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HomeMy WebLinkAboutF-8a - Joint Lease of the Former West Newport Library BuildingCITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER wwc�iL March 9, 1981 Cl'fy •ti. ~..:� /110RT 8FAQJ TO: MAYOR AND CITY COUNCIL FROM: Assistant to the City Manager SUBJECT: JOINT LEASE OF OF THE FORMER WEST NEWPORT LIBRARY BUILDING Background COUNCIL AGENDA ITEM NO, F -8(a) On July 14, 1980 the City Council approved the joint leasing of the former West Newport Library by the Balboa Power Squadron and the Friends of the Library. A copy of the lease is attached (Att. 1) . On January 12, 1981 the Council considered a recommendation by the Board of Library Trustees that the above referenced lease be terminated and that the building be returned to operation under the Library Department as a permanent storage facility. The Friends, according to this recommendation,'would continue to occupy space in the building for their needs. The Board's recommendation was continued until the Council meeting on January 26, 1981, at which time it was referred to staff for study and report back. Discussions Concerning.Joint Use Several meetings and discussions have been held involving the affected parties with respect to resolving the situation in a mutually satisfactory manner. In a letter dated February 5, 1981 (Att. 2), the Balboa Power Squadron outlines a program for continuing joint use involving itself, the Friends and the Library Department. In a letter dated February 17, 1981 (Att. 3), the Board of Library Trustees expressed support for the continuing joint use concept suggested in the Power Squadron letter of February 5. The Friends of the Library have also expressed support for the above referenced joint use concept. With respect to the storage needs of the Library Department,.the City Librarian has submitted the attached inventory (Att. 4). It can be seen from this inventory that those items requiring regular accessibility by the Library Department (Accessible Storage) can be accommodated at the West Newport site. In addition, however, a total of approximately 297 square feet of "Inactive" storage space is also deemed as required. This section of the inventory represents items currently located at the Newport Center Branch only. The City Librarian is in the process of examining the long range storage needs of the entire branch system. TO: MAYOR AND CITY COUNCIL - Page 2 Due to the fact that the total amount of currently identified library storage space deemed necessary has been reduced as a result of accommodations made in the joint lease arrangement, it may now be possible to locate adequate storage space, at least for immediate needs, in existing City facilities. As an alternative, should this not be`'the case, the possibility of auctioning, or otherwise disposing of items deemed surplus, remains as an alternative to be explored. Finally, of course, some combination of techniques to accommodate or reduce the Library's storage needs could be jointly pursued. Conclusion In conclusion, based upon the above discussion, it is suggested that the joint use of the former West Newport Library be main- tained in accordance with the lease and with the provisions of the Balboa Power Squadron letter of February 5, 1981. Additionally, this office, in cooperation with the Purchasing Agent, will continue to work with the Library in attempting to accommodate remaining storage needs. GEY J. BOffNT AsIsista the City Manager GJB;mm Attachments (4) xc: City Manager City Librarian Board of Library Trustees, c/o Mary Richmond Friends of the Library, c/o Anita Ferguson Balboa Power Squadron, c/o Robert Sanregret 3/9/81 A ACHMENT 1 J O I N T L E A S E THIS LEASE, made and entered into this day of 1980, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY," and the FRIENDS OF THE NEWPORT BEACH PUBLIC LIBRARY, a California non-profit corporation, hereinafter referred to as "FRIENDS," and BALBOA POWER SQUADRON, a California non-profit corporation, hereinafter referred to as "SQUADRON": W I T N E S S E T H• A. City holds title to the real property and building located at 6000 West Coast Highway, Newport Beach, California. B. Friends and Squadron are non-profit corporations organ- ized under the General Non-profit Corporation Law, Title 1, -Part 1, Division 2, of the Corporations Code of the State of California, for the principle purpose of promoting, coordinating and programming volunteer organizations of a charitable nature, so that .community services may be continuously supplied with capable volunteer workers. C. Friends and Squadron have requested that City enter into a joint lease with Friends and Squadron for the above- described property to be used for office space, classes and programs of a recreational and community service nature, as well as book sorting, storage, and upon approval, book sales, which are sponsored by said Friends and Squadron. D. City proposes to lease to Friends and Squadron the premises described herein, and Friends and Squadron are willing to accept lease on the terms and conditions herein set forth. NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, IT IS AGREBD as follows: Page 1 of 9 1. DESCRIPTION OF LEASED PREMISES City hereby leases, and Friends and Squadron do hereby accept a lease of the property and building located at 6000 West Coast Highway, Newport Beach, California, more particularly des- cribed as Lots 16 and 17, Block 160 of River Section, Newport Beach, California, as shown on a map thereof, recorded in Book 4, Page 25, Miscellaneous Maps, Records of Orange County, California. 2. TERM The term of this Joint Lease shall be from year to year commencing on the date of execution of this Joint Lease, unless sooner terminated in the manner hereinafter provided. 3. RENTAL , Friends and Squadron shall pay to City, and City shall accept as rental for said described premises, the sum of Two Hundred Dollars ($200.00) per month, payable on the first day of each and every month from the date of execution of this Joint Lease, so long as this Joint Lease remains in effect. 4. USE Friends and Squadron shall use the premises and the building thereon for the purpose of book storage and sorting, office space,and the operation of programs and classes relating to recreation, reading, safe boating, and similar community service functions. 5.. TYPE OF BUSINESS ACTIVITY Friends and Squadron shall not grant any concession, license, permit or privilege for the conduct of any business or other operation for profit or alter the use or type of service on the premises without the prior approval of the City Manager. Page 2 of 9 j� 6. SUPE _jOR� CONTROL ✓ City retains the power to exercise supervisory control over the use and operation of the leased premises by Friends and Squadron, with ,the right to enforce such rules, regulations, and orders as may be necessary in order to obtain compliance by Friends and Squadron with the terms and conditions contained herein. Friends and Squadron agree to comply with any such rules, regulations, or orders. Any breach by Friends or Squadron of the terms and conditions of this Joint Lease shall constitute grounds for termination. 7. UTILITIES AND MAINTENANCE Friends and Squadron shall promptly pay for all utility services fuKnished to it, such as gas, telephone, and electricity, as well as provide for the day-to-day maintenance and repair of the building, such as replacing light bulbs, broken windows, and paper towels. Maintenance.shall include providing custodial services. Friends and Squadron shall determine their proportionate share of said utilities and maintenance responsibility. 8. REPAIR AND REFURBISHING OF BUILDING The subject building is in need of certain repairs and refurbishing, including, but not necessarily limited to, repair of the roof, rewiring of the air conditioning unit, installation of carpeting, and painting. The cost of any and all such repair and refurbishment deemed necessary by Friends and Squadron shall be borne directly and completely by the Friends and Squadron. Friends and Squadron shall determine their proportionate share of said costs. 9. INSURANCE - HOLD HARMLESS Friends and Squadron shall save and keep City, its officers, agents, and employees free and harmless from any and all claims or demands of any name or nature whatsoever arising out of, Page 3 of. 9 or incident to, the use and occupancy of the premises herein described by Friends and Squadron. In partial performance of this obligation by Friends and Squadron, each shall procure and at all times during the term of this Joint Lease shall 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 Three Hundred Thousand Dollars ($300,000.00) combined single limit, subject to approval as to form by the City Attorney. The City Manager may require an increase in the amount of insuranpe from time to time in accordance with changes in economic conditions. Attached to said policy, or policies, shall be an endorsement which shall provide as follows: "Within the limits set forth in this policy, to indemnify and save the City of Newport Beach, its officers, agents and employees, free and harmless from all damage, claim, loss or liability of any name or nature whatsoever which the City of Newport Beach, its officers, agents or employees may hereafter sustain or incur, or may be imposed upon them arising out of, or in any way connection with, the use or occupancy by the insured, its servants, agents and employees, of the premises described in a lease granted to insured by the City of Newport Beach." Friends -and Squadron shall each furnish, and maintain with City, either the original policy, or policies, or a certified copy, or copies, thereof. The policy, or policies, shall be approved as to sufficiency by the City Manager and to form by the City Attorney. Page 4 of 9 10. CITY'S RIGHT OF INSPECTION City reserves the right by its authorized agents, employees or representatives to enter the leased premises to inspect the same or any part thereof at any time and to attend to or protect the City's interest under this Joint Lease. 11. COMPLIANCE WITH LAWS Friends and Squadron 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 leased premises or the business, enter- prises or activities conducted thereon. 12. ASSIGNMENT Friends and Squadron shall not assign, transfer, sublease or give any grant of control of this Joint Lease or leased premises, or any part thereof, either voluntarily or involuntarily, unless first .approved by the City Council. 13. NON-COMPLIANCE If the Friends or Squadron fails to comply with any of the terms and conditions of this Joint Lease, the City may give to Friends or Squadron a notice in writing of such failure and specify therein the particulars in which Friends or Squadron has filed to comply with the provisions of this Joint Lease. If the Friends or Squadron fails for a period of ten (10) days after the giving of such notice to comply with the provisions of this Joint Lease, the City may, at its option, terminate this Lease, and all rights of the Friends or Squadron shall cease and terminate and the Friends or Squadron shall immediately thereafter deliver possession of the premises to the City. Page 5 of 9 j2 1(--"" S_)ER OF PREMISES UPON EXPIR .:OY .,RMINATION C/ Upon the expiration of the term of this Joint Lease or sooner termination thereof as herein provided, Friends and Squadron shall deliver possession of said leased premises to City in the same condition as delivered to Friends and Squadron, 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 or termination of this Joint Lease, any additions or improvements made upon the leased premises shall become the property of the City unless removed in their entirety by Friends and Squadron within ninety (90) days of said expiration or termination. 15. DEFAULT AND AND TERMINATIO kF LEASE A. Default Time and each of the terms, covenants and condi- tions hereof are expressly made the essence of this Joint Lease. If the Friends or Squadron fails to comply with any of the terms, covenants or conditions of this Joint Lease, inclu- ding 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 City 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 Friends or Squadron shall abandon or vacate the leased premises, City may, at its option, and Iwithout further notice or demand, terminate this Joint Lease as to the offending party, enter upon the leased premises and take possession thereof, and remove any and all persons therefrom with or without process of law. City agrees to offer to the remaining, non - offending lessee the right of first refusal in continuing to lease the subject premises. Page 6 of 9 9 B. Termination City, Friends and Squadron each respectively reserves the right to terminate this Joint Lease for any reason and at any time by giving the other party sixty (60) days prior written notice of its intention to terminate. The remaining lessee shall be given the right of first refusal in continuing to lease the subject premises. C. Surrender of Possession Upon Termination Friends and Squadron covenant and agree that upon the expiration or sooner termination of this Joint Lease, each will peaceably surrender the leased premises with all building and improvements in the same condition as when received or constructed, reasonable use and wear thereof, and damage by fire, Act of God, or by the elements excepted. Friends and Squadron expressly waive any right which it may have to relocation assistance or costs in vacating the leased premises. Any improve- ments built, constructed or placed upon the leased.premises by them, or anyone holding by, under, or through it, shall remain on the leased premises and become the property of the City without any cost to City upon the termination of this Joint Lease, whether by lapse of time or by reason of default, unless the Friends or Squadron elects to remove said improvements within sixty (60) days following said expiration or termination. D. Remedies Cumulative The rights, powers, elections and remedies of the City contained in this Joint 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 City's right to exercise any other. Page 7 of 9 E � NC-�-_ver No delay or omission of the City to exercise any right or power arising from any omission, neglect or default of either 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 Friends or Squadron or any acquiescence therein. No waiver of any breach of any of the terms, covenants, agreements, restrictions or conditions of this Joint 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 Joint Lease. 46 F. Holding Over It is mutually agreed that if the Friends or Squadron shall hold over after the expiration of this Joint Lease for any cause, such holding over shall be deemed a tenance from month-to-month only, and upon the same terms, conditions and provisions of this Joint Lease. 16. NOTICES It is mutually agreed that any notice or notices provided for by this Joint Lease or by law, to be given or served upon the Friends and Squadron, 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, 3300 Newport Boulevard, Newport Beach, California 92663, or at such other address as may be hereafter furnished to the said lessees in writing; and if intended for the Friends or Squadron, addressed to either the -Friends or Squadron, 6000 West Coast Highway, Newport Beach, California 92663, or at such other address as may be hereafter furnished to the City in writing; or it may be served personally upon any corporate officer of either Friends Page 8 of 9 or Squadron or person charged with general management.responsi-• bilities in connection with the leased premises; and that any notice or notices provided by this Joint Lease or by law to be served upon City may be served personally upon the Mayor of the City of Newport Beach or the City Clerk of said City. Such service 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 Joint Lease as of the day and year first above written. ATTEST: C.tty Clerk APPROVED AS TO FORM: City Attorney CITY OF NEWPORT BEACH By Mayor FRIENDS By BALBOA POWER SQUADRON By Page 9 of 9 CITY FRIENDS SQUADRON 7/3/80 GJB/jm.b IZ FV r-"\ BALBOA POWER SQUADRON A UNIT OF UNITED STATES POWER SQUADRONS February 5, 1981 Mrs.,Mary Richmond ' N.B. Library Board of Trustees City of Newport Beach 856 San Clemente Dr. Newport Beach, CA 92660 ATTACHMENT 2 Re: Joint use of 6000 West PCH Building by the Balboa Power Squadron (BPS) and Newport Beach Library. Dear Mrs. Richmond: Relative to the above, it was a pleasant meeting with you and the "Friends of the Newport Beach Library" on Tuesday to dis- cuss our joint use of the building. We are confident that joint use can be worked out on a continu- ing basis, along the lines specifically discussed between us, which I shall attempt to outline as follows: (a) Library con- tinues exclusive use of the long room along the front of build- ing; (b) BPS continues use of their 2 smaller offices on the NW side of building; (C) Library puts up bookshelves along 3 walls of the large "classroom", which I understand is being done today, including possible closing up of the opening.be- tween the 2 main rooms; (d) joint use of the 2 large main rooms and of the rear storeroom. As you know, the BPS use consists of classes 4 nights per week from 7 to 10 P.M., plus occasional use of the offices for meet- ings, filing and equipment storage. Since we each contemplate limited non-public uses, I feel that we will succeed in our cooperative joint use, including the more intensive use by the "Friends" from now through their May book sale. I would hope that this rather efficient and product- ive joint use by BPS and the Library could continue into the future. ;'Plea ree to call ane if you have_.questions. e u ours- ROBERT A. SANRECRET Attorney at Law 1800 N. Broadway, Ste. 200 V Santa Ana, CA 92706 �t �� I etOffice: 547-8451 ' S/ s Bob & Barbara Sanregret 721 Bellis Street Newport Beach, CA 92660 Residence: 644-0195 P. O. BOX 1603. NEWPORT BEACH. CALIFORNIA 92663 43 ATTACHMENT 3 NE'Vv2GRT BEACH PLjJL.,C LIBRARY Administrative Offices: 856 SAN CLEMENTE DRIVE e NEWPORT BEACH, CA 92660 • (714) 640-2140 February 17 , 1981 Mr. Robert A. Sanregret, Secretary Bal boa Power Squadron P.O..-Box 1603 Newport Beach, California 92663 Dear Mr. Sanregret: Thank you for your letters of February 5 and 6 regarding the joint use of the building at 6000 Pacific Coast Highway, Newport Beach by the Balboa Power Squadron, Newport Beach Public Library and the Friends of the Library. The Newport Beach Board of Library Trustees agrees with the schedule as outlined in your letter of February 5, which should work out efficiently and'well for all concerned. Sincerel ,C aryRichmond, Chairman --; Newport Beach Board of Library Trustees MRL: mt X/ 0i _a MAR 0 3 1981 c` MANAGER 4 U� MY Of N�►roRi RAM BRANCH 1-I139A.IZIES BALBOA BRANCH CORONA DELUAR 13RANCH MARINERS BRANCH NR%'PORTCENTFEZ F)RANCIFI 100E. Balboa L'lvd. 420Marigold Ave. 2005 Dover Dr. 556 San Clemente Dr. Balboa, 92661 Corona Del Mar, 92625 Ne;vport Beach, 92•S6J Newpoc i Beach, 92660 640-2241 610-2191 640-2141 640-2.246 AATTACHMENT 4 CITY OF NEWPORT BEACH LIBRARY DEPARTMENT FEBRUARY 27, 1981 TO: Gerry Bolint, Assistant to the City Manager FROM: Judy Clark, City Librarian SUBJECT: LIBRARY STORAGE As per your request, below is a list of materials from Newport Center facility requiring storage: ACCESSIBLE STORAGE - These items can be stored at the West Newport Library space that is now available to the Library Department. Books, last in system copies Extra periodical range and shelves. 4 Blue cube seats. 1 Puppet stage. 1 Poster machine (3 large boxes) 1 Box blueprints. 2 Boxes of accoustical ceiling material. 4 Packages ceiling panels, 4"x2'x4'. 1 Box light covers, 6'x24'x2-1/3'. 1 Stack folded boxes. Carpet samples 2 Boxes flourescent lights. Holiday decorations 1 Table, 3'x7' INACTIVE STORAGE - For the items listed below, we will need 297 sq. ft. at the present time. 1 File cabinet, 2 letter drawers & 2 card drawers 1 Mobile file cabinet, single. 2 -Desks. 2 Desk chairs. 2 Wooden card files, 2 drawer 4 Metal card files, 2 drawer 1 Box metal shelf tags. 1 Box wooden trays. J5 INACTIVE STORAGE (cont.) 3 File cabinets, 2 legal 5 drawer, 1 legal 4 drawer. 1 Storage Counter, 3'x72'. 1 File cabinet, 2 drawer, legal. 1 Typewriter table. 1 Wardrobe closet, 12'x3'x6'. 1 Desk. 1 Desk chair. *2 Steelcase desks. *2 Executive chairs ,with arms. *1 Secretary chair, without arms. *1 Typing table. *7 Desks. *9 Chairs. *2 Files, 5 drawers, legal *2 Files, 2 drawer, legal 1 cabinet, no drawer, 18"x19"x20" 1 Standing file, one drawer. 7 Files, 2 drawer, for 46 - 3x5 cards *4 Typing tables. *3 Bookcases, 2 shelf, 27"x29"03". *2 Tables, 30"x60". *2 Shelving units, 18"x83"x96", extra pieces of shelving. *2 Microfiche readers. 1 Table, 32'x22' sq. The above listed items are from the Newport Center facility only due to the impending arrival of new furniture from the 1980-81 budget and probable replacements in the 1981-82 budget. Those items with an asterisk are contingent on receiving the funds to replace them on the 1981-82 budget. The storage needs of the total department have not been evaluated at this time since the need has been for immediate storage.