HomeMy WebLinkAbout09 - Newport Aquatic Center Addendum for Twenty-Five (25) Year groundlease ExtensionCouncil Meeting 09-22-97
Agenda No. 9
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
September 16, 1997 �'YEWCITCOUNCIL
p CIi�Y.OF NEWPORT BEA((
SEP 2 21997
TO: Mayor and Members of the City Council
FROM: Daniel K. Ohl, Deputy City Attorney i - APPROVED
RE: NEWPORT AQUATIC CENTER ADDENDUM FOR
TWENTY-FIVE (25) YEAR GROUNDLEASE EXTENSION
The Newport Beach Aquatic Center has requested that we extend their ground
lease. The City previously approved an Addendum for a thirty (30) year extension. Prior
to the approval, the City obtained consent from the County of Orange with whom we
share joint control of the property to the requested extension. Subsequent to City
approval, they have taken the position that a twenty-five (25) year extension is all that
should be authorized. In order -to end the delay in implementing the extension and to
expedite resolution of our differences, we are submitting a modified addendum to allow a
twenty-five (25) year extension rather than the previously approved thirty (30) year
extension.
RECOMMENDATION:
It is recommended that the Addendum to the ground lease, granting the twenty-
five year extension, be approved.
Daniel K. Ohl
Deputy City Attorney
DKO:da
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THE CITY OF NEWPORT BEACH AND NEWPORT AQUATIC CENTER, INC.
ADDENDUM TO GROUND LEASE
WHEREAS, on March 24, 1987 a Ground Lease was entered into by and
between the CITY OF NEWPORT BEACH, ("Lessor") and NEWPORT AQUATIC
CENTER, INC., a non profit public benefit corporation, ("Lessee") for a term of twenty-five
(25) years; and
WHEREAS, Lessor and Lessee desire to extend the original Ground Lease, and
WHEREAS, Lessor and Lessee agree that all other terms and conditions are to
remain unchanged:
IT IS HEREBY agreed by and between the City of Newport Beach, Lessor, and
Newport Aquatic Center, Inc., a non profit public benefit corporation, Lessee, that the term
of the Ground Lease shall be twenty-five (25) years from the first day of the first full
calendar month after each of the following conditions have been satisfied:
A. The Lease has been executed by Lessor and Lessee;
B. Lessee has submitted construction drawings for the construction of the
remainder of the floor area permitted by Use Permit number 3104 and
Coastal Development Permit 5-84-786;
C. Lessee has applied for a building permit for the construction of the
remaining floor area permitted by Use Permit number 3104 and Coastal
Development Permit 5-84-786;
D. Lessee has complied with all conditions to the approval of Use Permit
number 3104 and Coastal Development Permit number 5-84-786, including,
but not limited to, permits from other public agencies, and the soils
hydrology and related studies;
E. Lessee has submitted an agreement, signed by a general contractor
licensed as such by the State of California, committing the contractor to
complete the remaining floor area of the project;
F. Lessor has received a bond guaranteeing performance of the contract
required by the provisions of subparagraph E. The bond shall guarantee
performance of the contract in a timely and workmanlike manner in the
event contractor fails or refuses to perform in accordance with the contract;
G. Lessee must satisfy each of the conditions precedent to the
commencement of the term of the lease within twelve (12) months of the
date of the execution of this Addendum.
IN WITNESS WHEREOF, the Parties hereto have executed this Addendum to the
Ground Lease.
Dated:
Dated:
APPROVED AS TO FORM:
91
Daniel K. Ohl,
Deputy City Attorney for the
City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk for the
City of Newport Beach
LESSEE: NEWPORT AQUATIC CENTER, INC.
LESSOR: CITY OF NEWPORT BEACH
Jan Debay,
Mayor for the
City of Newport Beach
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09-15-97