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HomeMy WebLinkAbout10050 - Balboa Yacht BasinI RESOLUTION NO. 10,050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING THE ASSIGNMENT OF LEASE (BEACON BAY EASTERLY PORTION) BALBOA YACHT BASIN FROM THE IRVINE COMPANY TO THE CITY OF NEWPORT BEACH WHEREAS, the City holds title to and is the owner of certain harbor frontage and tidelands, together with certain uplands abutting thereon, known as the "easterly portion" of Beacon Bay, hereinafter referred to as "Balboa Yacht Basin "; and WHEREAS, the City leased to J. A. Beek, Carroll B. Beek, Barton Beek and Joseph Allan Beek,- Jr., the Balboa Yacht Basin by a Lease dated January 9, 1950, hereinafter "Master Lease ", which Master Lease expires on December 31, 1987; and WHEREAS, The Balboa Yacht Basin was leased by J. A. Beek, Carroll B. Beek, Barton Beek and Joseph Allan Beek, Jr. to Hugh W. Haley and Margaret E. Meiisinger by a Lease dated February 28, 1950, and recorded March 13, 1950 in Book 1984, at Page 296 as Instrument No. 12032 in the Office of the County Recorder for the County of Orange, which Lease is hereinafter referred to as "Master Sublease." WHEREAS, The Master Sublease of Balboa Yacht Basin was assigned by Hugh W. Haley and Margaret E. Meisinger and Mildred J. Haley, wife of Hugh W. Haley, to The Irvine Company by an Assignment recorded in the official records of Orange County, on August 9, 1971, in Book 9752, Page 913. WHEREAS, The City Council of the City of Newport Beach approved said Assignment by Resolution No. 7475 adopted June 28, 1971. WHEREAS, On July 11, 1977, the.City Council of the City of Newport Beach, by Resolution No. 9151 approved, an Assignment from The Irvine Company, a West Virginia Corporation, to The Irvine Company, a Michigan Corporation, of the Master Sublease. WHEREAS, The Irvine Company sublet certain portions of the Balboa Yacht Basin, which Subleases are as follows: 1. A Lease to Edward '.H. Flach and Myrtle E. Flach to operate a restaurant, known as "Galley Cafe ", by a lease dated September 30, 1971, as amended; 2. A Lease to Basin Marine, Inc., a California Corporation, to operate a shipyard and yacht repair facility and a marine and general hardware store, by a lease dated September 20, 1973, as amended; 3. A Lease to Finley G. Scott for the conduct of the business sales, brokerage and insurance sales, by a Lease dated August 16, 1971, as amended. WHEREAS, also in the Balboa Yacht Basin are located 7 apartment units, 56 storage garages and a marina. WHEREAS, The Irvine Company desires to assign to CITY all its right, title and interest in said Master Sublease, subject to the terms of said Master Sublease, Master Lease, the subleases above identified, and further reserving to The Irvine Company the sublease interest in the sublease to Edward H. Flach and Myrtle E. Flach to operate the Galley Cafe, the sublease to Finley G. Scott to conduct the business of yacht sales, brokerage and insurance sales, and further to reserve the use, occupancy and maintenance of the apartment units and appurtenant garage spaces, as hereinafter set forth., a WHEREAS, The City of Newport Beach desires to become the assignee of said Master Sublease, subject to the terms and conditions hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the Assignment of Lease (Beacon Bay - Easterly Portion) Balboa Yacht Basin be and it is hereby approved. BE IT FURTHER RESOLVED that the Mayor and the City Clerk are hereby authorized and directed to execute the Assignment of Lease and take whatever additional steps are necessary to cause a completion of the Assignment of Lease and transfer of the leasehold estate to the City of Newport Beach. ATTEST: City Clerk ADOPTED this 26th day of May , 1981. 3 HRC /pr 5/26/81