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HomeMy WebLinkAbout03/22/1965 Item #I-1a;3 0 TO: CITY COUNCIL FROM: ACTING CITY MANAGER SUBJECT: BEACON BAY LEASE AUDIT MARCH 22, 1965 c _ S a S- J, I THE BEACON BAY LEASE ENTERED INTO BY THE CITY AND J. A- BEEK ON JANUARY I, 1950, TO RUN THROUGH DECEMBER 31, 1987, PROVIDES FOR THE FOLLOWING: "WESTERLY PORTION" TO BE USED FOR RESIDENTIAL PURPOSES WITH AN ANNUAL RENTAL OF $600.00 PLUS 5% OF GROSS RECEIPTS FOR THE FIRST 13 YEARS. "EASTERLY PORTION" FOR INDUSTRIAL USES, CONSTRUCTION AND MAINTENANCE OF WHARVES, DOCKS AND PIERS WITH AN ANNUAL RENTAL OF $350.00 PLUS 1% OF GROSS RECEIPTS FOR THE FIRST 13 YEARS. IN ADDITION TO THE ABOVE RENTS, LESSEE WAS TO PAY $1,000..00 ANNUALLY FOR THE FIRST 13 YEARS. FOR THE LAST 25 YEARS OF THE TERM, BEGINNING IN 1963, THE CITY IS ENTITLED TO 33 -1/3% OF ALL GROSS RECEIPTS ONLY. THE SUMMARY OF THE LEASE STATED. ABOVE .SHOULD CLARIFY THE COMPUTATION OF LEASE RENTAL SCHEDULE SUBMITTED BY THE CITY'S AUDITORS. THE CITY RECEIVED THE RENT ON BOTH THE WESTERLY AND EASTERLY PORTIONS, THE ADDITIONAL $I,ODO.00, PLUS THE PERCENTAGE OF GROSS RECEIPTS EVERY YEAR THROUGH 1962. IN 1963 AND 1964 THE CITY RECEIVED 33 -1/3% OF MR. BEEKS'S GROSS RECEIPTS. THE $1,094.11 BALANCE DUE THE CITY IS A RESULT OF PROPERTY TRANSFER FEES PAID MR. BEEK BUT NOT REPORTED AS RECEIPTS. MR. BEEK RUNS A CHECK ON BUYERS TO DETERMINE THEIR DESIRABILITY, AND FOR THIS HE RECEIVED 2% OF THE GROSS SELLING PRICE OF THE HOME. IN 1962 A GREAT NUMBER OF SUB LEASES EXPIRED AND SINCE THE FIRST AND LAST YEARS' RENTS WERE PAID IN ADVANCEjTHIS RESULTED IN ONLY $4,355.00 GROSS RECEIPTS FOR THAT YEAR. DISPO;1T10N: ` 'a� DSEP DEVLIN CTi NG ITY MANAGER VR r �aP ry •arE.BEL f.EUaCE .:. tri Sf v..rq fiU9EPrw y GtilF:S c)AEr+t G. tr. NtiL:ry Et.W.aU nP4L F. ..:06Fan SSF_: �Em Fi09EPf'ry FiJnE CEPIt FIED PUBLIC ACCOUNTANTS NEWPORT BEACH, CALIFORNIA 92660 TFIEP,,C,IF 613.68 2 Ai EA ::]L5: /n January 29, 1965 To the Honorable City Council of Newport Beach, California Gentlemen: �En 9£Fti C]' r:. o ry B1. c . 11::> 1. r.., ry .fir E.r:El .rr flf vE N_v rrr r_S LOrvG BE.0 �+ ^�E'w oC`Ri 9E >Ur SnNTG GNM1 )�, CITY MF.I'yF0"T a iF. We have examined the accompanying Computation of Lease Rental from the property commonly known as Beacon Bay for the years 1950 through 1964. Our examination was made to determine the ar,ount of rent receivable by the City for these years as defined in the lease agreement dated January 9, 1950 between the City of Newport Beach, lessor, and J, A. Beek, Carroll B. Beek, Barton Beek, and Joseph Allen Beek, Jr., jointly as lessee. Our examination was made in accord- ance with generally accepted auditing standards, and accordingly included such tests of the lessee's accounting records and such other auditing procedures as we considered necessary in the circumstances. Rental payments under the terms of the lease are based, in part, upon the gross receipts to the lessee from the leasel premises. The lease includes a requirement that any sublease of the devised premises shall contain a provision providing for periodic readjustment of rentals in accordance with a commodity index such as the U,S. Bureau of Labor Statistics Cost of Living Index. Our test of the subleases indicated that they contained such a provision, however, no adjustment of rentals has been made thereunder. In our opinion the accompanying schedule presents fairly the gross receipts of the lessee from the leased property and the amounts of rent due to the City of Newport Beach in accordance with the terms of the lease. C Yours very truly, Year 1950 1951 1952 1953 1954 1955 1956 1957 1958 1959 1960 1961 1962 1963 1964 BEACON BAY LEASE COMPUTATION OF LEASE RENTAL FOR THE YEARS 1950 THROUGH 1964 Westerly portion Easterly portion Annual rent $600.00 600.00 600.00 600.00 600.00 600,00 600.00 600.00 600.00 600,00 600.00 600.00 600.00 � Percentage rent (See below) $617.70 378.95 776.65 539.70 793.45 903050 689.95 975.10 574005 626.00 694.00 811.75 217.75 6,800.83 3,921.33 $19,325.71 Annual rent $350.00 350.00 350.00 350.00 350.00 350.00 350.00 350.00 350.00 350.00 350.00 350.00 350.00 $4,550.00 Percentage rent (See below) $487.50 450.00 450.00 450.00 450.00 450.00 450.00 450,00 450.00 450.00 450.00 450.00 450.00 2,000.00 2,000.00 $9,887_50 Addi - tional Total annual rent rent due $1,000.00 $3,055.20 1,000.00 2,778.95 1,000.00 3,176.65 1,000.00 2,939.70 1,000.00 3,193.45 1,000 no 3,308.50 1,000.00 3,089.95 1,000.00 3,375.10 1,000,00 2,974,05 1,000.00 3,026.00 1,000.00 3,094.00 1,000.00 3,211.75 1,000.00 2,617.75 8,800.83 5,921.33 $13,000.00 $541563.21 COMPUTATION OF PERCENTAGE RENT Westerly portion Gross 5 33 1/3 7 Year receipts rent rent 1950 1951 1952 1953 1954 1955 1956 1957 1958 1959 1960 1961 1962 1963 1964 $12,353.94 $617.70 received 7,-.78.98 by City 378.95 $3,055.20 1i,�32.99 776.65 6000,00 10,794.00 2,781.24 539.70 $395.41 13,869.00 6,000.00 793.45 3,037.45 18,170.00 156.00 908.50 6,000.00 13,799.00 3,169.10 689.95 (79.15) 19,502.00 6,000.00 975.10 2,979.00 11,481.00 (4.95) 574.05 6,000.00 12,520.00 3,094.00 626.00 13,880.00 6,000.00 694.00 2,451.25 16,235.00 166.50 811.75 4,355.00 5,921.33 217.75 20,402.50 11,764.00 $204,237.41 NOTE - According to percentage provisions Rent 7 1/2 7 33 1/3 7. received Balance by City due $3,055.20 6,000.00 2,778.95 6000,00 2,781.24 6,,000.00 $395.41 2,939.70 6,000.00 3,037.45 6,000.00 156.00 2,843.25 6,000.00 465.25 3,169.10 6,000.00 (79.15) 3,380.05 6,000.00 (4.95; 2,979.00 6,000.00 (4.95) 3,026.00 6,000.00 3,094.00 6,000.00 3,211.75 6,000.00 2,451.25 166.50 8,800.83 5,921.33 $53,469.10 $IL094.11 Easterly portion Gross 7 1/2 7 33 1/3 7. receipts rent rent $6,500.00 $487.50 6,000.00 450.00 6000,00 450.00 6,,000.00 450.00 6,000.00 450.00 6,000.00 450.00 6,000.00 450.00 6,000.00 450.00 6,000.00 450.00 6,000.00 450.00 6,000.00 450.00 6,000.00 450.00 6,000.00 450.00 $6,800.83 6,000.00 $2,000.00 3,921.33 6,000.00 2,000.00 $8,603.55 $10L22.16 $90,_500.00 $51887.50 $4 000.00 the provisions of the lease, commencing in 1963 the rentals were increased to 33 1/3 percent with no for minimum rents.