HomeMy WebLinkAbout06 - Lease Agreement with Newport Ridge Community Association to Develop, Operate and Maintain Pickleball Courts at Newport Ridge ParkQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
May 24, 2022
Agenda Item No. 6
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Sean Levin, Interim Recreation and Senior Services Director - 949-
644-3159, slevin@newportbeachca.gov
PREPARED BY: Justin Schmillen, Recreation and Senior Services Manager
jchmillen@newportbeachca.gov
PHONE: 949-644-3160
TITLE: Lease Agreement with Newport Ridge Community Association to
Develop, Operate and Maintain Pickleball Courts at Newport Ridge
Park
The sport of pickleball has grown in popularity in Newport Beach and around the country
in recent years. The City of Newport Beach (City) has four pickleball courts for public use
and due to the increase in demand from residents, an opportunity to add a new pickleball
courts complex has been identified at Newport Ridge Park. Following the City Council's
November 2021 approval of authorization to apply for grant funds from the State of
California for park development, a lease agreement was negotiated with Newport Ridge
Community Association (NRCA), and is submitted for the City Council's consideration.
The lease will allow the City to use a portion of Newport Ridge Park to develop eight
pickleball courts, with six courts maintained and operated by the City to meet the public
demand for more courts, and the remaining two courts to be maintained and operated by
N RCA.
RECOMMENDATION:
a) Determine this project is categorically exempt from the California Environmental
Quality Act (CEQA) pursuant to Sections 15301 and 15303 under Class 1 (Existing
Facilitates) and Class 3 (New Construction or Conversion of Small Structures),
respectively, of the CEQA Guidelines, California Code of Regulations, Title 14,
Division 6, Chapter 3, because it has no potential to have a significant effect on the
environment. The exceptions to the Class 3 categorical exemption under Section
15300.2 are not applicable;
b) Authorize the City Manager and City Clerk to execute a 30-year Lease Agreement by
and between the Newport Ridge Community Association and the City of Newport
Beach for the Development, Operation, and Maintenance of Pickleball Courts
Complex at Newport Ridge Park (Lease) (Attachment A), in a form substantially similar
to the agreement prepared by the City Attorney; and
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Lease Agreement with Newport Ridge Community Association to Develop, Operate,
and Maintain Pickleball Courts at Newport Ridge Park
May 24, 2022
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c) Review and approve the Conceptual Design (Attachment B) and direct staff to proceed
with final construction documents.
DISCUSSION:
Pickleball continues to rise in popularity among Newport Beach residents, maintaining its
reputation as one of the fastest growing sports in the country. In fall 2017, the City
constructed four dedicated Pickleball courts at Bonita Canyon Sports Park Field #6 to
meet the community need and growing interest in the sport. As the sport continues to
gain momentum as a mainstream recreational activity, the outdoor courts at Bonita
Canyon Sports Park have become heavily impacted and do not meet the increasing
demand for available court time. Adding new courts in the City would fulfill the public need
for more open court times and could also support recreational programs such as league
play, group/private lessons, and tournaments for all skill levels and ages.
NRCA approached the City to partner in the development of pickleball courts at Newport
Ridge Park, a 11.32-acre private park site located at 6331 Newport Ridge Drive in the
Newport Coast area of the city. The park is owned and managed by NRCA, the
homeowner's association for the Newport Ridge housing development, and presents itself
as the most viable park location in the City that meets important site conditions:
1. Distanced from homes to diminish noise impact from pickleball play.
2. Existing parking that is sufficient to support the new recreational amenity.
3. Does not displace or impact any existing recreational programs.
Project Design
In June 2021, the Parks, Beaches & Recreation Commission (PBR) appointed three
commissioners to serve on the Newport Ridge Park Pickleball Courts Ad Hoc Committee
to assist with conceptual design and community outreach. The Ad Hoc Committee, NRCA
Board Members, the Recreation & Senior Services Department, and the Public Works
Department have worked collectively to develop plans for the eight unlit courts, which will
be located along the eastern edge of the park, adjacent to the City -owned Newport Coast
Community Center parking lot, and other various associated site amenities.
All of the courts are designed to USA Pickleball Association (USAPA) specifications and
the site will be furnished with shaded viewing areas, benches, trash cans, a bike rack and
a bottle filling station. The two northern most courts will be fitted with a key fob system for
NRCA resident access. The existing Newport Coast Community Center parking lot
(120 spots) and restrooms will be utilized to support public use of the site. NRCA
Pickleball players will access the courts by utilizing the community association parking lot
and restrooms along the western edge of the park. The closest home to the proposed
pickleball courts is approximately 340 feet away and located on the opposite side of San
Joaquin Hills Road, south of the courts. The closest home east of the courts is
approximately 650 feet away and the closest home on the west side is over 670 feet
away, and both are elevated significantly higher than the park. Undeveloped open space
and Highway 73 provide over a mile buffer from homes to the north.
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Lease Agreement with Newport Ridge Community Association to Develop, Operate,
and Maintain Pickleball Courts at Newport Ridge Park
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In December 2021, the Conceptual Designs included in Attachment B were presented to
PBR and the Commission voted to approve and forward design plans to City Council for
final approval.
On March 31, 2022, NRCA Board of Directors notified their membership about the project,
including the design parameters and received no opposition to the project. A copy of the
notice is included as Attachment C.
Project Costs
Preliminary design and construction estimates are projected to be $1,000,000 and funds
are included in the FY 2021-2022 Capital Improvement Project budget. The City of
Newport Beach has also been awarded Per Capita and Urban County Per Capita Grant
Funds in the amount of $177,952 and $53,284, respectively, and the grant funds are
committed to the development of pickleball courts at Newport Ridge Park, and were
previously approved by Council in November 2021 (Attachment D) and will supplement
the budgeted CIP funds.
Project Entitlements
On April 29, 2022, pursuant to PA2022-091 (Attachment E), the Community Development
Director approved Staff Approval No. SA2022-003, allowing conversion of a portion of an
existing baseball field into eight outdoor pickleball courts, finding the proposed
development is consistent with all applicable provisions of the zoning code, does not
change the total square footage or operational characteristics of Newport Ridge Park,
and provides new park amenities with portions designated for public use.
Previously, the County of Orange authorized Newport Ridge Park under Site
Development Permit No. PA95-0043 before the property's annexation into the City of
Newport Beach in 2000. The Site Development Permit allowed the development of a local
park and related park amenities. Condition of Approval No. 3 in PA95-0043 authorizes
changes to the approved plan, including location and alteration of any use or structures,
provided the change complies with the provisions and spirit and intent of the approval
action and that the action would have been the same for the changed plan as the
approved plat plan. In this case, the proposed change involves altering an existing
baseball field to accommodate eight pickleball courts. Pickleball is an increasingly popular
sport and is a common recreational amenity in parks today. A pickleball court could have
been part of the original plan based on the sport's current popularity. As a result, altering
the existing baseball field to accommodate pickleball courts complies with the original
approval's provisions, intent, and spirit.
Lease Agreement
Following is a summary of the proposed Lease terms
1. The initial term is 30 years, with two automatic five-year options to extend, unless
not renewed by the City, or terminated earlier as provided by the Lease.
2. In consideration of the City's use of the land, the City will fund design and
construction for eight courts and maintain and operate six courts for public use,
with dedicated use of the two remaining courts for NRCA.
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Lease Agreement with Newport Ridge Community Association to Develop, Operate,
and Maintain Pickleball Courts at Newport Ridge Park
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3. NRCA may, by following the standard application process and payment of fees,
obtain a Special Event Permit to reserve the City's public courts for special events.
4. City may, with no less than 90 days prior written notice, reserve the NRCA courts
for public events. City events may not exceed two per quarter or 16 days in a
12-month period.
5. Each party is responsible for the regular cleaning, maintenance and repair of their
respective courts.
6. City shall be responsible for maintenance, repair and/or replacement of the playing
surfaces, fencing, windscreens, and the outer improvements of the pickleball
courts complex like the immediately adjacent sidewalk and landscaping.
7. After the City's initial installation, NRCA shall be responsible for the ongoing utility
service costs for the courts.
8. City has a first right of refusal to purchase the property should NRCA decide to
transfer its ownership of the property.
9. NRCA shall be responsible for any property taxes levied or assessed against the
property, including any changes in value resulting from the project.
10.If the Lease is terminated early, NRCA shall reimburse the City for a prorated
amount of the cost of the improvements, based on a 30-year amortization
schedule.
11. Construction must commence before December 31, 2023, and must be completed
by December 31, 2024.
The Lease has been reviewed by the City Attorney's Office and has been approved as to
form. NRCA has agreed to the terms of the Lease and executed the document.
FISCAL IMPACT:
The adopted Capital Improvement Program includes sufficient funding for the project and
is in the Facilities Financing Plan. Fund sources are General Fund and State grant funds
and will be expensed to the Newport Coast Pickleball Courts Project in the Adopted
FY 2021-2022 CIP Budget Account No. 56201-980000-22P13.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is categorically exempt from the
California Environmental Quality Act (CEQA) pursuant to Sections 15301 and 15303
under Class 1 (Existing Facilitates) and Class 3 (New Construction or Conversion of Small
Structures), respectively, of the CEQA Guidelines, California Code of Regulations, Title
14, Division 6, Chapter 3, because it has no potential to have a significant effect on the
environment. Class 1 consists of the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of existing or
former use. Class 3 exempts new commercial construction of less than 10,000 square
feet in floor area, if zoned for such use, if not involving the use of significant amounts of
hazardous substances where all necessary public services and facilities are available and
the surrounding area is not environmentally sensitive. The project includes an agreement
and conceptual approval to alter an existing baseball field with eight (8) pickleball courts
at an existing park and thus the project is categorically exempt from CEQA.
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Lease Agreement with Newport Ridge Community Association to Develop, Operate,
and Maintain Pickleball Courts at Newport Ridge Park
May 24, 2022
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The exceptions to the Class 3 categorical exemption under Section 15300.2 are not
applicable. The developed project site does not impact an environmental resource of
hazardous or critical concern, does not result in cumulative impacts, does not have a
significant effect on the environment due to unusual circumstances, does not damage
scenic resources within a state scenic highway, is not a hazardous waste site, and is not
identified as a historical resource.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A
— Lease Agreement
Attachment B
—Conceptual Design
Attachment C
— Newport Ridge Community Association March 31, 2022 Notice
Attachment D
— Resolution No. 2021-108
Attachment E
— PA2022-091 CDD Action Letter
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Attachment A
Lease Agreement by and between the Newport Ridge Community Association and the
City of Newport Beach for the Development, Operation, and Maintenance of Pickleball
Courts Complex at Newport Ridge Park
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LEASE AGREEMENT BY AND BETWEEN
THE NEWPORT RIDGE COMMUNITY ASSOCIATION
AND THE CITY OF NEWPORT BEACH FOR THE
DEVELOPMENT, OPERATION, AND MAINTENANCE OF PICKLEBALL COURTS
COMPLEX AT NEWPORT RIDGE PARK
THIS LEASE AGREEMENT ("Lease") is made and entered into this
day of , 2022 ("Effective Date") between the NEWPORT RIDGE
COMMUNITY ASSOCIATION, a California nonprofit mutual benefit corporation
("NRCA"), and the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ("City"). City and NRCA are collectively referred to as "Parties" herein.
RECITALS
This Lease is made with reference to the following facts:
A. NRCA owns and operates that certain real property and improvements consisting
of a community park with a playground area, restroom facilities, outdoor seating,
walking paths and sidewalks, landscaping, parking lot, outdoor lighting, tennis
courts, basketball courts, and baseball field, commonly referred to as the Newport
Ridge Park located at 6331 Newport Ridge Drive E, Newport Coast, CA 92657,
Assessor's Parcel Number 461-152-13 ("NRCA Property"). The NRCA Property is
more particularly depicted in the attached Exhibit "A", which is incorporated herein
by reference.
B. City owns that certain real property and improvements adjacent to NRCA Property,
consisting of a public community center building, parking lot, landscaping and
outdoor lighting, commonly referred to as Newport Coast Community Center
located at 6401 San Joaquin Hills Road, Newport Coast, CA 92657, Assessor's
Parcel Number461-152-12 ("City Property"). The City Property is more particularly
depicted in the attached Exhibit "B", which is incorporated herein by reference.
C. The Parties desire to convert a portion of the baseball field ("Field") on NRCA
Property into pickleball courts ("Pickleball Courts Complex") for the use and
enjoyment by NRCA and City under the terms and conditions explicitly set forth
under this Lease. The Pickleball Courts Complex will comprise eight (8) pickleball
courts ("Courts") and their surrounding improvements, which may consist of
sidewalks, benches, picnic tables, water fountains, shade mechanisms,
landscaping and/or hardscape ("Outer Improvements"). The Courts will be
allocated between City and NRCA, with six (6) pickleball courts designated for
City's use ("City Courts") and two (2) pickleball courts designated for NRCA's
exclusive use ("NRCA Courts").
D. This Lease sets forth the terms and conditions for the development, construction,
operation, and maintenance of the Pickleball Courts Complex.
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AGREEMENT
NOW THEREFORE, the Parties agree that:
1. AGREEMENT TO LEASE
1.1 Purpose of Lease. NRCA hereby grants access and right of entry to the
Field to City to design, develop, construct and install, at City's sole cost and expense, the
Pickleball Courts Complex. City desires to lease from NRCA and NRCA desires to lease
to City that portion of the Field on which the Pickleball Courts Complex will be constructed,
as will be more fully described and depicted in amended exhibits to this Lease.
1.2 Lease Amendment to Incorporate Final Design. The Parties understand that
the final design and details for the Pickleball Courts Complex, including the final location
and layout of NRCA Courts and City Courts, do not exist at the time of execution of this
Lease and that the document(s) will be adopted later. The Parties expressly intend, and
hereby agree, to timely amend this Lease to incorporate the final approved design and
details for the Pickleball Courts Complex and the maintenance obligations for the Outer
Improvements. Notwithstanding the following, the approximate design, location and
layout of the Pickleball Courts Complex is depicted in the attached Exhibit "C", which is
incorporated herein by reference.
1.3 Net Lease. This Lease is a net lease, pursuant to which City has no
obligation with respect to the payment of taxes, insurance, the cost of maintenance,
utilities, repairs or other costs or obligations associated with NRCA Property or the Field,
except as expressly stated herein.
1.4 Termination of Prior Lease(s). NRCA affirmatively represents that: (a) to
the best of its knowledge, no other person/entity has any interest, whether by lease or
otherwise, in the Field; and (b) the person(s) executing this Lease have the authority to
bind NRCA and be bound by the terms herein. Upon the Effective Date of this Lease,
any lease(s) between City and NRCA or any other party covering the Field shall
automatically terminate and be of no further effect. NRCA shall execute and record any
document(s) that may be required to evidence the termination of any prior lease(s)
covering the Field. City shall owe no compensation to NRCA or any other party for the
termination of a lease under this Section. NRCA shall indemnify and hold City harmless
from any and all liability, loss, expense, damage, or claims which may arise directly or
indirectly from or in connection with any allegation that the representations made in this
Section are false.
2. TERM
2.1 Initial Term. NRCA hereby leases to City the property described in Section
1.1. above, for the purposes described herein this Lease, and subject to the terms and
NEWPORT RIDGE COMMUNITY ASSOCIATION Page 2
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conditions herein contained, for an initial term of thirty (30) years beginning on the
Effective Date ("Initial Term").
2.2 Option to Extend. Provided City is in full compliance with the terms and
conditions of the Lease, and is not then in default beyond applicable notice and cure
periods provided herein, this Lease shall renew automatically for two (2) additional
successive terms of five (5) years (each an "Option Term"), on the same terms and
conditions as contained in this Lease as it may be amended from time to time, unless
City gives NRCA written notice of its intention not to exercise the Option Term at least
ninety (90) days prior to expiration of the Term.
2.3 Term of Lease. The "Term" as used herein is defined as the Initial Term
and, as exercised, any Option Term.
2.4 Amendments. The Parties may amend the terms of this Lease at any time
during the Term hereof to better serve the public interest and/or better accomplish the
purposes of the Lease; provided, however, that the Term may not be extended by the
Parties beyond the express provisions of this Lease. Any amendment made to this Lease
must be in writing and executed by the Parties, and approved as to form by the City
Attorney.
3. PICKLEBALL COURTS COMPLEX DESIGN AND CONSTRUCTION
3.1 Pickleball Courts Complex Design and Development; Costs. The
conversion and development of the Field into the Pickleball Courts Complex, which
includes but is not limited to the design, installation and construction work (including
installation of the electronic key fob system), shall be performed by City at its sole cost
and expense. The Pickleball Courts Complex shall be designed and constructed by
qualified and licensed (where required) architectural, design, engineering and
construction firms selected by City at its sole and absolute discretion. NRCA shall have
an opportunity to provide input in the Pickleball Courts Complex design process and
suggest changes, which City may at its sole discretion incorporate into the final design.
Notwithstanding the foregoing, City and NRCA must mutually agree and determine the
final placement of City Courts, NRCA Courts and Outer Improvements, which shall be
made part of the final design for the Pickleball Courts Complex. The final design shall
also include installation of the gate(s) at the point of entry to the NRCA Courts, to be
accessible through an electronic key fob system to secure the entrance to NRCA Courts
and addition of an electronic key fob system at the two park entry gates adjacent to the
Courts.
3.2 Pre -Construction Due Diligence.
3.2.1 No later than thirty (30) calendar days following execution of this
Lease, NRCA shall deliver to City copies of any and all documents
in its possession relating to the area proposed for construction of
the Pickleball Courts Complex and the surrounding NRCA
Property, which may include any environmental reports, natural
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hazard disclosure reports, engineering reports, surveys, title
materials, geotechnical reports, soils studies, environmental audits
and reports, environmental impact reports or mitigated negative
declarations, and any other documents that may assist the City in
the design and construction of the Pickleball Courts Complex
(collectively the "NRCA Property Documents").
3.2.2 City's construction of the Pickleball Courts Complex shall be
contingent upon completion of its due diligence and determining, to
its sole satisfaction, that the Field is sound and safe for the
construction of the Pickleball Courts Complex. City shall have a
period of one hundred twenty (120) calendar days after NRCA
delivers the NRCA Property Documents to City to complete such
due diligence and determination. If the City does not provide written
notice of satisfactory completion of its due diligence to NRCA within
the one hundred twenty (120) calendar days (which the Parties
may extend by mutual agreement), then this Lease shall terminate
and the Parties shall have no further obligations hereunder. The
City's determination of the feasibility of construction of the
Pickleball Courts Complex is a material condition of this Lease.
3.3 Notice of Commencement of Construction. At least thirty (30) calendar days
prior to taking possession of the Field to commence construction of the Pickleball Courts
Complex, City shall provide NRCA written notice of the same and NRCA shall provide
written notice to its residents/members of the commencement of construction.
3.4 Preservation of NRCA Property. City may utilize a portion of the NRCA
Property outside of and immediately adjacent to the Pickleball Courts Complex and Outer
Improvements for construction staging and access, which area shall be identified on the
design documents. City agrees to take all prudent action to protect NRCA Property from
any damage or injury during construction and installation of the Pickleball Courts
Complex. City shall repair or cause to be repaired any damage to NRCA Property outside
of the Pickleball Courts Complex directly caused by City or its contractors or
subcontractors during the construction and installation of the Pickleball Courts Complex.
3.5 Prevailing Wages. The City, its contractors and subcontractors shall comply
with all State of California labor laws, rules and regulations, including those governing the
payment of prevailing wage.
3.6 Permits and Approvals. Unless restricted by law, City shall obtain, and be
responsible for the costs for all building permits, health department permits and other
required permits prior to the commencement of construction of the Pickleball Courts
Complex and its operations. If applicable, City shall be responsible, at its sole cost and
expense, for compliance with the California Environmental Quality Act ("CEQA") in
connection with construction and operation of the Pickleball Courts Complex.
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3.7 Acceptance. The date upon which the City formally accepts the completed
construction work of the Pickleball Courts Complex shall be the "Commencement Date."
4. OPERATION AND USE OF THE PICKLEBALL COURTS COMPLEX
The Pickleball Courts Complex shall commence operations and be open for use
as of the Commencement Date. NRCA Courts shall be available at the same time for the
exclusive use by its members and residents, except as set forth herein. City Courts and
the Outer Improvements shall be open for use by the general public.
4.1 City Courts and Outer Improvements.
4.1.1 City Courts shall be reserved for the City to make available for the
general public's use and benefit, which includes public recreational
programs, classes, and events. The City Courts shall be managed
by the City's Recreation and Senior Services Department ("RSS")
comparable to the City's other public park facilities.
4.1.2 NRCA may reserve the City Courts for NRCA private events
("NRCA Event"). NRCA shall make its reservation request in
advance, in writing, through a Special Event Permit from the City,
and/or any other permits or approvals as may be required for the
use of any City public facility. The Special Event Permit and any
other required approvals must be obtained prior to the
commencement of any NRCA Event. The NRCA Event shall be in
compliance with the approved hours of operation of public facilities
as set forth in the Newport Beach Municipal Code. NRCA shall
promptly repair any damage and remove any rubbish resulting from
an NRCA Event, at its sole cost and expense.
4.1.3 The Outer Improvements shall be available for the general public's
use and benefit.
4.2 NRCA Courts.
4.2.1 NRCA Courts shall be reserved for the exclusive use of the NRCA
and its residents/members. NRCA shall conduct its use and
operation of NRCA Courts in compliance with Chapter 11.04 of the
Newport Beach Municipal Code.
4.2.2 NRCA shall provide City with a copy of its key fob to access NRCA
Courts.
4.2.3 City may reserve the NRCA Courts for public event(s) ("City
Event"). No less than ninety (90) calendar days prior to the City
Event, City shall provide NRCA with a written request to use the
NRCA Courts, stating the date(s) and time(s), description, and
contact person for the proposed City Event. NRCA shall provide
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City a written notice of approval or disapproval no less than thirty
(30) calendar days prior to the first date of the proposed City Event,
or if the City Event is in conflict with a previously scheduled NRCA
Event, then NRCA shall, using its reasonable efforts and following
good faith negotiations with City, determine a time to reschedule
the City Event, which shall take priority over any other NRCA Event.
City Events may not exceed more than two (2) in any calendar
quarter or more than sixteen (16) days in the aggregate in any
consecutive twelve (12) month period. City shall promptly repair
any damage and remove any rubbish resulting from a City Event,
at its sole cost and expense.
4.2.4 NRCA shall not modify, alter, add or remove any permanent feature
or aspect of the NRCA Courts, or install any improvements on the
NRCA Courts without prior written approval by City.
4.2.5 NRCA shall fully comply with its Covenants, Conditions and
Restrictions (CC&Rs) as may be amended from time to time, and
which are recorded against the NRCA Property.
4.3 New Improvements. Neither Party may install, construct, maintain, or allow
any signs, permanent or non -permanent fixtures or improvements on the Pickleball
Courts Complex that were not otherwise specified in the final design of the Pickleball
Courts Complex, unless approved in writing by the other Party and in strict compliance
with the provisions of the Newport Beach Municipal Code.
4.4 Signage and Information. City may post signs, messaging and other
information in the Pickleball Courts Complex that may include, but is not limited to, City's
rules of conduct, public programming, and class schedule information. NRCA may post
NRCA information about the NRCA Courts, as preapproved in writing by City.
4.5 Lawful Use of the Pickleball Courts Complex. The Parties agree that no
business shall be conducted on or near the Pickleball Courts Complex in violation of the
terms of this Lease or of any regulation, order, law, statute, bylaw, charter provision, or
ordinance of any governmental agency having jurisdiction.
4.6 Waste or Nuisance. NRCA shall not commit or knowingly permit the
commission of any waste on the Pickleball Courts Complex. NRCA shall not maintain,
commit, or knowingly permit any public or private nuisance as defined in Section 3479 of
the California Civil Code on the Courts.
4.7 Protective Action. Each Party shall take all prudent action to protect the
Pickleball Courts Complex from any damage or injury resulting from its use, maintenance
or repair of the Pickleball Courts Complex.
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5. MAINTENANCE OF THE PICKLEBALL COURTS COMPLEX
5.1 City Courts; NRCA Courts. Each Party shall be responsible for and perform
at its sole cost and expense regular ongoing general upkeep and minor repairs of its
respective City Courts or NRCA Courts and ensure that they are in clean and good
working condition at all times. In general, each Parry's general upkeep and repair duties
shall encompass cleaning and graffiti removal and include the netting and shading
mechanism. NRCA shall be responsible, at its sole cost and expense, for maintenance
and repair, and any future modification or replacement of the electronic key fob system
to access the NRCA Courts. All work shall be performed in strict compliance with the
specifications and requirements of the final approved design for the Pickleball Courts
Complex.
5.2 Courts. City shall be responsible for and perform at its sole cost and
expense any maintenance, repair, and/or replacement of the Courts playing surfaces,
fencing, and windscreens, consistent with the repairs and maintenance performed at
other City public recreational facilities and to ensure they are kept in an attractive, safe
and good working condition.
5.3 Outer Improvements. City shall be solely responsible for and perform at its
sole cost and expense regular ongoing maintenance and minor repairs of the Outer
Improvements, including that easterly portion between the Pickleball Courts Complex up
to the adjacent City Property. The specific details of the Outer Improvements and their
maintenance and repair requirements shall be set forth in a Lease amendment that will
be executed after the approval of the final design of the Pickleball Courts Complex.
5.4 Refuse Disposal. City shall be solely responsible for the scheduling, costs
and expenses of refuse collection services for the Pickleball Courts Complex.
5.5 Sound Attenuation Measures. If the Courts require sound attenuation
measures, as determined in the City's reasonable discretion, then the Parties will
proportionally share the costs for the acquisition, installation, construction, maintenance,
repair and replacement.
5.6 Option to Assume Maintenance. In the event NRCA fails to complete, or
commence and diligently pursue to completion, any maintenance or repairs required to
keep the NRCA Courts in a condition reasonably acceptable to City within thirty (30)
calendar days of delivery of the City's written notice of the need for maintenance or repair,
City may perform the maintenance or repair and charge the cost to NRCA. If NRCA
repeatedly (i.e., more than three (3) times in any twelve (12) month period after written
notice thereof) fails to fulfill its obligations hereunder, City has the option to assume the
maintenance and repair obligation and perform it at NRCA's sole cost and expense.
5.7 Site Walk; Annual Report. The Parties shall perform an annual joint
inspection of the Pickleball Courts Complex by July 15th to determine the necessary
repairs and maintenance for the following calendar year. Prior to the joint inspection,
NRCA shall provide to City a written report listing any and all maintenance, repairs, or
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other work completed, including the costs incurred thereof, for the preceding calendar
year.
6. DAMAGE OR DESTRUCTION
6.1 City Courts: NRCA Courts.
6.1.1 If either City Courts or NRCA Courts are rendered totally or partially
inaccessible or unusable due to damage or destruction
("Destruction"), then subject to Section 6.2 below, the Party having
the right of exclusive use thereof shall repair and restore its
respective area of the Courts to substantially the same condition
as existed immediately prior to the Destruction. However, for any
such Destruction directly caused by an NRCA Event or City Event,
the Party conducting that event shall bear the sole cost and
expense for promptly repairing and restoring those premises to
substantially the same condition as existed immediately prior to the
Destruction.
6.1.2 Notwithstanding the foregoing, if Destruction renders a majority of
City Courts or a majority of NRCA Courts inaccessible or unusable
and which cannot within twelve (12) months from the date of the
Destruction reasonably be repaired or restored to substantially the
same condition as existed immediately prior to the Destruction, then
either Party may terminate this Lease in accordance with the
procedure in Section 6.2.
6.2 Courts. If a major portion or the entirety of the Courts are rendered
inaccessible or unusable due to Destruction, then the Parties shall share on a pro rata
basis the costs to repair and restore the Courts to substantially the same condition as
existed immediately prior to such Destruction. The pro rata costs shall be determined
based on the proportion of City Courts to NRCA Courts affected. However, either Party
may, in its sole and absolute discretion, elect to terminate this Lease by giving written
notice to the other Party within thirty (30) calendar days of the date of occurrence of the
Destruction if: (a) the cost for repair and restoration exceeds the amount of any insurance
proceeds available to the terminating Party; (b) the Destruction was caused by an
uninsured casualty or event; or (c) the terminating Party reasonably estimates that repairs
will take more than twelve (12) months. Upon such termination, NRCA shall reimburse
City in accordance with Section 19 and the terminating Party shall, at its sole cost and
expense, remove any damaged property or debris from its respective portion of the
Courts, and thereafter neither Party shall have any further liability or obligations to the
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other Party under this Lease, except as otherwise expressly provided herein (e.g.
indemnity, insurance).
7. RIGHT TO ENTER; EMERGENCY
City and its authorized representative(s) shall provide NRCA at least one (1)
business day notice before entering NRCA Courts for inspection or any purpose other
than maintenance. City shall use reasonable efforts to not interfere with NRCA's use of
the NRCA Courts. City shall not be required to provide notice in the case of an emergency.
8. UTILITIES
City shall provide for the installation of electrical, including electrical connectivity
for the NRCA Courts key fob system, water, and, if applicable, gas service (collectively,
the "utilities") for the Pickleball Courts Complex as part of the construction work.
Beginning on the Commencement Date, NRCA shall pay for ongoing utilities service for
the Pickleball Courts Complex for the Term. Maintenance and repair of utility lines within
the Courts shall be the sole responsibility of NRCA. Utilities services maintenance shall
occur between 7:00 a.m. and 6:00 p.m. on non -holiday weekdays. NRCA shall provide
City with not less than thirty (30) calendar days' prior written notice before commencing
any work that may occur during regular hours of operation, or would impact City's regular
use of City Courts.
9. REDEVELOPMENT OF NRCA PROPERTY
NRCA shall provide City with a minimum of six (6) months' prior written notice for
any plans to redesign, redevelop or otherwise substantially modify any portion of the
NRCA Property near or surrounding the Pickleball Courts Complex ("NRCA
Redevelopment"). If, in the City's sole determination, the NRCA Redevelopment will
interfere with the City's ability to occupy or use all or a portion of the City Courts, then
NRCA shall modify the NRCA Redevelopment to City's satisfaction, which City shall not
unreasonably withhold. If the Parties are unable to mutually agree upon changes to the
NRCA Redevelopment, then City may, at its sole discretion, terminate this Lease and
NRCA shall reimburse City in accordance with Section 19 of this Lease.
10. EASEMENTS
Subject to applicable provisions of law, it is understood that all rights granted under
this Lease are subject to easements, rights -of -way, and similar burdens, if any, now
existing or heretofore granted by NRCA or its predecessors, in, to, over, or under the
NRCA Property for any purpose.
11. TRANSFER OR SALE OF PROPERTY
11.1 Assignment by NRCA. The provisions of this Lease shall run with the land
and be binding upon and inure to the benefit of the Parties, their legal representatives,
successors, and assigns (collectively "successors"). NRCA may, after providing City with
one hundred twenty (120) calendar days prior written notification, assign its rights and
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obligations under this Lease to another homeowners' association established by the
owners of the lands comprising the NRCA Property, provided said association meets any
and all qualifications as required by law to be a legally recognized homeowner's
association. Any proposed successors shall fully and unconditionally assume the
covenants, provisions and obligations, including all maintenance and repair, of NRCA
herein including, without limitation, the indemnification obligations. Such assignment shall
be by written assignment executed by NRCA. Upon assignment, NRCA shall have no
further liability under this Lease to the extent first arising from and after the effective date
of the assignment. Any proposed assignment to any other shall require prior written
approval of the City, which City may, in its sole discretion, withhold for any reason or no
reason at all.
11.2 Change in Management. NRCA shall promptly notify City of any change in
management of the NRCA Property, with a minimum of forty-five (45) calendar days' prior
written notice to City of such intended assignment. Any assignment or transfer made
without City's prior written consent or not otherwise strictly permitted under this Section
shall be null and void.
11.3 Purchase Option. NRCA shall, in good faith and upon the same material
terms as would be offered to other private Parties, grant City a continuing First Right of
Refusal (FROR) to purchase, should NRCA elect to transfer the Pickleball Courts
Complex. For purposes of this Lease, "transfer" and similar terms mean and include,
without limitation, a sale or other transfer of all or any part of the Pickleball Courts
Complex, or interest therein, either alone, or as part of a larger sale, provided, however,
that "transfer" shall not include the granting of a license, an easement or similar right on
all or a portion of the Pickleball Courts Complex that would not materially interfere, disrupt,
or frustrate City's contemplated use pursuant to this Lease.
11.4 Assignment by City. City shall not assign this Lease or any right acquired
hereunder without the prior written consent of NRCA. Any assignment without the prior
written consent of NRCA is null and void.
12. ENVIRONMENTAL MATTERS AND HAZARDOUS MATERIALS
12.1 Environmental Law. "Environmental Law" shall include all federal, state,
and local environmental, health, and safety laws, statutes, ordinances, regulations, rules,
judgments, orders, and notice requirements, which were in effect as of the date of closing,
which regulate or relate to (a) the protection or clean-up of the environment; (b) the use,
treatment, storage, transportation, handling or disposal of hazardous, toxic or otherwise
dangerous substances, wastes or materials; (c) the quality of the air and the discharge of
airborne wastes, gases, particles, or other emissions; (d) the preservation or protection
of waterways, groundwater, or drinking water; (e) the health and safety of persons or
property; or (f) impose liability with respect to any of the foregoing, including without
limitation, the Comprehensive Environmental Response, Compensation and Liability Act
of 1980 (CERCLA) [42 USC section 9601 et seq.]; the Resource Conservation and
Recovery Act of 1976 (RCRA) [42 USC section 6901 et seq.]; the Clean Water Act, also
known as the Federal Water Pollution Control Act (FWPCA) [33 USC section 1251 et
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seq.]; the Toxic Substances Control Act (TSCA) [15 USC section 2601 et seq.]; the
Hazardous Materials Transportation Act (HMTA) [49 USC section 1801 et seq.]; the
Insecticide, Fungicide, Rodenticide Act [7 USC section 136 et seq]; the Superfund
Amendments and Reauthorization Act [42 USC section 6901 et seq.]; the Clean Air Act
[42 USC section 7401 et seq.]; the Safe Drinking Water Act [42 USC section 300f et seq.];
the Solid Waste Disposal Act [42 USC section 6901 et seq.]; the Surface Mining Control
and Reclamation Act [30 USC section 1201 et seq.]; the Emergency Planning and
Community Right to Know Act [42 USC section 11001 et seq]; the Occupational Safety
and Health Act [29 USC sections 655 and 6571; the California Underground Storage of
Hazardous Substances Act [California Health and Safety Code section 25280 et seq.];
the California Hazardous Substances Account Act [California Health and Safety Code
section 25300 et seq.]; the California Hazardous Waste Control Act [California Health and
Safety Code section 25100 et seq.]; the California Safe Drinking Water and Toxic
Enforcement Act [California Health and Safety Code section 24249.5 et seq.]; the Porter -
Cologne Water Quality Act [California Water Code section 13000 et seq.] together with
any amendments of or regulations promulgated under the statutes cited above.
12.2 Hazardous Materials. "Hazardous Materials" shall include any substance
which falls within the definition of hazardous substance, hazardous waste, hazardous
material, toxic substance, solid waste, or pollutant or contaminant, under any
Environmental Law.
12.3 Hazardous Materials Indemnification.
12.3.1 City shall defend, indemnify and hold harmless NRCA, its officers,
directors, employees, agents and representatives from and against
any and all legal or administrative proceedings, claims, reasonable
attorneys' fees and costs, expenses, penalties, actual damages,
including indemnity claims, in any way related to (a) the use, release,
generation, storage or disposal of Hazardous Materials in, on or
around City Courts by City or any agent of City, (b) City's compliance
or non-compliance with any federal, state or local environmental law,
ordinance, rule or regulation, (c) the removal, clean-up,
encapsulation, detoxification or any other action taken by City or any
agent of City, directly or indirectly arising out of the presence of
Hazardous Materials in, on or around the City Courts. If the storage,
use and disposal of Hazardous Materials in, on or around City
Courts is caused by City or any agent of City and results in
contamination or deterioration of water or soil resulting in a level of
contamination greater than maximum allowable levels established by
any governmental agency having jurisdiction over such
contamination, City shall promptly take any and all action required by
such agency to investigate and clean-up such contamination.
12.3.2 NRCA shall defend, indemnify, and hold harmless City, its City
Council, officers, employees, agents and representatives from and
against any and all legal or administrative proceedings, claims,
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reasonable attorney fees and costs, expenses, penalties, actual
damages, including indemnity claims, in any way related to (a) the
use, release, generation, storage or disposal of Hazardous Materials
in, on or around NRCA Courts by NRCA or any agent of NRCA; (b)
NRCA's compliance or non-compliance with any federal, state or
local environmental law, ordinance, rule or regulation, (c) the
removal, clean-up, encapsulation, detoxification or any other action
taken by NRCA or any agent of NRCA, directly or indirectly arising
out of the presence of Hazardous Materials in, on or around NRCA
Courts. If the previous, current and future storage, use and disposal
of Hazardous Materials in, on or around the Courts is caused by the
NRCA or any agent of NRCA and results in contamination or
deterioration of water or soil resulting in a level of contamination
greater than maximum allowable levels established by any
governmental agency having jurisdiction over such contamination,
NRCA shall promptly take any and all action required by such agency
to investigate and clean-up such contamination.
12.4 City's Obligations. City will not use, occupy, or permit any portion of the
City Courts to be used or occupied in violation of any Environmental Law or to store any
Hazardous Material.
13. TAXES, LICENSES AND OTHER OBLIGATIONS
13.1 Payment of Taxes. NRCA shall pay directly to the appropriate taxing
authorities all taxes applicable to this Lease, improvements, NRCA's Property, and the
Pickleball Courts Complex, that are levied or assessed against NRCA during the Term.
NRCA shall pay, before delinquency, all taxes, assessments, license fees and other
charges ("Taxes") that are levied or assessed against NRCA's interest in the Pickleball
Courts Complex or any personal property installed on the Pickleball Courts Complex.
13.2 Challenge to Taxes. NRCA shall have the right in good faith, at its sole cost
and expense, to contest the amount or legality of any Taxes on or attributable to this
Lease, the Pickleball Courts Complex, NRCA's personal property, or NRCA's occupation
and use of the Pickleball Courts Complex, including the right to apply for reduction. If
NRCA seeks a reduction or contests such taxes, NRCA's failure to pay the taxes shall
not constitute a default as long as NRCA complies with the provisions of this Section.
City shall not be required to join in any proceeding or contest brought by NRCA unless
the provisions of any law require that the proceeding or contest be brought by or in the
name of City or any owner of the Pickleball Courts Complex. In that case, City shall join
in the proceeding or contest or permit it to be brought in City's name as long as City is not
required to bear any cost. If requested by NRCA, City shall execute any instrument or
document necessary or advisable in connection with the proceeding or contest. NRCA,
on final determination of the proceeding or contest, shall immediately pay or discharge
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any decision or judgment rendered, together with all related costs, charges, interest and
penalties.
14. INDEMNITY AND EXCULPATION
14.1 NRCA Hold Harmless. NRCA agrees to indemnify, defend and hold
harmless City, its City Council, boards, commissions, committees, officers, agents,
volunteers, and employees (collectively, "City Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a "Claim;" collectively, "Claims"), which may arise from or in any manner
relate (directly or indirectly) to the occupation or use of any part of NRCA Courts by
NRCA, its residents, guests, employees, contractors, subcontractors, agents, invitees, or
volunteers (collectively, "NRCA Parties"), including without limitation any claim, liability,
loss or damage arising by reason of:
14.1.1 The death or injury of any person or damage to personal property
caused or allegedly caused by the condition of the NRCA Courts or
an act or omission of the NRCA Parties;
14.1.2 Any work performed on the Courts or materials furnished to the
NRCA Courts, at the request of the NRCA Parties; and
14.1.3 NRCA's failure to perform any provision of this Lease or to comply
with any requirement of law or any requirement imposed on the
NRCA Courts by any duly authorized governmental agency or
political subdivision.
14.1.4 NRCA's challenge or contest of Taxes under Section 13.
NRCA's indemnity obligations herein shall not extend to any Claim arising from or in any
manner relating to the sole gross negligence, willful misconduct or unlawful or fraudulent
conduct on the part of City Indemnified Parties. The indemnity obligations herein shall
survive the termination of this Lease.
14.2 City Hold Harmless. City agrees to indemnify, defend and hold harmless
NRCA, its board, committees, officers, agents, volunteers, and employees (collectively,
"NRCA Indemnified Parties") from and against any and all Claims, which may arise from
or in any manner related (directly or indirectly) to the occupation or use of any part of City
Courts by City, its residents, guests, employees, contractors, subcontractors, agents,
invitees, or volunteers (collectively, "City Parties"), including without limitation any claim,
liability, loss or damage arising by reason of:
14.2.1 The death or injury of any person or damage to personal property
caused or allegedly caused by the condition of City Courts or an
act or omission of City Parties;
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14.2.2 Any work performed on the Courts or materials furnished to City
Courts, at the request of City Parties; and
14.2.3 City's failure to perform any provision of this Lease.
City's indemnity obligations herein shall not extend to any Claim arising from or in any
manner relating to the sole gross negligence, willful misconduct or unlawful or fraudulent
conduct on the part of NRCA Indemnified Parties. The indemnity obligations herein shall
survive the termination of this Lease.
14.3 Not Limited bV Insurance. NRCA's indemnity obligations herein shall not be
contingent upon or limited by the availability of any insurance policies.
15. NO DAMAGES
Each Party acknowledges that it would not enter into this Lease if it were to be
liable for consequential damages, lost profits, loss of rents or other revenues, loss of
business opportunity, loss of goodwill or loss of use (collectively herein "Damages")
under, or relating to, this Lease or any of the matters referred to in this Lease, including,
without limitation, any and all plans, permits, licenses or regulatory approvals, CEQA
documents, or any future amendments or enactments thereto related to the Courts
(collectively herein "Lease Matters"). Accordingly, each Party covenants and agrees on
behalf of itself and its successors and assigns, not to sue the other party for Damages.
16. INSURANCE
NRCA shall maintain insurance in the types and amounts specified in Exhibit "E,"
attached hereto and incorporated herein by this reference.
17. CONDEMNATION OF THE NRCA PROPERTY
If the use or possession of the entire NRCA Property or any material portion thereof
shall be taken in condemnation proceedings, then City may terminate this Lease by giving
written notice to NRCA within thirty (30) calendar days after the date of such taking.
18. TERMINATION, DEFAULT AND REMEDIES
18.1 Default; Termination. A Party's failure to perform any of the terms,
conditions or covenants of this Lease or failure to perform such obligations within thirty
(30) calendar days after written notice from the other Party shall constitute a default and
material breach of this Lease. If the nature of an obligation is such that more than thirty
(30) calendar days are reasonably required for performance, then a Party shall not be in
default and breach if it provides the other Party with a written plan to cure and commences
performance to cure within such thirty (30) calendar day period and thereafter diligently
prosecutes the same to completion. Upon a Party's default and breach, the other Party
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may terminate the Lease with thirty (30) calendar days' written notice to the defaulting
Party.
18.2 Stay of Obligations. Neither Party hereto shall be under any obligation to
perform or comply with its obligations pursuant to this Lease after the date of any default
by the other Party.
18.3 Waiver of Rights. The failure or delay of either Party hereto to exercise any
right or remedy shall not be construed as a waiver of such right or remedy or any default
by the other Party.
18.4 Waiver of Right of Redemption. City waives any right of redemption or relief
from forfeiture pursuant to California Code of Civil Procedure Sections 1174 and 1179
and pursuant to any existing or future statutory or decisional law in the event City is
evicted or NRCA takes possession of the City Courts by reason of any default by City.
18.5 Construction Milestones. If construction of the Pickleball Courts Complex
does not commence on or before December 31, 2023, or if construction is not completed
by December 31, 2024, NRCA may terminate this Lease by providing written notice to
City of such termination, and neither Party shall have any further obligations hereunder.
19. REIMBURSEMENT UPON TERMINATION OF LEASE
Should this Lease terminate for any reason during the Initial Term, NRCA shall
reimburse City for City's total costs and expenses incurred to date related to the design,
implementation and management, installation and construction of the Pickleball Courts
Complex. However, after the Commencement Date, the amount of NRCA's obligated
reimbursement for City's costs shall be adjusted annually to reflect depreciation of the
improvements based on an amortization schedule from the Commencement Date. The
amortization period shall be thirty (30) years less the construction period, which shall be
from the Effective Date until the Commencement Date. City shall have the right to change
the amortization schedule subject to the terms of any grant funding that City receives for
the construction of the Courts.
20. SURRENDER OF POSSESSION UPON EXPIRATION OR TERMINATION
Upon the expiration or lawful termination of this Lease, the Pickleball Courts
Complex shall remain on the NRCA Property, and City agrees to peaceably deliver
possession of, and agrees to vacate without contest, legal or otherwise, the City Courts
and Outer Improvements. NRCA, at its sole discretion, with the City's cooperation, may
record a document evidencing the expiration or termination of the leasehold interest.
1+4 i!lei 1140
All notices pursuant to this Lease shall be deemed given when personally delivered
or deposited in the United States mail, first class postage prepaid, and addressed as
follows:
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NRCA: NRCA
c/o First Service Residential
Attention: Lisa Barrett, Senior Community Manager
15241 Laguna Canyon Road
Irvine, CA 92618
City: City of Newport Beach
Attention: Real Property Administrator
100 Civic Center Drive
Newport Beach, CA 92660
22. STANDARD CONDITIONS
22.1 Successors in Interest. This Lease shall be binding upon the successors of
both Parties.
22.2 Compliance with all Laws. The Parties shall at their own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted.
22.3 Waiver. A waiver by either Party hereto of any breach, of any term,
covenant or condition contained herein shall not be deemed to be a waiver of any
subsequent breach of the same or any other term, covenant or condition contained
herein, whether of the same or a different character.
22.4 Integrated Contract. This Lease represents the full and complete
understanding of every kind or nature whatsoever between the Parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
22.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Lease and any other attachments attached hereto, the terms
of this Lease shall govern.
22.6 Interpretation. The terms of this Lease shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either
Party hereto by reason of the authorship of the Lease or any other rule of construction
which might otherwise apply.
22.7 Severability. If any term or portion of this Lease is held to be invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
of this Lease shall continue in full force and effect.
22.8 Controlling Law and Venue. The laws of the State of California shall govern
this Lease and all matters relating to it and any action brought relating to this Lease shall
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be adjudicated in a court of competent jurisdiction in the County of Orange, State of
California.
22.9 No Attorney's Fees. In the event of any dispute or legal action arising under
this Lease between the Parties, the prevailing Party to such dispute or legal action shall
not be entitled to attorney's fees.
22.10 Counterparts. This Lease maybe executed in two (2) or more counterparts,
each of which shall be deemed an original and all of which together shall constitute one
(1) and the same instrument.
Lease.
22.11 Time of Essence. Time is expressly declared to be of the essence in this
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, we have executed this Lease as of the day and year
written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 3 - —2,-4—
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
By: By:
a n C. H Grace K. Leung
Ity Attorney City Manager
ATTEST:
Date:
Leilani I. Brown
City Clerk
NRCA: NEWPORT RIDGE COMMUNITY
ASSOCIATION, a California nonprofit
mutual benefit corporation
Date: 4/7/2022
By:
Signe Keller
President
Date: 4/7/2022
By: ?4"
Jamie Gruweli
Treasurer
[END OF SIGNATURES]
Attachments: Exhibit A:
Depiction of NRCA Property
Exhibit B:
Depiction of City Property
Exhibit C:
Draft Depiction of Pickleball Courts Complex
Exhibit D:
[Reserved]
Exhibit E:
Insurance
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Exhibit "A"
Depiction of NRCA Property
NEWPORT RIDGE COMMUNITY ASSOCIATION
Exhibit A-1
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EXHIBIT "A"
DEPICTION OF NRCA PROPERTY
EXHIBIT A-1
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Exhibit "B"
Depiction of City Property
NEWPORT RIDGE COMMUNITY ASSOCIATION
Exhibit B-1
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EXHIBIT "B"
DEPICTION OF CITY PROPERTY
EXHIBIT 13-1
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Exhibit "C"
Draft Depiction of Pickleball Courts Complex
NEWPORT RIDGE COMMUNITY ASSOCIATION Exhibit C-1
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EXHTSTT "C" DRAFT DEPICTION OF COMPLEX
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THE CITY OF NEWPORT BEACH PICKLEBALL COURTS °
NEWPORT BEACH, CALIFORNIA NTS
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Exhibit "D"
[RESERVED]
NEWPORT RIDGE COMMUNITY ASSOCIATION
Exhibit D-1
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Exhibit "E"
Insurance
1. Provision of Insurance. Without limiting NRCA's indemnification of City, and prior
to commencement of any installation of the Courts (the "Pickleball Courts
Complex"), NRCA shall obtain, provide and maintain at its own expense during the
term of this Lease, policies of insurance of the type and amounts described below
and in a form satisfactory to City. NRCA agrees to provide insurance in accordance
with requirements set forth here. If NRCA uses existing coverage to comply and
that coverage does not meet these requirements, NRCA agrees to amend,
supplement or endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. NRCA shall maintain Workers'
Compensation Insurance providing statutory benefits and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each employee
for bodily injury by accident and each employee for bodily injury by disease in
accordance with the laws of the State of California, Section 3700 of the Labor
Code. In addition, NRCA shall require each subcontractor to similarly maintain
Workers' Compensation Insurance and Employer's Liability Insurance in
accordance with California law for all of the subcontractor's employees. The
insurer issuing the Workers' Compensation insurance shall amend its policy by
endorsement to waive all rights of subrogation against City, its elected or
appointed officers, agents, officials, employees, and volunteers. NRCA shall
submit to City, along with the certificate of insurance, a Waiver of Subrogation
endorsement in favor of City, its elected or appointed officers, agents, officials,
employees, and volunteers.
B. General Liability Insurance. NRCA shall maintain commercial general liability
insurance, and if necessary umbrella liability insurance, with coverage at least
as broad as provided by Insurance Services Office form CG 00 01, in an
amount not less than one million dollars ($1,000,000) per occurrence, two
million dollars ($2,000,000) general aggregate and two million dollars
($2,000,000) completed operations aggregate. The policy shall cover liability
arising from premises, operations, products -completed operations, personal
and advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
NEWPORT RIDGE COMMUNITY ASSOCIATION
Exhibit E-1
6-32
DocuSign Envelope ID: EAF6CE4A-0293-4FD8-8C69-1D1B18E18E48
C. Automobile Liability Insurance. NRCA shall maintain automobile insurance at
least as broad as Insurance Services Office form CA 00 01 covering bodily
injury and property damage for all activities of NRCA arising out of or in
connection with the Project to be performed under this Contract, including
coverage for any owned, hired, non -owned or rented vehicles, in an amount
not less than one million dollars ($1,000,000) combined single limit for each
accident.
D. Builder's Risk Insurance. For Contracts with property exposures during
construction, NRCA shall maintain Builders Risk insurance or an installation
floater as directed by City, covering damages to the Project for "all risk" or
special causes of loss form with limits equal to 100% of the completed value of
contract, with coverage to continue until final acceptance of the Project by City.
At the discretion of City, the requirement for such coverage may include
additional protection for Earthquake and/or Flood. City shall be included as an
insured on such policy, and NRCA shall provide City with a copy of the policy.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Lease shall be endorsed to waive subrogation against City, its
elected or appointed officers, agents, officials, employees, and volunteers, or
shall specifically allow NRCA or others providing insurance evidence in
compliance with these requirements to waive their right of recovery prior to a
loss. NRCA hereby waives its own right of recovery against City, and shall
require similar written express waivers and insurance clauses from each of its
subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that City,
its elected or appointed officers, agents, officials, employees, volunteers shall
be included as additional insureds under such policies.
C. Primary and Non -Contributory. NRCA's insurance coverage shall be primary
insurance and/or the primary source of recovery with respect to City, its elected
or appointed officers, agents, officials, employees, and volunteers. Any
insurance or self-insurance maintained by City shall be excess of NRCA's
insurance and shall not contribute with it.
D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar
days' notice of cancellation or nonrenewal of coverage (except for nonpayment
for which ten (10) calendar days' notice is required) for each required coverage
except Builders Risk Insurance, which shall contain an endorsement with said
required notices.
NEWPORT RIDGE COMMUNITY ASSOCIATION Exhibit E-2
6-33
DocuSign Envelope ID: EAF6CE4A-0293-4FD8-8C69-1D1B18E18E48
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. NRCA shall provide certificates of insurance to City as
evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation and other endorsements
as specified herein for each coverage. Insurance certificates and
endorsements must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be kept
on file with City at all times during the term of this Lease. The certificates and
endorsements for each insurance policy shall be signed by a person authorized
by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to
the expiration of any such policy, evidence of insurance showing that such
insurance coverage has been renewed or extended shall be filed with the City.
If such coverage is cancelled or reduced, NRCA shall, within ten (10) days after
receipt of written notice of such cancellation or reduction of coverage, file with
the City evidence of insurance showing that the required insurance has been
reinstated or has been provided through another insurance company or
companies. City reserves the right to require complete, certified copies of all
required insurance policies, at any time.
B. City's Right to Revise Requirements. The City reserves the right at any time
during the term of the Lease to change the amounts and types of insurance
required by giving NRCA ninety (90) calendar days advance written notice of
such change.
C. Right to Review Subcontracts. NRCA agrees that upon request, all agreements
with subcontractors or others with whom NRCA enters into contracts with on
behalf of City will be submitted to City for review. Failure of City to request
copies of such agreements will not impose any liability on City, or its
employees. NRCA shall require and verify that all subcontractors maintain
insurance meeting all the requirements stated herein, and NRCA shall ensure
that City is an additional insured on insurance required from subcontractors.
For CGL coverage, subcontractors shall provide coverage with a format at least
as broad as CG 20 38 04 13.
D. Enforcement of Contract Provisions. NRCA acknowledges and agrees that any
actual or alleged failure on the part of City to inform NRCA of non-compliance
with any requirement imposes no additional obligations on City nor does it
waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Exhibit are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by
any insurance. Specific reference to a given coverage feature is for purposes
of clarification only as it pertains to a given issue and is not intended by any
party or insured to be all inclusive, or to the exclusion of other coverage, or a
NEWPORT RIDGE COMMUNITY ASSOCIATION
Exhibit E-3
6-34
DocuSign Envelope ID: EAF6CE4A-0293-4FD8-8C69-1D1B18E18E48
waiver of any type. If the NRCA maintains higher limits than the minimums
shown above, the City requires and shall be entitled to coverage for higher
limits maintained by the NRCA. Any available proceeds in excess of specified
minimum limits of insurance and coverage shall be available to the City.
F. Self -Insured Retentions. NRCA agrees not to self -insure or to use any self -
insured retentions on any portion of the insurance required herein and further
agrees that it will not allow any indemnifying party to self -insure its obligations
to City. If NRCA's existing coverage includes a self -insured retention, the self -
insured retention must be declared to City. City may review options with NRCA,
which may include reduction or elimination of the self -insured retention,
substitution of other coverage, or other solutions. NRCA agrees to be
responsible for payment of any deductibles on their policies.
G. City Remedies for Non -Compliance. If NRCA or any of its subcontractors fails
to provide and maintain insurance as required herein, then City shall have the
right but not the obligation, to purchase such insurance, or to suspend NRCA's
right to proceed until proper evidence of insurance is provided.
H. Timely Notice of Claims. NRCA shall give City prompt and timely notice of
claims made or suits instituted that arise out of or result from NRCA's
performance under this Lease, and that involve or may involve coverage under
any of the required liability policies. City assumes no obligation or liability by
such notice, but has the right (but not the duty) to monitor the handling of any
such claim or claims if they are likely to involve City.
I. Coverage not Limited. All insurance coverage and limits provided by NRCA and
available or applicable to this Lease are intended to apply to the full extent of
the policies. Nothing contained in this Lease or any other agreement relating to
City or its operations limits the application of such insurance coverage.
J. Coverage Renewal. NRCA will renew the coverage required here annually as
long as NRCA continues to provide any work under this Lease. NRCA shall
provide proof that policies of insurance required herein expiring during the term
of this Lease have been renewed or replaced with other policies providing at
least the same coverage. Proof that such coverage has been ordered shall be
submitted prior to expiration. A coverage binder or letter from NRCA's
insurance agent to this effect is acceptable. A certificate of insurance and/or
additional insured endorsement as required in these specifications applicable
to the renewing or new coverage must be provided to City with five (5) calendar
days of the expiration of the coverages.
K. Maintenance of General Liability Coverage. NRCA agrees to maintain
commercial general liability coverage for a period of ten (10) years after
termination of the Lease.
NEWPORT RIDGE COMMUNITY ASSOCIATION
Exhibit E-4
6-35
ATTACHMENT B
6-36
ATTACHMENT C
I E TP RT RIDGE
--� AT
NE4VPORT COAST
March 31, 2022
TO: The Newport Ridge Community Association Membership
FROM: The Newport Ridge Community Association Board of Directors
Dear Members,
The Newport Ridge Community Association Board of Directors wanted to update you on the status of
the pickleball courts in partnership with the City of Newport Beach, Recreation, Senior Services
Department. With all funding coming from the City of Newport Beach.
• There will be eight (8) pickleball courts
• Two (2) courts dedicated to Newport Ridge that will use the Association's key fob
• All eight (8) courts will be used for tournaments a few times a year
• The field remains multi -purpose and can accommodate both softball, soccer and pickleball for
all age groups
• The Pickleball center will be landscaped appropriately
• Parking for Pickleball center will be at the Newport Coast Community Center parking lot
• Bike racks will be provided at the pickleball courts
The Board of Directors is pleased to note that the construction will start January 2023 with estimated
completion of June 2023. Should you have any further questions regarding this matter, please email our
Community Manager, Lisa Barrett, at lisa.barrett@fsresidential.com.
A FirstService Residential Supported Community
15241 Laguna Canyon Road, Irvine, CA 92618 * (949) 448-6000 * FAX (949) 448-6400
www.fsresidential.com
6-37
ATTACHMENT D
RESOLUTION NO. 2021-108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING
APPLICATIONS FOR PER CAPITA GRANT FUNDS
UNDER THE CALIFORNIA DROUGHT, WATER, PARKS,
CLIMATE, COASTAL PROTECTION, AND OUTDOOR
ACCESS FOR ALL ACT OF 2018
WHEREAS, the State Department of Parks and Recreation has been delegated
the responsibility by the Legislature of the State of California ("State") for the
administration of the Per Capita Grant Program, setting up necessary procedures
governing application(s);
WHEREAS, said procedures established by the State Department of Parks and
Recreation require the grantee's governing body to certify by resolution the approval of
project application(s) before submission of said applications to the State; and
WHEREAS, the City of Newport Beach ("City"), as grantee, will enter into a
contract(s) with the State to complete Per Capita Grant Program project(s).
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby approve the filing of project
application(s) for Per Capita Grant Program project(s).
Section 2: The City Council certifies that said grantee has or will have available,
prior to commencement of project work utilizing Per Capita Grant Program funding,
sufficient funds to complete the project(s).
Section 3: The City Council certifies that the grantee has or will have sufficient
funds to operate and maintain the project(s).
Section 4: Pursuant to Public Resources Code ("PRC") Section 80063(a), the
City Council certifies that all projects proposed will be consistent with the recreation
element of the City's general plan.
Section 5: The City Council certifies that these funds will be used to
supplement, not supplant, local revenues in existence as of June 5, 2018 (PRC Section
80062(d)).
Section 6: The City Council certifies that the grantee will comply with the
provisions of Section 1771.5 of the State Labor Code.
AM
Resolution No. 2021-108
Page 2 of 4
Section 7: Pursuant to PRC Section 80001(b)(8)(A)-(G), to the extent
practicable, as identified in the "Presidential Memorandum --Promoting Diversity and
Inclusion in Our National Parks, National Forests, and Other Public Lands and Waters,"
dated January 12, 2017, the City will consider a range of actions that include, but are not
limited to, the following:
a) Conducting active outreach to diverse populations, particularly minority,
low-income, and disabled populations and tribal communities, to increase
awareness within those communities and the public generally about specific
programs and opportunities.
b) Mentoring new environmental, outdoor recreation, and conservation
leaders to increase diverse representation across these areas.
c) Creating new partnerships with State, local, tribal, private, and nonprofit
organizations to expand access for diverse populations.
d) Identifying and implementing improvements to existing programs to
increase visitation and access by diverse populations, particularly minority, low-
income, and disabled populations, and tribal communities.
e) Expanding the use of multilingual and culturally appropriate materials in
public communications and educational strategies, including through social media
strategies, as appropriate, that target diverse populations.
f) Developing or expanding coordinated efforts to promote youth engagement
and empowerment, including fostering new partnerships with diversity -serving and
youth -serving organizations, urban areas, and programs.
g) Identifying possible staff liaisons to diverse populations.
Section 8: Pursuant to PRC Section 80001(b)(5), the City agrees that to the
extent practicable, the project(s) will provide workforce education and training, as well as
contractor, and job opportunities for disadvantaged communities.
Section 9: The City Council certifies that the grantee shall not reduce the
amount of funding otherwise available to be spent on parks or other projects eligible for
funds under this division in its jurisdiction. A one-time allocation of other funding that has
been expended for parks or other projects, but which is not available on an ongoing basis,
shall not be considered when calculating a recipient's annual expenditures, pursuant to
PRC Section 80062(d).
6-39
Resolution No. 2021-108
Page 3 of 4
Section 10: The City Council certifies that the grantee has reviewed,
understands, and agrees to the General Provisions contained in the contract shown in
the Procedural Guide.
Section 11: The City Council delegates authority to the City Manager, Recreation
and Senior Services Director, or their designees, to conduct all negotiations, sign and
submit all documents, including, but not limited to applications, agreements,
amendments, and payment requests, which may be necessary for the completion of the
grant scopes.
Section 12: That the City agrees to comply with all applicable federal, State and
local laws, ordinances, rules, regulations and guidelines.
Section 13: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 14: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 15: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
. -X
Resolution No. 2021-108
Page 4 of 4
Section 16: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 16th day of November, 2021.
n
Br ery
ATTEST:
1.w
Leilani I. Brown ? M
City Clerk
wu
C`q�'FO RN%
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aa n C. Harp
City Attorney
6-41
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2021-108 was duly introduced before and adopted by the City Council of said City at a regular
meeting of said Council held on the 16th day of November, 2021; and the same was so passed and
adopted by the following vote, to wit:
AYES: Mayor Brad Avery, Mayor Pro Tern Kevin Muldoon, Council Member Noah Blom,
Council Member Joy Brenner, Council Member Diane Dixon, Council Member
Duffy Duffield, Council Member Will O'Neill
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 17th day of November, 2021.
v�_ f vi . .
Leilani I. Brown
City Clerk
Newport Beach, California
6-42
Attachment E
PA2022-091 CDD Action Letter
6-43
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
949-644-3200
www.newportbeachca.gov
COMMUNITY DEVELOPMENT DIRECTOR
ACTION LETTER
Subject: Newport Ridge Park Pickleball Courts (PA2022-091)
■ Staff Approval No. SA2022-003
Site Location: 6331 East Newport Ridge Drive
Applicant: Newport Ridge Community Association and The City of
Newport Beach
Legal Description: Parcel 1 of Lot Line Adjustment No. LL 94-006. See Attachment
No. CD 1 for property depiction, incorporated herein by
reference.
On April 29, 2022, the Community Development Director approved Staff Approval No.
SA2022-003 allowing the conversion of a portion of an existing baseball field into eight (8)
outdoor pickleball courts. This approval is based on the following findings and subject to the
following conditions.
LAND USE AND ZONING
Zone: PC53 (Newport Ridge), Planning Area 10 — Recreation
General Plan: PR (Parks and Recreation)
SUMMARY AND PROJECT DESCRIPTION
The Applicant requests the conversion of a portion of an existing baseball field at Newport
Ridge Park into eight (8) outdoor pickleball courts. The outdoor pickleball courts will be
allocated between the City and Newport Ridge Community Association (NRCA), with six (6)
courts designated for public use managed by the City and two (2) courts designated for
NRCA's exclusive use. The project also includes new park amenities such as sidewalks,
benches, picnic tables, water fountains, shade mechanisms, landscape, and hardscape.
The Applicant's request does not change the total square footage or operational
characteristics approved for Newport Ridge Park. No additional on -site improvements are
proposed.
BACKGROUND
Newport Ridge Park. The County of Orange Planning Commission approved Planning
Application No. PA95-0043 on March 30, 1995, for a site development permit to establish a
26-acre local park (Newport Ridge Park). The approval included grading and landscaping
with the following major attractions: a sand volleyball court, a family picnic area, shade
_
structures, play equipment, two (2) outdoor basketball courts, two (2) outdoor tennis courts,
a multi -purpose sports field, restrooms, and connecting walkways.
Pickleball Popularity. The sport of pickleball continues to rise in popularity among Newport
Beach residents and is one of the fastest growing sports in the country. In Fall 2017, the City
constructed four (4) dedicated pickleball courts at Bonita Canyon Sports Park Field No. 6 to
address the growing community need and interest in the sport. As the sport continues to
gain momentum as a mainstream recreational activity, the outdoor courts at Bonita Canyon
Sports Park have become heavily impacted and do not meet the increasing demand for
available court time. Adding new courts in the City would help fulfill the public demand for
more open court times and could also support recreational programs such as league play,
group/private lessons and tournaments for all skill levels and ages.
NRCA and City Partnership. The Newport Ridge Community Association (NRCA)
approached the City to partner in the development of pickleball courts at Newport Ridge
Park. The park is owned and managed by NRCA and presents itself as the most viable park
location in the City that meets important site conditions:
1. Distanced from homes to diminish potential noise impacts from pickleball play.
2. Existing parking that is sufficient to support the new recreational amenity.
3. Does not displace or impact any existing recreational programs.
Lease Agreement. City staff is in the process of negotiating a thirty (30)-year lease with
NRCA for use of land in exchange for development and maintenance costs of eight (8)
pickleball courts along the eastern edge of the park, adjacent to Newport Coast Community
Center parking lot. Per the agreement, the City will fund, design and construct eight (8)
courts. Six (6) courts of which will be maintained and operated for public use. The remaining
two (2) courts will be dedicated for NRCA use. In June 2021, the Parks, Beaches &
Recreation (PB&R) Commission appointed three (3) commissioners to serve on the
Newport Ridge Park Pickleball Courts Ad Hoc Committee to assist with conceptual design
and community outreach. The Ad Hoc Committee, NRCA Board Members, Recreation &
Senior Services and Public Works Departments have worked collectively to develop plans
for the eight (8) unlit courts and site amenities.
Proposed Improvements. The outdoor pickleball courts are designed to USA Pickleball
Association (USAPA) specifications and the site will be furnished with shaded viewing areas,
benches, trash cans, a bike rack and a bottle filling station. The two (2) northernmost courts
will be fitted with a key fob system securing and limiting these two courts for NRCA resident
access and use. The existing Newport Coast Community Center parking lot (122 spots) and
restrooms will be utilized to support public use of the site. NRCA pickleball players will also
have access to their community association parking lot and restrooms along the western
edge of the park. In December 2021, the PB&R Commission voted to approve and forward
design plans to City Council for final approval. On March 31, 2022, the Newport Ridge
Community Association Board of Directors noticed their membership about the project and
design parameters (Attachment No. CD 4) and received no opposition to the project.
6-45
II. FINDINGS AND FACTS
Pursuant to Section 20.54.070 (Changes to an Approved Project) of the Newport Beach
Municipal Code (NBMC), the Community Development Director may authorize minor
changes to an approved site plan, architecture, or the nature of the approved use, without
a public hearing, and waive the requirement for a new use permit application. This staff
approval is based on the following findings and facts in support of the findings. In this
case, the Director determined the proposed changes:
Finding:
A. Are consistent with all applicable provisions of this Zoning Code.
Facts in Support of Finding:
1. Newport Ridge Park will continue to be utilized as a recreational use. The outdoor
pickleball courts are typical accessory uses within a recreational park and are
permitted within Area 10 of PC53 (Newport Coast Planned Community Text)
designated for the subject property.
2. The Project provides new public accommodations in the form of outdoor pickleball
courts to serve the recreational needs of Newport Beach's visitors and residents.
The Project design will enhance the Recreation and Senior Services Department's
service capabilities to fulfill the public need for more open court times and could
also support recreational programs such as league play, group/private lessons and
tournaments for all skill levels and ages.
3. Pursuant to Chapter X (Permit Regulations and Procedures) of the Newport Ridge
Planned Community (PC53), a Changed Plan may make minor amendments or
changes regarding the location or alteration of any use or structure and may be
approved by the Planning Director pursuant to Orange County Zoning Code
Section 7-9-150.3. The property has since been annexed to the City. The City
Community Development Director serves in the capacity of the Planning Director.
4. The Project emphasizes a use that enables Newport Beach to continue as a self-
sustaining community. The Project minimizes the need for residents to travel
outside of the community to look for recreational services. The pickleball courts will
complement existing recreational infrastructure at Newport Ridge Park and the
Newport Coast Community Center.
5. The Project would adhere to interior and exterior noise standards of the Municipal
Code. Per Condition of Approval No. 8, all noise generated by the Project must
comply with the provisions of Chapter 10.26 (Community Noise Control) and other
applicable noise control requirements of the NBMC.
6. The pickleball courts are unlit, unenclosed, and do not increase the total square
footage or overall capacity for the project. The proposed changes are consistent
• 1 •
with the applicable conditions of approval of the original County Site Development
Permit No. PA95-0043.
7. Sufficient parking will continue to be available to serve all uses on -site. The outdoor
pickleball courts would not reduce existing parking. An on -site parking lot with 66
spaces (including accessible stalls) is adjacent to the multipurpose field. The 122
parking spaces at Newport Coast Community Center will also remain useable to
serve the site.
Finding:
B. Do not involve a feature of the project that was a basis for or subject of findings or
exemptions in a negative declaration or Environmental Impact Report for the
project
Facts in Suaaort of Findina:
1. No square footage or other new sports facilities are proposed at Newport Ridge Park.
The pickleball courts and new park amenities will provide for existing patrons and
will not result in excessive increased daily trips to the site.
2. The outdoor pickleball courts will replace an existing portion of a baseball field and
does not involve grading of any previously undisturbed land.
3. There is no substantial evidence that the proposed pickleball courts will have any
significant adverse impacts upon the environment. Final Environmental Impact
Report (EIR) 517, certified on February 26, 1991, was determined adequate to
serve as a Program EIR for Site Development Permit No. PA95-0043. The
pickleball courts do not affect any basis for findings or Applicable Mitigation
Measures of Final EIR 517 for PA95-0043.
Finding:
C. Do not involve a feature of the project that was specifically addressed or was the
subject of a condition(s) of approval for the project or that was a specific
consideration by the applicable review authority in the project approval.
Facts in Support of Finding-
1. The proposed changes do not negatively impact a feature that was specifically
addressed in staff reports or minutes prepared for Planning Application No. PA95-
0043. The recreational park was approved to serve the public with sports courts,
picnic areas, and play structures. The proposed pickleball courts and park
amenities do not substantially change the operation of the use, traffic, or parking
for the site as was originally authorized under the original Site Development Permit
No. PA95-0043.
6-4 7
2. Condition of Approval No. 3 in Site Development Permit No. PA95-0043 authorizes
changes to the approved plan, including location and alteration of any use or
structures, provided the change complies with the provisions and spirit and intent
of the approval action and that the action would have been the same for the
changed plan as the approved plan. In this case, the proposed change involves
removing an existing baseball field to accommodate eight (8) pickleball courts,
which are common recreational amenities in public and private parks today. If the
sport had the popularity as it does today, it is reasonable to assume that the
pickleball courts would have been included at the time the park was originally
developed. As a result, altering the existing baseball field to accommodate
pickleball courts complies with the original approval's provisions, intent, and spirit.
3. The proposed pickleball courts do not result in any additional impacts beyond
those analyzed prior to original project approval as documented in Planning
Application No. PA95-0043. The project does not displace or impact any existing
recreational programs, but serve to enhance existing amenities for residents and
visitors of Newport Beach.
4. No conflict exists between the project and identified Natural Community
Conservation Planning (NCCP) area. Development of the courts and park
amenities are on an existing baseball field and adheres to the mitigation measures
and conditions of approval of the approved park.
5. The proposed outdoor pickleball courts are approximately 300 feet away from the
nearest residential use and separated by San Jaoquin Hills Road. Existing parking
is sufficient to support the new recreational amenity. Since the courts are unlit and
no amplified noise is permitted, negative impacts to residential uses are not
anticipated.
6. Off-street parking will be maintained as established in the County of Orange
Zoning Code. The Director has determined sufficient parking will be provided in
the existing 122-space surface parking lot at Newport Coast Community Center
and 66-space surface parking lot at Newport Ridge Park.
Finding
D. Do not result in an expansion or change in operational characteristics of the use.
Facts in Suaaort of Findina:
1. The Project's size and operational characteristics complement the existing park
amenities such as the tennis and basketball courts on -site. The addition of the
pickleball courts will not result in a change in the operational characteristics of the
park but will instead provide additional amenities to complement the existing
facilities. The pickleball courts are typical athletic facilities found at parks.
2. The Recreation and Senior Services Department, Public Works Department, and
the Parks, Recreation, and Beach Commission reviewed the application. The
. .,
Project is required to obtain all applicable permits from the appropriate City
Departments and must comply with the most recent, City -adopted version of the
California Building Code.
III. DETERMINATION
The Community Development Director determined that the proposed pickball courts and
park amenities are consistent with the plans approved by the Orange County Planning
Commission in conjunction with the review and approval of Planning Application No. PA95-
0043.
IV. CONDITIONS
1. The development shall be in substantial conformance with the approved site plan,
floor plans, materials board, and elevations stamped and dated with the date of this
approval (except as modified by these conditions of approval).
2. The development shall be in substantial conformance with all applicable conditions
of the County of Orange's Site Development Permit No. PA95-0043.
3. The use of amplified sound within the outdoor pickleball courts area shall be
prohibited.
4. This approval shall expire unless exercised within twenty-four (24) months from the
date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of
the NBMC, unless an extension is otherwise granted.
5. The Applicant is required to obtain a building permit from the City's Building Division
and Fire Department. The construction plans must comply with the most recent, City -
adopted version of the California Building Code. The construction plans must meet
all applicable State Disabilities Access requirements.
6. The Applicant shall comply with all project design features, mitigation measures,
and standard conditions contained within the approved Mitigation Monitoring
Reporting Program (MMRP) as approved by the County of Orange in Planning
Application No. PA95-0043 for the project.
7. Any modification to the parking lot and/or number of parking spaces shall be
reviewed and approved by the Planning Division.
8. All noise generated by the proposed use shall comply with the provisions of
Chapter 10.26 and other applicable noise control requirements of the Newport
Beach Municipal Code (NBMC). The maximum noise shall be limited to no more
than depicted below for the specified time periods unless the ambient noise level
is higher -
EMU
Between the hours of 7:OOAM
and 10:OOPM
Between the hours of
10:OOPM and 7:OOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located within
100 feet of a commercial property
45dBA
60dBA
45dBA
50dBA
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Property
N/A
65dBA
N/A
60dBA
9. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever which may
arise from or in any manner relate (directly or indirectly) to City's approval of the
Newport Ridge Park Pickleball Courts including, but not limited to, Staff
Approval No. SA2022-003 (PA2022-091). This indemnification shall include, but
not be limited to, damages awarded against the City, if any, costs of suit, attorneys'
fees, and other expenses incurred in connection with such claim, action, causes
of action, suit or proceeding whether incurred by Applicant, City, and/or the parties
initiating or bringing such proceeding. The Applicant shall indemnify the City for
all of City's costs, attorneys' fees, and damages which City incurs in enforcing the
indemnification provisions set forth in this condition. The Applicant shall pay to the
City upon demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition.
APPEAL PERIOD: An appeal may be filed with the Director of Community Development
or City Clerk, as applicable, within fourteen (14) days following the date the action or decision
was rendered. For additional information on filing an appeal, contact the Planning Division
at 949 644-3200.
On behalf of Seimone Jurjis, P.E., C.B.O., Community Development Director
By:
a "I "- ��
Patrick Achis
Assistant Planner
JC / pda
Attachments: CD 1 Property's Legal Depiction
CD 2 Vicinity Map
CD 3 Excerpt of PA95-0043 Conditions of Approval and Findings
CD 4 Project Plans
6-50
Attachment No. CD 1
Property's Legal Depiction
6-51
DocuSign Envelope ID: EAF6CE4A-0293-4FD8-8C69-1D11318E18E48
EXHIBIT "A"
DEPICTION OF NRCA PROPERTY
EXHIBIT A-1
6-52
Attachment No. CD 2
Vicinity Map
6-53
VICINITY MAP
Staff Approval No. SA2022-003
PA2022-09
6331 East Newport Ridge Drive
6-54
Attachment No. CD 3
Excerpt of PA95-0043 Conditions of
Approval and Findings
6-55
f�a.. � County of Orange Q&J(b
FILE; PA 95-0043
DATE
TO: 'ilefRecordfApplicant
FROM: Michael M. Ruane, Director EMA
SUBJECT: Planning Application PA 95-0043 for Site Development Pexrnit
APPLICANT: Coastal Community Builders
I. NATURE OF PROTECT,
Site plan approval for development of a local park (Newport Ridge LooaZ
Park) in Planning Area 10 of the San Joaquin Hills Planned Community
(marketed and more commonly known as Newport Ridge). Planning Area 10 has
a land use designation of R "Recreation" and the proposed park is a
permitted use subject to the approval of a site Development Permit. The 26
acre park, in addition to grading and landscaping has the following major
attractions: a sand volleyball court; a family picnic area with four
picnic tables; a group picnic area with shade structure; a tot lot/play
area, with play equipment; two basketball oourt5; two tennis courts; a
multipurpose field that can be configured into a soccer field or two
softball fields; a restroom; and, conneating walkways with seating areas
throughout the park. A parking lot with 66 spaces (including three
handicapped spaces) is located adjacent to the multipurpose field.
Newport Ridge Park is located on the north side of San Joaquin Fills Road
and is bordered by Newport midge Drive East and the now closed Coyote
Canyon Landfill. Park construction is by Coastal Community Builders and
the maintenance will be the responsibility of the Newport Ridge Community
associations. This park and two view parks located in Planning Area 17
{Planning Application PA 95-0044) satksfies the local park requirements for
the San Joaquin Hills Planned community.
l-T. REFERENCE, (Authority for AdmInistrative action is given by what
ordinance, regulation, etc.)
San Joaquin Hills Planned Community Chapters IV and x; and, Orange county
Zoning Code Section 7-9-150.
6-56
l .I
PA 95-004e3 Neport Ridge Park
Page i of 7
III. ENVIROMMENTAL DOCUMENTATION:
The proposed project is covered by Final EIR 517. section V of this report,
contains the required CEQA Finding.
IV. CERTIFICATION.
I hereby certify that the subject proposal has been conditionally Approved
as noted below.
Michael X. Ruane, Director EMA
By:
Charles M. Shq4naker, Chief
Date;h� Site Plannin, Section
WVH
V. FTNDING$:
I. The use or project proposed is consistent with the objectives,
policies, general land uses and programs specified by the General Plan.
II. The use, activity or improvement(s) proposed, subject to the specified
condition$, is consistent with the provisions of the Zoning Code and
the San Joaquin Hills Flanged, Community regulations applicable to the
property.
III. Final RIR 517, previously certified on February 26, 1991, was
considered prior to approval of the project, was determined adeglaate to
serve as a Program EIR far this projaot, and- satisfies all the
requirements of CEQA.
IV. The location, size, design and operating characteristics of the
proposed use will not create unusual noise, traffic or other conditions
or situations that may be objectionable, detrimental or incompatible
with other permitted uses in the vicinity.
6-5 7
4
PA 95-0043 report Ridge Park
Page 3 of 7
V. The application will not result in conditions or circumstances contrary
to the public health and safety and the general welfare.
VI. That the permit would not allow development of a project that would
contribute to the need for a fire station or library facility for which
a faa is requirad, as that term in dc:£ined in 8oction 7-9-701.
V1I. That the proposed use will not significantly change the traffic
generation characteristics ❑f the existing use, with respect to the San
Joaquin Hills Transportation Corridor Major Thoroughfare and Bridge Fee
Program, thus corridor fees are found not tc be appropriate in this
instance.
1. LU NA NA BASIC f ZQNYNG REQUL.3,TIQNS
This approval constitutes approval of the proposed project only to the
extent that the project complies with the Orange County Zoning Code and any
other applicable zonirng regulations. Approval does not include any action
or finding as to Compliance of approval of the project regarding any other
applicable ordinance, regulation or requirement.
2. LU IAA NA BASIC/TIME LIMIT
Thic approval is valid for a period of 24 months from the date of final
determination. If the use approved by this action is gat established within
such period of time, this approval shall be terminated and shall thereafter
be null and void.
3. LU NA NA BASIC/PRECISE PLAN
Except as otherwise provided herein, this permit is approved as a precise
plan. After any application has been approved, if changes are proposed
regarding the location or alteration of any use or structure, a changed plan
may be submitted to the Director-EMA for approval. If the Director
determines that the proposed grange complies with the provisions and the
spirit and intent of the approval action, and that the action would have
been the same for the changed plan as for the approved plot plan, he may
approve the changed plan without requiring a new public hearing.
4. LU NA NA BASICICOMPLIANCE
Failure to abide by and faithfully comply with any and all conditions
attached to this approving action shall constitute grounds for the
revocation of said action by the Orange County Planning Commission.
PA 95-0043 Keport Midge park
Page 4 of 7
5. LU NA NA BASICfOBLIGATIONS
Applicant shall defend at his/her sole expense any action brought against
the County becauss of issuance of this permit or, in the alternative, the
relinquishment of such permit. Applicant will reimburse the County for any
court costs and attorney's fees which the County may be required by a court
to pay as a result of such action. County may, at its sole discretion,
participate in the defense of any such action, but such participation shall
not relieve applicant of his obligations under this condition.
6. DS DS G GEOLMY RPT
Prior to the issuance of a grading permit, the applicant shall submit a
geotechnical report to the Manager, Development Services, for approval. The
report shall include the information and be in a form as required by the
Grading Manual.
7. DS DS G GRADING DEVIATION
Prior to the ic!�uance of any grading permits, if review of the grading plan
for this property by the Manager, Development Services, indicates
significant deviation from the proposed grading illustrated on the approved
tentative tract map, specifically with regard to slows heights, slope
ratios, and pad elevations and configuration, the plan shall be reviewed by
the Subdivision Committee for a finding of substantial conformance. Failure
to acbleve such a finding will require processing a revised tentative tract
map; or, if a final tract/parcel map has been recorded, a new tentative
tract/parcel map or a site development permit application per Orange County
Zoning Cade section 7-9-139 and 7-9-150.
S . lip HIS Gib GRADING ADJ PRK
Prior to the recordation of the first final tractfparael map or issuance of
the first grading permit for projects located immediately adjacent to or
including portions of regional parks, significant open space corridors, or
other environmentally sensitive areas, the project proponent shall provide
evidence acceptable to the Manager, Development Services, in consultation
with the Manager, HB&P/Program Planning, that graded areas will be
compatible with natural land characteristics of the adjacent areau. 'Treat-
ment to achieve the desired effect Shall include:
A. Smooth and gradual transition between graded slopes and existing
grades using variable slopes ratios (2:1-4.1); and
B. Urban Edge Treatment/Landscaping Plan(s) for all graded areas
adjacent to open space; and
C. Incorporating architectural and design techniques into the project
in order to enhance off -site views attained from within parks and
other environmentally sensitive areas,
9. 2P D5 G EROSION CONTROL
Prior to the issuance of grading permits, the project proponent shall submit
to the Manager, Development services, for review and approval, an Erocicn
Control. Plan.
6-59
PA 95-0043 report Midge Paris
Page 5 of 7
10. F F G WATER IMPV PLANS
Prior to the issuance of grading permits, water improvement plans shall be
submitted to and approved by the Fire Chief to ensure adequate fire
protection and financial security is posted for the installation. The water
system design, location of valves, and the distribution of fire hydrants
will be evaluated and approved by the Fire Chief.
11. F F E COMBSTELE CQNST
Prior to the issuance of any building permits for combustible construction,
a letter and plan From the developer shall. be submitted to and approved by
the Fire Chief. This letter and plan shall state that water for fire
fighting purposes and an all weather fire access road shall be in place
before any combustible materials are placed on the site.
12. F F E WATER AVAILABILITY
Prior to the issuance of any building permits, an Orange County Fire
Department Water Availability Form shall be submitted to and approved by the
Engineering Section of the Orange County Fare Department. If sufficient
water to meet fire flow requirements is not available, an automatic fire
extinguishing system shall be installed in each structure,
] F F U FIRE 8YDPANT MARi{riR
Prior to the issuance of any certificates of use and occupancy, all fire
hydrants shall have a "Blue Reflective Pavement Marker" indicating its
location on the street or drive per the Orange County Fire Department
Standard. on private property these markers are to be maintainers in good
condition by the property owner.
14. F F S BUILDING USB
Prior to the issuance of any building permits, the applicant shall submit a
detailed letter of intended use for each building to the Fire Chief.
25. F F G STREET PLANS
Prior to the issuance of any grading permits, plans for all street and
courts, public or private, shall be submitted to and approved by the Fire
Chief. The plans shall include sectional view, and indicate the width
measured flow line to flow line. All proposed fire apparatus turnarounds
shall be clearly marked.
16. F F R ?IRE HAZARD
Prior to the recordation of a final tract/parcel map, a note shall be placed
on the map meeting the approval of the Fire Chief that the property is in a
(high) fire hazard due to wildland exposure.
17. F F GB FUEL MOD PLAN
Prior to the issuance of any grading permits, a fuel modification plan and
program shall be submitted and approved by the Fire Chief. Contact the
wi.ldland Fire Defense Planning Section at 744-0498 for requirements and
clearance of thi.e condition. The plan shall indicate the proposed means of
achieving an acceptable level of risk to structures by vegetation. Include
the method {mechanical or hand labor) for removal of flammable vegotation
on Me
Fa 95-0043 Deport Ridge Park
Page 6 of 7
and the planting of drought tolerant fire resistant plants. The approved
fuel modification plan shall be installed prior to the issuance of building
permit$, under the supervision of the Fire Chief, and completed prior to the
issuance of any use and occupancy permits. The CC&R's shall contain
provision for maintaining the fuel modification zones including the removal
of all dead and daring vegetation and the inspection and correction of any
deficiencLea in the it.rigation system three times a year.
is. TE TR G SPECIAL - DRIVEWAY
Prior to the issuance of grading permits, the driveway located along San
Joaquin Hills Road near its intersection with Newport Coast Drive shall be
removed and replaced with curb, gutter and sidewalk in a manner meeting the
approval of the Manager, Traffic Engineering.
19. BP BP a CONST NOISE
A. Prior to the issuance of any grading permits, the project proponent
shall produce evidence acceptable to the Manager, Building Permits,
that:
(1) All coristzuvtion vehicles or acluipment, fixed or mobile, operated
within 1,000' of a dwelling shall be equipped with properly
operating and maintained mufflers.
(2) All operations shall comply with orange County Codified ordinance
Division 6 (Noise Control).
(3) Stockpiling and/or vehicle staging areas shah be located as far
as practicable from [swelling's.
B. notations in the above format, appropriately numbered and included with
other notations on the front sheet of grading plans, will be considered
as adequate evidence of compliance with this condition.
20. EP HP G PALED GRD OBS
1f required by the Manager, HBtP/Program Manning, prior to the issuance of
a grading permit, the project applicant small provide written evidence to
the Manager, Development Services, that a County -certified paleontologist
has been retained to observe grading activities and salvage and catalogue
fossils as necessary.
21. EP BV B LIGHT AND GLARE
Prior to issuance of any building permit, the applicant shall demonstrate
that all exterior lighting has been designed and Located so that all direct
rays are confined to the property in a manner meeting the approval Of the
Manager, Building Permits.
22. ER SD B POLLUTANT RUNOFF
Prior to issuance of building permits, permit applicant shall submit for
approval, of the Manager, Development Services, a Water Quality Management
Plan (WQMP) specifically identifying Best Management Practices (BMPS) that
will be used on site to control predictable pollutant runoff.
6-61
PA 95-0043 Report Ridge Park
Page 7 of 7
23. HF BI U PVT LANDS?
Prior to the issuance of certificates of use and occupancy, landscape plans
for privately maintained landscape areas shah, be prepared by a licensed
landscape architect taking into account an approved preliminary landscape
plan (if arty), RMJk Standard plans, adopted planned community, scenic
corridor and specific plan requirements, Grading and Excavation Cade,
recreation trail and erosion control requirements, Subdivision Code, zoning
Code, conditions of approval, Water Conservation Measures contained in Board
Resolution 90--487 (Water Conservation Meaijures),Wand Board Reaulutl4n
90-1341 (water Conservation implementation Plan). The plans shall be
certified by the landscape architect or the licensed landscape contractor,
as applicable, as to compliance witt said requirements. Furthermore,
applicant shall have installed said landscaping and irrigation system and
shall have a licensed landscape architect verify that the landscaping and
irrigation system was installed in accordance with the certified plan.
Applicant shall furnish a landscape plan certification and installation
verification, including an irrigation management report for each landscape
irrigation system, ,and any other required implementation report determined
applicable, in writing to the Manager, Building Inspection, prior to the
issuance of any certificates of use and occupancy.
6-62
Attachment No. CD 4
Project Plans
6-63
DocuSign Envelope ID: EAF6CE4A-0293-4FD8-8C69-1D1B18E18E48 --
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