HomeMy WebLinkAboutC-2317 - Land use agreementC -317
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MAR 2 2 1982
By *0 C47Y COUNCIL RESOLUTION NO.
am OF NWIPORT BLACK
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH APPROVING A LAND USE
AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH
AND THE UNIVERSITY OF SOUTHERN CALIFORNIA AND
NEWPORT /MESA UNIFIED SCHOOL DISTRICT AND
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE SAME
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain Land Use Agreement between
the City of Newport Beach and the University of Southern
California and Newport /Mesa Unified School District in connection
with the lease of same; and
WHEREAS, the City Council has reviewed the terms and
conditions of said Land Use Agreement and finds them to be
satisfactory and that it would be in the best interest of the
City to execute said Land Use Agreement,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the Land Use Agreement above -
described is approved, and the Mayor and City Clerk are hereby
authorized and directed to execute the same on behalf of the City
of Newport Beach.
ATTEST:
City Clerk
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ADOPTED this J day of , 1982.
Mayor
ORIGINAL
Al 0 NA AVJ
AR 2 21982
Ael LAND USE AGREEMENT
Li B� e CITY COUNCIL
G111f OF NEWPORT MiACH
This Agreement, made this _ day of , 1982,
by and between the CITY OF NEWPORT BEACH, a Municipal
Corporation, (hereinafter "CITY "), the UNIVERSITY OF SOUTHERN
CALIFORNIA, (hereinafter "USC") and the NEWPORT -MESA UNIFIED
SCHOOL DISTRICT (hereinafter "DISTRICT "), is made with reference
to the following facts, the existence and materiality of which is
stipulated and agreed by the parties hereto:
(a) On or about DISTRICT closed the Corona
del Mar Elementary School, due to declining enrollment,
and the property occupied by that school has remained
vacant since the closure;
(b) On or about DISTRICT, pursuant to the
provisions of Section 39369 of the Education Code of the
State of California, adopted a Resolution declaring its
intent to enter into a Lease Agreement, with respect to
the above - described school property.
(c) Subsequent to , DISTRICT received two (2)
sealed bids, and, thereafter, on or about
and pursuant to the provisions of
Section 39371 of the Education Code of the State of
California, opened the bids in public session, called
for oral bids, pursuant to Section 39372 of the
Education Code, and accepted the bid of USC, which was
the highest of the two bids received.
(d) DISTRICT and USC entered into a Lease for the Corona del
Mar Elementary School property, on November 24, 1981, a
copy of which is attached hereto as Exhibit "A ".
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(e) On December 14, 1981, DISTRICT adopted Resolution No.
23- 12 -82, by a unanimous vote of its members, and a copy
of this Resolution is attached hereto as Exhibit "B" and
incorporated by reference. By this resolution the
DISTRICT attempteel purported to exempt itself and its
lessee, USC, from the building and zoning ordinances of
CITY.
(f) USC proposes to use the school property for educational
purposes, to hold classes day and every night, to make
certain cosmetic changes are made to the property, to
convert some classrooms into office space and /or
counselling areas, and to increase the parking available
on -site to allow for the parking of eppeeximately not
more than 150 vehicles.
(g) The school property lies within the corporate limits of
the City of Newport Beach, is zoned "U ", and the
proposed use of the property by USC would, except for
the action of DISTRICT, as set forth on Exhibit "B ",
require approval of CITY, in the form of a Use Permit.
(h) The property leased to USC by DISTRICT lies within a
residential neighborhood, and the proposed use will be
more intensive than that of an elementary school, such
that the traffic and noise generated by users of the
leased property would, if not conditioned as set forth
herein, disturb the peace and quiet of the neighborhood.
(i) CITY may have certain legal remedies available to either
postpone the proposed use and /or to prohibit such
proposed use of the property by USC, and USC must first
obtain the permission of CITY, to make curb cuts along
Carnation and Dahlia Avenues as a precondition to on-
site parking.
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(j) The parties hereto wish to avoid litigation by imposing
certain conditions on the use of the property by USC,
such that the impacts of the use on the neighborhood are
minimized.
NOW, THEREFORE, the parties hereto agree as follows:
1. DUTIES OF CITY CITY, in consideration of the
promises contained herein agrees to do the following:
A. To forebear from the commencement of any
litigation challenging the procedure utilized by DISTRICT in
leasing on November 24, 1981 the Corona del Mar Elementary School
property to USC, the procedure utilized by DISTRICT in exempting
itself and its lessee from the application of the building and
zoning ordinances of CITY with respect to the above - referenced
lease, the right of the DISTRICT, under the circumstances of this
lease, to exempt itself and its lessee from those building and
zoning ordinances, or challenging the action of DISTRICT or USC
in leasing and /or using the Corona del Mar Elementary School
property, in the manner set forth above, based upon non-
compliance with the provisions of the California Environmental
Quality Act (CEQA).
B. To grant to USC the right to make curb cuts
along Carnation and Dahlia Avenues, between Second and Third
Streets, at a location and in such manner as is approved by the
Public Works Department of the CITY of Newport Beach.
2. DUTIES OF THE DISTRICT DISTRICT, in consideration
of the promises of CITY, as set forth herein, and in recognition
of the economic benefit to it if the property is used by USC as
proposed, agrees to do the following:
A. To forebear from challenging the validity of
this agreement, for whatever reason, including, but not limited
to, a challenge based upon public policy considerations or
impairment of rights under existing agreements.
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B. To provide notice to residents within three
hundred feet of the leased property of any additions to, or
alterations in, the leased property or the use thereof, which
notice is to be reasonably calculated to advise all persons of
the proposed additions or alterations, and the date and time of
the public hearing thereon.
3. DUTIES OF USC USC, in consideration of the
promises of CITY, as set forth herein, and in recognition of the
economic benefit to it if the property is used as proposed,
agrees to do the following:
A. To forebear from challenging the validity of
this Agreement, for whatever reason, including, but not limited
to, a challenge based upon public policy considerations or
impairment of rights under existing agreements.
B. To provide notice to residents, within three
hundred feet of the leased property, of any additions to, or
alterations in, the leased property or the use of the property,
and which notice is reasonably calculated to advise all persons
of the proposed additions or alterations, and the date and time
of the public hearing thereon.
C. To limit the number of students on the leased
property, seep at any one time to 150, or fewer, and ensure that
the available on -site parking is sufficient, given the standards
used by CITY, to determine parking requirements, to satisfy the
needs of that number of students as well as faculty and support
staff.
D. To take all steps necessary to ensure that
students using the leased property utilize the on -site parking,
including, but not limited to, elimination of any charge for
parking and the distribution of written material to each student
advising of the need to use on -site parking.
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E. To obtain CITY approval of the on -site parking
facilities, including the manner of ingress and egress to and
from the parking lot, the internal circulation within the lot,
the location of curb cuts along Carnation and Dahlia Avenues, and
the manner in which the lot is striped to delineate individual
parking spaces.
F. To vacuum sweep the parking lot and all other
portions of the leased property.
G. To limit the number of parking spaces provided
on site to 169 150 spaces, or less.
H. To submit, and obtain CITY approval of, a
lighting plan, showing all proposed lighting improvements, and to
design those improvements in such a manner as to minimize the
impact of the improvements on adjoining residential properties.
I. To preserve a majority of the existing playing
field, to maintain the field, to allow use of the field at all
times that the property is in use, and to permit access to the
playing field during daylight hours on Saturday and Sunday, and
to construct, where necessary, fences to separate the playing
field from the parking lot, and gates to allow access to the
field from Carnation and Dahlia.
J. To terminate all classroom activity on the
leased property at 4 -49 P -M. 8:30 P.M during weekdays, and to
terminate all activity at 9:00 P.M. on weekdays and to terminate
all activity at 5:00 P.M. during weekends and holidays.
K. To apply for and obtain a Use Permit from CITY
for any change in the intensity of the use of the leased
property, or any addition to or alteration in the facilities or
improvements on the leased property and which is to occur over
and above the nature and intensity of the use by USC as of
January 15, 1982 and which is to be be undertaken subsequent to
June 1, 1982.
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4. TERM OF THE AGREEMENT The term of this agreement
shall be for a period Eleven (11) years, commencing November 24,
1981, and continuing until November 23, 1992. It is the intent
of the parties that the term of this agreement coincide with the
term of the Lease Agreement, (Exhibit "A "), executed by USC and
DISTRICT on November 24, 1981, and any termination of that Lease
Agreement, when combined with a cessation of the use of the
leased property by USC, or any successor -in- interest to USC,
shall operate to terminate this Agreement.
5. REMEDIES In the event of any breach of this
Agreement, and in addition to any other remedy or relief that may
be available by virtue of law, statute or ordinance, the non-
breaching party may bring an action for specific performance by
the breaching party. Further, each of the parties hereto agrees
that there would be irreparable injury to a non - breaching party
if there is a failure to perform any of the duties set forth in
paragraphs 1 through 3 of this agreement. Each of the parties
hereto also agrees that monetary damages would be difficult to
ascertain, and would not fully compensate the non - breaching
party, in the event of the failure of another party, to perform
the duties required hereunder.
6. ATTORNEY'S FEES AND COSTS In the event that any
party hereto brings any legal action to enforce any of the terms
and /or conditions of this Lease Agreement, the prevailing party
in such litigation shall be entitled to reasonable attorney's
fees, costs and necessary expenses incurred in the prosecution of
the litigation, in addition to any other relief to which that
party may be entitled.
7. ENTIRE AGREEMENT /ASSIGNMENT This Lease Agreement
constitutes the entire agreement of the parties hereto and
supersedes any and all other agreements, either oral or in
writing, between the parties, and any modification of this
agreement will be effective only if it is in writing and signed
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by the party to be charged. This agreement is binding on the
successors and assigns of the parties hereto, but shall not be
assigned by USC or DISTRICT, without the prior written consent of
CITY, which consent shall not be unreasonably withheld.
8. PARTIAL INVALIDITY If any provision of this
Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remaining provisions shall
nevertheless continue in full force, without being impaired or
invalidated in any way.
Executed at Newport Beach, California on the day and
year first above written.
APPROVED AS TO FORM
City Attorney
City of Newport Beach
DISTRICT
By:
Newport -Mesa Unified School DISTRICT
USC
By:
University of Southern California
CITY
By:
City of Newport Beach
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1I LEASE AGREEMENT
2 THIS LEASE, between the NEWPORT -MESA UNIFIED SCHOOL DISTRICT
3 hereinafter referred to as "DISTRICT ", and the University of Southern
4 California , hereinafter referred to as "TENANT ", is
5 entered into this 24th day of November , 1981.
6 1. DISTRICT leases to TENANT that certain real property
7!.referred to as Corona del Mar School located at 610 Carnation,
8 Corona del Mar.
9 2. The term of this Lease shall be for a period beginning
10 1st day of January 1982, and ending the 31st day of
11 December 1987. The Lease may be extended for additional
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p�nw 12 periods not exceeding five (5) years upon a mutual agreement of
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13 both parties in writing agreeing to such extension. Extensions
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;oyo;� 14 of such Lease shall provide for increases in rent due during such
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3aErig 15 extensions in the same matter as semi - annual increases are provided
16 for the basic term of the lease.
17 3. TENANT agrees to pay DISTRICT the sum of $ 34,500
18 semi - annually ($_69 000 annually) for rental of the leased
19� premises. Each installment shall be due on the last day of the
20 month preceding the six (6) month period for which the installment
21 is due.
22I� The amount of the semi - annual rent set forth shall be
23 increased semi - annually for rent due on and after July 1, 1982,
24 according to the following U.S. Department of Labor, Bureau of
25 Labor Statistics index: Consumer Price Index for all Urban
26 Consumers (CPIU) Los Angeles -Long Beach - Anaheim, California.
27 The first increase effective for rent due after July 1,
28 1982, shall be based on the weighted Bureau of Labor Statistics
REF. 21.1 EX? id � 1 E1
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1 index as ibvided above between Janull 1 1982 and Jul
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2I 1, 1982. Each subsequent increase in rental payment shall be
3`based on prior six month change in the index between July 1
41and January 1 or January 1 and July 1. The percent change in
5 the Consumer Price Index shall be applied to the previous six
6 months' lease payment to determine the amount of increase.
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7 at any rental adjustment date there shall not exist the
8 Consumer Price Index in the same format as recited in this
91 section, the parties shall substitute any official index pub -
10fI lished by the Bureau of Labor Statistics or successor similar
111 governmental agency, as may then be in existence and shall be
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T4,; 13 4. The TENANT shall not assign all or any part of the
UUM
Cc on: 14 premises. TENANT may sublease with the consent in writing of
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X1 "1 15 DISTRICT. In subletting with prior permission of DISTRICT,
Spi 16 any income received by TENANT in excess of One Hundred Percent
17 (1008) of the lease payments shall be shared equally between
18 DISTRICT and TENANT. TENANT shall not make any alterations
19 or additions to the premises without^ permission of DISTRICT.
20 Any alterations or additions to premises with permission of
21 DISTRICT shall be at the sole cost of TENANT-
221 5. The Board of Education shall determine whether any
231 proposed use is an acceptable use. If the Board of Education,
24 in its sole discretion, determines that the proposed use would
25 result in an unacceptable concentration of vehicles for extended
26 periods of time, such use may be denied. It is required that
27 the fields shall be made available for the use of the Community
28 for recreational purposes during hours of non -use by the lessee.
REF. 21.2
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1 6. TENANT shall, during the term of this lease, keep in
2 good order, condition and repair, the entire leased facility,
3 including the repair of windows, roofs, painting and service
4 systems to the buildings. TENANT shall also pay DISTRICT for all
5 repairs necessitated by TENANT or TENANT's invitees' missue
61 of the leased premises.
71 TENANT shall, during the term of the Lease, keep the
8i interior of the premises and every part thereof in good order,
9 condition and repair.
10 If TENANT fails to perform its obligations under this
11 section, DISTRICT may, at its option, after ten (10) days written
5-
12 notice to Tenant, enter upon the premises and put the same in
«� <n 13 good order, condition and repair, and the cost thereof shall
9060°3^ 14 become due and payable as additional rental by Tenant to DISTRICT
= a Ef 15 upon demand.
dg«jju 16 On the last day of the term hereof, or on any sooner term-
« 17 ination, TENANT shall surrender the premises to DISTRICT in the
18 same condition as when received, broom clean, ordinary wear and
19 tear excepted.
20 TENANT shall, at its own cost and expense, provide all
21 janitorial supplies and services to the leased premises, which
22shall include but not limited to the replacement of restrooms
23 supplies, lightbulbs, and fluorescent tubes.
24� TENANT shall at its own cost and expense, maintain the
25 landscaping of the leased premises in an attractive condition.
26 7. TENANT agrees, at its own expense, to maintain in
27 force during the term of this Lease full comprehensive public
28 liability insurance, insuring against all claims for injuries
REF. 21.3
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to persons or property occurring in, upon, or about the leased
premises. Said policy shall have limits of not less than
$5,000,000 for injuries to person or persons, and not less than
$1,000,000 for property damage. TENANT shall supply DISTRICT
with a Certificate of Insurance of such policy, and it agrees
to provide an endorsement to such comprehensive liability policy
or policies showing DISTRICT as an additional insured with respect
to claims arising out of TENANT'S occupancy and use of the leased
premises.
The DISTRICT shall carry the necessary policy, or policies,
covering the hazards of fire, vandalism, malicious mischief, and
"extended coverage ", in an amount of at least ninety percent
(908) of replacement cost. Tenant shall as additional lease pay-
ments reimburse DISTRICT the premium cost of said insurance.
8. Tenant shall cause all utility services to be placed
in its name and shall pay all charges therefore during the term
of this Lease.
9. All notices pursuant to this Lease shall be addressed
as set forth below, or as either party may hereafter designate by
written notice, and may be sent through the United.States mail
to:
DISTRICT Business Office
Newport -Mesa Unified School District
P.O. Box 1368
Newport Beach, California 92663
TENANT University of Southern California
University Park
Los Angeles, California 90007
10. TENANT recognizes that the entering into of this Lease
may subject TENANT to property taxes by reason of a property
REF. 21.4 !/
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Resolution 23 -12 -82
. RESOLUTION OF THE
NEWPORT -MESA UNIFIED SCHOOL DISTRICT
WHEREAS, Newport -Mesa Unified School District (the "District ")I
has entered into a short term lease of the Corona del Mar School
to the University of Southern California; and
WHEREAS, the use will be similar to the previous use by this
District in that the use will be for classroom purposes; and
WHEREAS, District is authorized to lease property for short
term purposes pursuant to Education Code Section 39360 et seq.; and
WHEREAS, the Corona del Mar School will still retain its
status as a public school; and
WHEREAS, in the opinion of this Board the continued use of
the Corona del Mar School for classroom purposes is appropriate.
NOW, THEREFORE, BE IT RESOLVED pursuant to provisions of."/
Government
�S j
i iE Code Section -53094, this Board does hereby render any
ordinance of the City of Newport Beach inapplicable to the proposed
continued use of the Corona del Mar School for classroom purposes.
BE IT FURTHER RESOLVED that the Secretary of this Board is
hereby directed to notify the City of Newport Beach of this action
ADOPTED, SIGNED AND APPROVED this 14th day of December, 1981:
BOARD OF EDUCATION OF THE
NEWPORT -MESA UNIFIED SCHOOL
DISTRICT
t DEC! 71961> B .
City Manager
President
�^ City of new; "t Bahr
BY
Vice President /Clerk
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Resolution 23 -12 -82
. RESOLUTION OF THE
NEWPORT -MESA UNIFIED SCHOOL DISTRICT
WHEREAS, Newport -Mesa Unified School District (the "District ")I
has entered into a short term lease of the Corona del Mar School
to the University of Southern California; and
WHEREAS, the use will be similar to the previous use by this
District in that the use will be for classroom purposes; and
WHEREAS, District is authorized to lease property for short
term purposes pursuant to Education Code Section 39360 et seq.; and
WHEREAS, the Corona del Mar School will still retain its
status as a public school; and
WHEREAS, in the opinion of this Board the continued use of
the Corona del Mar School for classroom purposes is appropriate.
NOW, THEREFORE, BE IT RESOLVED pursuant to provisions of."/
Government
�S j
i iE Code Section -53094, this Board does hereby render any
ordinance of the City of Newport Beach inapplicable to the proposed
continued use of the Corona del Mar School for classroom purposes.
BE IT FURTHER RESOLVED that the Secretary of this Board is
hereby directed to notify the City of Newport Beach of this action
ADOPTED, SIGNED AND APPROVED this 14th day of December, 1981:
BOARD OF EDUCATION OF THE
NEWPORT -MESA UNIFIED SCHOOL
DISTRICT
t DEC! 71961> B .
City Manager
President
�^ City of new; "t Bahr
BY
Vice President /Clerk
EXH10i °
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STATE OF CALIFORNIA )
ss..
COUNTY OF ORANGE j
I, JOHN W. NICOLL, Secretary of the Board of Education of the
Newport -Mesa Unified School District, DO CERTIFY that the foregoin
resolution was duly adopted by the Board of Education of said
District at a special meeting of said Board held on the 14th day
of December, 1981, at which it was adopted by the following votes:
AYES: Skilling, Wayman, Franco, Hess, Loofbourrow, MacMillian, Werne
NOES: none
ABSENT: none
ABSTAIN: none
r
BOARD OF EDUCATION OF THE
NEWPOP,T -MESA UNIFIED SCHOOL
DISTRICT
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CITY OF NEWPORT BEACH
Office of
CITY ATTORNEY
By the CITY COUNCIL
CITY OF NEWPORT BRACH
March 22, 1982 Agenda Item No. x _�
To: Honorable Mayor and Members of the City Council
From:
Assistant
City
Attorney
Subject:
Corona del
Mar
Elementary School /USC
INTRODUCTION
On February 22, 1982 the City Council directed this office to continue
to monitor the continuing dispute between the residents of Corona del
Mar, the University of California and the Newport Plesa Unified School
District. The City Council also directed this office to respond to
comments made by Ralph J. Askin, Supervising Architectural Advisor in
the School Facilities Planning Unit in the Department of Education,
State of California.
DISCUSSION
The Coastal Commission is scheduled to consider the application of the
University of Southern California for a coastal permit on March 15, 1982.
This office has been advised that the Coastal Commission staff report
will recommed approval of a coastal development permit to allow USC
to use the property subject to certain conditions. It is our under-
standing that the staff report will recommend that a traffic study be
conducted with respect to the potential traffic impacts of the adult
school on Pacific Coast Highway and that approval will be conditioned
upon the agreement of the University to allow a parking area during
weekends, to serve as a staging area for transportation to public
beaches. The City Attorney's Office will advise the Council, at the
March 22, 1982 meeting of the action taken by the Coastal Commission,
if any, on March 15, 1982.
The lawsuit filed by residents against USC and the school district is
still pending. Counsel for USC and the residents have advised this
office that the Motion for Preliminary Injunction has been taken off
calendar, and USC has agreed to give the residents 30 days written
notice of their intent to do any work and furtherance of their plans,
or to use the premises as school facilities.
Memo to City Council
March 22, 1982
Page 2
This office has reviewed the communication from Mr. Askin and we
have the following comments. Other then the provisions of Govern-
ment Code Section 53090 et seq., we can find no new information
that would support Mr. Askin's claim that "substantial use of public
school buildings and property, for other then public school use,
requires conformance of local zoning, a zoning change or issuance of
a conditional use permit by local zoning authorities." We are re-
cycling a previous memo outlining the provisions of Section 53090 as
well as the provisions of the sections that follow which authorize
the school district to exempt itself from the application of our
building and zoning ordinance. This office has communicated with
Mark Weinberger, the attorney for the residents, and Mr. Weinberger,
who is aware of the communication from Mr. Askin, is also unaware of
any precedent that would support the broad statement of Mr. Askin.
This office has contacted the City of Palo Alto and they are similarly
unaware of any such authority.
During the additional research conducted by this office in response to
City Council direction we did uncover a statute in the Education Code
which may provide additional grounds for invalidating the districts'
actions should the City Council choose to litigate the matter. That
section, 38384 Educational Code, setsforth a legislative intent with
respect to the procedures to be utilized by school districts prior
to leasing vacant classrooms to other educational agencies. The pro-
cedures, which may be advisory as opposed to mandatory, appear to
require the appointment of a district advisory committee composed of
local citizens, to advise the district how best to utilize surplus
school property. It is unknown, at this time, if the district fully
complied with these requirements..
RECOMMENDATION
None.
Concur; e
MICHAEL H. MILLER
ROBERT
CITY OF NEWPORT REACH
Office of
CITY ATTORNEY
December 14, 1981
TO: MAYOR AND MEMBERS OF THE CITY COUNCII:
FROM: ACTING CITY ATTORNEY
SUBJECT: LEASE OF CORONA DEL MAR ELEMENTARY SCEOOL
TO USC.
INTRODUCTION
The Newport -Mesa Unified School District has leased the
Corona Del Mar Elementary School facilities to the University
of Southern California, a private institution. USC now
proposes to use those facilities to operate a graduate
school of business branch and offer evening classes. Our
zoning ordinances, under the facts of this case, would
require USC to first obtain a use permit authorizing those
activities. The following discussion centers on the question
whether our zoning and building ordinances are applicable
to the district and /or its lessee.
DISCUSSION
In the late 1950's two court rulings exempted local school
districts from local building and zoning ordinances on the
ground that they were state agencies and therefore immune
from local regulation. In response to these rulings the legis-
lature adopted laws which subjected agencies of the state which
performed local governmental or proprietoary functions to local
zoning and building ordinances. §53090, et. seq., Govt. Code.
A school.dstrict may render local ordinances inapplicable
to a "proposed use of the property by such school district"
upon a two - thirds vote of its members to so do. § 53094.
A "local agency ", which by definition includes a school district,
may, upon a four fifths vote and after making certain findings
as to "feasible alternatives" render zoning and building ord-
inances inapplicable to a "proposed use of property ".
There are no court rulings which all
conviction, questions concerning whi
provisions apply in this case, or wh
At a minimum, the District must, in
ative action, to exempt itself from
and must thereafter notify the City
which authorize the District to take
the City to challenge the decision c
action in Superior Court.
ow us to answer, with
ch of the two exemption
ether they apply at all.
our opinion, take affirm -
application of our ordinances,
of its action. The laws
this action, also authorize
f the District by filing an
If it is the desire of the City Council to litigate any action
by the District to exempt itself from our ordinances direction
should be given to this office at the December 14, 1981 meeting
as the action should be filed as soon as possible.
Finally, it has just come to the attention of this office that
substantial improvements are anticipated in conjunction with
the lease to USC and that no environmental documentation was
prepared and /or considered by the District at the time the
decision to lease was made. If litigation of this issue is
desired, the decision should be made on December 14, 1981
to insure the viability of this claim.
ROBERT H. BURNHAM
MAR 2 2 1982
i 0
CORONA DEL MAR
COMMUNITY ASSOCIATION
P. O. BOX 516
By the CITY COUNCIL CORONA DEL MAR, CALIFORNIA 9
CITY QF NEWPORT YiACH FEBRUARY 22, 1981
Nancy Lucast
California Coastal Zone Conservation Commission
666 E. Ocean Blvd
Suite 3107
Long Beach, CA 90801
Dear Ms. Lucast:
CCUN(4 MERIDA
f\
p\S,i pF N
�E�'YrrJ..J
g 1982
t,���/
Mi
Re: USC Usage Of Corona Del Mar Elementary School (Permit 5- 82 -28)
The Corona del Mar Community Association Board of Directors would
like to express their opinion that use of Corona del Mar Elementary as
a daytime elementary, junior high school is similar to previous usage. The
effect of such a school on the residential community is acceptable as shown
by the high community support for such usage.
The Community Association Board of Directors would like to reaffirm
their position that USC's usage of the property as an upper level college
graduate school with a night time and week -end as well as daytime activities
differs significantly from previous usage and such usage should undergo
normal public use permit scrutiny via the city planning use permit process.
We feel that a full investigation will show that USC planned and permitted
usage will significantly and adversely affect traffic on Pacific Coast Highway
as well as be disruptive to the adjacent residential community, Not only
will night time and week -end parking be unavailable to local residents but
traffic conjestion will be present on local and through streets, Additionally,
park and playground area available for public usage in an area short of such
property will be removed.
Very truly yours,
)\Z
Richard A. Nichols
President
cc: Newport Beach City Council
Newport Mesa School Board of Education
1 W d > ai
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I
January 7, 1982
To: Newport Beach City Council
Dear Ladies and Gentlemen:
0
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1I 192
Ci Ci(y Ma 1.
}Y 0/ M1'e:v eager
04 Kedah .t
C1 -a- 1r]
• _Z__3
435 Goldenrod
Corona del Mar, CA 92625
For some time now there has been controversy over the future use of the
Corona del Mar elementary school on Carnation in Corona del Mar.
Recently it has been reported to the residents of the city that the ele-
mentary school is, in fact, closing down and is going to be leased to
the University of Southern California for an adult education center.
Several things come to my mind involving this transaction and I would
like to bring them to your attention. The leasing of an elementary
school facility to an adult education center somewhat changes the
physical aspects of the property:
1. Interior classrooms would need to be altered;
2. Playground equipment once used by the children in the community
must be removed;
3. There will be increases
4. Safety equipment, such
to be installed in the
5. On- street parking will
surrounding the school.
in traffic patterns;
as commercial' overhead lighting would need
parking lot.
undoubtedly scatter over several blocks
If, in fact, the population growth trends necessitate the closing of
this school and it can no longer be used for its original intent, have
you taken into consideration that this is a one square block location
in a predominately residential area? It would seem that the school
should be maintained for use by children as a private educational or
child care facility. Or perhaps returned to the community via sale and
bid to residential developers. UC Irvine is approximately a seven minute
drive from this location and is adequately serving the needs of the adult
community.
Who, in fact, will be responsible for the liability involved in any
changes now being contemplated at this location?
It is my understanding that some walls would need changing on the in-
terior of the building, fountains lowered, and parking and lighting
added to prepare it for this change in usage. I would question which
government body is responsible for these alterations. What is the re-
sponsibility of the city planners and officials of Newport Beach? Who
now will accept the liability? Who has studied and given proper input
to the noise factors, overflow parking and light skirting problems,
0 - 2 -
n
�J
crime, protection and various problems that can be brought about by
changes made to a property when it is changed from one type of usage
to another?
Regardless of what position you now hold or what property you are now
managing for the benefit of the citzens and community, it would seem
to me that you would fall under the same requirements and same author -
atative bodies as anyone else bringing about alternations and.changes <to a
piece of property.
You have a responsibility to the city to obtain permits and to properly
go through the same studies of potential hazards and anticipated problems
as any other developer. Has an E.I.R. report been made? Has the Coastal
Commission been consulted?
You have set out to lease property under your management and if this
is your intent,.you should follow the same rules required of all other
individuals or d'evelopers. To hide or disguise yourselves as conducting
the business of the community would be shameful for you are conducting
business with a commercial entity. And I wonder if a real-estate school,
Sawyer School of Business, or a John Robert Powers Modeling School would
have been given the same consideration.
Let us not interest ourselves in the glut of profit at the expense of
conducting our job's in the proper manner.
I am sending copies of this letter to those officials who would possi-
bly have an interest in this transaction and would appreciate a response
from them as well as yourselves.
When a property is given and dedicated to the education of children
and it is no longer needed for that purpose, it should not be treated
as a commercial piece of property to be merely leased.to the highest
bidder. This way of conducting business is deplorable; goes against
the precepts of our American Constitution, and will destroy the trust
of all people.
Sincerely,
Melvin J Hoeff Se
MJH /dk
cc: City of Newport Beach
Mayor - Jackie Heather
City Attorney - Robert H. Burnham
Chief of Police - Charles R. Gross
Newport -Mesa Unified School District
Coastal Commission
Building Department
Planning Department
State of California, Department of Education - Ralph Askin
` 3 r.
WILSON RILES
Superintendent of Public Instruction
and Director of Education
January 18, 1982
0 (a 0
STATE OF CALIFORNIA
DEPARTMENT OF EDUCATION
STATE EDUCATION BUILDING, 721 CAPITOL MALL, SACRAMENTO 95819
Melvin J. Hoeffiiger
435 Goldenrod
Corona del Mar, CA 92625
Dear Mr. Hoeffliger:
This letter is in response to your letter of January 7, 1982, to the Newport
Beach City Council, concerning an alternative use to Corona Del Mar Elementary
School.
It has been generally held that substantial use of public school buildings and
property, for other than public school use, reguires conformance with local
zoning, a zoning change, or issuance of a conditional use permit by local zon-
ing authorities.
You may wish to contact the City of Palo Alto, among others, for specifics.
Conformance with local zoning requirements should assure that your concerns have
been reviewed by responsible public agencies.
Sincerely,
1_e e 1A'r,
alph J Askin
Supervising Architectural Advisor
School Facilities Planning Unit
Field Managment Services Bureau
(916) 445 -8546
RJA:es
cc: Newport -Mesa Unified School District
NEWPORT BEACH POLICE DEPARTMENT
P.O. BOX 7000, NEWPORT BEACH, CA 92660 CHARLES R. GROSS
(714) 644 -3701 Chief of Police
January 15, 1982
Mr. Melvin J. Hoeffliger
435 Goldenrod
Corona del Mar, California 92625
Dear Mr. Hoeffliger: "
This is in response to your recent letter regarding anticipated police
problems associated with Corona del Mar Elementary School.
While I would be most happy to discuss current criminal problems and police
response in Newport Beach, questions such as yours should be directed to the
Office of the City Manager.
Yours truly,
Charles R. Gross
Chief of Police
870 Santa Barbara Drive, Newport Beach
• 0 C -a31r3
OFFICE OF THE CITY ATTORNEY
0-°
aN j. l 1982
BY tits i:ii'i COUNCIL
CITY. OF ',',WPORT P ACH
MEMORANDUM
January 4, 1982
TO: Honorable Mayor & Members of the City Council
FROM: Robert H. Burnham - Acting City Attorney
RE: USC Land Use Agreement
Attached please find a Land Use Agreement which has been
revised, pursuant to suggestions made by Councilman Strauss.
The revisions are shown by the underlined words. The
majority of the changes proposed by Councilman Strauss seem to
clarify the terms of the agreement and should be incorporated
into the final agreement.
The one major substantive change is the time at which
activity at the school must cease - the change being from
9:40 p.m. to 8:30 p.m.
lam'
R bert H. Burnham
LAND USE AGREEMENT
This Agreement, made this day of 1982,
by and between the CITY OF NEWPORT BEACH, a Municipal
Corporation, (hereinafter "CITY "), the UNIVERSITY OF SOUTHERN
CALIFORNIA, (hereinafter "USC ") and the NEWPORT -MESA UNIFIED
SCHOOL DISTRICT (hereinafter "DISTRICT "), is made with reference
to the following facts, the existence and materiality of which is
stipulated and agreed by the parties hereto:
(a) On or about , DISTRICT closed the Corona
del Mar Elementary School, due to declining enrollment,
and the property occupied by that school has remained
vacant since the closure;
(b) On or about
DISTRICT, pursuant to the
provisions of Section 39369 of the Education Code of the
State of California, adopted a Resolution declaring its
intent to enter into a Lease Agreement, with respect to
the above - described school property.
(c) Subsequent to DISTRICT received two (2)
sealed bids, and, thereafter, on or about
, and pursuant to the provisions of
Section 39371 of the Education Code of the State of
California, opened the bids in public session, called
for oral bids, pursuant to Section 39372 of the
Education Code, and accepted the bid of USC, which was
the highest of the two bids received.
(d) DISTRICT and USC entered into a Lease for the Corona del
Mar Elementary School property, on November 24, 1981, a
copy of which is attached hereto as Exhibit "A ".
(e) On December 14, 1981, DISTRICT adopted Resolution No.
23- 12 -82, by a unanimous vote of its members, and a copy
of this Resolution is attached hereto as Exhibit "B" and
incorporated by reference. By this resolution the
DISTRICT.attempteel purported to exempt itself and its
lessee, USC, from the building and zoning ordinances of
CITY.
(f) USC proposes to use the school property for educational
purposes, to hold classes day and every night, to make
certain cosmetic changes are made to the property, to
convert some classrooms into office space and /or
counselling areas, and to increase the parking available
on -site to allow for the parking of appfox#mately not
more than 150 vehicles.
(g) The school property lies within the corporate limits of
the City of Newport Beach, is zoned "U ", and the
proposed use of the property by USC would, except for
the action of DISTRICT, as set forth on Exhibit "B ",
require approval of CITY, in the form of a Use Permit.
(h) The property leased to USC by DISTRICT lies within a
residential neighborhood, and the proposed use will be
more intensive than that of an elementary school, such
that the traffic and noise generated by users of the
leased property would, if not conditioned as set forth
herein, disturb the peace and quiet of the neighborhood.
(i) CITY may have certain legal remedies available to either
postpone the proposed use and /or to prohibit such
proposed use of the property by USC, and USC must first
obtain the permission of CITY, to make curb cuts along
Carnation and Dahlia Avenues as a precondition to on-
site parking.
2
(j) The parties hereto wish to avoid litigation by imposing
certain conditions on the use of the property by USC,
such that the impacts of the use on the neighborhood are
minimized.
NOW, THEREFORE, the parties hereto agree as follows:
1. DUTIES OF CITY CITY, in consideration of the
promises contained herein agrees to do the following:
A. To forebear from the commencement of any
litigation challenging the procedure utilized by DISTRICT in
leasing on November 24, 1981 the Corona del Mar Elementary School
property to USC, the procedure utilized by DISTRICT in exempting
itself and its lessee from the application of the building and
zoning ordinances of CITY with respect to the above- referenced
lease, the right of the DISTRICT, under the circumstances of this
lease, to exempt itself and its lessee from those building and
zoning ordinances, or challenging the action of DISTRICT or USC
in leasing and /or using the Corona del Mar Elementary School
property, in the manner set forth above, based upon non-
compliance with the provisions of the California Environmental
Quality Act (CEQA).
B. To grant to USC the right to make curb cuts
along Carnation and Dahlia Avenues, between Second and Third
Streets, at a location and in such manner as is approved by the
Public Works Department of the CITY of Newport Beach.
2. DUTIES OF THE DISTRICT DISTRICT, in consideration
of the promises of CITY, as set forth herein, and in recognition
of the economic benefit to it if the property is used by USC as
proposed, agrees to do the following:
A. To forebear from challenging the validity of
this agreement, for whatever reason, including, but not limited
to, a challenge based upon public policy considerations or
impairment of rights under existing agreements.
3
B. To provide notice to residents within three
hundred feet of the leased property of any additions to, or
alterations in, the leased property or the use thereof, which
notice is to be reasonably calculated to advise all persons of
the proposed additions or alterations, and the date and time of
the public hearing thereon.
3. DUTIES OF USC USC, in consideration of the
promises of CITY, as set forth herein, and in recognition of the
economic benefit to it if the property is used as proposed,
agrees to do the following:
A. To forebear from challenging the validity of
this Agreement, for whatever reason, including, but not limited
to, a challenge based upon public policy considerations or
impairment of rights under existing agreements.
B. To provide notice to residents, within three
hundred feet of the leased property, of any additions to, or
alterations in, the leased property or the use of the property,
and which notice is reasonably calculated to advise all persons
of the proposed additions or alterations, and the date and time
of the public hearing thereon.
C. To limit the number of students on the leased
property, sueh at any one time to 150, or fewer, and ensure that
the available on -site parking is sufficient, given the standards
used by CITY, to determine parking requirements, to satisfy the
needs of that number of students as well as faculty and support
staff.
D. To take all steps necessary to ensure that
students using the leased property utilize the on -site parking,
including, but not limited to, elimination of any charge for
parking and the distribution of written material to each student
advising of the need to use on -site parking.
4
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0
E. To obtain CITY approval of the on -site parking
facilities, including the manner of ingress and egress to and
from the parking lot, the internal circulation within the lot,
the location of curb cuts along Carnation and Dahlia Avenues, and
the manner in which the lot is striped to delineate individual
parking spaces.
F. To vacuum sweep the parking lot and all other
portions of the leased property.
G. To limit the number of parking spaces provided
on site to 168 150 spaces, or less.
H. To submit, and obtain CITY approval of, a
lighting plan, showing all proposed lighting improvements, and to
design those improvements in such a manner as to minimize the
impact of the improvements on adjoining residential properties.
I. To preserve a majority of the existing playing
field, to maintain the field, to allow use of the field at all
times that the property is in use, and to permit access to the
playing field during daylight hours on Saturday and Sunday, and
to construct, where necessary, fences to separate the playing
field from the parking lot, and gates to allow access to the
field from Carnation and Dahlia.
J. To terminate all classroom activity on the
leased property at 9 -49 P -M. 8:30 P.M during weekdays, and to
terminate all activity at 9 :00 P.M. on weekdays and to terminate
all activity at 5:00 P.M. during weekends and holidays.
K. To apply for and obtain a Use Permit from CITY
for any change in the intensity of the use of
property, or any addition to or alteration in
improvements on the leased property and which
and above the nature and intensity of the use
January 15, 1982 and which is to be be undert
June 1, 1982.
5
the leased
the facilities or
is to occur over
by USC as of
aken subsequent to
U
0
4. TERM OF THE AGREEMENT The term of this agreement
shall be for a period Eleven (11) years, commencing November 24,
1981, and continuing until November 23, 1992. It is the intent
of the parties that the term of this agreement coincide with the
term of the Lease Agreement, (Exhibit "A "), executed by USC and
DISTRICT on November 24, 1981, and any termination of that Lease
Agreement, when combined with a cessation of the use of the
leased property by USC, or any successor -in- interest to USC,
shall operate to terminate this Agreement.
5. REMEDIES In the event of any breach of this
Agreement, and in addition to any other remedy or relief that may
be available by virtue of law, statute or ordinance, the non -
breaching party may bring an action for specific performance by
the breaching party. Further, each of the parties hereto agrees
that there would be irreparable injury to a non - breaching party
if there is a failure to perform any of the duties set forth in
paragraphs 1 through 3 of this agreement. Each of the parties
hereto also agrees that monetary damages would be difficult to
ascertain, and would not fully compensate the non - breaching
party, in the event of the failure of another party, to perform
the duties required hereunder.
6. ATTORNEY'S FEES AND COSTS In the event that any
party hereto brings any legal action to enforce any of the terms
and /or conditions of this Lease Agreement, the prevailing party
in such litigation shall be entitled to reasonable attorney's
fees, costs and necessary expenses incurred in the prosecution of
the litigation, in addition to any other relief to which that
party may be entitled.
7. ENTIRE AGREEMENT /ASSIGNMENT This Lease Agreement
constitutes the entire agreement of the parties hereto and
supersedes any and all other agreements, either oral or in
writing, between the parties, and any modification of this
agreement will be effective only if it is in writing and signed
P
0 0
by the party to be charged. This agreement is binding on the
successors and assigns of the parties hereto, but shall not be
assigned by USC or DISTRICT, without the prior written consent of
CITY, which consent shall not be unreasonably withheld.
8. PARTIAL INVALIDITY If any provision of this
Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remaining provisions shall
nevertheless continue in full force, without being impaired or
invalidated in any way.
Executed at Newport Beach, California on the day and
year first above written.
APPROVED AS TO FORM
City Attorney
City of Newport Beach
DISTRICT
By:
Newport -Mesa Unified School. DISTRICT
USC
By:
University of Southern California
CITY
By:
City of Newport Beach
7
11 LEASE AGREEMENT
2 THIS LEASE, between the NEWPORT -MESA UNIFIED SCHOOL DISTRICT
31 hereinafter referred to as "DISTRICT ", and the University of Southern
4 California , hereinafter referred to as "TENANT ", is
5 entered into this 24th day of November , 1981.
6 1. DISTRICT leases to TENANT that certain real property
7l!referred to as Corona del Mar School located at 610 Carnation,
i
8. Corona del Mar.
9 2. The term of this Lease shall be for a period beginning
lol 1st day of January , 1982, and ending the 31st day of
illl December , 1987. The Lease may be extended for additional
c�
QFg^ 12 periods not exceeding five (5) years upon a mutual agreement of
13 both parties in writing agreeing to such extension. Extensions
io<;' 14 of such Lease shall
n provide for increases in rent due during such
r <
O o u r
1011E € 15 extensions in the same matter as semi - annual increases are provides
O Y < ■
U0 16 for the basic term of the lease.
17 TENANT agrees to pay DISTRICT the sum of $ 34,500
18 semi - annually ($ 69,000 annually) for rental of the leased
19I premises. Each installment shall be due on the last day of the
2011lmonth preceding the six (6) month period for which the installment
21 is due.
221 The amount of the semi - annual rent set forth shall be
231 ',increased semi - annually for rent due on and after July 1, 1982,
24 according to the following U.S. Department of Labor, Bureau of
25I Labor Statistics index: Consumer Price Index for all Urban
26 Consumers (CPIU) Los Angeles -Long Beach - Anaheim, California.
27 The first increase effective for rent due after July 1,
28i 1982, shall be based on the weighted Bureau of Labor Statistics
REF. 21.1
1�Index, as povided above, between January 1, 1982, and July
2 1, 1982. Each subsequent increase in rental payment shall be
3lbased on prior six month change in the index between July 1
W and January 1 or January 1 and July 1. The percent change in
5ItH.e Consumer Price Index shall be applied to the previous six
6, months' lease payment to determine the amount of increase.
7I If at any rental adjustment date there shall not exist the
8i Consumer Price Index in the same format as recited in this
9l section, the parties shall substitute any official index pub -
10
lished by the Bureau of Labor Statistics or successor similar
111 governmental agency, as may then be in existence and shall be
0
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" 12 most nearly equivalent thereto.
e
2.1.12^
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�° 13 4. The TENANT shall not assign all or any part of the
W
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Y O i F w
oo;0;Y 14 premises. TENANT may sublease with the consent in writing of
S 0St �I 15 DISTRICT. In subletting with prior permission of DISTRICT,
<2d1i 16 any income received by TENANT in excess of One Hundred Percent
€� 17 (100 %) of the lease payments shall be shared equally between
18 DISTRICT and TENANT. TENANT shall not make any alterations
19 or additions to the premises without n permission of DISTRICT.
20 !Any alterations or additions to premises with permission of
21 DISTRICT shall be at the sole cost of TENANT.
22 5. The Board of Education.shall determine whether any
23i proposed use is an acceptable use. If the Board of Education,
24 in its sole discretion, determines that the proposed use would
25 result in an unacceptable concentration of vehicles for extended
261periods of time, such use may be denied. It is required that
27lthe fields shall be made available for the use of the Community
I
28 for recreational purposes during hours of non -use by the lessee.
REF. 21.2
0 9
11 6. TENANT shall, during the term of this lease, keep in
2I good order, condition and repair, the entire leased facility,
3 including the repair of windows, roofs, painting and service
4 systems to the buildings. TENANT shall also pay DISTRICT for all
5 repairs necessitated by TENANT or TENANT's invitees' missue
6 of the leased premises.
71 TENANT shall, during the term of the Lease, keep the
I
8�i interior of the premises and every part thereof in good order,
9 condition and repair.
10 11 If TENANT fails to perform its obligations under this
�e1111 section, DISTRICT may, at its option, after ten (10) days written
Qk 121 notice to Tenant, enter upon the premises and put the same in
W; " 13I good order, condition and repair, and the cost thereof shall
become due and payable as additional rental by Tenant to DISTRICT
O 0 V y
] E g F€ 15 1 upon demand.
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16 On the last day of the term hereof, or on any sooner term-
« 17 ination, TENANT shall surrender the premises to DISTRICT in the
18 same condition as when received, broom clean, ordinary wear and
19 tear excepted.
20 TENANT shall, at its own cost and expense, provide all
21 janitorial supplies and services to the leased premises, which
2211 shall include but not limited to the replacement of restrooms
23 ''supplies, lightbulbs, and fluorescent tubes.
24 TENANT shall at its own cost and expense, maintain the
25 landscaping of the leased premises in an attractive condition.
26 7. TENANT agrees, at its own expense, to maintain in
27 force during the term of this Lease full comprehensive public
28 liability insurance, insuring against all claims for injuries
REF. 21.3
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2,
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3
4
51
6
7
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101.
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12
13.
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3WEU�€ 15,
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tY 17
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19
20'
21
22
231
241
251
26
27
28�
•
to persons or property occurring in, upon, or about the leased
premises. Said policy shall have limits of not less than
$5,000,000 for injuries to person or persons, and not less than
$1,000,000 for property damage. TENANT shall supply DISTRICT
with a Certificate of Insurance of such policy, and it agrees
to provide an endorsement to such comprehensive liability policy
or policies showing DISTRICT as an additional insured with respect
to claims arising out of TENANT'S occupancy and use of the leased
premises.
The DISTRICT shall carry the necessary policy, or policies,
covering the hazards of fire, vandalism, malicious mischief, and
"extended coverage ", in an amount of at least ninety percent
(908) of replacement cost. Tenant shall as additional lease pay-
ments reimburse DISTRICT the premium cost of said insurance.
8. Tenant shall cause all utility services to be placed
in its name and shall pay all charges therefore during the term
of this Lease.
9. All notices pursuant to this Lease shall be addressed
as set forth below, or as either party may hereafter designate by
written notice, and may be sent through the United.States mail
to:
DISTRICT Business Office
Newport -Mesa Unified School District
P.O. Box 1368
Newport Beach, California 92663
TENANT University of Southern California
University Park
Los Angeles, California 90007
10. TENANT recognizes that the entering into of this Lease
may subject TENANT to property taxes by reason of a property
REF. 21.4 //
2
3
4
5
6
7
"I
9
10
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11
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12
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14
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15
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17
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18
191
20
21
22
23
24
25
261
271
�TJI
0
• Resolution 23 -12 -82
RESOLUTION OF THE
NEWPORT -MESA UNIFIED SCHOOL DISTRICT
WHEREAS, Newport -Mesa Unified School District (the "District ")
has entered into a short term lease of the Corona del Mar School
to the University of Southern California; and
WHEREAS, the use will be similar to the previous use by this
District in that the use will be for classroom purposes; and
WHEREAS, District is authorized to lease property for short
term purposes pursuant to Education Code Section 39360 et seq.; and
WHEREAS, the Corona del Mar School will still retain its
status as a public school; and
WHEREAS, in the opinion of this Board the continued use of
the Corona del Mar School for classroom purposes is appropriate.
R-'4` NOW, THEREFORE, BE IT RESOLVED pursuant to provisions ofd
//UGovernment
ift- A3SWVftit ^ode Section 53094, this Board does hereby render any
ordinance of the City of Newport Beach inapplicable to the proposed
continued use of the Corona del Mar School for classroom purposes.
BE IT FURTHER RESOLVED that the Secretary of this Board is
hereby directed to notify the City of Newport Beach of this action
ADOPTED, SIGNED AND APPROVED this 14th day of December, 1981:
BOARD OF EDUCATION OF THE
�o J )�'b NEWPORT -MESA UNIFIED SCHOOL
DISTRICT
D E C 1 'l 1 B c'ty �na�a��, President
aft
BYt�%rC�7G �1�1
� i�k�Z4��>hoRX
Vice President /Clerk
lz
,• 1
2
3
4
5
6
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8
9
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W o O C
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19
20
21
22
23
24
25
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• 0
STATE OF CALIFORNIA )
ss..
COUNTY OF ORANGE )
I, JOHN W. NICOLL, Secretary of the Board of Education of the
Newport -Mesa Unified School District, DO CERTIFY that the foregoin
resolution was duly adopted by the Board of Education of said
District at a special meeting of said Board held on the 14th day
of December, 1981, at which it was adopted by the following votes:
AYES: Skilling, Wayman, Franco, Hess, Loofbourrow, MacMillian, Werne
NOES: none
ABSENT: none
ABSTAIN: none
A
/3
BOARD OF EDUCATION OF THE
NEWPOPT -MESA UNIFIED SCHOOL
rISTRICT
4
';.�': nor' �.:z�,�;.� ,�� ,•
JAN 111982
0 C -;)5)9
CORONA DEL MAR
COMMUNITY ASSOCIATION
COUNQL P. O. BOX 516
WACORONA DEL MAR, CALIFORNIA 92625
Superintendent
Newport -Mesa Unified School District
1601 -16th Street
j Newport Beach, CAA
i
Dear Sir:
COUNCIL AGENDA
NO- -
December 14, 1981
Re: USC Usage of Corona del Mar Elementary School
We, the directors of the Corona del Mar Community Association,
believe USC, as any other tenant, should proceed through due process and
obtain a Use Permit from the city for the property. We believe the Use
Permit should include an extent of allowable usage. The main concerns
of our directors are traffic and ultimate usage density,
Very truly yours,
]
Richard A. Nichols
President
RAN:sn
cc: Newport Beach City Council