HomeMy WebLinkAboutC-1372 - Lease Agreement for Eastbluff Parkr
'CF— IPICAVO �R BAN
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. ... . -••° 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"
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EXHIBIT °C"
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WILLARD I JORINVI 9FIC11111cl
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WILLARD I JORINVI 9FIC11111cl
I ci.t.jr:) or -mf u/\P)OR APfA • NrWPOVT 15EACII F)PANCII • FAS-I- r-)I-LJFF- -
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® 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
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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,
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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]
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0 ATTEST:
City Clerk
LESSEE:
f:\caflag\ boys &girls\LeaseFina1061898.doc
17
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BOYS' & GIRLS' CLUB
William A. Welch
President
John R. Houten
Treasurer
E
EXHIBIT "A"
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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 .
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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"
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1,71-
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D,
VGA
5th.
C I—j'y Q':, 1 17 V�! TPOR7 BE-ACH
PUBLIC V,1ORKS DEPARTM.ENT
ADZ.W;L�241 76)
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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"
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EXHIBIT "C -1"
11
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r--.)OY'5 CLUES or THE HAV-bOV AREA • NEWPORT MACH P312ANCP - EAU bLUI=f
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EXHIBIT "D"
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• 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
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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.
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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
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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
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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.
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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
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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.
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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.
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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,
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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,
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!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
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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
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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.
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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
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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
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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,
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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
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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.
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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
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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
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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
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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