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HomeMy WebLinkAboutC-1372 - Lease Agreement for Eastbluff Parkr 'CF— IPICAVO �R BAN ._ . ... . -••° 6SIlE DATE�MM/ ➢� . 4Y PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, FULLERTON INSURANCE SVC . EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE 1235 N. Harbor Bl. , #150 Fullerton, CA 92632 -1349 CoMPANY A LETTER Calvert ( 714) 871 -4353 COMPANY LETTER v INSURED Boys -Girls of Harbor Area COMPANY LETTER rL, RECEIVED P. 0. Box 10297 Costa Mesa CA 92627 COMPANY D FEB 28 B LETTER C, -i wymERK -, COMPANY BED - LETTER E �/� i`•�i THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AB W LICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH PECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. PE OF N3URANGE POLICY NUMBER POLICYEfFECTIVE DATE(MM/DDNY) POLUCYEXPNLL TION DATE(MM/DD/YY) tLBS BILTTY GENERAL AGGREGATE $ NONE ERCIAL GENERAL LIABILITY SCPO -04 -92 08/28/93 08/28/94 t01WNERS PRODUCT &COMP /OP AGG. $]- O00 000 CWMS MADE OCCUR. PERSONAL &ADV. INJURY $], OOO OOO & CONTRACTORS PROT. EACH OCCURRENCE S1,000,000 FIRE DAMAGE (Any one Are) $ 50,000 MED EXPENSE (Any one person $ 5,000 AUTOW E LIABILITY ANY AUTO COMBINED SINGLE LIMB $ 1 000 000 ALL OWNED AUTOS SCHEDULED AUTOS SCPO -04 -92 08/28/93 08/28/94 X BODILY INJURY (Per person) $ X BODILY INJURY per eccideni) $ HIRED AUTOS NON-OWNED AUTOS X PROPERTY DAMAGE $ GARAGE LIABILITY EXCESS LIABILITY EACH OCCURRENCE IT AGGREGATE $ UMBRELLAFORM e... OTHER THAN UMBRELLA FORM IRA'S CL14EMT101 STATUTORY LIMITS EACH ACCIDENT $ AdD DISEASE -POLICY LIMB S EIPLUPERS' LIABILITY DISEASE -EACH EMPLOYEE $ DINRR DESCRIPTION OF O MTIIIBSAIBATIBMS/M1CLES /SPECM ITERS EXCLUSIONS: Designated Products; trampoline, oral contractual, medical payments for students /athletic participants, and pollution. RE: 2555 Vista Del Oro. Newoort Beach CA 92fikO C"EAI1PICd4TE iALLA.. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE AND ADDITIONAL INSURED ::, EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City of Newport Beach LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR City Clerk ` -` _ LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES 3300 Newport Blvd. Newport Beach, CA 92660 AUTHORT REPPIENTA T A411101211. CERTIFICATI PRODUCER Averbeck Co. InL;,, Br!�r' 1890 N. Garey Ave Pomona, CA `x1767 CODE SUB -CODE OFINSURANCE INSURED �i'�,OyS CI LI J Of i:;'I '21 C`t10 C` A1'ea Attn: insurance Committee 1. 0. Box 10927 Costa Mesa, CA 92627 ISSUE DATE (MM1DD.'YYI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANY A LETTER COMPANY B LETTER COMPANY LETTER COMPANY D LETTER COMPANY E LETTER COMPANIES AFFORDING COVERAGE (INA) COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE `GENERAL LIABILITY ' COMMERCIAL GENERAL LIABILITY x CLAIMS MADE OCCUR. OWNER'S S CONTRACTOR'S PROT. AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS LIABILITY OTHER POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS DATE (MMIDDIYY) DATE (MMIDDIYY) �)- —,7 7. _I') GENERAL AGGREGATE f`YDOD PRODUCTS - COMPIOPS AGGREGATE It ` Y ODD 1,000 PERSONAL 8 ADVERTISING INJURY $ � 0110 EACH OCCURRENCE S s -so FIRE DAMAGE (Any one ire) E MEDICAL EXPENSE (Any one person) S COMBINED SINGLE $ LIMIT BODILY NJURY $ Per person) BODILY INJURY $ (Per accident) Ov N t PROPERTY S DAMAGE EACH AGGREGATE OCCURRENCE $ s STATUTORY S (EACH ACCIDENT) S (DISEASE— POLICY LIMIT) S (DISEASE —EACH EMPLOY SCRIPTION OF OPERATIONS / LOCATIONS IVEHICLESIRESTRICTIONSISPECIAL ITEMS CERTIFICATE HOLDER IS ADD.IT.IONAL.. INSURED PER FORM CG20 4 ATTACHED. 6R ?RTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CITY HALL MAIL �_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CITY HALL BLVD. LEFT, BbY FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR NEWPORT NT BEACH , CA . 9'2E;6D LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Boys Club of the Harb r Area COVERAGE PART NUMBER: �2 jg OOMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT RANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART I We waive any right of recovery we may have against the person or organization shown in the Schedule because o' payments we make for injury or damage arising out of "your work" done under a contract with that person or organization. The waiver applies only to the person or organization shown in the Schedule. NAME OF PERSON OR ORGANIZATION: City of Newport Beach City Hall 3300 Newport Blvd. Newport Beach, CA. 92660 SCHEDULE RE: 2555 Vista Del Oro Newport Beach, CA. CAT 7ft+:e_ CG2404 (ED. 11-85) P NTE= N - j 6 OFFICERS Bill Welch President Pal Beek tat Vice-President Richard Allred 2nd Voa- President John Houten Treasurer Mike Scheafer Secretary Loyd Wright If Immediate Past President Richard E. Power Executive Director DIRECTORS Tom Baron Peter HeIh1Ch John Hollern Jaime Holmes Jeffery Matsen Leon Napper David Northridge John Petry Keith Van Holt Jeff Weber Lawrence Werner Dan Winton FRIENDS Robert E. Badham Hon. Blair T Barnette AI Basso Burleigh Brewer Robert Briggs John L. Curti Liz Davies James Egner James Erwin Paul Gentosi John Hales Dennis Harwood Robert Ingold. Jr Tom Linden Charles Martel Roy McCardle Mike McKinley Dennis Oshome Man Osgood Dennis O'Neil Richard Olhmer Jerry Palanpan John Pitchess Eugene Rhodes David Roberson Dan S. Rogers Hall Seely W. Richard Smith Diane Stern H. Newell Stickler Bran Towersey BRANCH DIRECTOR Harlan Andersen. LW Yanlom Agustin Heredia, Easlbluff Etezncr Stroiny. Westside Theresa Crtcher. Irvine MEMBER The Boys & Girls Club of thek>q>rea I 2131 Tustin Ave. • P.O. Box 10297 • Costa Mesa, CA 92627 • (949) 642 -2245 • FAX (949) 642 -8855 '00 APR 11 A 9 :13 Boys & Girls Clubs "The Positive Place for Kids" Or�ir. -FT3 C!fYCL!Rr: CRT';' ,, .,:: r`'9itT S ACH April 7, 2000 City of Newport Beach City Clerk P.O. Box 1768 Newport Beach, CA 92658 -8915 City Clerk: Enclosed please find our check #1944 in the amount of $1.00 to cover the Eastbluff Branch of the Boys & Girls Club of the Harbor Area lease fee for 2000. Sincerely, RICHARD POWER Executive Director RP /dc Enclosure BOYS CLUB OF THE HARBOR AREA, INC. . PETTY CASH ACCOUNT 2131 TUSTIN AVE. 714 -542 -2245 n. r COSTA MES) CA ,92627, ' 11 1/ / I If rl.. I� .. -3201 DoayS4eU Ifatrpgt Berl. Paola 9N�80 FOR is 4,2 2 2 3 7683 : L:44.4n'OU5 Boys B Girls Clut,s of America •' / `. "/ - -' � /. '/ / ♦'/ ' United Way of Orange County - - • /•.. /- i Celebrating Over 50 Years of Service to Harbor Area Youngsters OFFICERS Sill Welch President Pat Beek 1 sl Vice- President Richard Allred 2nd Vice - President Jahn Houten Treasurer Mike Scheaar Sedrelary Loyd Wright III Immediate Past President Richard E. Power Executive Director DIRECTORS Tom Baron Edwin Hodges John Hallam Jeffery M.hum Leon Napper David Northridge John Petry Keith Van Halt Lawrence Wemer Dan Winton FRIENDS Robert E. Sachem Han. Blair T. Barnette At Basso Burleigh Brewer Robert Briggs John L. Curci Liz Davies James Egner James Erwin Paul GBntoSi Charles R. Gross Dennis Harwood Robert ingald. Jr. Eric Johnson Bette Lawson Tom Linden Charles Markel Roy McCardle �r i -e "- (� - I -D q c 0 49 The Boys & Girls Club of the Harbor Area 2131 Tustin Ave. • P.O. Box 10297 • Costa Mesa, CA 92627 • (714) 642 -2245 • FAX (714) 642 -8855 Boys & Girls Clubs "The Positive Place for Kids" February 24, 1999 City of Newport Beach City Clerk P.O. Box 1768 Newport Beach, CA 92658 -8915 City Clerk: Enclosed please find our check 42339 in the amount of $1.00 to cover the Eastbluff Branch of the Boys & Girls Club of the Harbor Area lease fee for 1999. RP /nc Enclosure BOYS CLUB OF THE HARBOR AREA, INC. PETTY CASH ACCOUNT 2131 TUSTIN AVE. 714 -642 -2245 COSTA MESA, CA 92627 ILU, Sincerely, RICHARD POWER Executive Director ®Califomia State Bank 1201 Dow Street. Newport Beach, Catiforaia 9268D For o a — ( - 1: 1222376831: 2339000911166667211•, f79 CiT p Ti `rtm �qq 1 ri 2339. _,� t D8te�i yyf{� 80- 3788/1222 1 i 008 < . -H< No � vctf„ in Dollars - ®Califomia State Bank 1201 Dow Street. Newport Beach, Catiforaia 9268D For o a — ( - 1: 1222376831: 2339000911166667211•, �gWPORr CITY OF NEWPORT BEACH Y = NLWPORT BEACH, CA 92663 C�(iFOa�P RECEIVED BY: HUGHES "CDAY'S DATE: 02/25/99 0- 6105870 REVENUES. NOC CASH PAID $.00 L7 CASH RECEIPT RECEIPT NUMBER: 02000188708 PAYOR: BOYS CLUB OF THE HA REGISTER DATE: 02/25/99 TIME: 11:08:29 $1.00 ---------------- TOTAL DUE: $1.00 CHECK PAID CHECK.NO TENDERED CHANGE $1.00 2339 31.00 3:00 r LEASE (BOYS' AND GIRLS' CLUB) Eastbluff Park THIS LEASE, made and entered into this Q24 day of �, 1998, by and between the . CITY OF NEWPORT BEACH, a chartered municipal corporation (hereinafter referred to "Lessor"), and the BOYS' AND GIRLS' CLUB OF THE HARBOR AREA (hereinafter referred to as "Lessee "). RECITALS A. The City.of Newport Beach holds title to the Eastbluff Park under a Grant Deed from The Irvine Company dated May 17. 1965 as Document No. 11760 in Book 7522, pages 161 -166 inclusive, Official Records of Orange County. A copy of said Deed, designated as Exhibit "A ", is attached hereto and incorporated herein by reference. B. Lessee is a non - profit corporation organized under Title 12, Part 4, Division 1 of the Civil Code of the State of California, for the principal purpose of constructing, operating and maintaining recreational centers for boys and girls. C. Lessee and Lessor entered into a 25 year lease for a portion of the Eastbluff Park on June 30, 1971 (hereinafter referred to as "1971 Lease "). The 1971 Lease expired on June 30, 1996. Lessee held over under the terms of the 1971 Lease on a month -to -month basis since the 1971 Lease expired. D. Over the term of the 1971 Lease, and pursuant to its terms, improvements were constructed on the site including a recreation building, a gymnasium and outside basketball court (hereafter referred to as "Recreation Facilities "). Lessee desires to enter into another 25 year lease with Lessor for the Eastbluff Park site and the 1 Recreation Facilities, all as more particularly described on Exhibits "C" and "C -1" (collectively referred to herein as "the Premises'), and Lessee is willing to lease the Premises on the terms and conditions set forth in this Lease agreement. E. It is the intention of Lessee to continue to operate an athletic and educational program which among other things will train boys and girls in such subjects as handicrafts, citizenship, sports and sportsmanship. The Recreation Facilities will be available to children regardless of their place of residence. In addition, recognized church, civic and youth groups will be allowed to use The Premises when they are not in use by members of the Boys' and Girls' Club in accordance with the rules and regulations which have been approved by the City Manager. F. In consideration of the Lease, Lessee is willing to be responsible to maintain the Premises and furnish the necessary trained personnel to operate the Boys' & Girls' Club and programs. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS hereinafter set forth, it is agreed as follows: 1. DESCRIPTION OF LEASED PREMISES Lessor hereby leases, and Lessee does hereby accept a lease of the property hereinafter described in Exhibit "B" and as shown on Exhibit "C" attached hereto. 2. TERM The term of this Lease shall be for a period of twenty-five (25) years, commencing on the 1s` day of July, 1998 and terminating on June 30, 2023 unless sooner terminated as provided for in this Lease. 2 3. The consideration for this Lease shall be the payment of rent, Lessee's agreement to construct long term improvements as described in paragraph 7; the continued maintenance and operation of the Premises for the term of the Lease at no cost to Lessor; the commitment of Lessee to operate the facility as a boys' and girls' club as provided in paragraph 5; and the right of Lessor to utilize the facility as provided in paragraph 6. 4. RENTAL Lessee shall pay to Lessor, and Lessor shall accept as rent for the Premises, the sum of One Dollar ($1.00) per year. 5. USE Lessee shall use the Premises, to manage and operate a boys' and girls' club to instruct children of all ages in athletics, handicrafts, and sportsmanship. Lessee shall operate and manage the Boys' & Girls' Club in a manner which does not violate State or Federal discrimination laws. Lessee shall make all services, programs and facilities available to the public on fair and reasonable terms. 6. SHARED USE OF RECREATION FACILITIES A. Use of the Premises shall be shared between Lessor and Lessee on the following basis: 1 \1 1 \1 \ \1 111 (i) Monday — Friday 3 (a) 8:00am — 2:30pm Sept 1 —Jun 15 Exclusive Use of City, with the following exceptions: Fridays — Club Use begins at 11:00am Wednesdays — (Sept 1 — Nov 30 only) Club Use begins at 1:30pm Jun 16 — Aug 31 Exclusive Use of Club (b) 2:30om - 6:30pm All Year Exclusive Use of Club (c) After 6:30um Nov 1 —Apr 1 Exclusive Use of Club Apr 1 — Oct 31 Shared Use by City and Club (ii) Saturday and Sunday — All Day All Year Exclusive Use of City B. Both Lessor and Lessee shall have access to the Premises including keys for entrance into the Recreation Facilities. Lessee and Lessor shall each maintain a list of authorized personnel who have access to or possession of keys for access to the Recreation Facilities. City's use of the Recreation Facilities shall be for use as a community center or recreation center by the City's Community Services Department. However, Lessor agrees not to schedule use by co- sponsored groups with programs that compete with Lessee's Boys' & Girls' Club programs without mutual agreement of the parties. C. The parties shall cooperate in scheduling the use of the Premises in good faith and in a manner which maximizes use of the Recreation Facilities. All conflicts in scheduling for use of the Recreation Facilities which are not resolved by the 4 Community Services Director shall be determined by the Parks, Beaches and Recreation Commission. D. Lessor and Lessee shall each maintain separate office space and storage within the Recreation Facilities. Lessor shall be responsible for security of all equipment and supplies maintained in Lessor's designated office and storage space. 7. CAPITAL IMPROVEMENTS A. Lessee agrees to construct on the Premises those improvements and repairs described in Exhibit "D ", attached hereto and incorporated herein by reference. Construction of improvements and repairs shall be commenced and diligently completed in accordance with the schedule provided in Exhibit "D ". B. If any long term improvement described on Exhibit "D" is completed on or after July 1, 2013 and the useful life of the improvement is longer than the remaining term of this Lease, and the Lease expires and is not renewed, Lessor agrees to pay to Lessee the pro -rata share of the cost of the improvement. The Lessor's share is calculated by dividing the remaining useful life of the improvement as of the expiration of this Lease by the original useful life of the improvement. C. Lessee shall be required to obtain, prior to commencing the construction of any long term improvements, all permits, licenses or approvals that may be required. D. No long term improvements shall be erected or maintained on the Premises unless and until plans, specifications, and structural improvements have been approved, in writing, by Lessor. E. 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, 5 0 alteration or installation of any structure, capital improvement, equipment or facilities on the Premises and from the costs of defending such claims, including reasonable attorney's fees. Lessee shall not suffer or permit to be enforced against the Premises, or any part thereof, any mechanic's, materialmen's, contractor's or subcontractor's liens arising from, or any claim for damage growing out of, the work of any construction, repair, restoration, replacement or improvement or any other claim or demand arising from Lessee's operations under this Lease. In the event any lien or stop notices imposed or recorded on the Premises as a result of the construction, repair or alteration of the facility, Lessee shall pay or cause to be paid all such liens, claims or demands before any action is brought to enforce the same against the leased Premises. Notwithstanding anything to the contrary contained in this paragraph 7E, if Lessee shall in good faith contest the validity of such lien, claim or demand, then Lessee shall, at its expense, defend itself and Lessor against the same and shall pay and satisfy any adverse judgment that may be rendered thereon, before the enforcement thereof against Lessor or the Premises upon the condition that if Lessor shall require, Lessee shall furnish to Lessor a surety bond satisfactory to Lessor in an amount equal to such contested lien, claim or demand indemnify Lessor against liability for the same and holding the leased Premises free from the effect of such lien or claim. F. Before the commencement of any work or construction of any building structure or other improvement on the Premises, or of any substantial repairs, alterations, additions, replacement or restoration, in or about the Premises, Lessee shall give Lessor advanced written notice which specifies the nature and location of the intended work. Lessee shall coordinate with Lessor for the scheduling of any work so that the work does not excessively burden Lessor's use of the Premises. 8. TIME OF OPERATIONS Lessee shall keep the Premises open for use during the periods set forth in Paragraph 6 and shall not substantially alter the type of services provided or facilities offered, without first obtaining the written approval of the City Manager. 9. BUSINESS ACTIVITIES Lessee shall not grant any concession, license, permit or privilege for the conduct of any business or other operation for profit on the Premises without the prior approval of the City Manager. 10. UTILITIES AND TAXES Lessee shall promptly pay for all utility services furnished to it and shall pay before delinquent any general and special taxes or assessments or other governmental charges, if any, which may be levied on the Premises or improvements thereon, or any possessory interest therein arising out of or based upon the leasehold interest throughout the term hereof, or may be imposed upon Lessee as a result of its operations under the Lease. Satisfactory evidence of such payments shall be delivered to Lessor within seventy-two (72) hours of a written request for such information. 11. INSURANCE Without limiting Lessee's indemnification of Lessor, Lessee shall provide and maintain at its own expense during the term of this Lease policies of liability insurance of the type and amounts described below and satisfactory to Lessor. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with Lessor, prior to execution of this Lease and. current certification of coverage shall be provided throughout the terms of this Lease. Except for workers compensation, all insurance policies shall add Lessor, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Lessee's operations under this Lease. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Bests Key Rating Guide: unless otherwise approved by the City Risk Manager. A. Worker's compensation insurance covering all employees of Lessee, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Lease, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Lessee in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Fire and extended coverage for not less than ninety percent (90 %) of the cost of replacement of all insurable improvements on the Premises. Except for worker's compensation, the policy or policies shall be endorsed to state that coverage shall not be canceled by either parry, except after thirty (30) days' prior notice has been given in writing to Lessor. Lessee shall give Lessor prompt and timely notice of claim made or suit instituted arising out of Lessee's operation 3 hereunder. Lessee shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Lessee agrees that, in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Lessee shall look solely to its insurance for recovery. Lessee hereby grants to Lessor, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Lessee or Lessor with respect to the services of Lessee herein, a waiver of any right of subrogation which any such insurer of said Lessee may acquire against Lessor by virtue of the payment of any loss under such insurance. 12. HOLD HARMLESS A. Lessee shall indemnify, defend, save and hold harmless Lessor, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs,and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Lessee, its employees, agents or subcontractors in the operation of the Boys' & Girls' Club and use of the Premises pursuant to this Lease. B. Lessor shall indemnify, defend, save and hold harmless Lessee, its officers and employees, from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of E 0 0 Lessor, its employees, agents or subcontractors in the use of the Premises pursuant to this Lease. 13. MAINTENANCE OF LANDSCAPING AND IMPROVEMENTS A. Lessee to Maintain All Landscaping. Buildings and Improvements Lessee covenants and agrees that during the term of this Lease it will, at its own cost and expense, maintain the grounds, landscaping, Recreation Facilities, equipment and furniture, in good order and repair and in clean, orderly, safe and sanitary condition. As part of required ongoing maintenance, Lessee agrees to paint interior Recreation Facilities every five (5) to seven (7) years. Lessee covenants and agrees that the westerly ten (10) feet, the southerly ten (10) feet, and the northerly five (5) feet of the Premises as described in Paragraph I, above, will be used solely and exclusively for pedestrian walks and landscaping. Lessee shall provide and maintain parking for the Premises in compliance with Use Permit 1503 Lessee shall be responsible for the repair of any damage caused by its members or their invitees. Whenever the Premises are used by Lessor, Lessor shall be responsible for cleaning of the Premises after its use and for the repair of any damages occurring during use by Lessor, or its invitees. B. Lessor May Elect to Repair and Maintain at Expense of Lessee If, in the judgment of the Lessor, such standards of maintenance and repair are not being maintained, it may at its option, after written notice thereof to the Lessee and Lessee's failure to commence in good faith to remedy the same within the time herein provided and thereafter diligently prosecute the same to completion, elect to correct any deficiency, whether it be in reference to grounds, landscaping, building or 10 improvements. Lessee covenants and agrees to pay to the Lessor on demand any and all sums expended by it in correcting any such deficiency together with interest at the legal rate. If, in the judgment of the Lessor, the disrepair or lack of maintenance constitutes an emergency, the notice herein provided shall be a 24 -hour notice to remedy; in all other cases it shall be a 5 -day notice. C. Lessor's Right of Inspection In addition to Lessor's rights to use the Premises as provided in this Lease, Lessor reserves the right by its authorized agents, employees or representatives to enter the Premises upon forty -eight (48) hours advance notice, to inspect the same or any part thereof at any time to attend to or protect the Lessor's interest under this Lease. D. Compliance with Laws. Ordinances and Regulations Lessor and Lessee covenant and agree to comply with all rules, regulations, statutes, ordinances and laws of the State of California, County of Orange, the City of Newport Beach, or any other governmental body or agency having lawful jurisdiction over the Premises or the business, enterprises, or activities conducted thereon. 14. ASSIGNMENT Lessee shall not assign, transfer, sublease, mortgage, hypothecate or give any grant of control of this Lease or the Premises, or any part hereof, either voluntarily or involuntarily, unless first approved by the City Council. 15. RESTORATION If during the term hereof any building or improvement erected by Lessee on the Premises, or any part thereof, shall be damaged or destroyed by fire or other 11 0 0 casualty, Lessee shall, at its cost and expense, repair or restore the same according to the original plans thereof, or, at Lessee's option, Lessee may elect to replace such building or improvement, provided that if Lessee so elects, Lessee shall obtain the approval of Lessor of the proposed architectural plans. Any such work of repair, restoration or replacement shall be commenced within one hundred and eighty (180) days after the damage or loss occurs and shall be completed with due diligence, but not longer than one (1) year after such work is commenced unless delay is caused by events beyond the control of Lessee. If Lessee does not wish to repair or rebuild the improvements, it may terminate this Lease by giving Lessor written notice of termination, and if Lessee chooses to terminate the Lease it shall be obligated to completely clear and restore the building site to its original condition. 16. DEFAULT AND TERMINATION OF LEASE A. Default Time and each of the terms, covenants and conditions hereof are expressly made the essence of this Lease. If the Lessee shall fail to comply with any of the terms, covenants, or conditions of this Lease, including: Premises; 1. Failure of Lessee to keep current on all utility payments for the 2. Failure of Lessee to keep the Premises in good order and repair and to keep it in a neat, clean, orderly, safe and sanitary condition; 3. Failure of Lessee to provide the long -term capital improvements as identified in Paragraph 7 and Exhibit "W; 12 herein required; 0 0 4. The failure to make payment of rent at the time and in the amount 5. Failure to provide certificates of insurance evidencing insurance coverage as required in paragraph 11 of this Lease; and shall fail to (1) remedy such default within thirty (30) days after service of a written notice from Lessor to do so, if the default may be cured by the payment of money or, (2) commence in good faith to remedy any other default within thirty (30) days and thereafter diligently prosecute the same to completion or, (3) if Lessee shall abandon or vacate the Premises, then Lessor may, at its option and without further notice or demand, terminate this Lease and enter upon the Premises and take possession thereof, and remove any and all persons therefrom in the appropriate manner provided by law. B. Surrender of Possession upon Termination Lessee covenants and agrees that upon the expiration or sooner termination of this Lease, the Lessee will peaceably surrender the Premises with all buildings and improvements, in the same condition as when received or constructed, excepting reasonable use and wear thereof, and damage by fire, act of God, or by the elements. The Recreation Facilities and all other improvements built, constructed or placed upon the Premises by the Lessee, or anyone holding by, under, or through it, shall remain on the Premises and become the property of the Lessor without any cost to Lessor upon the termination of this Lease, whether by lapse of time or by reason of default, unless the Lessee elects to remove said improvements within sixty (60) days following the expiration or termination of this Lease. The provisions of this section shall 13 0 be effective upon expiration or termination of this Lease regardless of whether Lessee holds over under the provisions of section E, below. C. Remedies Cumulative The rights, powers, elections and remedies of the Lessor contained in this Lease shall be construed as cumulative and no one of them shall be considered exclusive of the other or exclusive of any rights or remedies allowed by law, and the exercise of one or more rights, powers, elections or remedies shall not impair or be deemed a waiver of Lessor's right to exercise any other. D. No Waiver No delay or omission of the Lessor to exercise any right or power arising from any omission, neglect or default of the Lessee shall impair any such right: or power or shall be construed as a waiver of any such omission, neglect or default on the part of the Lessee or any acquiescence therein. No waiver of any breach of any of the terms,covenants, agreements, restrictions or conditions of this Lease shall be construed as a waiver of any succeeding breach of the same or of any of the terms covenants, agreements, restrictions or conditions of this Lease. E. Holding Over It is mutually agreed that if the Lessee shall hold over after the expiration of this Lease for any cause, such holding over shall be deemed a tenancy from month -to -month only, and upon the same terms, conditions, and provisions of this Lease. 17. EMINENT DOMAIN In the event the whole or part of the property or improvements is 14 0 0 condemned by a public entity in the lawful exercise of the power or 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: (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 bound by the terms, covenants and conditions of this Lease. Lessee shall give notice in writing of his election hereunder, within thirty (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 portion of the property by exercise of eminent domain. Lessee shall be entitled to receive and shall receive all compensation for the condemnation of all or any portion of the improvements constructed by Lessee on the Premises by the exercise of eminent domain. 18. NOTICES It is mutually agreed that any notice or notices provided for by this Lease 15 or by law, to be given or served upon the Lessee, may be given or served by mail, registered or certified, with postage prepaid, and if intended for the City of Newport Beach, addressed to the City Manager,P.O. Box 1768, Newport Beach, California 92659, or at such other address as may be hereafter furnished to the Lessee in writing, and if intended for the Lessee, addressed to its Executive Director, at 2131 Tustin Avenue, Costa Mesa, California, or at such other address as may be hereinafter furnished to the Lessor in writing; or it may be served personally upon any corporate officer of Lessee or person charged with general maintenance responsibilities in connection with the Premises; and that any notice or notices provided by this Lease or by law to be served upon Lessor may be served personally upon the Mayor of the City of Newport Beach or the City Clerk of the City of Newport Beach. Such service shall be deemed complete at the expiration forty -eight (48) hours from and after the deposit in the United States mail of such notice or demand or communication. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first above written. LESSOR: APPROVED AS TO FORM AND CON Rbbin L. Clauson Assistant City Attorney [signatures continued on next page] IiR ATTEST: By: J(,ir!�dxmR City Clerk LESSEE: f Xcat\ag\ boys &girlslLeaseFina1061898.doc BOYS' & GIRLS' CLUB William A. Welch D,e�;AeM 17 • EXHIBIT "A" • .. .. LA.S. $ DEED THE IRVINE COMPANr, a corporation organized and existing under the lawn of the State of Rest Virginia, does hereby.great to the CITY OF NERPORr BEACH, a municipal corporation organized and existing in the State of California:,.`: under and by virtue of a charter duly ratified and approved, without monetary, consideration, and upon and subject to the CondiLioae hereinafter eat forth, ' the real property in the City of Newport Beach, County of Orange, State of I. t, California, together with the trees, shrubs, landscaping sad other, improvements :. - '` thereon, described as follows: That portion of Block 52 of Irvine's Subdivision in the City of;.rr.::;! +.`' y. '. Newport Beach,, County of Orange, State of California, an per map re- corded in Book 1, page 88 of Miscellaneous Record Maps in the Office .-`of the County Recorder of said County, described as follows:•' BEGINNING at the intersection of the centerline of Vista del Oro, 60 feet wide, with the centerline of Vista del Sol, " 130 feet wide, ae said intersection is shown on a map of Tract No. 5463 recorded in,Book 195; Pages 41 to 44 inclusive C'. of Miscellaneous Maps, records of said County; thence South!7; ",i r'. 25' 47' 00" Rest 100.00 feet along sQid centerline of Vista del Oro .., •., ,,, to the beginning of a 'curve concave northwesterly having a radius. .` .. or 552.00 feet; thence southwesterly and westerly 533.11 feet along said curve through an angle of 55° 20' 08" to a point on a non - tangent line, a radial line of said curve to said point bears South 8'.52' 52 " East; thence North 15° 34' 26" Rest 30.22. feet to a point; . hereinafter referred to as Point "B ", �';i' ... on a non- tangent curve concave northwesterly having a radius of 522.00 feet, said curve being concentric with and 30.00 feet. ":; northwesterly measured radially from the last mentioned curve having a radius of 552.00 feet, a radial line of said curve to `•�' said Point "B" bears South 8' 29' 41" East; thence continuing North 15° 34' 26" Rest 487.67 feet; thence North 66° 00' 00" Rest 1214.26 feet to a point, hereinafter referred to as Point "C ", on a non - tangent curve concave northwesterly having a radius of T30.00 feet, a radial line of said curve to said. point bears South 40' 57' 15" East; thence North 40° 57' 15 "-'�,- Rest 30.00 feet along said radial line to a point on a non- . tangent curve concave northvesterly'having aradius of 700.00 feet, said curve being concentric with the last mentioned curve having a radius of 73(7.00 feet; thence northeasterly • .. Page,'1 of 3 and northerly 581.58 feet along said curve having a radius of 700.00 feet through an angle of 47' 16' 12" to a point, a radial line of said curve to said point bears South. 88' 33' 27" East; thence South 88' 33' 27" East 102.52 feet along the easterly prolongation of said radial line; thence South 1' 26' 33" Nest 30.00 feet to a point herein-. after referred to as Point "A"; thence South 3' 54' 22" East 209.93 feet; thence South 16' 32' 04" East 225.96 feet; thence South 24' o4` 35" East 47.79 feet; thence South 66' 00' 00" East . 1030.00 feet; thencb North 61' O1' 55" Best 426.17 feet to a point,, hereinafter referred to as point "D" on 'a non- tangent curve concave westerly having a radius of 400.00 feet, a radial line , ..� of nald curve to said point bears North 69' 37' 38" East; thence North 69' 37' 38" Beat 30.00 feet along the north- easterly prolongation of said radial line to a point on a non- tangent curve concave westerly having a rlue of 4 ad 30.00 .. .. feet, said curve being concentric with the last mentioned curve having a radius of 400.00 feet; thence southerly and . ' southwesterly 346.40 feet along said curve through an angle of - 46' 09' 22 "; thence South 25' 47' p0" Hest 100.00 feet to the point of beginning.. EXCEPTING TMMEMW a strip of land 30 feet wide for .- road and utility purposes, lying easterly, southeasterly and southerly of the following described line- BEG INNING at the hereinabove described Point "B "; thence easterly and northeasterly 507.66 feet* along said curve hereinabove described as concave northwesterly _ having a radius of 522.00 feet through an angle of 55 43' 19 thence North 25' 47' 00" East 200.00 feet to the beginoing of said curve hereinabove described an concave . westerly having a radius of 400.00 feet; thence northeasterly and northerly 322.23 feet along said turve through an angle t. of 46' o9' 22" to the hereinabove described Point ALSO EXCEPTING TBEEtMTM a strip of land for road and W. ' 'utility purposes, lying northwesterly and northerly of the following described line: BEGINNING at the hereinabove described Point "A "; thence _ North 88' 33' 27" Nest 58.88 feet to the beginning of a curve concave southeasterly having a radius of 15.00 feet; thence, westerly and southwesterly 22.66 feet along said curve - through an angle of 86' 32' 13" to the beginning of a - reverse curve hereinabove described as concave northwesterly..." haring a radius of 730:00 feet, a radial line to said point:`: bears North 85' 05' 4G" Hest; thence southerly and south -:., westerly 562.39 feet along said curve through an angle_ of . 44' 08' 25" to hereinabove described-Point "C ". '.: i'• -.; `. SUBJECT TO: s� Current taxes and assessments .•, b Easements, rights of way asd other matters of record, .' or apparent. . ..Page 2o3 C� This conveyance is made and accepted upon and subject to the following conditions, which shall operate as conditions subsequent, and shall apply to and bind the grantee and its successors and assigns and all other persons acquiring any interest in said property: That said real property shall be maintained and used by said grantee, its successors and assigns, as a public park. Grantee may also use said real property as a site for the con- struction and maintenance of a fire station, a public library, and a ccrosmn- ity center building for cultural end recreational purposes in addition to its use as .a. public park. That said real property shall be maintained and used by the grantee, . its successors and assigns, for no other use or purpose e:mept by and with the consent and approval of the grantor or its successors and assigns in writing first had and obtained. f Should the grantee, or its successors and assigns, cease to use said property, or any part thereof, for the purposes hereinabove specified, ` or should attempt to use said property, or any part thereof, for any other 1 purpose, except by and with the prior written consent and approval of the grantor or its successors and assigns, or should the grantee, or its successors and assigns, default in or breech any of the conditions hereinabove set forth, 'then said property, and the whole thereof, shall, revert to the grantor, its 0 0 EXHIBIT °B" EXHIBIT B A That certain parcel of land in the City of Newport Beach, County of Orange, State of California being all of Parcel 1 as shown on a map filed in Book 58, Page 21 of Parcel Maps in the office of the County Recorder of said County and a portion of Block 52 of Irvine's Subdivision as shown on a map recorded in Book 1, Page 88 of Miscellaneous Record Maps in the office of said Recorder, more particularly described as follows: Beginning at the most northerly corner of said Parcel 1, said corner being in a curve in the centerline of Vista Del Oro as shown on said map, concave westerly and having a radius of 430.00 feet, a radial from said corner bears South 69 °37'38" East; thence along the northwesterly boundary of said parcel the following courses: South 69 °37'38" West 30.00 feet; thence South 61 °01'55" West 163.50 feet; thence leaving said boundary South 61 °01'55" West 63.50 feet; thence South 28 °58'05" West 55.50 feet; thence North 61 °01'55" East 26.83 feet to the most southerly westerly corner of said parcel; thence along the boundary of said parcel the following courses: South 28 °58'05" East 76.00 feet: thence North 61 °01'55" East 155.96 feet to a point, said point being 30.00 feet westerly of the centerline of said Vista Del Oro, a radial from said point bears South 89 °36'00" West; thence radially North 89 °36'00" East 30.00 feet to said centerline; thence along said centerline and said curve 149.89 feet through a central angle of 19 158'22" to the Point of Beginning. B That certain parcel of land described in a certain License Agreement dated February 1, 1978 between the City of Newport Beach and the Newport-Mesa Unified School District as shown on Exhibit B -1 attached hereto and incorporated herein by reference. Subject to the terms and conditions of the License Agreement. EXHIBIT "B -1" 0 0 0 CITY OF 1 7— Vi' P 0 F7,T BEAUH PUCILIC WO!'ll's DElDrMT041:NT X,DD17XCVV 7D 4'0)1�: C/- Ln ID b) PLULIC WOR59 INNIX10"', Rr.. No. NO. 0 0 EXHIBIT °C" AV 71 r�y9ev, i;N t �/I P,N. 3A/9• 1 �. i. a EXHIBIT "C -1" U rl -or�rz PLAN FT 111CUIOMa Cem III 00 'ag, Cc M i _fs 4V. 44, --.j--- - --- klI7G1151! �;.. fl il 11 -� I I 1y WILLARD I JORINVI 9FIC11111cl I ci.t.jr:) or -mf u/\P)OR APfA • NrWPOVT 15EACII F)PANCII • FAS-I- r-)I-LJFF- - klI7G1151! �;.. -� I I 1y WILLARD I JORINVI 9FIC11111cl I ci.t.jr:) or -mf u/\P)OR APfA • NrWPOVT 15EACII F)PANCII • FAS-I- r-)I-LJFF- - i ., ® 0 EXHIBIT "D" City of Newport Beach /Boys & Girls Club Of The Harbor Area 1998 Lease Attachment EXHIBIT "D" I . Short Term Improvements /Repairs 1. One minor superficial crack in the exterior stucco at the southeast exists at the gym. Action: Crack to be filled when exterior of building is painted. To be completed by 6/30/99. 2. Exit doors at the gym exit as noted need hinge repair. Action: Exit doors to operate smoothly by 8/31/98. 3. Mechanical ductwork on the west roof needs to be reconnected and sealed. Action: Repairs to be completed by 8%31/98. 4. Conference room showing signs of roof leakage. Action: Investigate and repair by 9/30/98. 5. Broken or missing Mansard roof tiles to be replaced and cap flashing on the upper front parapet to be repiastered and sealed. Action: Repairs to be completed by 9/30/98. 6. Roof drain at the southeast comer of gym roof raised and resealed as necessary. Action: Repairs to be completed by 6/30/99. 7. Roof drains on the east wall to be extended. Action: Repairs to be completed by 9/31198. 8. All roof drains will be inspected and cleaned every October 1St, January 1St and April 1St. Action: All drains will be cleaned by 8/31/98. 9. Color coating stucco or painting of exterior of building. Action: To be completed by 6/30/99. x=. Long Term Improvements /Repairs Lessor and Lessee shall annually perform a joint inspection of the Recreation Facilities by July 15th of each year to determine repairs and maintenance to be done in the succeeding year. Repairs of long term capital improvements such as roof replacement, gym floor replacement, heating or plumbing systems replacement, or other long term improvements over $2,500.00, may be scheduled by Lessee to be done in Lessee's following budget year. f: \cat\ag\boy &g irls\exhibitC, doc 9 BOYS CLUB OF THE HARBOR AREA, INC. GENERAL ACCOUNT W✓ 714642 -2245 P. O. BOX 10297 . COSTA MESA, CA 92627 . . 0 CALIFORNIA STATE E K 1101 DOVE STREET NEWPORT SEACN, CA 99880 28265 _903788/1D09 6/30/96 c�J item * 23 • lure 22, 1998 :.iii (, i,:',: COMMUNITY SERVICES DEPARTMENT CITY OF N�:'iPCR BEACH Arts & Cultural — Library — Recreation - Seniors JUN 2 2 !LA To: Mayor & Members of City Council f,N,r2 C -13W From: LaDonna Kienitz, Community Services Director /City Lib Re: Boys & Girls Club Eastbluff Lease Agreement RECOMMENDATION Approve the lease between the City and the Boys and Girls Club of the Harbor Area for the joint utilization of the facility at 2555 Vista del Oro in Eastbluff Park, from July 1, 1998 through June 30, 2023. BACKGROUND The lease has been drafted by the City Attorney's office incorporating the "General Concepts for New Agreement," approved by the City Council on May 26, 1998. The Board of Directors of the Club have reviewed and approved the document. The original agreement with the Boy's Club of the Harbor Area was entered into in 1971 for lease of a site "to be used for construction of a recreation center in Eastbluff Park." An amendment to the lease was made in 1973 to increase the size of the site to permit the construction of a full -size gymnasium. In 1978, a license agreement was concluded between the City and Newport-Mesa Unified School District, for encroachment into the District property, permitting the construction of outdoor basketball courts. Major provisions of the new lease include: I. Term July 1, 1998 — June 30, 2023. 2. Lease payment of $1 per year by Club. 3. Payment of all utility costs by Club 4. Use of the facility by the City during specified periods. 5. Club responsibility for maintenance and repairs of facility. 6. Office space and storage for each agency in the facility. Club officers and City staff have worked together cooperatively to provide for maximum use of the facility and maximum service to the Community. Attachment: Lease Agreement E June 22, 1998 • Agenda Item No, 23 • LEASE (BOYS' AND GIRLS' CLUB) Eastbluff Park THIS LEASE, made and entered into this _ day of , 1998, by and between the CITY OF NEWPORT BEACH, a chartered municipal corporation (hereinafter referred to "Lessor"), and the BOYS' AND GIRLS' CLUB OF THE HARBOR AREA (hereinafter referred to as "Lessee "). RECITALS A. The City of Newport Beach holds title to the Eastbluff Park under a Grant Deed from The Irvine Company dated May 17. 1965 as Document No. 11760 in Book 7522, pages 161 -166 inclusive, Official Records of Orange County. A copy of said Deed, designated as Exhibit "A", is attached hereto and incorporated herein by reference. B. Lessee is a non -profit corporation organized under Title 12, Part 4, Division 1 of the Civil Code of the State of California, for the principal purpose of constructing, operating and maintaining recreational centers for boys and girls. C. Lessee and Lessor entered into a 25 year lease for a portion of the Eastbluff Park on June 30, 1971 (hereinafter referred to as "1971 Lease "). The 1971 Lease expired on June 30, 1996. Lessee held over under the terms of the 1971 Lease on a month -to -month basis since the 1971 Lease expired. D. Over the term of the 1971 Lease, and pursuant to its terms, improvements were constructed on the site including a recreation building, a gymnasium and outside basketball court (hereafter referred to as "Recreation Facilities "). Lessee desires to enter into another 25 year lease with Lessor for the Eastbluff Park site and the 1 • • Recreation Facilities, all as more particularly described on Exhibits "C" and "C -1" (collectively referred to herein as "the Premises "), and Lessee is willing to lease the Premises on the terms and conditions set forth in this Lease agreement. E. It is the intention of Lessee to continue to operate an athletic and educational program which among other things will train boys and girls in such subjects as handicrafts, citizenship, sports and sportsmanship. The Recreation Facilities will be available to children regardless of their place of residence. In addition, recognized church, civic and youth groups will be allowed to use The Premises when they are not in use by members of the Boys' and Girls' Club in accordance with the rules and regulations which have been approved by the City Manager. F. In consideration of the Lease, Lessee is willing to be responsible to maintain the Premises and furnish the necessary trained personnel to operate the Boys' & Girls' Club and programs. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS hereinafter set forth, it is agreed as follows: 1. DESCRIPTION OF LEASED PREMISES Lessor hereby leases, and Lessee does hereby accept a lease of the property hereinafter described in Exhibit "B" and as shown on Exhibit "C" attached hereto. 2. TERM The term of this Lease shall be for a period of twenty-five (25) years, commencing on the 1't day of July, 1.998 and terminating on June 30, 2023 unless • F ! • • sooner terminated as provided for in this Lease. 3. CONSIDERATION The consideration for this Lease shall be the payment of rent, Lessee's agreement to construct long term improvements as described in paragraph 7; the continued maintenance and operation of the Premises for the term of the Lease at no cost to Lessor; the commitment of Lessee to operate the facility as a boys' and girls' club as provided in paragraph 5; and the right of Lessor to utilize the facility as provided in paragraph 6. 4. RENTAL Lessee shall pay to Lessor, and Lessor shall accept as rent for the :Premises, the sum of One. Dollar ($1.00) per year. 5. USE Lessee shall use the Premises, to manage and operate a boys' and girls' club to instruct children of all ages in athletics, handicrafts, and sportsmanship. Lessee shall operate and manage the Boys' & Girls' Club in a mariner which does not violate State or Federal discrimination laws. Lessee shall make all services, programs and facilities available to the public on fair and reasonable terms. 6. SHARED USE OF RECREATION FACILITIES A. Use of the Premises shall be shared between Lessor and Lessee on the following basis: 111 111 • % 111 3 (i) Monday — Friday (a) 8:00am — 2:30pm Sept 1 —Jun 15 Exclusive Use of City, with the following exceptions: Fridays — Club Use begins at 11:00am Wednesdays — (Sept 1 — Nov 30 only) Club Use begins at 1:30pm Jun 16 —Aug 31 Exclusive Use of Club (b) 2:30pm - 6:30pm All Year Exclusive Use of Club (c) After 6:30pm Nov 1 —Apr 1 Exclusive Use of Club Apr 1 — Oct 31 Shared Use by City and Club (ii) Saturday and Sunday — All Day All Year Exclusive Use of City B. Both Lessor and Lessee shall have access to the Premises including keys for entrance into the Recreation Facilities. Lessee and Lessor shall each maintain a list of authorized personnel who have access to or possession of keys for access to the Recreation Facilities. City's use of the Recreation Facilities shall be for use as a community center or recreation center by the City's Community Services Department. However, Lessor agrees not to schedule use by co- sponsored groups with programs that compete with Lessee's Boys' & Girls' Club programs without mutual agreement of the parties. C. The parties shall cooperate in scheduling the use of the Premises in good faith and in a manner which maximizes use of the Recreation Facilities. All conflicts in scheduling for use of the Recreation Facilities which are not resolved by the 4 E 0 Community Services Director shall be determined by the Parks, Beaches and Recreation Commission. D. Lessor and Lessee shall each maintain separate office space and storage within the Recreation Facilities. Lessor shall be responsible for security of all equipment and supplies maintained in Lessor's designated office and storage space. 7. CAPITAL IMPROVEMENTS A. Lessee agrees to construct on the Premises those improvements and repairs described in Exhibit "D ", attached hereto and incorporated herein by reference. Construction of improvements and repairs shall be commenced and diligently completed in accordance with the schedule provided in Exhibit "D ". B. If any long term improvement described on Exhibit "D" is completed on or after July 1, 2013 and the useful life of the improvement is longer than the remaining term of this Lease, and the Lease expires and is not renewed, Lessor agrees to pay to Lessee the pro -rata share of the cost of the improvement. The Lessor's share is calculated by dividing the remaining useful life of the improvement as of the expiration of this Lease by the original useful life of the improvement. C. Lessee shall be required to obtain, prior to commencing the construction of any long term improvements, all permits, licenses or approvals that may be required. D. No long term improvements shall be erected or maintained on the Premises unless and until plans, specifications, and structural improvements have been approved, in writing, by Lessor. E. 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, 0 0 alteration or installation of any structure, capital improvement, equipment or facilities on the Premises and from the costs of defending such claims, including reasonable attorney's fees. Lessee shall not suffer or permit to be enforced against the Premises, or any part thereof, any mechanic's, materialmen's, contractor's or subcontractor's liens arising from, or any claim for damage growing out of, the work of any construction, repair, restoration, replacement or improvement or any other claim or demand arising from Lessee's operations under this Lease. In the event any lien or stop notices imposed or recorded on the Premises as a result of the construction, repair or alteration of the facility, Lessee shall pay or cause to be paid all such liens, claims or demands before any action is brought to enforce the same against the leased Premises. Notwithstanding anything to the contrary contained in this paragraph 7E, if Lessee shall in good faith contest the validity of such lien, claim or demand, then Lessee shall, at its expense, defend itself and Lessor against the same and shall pay and satisfy any adverse judgment that may be rendered thereon, before the enforcement thereof against Lessor or the Premises upon the condition that if Lessor shall require, Lessee shall furnish to Lessor a surety bond satisfactory to Lessor in an amount equal to such contested lien, claim or demand indemnify Lessor against liability for the same and holding the leased Premises free from the effect of such lien or claim. F. Before the commencement of any work or construction of any building structure or other improvement on the Premises, or of any substantial repairs, alterations, additions, replacement or restoration, in or about the Premises, Lessee shall give Lessor advanced written notice which specifies the nature and location of the .intended work. Lessee shall coordinate with Lessor for the scheduling of any work so • that the work does not excessively burden Lessors use of the Premises. M 0 0 8. TIME OF OPERATIONS Lessee shall keep the Premises open for use during the periods set forth in Paragraph 6 and shall not substantially alter the type of services provided or facilities offered, without first obtaining the written approval of the City Manager. 9. BUSINESS ACTIVITIES Lessee shall not grant any concession, license, permit or privilege for the conduct of any business or other operation for profit on the Premises without the prior approval of the City Manager. 10. UTILITIES AND TAXES Lessee shall promptly pay for all utility services furnished to it and shall pay before delinquent any general and special taxes or assessments or other governmental charges, if any, which may be levied on the Premises or improvements thereon, or any possessory interest therein arising out of or based upon the leasehold interest throughout the term hereof, or may be imposed upon Lessee as a result of its operations under the Lease. Satisfactory evidence of such payments shall be delivered to Lessor within seventy-two (72) hours of a written request for such information. 11. INSURANCE Without limiting Lessee's indemnification of Lessor, Lessee shall provide and maintain at its own expense during the term of this Lease policies of liability insurance of the type and amounts described below and satisfactory to Lessor. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with Lessor, prior to execution • of this Lease and current certification of coverage shall be provided throughout the terms of this Lease. Except for workers compensation, all insurance policies shall add 7 0 0 Lessor, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Lessee's operations under this Lease. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Bests Key Rating Guide: unless otherwise approved by the City Risk Manager. A. Worker's compensation insurance covering all employees of Lessee, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Lease, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Lessee in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Fire and extended coverage for not less than ninety percent (90 %) of the cost of replacement of all insurable improvements on the Premises. Except for worker's compensation, the policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to Lessor. Lessee shall give Lessor prompt and timely notice of claim made or suit instituted arising out of Lessee's operation 0 0 0 hereunder. Lessee shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Lessee agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Lessee shall look solely to its insurance for recovery. Lessee hereby grants to Lessor, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Lessee or Lessor with respect to the services of Lessee herein, a waiver of any right of subrogation which any such insurer of said Lessee may acquire against Lessor by virtue of the payment of any loss under such insurance. 12. HOLD HARMLESS • A. Lessee shall indemnify, defend, save and hold harmless Lessor, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Lessee, its employees, agents or subcontractors in the operation of the Boys' & Girls' Club and use of the Premises pursuant to this Lease. B. Lessor shall indemnify, defend, save and hold harmless Lessee, its officers and employees, from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property 0 damages, or any other claims arising from any and all negligent acts or omissions of 0 0 Lessor, its employees, agents or subcontractors in the use of the Premises pursuant to this Lease. 13. MAINTENANCE OF LANDSCAPING AND IMPROVEMENTS A. Lessee to Maintain All Landscaping Buildings and Improvements Lessee covenants and agrees that during the term of this Lease it will, at its own cost and expense, maintain the grounds, landscaping, Recreation Facilities, equipment and furniture, in good order and repair and _ in clean, orderly, safe and sanitary condition. As part of required ongoing maintenance, Lessee agrees to paint interior Recreation Facilities every five (5) to seven (7) years. Lessee covenants and agrees that the westerly ten (10) feet, the southerly ten (10) feet, and the northerly five (5) feet of the Premises as described in Paragraph I, above, will be used solely and exclusively for pedestrian walks and landscaping. Lessee shall provide and maintain parking for the Premises in compliance with Use Permit 1503 Lessee shall be responsible for the repair of any damage caused by its members or their invitees. Whenever the Premises are used by Lessor, Lessor shall be responsible for cleaning of the Premises after its use and for the repair of any damages occurring during use by Lessor, or its invitees. B. Lessor May Elect to Repair and Maintain at Expense of Lessee If, in the judgment of the Lessor, such standards of maintenance and repair are not being maintained, it may at its option, after written notice thereof to the Lessee and Lessee's failure to commence in good faith to remedy the same within the time herein provided and thereafter diligently prosecute the same to completion, elect to correct any deficiency, whether it be in reference to grounds, landscaping, building or 10 • i improvements. Lessee covenants and agrees to pay to the Lessor on demand any and all sums expended by it in correcting any such deficiency together with interest at the legal rate. If, in the judgment of the Lessor, the disrepair or lack of maintenance constitutes an emergency, the notice herein provided shall be a 24 -hour notice to remedy; in all other cases it shall be a 5 -day notice. C. Lessor's Right of Inspection In addition to Lessor's rights to use the Premises as provided in this Lease, Lessor reserves the right by its authorized agents, employees or representatives to enter the Premises upon forty-eight (48) hours advance notice, to inspect the same or any part thereof at any time to attend to or protect the Lessor's interest under this Lease. • D. Compliance with Laws. Ordinances and Regulations Lessor and Lessee covenant and agree to comply with all rules, regulations, statutes, ordinances and laws of the State of California, County of Orange, the City of Newport Beach, or any other governmental body or agency having lawful jurisdiction over the Premises or the business, enterprises, or activities conducted. thereon. 14. ASSIGNMENT Lessee shall not assign, transfer, sublease, mortgage, hypothecate or give any grant of control of this Lease or the Premises, or any part hereof, either voluntarily or involuntarily, unless first approved by the City Council. 15. 0 If during the term hereof any building or improvement erected by Lessee on the Premises, or any part thereof, shall be damaged or destroyed by fire or other 11 0 0 casualty, Lessee shall, at its cost and expense, repair or restore the same according to the original plans thereof, or, at Lessee's option, Lessee may elect to replace such building or improvement, provided that if Lessee so elects, Lessee shall obtain the approval of Lessor of the proposed architectural plans. Any such work of repair, restoration or replacement shall be commenced within one hundred and eighty (180) days after the damage or loss occurs and shall be completed with due diligence, but not longer than one (1) year after such work is commenced unless delay is caused by events beyond the control of Lessee. If Lessee does not wish to repair or .rebuild the improvements, it may terminate this Lease by giving Lessor written notice of termination, and if Lessee chooses to terminate the Lease it shall be obligated to completely clear and restore the building site to its original condition. 16. DEFAULT AND TERMINATION OF LEASE • A. Default Time and each of the terms, covenants and conditions hereof are expressly made the essence of this Lease. If the Lessee shall fail to comply with any of the terms, covenants, or conditions of this Lease, including: Premises; 1. Failure of Lessee to keep current on all utility payments for the 2. Failure of Lessee to keep the Premises in good order and repair and to keep it in a neat, clean, orderly, safe and sanitary condition; 3. Failure of Lessee to provide the long -term capital improvements as identified in Paragraph 7 and Exhibit "D "; 0 12 0 0 9 4. The failure to make payment of rent at the time and in the amount herein required; 5. Failure to provide certificates of insurance evidencing insurance coverage as required in paragraph 11 of this Lease; and shall fail to (1) remedy such default within thirty (30) days after service of a. written notice from Lessor to do so, if the default may be cured by. the payment of money or, (2) commence in good faith to remedy any other default within thirty (30) days and thereafter diligently prosecute the same to completion or, (3) if Lessee shall abandon or vacate the Premises, then Lessor may, at its option and without further notice or demand, terminate this Lease and enter upon the Premises and take possession thereof, and remove any and all persons therefrom in the appropriate manner provided by law. B. Surrender of Possession upon Termination Lessee covenants and agrees that upon the expiration or sooner termination of this Lease, the Lessee will peaceably surrender the Premises with all buildings and improvements, in the same condition as when received or constructed, excepting reasonable use and wear thereof, and damage by fire, act of God, or by the elements. The Recreation Facilities and all other improvements built, constructed or placed upon the Premises by the Lessee, or anyone holding by, under, or through it, shall remain on the Premises and become the property of the Lessor without any cost to Lessor upon the termination of this Lease, whether by lapse of time or by reason of default, unless the Lessee elects to remove said improvements within sixty (60) days following the expiration or termination of this Lease. The provisions of this section shall 13 0 0 be effective upon expiration or termination of this Lease regardless of whether Lessee holds over under the provisions of section E, below. C. Remedies Cumulative The rights, powers, elections and remedies of the Lessor contained in this Lease shall be construed as cumulative and no one of them shall be considered exclusive of the other or exclusive of any rights or remedies allowed by law, and the exercise of one or more rights, powers, elections or remedies shall not impair or be deemed a waiver of Lessor's right to exercise any other. D. No Waiver No delay or omission of the Lessor to exercise any right or power arising from any omission, neglect or default of the Lessee shall impair any such right: or power or shall be construed as a waiver of any such omission, neglect or default on the part of the Lessee or any acquiescence therein. No waiver of any breach of any of the terms,covenants, agreements, restrictions or conditions of this Lease shall be construed as a waiver of any succeeding breach of the same or of any of the terms covenants, agreements, restrictions or conditions of this Lease. E. Holding Over It is mutually agreed that if the Lessee shall hold over after the expiration of this Lease for any cause, such holding over shall be deemed a tenancy from month -to -month only, and upon the same terms, conditions, and provisions of this Lease. 17. EMINENT DOMAIN In the event the whole or part of the property or improvements is 14 C • condemned by a public entity in the lawful exercise of the power or 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. (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 bound by the terms, covenants and conditions of this Lease. Lessee shall give notice in writing of his election hereunder, within thirty (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 portion of the property by exercise of eminent domain. Lessee shall be entitled to receive and shall receive all compensation for the condemnation of all or any portion of the improvements constructed by Lessee on the Premises by the exercise of eminent domain. 18. NOTICES It is mutually agreed that any notice or notices provided for by this Lease 15 10 or by law, to be given or served upon the Lessee, may be given or served by mail, registered or certified, with postage prepaid, and if intended for the City of Newport Beach, addressed to the City Manager,P.O. Box 1768, Newport Beach, California 92659, or at such other address as may be hereafter furnished to the Lessee in writing, and if intended for the Lessee, addressed to its Executive Director, at 2131 Tustin Avenue, Costa Mesa, California, or at such other address as may be hereinafter furnished to the Lessor in writing; or it may be served personally upon any corporate officer of Lessee or person charged with general maintenance responsibilities in connection with the Premises; and that any notice or notices provided by this Lease or by law to be served upon Lessor may be served personally upon the Mayor of the City of Newport Beach or the City Clerk of the City of Newport Beach. Such service shall be deemed complete at the expiration forty-eight (48) hours from and after the deposit in • the United States mail of such notice or demand or communication. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first above written. LESSOR: CITY OF NEWPORT BEACH By: Thomas C. Edwards Mayor 0 APPROVED AS TO FORM AND CONTENT Robin L. Clauson Assistant City Attorney [signatures continued on next page] 16 0 E 0 ATTEST: City Clerk LESSEE: f:\caflag\ boys &girls\LeaseFina1061898.doc 17 n U BOYS' & GIRLS' CLUB William A. Welch President John R. Houten Treasurer E EXHIBIT "A" 11 n 0 11 DEED To ISVDIE COMPIVNI, a corporation organized and existing under the laws of the State of Hest Virginia, does hereby.great to the CITY OF NEWPORT BEACH, a municipel.corporstion organised and existing in the State of Californian under and by virtue of a charter duly ratified and approved, without monetary` :consideration, and upon and subject to the conditions hereinafter set forth,:'�:,' the real property in.the City of Newport Beach, County of Orange, State of ..'i- California, together with the trees, shrubs, landscaping and other. Improvements thereof, described as follows: That portion of Block 52 of Irvine's Subdivision in the City of;,;(,�•,:,;;.: .'•...•.'. Newport Beach,, County of Orange, State of California, ae per map re +.•,yl, ?'r..�.;•:.. �,',''•�`" •corded in Book 1, page 88 of Hiecellaneoue Rotor& Maps in the office :;, °.r•_; :. ;.`of, '. a the County Recorder of said County, described as follows: BEGINM3MO at the intersection of the centerline Of Vista ';': •:'. �,. del Oro, 60 feet wide, with the centerline of Vista del Sol, :'.. 130 feet wide, as.said intersection is shown on a map of :jt Tract No 5463 recorded in Book 195, Pagee41 to 44 inclusive i;'. of Miscellaneous Maps, records of said County: thence South 25. 47' 00" Hest 100.00 feet along said centerline of Vista del Ora i,r':•:::. to the beginning of a 'curve concave northwesterly having a radius_,(.. ?' at 552.00 feet; thence southwesterly and westerly 533.11 feet .•.'' along 'said curve through an angle of 550 20' 08" to a point on:':;;�:, ' a non- tangent line, a radial line of said curve to said point ;;, ^,;i; %.•_, tears South 8'_52' 52" Best; thence North 15` 34' 26" west " 30.22,feet to a 'point; hereinafter referred to as point "B ", on a non- tangent curve concave northwesterly having a radius `t;,t:�-s,`s.•'' of 522..00 feet, said curve being concentric with and 30.00 feet • northwesterly measured radially from the last mentioned curve having a radius of 552.00 feet, a radial line of said curve ' said Po1ft "B" bears South 8' 29' 41" East; thence continui ;:,';.;� North 15. 34' 26" Hest 487.67 feet; thence North 66 00' 00" .. .' Hest 1214.26 feet to a point, hereinafter referred to as • Point "C ", on a non - tangent curve concave northwesterly having a radius of 730.00 feet, a radial line of said curve to said,:: point bears South 40' 571 15" East; thence North 40' 57' 15 ""t�'��,•,��:' . Hest 30.00 feet along said radial line to a point on a non- .:';.:; :?';:.;:;�•. tangent curve concave northwesterly having arsdius of 700.00'° . feet, said curve being concentric with the last mentioned . curve having a radius of 730'.00 feet; thence northeasterly• •' . Y • , Pagel of 3 f. . sz lq and northerly 581.55 feet along said curve having a radius of 700.00- feet through an angle or 47' 161 12" to a point, a radial line of said curve to said point bears South. 88' 331 27" East; thence South 88' 331 27" East 102.52 feet along the easterly prolongation of said radial .. .. line; thence'South 1' 26' 33" Nest 30.00 feet to a point Herein- ' .. .• after referred to as Point "X'; thence South 3' 541 22" East - "'�" 20 feet; thence South 16' 21.04" East 22 3 5.96 feet; thence •• South 041 " 35 East 47.78 reef; thence South 66' ODI 00 East . 1030.00 feet; thence North 61' oil 5511 East 426.17 feet to a point,.. hereinafter referred to as Point "D" an's non- tangent curve concave westerly having a radius of 400.00 feet, a radial line of said curve to said point bears North 69' 37' 38" East; ''' •'` thence North 69' 37' 38" East 30.00 feet along the north - ;• easterly prolongation of said radial line to a point an a ..�;'���'� non - tangent curve concave westerly having a radius of 430.00 • " 'feet, said curve being concentric with the last mentioned ' curve having a radius of 400.00 feet; thence southerly and .- ' southwesterly 346.40-feet along said curve through an angle of ::.. 46' o9' 22 "; thence-South 25' 471 PG" West 100.00 feet point 'of beginning.. - • B=Pr= THEREFROM a strip of land 30 feet vide for road and utility purposes, lying easterly, southeasterly :. ''.:�'; •• and southerly of the following described line: . �''`•��_ f -L:„, BEGINNING at the hereinabove described Point "B "; •!,`'''::: thence easterly and northwesterly 507.66 feet•along said curve hereinabove described as concave northwesterly: haviog a radius of 522.00 feet through an angle of 55' - 43' 19 "; thence North 25' 471 00" East 200.00•feet to the beginning of said curve hereinabove described as concave westerly having a radius of 400.00 feet; thence northeasterly;:`;;.,: , :,;.::;:.� . �,- and northerly 322.23 feet along said move through an angle,, of 46' 01 22" to the hereinabove described Paint "D ". ,...,`:.:;.., ALSO EXCEPTING TBFRFl1'BOM a strip of lend for road . : • .' • utility purposes, lying northwesterly and northerly of the - following described line: - BEGIN m at the hereinabove described Point "A "; thence North 88' 331 27" A6st 58.85 feet to the beginning of a curve .:,'/,:: •.:: .:'.. . . • ". .�;7. •':. --�•.: concave southeasterly having a radius of 15.00 feet; thence.•r;:;•�:::..'..,: .;:,'C. westerly and southwesterly 22.66 feet along Bald curve �,•'- .. ::��.:_• .through an angle of 86 32 13 to the beginning of a ..- . reverse curve hereinabove described m concave northwester' .. •: haying a radius of 790:00 feet, a radial line to said point :... ....... .::':' bears North 85' 051 40" Amt; thence southerly and south -:,. westerly 562.39 feet along Bald curve through on angle. of - :- .L:s:''•• 44. 051 25" to hereinabove described-point "C ". . > SUBJECT T0: ':, ,.: •. ' a} Current teams and assessments ' .;,- b Easements, rights of way and other matters of'rea Ord , ?:....;'�, ' or apparent. "1 "_ °. .. Page 2 of 3 v x. This conveyance is made and accepted upon and subject to the following conditions,'vhich shall operate as conditions subsequent, and shall apply to and bind the grantee and its successors and assigns and all other . persons acquiring any interest In said property: That said real property shall be maintained and used by said ' grantee, its successors and assigns, as a public park. .. Grantee may also use said real property as a site for the con - struction and.maintenance of a fire station, a public library, and a eommua- ity center building for cultural and recreational purposes in addition to •: Its use as.a. public perk. That said real property shall be maintained and used by the grantee,.. . Its successors and assigns, for no other use or purpose except'by.and with ".'. the consent and approval of the grantor or its successors and sea Lim s in ' writing first had and obtained. •..r . Z1 E EXHIBIT "B" 0 2? 0 EXHIBIT B r1 LJ A That certain parcel of land in the City of Newport Beach, County of Orange, State of California being all of Parcel 1 as shown on a map filed in Book 58, Page 21 of Parcel Maps in the office of the County Recorder of said County and a portion of Block 52 of Irvine's Subdivision as shown on a map recorded in Book 1, Page 88 of Miscellaneous Record Maps in the office of said Recorder, more particularly described as follows: Beginning at the most northerly corner of said Parcel 1, said corner being in a curve in the centerline of Vista Del Oro as shown on said map, concave westerly and having a radius of 430.00 feet, a radial from said corner bears South 69 03738" East; thence along the northwesterly boundary of said parcel the following courses: South 69 03738" West 30.00 feet; thence South 61 °01'55" West 163.50 feet; thence leaving said boundary South 61 °01'55" West 63.50 feet; thence South 28 °58'05" West 55.50 feet; thence North 61 °01'55" East 26.83 feet to the most southerly westerly corner of said parcel; thence along the boundary of said parcel the following courses: South 28 °58'05" East 76.00 feet: thence North 61 °01'55" East 155.96 feet to a point, said point being 30.00 feet westerly of the centerline of said Vista Del Oro, a radial from said point bears South 89 °36'00" West; thence radially North 89 136'00" East 30.00 feet to said centerline; thence along said centerline and said curve 149.89 feet through a central angle of 19 °5822" to the Point of Beginning. B That certain parcel of land described in a certain License Agreement dated February 1, 1978 between the City of Newport Beach and the Newport -Mesa Unified School District as shown on Exhibit B -1 attached hereto and incorporated herein by reference. Subject to the terms and conditions of the License Agreement. 0 EXHIBIT "B -1" �.J 11 1,71- 11 *1 0 0 D, VGA 5th. C I—j'y Q':, 1 17 V�! TPOR7 BE-ACH PUBLIC V,1ORKS DEPARTM.ENT ADZ.W;L�241 76) 0 All 7-1-�0,6 UAII AFTROVI D - --- ......... - ----- - pol.3-1c. WORKS IINUIX)OR DRAWINC, NO. 25 N/ UAII AFTROVI D - --- ......... - ----- - pol.3-1c. WORKS IINUIX)OR DRAWINC, NO. 25 11 EXHIBIT "C" 11 r E 11 Me s r ell u�ZZ, s � • 83 i. ons PM ,99/9• ! t� 1 r EXHIBIT "C -1" 11 11 9s I'LOJR PLAN 1 .1 fl. 15 F T tz f—q 0-3 tj I Olt " F �p F1 n(D C (ty I! 1!�A5 I UK 14'. sTOawge (�AMts 41'.44' rnmeoa rnarn u_ -wE 'gt- . 17 IwrtI 7NT –104 — I TC I L DO, 2. '.?D WILLARD I Joamll-MMItcl I I I r--.)OY'5 CLUES or THE HAV-bOV AREA • NEWPORT MACH P312ANCP - EAU bLUI=f 0 U EXHIBIT "D" 11 11 11 ter) • City of Newport Beach /Boys & Girls Club Of The Harbor Area 1998 Lease Attachment EXHIBIT " D" I . Short Tenn Improvements/Repairs 1. One minor superficial crack in the exterior stucco at the southeast exists at the gym. Action: Crack to be filled when exterior of building is painted. To be completed by 6/30/99. 2. Exit doors at the gym exit as noted need hinge repair. Action: Exit doors to operate smoothly by 8/31/98. 3. Mechanical ductwork on the west roof needs to be reconnected and sealed. Action: Repairs to be completed by 8131198. 4. Conference room showing signs of roof leakage. Action: Investigate and repair by 9/30/98. 5. Broken or missing Mansard roof tiles to be replaced and cap flashing on the upper front parapet to be replastered and sealed. Action: Repairs to . be completed by 9/30/98. 6. Roof drain at the southeast corner of gym roof raised and resealed as necessary. Action: Repairs to be completed by 6/30/99. 7. Roof drains on the east wall to be extended. Action: Repairs to be completed by 9131/98. 8. All roof drains will be inspected and cleaned every October 1st, January lot and April 1st. Action: All drains will be cleaned by 8/31/98. 9. Color coating stucco or painting of exterior of building. Action: To be completed by 6/30/99. xi. Long Term Improvements /Repairs Lessor and Lessee shall annually perform a joint inspection of the Recreation Facilities by July 15th of each year to determine repairs and maintenance to be done in the succeeding year. Repairs of long term capital improvements such as roof replacement, gym floor replacement, heating or plumbing systems replacement, or other long term • improvements over $2,500.00, may be scheduled by Lessee to be done in Lessee's following budget year. f:\oat\ag\boy &girls\exhibitC.doc 31 COMMUNITY SERVICES DEPARTMENT Arts & Cultural - Library - Recreation - Seniors To: Mayor, & Members of City Council From: LaDonna Kienitz, Community Services Director /City Librarian Re: Boys & Girls Club Eastbluff Lease Agreement RECOMMENDATION L. �V Item#{ 12 May 26,T9-98. Y' - rc�n MAV 2 6 11:1_8 Approve the "General Concepts for New Agreement" as basic concepts to structure an agreement between the City and the Boys and Girls Club of the Harbor Area for the joint utilization of the facility at 2555 Vista del Oro in Eastbluff Park, from July 1, 1998 through June 30, 2023; and direct the City Manager and City Attorney to prepare a detailed lease incorporating these concepts, and return to the City Council for approval. Attached to this document is a letter from the Boys & Girls Club concurring with the "General Concepts for New Agreement." BACKGROUND In 1971, the City entered into an agreement with the Boy's Club of the Harbor Area for lease of a site "to be used for construction of a recreation center in Eastbluff Park." Additional agreements include: • October 1970. Agreement by The Irvine Company that the original deed restriction for Eastbluff Park would be met if the proposed Boys Club facility serve as a community center for the entire community as well as a Boys Club. • December 13, 1973. Amendment to Lease, to increase the size of the site to permit the construction of a full -size gymnasium. • December 19, 1997. License agreement between the City and Newport-Mesa Unified. School District, for encroachment into the District property, to permit the construction of outdoor basketball courts. The facility was constructed in 1974. The original 1971 lease to the Club was at a cost of one dollar per year for twenty-five years. It provided that the City have use of the building for City programs and as a community center at no cost to the City, and that the improvements on the site revert to the City at the expiration of the lease. The lease expired June 30, 1996. The Club has requested a new lease. In the interim the Club has continued to use the facility on a month to month tenancy. The Parks, Beaches and Recreation Commission considered the matter and voted to approve a new lease for twenty-five years with the original terms. The matter of a new lease has been heard and discussed at Harbor, Beaches and Parks and Finance Committees of the City Council. City staff and Club officials have worked together to produce a mutually agreeable list of general concepts to be incorporated into a new agreement between the City and the Boys and Girls Club. When the concepts are approved by the City Council, a formal document will be drafted and returned to the Council for approval. Attachments: 1. Tract Map 2. Floor Plan 3. General Concepts for New Agreement 4. Communication, Boys & Girls Club, May 20,1998 I I Srp O,p�F•T � r� S3 /�s3 T -/J .A' -AL 1 1 •era ti� �_ l�_� 1 1 11 k• /! P9 1 LQr3 1 B Or 4 . 0 r jo ral ,yo.3 60 +V I kQ �" �J w 0 dcL. 54 -1 ��U .� Q TRy c r �iir0 A'�e. 1 1 l; l t / t 40.1 Q - for fGs _ 3 M1 I l� f � cn �,,/�9 m FLOOR PLAN in t63 SCJ. r -T. ti.sno so.Fr. blcwrnuG cYM. aoortou 6Ltect4n24 ToRAGe 'lv 1 4T OIZPGE " sr_o2e46 1 (�� O Ol YM HASIUM vn 9e 37160 Sy f ME ET IN(L IT fey GAMES 4t'. 44' ioLtnC,E DI It E6 TOR oontm� o ana �e —�� C,iIN c &C41 I'TI F:J!AU n1 It[ene 1 III IHtt1 J I— rr� i7 /I t I® tim I I xr -ri l WILLARn T JORMU +aunRV 41 CLUB OF THE HAR6OR AREA • NEWPORT MACH bRANCU • EAST SLUFF r Boys & Girls Club Eastbluff Lease Agreement Draft — May 26, 1998 Provisions of Expired Lease - City Boys Club General Concepts for New Agreement Comments Lease provisions are proposed similar to those incorporated in the successful ongoing agreement between the City and the Newport-Mesa Unified School District for utilization of the Marion Bergeson Aquatics Center. 1. Term - 25 years, July 1, 1971 - June 30, 1996. 1. Term - Twenty-five years, beginning July 1, 1998. 2. To enable the placement of facility on the site, 2. Use of Facility— 2. City has had right to use facility but had n City requested and received agreement from Monday - Friday done so until 1997, when minimal use was The Irvine Company that the deed restrictions 8am = 2:30om undertaken for City programs. would be met if the facility were to be used as a Sept 1- June 15 - Exclusive Use of City, Community Center as well as a Boys Club: with the following exceptions: Expired lease states: "When the premises and Fridays - Club Use begins at1lam building are not in use by the Lessee, the Wednesdays - (Sept 1 -Nov 30 only) - premises and building shall be available for use Club Use begins at 1:30pm as a community center by the City Parks, June 16 -Aug 31 - Exclusive Use of Club Beaches and Recreation Department on a first - priority basis, and by recognized church, social, 2:30om - 6:30om City will not schedule use by co-sponsored cultural, civic and youth groups in accordance All Year - Exclusive Use of Club groups, as defined by Community Services with reasonable rules and regulations to be After 6:30om Department procedures, with programs established by Lessee, with the approval of the Nov 1 -Apr 1 - Exclusive Use of Club competing with Club without mutual City Manager. Apr 1 - Oct 31 - Shared use by City and agreement of the parties. "Lessee shall keep the demised premises open Club Conflicts in scheduling not resolved by staff to for use during such periods of time as may be SaturdavandSundav - All Day be determined by the Parks, Beaches and mutually agreed upon by Lessee and the City All Year - Exclusive Use of City Recreation Commission. Manager, and shall not close said premises from use or alter the type of services provided or facilities offered, without first obtaining the approval of said City Manager." Each season the parties will meet to compare schedules to maximize the use of the facility. ddak Adk A11111h Provisio x fired Lease — City / Bo s Club 3. "Lessor retains the power to exercise General Concepw New Agreement 3. Responsibility for Supervision Comments supervisory control over the use and operation • At times when the facility is used by Club, the of the leased premised by Lessee with the right Club shall be responsible for supervision, to enforce such rules, regulations and orders as public safety and control. may be necessary in order to obtain compliance • At times when the facility is used by the City, by Lessee with the terms and conditions of the City shall be responsible for supervision, Paragraph VI [Use as Community Center] and public safety and control. VII [Time of operation mutually agreed upon by . On those occasions when both parties have Lessee and City Manager]." scheduled activities, the City shall be responsible for supervision, public safety and control. 4. "Lessee covenants and agrees that during the 4. Maintenance and Repairs term of this lease it will, at its own cost and • Club assumes responsibility to keep facility in expense, maintain the grounds, landscaping, and good order *and repair, and to keep it in a all buildings, and any other improvement of any neat, clean, orderly, safe and sanitary kind or nature constructed or installed on the condition. leased premises by the Lessee, at a high standard • Club assumes responsibility for facility, of maintenance and repair. Maintenance shall equipment, tables, and chairs. include painting." • City assumes responsibility for damage °Lessee shall install and maintain landscaping caused by City programs. on the premises in accordance with the • Club assumes responsibility for all ongoing approved plan. The entire premises, including capital repairs of the facility, as identified in the building, shall be maintained in a neat and the Schedule of Capital Repairs, which orderly condition." becomes part of the agreement. • Club assumes responsibility for current required maintenance, as identified by official inspection, conducted jointly by the two parties. Provisions of Expired Lease — City / Boys Club General Concepts for New Agreement Comments 5. If, in the judgment of the Lessor, such standards 5. Modification to Facility — If Club and City 5. Future recreational needs for youth and of maintenance and repair are not being jointly decide to physically modify the facility demands for programs can change over time. maintained, it may at its option, after written during the term of the agreement, to further notice thereof to the Lessee and Lessee's failure enhance recreational programs provided to City to commence in good faith to remedy the same residents, by either the Club or the City, costs of within the time herein provided and thereafter the improvements shall be shared diligently prosecute the same to completion, proportionally. elect to correct any deficiency, whether it be in reference to grounds, landscaping, building or improvement. Lessee covenants and agrees to pay to the Lessor on demand any and all sums expended by it in correcting any such deficiency together with an equal sum as liquidated damages by reason of Lessee's failure to perform and keep this covenant. If, in the judgment of the Lessor, the disrepair of lack of maintenance constitutes an emergency, the notice herein provided shall be a 24 -hour notice to remedy; in all other cases it shall be a 5-fay notice. Item 4 above also applies to modifications. City has in past years provided additions to the functionality of the facility, e.g. the outdoor basketball court. 6. City currently does not utilize storage. 6. Storage — Each party shall maintain a separate 6. Cooperative use of facility is enhanced storage area of respective equipment. availability of storage. 7. City does not currently utilize office space. 7. Office Space — Each party shall maintain office space within the facility. 8. Not cited. City has right of inspection at all 8. Access to Facility — Club and City shall 8. Security and controlled use. times. respectively provide, at all times, a current list of individuals who hold keys to the facility. 9. Club pays utilities and maintenance. Provides 9. Operations of Facility — All utility costs, gas, 9. Payment of utility and maintenance costs access to the City without cost for utilities. electricity, water, are the responsibility of the become fees for use of facility. Club. A i Ah Provisio Ex fired Lease — City/Boys City/Boys Club General Concep4W New Agreement. Comments 10. Club is responsible for payment of $1 a year 10. Fees for Use of Facility — Payment of $1 a year plus provisions of access to the facility for City paid by Club to City. programs, without cost to the City. In consideration for execution of agreement and the assumption of the costs of utilities, the maintenance and the capital repairs by the Club, the City waives receipt of additional fees from the Club for use of the facility and the grounds. 11. Liability — $500,000 for injury or death or two 11. Hold Harmless —Club indemnifies and holds 11. Required by City Manager and City Risk or more persons. harmless the City from claims arising from the Manager. Club's use of facility. Club shall provide a "The City Manager may require an increase in minimum of $1,000,000 general liability the amount of insurance from time to time in insurance naming the City of Newport Beach as accordance with changes in economic additionally insured and provide a written conditions.' endorsement attached to the certificate of insurance. City indemnifies and holds harmless the Club from claims arising from the City's use of the facility. 12. 'Lessee agrees to comply, subject to the 12. Termination by City for Cause — City has right to 12. b. Document to include requirement for City provisions of Paragraph XVII [Insurance], with cancel agreement for cause. to give standard notice to make needed any such rules, regulations or orders. Any a. Failure of Club to keep current on all utility repairs within 90 days. breach by Lessee of the terms and conditions of payments for the facility. this paragraph, or Paragraphs VI [Use as b. Failure of Club to keep the facility in good Community Center] and VII {Time of operation order and repair, and to keep it in a neat, mutually agreed upon by Lessee and City clean, orderly, safe and sanitary condition. Manager], may be treated by Lessor as a breach c. Failure of Club to provide the long -term of condition, breach of covenant, or both, and capital repairs as identified in the Schedule shall constitute grounds for termination of this which becomes part of the agreement. Lease.' Schedule for required maintenance to be 'If the Lessee fails to comply with any of the negotiated between the parties. terms and conditions of this Lease, the Lessor may give the Lessee a notice in writing of such failure and specify therein the particular in which Lessee has failed to comply with the provisions of this Lease, the Lessor may, at its option, terminate this Lease, and all rights of the Lessee therein shall cease and terminate and the Lessee shall immediately thereafter deliver possession of the premises to the Lessor." Provisions of Expired Lease — City / Boys Club General Concepts for New Agreement Comments "Time and each of the terms; covenants and conditions hereof are expressly made the essence of this Lease. If the Lessee shall fail to comply with any of the terms, covenants, or conditions of this Lease, including the payment of rental herein reserved, at the time and in the amount herein required, and shall fail to remedy such default within thirty (30) days after service of a written notice from Lessor so to do if the default may be cured by the payment of money, or to commence in good faith to remedy any other default within thirty (30) days and thereafter diligently prosecute the same to completion or if Lessee shall abandon or vacate the leased premises, Lessor may at its option and without further notice or demand, terminate this Lease and enter upon the leased premised and take possession thereof, and remove any and all persons therefrom with or without process of law." 13. Conflicts arising from terms of the contract to be resolved by mediation or non - binding arbitration. S 0 1 0 ! :PM" sl Wgkh Pn.xnm Pa OW 7a vlp.0%mW4 NVWb AAM PreywWj' -.W mI 4w„ • kq" to WW NM fdm*, Sarouly 14NO Vhq#A iH r Wmi NkMN 6. Mbwt OOONtiO PMCObf eeeme 'pre guw, jammk"A dA,ry W71 uortxaoa• None many •pill W Wt 6 . 9M Vi �iMOlp hma Oa1"OW19" CO&W 41%m wwav EIMxr ft awrwae. fnonx l. �rwM Twee U"W War W w A N l��nlso .wv S" MRY 2P •ac no•n. The Boys & Girls Club of the Harbor Area 2 13 1 iuiGn Avg. • P.O. BOX 10297 • Costa Mesa, CA 92627 # (949) 842.2245 • PAX (949) 642.689$ 90ya 6 Glrla Cuba ?rte Prrairrve Place 101 Kds" May A 299a Mr. Kevin Murphy City Manager City of Newport Bach 3300 Newport Boulevard Newport Beach, CA 92658 Re; Lease Agrecmmt Boys A Girls Club of the Harbor Area 2555 vista del Oro Newport Beach, Califotais Dou Kevin; Pursuant to previous discussions with representatives of Community Services of the City of Newport Beach, The Boys & Girls Club of the Harbor Area, and yourself, this letter will serve to notify the City of Newport Beach that the attached outline of general concepts to be incorporated into a lease extumon agreement with the City of Newport Beach for the above referenced facility ho beer. approved by the Board of Directors of The Boys & Glrla Club of the Harbor Area. The Boys dt Girls Club of the Paabor Area look forward to a tnutuaily beneficial final agreement with the City of Newport Beach. Sittcereiy, willeam A. Qr✓eleb Presidcn , Dowd of Directors WAW :ne CC: Bond of Dj=tor3 Executive director Ce/cbraring Over 50 Vt Ors of Service to Harbor Area Youngsters BOYS CLUB V OF THE HARBOR AREA CITY OF 9 BOYS CLUB OF �;`h,Uf7 %Itt BT- H"'FII THE HARBOR AREA, INC. s P.O. Box 10297 — C Mesa, California 92627 (714) 14) 642.8372 November 3, 1982 1j Officers a ^e''. ;. Robert Insold President Dennis Osborne 1st Vice - President Harry Green 2nd Vfoe-Preefdent Erwin de Momkonyi City Clerk City of Newport Beach arlesP GrOds Secretary 3300 Newport Blvd. Ro6en G. Brigg, Newport Beach, Ca 92663 Immediate Past President Lou Yontom Executive Director Dear Sir: Directors Dave Baku Enclosed is Boys Club check number 12230, in the Eugene Baera amount of $1.00, to cover lease fee for the East Bwleigh Brewer Bluff Branch, Boys Club of the Harbor Area, in Robert the East Bluff Park. Gory Barrill John L. Cum, Jr. Liz Davies Sincerely, Fred Ellis John T. Porte, D.D.S. Dennis Harwood Frank E Hughes Eric C. Johnson % Lou Y torn Bette ncl Thomas s Li Unden Executive Director Roy McCardle Michael L Moncton Richard B. Miller LY : es Richard E. Power Dan S. Rogers David C. Rushmore Enclosure W. Richard Smith H. Newell Stickler Lawrence M. Wemer Capital Advisory Committee C. F. Undsley, Chairman Robert G. Liebman Richard 0-haver James C. Owens W. Richard Smith Friends Phil Anthony Hon. Robert E. Badham Hon. Blair T. Barnette Han. Donald Dungan James E. Haden George Hoag, I I Claire M. Nelson Dennis D. O'Neil Dudley Pfaff, M.D. Ralph Reed Bertren Smith Robert N. Weed Branch Directors David Rojo, Last Bluff Harlan Andersen, Upper Bay David Sawa, Westside Member Boys Clubs of America uall Way of Orange County, N -0e1W0 nth Remember BOYS CLUB OF THE HARBOR AREA in YouT Will Officers ROBERT O. BRIGGS President ROBERT INGOLD Ist Vice - President DENNIS OSBORNE 2nd Vice - President ERWIN de MOCSKONYI Treasurer CHARLES R. GROSS Secretary DAN ROGERS Immediate Past President LOU YANTORN Executive Director Directors EUGENE SOERO WILLIAM F. BROWN, Jr. GARY BURRILL JOHN L CURCI LII DAVIES FRED ELLIS JOHN T. FORTE, D.D.S. HARRY S. GREEN JAMES E. HADEN DENNIS HARWOOD ERIC JOHNSON WILLARD T. JORDAN BETTE LAWSON MICHAEL L MANAHAN ROY McCARDLE RICHARD B. MILLER DENNIS O'NEIL RICHARD E. POWER H. NEWELL STICKLER LAWERNCE M. WERNER ROBERT WYNN Endowments C. F. LINDSLEY, Chairman ROBERT G. LIEBMANN JAMES F. MUZZY RICHARD OTHMER JAMES C. OWENS DICK SMITH Friends PHIL ANTHONY HON. ROBERT E. BADHAM HON. BLAIR T. BARNETTE HON. DONALD DUNGAN GEORGE HOAG, it CLAIRE M. NELSON DUDLEY PFAFF, M.D. RALPH REED JOHN SMITH BERTREN SMITH ROBERT N. WEED Branch Directors DAVID ROJO, East Bluff HARLAN ANDERSEN, Upper gay Member Soya' Club of America United Way of Orange County Nortls-South a .0 C,- (37QL-, Boys' Club of the Harbor Area uconvonnrea Now Swving Boys and Girls Mailing Address: P.O. BOX 10297 * COSTA MESA, CALIFORNIA 92627 * (714) 642 -8372 October 6, 1981 City Clerk City of Newport-Beach, 3300 Newport Blvd. Newport Beach, Ca 92663 Dear Sir: Enclosed is Boys' Club check number 11094, in the amount of $1.00, to cover lease fee for the East Bluff Branch, Boys' Club of the Harbor Area, in the East Bluff Park. Sincerely, -- /Lou ntorn Executive Director 2 Cp,O,9r °k 98 /,a LY:es rCjrFTty Enclosure A Gift to our Endowment Fund is an Investment in the Youth of our Community TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1372 9 CITY OF NEWPORT BEACH CALIFORNIA City Hall i 3300M. Newport Blvd, Arai Code 714 473'2110 DATE DATE Dead 219.1993 Description of Contract - -- Amwxt ant to lease - to incrsa®e size ' of buildings. Authorized by Resolution No.. 81gg adopted on Dsaemaber 17, 1973 Effective date of Contract Deter 17, 1973 Contract with Bova' Club of the harbor Area 4V Clem 0 1 A December 21, 1973 Boys' Club of the Harbor Area 2131 Tustin Avenue Costa Mesa, CA 92627 Attentions: Mr. Lou Yantam Ehelosed is a fully executed copy of an amendment to the lease, C -1372, for site in Eastbluff Park for the Boys' Club facility. Said amendment was authorised by the City Council on December 17, by the adoption of Resolution No. 8165. Laura Lagios, C.M.C. City Clerk LS.: awk enc. cc: City Attorney Community Development Director. PB &R Dir. AMENDMENT TO LEASE (BOYS'CLUB) Eastbluff.Park THIS AMENDMENT OF LEASE is made and entered into this. 1-1-r/ day of 1973, by and between the CITY OF NEWPORT BEACH, a chartered municipal corporation, hereinafter referred to as "Lessor," and the BOYS' CLUB OF THE HARBOR AREA, a California non-profit corporation, herein- after referred to as "Lessee "; WHEREAS, Lessor and Lessee have heretofore entered into a lease agreement dated June 30, 1971 for a site to be used for the construction of a Boys` Club facility and recreation center located in Eastbluff Park, title to which is in lessor; and WHEREAS, the parties to the aforesaid lease wish to amend said lease to increase the site area to allow for the construction of a full size gymnasium, as hereinafter set forth below; NOW, THEREFORE, the parties agree that paragraph I commencing,on line 15 of.page 2 of said lease, is hereby amended to read as follows: I. DESCRIPTION OF LEASED PREMISES Lessor hereby leases, and Lessee does hereby accept a lease of the property hereinafter described as shown on Exhibit "B ": Being all of Parcel 1 as shown on a map filed in Book 38, page 9 of Parcel Maps, in the office of the County Recorder of Orange County, California and a portion of Block 52 of Irvine's Subdivision as shown on a map recorded in Book 1, page 88 of Miscellaneous Record Maps, records of said Orange County, more particularly described as follows: -1- BEGINNING at the most northerly corner of said Parcel 1, said corner being in a curiae in the centerline of Vista del Oro as shown on said Parcel Map, concave westerly and having a radius of 430.00 feet, a radial from said corner bears South 690 37' 38" West; thence along the northwesterly and southwesterly line of said Parcel 1 the following courses: South 69° 37' 38" West, 30.00 feet; thence South 61° 011 55" West, 163.50 feet; .thence South 280 58' 05" East, 55.50 feet; thence leaving said southwesterly line, South 61° 01' 55" West, 36.67 feet; thence South 28° 58' 05" East, 76.00 feet; thence North 610 01' 55" East, 155.96 feet to a point, said point being 30.00 feet westerly of the centerline of Vista del Oro as shown on said Parcel Map, a radial from said point bears South 89° 36' 00" West; thence radially North 890 36' 00" East, 30.00 feet to said centerline; thence along said centerline and said curve, 149.89 feet through a central angle of 190 58' 22" to the POINT OF BEGINNING. CONTAINING: 0.603 acres, more or less, gross. 0.504 acres, more or less, net. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Lease as of the day and year first above LESSOR BOYS' CLUB OF THE HARBOR AREA By: L �,9, r Title X-r--� le:— < LESSEE -2- 17 1973 RESOLUTION NO. 8 16 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE BOYS' CLUB OF THE HARBOR AREA W$EREAS, there has been presented to the City Council, of the City of,Newport Beach a certain amendment.to'an 'agreement between the City of Newport Beach and the Boys' Club of the Harbor Area, which would increase the site area to allow for the construction of a full -sized gymnasium, and. WHEREAS, the City Council has considered the terms and conditions of said amendment, and found them,to be fair and equitable and in the best interests of the City; NOW, THEREFORE, BE IT RESOLVED by the City CqunCil of the City of Newport Beach that said amendment to 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. ADOPTED this 17th day of December, 1973. Mayor ATTEST: July 2, 1971 Boys' Cob of the Harbor Area 7Z 2131 Tustin Avenue Costs Mess, CA 92629 Enclosed is executed copy of a lease between the City and the Be", Ciub for construction of a recreation center in Eastmuff Park. The term of the lease is for twenty-five years commeactas Jane 30, 1971. The rental shall be $1.00 per year. LAURA LAGIOS, City Clerk By: Deputy LLAS Encl. cc: Community Development Departumm* Finance Director (w /cpy of lease) City Attorney (w /cpy of lease) THE ST. PAUL AUL FIRE AND MARINE INSURANCE ANY dr INSURANCE COMPANIES ST. PAUL MERCURY INSURANCE COM .- �,- CERTIFICATE OF INSURANCE This is to certify that the following policies, subject to the terms, conditions and exclusions have been issued by this Company. The Company will mail to the party to whom this Certificate is issued a record of any material change in or can- cellation of said policy or policies but takes no responsibility for failure to do so. NAME AND ADDRESS OF PARTY TO WHOM CERTIFICATE IS ISSUED: • AND ADDRESS OF CITY Or lt�ziPGRT BLACI BOYS CLUB OF TI-21 I:ARBOR AR .n I IS ?C. 2131 TUSTIN ATE. COSTA P°ySA, CALIFOTMIA c �FCF, z �Fc�Cl�O h OA 19� 7, TYPE OF INSURANCE & POLICY NO. DATE LIMITS OF LIABILITY WORKMEN'S COMPENSATION EFFECTIVE EXPIRATION STATUTORY — In conformance with the Compensation Law of the State of: PUBLIC LIABILITY i611A5536 10 -10 -71 10- 10 -7;. BODILY INJURY PROPERTY DAMAGE Each Person 10.,000.0: Each Occurrence 3000000.0: Aggregate 300,000.00 Each Occurrence 1002000.00 Aggregate 100,000.00 AUTOMOBILE LIABILITY ;611JA5536 10-10-71 10- 10 -74 . Each Person 100,000.G' Each 300,0:,0.00 Each 1'0,000.00 "UBJ} CT TO ENDOFtS' TITT G302 ATTAC_ a: KIMMAKAam This CERTIFICATE OF INSURANCE neither. affirmatively or negatively amends; extends or alters the coverage afforded by these policies. Dated N-� /17/ 14842 C01 Rev. 10 -68 Printed in U.S.A. By f ORIGINAL 1 LEASE G -1372 2 (BOYS' CLUB) Eastbluff Park s 4 THIS LEASE, made and entered into this 30 t/jday of 5 T u hear '1971, by and between the CITY OF NEWPORT BEACH, a 6 chartered municipal corporation, hereinafter referred to as 7 "Lessor," and the BOYS' CLUB OF THE HARBOR AREA, a California non - 8 profit corporation, hereinafter referred to as "Lessee ".; 9 10 R E C I T A L S. n A.. The City of Newport Beach holds title to the Eastbluf 12 Park under a grant deed from The Irvine Company dated May 7, 1965, 13 and recorded May 17, 1965 as Document 11760 in Book 7522, pages. 14 161 -166 inclusive, Official Records of Orange County. A copy of 15 said deed, designated Exhibit "A ", is attached hereto and is incor- 16 porated herein by reference. 19 B. Lessee is a non - profit corporation organized under 1 Title 12, Part 4, Division 1 of the.Civil Code of the State of 19 California, for the principal purpose of constructing, operating and maintaining recreational centers for boys. 21 C. Lessee has requested that, /Lessor enter into a lease 22 with Lessee for a site to be used for the construction of a 23 recreation center in Eastbluff Park, in the location shown on the 24 drawing which is designated Exhibit "B ", attached hereto and 25 incorporated herein by reference. 26 D. Lessor proposes to lease to Lessee the premises here- 27 inafter described, and''Lessee is willing to accept said lease on . 28 the terms and conditions hereinafter set forth and agrees to 29 construct a recreation building on_said site and to operate said 30 building in accordance with the terms. and.conditions of this lease. 31 E. it is the intention of Lessee to develop an athletic 32 and educational program which among other things will train boys in -1- 0 1 such subjects as handicrafts, citizenship, sports and sportsmanship. 2 The facilities to be constructed on the site will be available to 3 boys regardless of their place of residencem In addition,.recog 4 nized church, civic and youth groups will be allowed to use the 5 facilities when they are not in use by members of the Boys' Club in 6 accordance with rules and regulations which have been approved by 7 the City Manager. $ F. Lessee is willing to accept a lease of said premises 9 and is willing to construct and maintain said recreational building n 15 16 17 1$ 19 20 21 22 24 J* . 26 27 28 29 30 31 32 and to furnish the necessary trained personnel to operate the facility; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS hereinafter set forth, it is agreed as follows: I. DESCRIPTION OF LEASED PREMISES Lessor hereby leases, and Lessee does hereby accept a lease of the property hereinafter described as shown on Exhibit "B ": That portion.of Block 52 of.Irvine's Subdivision in the City of Newport Beach,. County of Orange, State of California, as per map recorded in Book 1, page 88 of Miscellaneous Record maps in the office of the County Recorder of said County., described as follows:. BEGINNING at the.intersection of the center line of Vista del Oro (60 feet wide) with the center line of Vista del 'Sol (130 feet wide), as said intersection is shown on a'map of Tract No. 5463 recorded in Book 195, pages.41 to 44 inclusive of Miscellaneous Maps, Records of said County; thence North 25 °47'00" East 100.00 feet along said center line of Vista del. Oro to the beginning of a curve concave westerly having.a radius of 430.00 feet; thence northeasterly; northerly, and northwesterly 346.40 feet along said curve through an angle of 46 009122" to a point on said center line of Vista del Oro; thence South 69 °37138 ".West.3O.00 feet to a point in the westerly line of.said Vista del Oro, said last mentioned point being the True Point of Beginning; thence South 61 °01155" West 163.50 feet; thence South 28 058105" East 123.50 feet;. thence North 61 001155" East 123.53 feet more or less to a point in the said westerly line of Vista del.Oro, thence northerly and northwesterly 130.38 feet more or less along said westerly line of Vista del Oro along a curve concave westerly having a radius of 400.00 feet' to the true point of beginning. -2- 1 2 3 4 5 6 n 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 0 II. TERM The term of this Lease shall be for a period of twenty -five (25) years, commencing on the 30th day of June 1971, unless sooner terminated in the manner hereinafter provided. In approving this Lease, the City Council takes note of the fact that Section 420 of the City Charter limits any lease of City property to a maximum term of 25 years without a vote of the people approving a longer term. It is contemplated that at the end of the initial 25 -year term of this Lease the Lessee will seek renewal of the Lease. It is the understanding of the City Council that the City Council in office at the end of the initial term of this Lease will give every consideration to a request by the Lessee for an extension of the term of the Lease. III. CONSTRUCTION OF BUILDING Lessee shall, within twenty -four (24) months from the date of execution of this Lease, commence the construction of a suitable building upon the premises above described, in accordance with specifications which have been approved by the City Council, and shall diligently prosecute the same to completion. In the even that unforeseen contingencies arise, causing any delay in construction, it is agreed that said 24 -month period may be extende a reasonable period of time, depending upon the nature and length o the delay so caused. Lessee shall reimburse Lessor for any damage done to landscaping and other improvements on the site which may occur as a result of the construction and use of the building and other facilities by Lessee. IV. RENTAL Lessee shall pay to Lessor, and Lessor shall accept as rental for said demised premises and any facilities constructed thereon, the sum of One Dollar ($1.00) per year. V. USE Lessee shall use the demised premises, together -3- with the building and facilities located thereon, for the purpose 2 of managing, operating and conducting a boys' club facility for 3 purpose of instructing boys and young men in athletics, handicrafts, 4 and sportsmanship. In carrying out the foregoing duties and. 11 12 13 14I 15 16 1'! 18 19 20 21 22 23 24 25 26 27 28 29 30 31 responsibilities, Lessee shall at all times be subject.to the powers of supervision and control retained.by Lessor under the provisions of Paragraph IX hereof. In and as a part of its duties in managing and operating said boys' club facility, Lessee shall not discrimi -. nate as to race, color, or creed, subject.to the normal rules and operating procedures of the Boys' Club. VI. USE AS A COMMUNITY. CENTER BY OTHER ORGANIZATIONS When the premises and building are not in use by the Lessee, the premises and building shall be available..for use as a community center by the City Parks, Beaches and Recreation. .Department on.a first - priority basis, and by recognized church, social, cultural, civic and youth groups in accordance with.reason- able rules and regulations to be established by Lessee,. with the approval of the City Manager. Lessee.is authorized to charge a'. reasonable fee to cover maintenance costs.to groups and organiza- tions, other than the City, for the use of the premises,and building. Until construction of the Boys'. Club building is ready to commence, the public shall continue to have the right to enter upon and use the subject portion of.Eastbluff Park, and the City shall have the right to enter upon.and maintain said property. VII. TIME OF OPERATIONS Lessee.shall keep the demised premises open for use during such periods of time as may be mutually agreed upon by .Lessee and the City Manager, and shall not.close said.premises from .use or alter the type of services provided or facilities offered, without first obtaining the approval of said City Manager. Im 31 2 3 4 5 6 n 8 9 VIII. BUSINESS ACTIVITIES. operation for profit on the demised premises without the prior approval of the City Manager IX SUPERVISORY CONTROL Lessor retains the power to exercise supervisory control over the use and operation of the leased premises.by Lessee, with the right to enforce such rules, regulations and orders as may 10 be necessary in order to obtain compliance by Lessee with'the terms 11 and conditions of Paragraphs VI and VII hereof. Lessee agrees to 12 comply, subject to the provisions of Paragraph XVII, with any such 13 rules, regulations or orders. Any breach by Lessee of the terms 14 and conditions of this paragraph, or Paragraphs VI and VII, may be 15 treated by Lessor as a breach of condition, breach of covenant, or 16 both, and shall constitute grounds for termination of this Lease. 19 X. UTILITIES AND TAXES' 18 Lessee shall promptly pay for all utility services 19 furnished to it and shall pay before delinquent any general and 20 special taxes or assessments or other governmental charges, if any, 21 which may be levied on the demised premises or furnishings therein, 22 or improvements thereon, or any possessory interest therein arising 23 out of or based upon the leasehold interest throughout the term 24 hereof, or may be imposed upon Lessee as a'result of its operations 25 under the Lease. Satisfactory evidence of such payments shall be 26 delivered to Lessor upon demand therefor. . 27 XI. RELOCATION OF EXISTING FACII44TIES. 28 Lessee shall be responsible for all costs of 29 relocating existing City -owned facilities, including sprinkling 30 system and playground equipment.' 33. XII. INSURANCE. HOLD HARMLESS 32 Lessee shall save and keep Lessor, its officers, -5- .. Lessee shall not grant any concession, license, permit or privilege for the conduct of any business or other' operation for profit on the demised premises without the prior approval of the City Manager IX SUPERVISORY CONTROL Lessor retains the power to exercise supervisory control over the use and operation of the leased premises.by Lessee, with the right to enforce such rules, regulations and orders as may 10 be necessary in order to obtain compliance by Lessee with'the terms 11 and conditions of Paragraphs VI and VII hereof. Lessee agrees to 12 comply, subject to the provisions of Paragraph XVII, with any such 13 rules, regulations or orders. Any breach by Lessee of the terms 14 and conditions of this paragraph, or Paragraphs VI and VII, may be 15 treated by Lessor as a breach of condition, breach of covenant, or 16 both, and shall constitute grounds for termination of this Lease. 19 X. UTILITIES AND TAXES' 18 Lessee shall promptly pay for all utility services 19 furnished to it and shall pay before delinquent any general and 20 special taxes or assessments or other governmental charges, if any, 21 which may be levied on the demised premises or furnishings therein, 22 or improvements thereon, or any possessory interest therein arising 23 out of or based upon the leasehold interest throughout the term 24 hereof, or may be imposed upon Lessee as a'result of its operations 25 under the Lease. Satisfactory evidence of such payments shall be 26 delivered to Lessor upon demand therefor. . 27 XI. RELOCATION OF EXISTING FACII44TIES. 28 Lessee shall be responsible for all costs of 29 relocating existing City -owned facilities, including sprinkling 30 system and playground equipment.' 33. XII. INSURANCE. HOLD HARMLESS 32 Lessee shall save and keep Lessor, its officers, -5- .. 11 2I 4 5 6 8 9 0 !agents and employees free and harmless from any and all claims or demands of any name or nature whatsoever arising out of, or incident to, the use and occupancy of the premises herein described by Lessee In partial performance of this obligation by Lessee, Lessee shall procure and at all times during the term of this Lease maintain in full force and effect a policy, or policies, of public liability and property damage insurance protecting the City of Newport•Beach, its officers, agents and employees from all claims or demands for . damages. The policy, or policies, shall provide for not less.than Two Hundred Thousand Dollars ($200,000.00) for injury or death of 11 one person; Five Hundred Thousand Dollars ($500,000.00) for injury 12 or.death of two or more persons;and Fifty Thousand Dollars 13 ($50,000.00) for damages to property. The City Manager may require 14 an increase in the amount of insurance from time to time in 15 accordance with changes in economic conditions. Attached to said 16 policy 'shall be an endorsement which shall provide as follows: 17 "Within the limits set forth in this policy, to 18 indemnify and save the City of Newport Beach, its officers, 19 agents and employees, free and harmless from all damage, 20 claim, loss or liability of any name or nature whatsoever 21 which the City of Newport Beach, its officers, agents or 22 employees may hereafter sustain or incur, or may be imposed 23 upon them, arising out of, or in any way connected with, the 24 use or occupancy by the insured, its servants, agents and 26 employees, of the premises described in a lease granted to 26 insured by the City of Newport Beach." 27 Lessee shall furnish, and maintain with the Lessor, 28 either the original policy, or policies, or a certified copy, or 29 copies, thereof. The policy, or policies,_shall be approved as to 30 sufficiency by the City Manager and as to form by the City Attorney. 31 XIII. LIENS AND CLAIMS 32 A. Lessee shall not suffer or permit to be II -6- 3.11 enforced against the leased land, or any part thereof, any mechanics) °, 2 materialmen's, contractors' or subcontractors' liens arising from, 3 or any claim for'dapage growing' out of, the work of,any constructi 411 repair, restoration, replacement or improvement, or any other claim 5 or demand howsoever the same may arise, but Lessee shall pay or 8 cause to be paid all of, said liens, claims or demands before any action is brought to enforce the same against said land; and Lessee 8 agrees to indemnify and.hold Lessor and said land free and harmless 9 from all liability for any and all such liens, claims and.demands, 1.0 together with reasonable attorney's fees and all costs and expenses 11 in connection therewith. Notwithstanding anything to the contrary 12 hereinabove contained in this Paragraph III, if Lessee.shall in good 13 faith contest the validity of any such lien, claim or demand, ,then 14 Lessee shall, at its expense, defend itself and Lessor against the 15 same and shall. pay and satisfy any adverse judgment.that may be 16 rendered thereon before the enforcement thereof against Lessor or 17 the leased land, upon the condition that if Lessor shall require, 18 Lessee shall furnish to Lessor a surety bond. satisfactory to Lessor. 19 in an.amount equal to such contested lien ;. claim or demand, 20 indemnifying Lessor against liability for the same, and holding the 21 leased land free from the effect of such lien or claim, or if the 2$ Lessor .shall request, Lessee shall procure and record the bond 23 provided for in Section 1193.2 of the California Code of Civil Procedure, or any comparable statute hereafter.enacted providing' 85 for a bond freeing the leased land from.the effect of such lien or 56 claim or action.thereon. 87 B. Before the commencement of any work of $8 construction of.any building, structure or other improvement on the 39 leased.land, or of any substantial repairs; alterations, additions, 30 .replacement or restoration in and about said premises as herein 31 provided, Lessee shall give to Lessor written notice thereof, 32 specifying.the nature and location of the intended work and the -7- 0 • 1 expected date of commencement thereof. At the request of Lessor, 2 Lessee shall, prior to the commencement of any such work, deposit $ with-Lessor a,- certificate -'or' other evidence satisfactory to Lessor 4 that Lessee has furnished a bond, or that Lessee's building $ contractor, if any, has furnished a bond in favor of Lessor, with a 6 surety approved by Lessor, guaranteeing the completion of said work free and clear of all subcontractors', mechanics' and materialmen's $ liens. Lessor reserves the right at any time and from time to time 9 to post and maintain on said land such notices as may be necessary 101 to protect Lessor against liability for all such liens and claims. 11 12 13 14 15 16 17 .18 19 ;20 21 23 24 85 $d 87 28 25 30 31 38 XIV. MAINTENANCE OF LANDSCAPING AND IMPROVEMENTS A. Lessee to Maintain All Landscaping, Buildings and Improvements Lessee covenants and agrees that during the of this Lease it will, at its own cost and expense, maintain the grounds, landscaping, and all buildings, and any other improvements of any kind or nature constructed or installed on the leased premise by the Lessee, at a high standard of maintenance and repair, Maintenance shall include painting. Lessee covenants and agrees that the westerly ten (10) feet, the southerly ten (10) feet, and the northerly five (5) feet of said property as.described in Paragraph 1.hereinabove will be used solely and exclusively for pedestrian walks and landscaping.' Lessee agrees to submit.a landscaping plan I.Which shall- be,subject to approval by the Parks, Beaches and Recreation -Director and the Community Development Director, or their designated representatives. Lessee shall install and maintain landscaping on the premises in accordance with the approved plan. The entire premises, including the building, shall be maintained in. a neat and orderly condition NECDC 1 B. Lessor Mav Elect to Repair and.Maintain at 2 Expense of Lessee 3 If, in the judgment of the Lessor, such 4 standards of maintenance and repair are not being maintained, it 5 may at its option, after written notice thereof.to the Lessee and 6 Lessee's failure to commence in good.faith to remedy the same withi: ? the time herein provided and thereafter diligently prosecute the 8 same to completion, elect to correct any deficiency, whether it be 9 in reference to grounds, landscaping, building or improvements. 10 Lessee covenants and agrees to pay to the Lessor on demand any and it all sums expended by it in correcting any such deficiency together 12 with an equal sum as liquidated damages by reason of Lessee's 13 failure to perform and keep this covenant.. If, in the judgment 14 of the Lessor, the disrepair or lack of maintenance constitutes an 15 emergency, the notice herein provided shall be a 24 -hour notice to 16 remedy; in all other cases it shall be a 5 -day notice. 17 .C. Lessor's Right of Inspection Lessor reserves the right by its authorized 19 agents, employees or representatives to enter the leased premises 20 to inspect the same or any part thereof at any time and to attend 21 to or protect the Lessor's interest under this Lease. 22 D. Compliance with Laws, Ordinances and 23 .Regulations 24 Lessee covenants and agrees to comply with all 25 rules, regulations, statutes,, ordinances and laws of the State of $6 California, County'of Orange, the City of.Newport Beach, or any 87 other governmental body or agency having lawful jurisdiction over 28 the leased premises or the business, enterprises, or activities 29 conducted thereon. 30' Xv. PARKING 31 Lessee shall improve and maintain not less than 32 thirteen (13) off- street parking spaces on.or immediately.adjacent M 0 lI 2 3 4 5 6 7 to the leasehold site, as approved by Lessor. Said parking spaces shall be intended primarily for use in connection with operation of the Boys' Club, but shall also be available for use by the general public. Said off - street parking spaces need not be located upon the leasehold site; however, Lessee shall be responsible for installa- tion and maintenance of all landscaping between the off - street parking area and the Boys' Club building. 8 Compliance with the foregoing off - street parking 9 provision shall be delayed for a period not to exceed three (3) L011 years from the date of execution of this Lease, at which time Lea 13 14 15 16 17 18 19 20 21 22I 23 24 25 26 27 28 29 30 31 32 shall have the right to request a further extension, subject to review and approval by the Planning Commission. XVI. .ASSIGNMENT Lessee shall not assign, transfer, sublease or give Cany grant of control of this Lease or 'demised premises, or any part thereof, either voluntarily or involuntarily, unless first approved 1by the City Council. XVII. NON- COMPLIANCE If the Lessee fails to comply with any of the terms land conditions of this Lease, the Lessor may give to the Lessee a notice in writing of such failure and specify therein the particu in which Lessee has 'failed to comply with the provisions of this (Lease. If the Lessee fails for a period of sixty (60) days after the giving of such notice to comply with the provisions of this Lease; the Lessor may, at its option, terminate this Lease, and all Irights of the Lessee therein shall cease and terminate and the Lessee shall immediately thereafter deliver possession of the premises to the Lessor. XVIII. RESTORATION A. If during the term hereof any building or improvement erected by Lessee on the leased land, or any part thereof, shall be damaged or destroyed by fire or other casualty, -10- 1 2 3 4 5 n 8 9 10 11 12 14 15 16 17 18 19 20 21 22 23 24 135 26 87 28 29 30 31 32 Lessee shall, at its cost and expense, repair or restore the same according to the original plans thereof; or, at Lessee's option, Lessee may elect to replace such building or improvement, provided that if Lessee so elects, Lessee shall obtain the approval of Lessor of the proposed architectural.plans. Any such work of repair, restoration or replacement shall be commenced within.. one hundred and eighty (180) days after the damage or loss occurs and shall be completed with due diligence, but not longer than one (1) year after such work is commenced unless delay is caused by events beyond the control of Lessee. If Lessee does not wish to repair or rebuild the improvements, it may terminate this Lease by giving Lessor written notice of termination, and if Lessee chooses to terminate the Lease it shall be obligated to completely clear and restore the building site to its original condition. XIX. SURRENDER OF PREMISES UPON EXPIRATION OR TERMINATION Upon the expiration of the term of this Lease or sooner termination thereof as herein provided, Lessee shall deliver possession of said demised premises to Lessor in the same condition as delivered to Lessee, reasonable wear and tear excepted, and also excepting any changes or alterations authorized or approved in writing by the City Manager or City Council. Upon the expiration o termination of this Lease, any additions or improvements made upon the demised premises shall become the property of the Lessor unless removed in their entirety by Lessee within ninety (90) days of said expiration or termination. XX. DEFAULT AND TERMINATION OF LEASE A. Default Time and each of the terms, covenants and conditions hereof are expressly made the essence of this Lease. If the Lessee shall fail to comply with any of the terms, covenants,.or conditions of this Lease, including the -11- 11 2 3' payment of rental herein reserved, at the time and in the amount herein required, and shall fail to remedy such default within thirty (30) days after service of a written notice from Lessor so to do if the default may be cured by the payment of money, or to 514 commence in good faith to remedy any other default within thirty (30) days and thereafter diligently prosecute the same to 71I or if Lessee shall abandon or vacate the leased premises, Lessor may, at its option, and without further notice or demand, terminate 9 this Lease and enter upon the leased premises and take possession 10 thereof, and remove.any and all persons therefrom with or without 11 process of law. 22 B. Surrender of Possession upon Termination 13 Lessee covenants and agrees that upon the ltd expiration or sooner termination of this Lease, the Lessee will . 15 peaceably surrender the leased premises with all buildings and 16 improvements, in the same condition as when received or construct( 19 reasonable use and wear thereof, .and damage by fire,.Act of God, 18 or by the elements excepted.. Any improvements.built, constructed 19 or placed upon the leased premises by.the Lessee, or anyone holding 20 by, under, or through it,.shall remain on the leased premises and 21 become the property of the Lessor without any cost to Lessor upon 22 the termination of this Lease, whether by lapse of time or by reaso 23 of default, unless the Lessee.elects to remove said improvements 24 within sixty (60) days following said expiration or termination. 36 C. Remedies Cumulative 26 The rights, powers, elections and remedies of 27 the Lessor contained.in this Lease shall be construed as cumulative 28 and no one of them shall be considered exclusive of the other or 89 exclusive of any rights or remedies allowed by law, and the 30 exercise of one or more rights, powers, elections or remedies shall 31 not impair or be deemed a waiver of Lessor's right to exercise any 32 other. -12- 9 1 2 D. No Waiver a No delay.or omission of the Lessor to exercise any right or power arising.from any omission, neglect or default of 4 the Lessee shall impair any such right or power or shall be 5 construed as a waiver of any such omission, neglect or default on 6 the part of the Lessee or any acquiescence therein. No waiver of any breach of any of the terms, all covenants, agreements, restrictions or conditions of this Lease 9 shall be construed as.a waiver of any succeeding breach of the same 10 or of any of the terms,:covenants, agreements, restrictions or 21 conditions of this Lease..., 12 E. Holding Over 13 It is mutually agreed that if the Lessee.shall 14 hold over after the expiration of this Lease for any cause., such 15 .holding over shall be deemed a tenancy from month to month only, 16 and upon the same terms, conditions and provisions of this.Lease.. 17 XXI. NOTICES 2.8 It.is mutually agreed that any notice or notices 19 provided for by this Lease or by law, to be given or served upon 20 the Lessee, may be given or served by mail, registered.or 21 certified, with postage prepaid, and if intended for.the City of 22 Newport Beach, addressed to the City Manager, Newport Beach, 23 California 92660, or at such other address as may be hereafter 24 furnished to the Lessee in writing, and if intended for,the Lessee, addressed to its Director, at 2131 Tustin.Avenue, Costa Mesa, 88. California, or at such other address as may be.her.eafter furnished 87 to the Lessor in writing;.or it may be served personally upon any 28 corporate officer of Lessee or person charged with general manage - "rgpnt responsibilities in connection with the leased premises; and 30 that any notice or notices provided by this Lease or by law to be 81 served upon Lessor may be served personally upon the Mayor of the 38 City of Newport Beach or the City Clerk of said City. Such service -13- DO'N:mh 6/23/71 1 P. 3 5 6 n 8 9 10 13 14 15 9.6 17 is e 20 21 22 23 24 25 26 21 28 29 -30 31 32 shall be deemed complete at the expiration of forty -eight (48) hours from and after the deposit in the United.States mail of such notice, demand or communication. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first.above written, CITY OF NEWPORT BEACH By: erNIZ Mayor ATTEST: City Clerk LESSOR' BOYS' CLUB OF THE HARBOR AREA By:r_�di 17 w% e: By: Tit I LESSEE -14- v .r Page 1 of 3 and northerly 581.58 feet along said curve having a radius of 700.00 feet through an angle of 470 16' 12" to a point, .. a radial line of said curve to said point bears South. 880 33' 27" East; thence South 88° 33' 27" East 102.52 r feet along the easterly prolongation of said radial line; thence South 10 26' 33" West 30.00 feet to s point herein L after referred to as Point "A "; thence South 3° 54' 22" East 209.93 feet; thence South 16° 32' o4" East 225.96 feet; thence " South 24° 04' 35" East 47.79 feet; thence South 660 00' 00" East 1030.00 feet; thende North 61° 01' 55" East 426.17 feet to a point,.. hereinafter referred to as Point "D ", on s non - tangent curve concave westerly having a radius of 400.00 feet, a radial line ' of said curve to said point bears North 690 37' 38" East; thence North 69° 37' 38" East 30.00 feet along the north- " easterly prolongation of said radial line to a point on a non- tangent curve concave westerly having a radius of 430,00 r "feet, said curve being concentric with the last mentioned curve having a radius of 400.00 feet; thence southerly and southwesterly 346.40 feet along said curve through an angle o� 460 09' 22 "; thence South 250 47' 00" West 100.00 feet to the ` point of beginning.. , EXCEPTING THEREFROM a strip of land 30 feet wide for road and utility purposes, lying easterly, southeasterly.; and southerly of the following described line: BEGINNING at the hereinabove described Point "B "; thence easterly and northeasterly 507.66 feet•along said curve hereinabove described as concave northwesterly having a radius of 522.00 feet through an angle of 55° 43' 19 "; thence North 250 47' 00" East 200.00' feet to the beginning of said curve hereinabove described as concave . westerly having a radius of 400.00 feet; thence northeasterly and northerly 322.23 feet along said -eurve through an angle of, 46° 09' 22" to the hereinabove described Point "D ". ALSO EXCEPTING THEREFROM a strip of land for road and `utility purposes, lying northwesterly and northerly of the following described line: BEGINNING at the hereinabove described Point "A "; thence North 880 33''27" West 58.88 feet to the beginning of a curve concave southeasterly having a radius of 15.00 feet; thence westerly and southwesterly 22.66 feet along said curve through an angle of 86° 32' 13" to the beginning of a reverse curve hereinabove described as concave northwesterly having a radius of 730:00 feet, a radial line to said point bears North 850 05' 40" West; thence southerly and south -; westerly 562.39 feet along said curve through an angle of.':, 440 08' 25" to hereinabove described Point "C ". x .._ - SUBJECT T0: ' ' a Current taxes and assessments t b� Easements, rights of way and other matters of record) or.apparent. , Page 2 of 3 •6 r `t STATE OF CALIFORNIA ) sa • COUNTY OF ORANGE ) ;I AY `l. On , before me, the undersigned, a Notary Public in and for said County and State, personally appeared W R. MASOM known to me to be the VICE PRESIDENT , and PLE R. S. HEL , known to me to be the ASSISTANT SECRETARY of the corpor ation that executed the within instrument, and known to me to be the persons who executed the within instrument . t on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by -laws or a resolution of its board of directors,: "; WITNESS my hand and official nMMMNMN \ \nnnnw\\A.q PHYLLIS A. BRUNS . Notary Public .ar Stale of California. Principal once In No ary sc in and for said County ... Orange County ;�•:� and State ., My Commiaafon Fxpiroa December 7, 1965 -. .k .. .. .i- 4 , 1 L 1 • t It � t: 1 % 1 � t r r i" i t., 1 � '1 1 t 1 I 1 " j . r 569 3738 H/ 30 TRUE PO.B. BOYS CLUB lEgSE Amr4 = /8, /B3 t 6¢2 Fr. = <c 0.4/7' .4M-Sr5 SGALE� /~Q /00 `fin r •' m o � � Cil J , J R'164 ,g % soL v L-45TBLUFf Pwk SIrc CITY OF NEWPORT BEACH DRAWN DATE 12- 1- 70 PUBLIC WORKS DEPARTMENT APPROVED SOY5' CLUB LE.45E AgST PUBLIC WORR.E. O.ClZdOi E.dSTBLUF�' P,4RK .S %TE DRAWING NO. R /W- 5/97 -L EXHIBIT "B" Ri: OLMIC6 BQ. 7458, A x :SQLUTICH Or TRE CITY COMIL OF THE CITY or Di wpFli0.T auca Atnuounuro Toz SxBC[1"PIcm OF t LUSE BETWEM 'Poe CiTr Or NEWPORT WAM AND TIM W'l J I , CL= OF TRE SSi AWR AREA -YOR C(MSTR (M UY A P=XUTT0N C3WHA xa WIMPUMS, there has been prevented to the City council of tho City of Mewport Beach a certain lease between the City of sm"rt Bs,aCh 'aW the Boya' Club of than: YAxbor Area .for a site in L&stbluff P4A to be a =seal for the :pu='Poste of OMStructing and seaintaining a recreation center v. and W&PZAS, the city Cotincil.ha,s exaraidered the terms And conditions of said Boys' Club lease and found them to be fair and en uitst+let XONs T MFORE, RZ IT RESOLVED that said lease of `a site in Eastbiuff Park for z� Soya' Club is ^"raaved* and the Mxyos and City Va erk are hereby authori:�*d and directed to execute the saran an behalf of the City of Newport Beach. ADOPTAD this 28th day of Vie:. MI. �sypr A1T SSTs City C nrk mh 6/24/71