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HomeMy WebLinkAbout15 - Lease Agreement with Newport Harbor Lawn Bowling AssociationI • • Item 15 35) June 8, 1998 COMMUNITY SERVICES DEPARTMENT Arts & Cultural - Libra Recreation ' Seniors BY 7F CITY COUNCIL T e Library CITY OF NEUJPCRT E„� %.'i ` To: Mayor and Members of City Council From: LaDonna Kienitz, Community Services Director /City Librarian Re: Lease Agreement with Newport Harbor Lawn Bowling Association RECOMMENDATION Approve the attached lease between the City and the Newport Harbor Lawn Bowling Association for the Club's use of that portion of the San Joaquin Hills Park devoted to the sport of lawn bowling. BACKGROUND The Newport Harbor Lawn Bowling Association have leased from the City since 1973, an area of San Joaquin Hills Park for use as Lawn Bowling Greens. Before 1973, the Club had leased from the City since 1959, greens for lawn bowling near what is now Veterans Parks on the Peninsula. The City and the Club have had a good relationship under the current lease which expires June 30, 1998. This partnership with the Club has enabled the City to provide a lawn bowling program for residents at a low cost. City staff and Club officers have met throughout the past months to establish terms for a renewed 25 -year lease. The basic terms, which are similar to those in the past agreement, include: • Term of 25 years. • Use of Clubhouse by the City, if not used by Club. • External Maintenance of the Clubhouse by the City. • Internal Maintenance of the Clubhouse by the Club. • Costs for Water paid by the City. • Care of Bowling Greens, by the Club, assisted by payment of $750 per month, ($9,000 annually) from the City. This is an increase of support from $6,000 to $9,000 annually. The City has assisted in the high costs of care of the greens, by payment of $500 per month. This year outside funding to the Club from the Joslyn Fund of $22,100 annually, ceases. The Club has requested additional assistance from the City to continue the lawn bowling program. The new lease was approved by the Parks, Beaches and Recreation Commission on June 2, 1998; and by the Board of Directors of the Club. Attachment 0 AGgEEMENI This AGREEMENT is made and entered into this _day of—, 1998, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and NEWPORT HARBOR LAWN BOWLING ASSOCIATION, a nonprofit corporation, (hereinafter referred to as "ASSOCIATION "). WjjNESSEIH: WHEREAS, that portion of the San Joaquin Hills Park devoted to the sport of lawn bowling which includes a clubhouse facility and bowling greens (hereinafter referred to as the "Premises ") was leased to the ASSOCIATION for a period of twenty- five (25) years commencing July 1, 1973; and WHEREAS, the Parties desire to lease the Premises to ASSOCIATION for an • additional period of twenty-five years commencing July 1, 1998; and WHEREAS, the ASSOCIATION has agreed to maintain the bowling greens in good condition and repair and CITY has agreed to fumish all water necessary for maintenance; and WHEREAS, in 1973 ASSOCIATION assigned and transferred to CITY all its interest in the clubhouse and all other buildings, facilities and improvements on the Premises; and WHEREAS, it is desirable and necessary that the clubhouse facility be maintained in proper repair and be utilized in a manner which would benefit the citizens Of CITY. 11 -1- a' s E 0 NOW THEREFORE, in consideration of the Lease of the Premises, it is mutually agreed by and between the Parties hereto as follows: 1. CITY leases to ASSOCIATION Premises and all appurtenant facilities, and improvements as shown on Exhibit "A" under the terms and conditions as set forth in this AGREEMENT. 2. The term of this AGREEMENT shall be twenty -five (25) years beginning July 1, 1998 and shall terminate June 30, 2023 unless otherwise terminated as provided in this AGREEMENT. 3. The clubhouse facilities shall be for the primary use of ASSOCIATION to operate a lawn bowling facility for the benefit of its members, CITY and its citizens. During those periods when the clubhouse is not being utilized by ASSOCIATION, the clubhouse shall be available to civic, cultural and educational groups within the CITY in accordance with the CITY's Facilities Use Policy.. All requests to use the clubhouse facility shall be directed to ASSOCIATION for scheduling. The CITY's Community Services Director shall resolve any dispute as to the availability or the scheduling of the clubhouse. CITY may reserve the use of the clubhouse for any proper municipal purpose, provided reasonable notice has been given to ASSOCIATION of CITY'S intent to use the facilities and provided such use does not significantly conflict with the activities of ASSOCIATION. The public restrooms located in the clubhouse, which take their access from outside the building, shall be open to the public at such times as CITY determines proper. 1] -2- 3 0 0 4. ASSOCIATION shall be responsible to maintain the interior of the clubhouse and appurtenant facilities in good repair, to the satisfaction of the CITY'S Community Services Director. CITY shall be responsible to maintain and repair the exterior of the clubhouse and appurtenant exterior facilities, such as benches and concrete sidewalks. CITY shall also maintain those public restrooms which take their access from outside the clubhouse building. Whenever the clubhouse facility is used by any other group other than the ASSOCIATION, the group shall be responsible for cleaning the facility after its use and for the repair of any damages occurring during the use by the group. A deposit to insure that this cleaning or repair takes place may be required by the ASSOCIATION with the approval of CITY. ASSOCIATION shall be responsible for the repair of any damage caused by its members or their guests. Any damage caused by members of other groups using the clubhouse facilities shall be 0 repaired at the expense of those groups. CITY shall be responsible for all other damage caused by CITY's use of the clubhouse. Use of the maintenance shed adjacent to the clubhouse facilities shall be shared on an equal basis by ASSOCIATION and CITY. Each party shall be equally responsible for the interior maintenance and repair of the maintenance shed. 5. All persons who conform to the following rules and regulations established by ASSOCIATION and approved by CITY, shall be permitted to use the bowling green facilities. Any amendment to these Rules and Regulations shall be approved by CITY prior to implementation. -3- 0 t� E E 0 a. Any person who is an experienced lawn bowler may use the bowling greens under playing conditions which have been established by ASSOCIATION for all players. Persons who are not experienced lawn bowlers shall not use the greens without prior approval by ASSOCIATION. A competent instructor furnished by the ASSOCIATION shall instruct beginners prior to their use of the greens, and a fee may be assessed for this instruction. b. The days and hours during which play shall be permitted on the greens shall be established by ASSOCIATION with due regard for the condition of the soil and the grass. Use of the greens shall not be permitted at times other than those approved by ASSOCIATION. c. Any person desiring to participate in lawn bowling shall apply for membership in ASSOCIATION and pay the established ASSOCIATION fees and dues. d. Priority of application to ASSOCIATION shall be the determining rule in placing persons in games on ordinary play days. Special consideration shall be given to tournament or visiting players with membership in another lawn bowling association. e. Unusually loud language shall not be permitted on the facilities. f. Rules of play as established by the American Lawn Bowling Association shall prevail except when modified by local rules or conditions. 6. ASSOCIATION shall maintain and shall be responsible for the • maintenance of the bowling greens. The greens shall be maintained in good condition -4- 1�1.. 0 0 and repair. CITY shall at its own cost, furnish all water necessary for this maintenance 0 of the bowling greens. ASSOCIATION shall furnish at its own expense all necessary fertilizer and other supplies and equipment to maintain the bowling greens. 7. CITY agrees to pay to ASSOCIATION the sum of seven hundred fifty dollars ($750.00) per month to maintain the bowling greens. CITY and ASSOCIATION agree that this amount will be re- negotiated every five (5) years. 8. Any and all fees, dues or other funds collection by ASSOCIATION shall be used to defray the cost of maintaining the facilities and for such other activities related to the sport of lawn bowling as ASSOCIATION deems to be proper. CITY may inspect ASSOCIATION'S books upon request during normal business hours. 9. ASSOCIATION shall provide at its own expense and through insurance . companies approved by CITY the following insurance coverage: a. General Comprehensive Commercial Liability Insurance in the minimum amount of one million dollars ($1,000,000.). The insurance policy shall name CITY as co- insured and shall provide annual Certificates of Insurance which shall protect CITY from any and all liabilities, suits and judgments arising from ASSOCIATION'S use and maintenance of the Premises during the entire term of this AGREEMENT. b. Appropriate Workman's Compensation Insurance coverage for any individual who is employed by ASSOCIATION to maintain clubhouse facilities. -5- 0 /n 0 0 0 10. CITY shall maintain adequate fire and casualty insurance for the clubhouse facility. 11. a. ASSOCIATION shall indemnify, defend and hold harmless CITY from all claims, injuries, damages, losses, cost or expense, including costs of defense, arising out of, or in any way related to ASSOCIATION's use of the Premises and maintenance performed by ASSOCIATION or any of its agents pursuant to this Agreement. b. CITY shall indemnify, defend and hold harmless ASSOCIATION from all claims, injuries, damages, losses, cost or expense, including costs of defense, arising out of, or in any way related to CITY's use of the Premises and maintenance performed by CITY or any of its agents pursuant to this Agreement. 12. ASSOCIATION agrees that it shall not assign, mortgage, or hypothecate its interest under this AGREEMENT, nor shall it let or sublet the whole or any part of the facilities described herein, and any attempt to do so shall be void. This Agreement, or any interest therein, shall not be transferable by operation of law by reason of any bankruptcy, insolvency or receivership proceedings or attachment, execution or other judicial process or sale by or against ASSOCIATION. 13. Any and all improvements placed upon the Premises by ASSOCIATION which are in the nature of fixtures shall remain upon the Premises until the termination of this AGREEMENT and shall become the property of CITY. ME V� 0 0 14. At all times during the term of this AGREEMENT CITY shall have the right . to enter upon the Premises for the purpose of making such inspections as CITY may elect. 15. The Parties agree that CITY shall be responsible for any and all taxes assessed against the clubhouse facility itself. 16. This AGREEMENT represents the complete understanding between the Parties with respect to matters set forth herein; and no amendment or modification to this AGREEMENT shall be valid unless evidenced in writing and signed by the Parties hereto. 17. ASSOCIATION further agrees that in the use of the clubhouse facilities, it shall comply with all Federal, State, County and CITY laws, ordinances, statutes, rules and regulations relating thereto. 18. It is further mutually agreed by and between the Parties that should ASSOCIATION fail to perform any of the covenants, conditions or provisions of this AGREEMENT ASSOCIATION has agreed to perform, and such default not be remedied within ten (10) days after written notice, CITY may declare this Agreement terminated in whole or in part without further notice to ASSOCIATION. However, if the nature of ASSOCIATION's default is such that more than ten (10) days are reasonably required for its cure, then ASSOCIATION shall not be deemed in default if ASSOCIATION commenced to cure within ten (10) day period and thereafter diligently pursued the cure to completion. -7- 9 0 If this AGREEMENT is terminated due to ASSOCIATION's default, CITY may at its option and without notice or demand to ASSOCIATION or any other person reenter and take possession of the Premises. IN WITNESS WHEREOF the parties hereto have set their hand the day and year as is first above written. APPROVED AS TO FORM: Robin L. Clauson Assistant City Attorney ATTEST: City Clerk i edan8/98 F:1cat%Ag W Hlawnbowlingk=898.doo CITY OF NEWPORT BEACH Thomas Cole Edwards, Mayor NEWPORT HARBOR LAWN BOWLING ASSOCIATION 2 By:. 0 Rita Thompson, President Blair Lord, Director John Amies, Chairman Negotiation Committee IE In co), 60S.Swe ac*t*G.:Gfta" ,41 rjrElq A" -AILS .; I : , I I