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LEASE AGREEMENT WITH <br />NEWPORT -MESA UNIFIED SCHOOL DISTRICT FOR <br />NEWPORT ELEMENTARY SCHOOL PLAYGROUND <br />THIS LEASE AGREEMENT ("Lease') is made and entered into this V� day of <br />201.45("Effective Date") between the CITY OF NEWPORT BEACH, a <br />California nrunicipal corporation and charter City ("City"), and the NEWPORT -MESA <br />UNIFIED SCHOOL DISTRICT, a political subdivision of the State of California <br />("District"), whose address is 2985 Bear St., Costa Mesa, CA 92626 and is made with <br />reference to the following: <br />RECITALS <br />A. City is the trustee of the tidelands and filled lands in the corporate limits of the <br />City lying southerly of Ocean Front between the southerly extension of 13th Street <br />and the southerly extension of 14th Street, hereinafter more particularly <br />described, by virtue of a grant from the State of California set out in Chapter 74 <br />of Statutes of 1978, as amended ("Property') the Property is more particularly <br />described in Exhibit "A" and depicted in Exhibit "B", both of which are attached <br />hereto and incorporated by reference; and <br />B. City has a perpetual easement for street, park, and public pleasure purposes <br />over Block 13A, Section B, of Newport Beach, which lies between the southerly <br />extensions of 13th and 14th Streets and between Ocean Front and said tidelands <br />and filled lands as shown on a map recorded in Book 4, page 27, Miscellaneous <br />Maps, Records of Orange county, California; and <br />C. District owns Block 13 of Newport Beach, as per map recorded in Book 4, page <br />27, of said maps, which lies between 13th Street and 14th Street and between <br />Balboa Boulevard and Ocean Front; and <br />D. District operates a public elementary school (Newport Elementary School) on <br />said Block 13 and uses, and has need for the use of, said Block 13A and the <br />adjoining tidelands and filled lands oceanward of said Block 13 in connection with <br />said school for playground purposes; and <br />E. The City and District first entered into a lease agreement for the Property on <br />February 1, 1960 pursuant to authority conferred by the electors and Chapter <br />813 of the Statues of 1929; and <br />F. The leasing of the tidelands and filled lands hereinafter described to the District <br />for the purpose and under the terms and conditions set out herein would not <br />interfere with or be inconsistent with, the requirements of commerce or <br />navigation at Newport Harbor and is not inconsistent with the title upon which <br />said land is held; and <br />G. The trespass rights hereby granted over the City's easement on said Block 13A <br />under the terms and conditions set out herein are not inconsistent with the grant <br />