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HomeMy WebLinkAbout10040 - Beacon Bay• • 0 RESOLUTION NO. 1 ® 0 4'® A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING.AN AGREEMENT TO LEASE AND LEASE OF BEACON 13AY RESIDENTIAL LOTS AND AGREEMENT TO LEASE AND LEASE OF BEACON BAY. COMMON AREA CONSISTENT WITH CHAPT.ER.74, STATUTES OF 1978 AND THE CHARTER OF THE CITY OF NEWPORT BEACH WHEREAS, the City owns certain tidelandsand uplands in an area known as Beacon Bay; and WHEREAS, on January 9, 1950 City entered into a master lease to said property with Carroll B. Beek„ Barton Beek, Joseph Allan Beek,. Jr. and Seymour Beek jointly, which master lease expires on December 31, 1987; and WHEREAS, the westerly portion of the Beacon Bay property has.been divided into individual lots and sublet for residential purposes; and WHEREAS, all said subleases will expire on the same date as the master lease, December :31, 1987; and WHEREAS, the,City Council finds it to be in the .public interest and the welfare of the Citlt that the portion of Beacon Bay which is currently leased for residential purposes remain res. dental in character and that to enter into new agreements to lease with.the. sublessees under terms and conditions'set forth in • the Agreement`to Lease and Lease is in the public interest; and • common areas, landscaped areas, beaches and other areas presently • leased to the Beacon Bay Community Association should remain in • said status in consideration of the Beacon Bay Community Association maintaining said areas at no expense to the City and further providing that the areas designated as tidelands within said leased area remain open, available and accessible to the public; and WHEREAS, Chapter 74, Statutes of 1978 permits the leasing of the residential lots in Beacon Bay which are located on tidelands; and WHEREAS, said Statute provides that the maximum term of leases of residential lots in Beacon.Bay located on tidelands shall not exceed fifty years; and WHEREAS, Section 1402 of the Charter of the City of Newport Beach permits the leasing and re- leasing of water front property, provided the property was under lease as.of January 11, 1957, the date of adoption.of said provision of the Charter of the City of Newport Beach; and WHEREAS, the City Council hereby finds.that the maximum lease term,for_ the residential lots in Beacon.Bay shall not exceed twenty -five years for the following reasons: A. Section 420 of the Charter of the City of Newport Beach prohibits the City entering�i.nto a lease in excess of • twenty -five years without voter approval. • B. The City Council finds it undesirable to commit the residential portion of Beacon Bay to residential use.for a period longer than twenty -five years. At the termination of a twenty- five year lease renewal, the City Council.of the City.of Newport I i/ Beach will be given another opportunity to determine . whether or • not residential uses on that property are appropriate or whether other uses are more appropriate. A lease term longer than • twenty- five years would be an excessive commitment for this particular residential use of tidelands and uplands property owned by the City of Newport Beach. C. The extension of the residential lease term beyond twenty -five years would provide very little, financial advantage to the City. An analysis of rental values has shown that a 35 year Lease will only increase the rental by 12.48 per annum. Therefore, the modest increase in lease payments to the City do not offset the disadvantage of committing the land to residential uses for a,period longer than twenty -five years; and WHEREAS, the City Council hereby finds and determines that the leasing of the subject property is an act by the City of Newport Beach in its proprietary capacity and further that the execution of the Agreements to Lease the respective residential lots and the common areas in the westerly portion of Beacon Bay binds the City of Newport Beach to execute the Leases of said properties in December, 1987, and said execution of said Leases by and on behalf of the City of Newport Beach constitutes a ministerial act and.a furtherance of the obligation of the City of Newport Beach hereby created. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport,.Beach that pursuant 'to the recitals • hereinabove set forth, the Charter of the.C'ity of.Newport Beach • and Chapter 74, Statutes of 1978, the form of Agreement to Lease and Lease of the residential lots in Beacon Bay, respectively attached hereto,, be and they are hereby approved. 3 BE IT FURTHER RESOLVED that the Agreement to Lease and Lease of the Common Area of Beacon Bay, respectively attached hereto, be and they are hereby approved. • BE IT FURTHER RESOLVED that the,Mayor and City Clerk are hereby - authorized and directed to execute each individual Agreement to Lease the respective residential lots in the westerly portion of the Beacon Bay property and the common areas in the western portion of the Beacon Bay property and that the Mayor and City Clerk of the City of Newport Beach are further authorized and directed to execute said Lease for the respective residential lots in the westerly portion of the Beacon Bay property and the common areas of the western portion of the Beacon Bay property during the month of December, 1987, provided that the Sublessees and the Beacon Bay Community Association and their heirs, devisees, and assigns„ as the case might be, have fully performed and executed their obligation under said Agreements to Lease. ATTEST: • City Clerk MAI . 1 ADOPTED this day of _ , 1981. 4 HRC /pr 051181