HomeMy WebLinkAboutC-2637 - Whitecliffs Drive, 1 - Ground Lease, Addendum 1987THE CITY OF NEWPORT BEACH AND NEWPORT AQUATIC CENTER, INC.
ADDENDUM TO GROUND LEASE
WHEREAS, on March 24, 1987 a Ground Lease was entered into by and
between the CITY OF NEWPORT BEACH, ("Lessor") and NEWPORT AQUATIC
CENTER, INC., a non profit public benefit corporation, ("Lessee") for a term of twenty-five
(25) years; and
WHEREAS, Lessor and Lessee desire to extend the original Ground Lease, and
WHEREAS, Lessor and Lessee agree that all other terms and conditions are to
remain unchanged:
IT IS HEREBY agreed by and between the City of Newport Beach, Lessor, and
Newport Aquatic Center, Inc., a non profit public benefit corporation, Lessee, that the term
of the Ground Lease shall be twenty-five (25) years from the first day of the first full
calendar month after each of the following conditions have been satisfied:
A. The Lease has been executed by Lessor and Lessee;
B. Lessee has submitted construction drawings for the construction of the
remainder of the floor area permitted by Use Permit number 3104 and
Coastal Development Permit 5-84-786;
C. Lessee has applied for a building permit for the construction of the
remaining floor area permitted by Use Permit number 3104 and Coastal
Development Permit 5-84-786;
D. Lessee has complied with all conditions to the approval of Use Permit
number 3104 and Coastal Development Permit number 5-84-786, including,
but not limited to, permits from other public agencies, and the soils
hydrology and related studies;
E. Lessee has submitted an agreement, signed by a general contractor
licensed as such by the State of California, committing the contractor to
complete the remaining floor area of the project;
F Lessor has received a bond guaranteeing performance of the contract
required by the provisions of subparagraph E. The bond shall guarantee
performance of the contract in a timely and workmanlike manner in the
event contractor fails or refuses to perform in accordance with the contract;
G. Lessee must satisfy each of the conditions precedent to the
commencement of the term of the lease within twelve (12) months of the
date of the execution of this Addendum.
IN WITNESS WHEREOF, the Parties hereto have executed this Addendum to the
Ground Lease.
Dated: 21- Oc,t °l-
Dated: / /S /91
APPROVED AS TO FORM:
By:
Daniel K. Ohl,
Deputy City Attorney for the
City of Newport Beach
ATTEST:
By:
LaVonne Harkless,
City Clerk for the
City of Newport Beach
LESSEE: NEWPORT AQUATIC CENTER, INC.
By:
�=4,Gt r'J
LESSOR: CITY OF NEWPORT BEACH
By:
Debay,
ayor for the
City of Newport Beach
F;\cat\debbie\ag\aquatic\nac25yr.doc
09-15-97
C- 37
THE CITY OF NEWPORT BEACH
AND
NEWPORT AQUATIC CENTER, INC.
GROUND LEASE
THIS GROUND LEASE, entered into thisc day of 4-d' L
198 , by and between THE CITY OF NEWPORT BEACH, ("Lessor" and
NEWPP RT AQUATIC CENTER, INC., a Non-profit Public Benefit
Corporation, organized and existing under and by virtue of the
laws of the State of California (referred to as "Lessee") is made
with reference to the following facts, the materiality and
existence of which is stipulated and agreed by the parties:
A. Lessor is the owner, subject to a public trust, of
approximately 12 acres of tidelands located in the City of
Newport Beach and commonly known as North Star Beach.
B. In November, 1982, the qualified electors of .the
City of Newport Beach approved a Measure which granted the City
Council the authority to lease property on North Star Beach for
the construction of facilities to promote sports involving human -
powered watercraft.
C. The property which is the subject of this lease
has been identified as that portion of North Star Beach best
suited for the construction of facilities to promote sports
involving human -powered watercraft.
D. On September 6, 1984, the Planning Commission of
the City of Newport Beach approved Lessee's application for a use
permit (No. 3104, attached as Exhibit "C") authorizing the
construction of an 18,228 square foot structure that would
provide facilities for human -powered watercraft, and their
owners, including boat storage, and multi -purpose' area and
meeting room, a weight training room, small offices for the
conduct and operation of facility, locker rooms, and such other
facilities as may be incidental to sports involving human -powered
watercraft. In addition, permittee proposed to construct a
bulkhead along a portion of the beach frontage, build low lying
docks to serve only human -powered craft, landscape the property,
and provide appropriate public parking, restroom facilities, and
access to the beach.
E. On February 14, 1985, the California Coastal
Commission approved Lessee's application for a Coastal
Development Permit authorizing the construction of the Aquatic
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Center. (See Coastal Development Permit No. 5-84-786-Exhibit
„D.„)
F. The property is subject to restrictions,
including, but not limited to, limitations specified in Chapter
415, Statutes of 1975 the Grant Deed from the County of Orange to
the City of Newport Beach and (conveying an undivided one-half
interest in the property) and the limitations commonly imposed on
public tidelands. Lessor has determined that the proposed
Aquatic Center, and the uses to which it will be put, are
consistent with the limitations and restrictions imposed on the
property;
G. The residents of Newport Beach and the County of
Orange will derive substantial benefit from the construction of
the Aquatic Center in that:
1. Newport Harbor has ideal water conditions for
the training and development of world -class rowers, canoers, and
kayakers, but no facility currently exists to accommodate these
athletes and there is currently no organized public program for
these specific water sports outside collegiate programs.
2. Construction of the Aquatic Center will
provide a facility for world -class athletes, as well as encourage
and provide for public participation in human -powered aquatic
sports at all levels of ability;
3. A portion of the Aquatic Center will be
available for use by members of the general public on a daily
basis and also will be available for use by the City of Newport
Beach.
H. The County of Orange, pursuant to a joint powers
agreement, has given the City of Newport Beach the power to
execute this lease on its behalf.
NOW, THEREFORE, the parties hereto agree as follows:
1. LEASED PREMISES
Lessor hereby leases to Lessee, subject to the
terms of this Agreement, the 3.9+/- acre parcel legally described
on Exhibit "A," and depicted on the map attached as Exhibit "B"
(the "property").
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2. TERM
The term of this Lease shall be twenty-five (25)
years, unless sooner terminated as provided herein. The term of
the lease shall commence on the first day of the first full
calendar month after each of the following conditions has been
satisfied:
A. The Lease has been executed by Lessor and
Lessee;
B. Lessee has applied for a building permit for
the construction of at least 35% of the floor area permitted by
Use Permit No. 3104 and for construction of any and all
improvements or facilities relating to the construction of phase
I (as defined in Paragraph S.A. and required as conditions to Use
Permit No. 3104 and conditions 2-6 of Coastal Development Permit
5-84-786;
C. Lessee has complied with all conditions to
the approval of Use Permit No. 3104 and Coastal Development
Permit No. 5-84-786, including, but not limited to, permits from
other public agencies, and the soils, hydrology and related
studies;
D. Lessee has submitted an Agreement, signed by
a general contractor licensed as such by the State of California,
committing the contractor to complete at least Phase I of the
project on or before March 1, 1988.
E. Lessor has received a bond guaranteeing
performance of the contract required by the provisions of
subparagraph D. The bond guaranteeing performance of the
contract in a timely and workmanlike manner in the event
contractor fails or refuses to perform in accordance with the
contract.
Lessee must satisfy each of the conditions
precedent to the commencement of the term of the lease within
twelve months of the date of execution.
3. USE RESTRICTIONS/CONDITIONS
This Lease is subject to all of the conditions,
covenants, restrictions and limitations of the following:
A. City of Newport Beach Use Permit No. 3104;
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B. Coastal Commission Development Permit No. 5-
84-786;
C. The Grant Deed from the County of Orange
conveying to the City of Newport Beach an undivided one-half
interest in the property and recorded March 13, 1978 in Book
12594, Page 990, Official Records of the County of Orange.
D. The provisions of any and all Statutes of the
California Legislature granting any portion of the property to
the City of Newport Beach or County of Orange.
E. The Joint Powers Agreement between the City
of Newport Beach and County of Orange (attached as Exhibit "E.")
F. Lessee shall permit, and provide for, public
access for activities permitted under the Tideland Grants,
including fishing, to the extent those activities do not
interfere with the activities and programs conducted by Lessee.
4. CONSIDERATION
The consideration for this Agreement shall be the
construction of an aquatic center by Lessee, at no cost to
Lessor, the continued maintenance and operation of this facility
for the term of the Lease at no cost to Lessor, the commitment of
Lessee to utilize the facility as an aquatic center for the
advancement of marine -oriented athletic and recreational programs
and activities, and the right of Lessor to utilize the facility.
5. CONSTRUCTION BY LESSEE
A. Project:
Lessee shall have the right, at Lessee's sole
cost and expense, to construct a facility consisting of no more
than 18,228 square feet, inclusive of boat storage areas, weight
training rooms, men's and women's locker rooms, multi -purpose
assembly room, facility and public restrooms, and other uses, all
as shown on the plans and specifications submitted by Lessee to
the City of Newport Beach and California Coastal Commission in
conjunction with the approval of Use Permit No. 3104 and Coastal
Development Permit No. 5-84-786. Lessee shall construct, at
Lessee's sole cost and expense, at least 83 parking spaces, an
access road, and other improvements as are shown on the plans for
Phase I attached to this lease as Exhibit "F." Lessee may also
construct, at Lessee's sole cost and expense, a staging area,
dock and bulkhead, to the extent permitted by Use Permit No.
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3104, subject to whatever restrictions may be imposed by any
agency having jurisdiction over such construction.
B. Phasing/Phase I:
The project may be constructed in no more
than three phases. Phase I shall consist of 8,107 square feet of
building area, 64 parking spaces, staging area, ramp, dock and
accesss road all as described in, shown on, the plans and
specifications attached as Exhibit "F."
Construction of subsequent phases shall not
commence until Lessor has, with respect to each phase, complied
with the provisions of subparagraphs 2.C. through 2.E.
C. Construction Schedule:
Construction of phase I shall commence within
ninety (90) days from the effective date of the lease and shall
be diligently pursued to completion in accordance with the
schedule submitted by lessee or lessee's contractor, and approved
by the Building Director of the City of Newport Beach. The time
for completion of any phase of construction may be extended in
the event of strikes, acts of God, or other events beyond the
control of lessee, but shall not be extended due to financial
problems. Failure to timely commence construction, or failure to
diligently pursue completion of any phase shall be considered a
material breach.
D. Permits and Approvals:
Lessee shall be required to obtain, prior to
commencing any phase of construction, all permits, licenses or
approvals that may be required in connection with that particular
phase, including, but not limited to, approvals and Permits from
the following agencies:
(1) The City of Newport Beach;
(2) The County of Orange;
(3) The California Department of Fish &
Game;
(4) The California Coastal Commission;
(5) The California Regional Water Quality
Control Boards;
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(6) The Army Corps of Engineers;
(7) The United States Department of Fish &
Wildlife;
(8) The United States Bureau of Sports
Fisheries.
E. Completion Bond/Letter of Credit:
In the event the contract performance bond
provided pursuant to the provisions of paragraph 2.E. of this
lease becomes invalid, or unenforceable, for any reason, Lessee
shall provide Lessor with a substitute letter of credit or
completion bond within five (5) days from the date on which
Lessee becomes aware of the invalidity or unenforceability or the
bond or letter of credit or, written notice from Lessor,
whichever first occurs. Any substitute bond or letter of credit
must comply with the standards specified in paragraph 2.E. of
this lease.
F. Prior Written Approval:
No structure or improvement of any kind shall
be erected or maintained on the property unless and until plans,
specifications, and proposed location of the structure or
improvement have been approved, in writing, by Lessor.
G. Notice of Non -Responsibility:
Lessor shall have the right, at any time, to
post and maintain on the premises, and record, as required by
law, any notice or notices of non -responsibility provided for the
Mechanics' Lien laws of the State of California.
H. Licensed Contractors:
All work required in the construction of any
phase of the Aquatic Center, including site preparation, work,
landscaping, utility installation and similar work shall be
performed only by competent contractors duly licensed as such
under the laws of the State of California and pursuant to written
contract between the contractor and Lessee. Unless otherwise
specified by the Building Director and Public Works Director of
the City of Newport Beach, each contract with a general
contractor shall provide that the final payment under the
contract shall be in an amount equalling at least 10% of the full
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amount payable and shall not be paid to contractor until the
following, whichever last occurs:
(1) The expiration of 35 days from the
notice of recording by Lessee of a notice of completion of the
building, with Lessee agreeing to record the notice promptly
within the time specified by law; or
(2) The settlement and discharge of all
liens of record claimed by persons who supplied other labor or
materials for the construction of the project.
6. CONSTRUCTION/ALTERATION BY LESSEE
(1) Lessor's Consent:
No structures, improvements, or facilities
other than as provided in phase I, shall be constructed or
altered by Lessee without the prior written consent of the
Building Director of the City of Newport Beach. Any conditions
relating to the manner, method, design and construction of the
structures, improvements or facilities imposed by Lessor shall be
considered conditions of this Agreement as though originally
stated herein. In the event that any construction or alteration
of facilities, structures or improvements requires any
discretionary approval of any Board or Commission of the City of
Newport Beach, any conditions imposed by such Board or Commission
relating to the manner, method, design and construction of the
structures, improvements or facilities shall also be conditions
of this Lease.
(2) Strict Compliance:
All improvements constructed by Lessee on the
property shall be constructed in strict compliance with the plans
and specifications approved by the Building Director of the City
of Newport Beach.
(3) Mechanics Liens or Stop Notices:
Lessee shall, at all times, indemnify and
hold Lessor harmless from any and all claims for labor or
materials in connection with the construction, repair,
alteration, or installation of the structures, improvements,
equipment or facilities on the property, and from the costs of
defending against such claims, including reasonable attorney's
fees. In the event any lien or stop notice is imposed or
recorded on the property as a result of the construction, repair,
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alteration of the facility, installation of any equipment, Lessee
shall, within thirty (30) days from the filing of the lien or
stop notice:
i. Record a valid release of lien or stop
notice;
ii. Deposit sufficient cash with Lessor to
cover the amount of the claim or lien or
stop notice in question and authorize
payment to the extent of said deposit to
any person or entity that obtains any
judgment with respect to said claim or
lien or stop notice; or
iii. Procure and record a Bond in accordance
with the provisions of Section 3143 CCP,
which frees the property from the claim
of lien or stop notice and from any
action brought to foreclose the lien or
stop notice.
Lessee's failure to comply with the
provisions of this paragraph, shall be considered to be a
material breach, and this Lease shall be subject to immediate
termination, pursuant to the provisions of Section 23 of this
Lease.
7. OWNERSHIP OF IMPROVEMENTS:
All buildings, improvements and facilities, exclu-
sive of trade fixtures, constructed or placed on the property by
Lessee must, upon completion of construction or installation, be
free and clear of all liens, claims or liability for labor or
material, and shall become property of Lessor and the County of
Orange at the expiration of this Lease, or earlier termination
thereof. Lessor retains the right to require Lessee, at Lessee's
cost, to remove all improvements, placed on the property by
Lessee, at the expiration or termination of this Lease subject to
the provisions of paragraph 13 of this Lease.
8. UTILITIES
Lessee shall be responsible for and pay, prior to
the delinquency date, all charges for utilities supplied to the
property and structures or improvements thereon.
9. MAINTENANCE OBLIGATIONS OF LESSEE
Lessee agrees to maintain the property and all
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improvements constructed thereon in good order and repair, and to
keep said premises in a neat, clean, orderly, safe, and sanitary
condition. This includes, but is not limited to, the prevention
of accumulation of any refuse or waste materials which might
constitute a fire hazard or a public or private nuisance.
Failure of Lessee to properly maintain and repair the property
and improvements shall constitute a material breach of the terms
of this Lease.
10. DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS
In the event of damage to or destruction of
Lessee's buildings, facilities, or improvements located on the
property or in the event buildings, facilities, or improvements
located on the property are declared unsafe or unfit for use or
occupancy by a public entity with the authority to make and
enforce such declaration, Lessee shall, within 120 days, commence
and deligently pursue to completion the repair, replacement, or
reconstruction of the structure or improvements necessary to per-
mit full use and occupancy of the property for the purposes
required by this Lease. Repair, replacement, or reconstruction
of improvements within the property shall be accomplished in a
manner and according to plans approved by Lessor.
11. INSURANCE
Lessee shall maintain insurance, acceptable to
Lessor, in full force and effect throughout the term of this
Lease. The policy or policies of insurance maintained by Lessee
shall provide the following limits and coverages:
A. Liability Insurance:
Coverage
$1,000,000 Bodily injury -property damage
combined single limit, which insurance shall be in force on the
first day of the term of this Lease.
B. Fire & Extended Coverage:
Not less than 90% of the cost of replacement
of all insurable improvements within the property. Water damage
and debris cleanup provisions shall be included.
C. Insurance shall be in force the first day of
the term of this Lease.
D. Each insurance policy required by this Lease
shall contain the following three clauses:
1. "This insurance shall not be cancelled,
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limited in scope of coverage or nonrenewed until
after 30 days' written notice has been given to
the City Manager of the City of Newport Beach, c/o
City Attorney's Office, 3300 Newport Blvd.,
Newport Beach, California 92663"
2. "It is agreed that any insurance
maintained by the County of Orange or the City of
Newport Beach will apply in excess of, and not
contribute with, insurance provided by this
policy."
3. "The County of Orange and the City of
Newport Beach are added as additional insureds
with respect to all operations or activities of
the named insured at or from the property,"
provided, however, this language shall not be
required as a part of any insurance policy carried
by a contractor for fire and extended coverage
during construction of any phase.
E. Lessor shall retain the right, at any time,
to review the coverage, form, and amount of the insurance
required hereby. If, in the opinion of Lessor, the insurance
provisions in this Lease do not provide reasonably adequate
protection for Lessor, based upon loss experience and/or the kind
and extent of the risks which then exist, Lessor may require
Lessee to obtain additional insurance in such amount as
necessary.
F. Lessor shall notify Lessee, in writing, of
changes in the insurance requirements, and if Lessee does not
deposit copies of acceptable insurance policies with Lessor,
incorporating such changes within thirty days of receipt of such
notice, Lessee shall be in default.
G. Any and all fire, extended coverage or other
insurance proceeds that become payable at any time during the
term of this lease because of damage to, or destruction of, any
building or improvement on the property, shall be paid to Lessee
and applied by Lessee towards cost of repairing and restoring the
damage or destroyed buildings or improvements as provided in
paragraph 10 of this lease.
H. The procuring of such required policy or
policies of insurance shall not be construed to limit Lessee's
liability hereunder nor to fulfill the indemnification provisions
and requirements of this Lease.
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12. ASSIGNING, SUBLETTING AND ENCUMBERING PROHIBITED
Lessee shall not mortgage, pledge, hypothecate,
encumber, transfer, sublease or assign its interest in this
lease, the property, or any structure located on the property.
The reasons for the prohibitions specified in this paragraph
include, but are not necessarily limited to, the following:
A. The property consists of tidelands subject to
a public trust for specified purposes, and may not be transferred
or conveyed by LESSOR. The assignment or transfer of the Aquatic
Center's interest in this lease could violate the restriction or
transfer.
B. Lessor's power to enter into this Lease has
been granted by vote of the people and the Joint Powers
Agreement, (attached as Exhibit "E"), and Lessor's power to lease
the property is limited to non-profit corporations involved in
promoting sports involving human -powered watercraft. Any
assignment of the Lease or encumbrance of the property could be
inconsistent with the authority conveyed by the electorate;
C. Lessor, given the purposes for which Lessee
was formed, and limitations on its power as specified in its
articles of incorporation, has greater assurance that Lessee will
comply with the terms and conditions of this Lease and related
approvals, than any other entity or organization.
13. EMINENT DOMAIN
In the event the whole or part of the property or
improvements is condemned by a public entity in the lawful exer-
cise of the power of eminent domain, this Lease shall cease as to
the part condemned upon the date possession of that part is taken
by the public entity.
If only a part is condemned and the taking of that
part does not substantially impair the capacity of the remainder
to be used for the purposes required in this Lease, Lessee shall
continue to be bound by the terms, covenants and conditions of
this Lease.
If only a part is condemned and the taking of that
part substantially impairs the capacity of the remainder to be
used for the purposes required in this Lease, Lessee shall have
.the election of:
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E. Such other provisions as the Parks, Beaches &
Recreation Director considers necessary to ensure that the
facility is operated and maintained in accordance with the
purpose of this Agreement.
F. The right of City to modify the FMP in the
event of operation of the Aquatic Center is inconsistent with
this lease, Use Permit No. 3104, Coastal Development Permit No.
5-84-786 and other applicable law, rule or regulation.
Lessee shall sumbit the proposed FMP to Lessor
within 120 days after the effective date of this lease. Lessee
is prohibited from using, or permitting others to use, the
facility in any manner which is not authorized by, or
inconsistent with, the approved FMP. The failure of Lessee to
comply with the provisions of this paragraph after written notice
by Lessor shall be considered a material breach of this lease.
15. UNLAWFUL USE:
Lessee agrees that no improvement shall be
erected, constructed or operated on the property, nor any
business conducted on the property in violation of the terms of
this Lease, or of any regulation, order, law, statute, bylaw,
charter provision or ordinance of any Governmental agency having
jurisdiction. Lessee shall not construct, maintain, or allow any
sign upon the property, or improvements thereon, except as
approved by Lessor, and further, such sign must be in compliance
with the provisions of Chapter 20.02 of the Newport Beach
Municipal Code. Lessee shall not discriminate against any person
or class of persons by reason of sex, color, race, creed,
national origin or age. Lessee shall make all of its services,
programs and facilities available to the public on fair and
reasonable terms.
16. INDEMNIFICATION
Lessee hereby hereby waives and claims and
recourse against Lessor, including the right of contribution, for
any loss or damage of or to persons or property in any way
related to this agreement and Lessee's activities hereunder,
except claims or liability arising from concurrent, active, or
sole negligence of Lessor, or its officers, agents, employees or
representatives. Neither party shall request a jury
apportionment.
Lessee agrees to indemnify and hold harmless and
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(1) Terminating this Lease and being absolved of
obligations hereunder which have not accrued
at the date possession is taken by the public
entity; or
(2) Continuing to occupy the remainder of the
property and remaining bounds by the terms,
covenants and conditions of this Lease.
Lessee shall give notice in writing of his
election hereunder, within 30 days of the date possession of the
part is taken by the public entity.
Lessor shall be entitled to receive and shall
receive all compensation for the condemnation of all or any por-
tion of the property by exercise of eminent domain.
Lessee shall beentitled to receive and shall
receive all compensation for, the condemnation of all or any
portion of the improvements constructed by Lessee on the leased
premises by the exercise of eminent domain.
14. FACILITY MANAGEMENT PLAN
The purpose of Lessor for entering into this Lease
is to promote the development of sports involving human -powered
watercraft, as well as facilities, programs and services related
thereto, all to satisfy the needs of the general public. In
furtherance of that purpose and to ensure that the operation of
the facility is in accordance with the intent of the Lessor,
Lessee shall submit a Facility Management Plan (FMP) to the
Director of Parks, Beaches & Recreation for the City of Newport
Beach for approval. The facilities shall be operated and
administered in accordance with the approved FMP. The FMP shall,
at a minimum, include the following:
A. The programs, services and activities to be
offered to members of the general public by the facility;
B. The nature of any membership program pursuant
to which any dues or fees are charged by Lessee;
C. The hours of operation of the facility;
D. The portions of the facility that are avail-
able for use by Lessor for the conduct of public recreation
•programs, together with the days and times that such space will
be available;
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defend Lessor, its officers, agents, employees and
representatives, from and against any and all claims, demands,
losses, damages, costs, legal and investigation expenses, or
liability of any kind or nature which Lessor or its officers,
agents and employees may sustain or incur or which may be imposed
upon them or any of them for injury to or death of persons, or
damage to property as a result of, arising out of, or in any
manner related to this Lease, or with the occupancy and use of
the property or improvements thereon by Lessee, or any of
Lessee's activities at or from the property, or its officers,
agents, employees, subtenants, licensees, patrons or visitors,
except liability arising out of the concurrent, active, or sole
negligence or wilful misconduct of Lessor or its officers,
agents, or employees.
17. TAXES AND ASSESSMENTS
This Lease may create a possessory interest which
is subject to the payment of taxes levied on such interest. It
is understood and agreed that all taxes and assessments, includ-
ing but not limited to said possessory interest tax, which become
due and payable upon the property or improvements thereon or upon
fixtures, equipment or other property installed or constructed
thereon shall be the full responsibility of Lessee, and Lessee
shall cause said taxes and assessments to be paid promptly.
18. INSPECTION
Lessor or its authorized representative shall have
the right at all reasonable times to inspect the property to
determine if Lessee is in compliance withthe terms and conditions
of this Lease and Use Permit No. 3104.
19. SUCCESSORS -IN -INTEREST
Unless otherwise provided in this Lease, the
terms, covenants and conditions contained herein shall apply to
and bind the heirs, successors, executors, administrators and
assigns of all the parties hereto", all of whom shall be jointly
and severally liable hereunder.
20. CIRCUMSTANCES WHICH EXCUSE PERFORMANCE
If either party hereto shall be delayed or
prevented from the performance of any act required hereunder by
reason of acts of God, restrictive Governmental laws or regula-
tions, or other cause without fault and beyond the control of the
party obligated (financial inability excepted), performance of
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such act shall be excused for the period of the delay and the
period for the performance of any such act shall be extended for
a period equivalent to the period of such delay.
21. PARTIAL INVALIDITY
If any term, covenant, condition or provision of
this Lease is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions
hereof shall remain in full force and effect and shall, in no
way, be affected, impaired or invalidated thereby.
22. WAIVER OF RIGHTS
The failure of Lessee or Lessor to insist upon
strict performance of any of the terms, covenants or conditions
of this Lease shall not be deemed a waiver of any right or remedy
that Lessee or Lessee may have, and shall not be deemed a waiver
of the right to require strict performance of all of the terms,
covenants and conditions of the Lease thereafter, nor a waiver of
any remedy for the subsequent breach or default of any term,
covenant or condition of the Lease.
23. DEFAULT IN TERMS OF LEASE BY LESSEE
Should Lessee default in the performance of any
material covenant, condition or agreement contained in this
Lease, and such default is not corrected within a reasonable time
(as determined by Lessor) after Lessee receives written Notice of
Default from Lessor, Lessor may:
(A) Terminate this Lease. All rights of Lessee
and those who claim under Lessee, stemming from this Lease shall
end at the time of such termination; or
(B) At Lessor's sole option, cure any such
default by performance of any act, reasonably necessary to cure
such default.
24. COSTS OF SUSTAINING AN ACTION FOR BREACH OR
DEFAULT
In the event either Lessor or Lessee commences
legal action against the other, claiming a breach or default of
this Lease, the prevailing party in such litigation shall be
entitled to recover from the other costs of sustaining such
'action, including reasonable attorney's fees as may be determined
by the Court.
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25. RESERVATIONS TO LESSOR
The property is accepted as is and where at by
Lessee, subject to any and all existing easements and
encumbrances. Lessor reserves the right to install, lay, con-
struct, maintain, repair and operate such sanitary sewers,
drains, storm water sewers, pipelines, manholes and connections;
water, oil and gas pipelines; telephone and telegraph power
lines and the appliances and appurtenances necessary or
convenient in connection therewith in, over, upon, through,
across and along the property or any part thereof, and to enter
the property for any and all such purposes. Lessor also reserves
the right to grant franchises, easements, rights -of -way and per-
mits in, over, upon, through, across and along any and all por-
tions of the property. No right reserved by Lessor in this
clause shall be so exercised as to interfere unreasonably with
Lessee's operations hereunder or to impair the security of any
secured creditor of Lessee.
26. QUITCLAIM OF LESSEE'S INTEREST UPON TERMINATION
Upon termination of this Lease, including but not
limited to, termination because of default by Lessee, Lessee
shall execute, acknowledge and deliver to Lessor, within 30 days
after receipt of written demand therefor, a good and sufficient
Deed, whereby all right, title and interest of Lessor in the
property is quitclaimed to Lessor. Should Lessee fail or refuse
to deliver the required Deed to Lessor, Lessor may prepare and
record a Notice, reciting the failure of Lessee to execute,
acknowledge and deliver such Deed and said Notice shall be
conclusive evidence of the termination of this Lease and of all
right of Lessee or those claiming under Lessee in and to the
property.
•
27. LESSOR'S RIGHT TO REENTER
Lessee agrees to yield and peaceably deliver
possession of the property to Lessor on the date of termination
of this Lease, whatsoever the reason for such termination.
Upon giving written notice of termination to
Lessee, Lessor shall have the right to reenter and take posses-
sion of the property on the date such termination becomes effec-
tive without further notice of any kind and without institution
of summary or regular legal proceedings. Termination of the
'Lease and reentry of the property by Lessor shall, in no way,
alter or diminish any obligation of Lessee under the Lease terms,
and shall not constitute an acceptance or surrender.
-16-
28. NOTICES
All notices required by this lease shall be deemed
to have been given when deposited in the United States mail,
first class, postage prepaid, and addressed as follows:
LESSOR
City Manager
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
LESSEE
Newport Beach Aquatic Center
200 Newport Center Drive
Suite 301
Newport Beach, CA 92660
IN WITNESS WHEREOF, the parties hereto have executed
this Ground Lease, the day and year first above written.
APPROVED AS TO FORM
obert H. Burnham
ity Attorney
ATTEST
/0Y/bilk_
Wanda Raggio
City Clerk
!/
LESSEE
NEWPORT AQUATIC CENTER, INC.
LESSO
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NOR TN STAA' LANE
.N 44° 38' 20" E ' 43'
BASIS OF BEARINGS
PLAN PREPARED TO ILLUSTRATE LEGAL DESCRIPTION
OF LEASE AREA FOR NEWPORT AQUATIC CENTER AT
NORTH STAR BEACH CITY OF NEWPORT BEACH COUNTY
ORANGE, CAL;IFORNIA:-
EXHIBIT
DOUG 0. STER .S. 4599 DATE
ICHK.:1T;
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September 6, 1984
EXHIBIT NO.
' A PL1 A 1.
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City of Newport Beach
R.
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Y"y CJs+• Corral :.P/
of the City, and further that the proposed project
in terms of use, height, building floor area and
setbacks isconsistent with the legislative intent
of Title 20 of the Municipal Code.
•
3. Adequate off-street parking and related vehicular
circulation are being provided in conjunction with
the proposed development.
4. The development ent will provide for both public
physical and visual access to the bay.
•
5. That the height of the structure is consistent
with the proposed use and will not.. adversely
affect any public view.
6. That the project is generally consistent with the
ballot measure.approved by the electors•in Jcne,
1982 allowing the lease of North Star Beach for an
Aquatic Center.
7. 'that the design of the subdivision or the proposed
improvements will not conflict with any easements
acquired by the public at large for access through
or use of property within the proposed subdivi-
sion.
8. That the size and use of the Aquatic Center as
approved by this Use Permit represents the full
extent of the authority granted to the City
pursuant to the approval of Proposition 0 in 1182.
CONDITIONS
1. That development shall be in substantial confor-
mance with the approved plot plan, floor plan, and
elevations except as noted below.
2. That all improvements be constructed as required
by Ordinance and the Public Works Department.
3. That a standard use permit agreement and accompa-
nying surety be provided if it is desired to
obtain a building permit prior to completion of
the public improvements. - A
4. That the on -site parking, vehicular circulation
and pedestrian circulation systems be subject to
further review by the Traffic Engineer.
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. That the design of the private .drives conform with
the City's Private Street Policy (L-4), except as
approved by the Public Works Department. The
location, width, configuration, and concept of the
private drive system shall be subject to further
review and approval by the City Traffic Engineer.
▪ That the intersection of the public street and
proposed drive be designed to provide sight
distance for a speed of 25 miles per hour.
Slopes, landscaping, walls and other obstructions
shall be considered in the sight distance require-
ments. Landscaping within the sight distance line
shall not exceed twenty-four (24) inches in
height. The sight distance requirements may be
approximately modified at non -critical locations,
subject to approval of the Traffic Engineer.
. Handicap parking shall be provided to meet code
and shall be marked in a manner acceptable to the
Traffic Engineer.
. That a hydrology and hydraulic study be prepared
and approved by the.Publi Works Department, along
with a masthr'plan of water, sewer and storm drain
facilities for the on -site improvements prior to
issuance of any grading or building permits. Any
modifications or extensions to the existing storm
drain, water and sewer systems shown to be
required shall be the responsibilityof the
developer.
9. That a legal description
be prepared and approved
ment, Building Department
meat prior to issuance of
permit.
of the subject property
by the Planning Depart -
and Public Works Depart -
any grading or building
10. That all proposed signs shall be in conformance
with the provision of Chapter 20.06 of the Newport
Beach Municipal Code and shall be approved by the
City Traffic Engineer if located adjacent to the
vehicular ingress and egress.
11. A landscape and irrigation plan for the project
shall be prepared by a licensed landscape archi-
tect. The landscape plan shall integrate and
phase the installation of landscaping with the
proposed construction schedule. Prior to
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occupancy, a licensed landscape architect shall
certify to the Planning Department that the
landscaping has been installed in accordance with
the approved plan.
12. The landscape plan shall be subject to the review
of the Public Works Department, the Parks, Beaches
and Recreation Department, and the approval of the
Planning Department.
13. The landscape plan shall include a maintenance
program which controls the use of fertilizers and
pesticides.
14. The landscape plan shall place heavy emphasis on
the use of drought -resistant native vegetation,
and be irrigated with a system designed to avoid
surface runoff and overwatering.
15. That a minimum of 63 parking spaces be provided
for the proposed development. These parking spaces
shall be secured by. a chain or gate at the
entrance on North.Star Lane in accordance with the
operating hours of the A1tic Center.
1
16. That all employees shall park their vehicles
on -site.
17. If a parking area for the storage of boat trailers
" is provided, this parking s51111 be in addition to
the 63 parking spaces required by the project.
18. That the maximum height of the building not exceed
20. feet.
That the specific use and function of the facility
be subject to further review and approval of the
City as part of the ground lease and required
Facilities Management Plan.
20. The hours of'operation will be limited to 6:00
a.m. to 10:00 p.m. daily, and that no outdoor
programs will be offered after the hour of 7:00
p.m. Only advanced training activities are
permitted between 6:00 a.m. and 7:00 a.m.
21. That no new boat fabrication will occur on -site.
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22. Trailering of boats to or from the site shall
occur only between the hours of 9:00 a.m. and 4:00
p.m.
23. No overnight accommodations will be provided
on -site, other than the coordinator apartment.
24. The on -site coordinator staff shall be subject to
the approval of the Parks, Beaches and Recreation
Department. A member of the on -site coordinator
staff shall be on the premises at all tires. The
coordinator shall have the authority to restrict
use of thefacility to individuals with motor
vehicles which are in conformance withthe Motor
Vehicle Code.
25. The weight training facilities will be used by
aquatic program participants; and will not be,._
available for independent weight training pro-
grams.
26. i?utdoor boat storage shall be limited to seasonal_
storage of outrigger canoes.
27. Parking1lot lng ightishah be designed in such a
manner as to conceal the light source and to
minimize light spillage and glare to the adjacent
residential uses. The plans shall be prepared by
a licensed Electrical Engineer; with a letter from
the Engineer stating that, in his opinion this
requirement has been met.
28. That the parking lot shall be secured by gates as
shown on the approved site plan. The gates shall 4
be lockedno later than 10:30 p.m.
29. The parking lot lighting shall be turned off no
later than 10:30 p.m. on any day, and tiring
devices shall be installed and maintained to
ensure that the lights are turned of at 10:30 p.m.
30. No outdoor public address system shall be
permitted.
31. Restrooms shall be made available to members of
the general public during the center's hours of
operation.
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32.' This use permit shall expire unless exercised
within 36 months from the date of approval.
33. Construction of the project may be phased so long
as no part of the facility is constructed prior to
the boat storage facility,
34. That the Planning Commission may add/or modify
conditions of approval to this use permit, or
recommend to the City Council the revocation.of
this use• permit, upon a determination that the
operation which is the subject of this use permit
causes 'injury, or is detrimental -to the health,
safety, peace, morals; comfort, or general welfare
•of the community.. ••
•
35. Construction of the bulkhead is subject to ap-
proval of a Harbor Permit, and is also subject to
the approval of the County of Orange, Harbor, -.-
Beaches and Parks Department.
36. Tiat an engineering study be prepared to determine•
the appropriate design for the bay frontage.'
Bulkheads, rock revetments, or other facilities
recommendedtbd the 'study; shall be constructed to
adequately protect the onsite improvements.
Newport Aquatic Center shall agree to construct,
maintain, and repair the bayside facilities. The .
City or other public agencies shall have no
responsibility to provide repairs to facilities
flooded or damaged by erosion from the bay and
adjacent drainage course, or to otherwise protect
the improvements constructed on the site.
37.. The projec• t shall comply with the Uniform Building
Code and all local Amendments, and the City's
seismic design standards.
38. The project shall comply with the State regu-
lations.for the handicapped.
39. Construction shall meet the requirements of Title
19 and 24 of the C.A.C. .
40. Access to the service road circling the equatic
complex shall be controlled by the means of a gate
or other features to prevent use by the general
public.
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41. Prior to the issuance of Building Permits, 'a
National Pollutant Discharge Elimination (NPDES)
Permit shall be obtained from the Santa Ana
Regional Water Quality Control Board 'if any
discharges to the Bay are. anticipated. either
during construction or subsequent operation of the
facility.
42. Prior to'issuance of Building Permits, an Army
Corps of. Engineers Permit shall be obtained to
allow construction of the proposed •bulkhead and
docking facilities.
43. Residents should be provided with' a point of
contact with the Newport Aquatic Center manage-
ment, to handle complaints of noisy vehicles in
the parking lot or on local streets.
44. All mechanical equipment and trash areas shall be
screened from public streets, -alleys, or adjoining
properties.
45. Exterior lighting shall be approved by the Plan-
ning Departmen. t PI
46. Development of the site may be subject to a
grading permit to be approved by the Building and
Planning Department.
47. A grading.plan will include a complete plan for
temporary and permanent drainage facilities, to
minimize any potential impacts from silt, debris,
and other water pollutants.
48. The grading permit will include a description of
haul routes, access points to the site, and
watering and sweeping programs designed to mini-
mize impacts of grading and haul operations.
49. An erosion, siltation, and dust control plan shall
be submitted and be subject to approval by the
Building Department and a copy will be forwarded
to the California Regional wAter Quality Control
Board, Santa Ana Region.
50. Grading shall be conducted in accordancewith
plans prepared by a civil engineer and based on
recommendations of a soils engineer and an engi-
neering geologist subsequent to completion of a
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comprehensive soils and geologic investigation of
the site. Permanent reproduction copies of the
"Approved as Built" grading plans on standard -size
sheets shall be furnished to the Building Depart-
ment.
51. The Fire Department shall review design plans to
ensure adequate access and emergency exists.
52. The provision of adequate fire
reviewed by the Fire Department.
53. Structures shall be equipped with
systems as required by Code.
54. Final design of the project shall provide for the
incorporation of water -saving devices for
lavatories and other water -using facilities.
55. All onsite drainage shall be approved by the City
Public Works Department.
56. A weekly cleanup program around the project site
shall by c?nducted:en irregular basis. During
construction. ' basins or -other devices shall be
installed to prevent waste from entering Newport
Bay.
flow shall be
fire suppression
d.•
57. Prior to the issuance of„building permits, a.
comprehensive soils and foundation study will be
prepared and approved by the Planning and Building
Departments of the City of Newport Beach.
58. Should any archaeological resources be uncovered
during .excavation/construction, a qualified
archaeologist or paleontologist shall evaluate the
site prior to completion of construction activ-
ities, and all work on the site shall be done in
accordance with the City Council Policies and K-5
and R-6.
59. Any mechanical equipment and emergency power
generators shall be screened from view, and noise
associated with said structures shall be sound
attenuated so as not to exceed 55 dBA at the
property lines. The latter shall be based upon
the recommendations of the qualified acoustical
engineer and approved by the Building Department.
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60. All construction activities will be limited to the
hours of 7:00 a.m. to 7:00 p.m. Monday through
Friday, and 8:00 a.m. to 5:00 p.m. Saturday and
Sunday.
61. Use of the site shall be limited to a maximum of
2250 persons per day.
62. The Dover Shores Community Association shall be
allowed to elect a representative to the Aquatic
Center Board of Directors:
63. The applicant shall record & 'restrictive covenant
limiting use of the facility to that -allowed by
the terms of the lease'as executed by City
Council.
• • •
-the--Planning—Commission—mete seed —a E—.95—p.:a��an
\{econvened at 9:30 p.m.
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Use Permit No. 3108 (Continued,Public Hearing) Item No.2
I!
Request to permit the establishment of a retail art Use Permit
gallery/studio on property located in the M-1 District. No. 3108
LOCATION: Lots 6 and 7, Block 328, Lancaster's
Addition, located" Aoozoved
at "2912 Layfayette Avenue, on the Condition_
easterly side of Layfayette Avenue, ally,
between'29th Street and 30th Street, in
Cannery Village.
ZONE: M-1
APPLICANT: Paul Blain Henrie,\ Newport Beach
OWNER: Loma Linda University,.Loma Linda
Mr. William Laycock, Current Planning Administrator,
advised that the Planning Staff has recommended that
the following two conditions be added if the'P1auning
Commission desires to approve this Use Permit.
Condition No. 5: "That the second floor areas shall
only be used by the artist or the gallery manager fo a
studio, office, or storage purposes", and Condition No.
,27
17
State of California, George Deukmejian,
California Coastal Commission
SOUTH COAST DISTRICT
245 West Broadway, Suite 380
P.O. Box 1450
Long Beach, California 90801-1450
(213) 590-5071
PILED:
1/10/85
49th DAY: 3/ 1/85
180th DAY:
7/10/85
STAFF: 4y T. Henry:do
STAFF REPORT: 1/30/85
HEARING DATE:2/13-15/85
REGULAR CALENDAR
STAFF REPORT AND RECOMMENDATION
Application: 5-84-786
Applicant:
City of Newport Beach/Newport Aquatic Center
Department of Parks 170 E. 17th St., Suite 204
& Recreation Costa Mesa, CA 92627
P..O. Box 1768
Newport Beach, CA
92658-8915
Agent: Sanchez Talarico.Associates (Fred Talarico)
Description:
Site:
"Summary:
Construction of an 18,228 square -foot aquatic
training and recreational facility to include a
multi -purpose meeting room and a .two -bedroom
aparttnent on the second level to be located on
North.Star Beach in the City of Newport Beach.
North Star Beach adjacent to Upper Newport Bay
located at the terminus of North Star Lane in the
Dover Shores residential area of Newport Beach,
Orange County
APN: 117-381-006
Staff recommends approval with conditions pertaining to bead
improvement, parking, and public health.
Substantive File Documents:
1. Initial Study for the Newport Aquatic Center, North Star
Beach,'Newport Beach, CA,•dated July 9, 1984, by Marie E.
Gilliam/Associates.
2.
Management Plan for Upper Newport Bay Ecological Reserve
the California Department of Fish and Game.
EXHIBIT
5-84-786
Page 2
3. City of Newport Beach'Certified Land Use Plan, May 19, 1982.
STAFF RECOMMENDATION
Staff recommends the Commission adopt the following resolution:
I. Approval with Conditions
The Commission hereby grants, subject to the conditions below, a
permit for the proposed development on the grounds that the development,
as conditioned, will be in conformity with the provisions of Chapter 3 of
the California Coastal Act of 1976, will not prejudice the ability of the
local government having jurisdiction over the area to prepare a Local
Coastal Program conforming to the provisions of Chapter 3 of the Coastal
Act, is located between the sea and the first public roadnearest the
shoreline and is in -conformance with the public access and public recrea-
tion policies of Chapter 3 of the Coastal Act, and will not have any
significant adverse impacts on the environment within the meaning of the
California Environmental Quality Act.
II. Standard Conditio1s: See Attachment X.
III. Special Conditions:
1. Beach Improvement Program. The applicant shall submit a
written agreement,
for aNorth StarBeachImpro
subject
the
review
v
ement
approval ofheExecutive Director,
Program.
A. The agreement shall provide that by the end of the
second year of operation of the facility that a Beach
Improvement Plan to improve the quality of and access to the;
beach shall be submitted. The Plan shall specify whether
the applicant will convert the dredge spoil beach to a sandy
beach @y will.provide_picnic tables, shaded viewing areas,
and a public fishing dock with a sink and cleaning facili-
ties. The Plan shall also include the provision of addi
tional on -site public parking.
B. By the end of the fourth year of operation of the
facility the applicant shall commence construction of beach
improvements as outlined in the above beach improvement
plan. The improvements shall be completed by the end of
the fifth year of operation of the facility.
2. Prior to transmittal of permit the applicant shall submit
revised plans that show a total of 83 on -site parking spaces.
o?5
5-84-786
Page 3
3. The applicant shall submit the final facilities operation plan()
for Executive Director's review and approval.
4. Prior to transmittal of permit applicant shall submit a written I
agreement, the form and content subject to the review and approval of the
Executive Director, that reserves 20 percent of the maximum allowable
daily use of the facility for general public walk-in use of the boat
launching facilities. The agreement shall also specify that the boat •
launching facilities,. public restrooms and public parking be available to
the general public during the hours of operation of the facility. Indoor
boat storage shall also be made available for members of the general
public without requiring them to. enroll into any facility program.
5. The applicant shall submit final bulkhead plans for the review '"
and approval of the Executive Director.
6. The applicant shall obtain and submit written certification. _/
from the California Department of Health that the water quality of the !/
Upper Newport Bay poses no threat to public health in conjunction with
the proposed use.
IV. FINDINGS AND DECLARATIONS.
The Commission finds and declares as follows:
A. Project Description and Location. The proposed two-story,
18,228 square -foot Newport Aquatic Center includes indoor boat storage
area, weight -training room, men's and women's locker rooms, multi-
purpose assembly room, facility and public restrooms, boat repair and
workshop space with a covered service yard, all on the ground level. A
1,440 square -foot, two -bedroom coordinator's residence is located on
the second level. A 15,000 square -foot staging area, dock and bulkhead
are also proposed. Sixty-three parking spaces are provided on -site (see
Exhibit 1 - Site Plan).
The project site is located on the 12-acre North Star Beach at the
terminus of North Star Lane in the Dover Shores Residential Community of
Newport Beach (see Exhibit 2 - Vicinity Map). The facility will ee
adjacent to the Upper Newport Bay Ecological Reserve. Additionally, a
portion of the site has been designated as an Environmentally Sensitive
Habitat area in the City's Certified Land Use Plan.
B. Background. The proposed Newport Aquatic Center will provide
training in kayak and outrigger canoe rowing in addition to related in-
door instruction. The 2 existing rowing facilities in the area, the
Orange Coast College and University of California,Irvine facilities
provide instruction at the collegiate level. The principal goal of the
proposed facility, according to the applicant, is to introduce aquatic
sports to school age children. The primary users of the facility train-
ing programs will include children from the various girls' and boys'
civic clubs, youth day camps and sports camps, as well as boat clubs,ac-
complished athletes training for international competition and enrollees
of the City's aquatic -rcreation programs.
5-84-786
Page 4
The concept of a rowing and aquatic sports center was approved by
the people of Newport Beach in a 1982 referendum. Initially the facility
was to be nearly three times the proposed size and included a 2,800
square -foot sports medicine clinic, pool, pro shop, laundry, and a
"training hostel" to provide up to 14-day's lodging for 25 to 50 people.
The facility -would have accommodated 850 daily users. The scaled down
facility approved by the City has been conditioned to limit the total
maximum daily use to 250. The City added 62 more conditions largely as
a result of the concerns expressed by the Dover Shores Residential
Community through which is the only overland access to the project site
(see Exhibit 3 - List of City Conditions).
C. Public Use of Tidelands. North Star Beach is a public tide-
lands held in trust jointly by the County of Orange and the City of
Newport Beach for the People of.the State of California. As such the
use of the.site•is governed by a Legislative 'Tideland Grant which dic-
tates that the general public must be allowed maximum use'of the beach.
North Star Beach is currently under-utilized by the public due to its
limited access and poor beach and water quality. Overland access to
the site is through a residential community via winding roads. Addition-
ally, the beach is below a 100-foot high bluff. The lack of use of the
beach is also due to the fact that it is not a sandy beach but a...dredge
spoil site. However, the City has plans to make the 12-acre site a high
quality beach as indicated in their Certified. Land Use Plan. While
replacing the dredge material with high quality sand will improve the
beach the water quality of the adjacent Upper Newport Bay State.
Ecologic Reserve must also be improved if the public is to achieve maxi-
mum enjoyment of this coastal area. The poor water quality of the Upper
Bay area is due primarily to extensive sedimentation which has resulted
in a loss of tidal flushing. However, contamination from coliform, land-
scaping and agricultural nutrient -rich runoff and heavy metals has led to
the restriction of water contact activities and the collection of shell-
fish for human consumption throughout the Upper Bay. The California
Department of Fish and Game, County of Orange, City of Newport Beach,
City of Irvine, and the Southern California Association of Governments
are working together on 208 planning studies to improve the water quality
of the Upper Newport Bay. Presently the beach is used for fishing, bird -
watching, jogging and open space.
Staff feels that the proposed project is not inconsistent with the
City's plans for the site to make it a high quality beach. The aquatic
facility will occupy approximately one-fourth of the beach and will be
sited so that the portion of the beach left undeveloped is that adjacent
to the public road. A deed restriction will limit development to approxi-
mately 3 acres."of the 12-acre beach. However, if the proposed project
were not built the entire beach would remain in open space and be avail-
able for improvement to a high quality sandy beach to provide for swim-
ming; fishing, picnicking, and other passive recreational uses. It is
staff's contention that the use of proposed facility is quasi -public in
that the primary users will be various boat clubs, youth day camps,
sports camps, various civic organizations, and elite athletes through
memberships. The City of Newport Beach Department of Parks, Beaches
and Recreation will also offer programs through the facility with
3/
5-84-786
Page 5
enrollment on a user fee basis, but the City programs will constitute
less than 20 percent of the total daily allowable use of the facility.
Further general public use of the recreational facility is restricted
since the project has been conditioned to restrict total daily use of
the facility_to 250. Staff finds that only as conditioned to implement
a beach improvement plan to include public on -site parking, to reserve a
percentage of the allowable daily use for walk-in use of the boat launch-
ing facilities by members of the general public who own human -powered:
watercraft and to allow them to use the indoor boat storage facilities
and to provide public restrooms and on -site public parking, can a deter-
mination be made that the project allows maximum public use of the tide-
lands.
D. Public Recreational Opportunities. Sections 30220, 30224 and
30255 of the Coastal Act address the use of coastal areas for public
recreation as follows:
Section 30220.
Coastal areas suited for water -oriented recreational activities that cannot
readily be provided at inland water areas shall be protected for such uses.
Section 30224.
Increased recreational boating use of coastal waters shall be encouraged,
in accordance with this division, by developing dry.storage areas, increasing
public launching facilities, providing additional berthing space in existing
harbors, limiting non -water -dependent land uses that congest access corridors
and preclude boating support facilities, providing harbors of refuge, and by,
providing for new boating facilities in natural harbors, new protected water
areas, and in areas dredged from dry land.
Section 30255.
Coastal -dependent developments shall have priority over other developments
on or near the shoreline. Except as provided elsewhere in this division,
coastal -dependent developments shall not be sited in a wetland. When (
appropriate, coastal -related developments should be accommodated within
reasonable proximity to the coastal -dependent uses they support..
(',mended by Ch. 1090, Stats. 1979.)
The proposed aquatic training and recreational facility is a water
dependent use that will increase recreational boating use'of coastal
waters. As conditioned to allow general public use of the boat launching
facilities and indoor boat storage areas without requiring participation
in the facility programs, the project is consistent with Sections 30224
of the Coastal Act.
3•7 ?
5-8,4-786
Page 6
E. Public Access. Section 30252(4) of the Coastal Act states
that,' "The location and amount of new development should maintain public
access to the coast by (4) providing'adequate parking facilities or pro-
viding substitute means of serving the development with public trans-
portation."
The project will provide 63 on -site parking spaces. Using
Commission adopted parking Guidelines, parking should be provided at
the rate of one space for each 4 persons based upon maximum capacity of
all programs of the facility capable of simultaneous use, plus one space
for each 2 employees. The project has been conditioned to restrict
total daily use of the facility to 250 for all programs. This number of
visitors would require 63 parking spaces under the Guidelines. The
number of employees will fluctuate with the time of day, day of the week
and with the season. During summer weekday afternoons the facility pro-
grams will be at maximum capacity and thus more employees will be re-
quired. Also during most of the day 4 to 5 programs (excluding the
advanced individually monitored rowing and recreational program), will be
running simultaneously. The facility will be least used and require
less employees on winter weekends. •
Though the project site, North Star Beach is currently under-
utilized, development of the proposed aquatic training and recreational
facility will attract curiosity and increase the use of the beach.
The availability of a public boat launching facility at the site will
also attract more useSof the beach and thus increase public parking
demand. The Commission finds that only as conditioned to provide 20
additional on -site employee and public parking spaces for a total of 83
spaces, can the project be determined to be consistent with Section
30252(4) of the Coastal Act.
F. Environmentally Sensitive Habitat Areas. Section 30240 of the Coastal Act states:
Section 30240.
(a) Environmentally sensitive habitat areas shall be protected aga nst any
significant disruption of habitat values, and only uses dependent on such
resources shall be allowed within such areas.
(b) development in areas adjacent to environmentally sensitive habitat
areas and parks and recreation areas shall be sited and designed to prevent
impacts which would significantly degrade such areas, and shall be compatible
with the continuance of such habitat areas.
A=portion of North Star Beach is designated as an Envirorunentally
Sensitive Habitat area in the City's Certified Land Use Plan because
there is a small freshwater stream. The stream supports a riparian
area which includes some volunteer arroyo willows. The source of the
stream is a drain pipe at the base of the 100-foot high cliff which
borders the beach on the northwest (see Exhibit 1 - Site Plan). The
33
5-84-786
Page 7
proposed facility is setback 60 feet from the riparian area,:aiid..no
activities will take place in the riparian area which is located above tt
facility. Additionally the public beach to be improved is at the
southern end of the site and, therefore, the project will not encourage
human activity in this wetland area adjacent to the Ecological Reserve.
Therefore the Commission finds that the proposed project is consistent
with Sections 30240 of the Coastal Act.
G. Land Use Plan Consistency. On May 19, 1982, the Commission
certified the City of Newport Beach Land Use Plan. The Land Use desig-
nation of the project location is "Recreational and Ehvironmental Open
Space." The permitted uses of this use designation are as follows:
Recreational and Environmental Open Space. This subcategory includes
parks, wildlife refuges, golf courses,bluffs, canyons,' and beaches. Uses
periitted in areas shown -for Recreational and Environmental Open Space on the
sites listed on Page 17 of 'the LUP and defined as environmentally sensitive
areas (Page 20) are passive recreation uses compatible with the sensitive
resource nature of these sites; and include hiking, picnicking and nature
study.
North Star Beach listed on Page 17 of the LUP as a portion of the
site is defined as al environmentally sensitive area. However, because
the project has been sited and designed to prevent any adverse impacts
to the riparian area and is compatible with the continuance of the
habitat area, staff finds it is consistent with the permitted uses of
the Land Use designation as stated in the City of Newport Beach
Certified Land Use Plan.
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EXHIBIT NO. Z
APPLICATION NO.
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V CM/7 /7T
NORTH STAR BEACH - JOINT POWER AGREEMENT
PRELIMINARY DRAFT
THIS JOINT AGREEMENT, made and entered into this 2VZJii day
of - ia,,L01"' , 1987, between the COUNTY OF ORANGE, a political
subdivision of the State of California, hereinafter referred to
as "COUNTY," and the CITY OF NEWPORT BEACH, a municipal
corporation, hereinafter referred to as "CITY;"
RECI T A L S:
A. COUNTY and CITY are each owners of an undivided
one-half interest in 12+/- acres of tidelands located in the City
of Newport Beach ("Property"). The Property more specifically
described and depicted in Exhibits "A" and "B" to this Agreement.
B. COUNTY holds the Property in trust under express
condition of Legislative Tidelands Grant, Chapter 526, Statutes
of 1919, as amended, and COUNTY has granted to CITY one-half
interest in said land by deed recorded March 13, 1978 for
development of mutually beneficial public recreation facility.
C. All development and use of the Property shall be
subject to and in conformance with restrictions on use of the
property, which restrictions are set forth in said Tidelands
Grant, Chapter 526, Statutes of 1919, as amended, and the Grant
Deed by which COUNTY granted to CITY an undivided one-half
interest in the property.
D. CITY and COUNTY have approved, in concept, a
proposal submitted by Newport Beach Aquatic Center, a non-profit
corporation, which calls for the construction, at no cost to CITY
or COUNTY, of an Aquatic Center on North Star Beach.
E. The construction of an Aquatic Center on North Star
Beach would constitute a significant benefit to both CITY and
COUNTY in that the facility would be available for use by members
of the general public to serve the needs of the large number of
persons who own human -powered watercraft and provide additional
facilities to serve the general public for activities such as
public fishing access.
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EXHIBIT C
F. The City Council of Newport Beach submitted the
Aquatic Center proposal to the voters of the City of Newport
Beach, pursuant to the provisions of Section 1402 of the City
Charter of the City of Newport Beach, and voters approved said
proposal on November 4, 1982.
G. The legislative bodies of the CITY and COUNTY
believe that a Joint Powers Agreement would be the most efficient
means of supervising the development, construction, and operation
of the facility.
H. On September 21, 1982, COUNTY's Board of
Supervisors authorized preparation by EMA of Joint Powers
Agreement with CITY to implement proposed development of Aquatic
Center.
I. CITY and COUNTY deem it to be to the mutual
advantage of the parties hereto and in the public interest to
treat the above -described tracts of land as a single parcel and
designate the City to administer the development and operation of
proposed Aquatic Center on North Star Beach.
PARTIES, THEREFORE, IN CONSIDERATION OF MUTUAL INTERESTS
TO PROVIDE PUBLIC AQUATIC RECREATION FACILITIES, CITY AND COUNTY
AGREE AS FOLLOWS:
1. The property commonly known as North Star Beach,
which is legally described in Exhibit "A," and depicted in
Exhibit "B" shall, for purposes of this Agreement, be considered
as a single parcel.
2. CITY shall have the power to bind County to a 25
year ground lease, consistent with the terms of the Tidelands
Grant, of a portion of the Property provided:
A. The property is leased to a non-profit
corporation for development and use solely as a facility to
promote sports involving human -powered watercraft;
B. The lease has been submitted to the Director
of the Environmental Management Agency of the County of Orange
for review and approval, and the lease is in substantially the
same form as the document attached to this Agreement as Exhibit
"C "
3
C. The use of the leased premises shall be
limited to those specified in City of Newport Beach Use Permit
-2-
No. 3104 and Coastal Development Permit No. 5-84-786 (see
Exhibits "C" and "D" respectively.)
D. CITY shall be the "lead agency" with respect
to any environmental documentation required by any project (as
that term is defined in the CEQA Guidelines) undertaken by the
Aquatic Center or the City on or around the leased property.
3. CITY shall review and approve schematic and final
construction plans and specifications for construction of
proposed Aquatic Center, perform all inspections, and issue final
certificates of occupancy. Copies of approved plans and
specifications shall be provided to the Director of the
Environmental Management Agency of the County of Orange.
4. All development, construction, operation, and
maintenance of Aquatic Center shall be at no cost to CITY or
COUNTY, provided that CITY staff shall be responsible for
administering the operation of the facility to insure it is being
used in conformance with this agreement, Use Permit No. 3104 and
the long term lease.
5. Use of Aquatic Center and all its facilities shall
be granted to all residents of COUNTY on an equal basis as
residents of CITY. No person shall, on the grounds of race,
color, creed, national origin, sex, or any other
constitutionally -impermissible criteria, be excluded from
participation in, be denied benefits of, or be subjected to
discrimination under, any program or activity conducted by
Aquatic Center or within facilities constructed on said parcel of
land.
6. CITY shall ensure that the public shall have access
to the Aquatic Center facilities, including rest rooms and public
parking, and that development and operation of the Aquatic Center
promote public access to the beach.
7. The long term ground lease shall require Lessee to
provide adequate assurance that the Aquatic Center shall be
constructed in a timely manner.
8. CITY shall, to the extent permitted by law,
indemnify, defend and hold harmless the COUNTY, and its officers,
agents and employees, from and against any claim, demand, loss,
or liability arising out of the negligence or wrongful act or
omission of CITY, or its officers, agents or employees, in
approving the long-term ground lease, approving final
construction plans, specifications, and building inspections.
-3-
The long term ground lease shall contain a provision requiring
Lessee to name the COUNTY as an additional insured with respect
to any and all operations or activities conducted by Lessee from
or at the leased premises.
9. All land and improvements shall remain the joint
property of CITY and COUNTY, and shall be maintained and operated
for public park and recreation purposes consistent with the terms
of the grant deed by which COUNTY conveyed a one-half interest in
the property to CITY.
10. In the event CITY does not approve a long term
ground lease for the construction of the Aquatic Center within
six (6) months from the date of approval of this Agreement, this
Agreement shall become null and void and cease to govern any
actions of either the CITY or COUNTY regarding the property.
11. Notices
All notices pursuant to this agreement shall be
addressed as set forth below or as either party may hereafter
designate by written notice and shall be sent through the U.S.
Mail.
COUNTY: CITY:
County of Orange City Manager
Director City of Newport Beach
Environmental Management 3300 Newport Boulevard
Agency Newport Beach, CA 92663
P.O. Box 4048
Santa Ana, CA 92702-4048
IN WITNESS WHEREOF, the parties hereto have caused this
Joint Powers Agreement to be executed by their respective
governing bodies on the dates set forth opposite their
signatures.
Dated:
_3--76-1'7
-4-
Newport Beach
APPROVED/AS TO FORM:
By:
C'ty Attorne , Newport Beach
Dated:
MAR 2 J. 1987
RECOMMENDED FOR APPROVAL:
ATTEST:
//)
By: '(127lia_
Ci Clerk, Newport %'ach
liPCOUN •F ORANGE
By: art/
Cha an, Board o
Su'' visors,
County of Orange
ATTEST:
By: ��� %�/�-•� By:
Director
Environmental Management Agency
-5-
inda D. 'ob= is
Clerk, Board of Supervisors
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
By:
3// 7
Deputy