HomeMy WebLinkAbout12 - Joint Powers Agreement with County, and an Amended and Restated Ground Lease with NAC for North Star Beach Located at 1 Whitecliffs Drive - PowerPoint0A
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October 10, 2023
Item No. 12
OINT POWERS
AGREEMENT WITH
COUNTY OF ORANGE
AMENDED AND
RESTATED GROUND
LEASE WITH
NEWPORT AQUATIC
CENTER
.
October 10, 2023
GUIDING DOCUMENTS
Joint Powers Agreement
between City and County (1982)
Joint fee owners of property
known as North Star Beach
2 parcels; 16 acres
Deed restrictions limiting use of
the land
Public park compatible
with an ecological reserve
Public beach and related
public facilities
Solicit bids to secure ground
lease with a non-profit and
develop an aquatic facility
Development Permits
Use Permit No. 3104 issued by
City's Planning Commission
(1984 )
Coastal Development Permit
No. 5-84-786 issued by Coastal
Commission (1985)
Ground Lease between
City and NAC (1987)
Aquatic Center operation
1 parcel; 4 acres of North
Star Beach
Including public facilities,
boat storage, docks, etc.
Operate in accordance
with a City approved
Facilities Management
Plan (FMP)
Addendum (1997) after facility
expansion
Expires October 2023
Q�EWPp�T
O �R,
CqG/FOFL
AMENDED AND RESTATED GROUND LEASE
30-year term, with two 10-year extensions
No fee lease in exchange for continued operation of aquatic
facility (human -powered watercraft sports) at no cost to the City
Subject to all entitlements and permits issued by the City,
County, state, and federal agencies
Waiver of Council Policy F-7
Continue to operate with a City -approved Facilities
Management Plan
Continue to provide and satisfy City insurance requirements
IMPROVEMENTS
TO THE
GROUND LEASE
Q�EWPORT
O �R,
CqG/FOFL
NAC to invest at least 3% of their
annual gross revenues to repair and
maintenance of the facility
Required inspections with the City
and NAC to provide:
Annual program reporting and
forecast;
• Annual maintenance planning and
completion report; and
Annual report of board members
Added internal control language
requiring NAC to:
Maintain internal accounting
procedures and control, consistent
with GAAP
Report out to the City about their
internal control audits and complete
an annual independent audit.
• City has the option to conduct audit
• Specifically defined defaults and time
periods to cure
• i.e. 10 calendar days to address
accumulation of refuse
5
FACILITIES
MANAGEMENT
PLAN
Q SEW POST
e�
Cql FOR
Programs, services and activities
offered to the general public
Portions of the facility are
available for City use and public
recreation programs
Repair, maintain and improve the
facility
i.e., Projected remaining
useful life of all major
components of the Facility
Necessary provisions to ensure
operation is maintained in
accordance with all guiding
documents
i.e., Prohibited third -party
storage of vehicles, vessels, or
trailers on the site, when not
related to an event