel.line to the point :of beginning,
on the following tome and conditions:
(1) The term of this Lease shall common** on April
16, 19552, and shall end on April 15m, 1977.
(2) Griffith further covenants and agrees with the
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City that the City..perfor9sing the covenants, terms and cordi
tlons of this Lease on the -part of the City to be kept. observe&
and performed, may and shall have the right at all times during .
the term of Vile Lease to quietly and peacefully holds possess,'
U se, occupy, and enjoy Bald leased land and promises and all Im
provements ahicIh map from time to time be placed therein; under
and by virtue of this Lease.
(j) in the event said, City shall default in may of
the terms, > conditions or covenants hereof, and said default shalt
continue for sixty (60) days after notice thereof in writing to
the City, then and in either or any of sueh events it shall be
lawful for Griffith, at its election, to dselaro :said term ended
and with or without process of law, to re- enter, and the said
City and every person in or upon said promises or any part there
of, to expel, remove and put out, using such foree as may be nos
eseary in se doing,.and to repossess and enjoy said promises
without prejudice to any rights or rsmedies whether by statute
or common law, which might, be used for bpeaoh of any term, eon
enant or stipulation of this Lease. In this connection the City
waives any c:o.mpensation for the forfeiture of said.term or the
possession of said dod eed.premises by Griffith, in the event of
the forfeiture of this Lease for any of the causes aforesaid,,
and hereby waives demand for the possession of the premises in
the event of the forfeiture of this Leans, and tigress that any.
.:notice that the City may desire or is required at. any time to.
give or serve upon the,City,.with reference.to the foregoing
covenants, or any other one In this Lease, may be sent by re
gastered mails postage prepaid thereon, to the.City, at such
address as.shall have b son ` last furnished in writing by the
City to Griffith, or may be left 'at such address in the care
of.any, employee of the City or Griffith may post notice don-
spicuoasly for ten consecutive days upon the said described
l i pr4adses,. and the giving of such notice in either way` above
2
described shall. constitute a good,.sufficient.and lawful notice
3 I in all cases whereby the terms of this.Lease is notice is re-,
4 II quired to be given by said City to the Company.
5 i41 The City, further covenants to `and with Griffith
6 that in the event the said Orlffith shall without any fault on
7 I its part, be sade a party to any litigation oommenee4 by or
8 against said City, that the: City will pay all costs, and reason -
9 able attorney's fees which may be incurred or paid by Griffith`
10 i in enforoing.the. covenants of thle Least, and. all, such costs
11 I and attorney's fees when paid by said Griffith shall be so such
12 i additional ooneideration for the..granting oP this Lease.
13 .,
1 ICI �YZPS8 W ff�R1
14 OP, the ClLy, of Newport Beach has this
15 day caused, Its corporate name to be signed end„its corporate
16 seal to be affixed by its Mayor and.City Clerk tbareunto duly
17,) authorised by Resolution. of its City Council _ dated the 14th
1g dgy.of April; 1952,: and the Griffith Company has hereunto caused
19 its corporate name to be signed and its'oorporate seal to be
20 affixed by its "President.and 3eorstgry thereunto duly authorized
21 by.Aesolutirva of its. Hoard of Directors, dated the day of
22 . A952.
23
... 24 CITY OF NP i.ACH . .
Mayor
:26
27 27 y C a
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29 GRIPFI2H Compxff
30 Hy
resint'" .
31
By
32 t at77
3
i
-•
l i pr4adses,. and the giving of such notice in either way` above
2
described shall. constitute a good,.sufficient.and lawful notice
3 I in all cases whereby the terms of this.Lease is notice is re-,
4 II quired to be given by said City to the Company.
5 i41 The City, further covenants to `and with Griffith
6 that in the event the said Orlffith shall without any fault on
7 I its part, be sade a party to any litigation oommenee4 by or
8 against said City, that the: City will pay all costs, and reason -
9 able attorney's fees which may be incurred or paid by Griffith`
10 i in enforoing.the. covenants of thle Least, and. all, such costs
11 I and attorney's fees when paid by said Griffith shall be so such
12 i additional ooneideration for the..granting oP this Lease.
13 .,
1 ICI �YZPS8 W ff�R1
14 OP, the ClLy, of Newport Beach has this
15 day caused, Its corporate name to be signed end„its corporate
16 seal to be affixed by its Mayor and.City Clerk tbareunto duly
17,) authorised by Resolution. of its City Council _ dated the 14th
1g dgy.of April; 1952,: and the Griffith Company has hereunto caused
19 its corporate name to be signed and its'oorporate seal to be
20 affixed by its "President.and 3eorstgry thereunto duly authorized
21 by.Aesolutirva of its. Hoard of Directors, dated the day of
22 . A952.
23
... 24 CITY OF NP i.ACH . .
Mayor
:26
27 27 y C a
28
29 GRIPFI2H Compxff
30 Hy
resint'" .
31
By
32 t at77
3
a
1 AGREEMENT OF LEASE
2
3 This Agreement of Lease, made and entered into this
4 14th day of April, 1952, by and between the City of Newport
5 Beach, a municipal corporation of the 6th olase, hereinafter re-
6 ferred to as "City" and Griffith Company, a California Corporal
7 tion, hereinafter referred to as gGriffith ",
8
9 WITNESSETH;
10
11 That Griffith, for and in consideration of the execu-
12 tion by the City of a Lease of even date herewith, covering a
13 certain portion of Lot 1126, as shown upon a map of Traot 907,
14 Orange County, California, and further in consideration of the
15 oovenants and agreements herein oontained on the part of the
16 City to be kept and performed, has demised and leased and`does
17 by these presents demise and lease unto the City that certain
18 real property described as follows:
19 A parcel of land being a portion of Lot 1126, as shown
upon a Map of Tract 907, recorded in Miscellaneous Mapa,
20 Book 29v Pages 25 to 36, Records of Orange County, Calif-
ornia, and more particularly described as follows:
21
Beginning at the most Northerly corner of said Lot 1126;
22 thence Southwesterly along a line parallel with the
Southeasterly lot line of said Lot 1126, to its.inter-
23 section with the Southwesterly line of said Lot to the
true point of beginning; thence Northwesterly along the
24 said Southwesterly line to the beginning of a curve con-
cave to the Northeast and having a radius of ten (10)
25 feet; thence Northwesterly along said curve to a point
in a Northwesterly line of said Lot; thence along said
26 Northwesterly line, a distance of fifteen (15) feet, to
a corner of said Lot 1126; thence Southeasterly along a
27 line of said Lot to its intersection with the aforemen-
tioned parallel line; thence Southwesterly along said -
28 parallel line to the point of beginning,
29 on the following terms and conditions:
30 (1) The term of this Lease shall commence on April
31 16, 1952, and shall end on April 15, 1977•
32 (2) %riffith further oovenants and agrees with
1
1 without first obtaining the written consent of the City for such
2 assignment, and Griffith further agrees in this connection not
3 to sublet said demised premises or any part or portion thereof,
4 without the written consent of the City.
5 Griffith further covenants and agrees that it will
6 not mortgage said leasehold interest, or any of the improvements
7 thereon, or to be placed thereon, without the express written
8 consent of the City first had and obtained.
9 In the event of bankruptcy or insolvency of Griffith,
10 this lease shall absolutely terminate and become of .no further
11 force or effect for any purpose whatever, and the City shall
12 have the right and is hereby given the right and privilege of
13 re -entry as in this lease provided for.
14 (3) The said City hereby oovenants and agrees that
15 Griffith performing the covenants, terms and conditions of this
16 lease on the part of Griffith to be kept, observed and perform -
17 ed, nay and shall have the right at all times during the term of
18 this lease to quietly and peacefully hold, possess, use, occupy
19 and enjoy said leased land and premises and all improvements
20 which may from time to time be placed therein, under and by vir-
21 tue of this Lease.
22 (4) In the event Griffith shall default in any of the
23 terms and conditions or oovenants, hereof, and said default shat'
24 continue for sixty s60) days after notice thereof in writing to
25 Griffith, then and in either or any of such events it shall be
26 lawful for the City, at its election, to declare said term ended
27 and with or without paboess of law, to re- enter, and said Griffi
28 and every other person in or upon said premises or any part
29 thereof, to expel, remove and put out, using such force as may
30 be necessary in so doing, and to repossess and enjoy said pre -
31 raises without prejudice to any rights or remedies whether by
32 statute or common law, which might be used for breach of any
2
1 term, covenant or stipultation of this leass. In this oonnec-
2 tioh Griffith waives any compensation for the forfeiture of said
3 term or the possession of said demised premises by the City, in
4 the event of the forfeiture of this lease, and agrees that any
5 notice that the City may desire or is required at any time to
6 give or serve upon Griffith, with reference to the foregoing
7 covenants, or any other one in this lease, may be sent by regis-
8 tered mail, postage prepaid thereon, to Griffith at such address
9 as shall have been last furnished in writing by Griffith to the
10 City, or may be left at such address in the care of any employee
11 of Griffith or the City may post notice conspicuously for ten
12 consecutive days upon the said described premises, and in the
13 giving of such notice in either way above described shall con -
14 stitute a good, sufficient and lawful notice in all oases where
15 by the terns of this lease a notice is required to be given by
16 said City to Griffith.
17 (5) Griffith further covenants to and with the City
18 that in the event the said City shall without any fault on its
19 part, be made a party to any litigation commenced by or against
20 said Griffith, that Griffith will pay all costs and reasonable
21 attorney's fees incurred by or impost upon said City, or by or
22 in connection with said litigation, and Griffith will pay all
23 costs and reasonable attorney's fees which may be incurred or
24 paid by the City in enforcing the oovenants of this Lease, and
25 all such costs and attorney's fees when paid by said City shall
26 be so much additional consideration for the granting of this
27 lease.
28
29 IN WITNESS WHEREOF, the City of Newport Beach has
30 this day caused its corporate name to be signed and its corpor-
31 ate seal to be affixed by its Mayor and City Clerk thereunto
32 duly authorized by resolution of its City Council dated the
3
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14th day,of April, 1952, and the %riffith Company has hereunto
2
caused its corporate name to be signed and its corporate seal
3
to be affixed by its President and Secretary thereunto duly
4
authorized' by Resolution of its Board of Directors dated the
5
day of _, 1952.
6
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CITY OF H
8
By
Mayor
9
Hy Gity
10
Z°ilerk
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GRIFFITH COMPANY
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By {
residen
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By Sri• - i��% -� :-
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cr�ar� y
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AGREEMENT OF CANCELLATION
THIS AGREEMENT, made and entered into this Nrl day
of 1952, by and between the City of Newport Beach,
a �46nicip al corporation of the 6th class, hereinafter referred
to as "City ", and Griffith Company, a California Corporation,
hereinafter referred to as "Griffith ",
WITNESSETH:
THAT WHEREAS, the City and Griffith had entered into
a Lease dated October 27, 19+7,. covering a certain parcel of
land in Section 28, Township 6 South, Range 10 West, S.B.B. & M.,
located in the City of Newport Beach, County of Orange, State of
California, for a period of ten years from the 27th day of Octob
19+7; and
WHEREAS, pursuant to an understanding between the par-
ties hereto that the therein demised premises would be leased to
the Elks Lodge by the City, Griffith executed and the City ac-
cepted a surrender of said lease, based on said understanding;
and
WHEREAS, by an Agreement of Lease dated April 14, 1952,
the City leased to Griffith a certain portion of Lot 1126 of
Tract 907 and by another Agreement of Lease dated April 14, 1952,
Griffith leased to the City a certain other portion of Lot 1126
of Tract 907, the purpose of said exchange of leases being to
straighten out the lines of said Lot 1126 so that a more effec-
tive use could be made thereof; and
WHEREAS,.said exchange of Leases was also based on the
understanding that the City would lease the premises which were
the subject of the Agreement of Lease dated October 27, 1947 to
the Elks Lodge; and
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to
WHEREAS, the Elks Lodge has withdrawn their request
for a Lease from,the City and it is not now contemplated that
the City will lease said premises to the Elks Lodge;
NOW, THEREFORE, in consideration of their mutual pro-
mises as hereinafter set forth, the parties hereto do agree as
follows:
(1) It is hereby agreed that the respective agreements
of lease, dated April 14, 1952, between the parties hereto are
each hereby cancelled and surrendered, and the surrender thereof
is accepted by the Lessor in each lease.
(2) It is further agreed between the parties hereto
that the Surrender of Lease dated April 14, 1952, wherein and
whereby Griffith surrendered to the City its interest under the
Agreement of Lease, dated October,27, 1947, is cancelled and
rescinded, and the agreement of Lease dated October.27, 1947 is
hereby reinstated as of April 14, 1952, with the same force and
effect as though the parties had executed a new Lease on the same
premises and under the same terms and conditions as set out in
said original Agreement of Lease dated October 27, 1947.
IN WITNESS WHEREOF, the City of Newport Beach has this
day caused its corporate name to be signed and its corporate
seal to be affixed by its Mayor and City Clerk thereunto duly
authorized by Resolution of its City Council dated the 14th day
of July, 1952, and the Griffith Company has hereunto caused its
corporate name to be signed and its corporate seal to be affixed
by its President and Secretary thereunto duly authorized by Res-
olution of its Board of Directors.
CITY OF NEWPORT BEACH
Mayor
� 1 y Qlerf
GRIFFITH COMPANY
S. M.oRIF }s rri President
w. R. HAMS ecretary
k
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RESOLUTION No.
399 •� -,y -s �' ,-
WHEREAS, the City of Newport Beach and the Griffith
Company had entered into a Lease dated October 27, 1947, covering
a certain .parcel of land in Section 28, Township 6 South, Range
10 West, SBB & M, located in the City of Newport Beach, County of
Orange, State of California, for a period of ten years from the
27th day of October 1947; and
WHEREAS, pursuant to an understanding between the par-
ties hereto that the therein demised premises would be leased to
the Elks Lodge by the City of Newport Beach, the Griffith Company
executed and the City of Newport Beach accepted a surrender of
said Lease, based on said understanding; and
WHEREAS, by an Agreement of Lease dated April 14, 1952,
the City of Newport Beach leased to the Griffith Company a certai
portion of Lot 1126 of Tract 907 and by another Agreement of
dated April 14, 1952, the Griffith Company leased to the City of
Newport Beach a certain other portion of Lot 1126 of Tract 907,
the purpose of said exchange of leases being to straighten out
the lines of said Lot 1126 so that a more effective use could be
made thereof; and
WHEREAS, said exchange of Leases was also based on the
understanding that the City of Newport Beach would lease the pi °e-
raises which were the subject of the Agreement of Lease dated
October 27, 1947 to the Elks Lodge; and
WHEREAS, the Elks Lodge has withdrawn their request
for a Lease from the City of Newport Beach and it is not now
contemplated that the City of Newport Beach will lease said pre-
mises to the Elks Lodge; and
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a proposed Agreement of Cancella-
tion between the City of Newport Beach and the Griffith Company,
by the terms of which the respective Agreements of Lease dated
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April 14, 1952 between the City of Newport Beach and the Griffith)
Company are cancelled and surrendered, and also by the terms of
which the Lease dated October 27, 1947 between the City of New-
port Beach and the Griffith Company is reinstated and the former
surrender thereof is cancelled and rescinded, said Agreement be-
ing dated this 121f� day of July, 1952; and
WHEREAS, it appears to be for the best interests of the
City of Newport Beach and its citizens that the said Agreement of
Cancellation be executed; and
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the
City Clerk by, and they are hereby, authorized and directed to
execute said Agreement of Cancellation dated the IY day of
July, 1952 in behalf of the City of NewPort Beach and to deliver
an executed copy thereof to the said Griffith Company.
The foregoing Resolution was duly passed and adopted
at a regular meeting of the City Council of the City of Newport
Beach, held on the IY" day of 19522 by the follow-
ing vote, to wit:
ATTEST:
Git y Clerk
AYE 8, COUNCILMEN:
NOES, 00UHCILM9N: 14xe,,k7-�
ABSENT COUNCILMEN: �
2
__ _�_ M.
o: .
-�-.t4 +149 - sly i9so
Yubr. at s® - &1 *3 , I t s r
hA-%•, (?ot 14 S I _ 6-FJ 1 Sj t 45z
&S, on
1� S. 4)o
'a �S, o a
IIFtw4f
d?A.)4
Po►-J I .S J � o n --
a � � .s.5e. 4. *t
9/�
C�IS�v
/Ocf
15�
lq3
. Telephone HArbor 3131
CITY OF NEWPORT BEACH
ssco N wp r si d. CALIFORNIA
r.
Tt.
Date Fair. lats 1959.
An per Le "ue, dated Get. c7tr+r 1947, on Uy Front Lot between
Lot 1124 Lich a Can" Ave. dent psyebie as yar Lease$
1, -1 iiv. 1. 1948........$ 290.00
NOV. 1. 1449 ...... .. 300.06
y%�7. 1. 1950........ 500.09
Nov. 1. 1951 ........ 300.00
Total $ 1$00.09
plaaew "sit.
N M07-2M -1.52
J. A. *ant. Auditor
Ci.y of Newport Beach.
vla, . o"ad . /6
A,
t t
FLUAW 1 46V'W*8 RVII&I"AlIft A&VM6 IIIIIIII bo"a"'Aft
GRIFFITH C6WANY. toed soUTN 0ROADVVAY, LOS ANGELr-- 13, CALIFORNIA
DATE OF
STAT-ME14T
E%. ...NATION
AMOUNT
DISCOUNT
ADJUSTMENT
NET AMOUNT
12/15/52
Lease of'Gity property for
parking space, Lido Shops.
500.00
As per Lease dated Oct. 27,191+7 oa
Bay Front Lot between Lot 1126 Lilo
and Central Avenue.
LJ
Tee�fjhene HArbor 3131
CITY OF NEWPORT BEACH
3300 Newport s1vd. CALIFORNIA
Date.-Dec. lo, 1952
Griffith Company _
1060 S. Broadway
Los Angeles .15 Calif.
As per Lease dated Oct. 27. 1947 on Bay Front Lot
Detveen Lot 1126 Lido & Central Aws.
Nov. 1. 1952 .....................$500.00
Finance 0ffiger
ND 607-2M-! 52
.. "M!!!flMVle �ve�Ya
aa^
bum
Pumak' 1'lEYAdi YMN 1{�I'RANl� iloY.faE B�FOR4 "K1q' .. - +•«•..--.::..
y C+RIFFMH COMPANY, 1060 SOUTH BROADWAY, LOS ANOELEE 'S, CALIFORNIA -,
DATE OF
STATEMENT
EXP. .ATION
AMOUNT
DISCOUNT
ADJUSTMENT
NET AMOUNT
9/8/52
Lease of City Parking lot, Lido
Shops 4/15/52 to 9/2/52
318.56
NB 156- 2500 -4/52
City of. New
Beach
N° 250
/j
NEWPORT BEACH, CALIF..
195 `2z
RECEIVED
S
Y/o
v DoLUes
DETAI "��
i
CREDIT
FUND
FUND $ FINANCE OFFICE
NB 156- 2500 -4/52
r
PRINCIPAL OFFICE
1060 SOUTH BROADWAY
LOS ANGELES 15
PRcGPEOT 9343
GfIFFITH COMPANY
CONTRACTORS
BUILDING PAVING GRADING
September 8, 1952
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California
Attention: Mr. Hannahs
Gentlemen:
BRANCHES
LOS ANGELES
2555 E. OLYMPIC BLVD. - ANGELUS 9 T94
BAKERSFIELD
P.O. DRAWER P, STATION A • 77989
SAN DIEGO
BOX G. NILLCREST STATION - JACKSON 2127
WILMINGTON
P. O. BOX 133 - TERMINAL 42655
Pursuant to invoice of September 21 1952
for lease of parking lot adjacent to Lido Wharf for
period April 15 to September 2 1952 we enclose our
check #12398 in the amount of 4318.59.
JWS:eb
Yours very truly
GRIFFITH COMPANY
J. W. Sisson
PRINCIPAL OFFICE
1060 SOUTH BROADWAY
LOS ANGELES 18
PROSPECT 9348
GOFFITH COMPANY
CONTRACTORS.
BUILDING PAVING GRADING
July 28, 1952
City of Newport Beach
City Ball
Newport Beach, California
Attention: Mr. C. K. Priest
City Clerk
Gentlemen:
BRANCHES
LOS ANGELES
4335 E. OLYMPIC BLVD. - ANGELUS 3184
BAKERSFIELD
P.O. DRAWER F. STATION A. TTSSS
SAN DIEGO
BOX G. HILLOREST STATION . JACKSON 2127
WILMINGTON
P.O. BOX 133 _ TERMINAL 44333
In accordance with your letter of July 25,
1952 we have executed and return to you original and
one copy of Agreement cancelling the Exchange Agree-
ments of April 14, 1952, and reinstating the Lease
covering the City Bay Front Lot between Lot 1126,
Tract 907, and Central Avenue.
Yours truly
GRIFFITH COMPANY
F1. R. Mirams
Secretary
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Enc.
GAFF[TH. COMPANY
CONTRACTORS
BUILDING PAVING GRADING
Mr. C. K. Priest
City Clerk
City of Newport Beach
Newport Beach, California
Dear Mr. Priest:
In accordance with your letter of April 17, 1952
we have executed and return to you the following
Agreements:
1. Tripartite Agreement between the
Griffith Company, the City, and
the Bank of America.
2. Lease from the City to the Griffith
Company of a certain portion of Lot
1126 - Tract 907.
3. Lease from the Griffith Company to the
City of a certain portion of Lot 1126 -
Tract 907.
After execution, please return our copy.
Yours truly
GRIFFITH COMPANY
W. R. Mirams
Secretary
4vRM: d
Enc.
BRANCHES
PRINCIPAL OFFICE
LOS ANGELES
1060 SOUTH BROADWAY
2555 E. OLYMPIC BLYV.. ANGELUS 5194
LOS ANGELES 15
BAKERSFIELD
PROSPSOT 9343
P.O. DRAWER F. STATION A . 77959
SAN DIEGO
BOX O. HILLCRELT STATION. JACKSON 2127
WILMINGTON
P.O. Box 133. TEEMINAL 42555
April 29., 1952
Mr. C. K. Priest
City Clerk
City of Newport Beach
Newport Beach, California
Dear Mr. Priest:
In accordance with your letter of April 17, 1952
we have executed and return to you the following
Agreements:
1. Tripartite Agreement between the
Griffith Company, the City, and
the Bank of America.
2. Lease from the City to the Griffith
Company of a certain portion of Lot
1126 - Tract 907.
3. Lease from the Griffith Company to the
City of a certain portion of Lot 1126 -
Tract 907.
After execution, please return our copy.
Yours truly
GRIFFITH COMPANY
W. R. Mirams
Secretary
4vRM: d
Enc.
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ORANGASCOUNTY TITLE @OMPANY
FIFTH AND MAIN STREETS — PHONE KI 2 -5621
SANTA ANA, CALIFORNIA
PRELIMINARY REPORT
Issued for Sole Use of . City of Newport Beach
• City Hall
• Newport Beach, California
Our No. 246509 -Cf S
Your No.
Attention: Mr. Gant
In connection with your application for ............................. ......................... . ..... Policy of Title Insurance in our usual form
on the title to the land hereinafter described, this report is issued as an accommodation, and is made without liability
and without obligation to issue such Policy.
Statement of charges will be rendered when Policy is issued, or ninety days from entry of application, if Policy is not
issued prior to that time.
Dated as of --- APTiI --- 3rd., - -- 1952....... at 8:00 A. X � CC}i � TLS COMPANY
By.... - - -/�~ - - -
ASSI8TANT TITLE OFFICER
Vestee: CITY OF NEWPORT BEACH. a municipal corporation.
Description: City of Newport Beach, County of Orange,
That certain parcel of land in Government Lot 3 in Section 28, Township 6 South,
Range 10 West, S. B. B. & M., particularly described as follows:
Beginning at the intersection of the line of ordinary high tide of the Pacific
Ocean in Newport Bay, as said line is set out in a Decree rendered May 25th, 1928 in
the Superior Court of the State of California, in and for the County of Orange, a
certified copy of which decree was recorded May 29th, 1928 in Book 167, page 194 of
Official Records, and the Easterly line of Central Avenue as Central Avenue is shown
on Map No. 108 in Book 2, pages 1 et seq. of Official Maps filed in the office of
the County Recorder of Orange County, California, which point of intersection is
North 480 30' 33" West 3425.55 feet from the common corner of Sections 27, 28, 33 and
34, Township 6 South, Range 10 West, S. B. B. is M., thence along the line first above
mentioned South 790 00' East 51.90 feet; thence South 190 01' 30" West 135.52 feet;
thence North 670 01' West 60.00 feet to a point in the Easterly line of said Central
Avenue; thence along said Easterly line 124.43 feet to the point of beginning.
Subject to:
Taxes for fiscal year 1952 -1953, not yet payable.
�xwwsm�>m -
PRINCIPAL OFFICE
1080 SOUTH BROADWAY
Los ANGELES 15
PROSPECT 8843
GOFFITH COMPA*NY
CONTRACTORS
BUILDING PAVING GRADING
March 25, 1952
City of Newport Beach
City Hall
Newport Beach, California
BRANCHES
LOS ANGELES
2555 E. OLYMPIC BLVD. - ANGELUS 8194
BAKERSFIELD
P.O. DRAWER F, STATION A - 77959
SAN DIEGO
BOX G, HILLCREET STATION - JACKSON 2127
WILMINGTON
P.O. BOX 1SS - TERMINAL 42859
RE: Lease on Bay Front Lot
between Lot 1126 - Tract
907 and Central Avenue
Attention: Mr. John J. Sailors
Gentlemen:
We understand that the Elks Lodge wish to lease that
parcel of property above referred to now under lease,
dated October 27, 1947, between the City of Newport
Beach and this company.
We agree to a termination of our lease with the under-
standing that the property then will be leased to the
Elks Lodge.
It is our further understanding that we are to be
charged our pro rata share of the present lease rental.
Yours truly
GRIFFITH COMPANY
W. R. Mirams.
Secretary
WRM:d
I
U
PRINCIPAL OFFICE
1050 SOUTH BROADWAY
LOB ANGELES 15
PROSPECT 9343
c.
CLC�
GOFFITH COMPONY
CONTRACTORS
BUILDING PAVING GRADING
October 1% 1951
City of Newport Beach
Newport Beach, California
Attention: John Sailors
City Manager
Gentlemen:
BRANCHES
LOS ANGELES
2555 E. OLYMPIC BLVD. - ANGELUS 5194
BAKERSF19W
P.D. DRAWER F, STATION A - 77959
SAN DIEGO
BOX G. H14LCREST STATION - JACKSON 2127
WILMINGTON
P.O. BOX 133 - TERMINAL 42855
This is in connection with Orange County Title
Company Escrow Not 230032 WHP in which we have
been assigned the position of the Bank of America.
The Escrow provided for conveyance by deed of
certain property from the City of Newport Beach
to the Bank of America within sixty (60) days
from July 10j, 1950. This provision has not been
complied with.
As you have been previously adviseds the property
is not acceptable to us at this late date.
Yours truly
GRIFFITH COMPANY
W. R. Mirama
WRM:d Secretary
cc - Orange County Title Company
Main Street at Fifth
Santa Ana, California
AttN: Mr. William H. Penn
Assistant Secretary
Order No. 230032
CIT *OF NEWPORT BSCH
MEMORANDUM: From City Mork
To ..... C.i-ty -.. Atly!--X.0ffvt ... -- - - - - --
.......... 24 19 1 1$, -1t
T$e Council at its regular moo" on Oat..22na aulfoM$ed
You to draft a resolution authorising the City Aitorner to tease :\
the neoessaryy legal steps to complete the sale of certain
property with Orange County Title Company gsoror No. 230032 WHP.
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i
Reply wanted 11
Reply not necessary ❑ By........ -.. ............ ...............................
CKP
N8- 30— �OM� -16