HomeMy WebLinkAbout10071 - Balboa Yacht BasinRESOLUTION N0. 10071
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH APPROVING AN ASSIGNMENT OF
LEASE (BEACON BAY - EASTERLY PORTION) BALBOA
YACHT BASIN FROM THE IRVINE COMPANY TO THE
CITY OF NEWPORT BEACH AND RESCINDING
RESOLUTION NO. 10050
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, 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. Meisinger 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. "; and
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; and
WHEREAS, The City Council of the City of Newport Beach
approved said Assignment by Resolution No. 7475 adopted June 28,
1971.- and
•
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;
and
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; and
WHEREAS, also in the Balboa Yacht Basin are located 7
apartment units, 56 storage garages and a marina; and
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; and
2
WHEREAS, The City of Newport Beach desires to become
the assignee of said Master Sublease, subject to the terms and
conditions hereinbefore 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, which document is attached hereto and incorporated
herein by this reference.
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.
BE IT FURTHER RESOLVED that Repr)lution No. 10050 be and
hereby is rescinded.
ADOPTED this 22nd day of June , 1981.
ATTEST:
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6/22/81