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Home My WebLink About5TH AND MARGUERITE CDM_10_MEDIA10_MEDIA Land Lease Given- M N. ewport OK + &WPORT BEACH —with Mayor Donald McInnis return- hlg,to break the deadlock; city council this week voted 4.3 to lease three acres of property to a private elementary school for an .indefinite period but less than a year. On May 27, the council mulled a proposal to lease the parcel, at Sth Street and Marguerlte Avenue in Corona del Mar and the three buildings on it to Carden School, the highest of three bidders, but tied 3.3. Me - Innis was absent. , The land is part of a 5-116re property which the city bought frog the state for $450,000 ; in April. The six acres are part of the former right of way for a defunct coastal freeway. iP4ter Barrett, John Stbre and' Lucille Kuehn voted against the lease, arguing that it might interfere with tentative city; plans to build a senior cfti*ns center on the portion of the ,property to be leased to Carden School. Tge city has applied for an $113;00o grant from the federal iDep$rtment of Housing and Ur. ban; Development to construct puoh a center. Bat McInnis, speaking for the majority formed by his return, said; that to hold up the lease of 'the property because of the pos- albihty of building the ,center would be to "put the cart in front of the horse." The city doesn't know wheth- er it will get the grant and, because of strings that might be attached, whether it will accept bhe grant if it is offered, Mc- Innis said. In the meantime, the city would be better off to collect rent: at the rate of $22,500 of- fere$ by Carden School. In addi. tion, be stated, the school has agrgd to maintain the build- ings,on the site, said by •a city staff: report to be deteriorating. In:the-past, the site has been used -by the Harbor Area Day School, but its lease has ex- r 'a. � 134f� AC tY OF NEWPORTIEAOH MEMORANDUM: F -OM HUGH R. COFFIN BOB LONG TO....BOB..WYNN.......................................... June 18 ................ Attached is a copy of the proposed lease for The Carden School of Corona del Mar. I have not had the opportunity to review and revise, if any revisions are to be made, so please let me have your comments. Reply wanted Reply not necessary ❑ Ness 1975.... ............................... HUGH R. COFFIN:yz 4 LEASE (5th & Marguerite Site) The Carden School of Corona del Mar THIS LEASE, made and entered into this day of , 1975; by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City", and JOHN D. WILSON, and JUDITH A. WILSON, husband and wife, doing business as The Carden School of Corona del Mar, 2017 Miramar Drive, Balboa, California, 92661, hereinafter referred to as "Lessee": W I T N E S S E T H A. City holds title to that certain real'property consisting of two classroom buildings and administrative building in the City of Newport Beach, County of Orange, State of California, located near the intersection of 5th Avenue and Marguerite Street, and which is legally described as: That portion of Blocks 92 and 96 of the Irvine Subdivision, recorded in Block 1, page 88, Official Records of Orange County. B. City proposes to lease to lessee the premises described hereinabove and the structures located thereon and Lessee proposes to lease from City said real property and buildings, consistent with the terms, covenants and conditions contained hereinafter. C. City desires to retain controls over the use of said property, which controls are expressed by the terms, covenants and conditions contained hereinafter to protect the public interest in and to said property. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS', hereinafter set forth, it is agreed as follows: 1. Leased Premises. City hereby leases to and lessee does hereby lease from the City the property described in paragraph A above. 2. Term. The term of this lease shall be from year to year commencing on the 1st day of July of each year, unless sooner terminated in the manner hereinafter provided. 3. Rental. Lessee shall pay to City, and City shall accept as rental for said demised premises, the sum of One Thousand Eight Hundred Seventy Five Dollars ($1,875.00) per month during each month of the term hereof payable monthly, in advance, on the first day of each and every month during the term hereof, and lessee shall pay to City the sum of Three Thousand Seven Hundred Fifty Dollars ($3,750.00) as payment for the first and last months' rental under this Lease. • 4. Use. Lessee shall use the demised premises, together with the buildings located thereon, for the purpose of operating a private day school. S. Alternate Business Activities. Lessee shall not grant any concession, license, permit or privilege to conduct any business or other operation for profit or alter the use or type of service on the demised premises without the prior written approval of the City Manager. 6. Supervisory Control. City retains the power to exercise such supervisory control over•the use and operation of the demised premises by lessee, with the right to enforce such rules, regulations and orders as may be deemed necessary by City in order to obtain compliance by lessee with the terms and conditions contained herein. Lessee agrees to comply with any such rules, regulations and orders. Any breach by lessee of the terms and conditions of this lease shall constitute grounds for termination. 7. Utilities and Maintenance. Lessee shall promptly pay for all utilities services furnished to it, such as gas, telephone, electricity and water, as well as provide for the day to day maintenance and repair of the buildings. Lessee shall paint the buildings, which are presently in a poor condition, weed and land- scape the area bordering 5th and Marguerite Avenues, and re- establish the playing field on the east portion on the demised premises. Lessee shall further make all necessary repairs to the -2- . plumbing, electrical facilities and other portions of the buildings. 8. Taxes. Lessee recognizes and understands that in -accepting this lease that his interest in the demised premises may be subject to a possible possessory interest tax that may be imposed by County authority, and lessee shall pay said tax, should it be imposed, and such tax payment shall not reduce any rent due hereunder. 9. No Assignment or Subletting. Lessee shall not assign or sublet this lease, or any portion thereof, nor make or suffer any alteration to be made in or on said property, other than the main- tenance required hereinabove, without the prior written consent of the City Manager. 10. Assumption of Tenant Ability. Pursuant to Section 1942.1 of the California Civil Code, lessee specifically waives his rights under Section 1941 and 1942 of the California Civil Code, and lessee agrees that any improvements, repairs or maintenance of all or portions of•the buildings, required to be done by lessee, are a part of the consideration for the rental hereunder, and the rental payments hereinbefore set forth, shall not be reduced. Lessee covenants and agrees to assume all of the obligations and conditions under Section 1941 and 1942 of the California Civil Code, which read as follows: "§1941. [Lessor to make dwelling -house fit for its purpose]. The lessor of a building intended for the occupation of human beings must, in the absence of an agreement to the contrary, put it into a condition.fit for such occupation, and repair all subsequent dilapidations thereof, which render it untenantable, except such as are mentioned in section nineteen hundred and twenty-nine. 51942. [When lessee may make repairs, etc.] (a) If within a reasonable time after notice to the lessor, of dilapidations which he ought to repair, he neglects to do so, the lessee may repair the same himself, where the cost of such repairs does not require an expenditure greater than one month's rent of the premises, and deduct the expenses of such repairs from the rent, or the lessee may vacate the premises, in which case he shall be discharged from further pay- ment of rent, or performance of other conditions. This remedy shall, not be available to the lessee more than once in -any 12-month period. (b) For the -3- purposes of this section, if'a lessee acts to repair and deduct after the 30th day following notice, he is presumed to have acted after a reasonable time. The presumption established by this subdivision is a presumption affecting the burden of producing evidence." 11 Permits and Licenses. Lessee is using the demised premises for the operation of a private school. Prior to commenc- ing said operation, lessee shall obtain, and keep in force and effect during the term hereof, all permits, licenses or other entitle- ments to be used issued by any City, County, State, Federal or other governmental jurisdiction. Should any permit, license or other entitlement to use be lost or modified, lessee shall forthwith terminate his operation or if necessary, a part thereof as is required by the loss and reduction of a license, permit, or entitle- ment to use. 12. Insurance - hold harmless. Lessee shall save and keep City, its officers, agents and employees, free and harmless from any and all claims or demands of any kind or nature whatsoever arising'out of, or incident to, the use and occupancy of the premises herein demised. In partial performance of this obligation by lessee, lessee shall procure and at all times during the term of this lease, maintain in fu11 force and effect, a policy or policies of public liability and property damage insurance protecting the City of Newport Beach, its officers, agents and employees from all claims or demands fnidamages. The policy, or policies shall provide for not less than Two Hundred Thousand Dollars ($200,000.00) for injury or death of one person', Five Hundred Thousand Dollars ($500,000.00) for injury or death of two or more persons, and Fifty Thousand Dollars ($50,000.00) for damages to property. The City Manager may require an increase in the amount of insurance from time to time in accordance with the changes and economic conditions. Said policy or policies shall contain an endorsement which shall provide as follows: "Within the limits set forth in this policy, to indemnify and save the City of Newport Beach, its officers, agents and -4- . employees free and harmless from any damages, claims, loss or liability of any kind or nature whatsoever which the City of Newport Beach, its officers, agents or employees may hereafter sustain or suffer, or may be imposed upon them, arising out of, or any way connected with, the use or occupancy by.the insured, its servants, - agents and employees, of the premises described in a lease granted to the insured by the City of Newport Beach, the City of Newport Beach is named an additional insured under this policy. It is further agreed that said insurance shall be primary insurance and shall not contribute with any other third party liability insurance available to the City of Newport Beach." Lessee shall furnish, and maintain with the City, either the original policy or policies, or a certified copy, or copies, thereof. The policy or policies, shall be approved as to sufficiency by -the City Manager and as to form by the City Attorney. Said policy or policies shall further contain a provision that they may not be terminated without prior thirty (30) days written notice to the City. 13. City's Right of Inspection. City reserves the right by its authorized agents, employees or representatives to enter, the leased premises at any reasonable time to inspect the same or any part thereof and -to attend to or protect the City's interest under this Lease. 14. Compliance with Laws. Lessee covenants and agrees to comply with all of the rules, regulations, statutes,.ordinances and laws of the State of California, County of Orange, City of Newport Beach and any other governmental body or agency have a lawful jurisdiction over the demised premises or the business„ enterprise or activities conducted thereon. 15. Surrender of Premises Upon Expiration or Termination. At the expiration of the term of this lease, or sooner termination of this lease, lessee shall quit and surrender possession of the property and appurtenances 'to the City in as good order and condition as the property was after lessee had performed the maintenance work -5- . as required under the terms and conditions of this lease, reasonable wear and tear and damage by the elements excepted. 16. Non -Compliance. If Lessee fails to comply with any of the terms and conditions of this lease, City may give to the lessee a notice in writing of such failure and specify therein the particulars in which lessee has failed to comply with the provisions of this lease. If Lessee fails for a period of ten (10) days after the giving of such notice to comply with the provisions of this lease, the City may, at its option, terminate this lease, and all rights of lessee herein shall cease and terminate and lessee shall immediately thereafter peacefully deliver possession of the premises to the City. 17. Default and Termination of Lease. A. Default. Time and each term, covenant and condition hereof are expressly made the essence of'this lease. If lessee shall fail to comply with any of the terms, covenants, or conditions of this lease including the payment of rental herein reserved, at the time and in the amount herein required, and shall fail to remedy such default within thirty 130) days after service of a written notice from City so to do, or to commence in good faith to remedy any other default within thirty (30) days and there- after diligently prosecute the same to completion, or if lessee shall abandon or vacate the leased premises, City may, at its option, without further notice or demand, terminate this lease and enter upon the leased premises and take possession thereof and remove any and all persons therefrom with or without process of law. B. Termination. City and Lessee each respectively reserve the right to terminate this lease for any reason, and without cause, at any time by giving the other party sixty (60) days prior written notice of its intention to terminate. C. Surrender of Possession Upon Termination. Lessee covenants and agrees that upon the expiration or sooner termination of this lease, the lessee will peacefully surrender the leased premises with all buildings and improvements, in the same condition -6- as when received, and as maintained and improved by lessee as required herein, less reasonable use and wear thereof, any damage by fire, act of God, or by the elements. Lessee expressly waives any right which it may have to relocation assistance or other costs in vacating the demised premises under the relocation law of the State of California, Section 7260 et, seq. California Government Code. Any improvements built, constructed or placed upon the demised premises by the lessee, or anyone holding by, under or through it, shall remain on the leased premises and become the property of the City without any costs to City upon termination of this lease, whether by lapse of time or by reason of default, unless the lessee elects removes said improvements within sixty (60) days following the expiration or termination hereof. D. Remedies Cumulative. The rights, powers, elections and remedies of the City contained in this lease shall be construed as cumulative and on one of them shall be exclusive of the other or exclusive of any rights or remedies allowed by law, in the exercise of one or more rights, powers, elections or remedies shall not appear or be deemed a waiver of City's right to exercise any other. E. No Waiver. No delay or omission of the City to exercise the'right or power arising from any omission, neglect, or default of the -lessee shall impair any such right or power or shall be construed as a waiver of any such omission, neglect or default on the part of the lessee or any acquiescence therein. No waiver of any breach of any of the terms, covenants, agreements, restrictions or conditions of this lease shall be construed as a waiver of any succeeding breach of the same or of any of the terms, covenants, agreements, restrictions or conditions of this lease. F. Holding Over. it is mutually agreed that if the lessee shall hold over after the expiration of this lease for any cause, such holding over shall be deemed a tenancy from month to month only, - and upon the same terms, conditions and provisions of this lease. -7- G. Liquidated Damages. Should lessee hold over after receipt of notice from City to terminate the lease as provided hereinabove, and not with the consent of City, it is agreed that the damages suffered by City are extremely difficult to ascertain and the pasties hereto agree that liquidated damages will accrue to the City in the amount of $50.00 per day held over. 18. Attorneys Fees. Should the City be required to commence any legal proceedings to enforce a term, covenant or condition of this lease, the prevailing party shall be compensated by the other all costs and attorneys' fees incurred by the prevailing party in prosecuting an action hereunder. 19. Notices. It is mutually agreed that any notice or notices provided for by -this lease or by'law, to be given or served upon the lessee, may be given or served by mail, registered or certified, with postage prepaid, and -if intended for -the City of Newport Beach, addressed to the City Manager, Newport Beach, California 92660 or at such other address as may hereafter be furnished to the lessee in writing and if intended for the lessee, addressed to lessee, 2017 Miramar Drive, Balboa, California, 92661. Said notice may also be served personally from the other party, and such service shall be deemed complete at the expiration of forty- eight (48) hours from and after the deposit -in the United States Mail of such notice, demand or communication. 20. Assurances. The lessee gives to the City such assurances as are contained in attached Annex No. 1, which is incorporated herein by this reference and any breach of any said assurances shall be cause for termination as hereinabove provided. IN WITNESS,WHEREOF, the parties hereto have executed this Lease as of the day and year first above written. -8- \J °+ ASSURANCES . (INSTRUCTIONS: The City must provide assurances following items: The only exception is item No. certify as to. either. (a) or (b), or to both.) and/or -certify to all of -the 9 for which the City must The City hereby assures' and certifies that he will comply with the fiscal and accounting regulations,'policies, guidelines and requirements of the County of Orange as they relate to the acceptance and use of Federal funds 'for this federally -assisted program. •Also, the City gives assurance and certifies wit respect -to the grant that: 1. It possesses legal "a' to submit the component -grant application and to•execute the proposed program_that a resolution motion or simila action has been duly adopted or passad as ari official act of the City's governing body; authorizing the filing of the component application, - including all understandings and assuranc-es'•contained therein, and directing and, designating the City' •s Chief executive officer as the authorizei3-representative of the City to act in connection with the ipplication:and to provide such additional information -as -may be requir 2: •' It will comply with: (a). • • . (a). Title 'V.I of• the Civil Rights Act of 1964(P.i.88-352) and in accord- anc'e with Title.VX'of that Act, no person in the United States shal on the ground'•of race,' color,' or national 'origin, be excluded from participation'in, be- denied the •benefits of, or be othezwise-_sub- jected to discrimination under any program or activity for which :the'.City receives Federal financial assiatah6e and will, immediately take any measures necessary to effectuate this agreement. It any _ real property or structure thereon _is provided..or improved with the. sid"of Federal financial• assistance extended to the City, this assurance shall obligate the City or in the case of any transfer.' of -such property, any transferee, for'the period during which the " '.reaY p'ropeXty or structure is used for a purpose for which the Federal financial assistance�is extended or for another purpose'_' invoiviag the provision of -similar services or benefits. '.(b) Titie.V.111 of the Civil Rights Act,,*of 1968(P.L.90-284) as••"amended, and -will administer all programs and'a_c'tivities relating to housing :and community.•development in a manner to affirmatively further fair housing. (c) Section�'109 of: the Housing and Community Development Act of.1974 an in conformance with all requirements imposed by or •pursuant to the Regulations of the Department (24 CFR Part 570:601) issued pursuant to that Section; and.in accordance with.that.Section, no person in• the,United,States-shall on the ground of race, color,.national Brig or sex,'be excluded from participation in, be denied the benefits•o or be subjected,t'o discrimination under, any program or activity funded 3a whole or -in part with the community development funds. (d) Executive Order 11063 on -equal opportunity.in housing. (e) Section 3 of the.Housing and Urban Development Act of 1968, as amended requiring that -to the greatest extent feasible opportunitie for training and employment be given lower income residents -of the project area and contracts for work in connection with the project be'awarded to eligible business concerns which are located in, or owned in substantial part by, persons residing in the area of the project. 3. Prior to the submission of its component, application, the City has: . (a) Provided citizens with adequate information concerning the amount of funds available for proposed community development and housing activities; the range of activities that may important program requirements; (b) Held at least two public hearings to obtain on community development and housing needs; (c) Provided citizens an adequate opportunity to ment of the component application and in the changes, or amendments. - 4. Th (a) 6. 7. be undertaken, and others the views of citizens and participate in the deve development of any revi e City will: Provide fair and reasonable relocation payments and assistance in acco ante with Sections 202, 203, and 204, of the Uniform Relocation Assis- tance and Real Property Acquisition Policies Act(P.L.91-646) and appli •cable.HUD regulations•, to or for families, individuals, partnerships, corpa orations or associations displaced as a result of any c4uisition or real•property••assisted under the program; Provide relocation assistance programs offering the services described in Section 205 of'P.L.91-646 to such 'displaced families, individuals, partnerships, -corporations or associations -in the manner provided unde applicable HUD regulations; Assure* that'. within a reasonable time prior to displacement' decent, safe; and sanitary -replacement dwellings will be available to such displaced families and individuals in -accordance with Section 2O5(c) (3) of•,P.L.91-646; inform -affected persons -of the benefits, policies, and pracedures•pro- vided•for'under HUD regulations;•and -Carry out the relocation process in such a mianner•as to-pr'ovide dis placed persons.:with uniform and consistent services, and assure that ,replacement- housing will, 'be•avaiiible in -the same range of choices _ with respect.to such housing.to all displaced persons regardless of ':race,, color;',_religion, or national origin. . City will:. -In acquiring real property in connection with the community developmen 'block grant program, be' guided to the extent permitted 'under State law by the real property acquisition policies set out under Section 301 of the Unif,orm'Relocation Assistance and Real Property Acquisition Policies Act -and the provisions'of Section 302 thereof;. Pay or reimburse property owners for necessary expenses as.specified in. Section 303 and .304 of the Act; and• - Inform affected persons of'the benefits, policies, and procedures pro- .vided'for under•HUD•regulations.• It will give HUD, and the Comptroller General through any authorized repre- sentative access to and the right to examine all records, books, papers, or documents related to the grant. The City will comply with the provisions of the Hatch Act which limit the political activity of employees. 8. It will comply with the provisions of: Executive Order 11296,'relating•to evaluation of -flood hazards,'and Executive Order 11208, relating to the prevention, control, and abatement of water pollution. 9. The Community Development Program: (a) Gives maximum feasible priority to activities which will benefi low -or moderate -income families or aid in the prevention or .elimination of slums or blight; (b) -3- (b) Contains activities designed to meet other community develop- merit,needs having a particular urgency which are specifically identified and described in the City's community development plan summary and community development program. 10. It will establish 'safeguards to prohibit employees from using positions fc a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties., Legal Certification: As counsel for the City and an attorney -at -law •admitted to practice in the State in which the City is located, I certify;) that the facts and representatives contained in Assurance Xo.,I above. to be true and•in accordance with State and local•law. 832 Emerald Bay Laguna Beach, California 92651 Phone (714) 494-0751 rom amen City Hall City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Attention: Mr. Robert Wynn Dear Mr. Wynn: preschools June 11, 1975 This last Sunday I learned that the City of Newport Beach is entertaining proposals for lease of the former Harbor Day School located on Marguerite in Corona del Mar. I am familiar with the building in that I am a Trustee of the Harbor Day School. We would be very interested in submitting a proposal for the use of this facility in one of the following methods: A. A Pre-School/Childcare Center, or B. A Pre-School/Childcare Center in combination with a Sr. Citizen project depending upon the space require- ments and needs for a city -sponsored Sr. Citizen project. Questions that would have to be answered prior to our proposal would include the following: 1. Is the City sincerely interested in having a Sr. Citizen project at this location. If the answer is yes, what portion of the facility and use of the outside area would be required. 2. What requirements would the County/State Health Depart- ments require in order that the school would meet Health Department requirements for a Pre-School/Childcare center. 3. What general maintenance and repairs would be required in order to bring the building up to our standards. -1- Members. National Association for Child Development and Education -National Association for the Education of Young Children -Association for Childhood Education International, • w Y � Page Two 4. What kind of terms is the City seeking. � I have enclosed several pieces of material that would give you a brief idea about our Company. We currently operate 22 pre- schools in Arizona and California and have recently been selected by the Irvine Company to build two new schools on the Irvine Ranch. These schools will open in September of this year. For purposes of references, the following people could provide you with information regarding myself and/or our company. Dick Bertea, President Bertea Corporation Jack Linkletter, President Linkletter Enterprises Senator Dennis Carpenter John Marder, Headmaster Harbor Day School Dr. Willard Abraham, Department Head, Special Education, Arizona State University Dan Rogers, Chamber of Commerce, Newport Beach Bill White, Director of The Irvine Company Tony Moiso, Director, Mission Viejo Company Our new office address and telephone number are as follows: 4299 MacArthur Boulevard, Newport Beach, Ca. 92660 714-752-8313 I will call your office next week in order to determine what steps we should take next in order to present our ideas and proposals to your office. I am sorry that I did not know of your intentions at an earlier date. We appreciate the oppor- tunity to introduce our services to your community. Sincerely, SYSTEMS JP/s cc: Mayor McGinnis Lucille Keuhn enc free dayib Welcome to American Pre -Schools! As a way of Introducing you and your friends to American Pre -Schools, we invite your children and their friends to join us for a free day of living and learning. american t�� pre•schools offer your child the following benefits: © state approved curriculum © competent qualified teachers © individual attention © free nutritious meals & snacks © complete program for learning © field trips & special visitors © full insurance coverage © credit for absent days Your cost to have your child participate in this special learning program is lower than comparable baby sitting. Dr. Willard Abraham from the Arizona State University answers the questions, Why a pre-school for your child? • Well -planned pre-schools help pave the way toward better learning at school and easier living at home. • They provide an open door to Science, Numbers, Music, Art and all the links to the for- mal reading process. • They provide a setting where the child is fully accepted, loved and challenged. Why American Pre -Schools? • It's the people who make all the difference in the pre-school program. Are they capable and sensitive? Do they understand young children A yes answer is what I have found in all of my contacts v ith American Pre -Schools limited enrollment - bring this coupon Ages: Up to7yearsold. Hours- 6.30am to6,30pm. Months All Year-12 months of learning Where 415 Elwood Street Salinas, California 93901 Phone (408) 4496546 Members. Association for Childhood Education International National Association for the Education of Young Children National As=ationfofChtld Development and Education State Preschool Association, 0 96 ['MN IJMl3d yiPO'esorues Oft 3Ovleod'sn 31vd >nne 106£6eluJOJ p'seuyes aaagsPOOMV39ib SlaDgos•aad ueauawe Al FREE DAY! of amencan preschools 7845 East Golf Links Road Tucson, Arizona 85710 Phone (602) 296-8090 Dear Parente, TG�) 117) 1 lr� c:�W(_Irn 0 h n m i 0 In April American Pre -Schools will focus attention on the joy and beauty to be found in nature at this time of year. Children will continue their study of living things (especially birds) through our theme, "Spring's Symphony". We believe that the natural desire to be outdoors . . . to play . . . and to feel free should be encouraged at our pre-school level. In the spirit of spring special emphasis will be given to play and social relationships. Our teachers are trained to take an active role in child's play - - guiding group inter- action, stimulating curiosity and imagination, keeping play safe, and sharing the pleasure as children learn what is fun. Too, an American Pre -School provides an environment that is in itself conducive to positive play experiences at each developmental stage. We invite you all to spend time with us on the playground or in the classroom. Parent participation or observation is welcome at any time. Your American Pre -Schools Director, American Pre -Schools home offices:2111 East Broadway Tempe, Arizona 85282 Program Coordinator: Lynn Atkinson Members: Assoc. for Childhood Education International National Association for the Education of Young Children National Association for Child Development and Education to 0 PARENT TALK VOLUME i — NUMBERS A REGULAR FEATURE ARTICLE FOR PARENTS OF YOUNG CHILDREN amewcan pre-schools, inc. The Single -Parent Family by Dr. Willard Abraham Mother, father and home are the young child's whole world. But neither divorce nor separation will necessarily destroy it. The single parent has to hold it together, and most parents left to live alone with one or more children have all that is needed to create a well -adjusted, healthy family unit. Although the religious factor dominates this situation for some people, for most of them their personal desires, needs and "How will our children be affected?" take top consideration. Having two parents around is of course important, but it's not essential. More significant may be the fact that tension, hostility or indifference might also leave when one parent walks out. That closing door may even bring a sense of relief, with quiet and peacefulness at home for the first time. There are all kinds of "broken homes", and whether yours is really wrecked, temporarily cracked, or perhaps even more solid depends on the strength of the patent left behind, the help of family and friends, and the ability to ease children through the change. It also depends on how well the practical burdens of money, sickness and discipline are handled. (Separation through death of a parent often provides additional emotional burdens, of course.) A preschool child living with one parent is frequently troubled inwardly. "I did it ... they blame me ... they don't love me" are feelings that can lead to anger, fear and resentfulness. He may not actually say these things, but he could feel them deeply. They sometimes come out through hard -to -handle eating, sleeping and bathroom habits, fights with brothers, sisters and friends, biting and scratching, and belligerence toward naps and other routines that ran so smoothly until the family broke up. How well your young child adjusts to the separation can relate to your using approaches like these: *Recognize that keeping the separation secret, once it is firmly decided on, merely increases anxiety and puzzle- ment. But a small child doesn't need much time to accept an empty place at meal -time. *Help him see that he wasn't the reason for it, that it's between two adults and not because of him. It is important for him to realize that you both love him, so say it and show it. *Control as much as possible any bitterness you may feel, so that his distress can be reduced at least a little bit. A young child is very sensitive to bickering, loud arguments and long silences. He can't handle them in loneliness and fear. Try to keep alive his love for the other parent. *Don't use your child as an emotional outlet or as a "replacement". "You're now the man of the house" may be satisfying and flattering at first, but children shouldn't be expected to provide a substitute for adult affection and companionship to fill the single parent's empty hours. If you need an outlet, seek another adult, *Recognize that more time and listening may be necessary, but don't assume you have to carry this responsibility so fat that friends and hobbies must be restricted or eliminated. You need them too. If you have to move, let him keep as marry familiar toys and possessions as possible. And if you're getting ready to re -marry, realize that children need time to "make friends" with a new parent. One of the most valuable sources of help to the single -parent family which includes a young child is a competently run nursery school or preschool. It's vital to check out its personnel, program and facilities. If you tell them about your situation, they can help compensate for whatever family deficiencies might exist. People he can love, friends he needs, and toys and large equipment are all available there. Your adjustment rubs off on your children. If you can live comfortably within your budget, be satisfied with your job, and adapt to being single reasonably well, you generally have little to worry about as far as your youngsters are concerned. They can accept both change and sacrifice when the need is obvious, and when you set the example of taking them in stride. Reproduction in whole or in part without written permission is strictly prohibited. O�' Copyright © by Sunshine Press, Scottsdale, AriLona �Wi •.� i�,-'.'��.i��IN I�� If �M �I.i•�1. \:• idrtf ;I1_� _.'ta 1�.-O �-S 11 ,GI a^•_.1•�n ��.:. �Y� /. o'T@IW@1[IN 0aI--IIIL-l;• y. SENDER: Complete items a and 2. - Add your address in the —RETURN TO- space on reverse. _ 1. The following service is requested (check one). Show to whom and date delivered...--..----. 150 Q Show to whom, date, & address of delivery-- 350 DELIVER ONLY TO ADDRESSEE and show to whom and date delivered.--.---.-.-. 650 ❑ DELIVER ONLY TO ADDRESSEE and show to whom, date, and addressof delivery--------------_---_._---------------------- 850 2. ARTICLE ADDRESSED TO: Ms. M. L. DesBrisay, Director Newport Riveria Early Achvmt.Ctr. 5ty & Marguerite, CDM, 92625 3. ARTICLE DESCRIPTION: REGISTERED : NO. CERTIFIED NO, INSURED NO. 312981 (Always obtain signature at addressee or agent) I have received the article described above. SIGNATUg{I 4.F fTE OELIV V ��d, 7TNIAR�)g S. ADDRESS (Complete only if requested) <& n 6. UNABLE TO DELIVER BECAUSE: ]MY c GPO : 1974 0. 557-003 UNITED STATES POSTAL SERVICE OFfICIM, BUSINESS PENALTY FOR PRIVATE USE. TO AVOID PAYMENT SENDER --INSTRUCTIONS OF POSTAGE, E300 Print ygir name, address, and ZIP In Ma spew Oelsw. / t,}�r� e CoCIAME mplete I l and 2 an. revenue side. f q' }° a Malsten Wnuaed ends and attach to back of article. f4 . RETURN TO i Robert J. Long Administrative Assistant City of Newport Beach 330D 'Newport Blvd. *wport Beach, CA 92660 "City Manager RECEIPT FOR CERTIFIED MAI r_4 Ms. M. L. Des 00 STREET AND �NNewpor arquer N P.O., STATE AND ZIP CODE r i Neloport Beach (� OPTIONAL SER' RETURNT t. Shows RECEIP R. Showsw SERVICES W Riveria EAC P CA 92625 t 6/6/75 iS FOR ADDITIONAL FEES whom and date dellvereE ............ _ ISp lelivery to addressee only ............ 650 ahem, date and where delivered .. 354 felivery to addressee only ............ 85e V v DELIVER TO ADDRESSEE ONLY ...................................................... SOd SPECIAL DELIVERY (extro I" required) - . . . ----- Zy PS form 3800 NO INSURANCE COVERAGE PROVIDED— (See other side) Apr. 1971 NOT FOR INTERNATIONAL MAIL yOpO: IOTA 0-4611-743 CITY OF NEWPORT BEACH CALIFORNIA June 6, 1975 Ms. M. L. Des Brisay Director Newport Riviera Early Achievement Center 5th & Marguerite Corona del Mar, CA 92625 02660 City halt 3300 Newport Bird. (714)673-2110 Dear Ms. Des Brisay: This is to confirm our telephone call to your Office on June 6, 1975 at 9:30 a.m. notifying You of the fact that the lease of 5th and Marguerite Property will be discussed at the City Council Study Session the afternoon of June 9, 1975 at 1:30. Please plan to attend this meeting. If you have any questions, please call me. Sincerely, Robert J. Long .-," Administrative Assistant to the City Manager RJL:ib t ti I i I r " V CITY OF NEWPORT BEACH 4P OFFICE OF THE CITY MANAGER May 27, 1975 Study Session Item 11 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Administrative Assistant to the City Manager SUBJECT: LEASE OF 5th AND MARGUERITE PROPERTY In late April, 1975, the City took title to the property commonly known as 5th and Marguerite from the State of California (Parcel No. 041339-01-01). Included in this purchase is a school facility consisting of an administra- tion building and two classrooms located on approximately three acres (Fig. 1). This facility is currently under lease to the Newport -Rivera Early Achievement Center until July 31, 1975. The City Council has indicated that the eventual use of this property will be for a senior.citizens facility. In the interim period, staff believes it would be beneficial for the City to lease this property on a year-to-year basis until such time as funds become available to construct the senior citizens facility. On April 28, 1975, a request for a proposal was sent to parties who have shown an interest in.leasing the school facility. These parties include John D. Wilson of Carden Schools of Corona del Mar, William C. Carlberg, President of the Montessori Schools of Newport Beach, and Ms. M. L. DesBrisay of the Newport -Rivera Early Achievement Center. We have received proposals from all three of these parties. Attached is a bid comparison stating the questions asked each of the parties and their responses. In reviewing each of these proposals, they appear to be basically the same except for the monthly rental and the upkeep of the property. The following is the monthly rental which each of the parties have indicated they would pay the City: 1. The Carden School - $1875'per month 2. Montessori School - $1200 per month 3. Newport -Rivera School. $1185 per month Both the Carden School of Corona del Mar and the Montessori School of Newport Beach have indicated that they will perform extensive repairs to improve the property. On May 19, 1975, the Community Development's Building Department conducted a cursory inspection of the school's facilities. They have concluded that the general condition of the structure appears to be.in a sound condition with the exception of eleven items (report attached). This information was not avail- able in time for each of the above parties to review. Because of this, Council may want to consider putting this lease out for public bid. However, if Council wishes to accept one of the three bids which have been submitted, the City Council may legally do so. ROBERT J. LONG RJL:pg Attachments SHOULDER / '. NORTH BLDG. (FENCED AREA) SOUTIi- BLDG. (GRADED LOT) 5th STREET .SCHEMATIC OF PROPERTY AND IMPROVEMENTS Ftv,1 FENCE ASPHALT BID COMPARISON 1. What portion of the 5th Avenue facility would your organization want to lease? Carden - The entire school facility. Montessori - The entire school facility. Newport -Rivera - The entire school facility. 2. How much money would your organization be willing to pay the City on a monthly basis for the use of this property? Carden - $1875 per month Montessori - $1200 per month --Newport-Rivera - $1185 per month ___ -_ 3. How much of the total cost to operate and maintain the building and land- scaping the area is your organization willing to pay? Carden - Will paint the building, weed and landscape the area, re-establish the playing field, and be responsible for all utilities. Montessori - Will be responsible for all utilities, landscaping, and general upkeep. Newport -Rivera - Stated they are currently assuming maintenance and land- scaping upkeep and would be willing to continue. 4. What portion of the total cost is your organization willing to assume to get this property back into satisfactory condition? Carden - Will take care of plumbing repairs and all other repairs which are needed to bring this building back into satisfactory condition. Montessori - States that their school is willing to perform rehabilitative servic o the property. However, the size and scope of these services is directly related to the term of the above lease. If the one year term is firm, they will perform the following: (a) General yard maintenance and new landscaping in front of building and in play area. (b) Paint exterior trim. (c) General janitorial cleanup and repaint interior on a selected basis. 10 -2 0 Should the terms of the lease be negotiated two or three years, with options to renew - or some satisfactory clause in the lease offering first right of refusal each year, they would offer the following: (a) General year reconditioning and landscaping. (1) planting according to a landscape plan to be submitted on the slope in the front of the building and around the exterior of the building. (2) new shrubs and flowers along the front of the building and by the steps leading to the entrance. (3) new trees along chain link fence in the rear of the play area. (4) complete renovation of the southeast side (along 5th St.) and replanting ground cover. (5) construct a -masonry wall and parking lot (6-8 cars) with access from the drive entrance off 5th St. Install appro- priate landscaping. (b) Paint exterior walls and trim (color scheme to be submitted). (c) Paint interior walls and resurface where needed. (d) Repair and recondition rugs in classroom. (e) Remove inferior and hazardous play equipment. Design, construct and maintain a suitable play area and equipment. Newport -Rivera - Will be willing to assume all above ground costs for plumbing and would assume cost of keeping the trim painted. 5. Would your organization be willing to pay any property taxes assessed as a result of the temporary private use of public lands? Carden - Liable for all property taxes. Montessori - Their school would be willing to contribute according to percentage of square footage used against any property taxes assessed with some dollar limit as a function of total rent -payable. Newport -Rivera - Is willing to insure the property as per the State re- quirements. 6. Would your organization be prepared to meet all insurance requirements of the City for the use of this property? -3- Carden - Their school is prepared to meet all insurance requirements of the City for the use of this property as a school. Montessori - Their school would be willing to provide liability insurance naming the City as an "also insured" and provide all risk -coverage for fire, theft, vandalism. This would include fire insurance for the replacement of the building to the City's benefit. Newport -Rivera - They are willing to insure the property as per the State requirements. 7. How many students utilize your school at the present time and how many students do you anticipate enrolled for the 1975-76 school year? Carden - Approximately 35 at present and approximately 100 for next year. Montessori.- Does not have a current enrollment. They are anticipating 60 to 80 students initially if they obtain this site. New o�rt-Rive�ra - At present time they have 73 students and hope to enroll more s— tudents for the fall. 8. Would you have any other plans for the use of this facility? Carden - No other plans. Montessori - We would use this site as an observation vehicle for students from our State accredited graduate school of education. Lectures for these students and the community would be held at this site in the areas of Montessori education, child development, and early childhood education. Newport -Rivera - Child care center 9. Miscellaneous comments. Carden - Benefits to the City: 1. Revenue - the school will utilize approximately one-half of the gross acreage being purchased from the State. In return, the school will provide the City with an annual return on the full purchase price of five percent (5%). The City will thus realize a return equivalent to a typical demand savings deposit while the school utilizes the property. 2. S nchronization with the - ce anon w� allow the and funding cycle for the suring rental income unti 's plans - the aropc nning^-�-- - e in- LJ -4- 3. U rdded a earance - the property is severly run down at this time. T e school s tenure under this proposal would result in an upgraded appearance of the property at no cost to the City. Inhanced image - the school offers a quality product which is readily recognized as such by many people. This quality is re- flected by the demand for enrollment space in the school. As, a growing, successful and respected enterprise, the school will help raise the image of the surrounding area: Extended utilization - the school's present enrollment waiting list will at least doub a the number of students which presently use the facility. The intended end "public" use of the property is more in concert with an interim "private" use which extends the use to a large number of populace than is a course of letting the property lie fallow or continue under a marginal caretaker operation. Montessori - There is substantial benefit to the City with a year's lease With option to renew for a second year negotiable and/or lease tenets included to protect our interests by first right of refusal. Newport -Rivera - I leased this property from the State because I felt that the Corona del Mar area had a very real need for the services of our Early Achievement Center. We have tried very hard to meet the needs of the community both for the working mother and mothers who need to be free to join community projects, self improvement, and the like. We have worked very hard to make our school a credit to the community. Regarding maintenance; we have painted inside many classrooms. Also, the outside trim has been painted as we felt the need arise. We have consciously maintained and improved the grounds and all "above ground" plumbing. The administration building has been improved by the addi- tion at our cost of kitchen facilities. We also carpeted classrooms and added bookshelves and certain blackboards. The sprinkler system was inoperable due to lack of timing device which we added at our expense. Plants in the front of the school were also added at our expense. The entire fencing around the school facility was added at our cost. For these many reasons, it seems to me, therefore, that in all fairness, your kind consideration should first be given to me in re -negotiating a new lease since it is I who have put so much into the present Newport - Rivera Early Achievement Center. CITY OF NEWPORT BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT May 19, 1975 TO: . ADMINISTRATIVE ASSISTANT TO CITY MANAGER FROM: Assistant Director, Building SUBJECT: INSPECTION OF SCHOOL AT FIFTH AND MARGUERITE-3310 Fifth Avenue The Building Division conducted a cursory inspection of the subject school on May 19, 1975. The general condition of the structure appears to be sound. There are relatively few cracks. The structures do not show signs of settlement or excessive deflection of any structural members. Exits and general layout are satisfactory for continued use as a school. The following items were observed to be in need of maintenance: 1. The buildings are in need of painting (inside and out) and general cleanup including minor repairs of hardware on doors and windows. 2. Some areas need patching of the plaster and stucco. This patching would be minor in nature. 3. The folding partition in the north building needs repair or replacement. 4. The landscape in general needs maintenance and attention. In some cases the landscape provides the erosion control and has resulted in some minor problems. 5. Electrical light fixtures on the exterior of the building need replacing or repairing. There appears to be approximately 10 or 15 in need of attention. Some zip cord was noticed around the premises. This should be removed or replaced with proper wiring. 6. Some roof leaks were evident. These leaks have caused damage to the ceilings and accoustical tile in several locations. Memo -Inspection page 2 7. The sewer line serving the south building is currently plugged making the entire plumbing system inoperative. Some work has been performed in an attempt to correct this but the problem is not yet solved. 8. A number of the sinks need new traps and other plumbing attention. 9. A number of water closets need new seats. 10. The north building outside sink needs replacing. 11. Janitor's closets need plaster repairing, painting and cleanup. r,,�' "�`, BOB FOWLER rw P.S. Our records indicate these buildings were constructed in 1961. To: From: CITY" OF NEWPORT BEACH Office of CITY ATTORNEY City Manager City Attorney April.24, 1975 Subject: Relocation Assistance - State Property Located 'rri Corona del' Mar • ' The California Relocation Assistance Act (Government Code Section 7260, et seq_) requires a public entity to compensate displaced persons and businesses as part of the cost of acquisition.of real property. "Displaced Person' is defined under the Act as any person who moves from real property as -a result of the acqui- sition of such real property by a public entity or as a result of a Tritten order from a public entity to vacate the property. "Person" means any individual, partnership, corporation,. or. .association, The City proposes to. purchase certain State-owned property located in Corona del Mar, %-ihich is encumbered with a lease to a private day school, Should the City allot the lease to expire on July 31, 1975, then a good. argument could be made that the City would not be responsible for relocation assistance because under the.terms of the lease the school would have to voluntarily vacate the premises on July 31, 1975. on the •other hand, there are, those who could argue that under the Act anytime -a public agency purchases real property they.are responsible to pay relocati—bn assiS�Eance" td parsons in• posse�ssioix of the property. Unfortunately,, there is little case la« to go on. It world be my advice,•and I believe it'could'1be substantiated in Court, that the'Citv•should take the position that in this case no relocation assistance is required. DENNIS D. O'NEIL City Attorney.. DDO/bc 0�)7n-1 -35.0 Afoo 41339 Account No. 7U010 5th and Marguerite corona Del Mar, eall.florrta MIS ==, n da tb1a 21st day o. mount, 1972; at Los Angeles, California, by and between the S5?A'PS OF CALIVOI?TMAy Department of Public Worms, Division of Hi,�;Imvays, homiraafter called Zossor, and ZOMPH A, 1,R;SLIDIj hereinafter called Lessee, of •900 Highland, Mi nhattan Beachi California. 131:=i31B:;S�'a'H That the Le=or, in consideration of paynent of the rent hereinafter specified to be paid by the Iossee, and the covenants and agree=tts heroin contained, does hereby lease, demi,e and let unto Lessee that' certain property consistim of 2 Class Ro= 1~x±ldings and Az3,mIni-'stration. P,uildizo;, in the County of QMMe., State of California„ the µddress o.: -1,11 0 is .5th Avenue and 1'..41Luertto Street, in the City pf Corona Del. 'art 4nd • Legally described as follows: - Portion of Bloc2:s 9.3 and 90 of the 1rlLne : ubdivislon., ze0orded in Block Is .Q 3$,. Official 'Records of Orange County,, i including. improvements, If any, for a •to,sa of 3 years and 9 days., commencing on the 23rd day of AIITast, JMO and ending on the 31 .t day st duly, 1.9 5,, with the ri.Sht Of cancellatiozi and temir. Lion In, path. zoessor and Lessee as hereir�ifter set forth at a total rental of THIRTY TI.-O 21HOMAND Imm h`tT IMM rwmz Fro 4 tom, 25/100 (O32,9Ai'#2g) Payable. to the order of- Va:a Stain 1D Ca.?IfOrniajo _pz;:V,4z;�Qn of Written'by gmk Checked by !h' (l Approved by- 0 in .lawful money of United States, in monto installments of $ RE77 in advance, on the first day of each and every month thereafter; excepting that receipt is hereby acknowledged by the Lessor of the sum of $ 1,833.5,5;i from the Lessee, in payment of the first and last months} rental under this Lease.. Payment of security deposit in the amount of $ 350,00 is also hereby acknowledged. All rental payments shall be delivered to the office of the Division of Highways, Right of Way Department, at 120 South Spring Street, Los Angeles, California 90012. The herein -described property is not, at this date, being used for State highway purposes within the meaning of Section 104.6, Streets. and Highways Code. Lessee hereby covenants and agrees as follows: (1) To.use the property for the following purposes only: Private Day School (2) To perform all acts or work in connection with rehabili- Cation maintenance or repairs, if any, as required by the Terms of Auction within the time limits set forth therein. (3) To pay Lessor said rent as hereinabove=Provided, and in addition thereto, to pay :then due all water, electric; .gas and other lighting, heating and power rents and charges accruing or payable in connection with said property.during the term of this Lease; and to permit Lessor or its agents to enter said property at any reasonable time to inspect the same. (4) Lessee recognizes and understands -in accepting,this Lease that his interest therein may be subject to a possible. 7-RAR-631-SD (d) May 71. City or County T-T impose on such P•oasessory Interestji'lax, that the interest, and that payments shall not Duce any rent due the State hereunder and any such tax shall be the liability of and be paid by the Lessee. (5) Not to assign or sublet•this Lease, and'not to make or suffer any alteration to be made in or on said property, without the written consent of -the Lessor, provided, however, if•tha leased property includes a building improvement adaptable to subletting into separate units, Lessee may let or sublet such units, but not other- wise. Lessee further agrees to comply with all State laws and local ordinances concerning said property and the use thereof, not to use or permit•the use of said property for any illegal or immoral purposes. (6) It is specifically agreed and understood that the Lessee shall z1ot•terminate the tenancy of the named tenants in Exhibit A, which is hereby made a part of this Lease, without written approval of the Lessor, and will notify the Lessor when said tenants named in Exhibit A vacate the premises. (7) The State of California will require that all existing renter] rates as shown in Exhibit A remain in effect for a period of not less than six (b) months from the inception of the Lease for those tenants in possession at the time the Lease oommences,'and cannot raise the existing rates,on tenants shown'in Exhibit A during the,term of the Lease without written approval'of the Lessor. (6) Lessee specifically waives as an obligation of Lessor the provisions of Sections 1941 and 1942 of the Civil Code. It is specifically agreed and understood that Lessee shall, not call on Lessor t6 make any improvements or repairs on said Property of any nature whatsoever, but Lessee hereby specifically covenants and agrees to keep the same in good order and condition at his own cost ; and expense; and further, in the event the.terms of'this Lease, as 7-RAR-631-SD (b) (3) Mar 72 Rev;--- above provided, _mit the subletting of• Ions of the property herein for human habitation, then Lessee covenants and agrees to assume all the obligations and conditions to any subtenants, within "the meaning of Sections 1941 and 1942 of the Civil Code, which read, asfollows:. 111941. Obligations of Lessor. The Lessor of a building intended for the occupation of -human beings must; in the absence of an agree- ment to the contrary, put it into a -condition fit for such occupation, and repair all subsequent dilapidations thereof, which render it,un- tenantable, except as are mentioned in Section nineteen hundred and twenty-nine." "1942. If within a reasonable time after notice to the Lessor, of dilapidations which he ought to repair, he neglects to do so, the Less-ee may repair the same himself, where the cost of such repairs does not require an expenditure greater than one months rent of'the" premises, and deduct the expenses of such repairs from.the rent,.or the Lessee may vacate the premises, in *which case -he shall be discharged from further payment of rent, or performance of other conditions." (9) Lessee agrees not to,eommi.t, suffer or permit any waste oza said property and further agree's•ihat the -exterior and interior of ' said premises shall be maintained in a manner commensurate with privately-owne_-d _roperties in the neighborhood. That during the term of.said Lease•or 90 days prior to the expiration of said term the Lessor may designate certain -painting, repairs or rehabilitation. . maintenance work to be performed by.the Lessee, at Lessee's expense, to maintain this -standard. in the event the Lessee fails•,to comply with said notice within 90 da,ys,•then the Lessor may cause such rehabilitation maintenance work to be performed with the•cost thereof being paid from the security deposit established to guarantee such ; maintenance, 7-RAR-631-SD (c) May 71 4) ( i (10) The Le for shall be the sole judge as to the amount and extent of maintenance work to be performed and the compliance by the Lessee pursuant to notice given to perform such work. (11) This Lease shall be subject to cancellation and termination by either party at any time during the term hereof by giving the other party notice in writing.at least sixty"(60) days next prior to the date when such termination shall become effective. -In the event of such termination, any unearned rental paid by Lessee shall be returned to Lessee. The Lessee agrees to permit the Lessor reasonable access to show the property to prospective lessees within sixty (60) days prior. to the termination of the Lease. (j.2) All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when served personally on Lessor or Lessee, or when made In writing and deposited in the United States -mail, certified and postage prepaid, and addressed to the Lessee at address above stated and to Lessor, c/o Division of Highways, Box 2304, Terminal Annex*.,'. Los Angeles, California 90051. The address to which the -notices shall or may be mailed as aforesaid to either party shall or may be changed by written notice given by such party to the other, as hereinbefore provided, but nothing herein contained shall preclude the giving of --- .any -such notice by personal service. (13)- 'To pay Lessor all costs and expenses, including 4ttorney's fees in a reasonable sum, in any action brought by Lessor to recover any rent due and unpaid hereunder, or for the brieach of any of the covenants or agreements contained in the Lease, or to recover possession of said property, whether such action progress to judgment or not, 7-RAR-631-SD (d) MaY 71 (5) '. (14) If any wt shall be due and u_ np or if default shall be made in any of the covenants or agreements on the part of the Lessee contained in this Lease, Lessor may, at its option, at any time after such default or breach, and without any demand on,or-notice to Lessee or -to any other person, of any kind whatsoever, re-enter and take- possession of said property and remove all persons therefrom, and Lessee waives any legal remedy to defeat Lessor's rights and possession hereunder. (15) At-=the=expiration-of>-said--term, or any sooner termination of this Lease, to quit and surrender possession of said property and its appurtenances to the Lessor in as good order and condition as the - property was delivered to the undersigned Lessee, or the condition following performance of maintenance work as required by the Terms -of Auction or -the Lessor, reasonable wear and tear and damage by the elements and other casualties excepted/. f -Any.funds.,-remaining--im•t,he 1'7o�` r w a�curi_t,y, deposit snot -.used -or -allocated --for °•the"p�il^pose I' M-rit In the -event the 'Lease is terminated prior to its full term and the funds in the security, deposit have been expended entirely or....in part, refund will be made on a prorata basis for the unused'port.ion of the Lease term. (16) -Should the Lessee hold ovet after the expiration of the term of this Lease with the consent of the_Lessor, express.or implied, said tenancy shall be deemed to be a tenancy only from month to month, subject otherwise to -all of the terms and conditions of this Lease so - far as applicable. (17) In the event,there is any prior existing Lease or Rental Agreement between the Lessee and State, or its predecessor in interest, 7-RAR-631-SD (e) May 71 (6 ) covering the subje.property, it is agreed understood that this Lease shall cancel and terminate said prior Lease or Rental Agreement as of the effective date of this Lease. (18) That this Lease is made upon the express condition that the State of California, its officers,• agents and employees are to . be free from all liability and claim for damage by reason of any J injury to any person or persons, including Lessee, or property of any kind whatsoever and to whomsoever belonging, including Lessee, from any cause or causes whatsoever while in, upon, or in any way connected with the said leased premises or the sidewalks adjacent thereto during• the term of this Lease or any extension hereof or any occupancy here- under, Lessee hereby covenanting and agreeing to indemnify and save harmless the State of California, its officers, agents and employees from all liability, loss, cost and obligations on account of or arising. out of any such injuries or losses however occurring. (19•) Lessor will not keep.said property insured against fire or any.other insurable risk, and Lessee will make no claim of any .. nature against Lessor by reason of any damage to said property in the event same is damaged or destroyed by fire or by any other cause. (20) The Less.ee•shall, at his own expense, take out and keep in force during the.within_tenanc'y,_(a) public liability insurance, in a company or companies to'be approved by the Lessor, to protect against any liability to the public incident to the'use of,. or resulting from injury to, or death of; any person occurring in, or about, the demised premises, in an amount of not less than $100,000.00 to indemnify against the claim of one person, and in an amount of not less than $200,000.00 against the claims of two or more persons resulting.from 7-RAR-631-SD (f) May 71 0 .(7 Y any one accident, 1 (b) property damage or Mer insurance in a company or companies to be approved by the Lessor, to protect L•essor,- its officers, agents, and employees, against any -and every liability incident to the use of or resulting from any and every cause occurring in, or about, the demised premises, including any and all liability of the. Lessor for damage to vehicles parked on the demised premises, in an amount of not less than $50,000.00. Said policies shall inure• to the contingent liabilities, if any, of the Lessor and the officers, agents, and employees of Lessor and.shall obligate. the insurance. carriers'to notify Lessor; in writing,.not less than fifteen (15).days prior to the cancellation thereof, or any other change affecting the coverage of the policies. If said policies contain any exclusion concerning property in the care, custody, or control of the insured, -an endorsement shall be attached thereto stating that exclusion shall. not apply with regard to any liability to the State of California, -its officers, agents,•or employees. Lessee -shall furnish to Lessor a certified copy of each and every such policy within not more than ten_ -(10) days after the effective date of the policy. Lessee agrees that, if Lessee does not keep such insurance -in -full force and effects Lessor may take out insurance and, pay the premiums thereon, and the repayment thereof shall be deemed to be additional rental and -payable as such on the.next day upon which rent becomes due hereunder. (21) The Lessee,• for..himself, his personal representatives,. successors in interest, and assigns, as a.part of the consideration thereof, does hereby covenant and agree as a covenant running with the land that (a) no person, on the grounds of'race, color, or national 7-RAx-631-Sn (g) May 71 (8) origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of•said facilities, (b) that in connection withihe construction of any improvements'on said lands and the furnishing of -services thereon, no discrimination shall be practiced in the selection of employees and contractors, by contractors in the selection and retention of first tier subcontractors, and by first -tier subcontractors in the selection and retention of second -tier subcontractors, (c) that such discrimina- tion shall not -be practiced against the public in -their access to and use of the facilities and services provided for public accommodations, such as eating-, sleeping, rest, recreation, and vehicle servicing, constructed or operated on, over, or under the space of the.right of way, and (d) that the Lessee shall use the premises in compliance with all other requirements.imposed pursuant 'to -Title 15, Code of -Federal Regulations, Commerce and Foreign Trade, Subtitle A,•Office.of the Secretary of Commerce, Part 8 (.15 CFR, Part 8), and as said Regulations may be amended. (22)' That in the event of bre.ach_of any•of the above non- discrimination covenants,. the State shall have the right to terminate the Lease and to re-enter and repossess said land and the facilities thereon, and hold the same as if said Lease•had never -been made or issued. (23) .It is agreed.by the parties to this Lease that when the property or any portion of the property is needed for clearance for freeway construction, the State as Lessor, may at its discretion, serve timely notices of termination of -occupancy and notice to vacate on the tenants of. the building or that portion of the building which may be 7-RAR-631 SD (h) (9) July 71 (Rev.) 1• :". 4, needed for said constloction and that when said ants vacate the building, a prorat-a reduction in the rental rate will be made for the loss of income for those tenants who have vacated. The Lessee agrees.to furnish the Lessor the names and addresses of those tenants whom the Lessor must vacate in order to effect clearance for freeway construction. Anything herein contained to the contrary notwithstanding; this Lease may be terminated, and the provisions of this Lease may be, in writing, altered, changed or amended by mutual consent of the parties hereto. IN WITNESS WbMEOF; the parties hereto have set their bands and seals the day and year in this Lease first above written. ~ s7�.zrpH Aw 1-RiSL13-3 By STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORKS DIVISION OF HIGHWAYS By . Jy 't;1. G'3EA�iEAt7 7-RAR-631 SD (i) July 71 (10) "JJay 222 1975 Dear Sirs, MAY 2 3197,'� MANAGER VTX OP NEWPORt 4M & I have been placed in a situation of unfair competition since every party interested in maudng a bid has been allowed -to see wbat fam paying, the conditions of my lease, and the opportunity to top me. It seems to me that a sealed bid would be more appropriate for a scbool building which is already in operation. 'Phezi I realized that the city council as representatives of the comnTM+ity does ,have an obligation to, be fair. In good faith I have leased the school from the state, having been told that the freeway would probably never materialize. We were to be able to continue renting year to year as long as we wished. We tiould like to sign a five (5) year (or m nir+ n^ 1 year) lease and to pay $1,1$5.00 monthly for rent. I sincerely feel that since I have established this school., spent my time, energy, and money, that in all fairness, being the present tenant, I should be allowed to overbid any offer being made. I am willing to pay five (5) percent above the highest bidder. Since�y Yours,, Director iJEWFClE2T RN.1MA va VZ 5th and Dbzgsuerite Corona Del Pbr, Calif.. 92625 C 4nt' ?IVY OF NEWPORABEACH MEMORANDUM: FrOM Administrative Assistant to Mr. Robert L. Wynn the City Manager To ........... ty..Manager ......................................................................... , Subj: 5TH AVENUE & MARGUERITE LEASE, CORONA DEL MAR Ms. Des Brisay, Director Newport -Rivera Early Achievement School, called asking that consideration on the lease of the day school property be continued until the next council meeting June 9 because she is ill and her attorney was unable to make it today. RJL:ib Reply wanted Reply not necessary p NO-2Q e A • Vky 222 1975 Dear Sirs, MAY 2 31976 MANAGER tIjx OF `E1TI I[�q5, I have been placed in a situation of unfair competition since every party interested in making a bid has been allowed to see what am paying, the conditions of my lease, and the opportunity to top me. It seems to me that a sealed bid would be more appropriate for e a school building which is already in operation. Then I realized that the city council as representatives of the ccmnrdty does have an obligation to. -be fair. In good faith I have leased the school from the state, having been told that the freeway would probably never materialize. We were to be able to continue renting year to year as long as we wished. We would like to sign a five (5) year (or minima 1 year) lease and to pay $1185.00 monthly for rent. I sincerely feel that since I have established this school, spent my time, energy, and money, that in all fairness, being the present tenant, I should be allowed to overbid any offer being made. I am willing to pay five (5),percent above the highest bidder. Since/ ' Yours, Director 5th and Marguerite Corona ,Del. Mar, Calif,. 92625 0 CITY OF NEWPORT BEACH CALIFORNIA 92669 ,city Hall 3300 NewportBIrd. (714)673 2110 May 22, 1975 Mr. John D. Wilson The Carden School of Corona del Mar 2900 Pacific View Drive Corona del Mar, California 92625 Dear Mr. Wilson: Attached please find a copy of a report concerning the 5th and Marguerite Street'property. This report -will be*considered at the City Councils Study Session of May 27, 1975 at approximately 3:30 p.m. We would suggest that interested parties be. present at this meeting.,.,_ If you have�any.questfons, please feel free to contact me at any.time. Very, truly.you r.•s, ROBERT J. LONG Administrative Assistant to the'City'Manager RJL:pg Attachment 0 CITY OF NEWPORT BEACH CALIFORNIA szssu city Tull 3300 Newport$bd. (714)573 2110 May 22, 1975 Ms. M. L. DesBrisay Director Newport -Rivera Early Achievement Center Marguerite and 5th Corona del Mar, California 92625 Dear Ms. DesBrisay: Attached please find a copy of a report concerning the ' 5th and Marguerite Street property. This report will be considered at the City Council's Study Session of Tuesday, May 27, 1975, at approximately 3:30 p.m. We would suggest that interested parties be present at this meeting. If you have any questions, please feel free to contact me at any time. Very truly yours, /P� ROBERT L G Administrative Assistant to the City Manager RJL:pg Attachment 0. ►.J CITY OF N EWPORT BEACH CALIFORNIA szoso -City hall 3300 NewportBlyd. (714)673 2110 May 22, 1975 Mr. William C. Carlberg President Carlberg Montessori Schools 2003 Quail Street Newport Beach, California 92660 Dear Mr. Carlberg: Attached please find a copy of a report -concerning the 5th and Marguerite Street property. This report will be considered at the City Council's Study Session of Tuesday, May 27, 1975, at approximately 3:30 p.m. We would suggest that interested parties be present at this meeting. I . If you have any questions, please feel free to contact me at any time. Very truly yours, ✓ /mN� ROBERT J. LO Administrative Assistant to the City Manager RJL:pg Attachment UNITED STATES POSTAL SERVICE OFFICIAL. BUSINESS PENALTY FOR PRIVATE USE TO AVOID PAYMENT SENDER INSTRUCTIONS OF POSTAGE, $300 Print your namq address, and LIP Code in the space below, • Complete Items 1 and 2 on reverse side Mouten gummed ands and attach to back of article. RETURN TO ,C i ROBERT J. LONG Administrative Assi to the City Manag City of Newport Bea 3300 Newport B1. Newport Beach, CA W Rift . MAY 2 71975w wrr 40f & W mdmtb II \' 5� SENDER: Complete itemcl and 2, Add your address in the "RETURN TO" space on reverse. 1. The following service is requested (check one). ® Show to whom and date delivered ------------ 150 Show to whom, date, & address of delivery.. 350 Q DELIVER ONLY TO ADDRESSEE and. show to whom and date delivered ........ .... 65g ❑ DELIVER ONLY TO ADDRESSEE and show to whom, date, and address of deliver,- ....._.___..._.__....__... ..; .. ... 2. ARTICLE ADDRESSED TO: y, r4 M.L. DesBrisay, Direct' Newport -Rivera EAC 6J Marguerite & 5th CdM 3. ARTICLE DESCRIPTION:. REGISTERED NO. CERTIFIED NO. INSURED NO. 312980 I .(Always obtain signature of addressee r "t ) I -have received the article described ab v -SIGNATURE a A q ELIVERY R .. ADD SS. (Co Iota only if requested) E. UNABLE TO DELIVER BECAUSE: I I L e CPO: 1944 O - 527-a W CITY OF 1' EWPORT BEACH CALIFORNIA szsss city nali 3300 NewportBIv& (714)673 2110 May 22, 1975 Ms. M. L. DesBrisay Director Newport -Rivera Early Achievement Center Marguerite and 5th Corona del Mar, California 92625 Dear Ms. DesBrisay: Attached please find a copy of a report concerning the 5th and Marguerite Street property. This report will be considered at the City Councils Study Session of Tuesday, May 27, 1975, at approximately 3:30 p.m. We would suggest that interested parties be present at this meeting. If you have any questions, please feel free to contact me at any time. Very truly yours, � f ROBE T 7. LONG Administrative Assistant to the City Manager RJL:pg Attachment _0 CITY OF NEWPORTBEACH CALIFORNIA szsso City lull 3300 Newport Blvd. (714)573 2110 May 22, 1975 Mr. John D. Wilson The Carden School of Corona del Mar 2900 Pacific View Drive Corona del Mar, California 92625 Dear Mr. Wilson: Attached please find a copy of a report concerning the 5th and Marguerite Street property. This report will be'considered at the City Council's Study Session of May 27, 1975 at approximately 3:30 p.m. We would suggest that interested parties be present at this meeting. If you have any questions, please feel free to contact me at any time. Very truly yours, IC2/� ROBERT J. L NG Administrative Assistant to the City Manager RJL:pg Attachment 0 0 CITY OF NEWPORT BEACH CALIFORNIA 9266o City Hall 3300 Newport Blvd. (714) 673 2110 May 22, 1975 Mr. William C. Carlberg President Carlberg Montessori Schools 2003 Quail Street Newport Beach, California 92660 Dear Mr. Carlberg: Attached please find a copy_of a report concerning the 5th and Marguerite Street property. This report will be considered at the City Council's Study Session of Tuesday, May 27, 1975, at approximately 31:30 p.m. We would suggest that interested parties be present at this meeting. If you have any questions, please feel free to contact me at any time. Very truly yours, ROBERT J. LONG Administrative Assistant to the City Manager RJL:pg Attachment • 'W0 May 19, 1975 Ms. M. L. DesBrisay Director Newport -Rivera Early Marguerite and 5th Corona del Mar, CA Dear Ms. DesBrisay: CITY OF NEWPORT BEACH Achievement Center 92625 CALIFORNIA 92660 City frail 3300 Newport Blva. (714)673 2110 On April 23, 1975, we sent you a letter asking that you answer certain questions if you were interested in leasing the Fifth Avenue -property after July 31, 1975. This is the entire facility where the Newport -Rivera Early Achievement Center is now located. On May 15, 1975, we received your proposal. However, you have failed to indicate how much rent you would be willing to pay the City of Newport Beach for the use of this property. In that the City Council will be considering various proposals from other parties who wish to lease this property, it is imper- ative that if you wish to be considered, that you submit in writing to my office no later than Wednesday, May 21, 1975, the amount of money per month you would be willing to pay the City for rental of this facility_ Very truly yours, ROBERT J. LONG Administrative Assistant to the City Manager RJL:pg UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS Print your name, address, and ZIP Code in the space below. • Campiele Items I and 2 on reverse side. • Molatan gummed ends and attach to back of article. RETURN TO ,41P 10 4 e-T— �61v6 3 3 vv N.vfr-/ )71� A)e t,a -41 ;7e4e- fi�crF. PENALTY FOR PRIVATE USE AVOIPOSD PAYMENT $300 W �' I 40 SENDr_$p Complete icems 1 and 2. Add your address in the 'RETURN TO" space on reverx. I. The following service is requested (check one). - Show to whom and date delivered ------ .----- 15¢..:' Show to whom, date, &address of delivery__ 350 DELIVER. ONLY TO ADDRESSEE and showto whom and date delivered ...... ...:.. 650 DELIVER ONLY TO ADDRESSEE and show to whom, date,. and address of delivery.............. '...................... .......... 850 2. ARTICLE ADDRESSED TO:. 3. ARTICLE DESCRIPTION: REGISTERED NO. CERTIFIED NO. INSURED NO. 2- 5 93 I I (Always'.gbtain signature of addresee orWent) - I have received the article described above. SIGNATURE 4. D TEOF`DELIVERY ARR 5. ADDRESS (Complete only if requested) 6. UNABLE TO DELIVER BECAUSE: CLERK'S ' INITIALS *GPO :-7s'N O. 9n9-M CITY OF NEWPORT BEACH -CALIFORNIA szsso City Hall 3300 Newport Bird. (,14)673 2110 May 19, 1975 Ms. M. L. DesBrisay Director Newport -Rivera Early Achievement Center Marguerite and 5th Corona del Mar, CA 92625 Dear Ms. DesBrisay: On April 23, 1975, we sent you a letter asking that you answer certain questions if you were interested in leasing the Fifth Avenue -property after July 31, 1975. This is the entire facility where the Newport -Rivera Early Achievement Center is now located. On May 15, 1975, we received your proposal. However, you have failed to indicate how much rent you would be willing to pay the City of Newport Beach for the use of this property. In that the City Council will be considering various proposals from other parties who wish to lease this property, it is imper- ative that if you wish to be considered, that you submit in writing to my office no later than Wednesday, May 21, 1975, the amount of money per month you would be willing to pay the City for rental of this facility. Very truly yours, ROBERT J. LONG Administrative Assistant to the City Manager RJL:pg .01 Li CITY OF NEWPORT BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT May 19, 1975 TO: ADMINISTRATIVE ASSISTANT TO CITY MANAGER FROM: Assistant Director, Building SUBJECT: INSPECTION OF SCHOOL.AT FIFTH AND MARGUERITE-3310 Fifth Avenue The Building Division conducted a'cursory inspection of the subject school on May 19, 19.75. 'The general condition of the structure appears to be sound. There are relatively few cracks. The structures do not show signs of settlement or excessive deflection of any structural members. Exits and general layout are satisfactory for continued use as a school. The following items were observed to be in need of maintenance: 1. The buildings are'in need of painting (inside and out) and general cleanup including minor repairs of hardware on doors and windows. 2. Some areas need patching of the plaster and stucco. This patching would be minor in nature. 3. The folding partition in the north building needs repair or replacement. 4. The landscape in general needs maintenance and attention. In some cases the landscape provides the erosion control and has resulted in some minor problems. 5. Electrical light fixtures on the exterior of the building need replacing or repairing. There appears to be approximately 10 or 15 in need of attention. Some zip cord was noticed around the premises. This should be removed or replaced with proper wiring. 6. Some roof leaks were evident. These leaks have caused damage to the ceilings and accoustical tile in several locations. Memo -Inspection page 2 7. The sewer line serving the south building is currently plugged making the entire plumbing system inoperative. Some work has been performed in an attempt to correct this but the problem is not yet solved. 8. A number of the sinks need new traps and other plumbing attention. 9. A number of water closets need new seats. 10. The north building outside sink needs replacing. 11. Janitor's closets need plaster repairing, painting and cleanup. BOB FOWLER rw P.S. Our records indicate these buildings were constructed in 1961. N May 12, 1975 11r. Bob Long 6 MP�1 w5-• Asst. City Manager aNOT "'DAITV. City of Newport 13each $ 3300 Newport Blvd. \ Newport Beach, Ca. 92660 ti Ta,T� Dear Mr. Long, As you informed me by telephone on May 9, 1975 and later in the afternoon in smiting, that since I am interested in negotiating a new lease for Newport -Riviera Early Achievement Center I must respond to various questions in writing and offer a bid for the property. As you know, I leased a one and one-half acre portion only of the five acre area proposed purchase by the city of Newport Beach from the State. III leased this property from the State because I felt that the Corona, Del Mar area had a very real need for the services of our Early Achievement Center. We have tried very hard to meet the needs of the community both for the working mother and mothers who need to be free to join community projects, self improvement,and the like. 'ode have worked very hard to make our school a credit to the community. Regarding maintainance; we have painted inside many classrooms. Also, the outside trim has been painted as we felt the need arose. We hpve consciously maintained and improved the grounds and all 11above ground" plumbing. The administration building has been improved by the addition at our cost of kitchen facilities. We also carpeted classrooms and added bookshelves and certain black- boards. The sprinkler system was inoperable due to lack of timing device which we added at our expense. Plants in the front of the school were also added at our expense.%, For these many reasons, it seems to me , therefore, that in all fairness your kind consideration should first be giventto me in re- negociating a new lease since it is I who have put so much into the present Newport -Riviera Early Achievement Cente� On the folld-Wt page ,you will find my specific answers to your questions. Please note also that the entire fencing around the school facility was added at our cost. -2- 1. Due to the present Health Department regulations which re- quire that young children may not co mingle with older children or with adults I would need to lease the entire facility as I am presently doing. 2. Since I was not able to reach the City hanager or the Assistant City Manager by phone to ask the manner in which bids will be received I must assume that toe only fair way would be a "sealed bide. I am prepared to make my offer in this way at any time and place specified. 3. I am currently assuming maintainance and landscaping upkeep costs and would be willing to continue doing so. !i. We are willing to assume all above ground costs for plumbing. - Ide are also frilling to assume cost of keeping the trim painted. 5. We would be willing to pay property taxes. 6. We need to have the insurance requirements defined; we are willing to insure the property as per the State require- ments. We have been doing so. We assume that the City requirements might be the same as required by the State. 7.At the present time we have 73 students enrolled. we hope to en- roll more students for the fall semester. 8. Naturally, we fell that the community will be better served by e co tinued use of th's facility as a Child Care Center. 4h��ge feenl that we ann best serve this community by continuing to improve our program and services for young children* C- I Please note that my desire is for at least a five-year lease. However if the lease hinged on the one-year basis I would be willing to negociate on that basis. I will be awaiting your reply as to the time and place of the sealed bid arrangements. Sincerely, Director Newport -Riviera Early Achievement Center j• caklbem montesson scl]ools ADMINISTRATION OFFICE 2003 QUAIL ST„ NEWPORT BEACH, CALIFORNIA 92680 • (714) 540-4531 May 6, 1975 Mr. Robert Long City of Newport Beach City Hall 3300 Newport Blvd. Newport Beach, California 92660 Re: Project - 5th & Marguerite St., Corona del Mar. Dear Mr. Long: In reply to your letter of April 28, 1975 regarding the above referenced project, I offer the following information. 1. We wish to lease that portion of the property currently being used as a day school bordered on the southeast by a chain link fence and on the other side by 5th and Marguerite streets. 2. We offer $1,200.00 a month rental. 3. We would anticipate being responsible for all utilities, land- scaping and general upkeep. 4. Our company is willing to perform rehabilitative services to the property. However, the size and scope of these services is directly related to the term of the above lease. If the one year term is firm, we will perform the following: (a) General yard maintenance and new landscaping in front of building and in play area. (b) Paint exterior trim. (c) General janitorial clean-up and repaint interior on a selected basis. Should the terms of the lease be negotiated two or three years; with options to renew - or some satisfactory clause in the lease offering first right of refusal each year, we would offer the following: 1. General year reconditioning and landscaping. (a) planting according to a landscape plan to be submitted on the slope in the front of the building and around the exterior of the building. Affiliated with The Association Montessori Internationale Mr` 8obert Long I2r, May 7, 1975 (b) new shrubs and flowers along the front of the building and by the steps leading to the entrance. (c) new trees along chain link fence in the rear of the play area, (d) complete renovati'Qn of the southeast side (along 5th St,) and replanting ground cover, (e)• construct a masonry wall and parking lot (6 8 cars) with access from the drive entrance off 5th St, Install appropriate land soaping. 2. Paint exterior walls and trim (color scheme to be submitted), 3. Paint interior walls and resurface where needed, 4. Repair and recondition rugs in classroom, 5. Remove inferior and hazardous play equipment, Design, construct . and maintain a suitable play area and equipment. 5.. Our Corporation would be willing to contribute according to percentage of square footage used against any roperty taxes assessed with some dollar limit as a function of total rent payable. 6. Our Corporation would be willing to provide liability insurance naming the City as an "also insured" and provide all risk coverage for fire, theft, vandalism. This would include fire insurance for the replacer ment of the building to the Cityls benefit, 7. Our Corporation operates numerous schools state hide# but we do not have a current enrollment to move into this particular site, 4e•would anticipate 60 - 80 students initially,, . 18. We would also use this site as an observation vehicle for students from our State accredited graduate school of education.; Lectures for these students and the community ;would be held 'at th%s a#6 ,in the areas of Montessori education, child development? and.ear1y, child hood education. As we discussed during our recent phone conversations, we are4concerned 'about the ramifications of the short term available. EThere is substantial benefit to the City werS a years lease With option to renew for a second year negotiable and/or lease tenets included to protect our interests by first right of refusal Additionally, as we discussed, there is vacant land available on the northwest corner of Marguerite and 5th streets. At your suggestion, we would appreciate discussing some parameters by which the City would entertain a proposal for a long term land lease. This would be a reasonable opportunity for longevity, We are working on drawings of our proposed, improvements at the existing s.i,te and will submit to you in the very near future. Mr. Robert Long 1 -31 May 7, 1975 Our Corporation will be represented,by the firm of Harwood and Adkinson in drawing the final lease terms. Thank you for your consideration. Very truly yours, / 4illiam C, Carlberg President WCC:kw o 90051 RWPE:BAUVl 9-19-74 Written by:JD Checked by:WPB MC-689 DIRECTOR'S DEED MAR 19 17 5 bz9 2441 cnEtriPT CS -':ORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 3. S?YLt'3 �.:;:.t_c, GeDa,f _:eourd>2f ,- 3It �.�. t SPACE ABOVE THIS LINE FOR RECORDER'S USE AP 120-27-19 -+-I, a.>A hair- varn-i ssus Ave. & Jasmine Ave. �DISTRICi COUNTY ROUTE POST MILE NUMBER 07 Ora 1 15.0 DD 041339-01-01 The STATE OF CALIFO&VIA, acting by and through its Director of Transportation, does hereby grant to THE CITY OF NEWPORT BEACH, a municipalcorporation----______-_.___.___—...... all that real property in the ..... -City._of-_A1e5gport.�Beach ------------ ----- - - --------._-.------ County of._._—..._Oa'an�e-__�_^_____._., State of California, described as: That portion of Blocks 93 and 96 of'The Irvine Subdivision, as shown on a Map recorded in Book 1, page 88 of Miscellaneous Maps,. records of Orange Countv. described as follows: 811 13:921P1;1902 This is to certify that the interest in real property conveyed by the deed or grant dated March 24 "1975 from State of California to tha City of Newport Beach, a municipal corporation, is hereby accepted by ordar of tha City Council on Lhe 24;-.h dayaf 1 e: 19 75, and the grantee consents to rec authorized officer. Dated: April 25, 1.975 By: thereof by iya.,duly Pro 9 City Clerk ofiye City of 1Vewport Beach R-8440 I c I b',r �_.., 90051 RWPE:BAUM 9-19-74 Written by:JD Checked by:WPB l c-689 DIRECTOR'S DEED EXEMPT C3 IN OFFICIAL RECORDS COUNTY, CALIFORNIA 5 Ntir.. 11 A,Ir1.MAY 2 1975 SPACE ABOVE THIS LINE FOR RECORDER'S USE AP 120-27-19 -.F A,,o 1-, 4- TTnrni SSIIR Ave. & Jasmine Ave. DISTRICT COUNTY ROUTE POST MILE NUMBER 07 Ora 1 15.0 DD 041339-01-01 The STATE OF CALIFORNIA, acting by and through its Director of Transportation, does hereby grant to THE CITY OF NEWPORT BEACH, _a -_municipal. -corporation.. wport-_beach-------.-------..-_------------------------------ -------._.----•• all that real property in tne...._City---ot--Ne-, County of- ............. 2nge....... .... ................ State of California, described as: Thatrportion of*Blocks 93 and 96 of The Irvine Subdivision, as shoran on a map recorded in Book 1, page 88 of Miscellaneous Maps, records of Orange County, -described as follows: Beginning at the intersection of the Northerly extension of Fortieth Avenue, now known as Narcissus Avenue, with the Northeast line of Corona del Mar as said center line and Northeast line are shoran on a Map recorded in Book 3, pages 41 and 42 of Miscellaneous i%aps, records of Orange County,, California, said Iiortr_east line being the Southwest line of said Block 96; thence iTorth 500 1-41 2011 West along said tract and block line and the Southwest line of said Block 93 to the Iortheasterly extension of the center line of Thirty- sixth Avenue as shoran on said Corona del Mar Map, now known as Jasmine Avenue; thence North 520 341 2011 East 197.40 feet to a point in a curve, the radius point of which bears North 370 561 loll East 4905.00 feet from said point; thence Southeasterly 41on7 said curve throu;;h a central an. -le of 80 101 30", a distance of 699.85 feet to tae beginning of a tangent line; thence South 600 141 20" East aloil, said tangent line 485.00 feet; thence South 390 15' 30" West 348.75 feet to the point of beginning. MAIL TA;i S'IATE\ILN i S TO: City of Newport Beach City :fall Newport Beach, Calif. P"d, DH-OWN 353 ,u: " nvi car aria (,,- )...... nM'7A as+ EXCEPTING therefrom all oil,. gas and other hydrocarbon substances in and under said land, together with the right to explore for, develop, extract and remove the same therefrom by slant drilling or other like methods, with derricks or drill rigs located outside of the boundaries of'said property, as reserved'in the deed from The Irvine Company, a corporation, recorded May 5, 1959 in Book 4698, page 478 of Official Records. Subject to special assessments if any,restrictions, reservations, and easements oford. This conveyance is executed pursuant to the authority vested in the Director of Transportation by law and, in particular, by the Streets and Highways Code. WITNESS my hand and the seal of the Department of Transportation of the State of California, this _ 1 �.A. '- i clay of ...... Z./ - ------------- 19 S P.PPR04ED Ai f� pr,4„! p"!D RZCCEDUY„ D�°aar�!�,�!r o; rxu,s�r,I;lcJl STATE OF CALIFORNIA STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION on � I1 DmRcron of TRANSFORTATIo�' /~ Attorney in Fact rss'xs'tiani Director COUNTY OF SACRAIrENTO 7 I On this1_Llr�l_day of- _ .-' � �. ...__..__Z6L L / ---------- in the year 19.. , before me, _...Iw :.....__.....................-••.•-.......... •------------ a Notary Public in and for the State of California, residing therein, duly commissioned and sworn, personally 1'='._L _know to me to be the C C 3 o person whose name is appeared- _--------•-•-- - 7 - - - ..-.. - ---- yria,l. subscribed to the within instrument as the Attorney in Fact of ..__ - _..P ....--N_- -.._.----------- ..__.., Director of Transportation of the State of California, and known to me to be the person who executed the within instrument on� ehalf f the Skate of California, and he aclarowledged to me that he subscribed the name of 4 ai._4 Cy Ul rich _ . _-_...as Director of Transportation, and his own name as Attorney in Fact, and that the State of California executed the same. WITNESS my hand and official seal. �7714,r f' ! I29 N. .------ ..-_---._._._..-_._.____._. Not ryrahGc THIS IS TO CERTCFY That the California High- way Commission has authorized the Director of Transportation to executo the farvgoing deed at its meeting regularly called and held on the ------ 20.'I1_ day of.--- -- yIaTch --- ---- _ -_ -, 1915 _, in the City of-___... _Sonora. -- -- --- - - - - --- - -- -- Dated this 2lst aynf...`[arcYr- 1?y75 Id biy1IOLD A. RICI-IARD 1 sistant Secrct of the Q,Wornla Highway Commi lion c, (D 0 STATEMENTS TO: City of Dla,iport Beach -- city IM1' f 1 April 28,' 1975 Mr. William C.,Carlberg International Montessori Schools 20221 Cypress Santa Ana Heights, CA 92707 Dear Mr. Carlberg: The City currently has an option from the State of California to purchase the property commonly known as 5th & Marguerite (parcel #041339-01.01), It appears at,this'time that the City will exercise the option and purchase the property., It,is the intent of the City to use this property to eventually accom- modate a facility and recreation center for senior citizens. In the interim, we believe that it would be beneficial to enter into a year- to-year pease with some interested party'unt.il such time as funds are available,to construct the, proposed, senior citizens facility. Accord- ingly, we are requesting proposals from those interested persons and organizations who wish to,lease this property -on .a yearly bads. Should you wish to submit a,proposal, please answer the,following questions: 1. What portion of this facility would you want to lease.; 2. How much money would your organization be willing to pay the City,on a monthly basis for the,use of this property; 3. How much of the total cost to operate an'maintain the building and landscaping is your organization willing to pay; 4„ What portion of the total cost is your organi-zatioh willing to pay'to get this property back into satisfactory condition (such as 'plumbing, painting, landscaping, etc.); . 5. Would your organization be willing to pay -any 'property•taxes assessed as a result of the-temporary'private,use of public lands; Mr. William C. Carlberg ,International Montessori; Schools' -2 4I28%f5 6. Would your organization be'prepared to meet all insurance , requirements of the City -for the•use of this property, 7. How many students'utili'ze your school at the present time, and how many students do you'anti.cipate,enrolling for the. 1975-76 school year; and 3, Would you have any.other plans for -the use of this facility? If you are interested i.n leasing this property after July 31, 1975 on a' year-to-year basis, please answer these questions and return them and any other Information to my, office no later than May 7, 1975, If you have any questions#'please contact me at any time:' Sincerely•yours, ROBBRT J. LONG Administrativo Assistant to the City Manager . RJL:ib Attachments 1 , April 28, 1975 John 0. Wilson The Carden School of , Corona eel Mar 2900 Pacific View Drive Corona Gel Mar, CA 02625 Dear Mr. Wilsont We have received your proposal to'lease the 5th Avenue & Marguerite property (Parcel #0413,39-01-01). We are currently asking interested parties to submit proposals and answer various questions.. You have apparently :addressed all the questions that we have asked in your proposal, except one. Could you indicate what your present, enrollment is, and what your anticipated enrollmen% for the 1976r76 school year will be? Please send your response track to me by May 7, 1975. I have also attached some additional info'rmatton•that you may be able to use. If you have any further questions, please contact me at any time. Si-ncerely yours, ROBERT J, LONG' Administrative'Assistant to the -City Manager ROL: ib Attachments. } • CITY OF NEWPORT BEACH Office of CITY ATTORNEY To: City Manager From: City Attorney April 24, 1975 Subject: Relocation Assistance - State Property Located In Corona del' Mar The California Relocation Assistance Act (Government Code Section 7260, et seq.) requires a public entity to compensate displaced persons and businesses as part of the cost of acquisition of real property. "Displaced Person" is defined under the Act as any person who moves from real property as a result of the acqui- sition of such real property by a public entity or as a result of a written order from a public entity to vacate the property. "Person" means any individual, partnership, corporation, or association. The City proposes to purchase certain State-owned property located in Corona del Mar, which is encumbered with a lease to a private day school, Should the City allow the lease to expire on July 31, 1975, then a good argument could be made that the City would not be responsible for relocation assistance because under the terms of the lease the school would have to voluntarily vacate the premises on July 31, 1975. On the other hand, there are those who could argue that under the Act anytime a public agency purchases real property they are responsible to pay relocation assistance to persons in possession of the property. Unfortunately, there is little ease law to go on,. It would be my advice, and I believe it could be substantiated in Court, that the City should take the position that in this case no relocation assistance is required. DENNIS D. OFNEIL City Attorney DDO/bc `We Carden School Corona Del Mar Manager City of Newport Beach Newport Blvd. ort Beach, California We are pleased to submit a proposal to lease the Fifth and Marguerite property. While we fully appreciate and understand your desire -to wait until the City has clear title to the property before proceeding toward any lease arrangement, the operational realities of a school make it imperative for us to seek an earlier resolution of the situation. We are, even at this ti: enrollments for Summer As a new and growing sc: necessity of purchasing teachers, preparing our license specific to our these factors require a start date will allow. ie, in the process of acce, chool which begins in Aug ool we are faced with the equipment, hiring and tra facility, and obtaining a pre-school facility. All longer lead time than a J We request that you and your staff consider t possibility of negotiating a lease contingent the City's acquiring title. Perhaps we could agree to enter into a later agreement pending close of escrow. Like any enterprise of substance, our school has in which is overcome only by time invested in planning development effort. it is likely that if the City waits until after July to begin lease negotiations only those of little inertia and substance who seek to squeeze some profit out of a low rent situation be left to negotiate with. Mar, California 92625 Mr. Robert L. Wynn page 2 April 14; 1975 We are sure that you are aware of the urgency on our part in pursuing this possibility. It is not our intention to force the City into a hasty decision. We believe that if time were no factor, that our proposal would ultimately carry the vote. Unfortunately, too long a passage of time will force `us out of contention if a decision is not pursued with some sense of urgency. iRespectfully �yoAulrs , n Wilson The Carden School of Corona del Mar April 23, 1975 Ms. M. L. DesBrisay Director Newport -Rivera Early Achievement Center Marguerite and 5th Corona del Mar, CA 92625 Dear Ms. DesBrisay: As you know, the City currently has an option from the State of California to purchase the property which you presently lease for your school facility under agreement which terminates July 31, 1975. It appears at this time that the City will exercise the option and purchase the property. It is the intent of the City to use this property to eventually accommodate a facility and recreation center for senior citizens. In the interim, we believe that it would be beneficial to enter into a year-to-year lease with some interested party until such time as funds are available to construct the proposed senior citizens facility. Accordingly, we are requesting proposals from those interested persons and organizations who wish to lease this property on a yearly basis. Should you wish to submit a proposal, please answer the following questions: 1. What portion of this facility would you want to lease; 2. How much money would your organization be willing to pay the City on a monthly basis for the use of this property; 3. How much of the total cost to operate and maintain the building and landscaping is your organization -willing to pay; 4. What portion of the total cost is your organization willing to pay to get this property back into satisfactory condition (such as plumbing, painting, landscaping, etc.); 5. Would your organization be willing to pay any property taxes assessed as a result of the temporary private use of public lands; Ms. M. L. DesBrisay, Director Newport -Rivera Early Achievement Ctr. -2- 4/23/75 6. Would your organization be prepared to meet all insurance requirements of the City fo'r the use of this property; 7. Now many students uti'lize.your school at the present time, and how many students do you anticipate enrolling for the 1975-76 school year; and, 8. Would you have any other plans for the use'of this facility? If you are interested in leasing,_this property, ai`ter'July.3T, 1975 on a year-to-year basis, please answer these questions and'rPturri them and any other information to my office no later than May 14,+.11975. If you have any questions., please contact me at any time. Sincerely yours, P J11W ROBERT J, LONG Administrative Assistant to the City Manager RJL:ib Cam;, Carden School °tf Corona Del Isar JUDITH WILSON, Director April 14, 1975 Mr. Robert L. Wynn City Manager The City of Newport Beach 3300 Newport Blvd. Newport Beach, California 92660 Dear Mr. Wynn: We are pleased to submit a proposal to lease the Fifth and Marguerite property. While we fully appreciate and understand your desire -to wait until the City has clear title to the property before proceeding toward any lease arrangement, the operational realities of a school make it imperative for us to seek an earlier resolution of the situation. We are, even at this time, in the process of accepting enrollments for Summer School which begins in August. As a new and growing school we are faced with the necessity of purchasing equipment, hiring and training teachers, preparing our facility, and obtaining a license specific to our pre-school facility. All of these factors require a longer lead time than a July 1 start date will allow. We request that you and your staff consider the possibility of negotiating a lease contingent upon the City's acquiring title. Perhaps we could simply agree to enter into a later agreement pending the close of escrow. Like any enterprise of substance, our school has inertia which is overcome only by time invested in planning and development effort. It is likely that if the City waits until after July to begin lease negotiations only those of little inertia and substance who seek merely to squeeze some profit out of a low rent situation will be left to negotiate with. 2900 Pacific View Drive 0 Corona Del Mar, California 92625 9 (714) 640-4181 4N Y Mr. Robert L. Wynn page 2 April 14; 1975 We are sure that you are aware of the urgency on our part in pursuing this possibility. It is not our intention to force the City into a hasty decision. We believe that if time were no factor, that our proposal would ultimately carry the vote. Unfortunately, too long a passage of time will force`us out of contention if a decision is not pursued with some sense of urgency. Respectfully yours, To Wilson The Carden School of Corona del Mar Vie Carden School 9f Corona Del Mar )UDITH WILSON,.Director r A PROPOSAL TO LEASE THE IMPROVED PROPERTY AT THE NORTH-EAST CORNER OF FIFTH AND MARGUERITE FROM THE CITY OF NEWPORT'BEACH ON A TEMPORARY BASIS APRIL 14, 1975 SUBMITTED TO: THE CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. NEWPORT BEACH, CALIFORNIA 92660 We submit this data for the purpose of evaluating our offer to lease certain property and request the City of Newport Beach to use discretion in selectively distributing this data for that purpose only. 2900 Pacific View Drive 9 Corona Del Mar, California 92625 0 (714) 640-4181 • 0 0y GENERAL We desire to obtain a temporary leasehold to certain improved property which the City•of Newport Beach is allegedly purchasing from the State of California. The property of consideration is located on the North-East corner of Fifth and Marguerite Avenues in Corona del Mar, California.. At this time the facility on this property is operated as a day-care center under the name Newport Riviera Early Achievement Center." We understand that the owner of this operation has a three-year lease with the State which expires' July 31, 1975. A schematic figure depicting the property is shown on the following page. Our interest is in the graded portion of the property bounded by Marguerite Avenue on the west, Fifth Avenue on the south, and by the distinct graded shoulder on the north and east. This lot measures approximately 250 by 510 feet or about three (3) acres net. Our usage would be restricted to this area. While understanding that the City will ultimately develop this property for public use, we propose to enter into a lease agreement whereby we shall obtain use of the property on an interim basis pending the formulation of the City's eventual development plan. our school began operation in August 1974. While less than a year old, we have already found a sizable and growing demand for enrollment in our school. We have held discussions with the Irvine Company as well as with others regarding the development of a future permanent facility for our school. We look forward to such an eventuality. At this time, however, we have outgrown our present facility and must find a larger temporary facility for the next two to four years. SHOULDER (GRADED LOT) t ASPHALT FENCE 5th STREET 114 SCHEMATIC OF PROPERTY AND IMPROVEMENTS r;OO� PARTIES This proposal is submitted to the City of Newport Beach, hereinafter referred to as the "City." This proposal is submitted by: John D. 'and Judith A. Wilson (husband and wife) 2017 Miramar Drive Balboa, California 92661 r Telephone 673-6146 DBA: The Carden School of Corona del Mar 2900 Pacific View Drive Corona del Mar, California 92625 Hereinafter referred to as the "School." The school's legal counsel is: Virtue & Scheck, Incorporated 270 Newport Center Drive Newport Beach, California 92660 The school's insurance counselor and broker is: Milum/Garvey Insurance Brokers, Inc. 1617 Westcliff Drive Suite 204 Newport Beach, California 92660 MONTHLY RENTAL The school proposes a monthly rental for the entire facility of $1875 per month exclusive of any taxes, maintenance, or utility expense. This rental equals $22,500 per year and'is approximately 214 NNN per square foot per month. MAINTENANCE AND IMPROVEMENTS The facility and grounds are in very poor condition and are unsuitable for school use as is. The school will therefore, at no cost to the City, paint the buildings, weed and landscape the areas bordering Fifth'and Marguerite Avenues, and reestablish the playing field area to the east of the lot. Needed plumbing and other repairs will be performed. The school suggests a reasonable period of time, say 120 days, be allowed for 00 0-0 these improvements to occur. The school Will guarantee the performance of these specific items. TERM AND CANCELLATION OF LEASE The school suggests a four year lease, cancellable unilaterally by the city upon delivery of a one-year notice. TAXES The school would be liable assessed as a result of the of public land. INSURANCE for any property taxes temporary private use The school is prepared to meet all insurance requirements of the city for the use of the property as a school. LAWFUL OPERATION The school will agree to operate in a lawful manner, obeying all laws of all governmental jurisdictions having relationship with business or school operation. a V . y BENEFITS TO THE CITY ),,o Revenue - the school will utilize approximately one-half of the gross acreage being purchased from the State. In return the school will provide the city with an annual return on the full purchase price of five percent (5%). The city will thus realize a return equivalent to a typical demand savings deposit while the school utilizes the property o Synchronization with the city's plans - the proposed term and cancellation will allow the city freedom to'adjust their planning and funding cycle for the -property to future reality•while insuring rental income until development is physically begun. 350 Upgraded appearance - the property is severely run down at this time. The school's tenure under this proposal would result in an upgraded appearance of the property at no cost to the city. o Inhanced image - the school offers a quality product which is readily recognized as such by many people. This quality is reflected by the demand for enrollment space in the school. As a growing, successful and respected enterprise the school will help raise the image of the surrounding area. ro Extended utilization - the school's present enrollment waiting list will at least double the number of students which presently use the facility. The intended end "public" use of the property is more in concert with an interim "private" use which extends the use to a large number of populace than is a course of letting the property lie fallow or continue under a marginal caretaker operation. TERM OF PROPOSAL This proposal is valid until 72 hours following written notice of cancellation by the school The school fully understands that the city does not expect to acquire title to -the property until as late as July 1, 1975. The school requests the city to consider a lease agreement, or an agreement to enter into a lease agreement, contingent upon successful acquisition of title. The school's purpose in this request is basedrupon several unavoidable realities which render a requirement to wait until June or July tantamount to a flat denial Ito lease. xt( Enrollment - the school presently has a waiting list for enrollment. The number of students which can be admitted is dependent upon the physical measurements of the facility which the school will use in the Fall. The school is under serious pressure to firm its enrollment commitments prior to the end of May or face loss of enrollment. o Purchasing - the school purchases specific classroom equipment and materials for each student. There is lead time required on some of these items in excess of -three months. o Teacher Training - the school sends all of its prospective teachers.to summer courses on the Carden Method. The number of teachers to be hired and trained is dependent upon enrollment and facility factors which must be known before the courses commence in June. o Licensing - the school is offering a three and four-year old program in the Fall. A license from the State Department of Welfare is required. Application for the license cannot be made until a facility has been selected. The time required to process an.application is from 45 to 60 or more days. o Preparation - if the Fifth and Marguerite property is to be used by the school, several months of planning as well as several weeks of needed improvements must be performed prior to commencement of Summer School in August. JUDITH WILSON, Director April 9, 1975 Mr. Robert Long City Managers Office City of Newport Beach - 3300 Newport Blvd.. Newport Beach, CA 92660 Dear Mr. Long: We are interested in leasing, on an interim basis, the entire facility located on the North-East corner of 5th and Marguerite in Corona del Mar. We understand that this facility is currently under a three year lease from the State of California and that the current lease r expires in August 1975.rkie aJ c runderstand--that the city- C As prospective tenants we offer the city significant benefits. i o We -are .currently-.plannng-the development-of-a-permane: future school-facility.---It-would.--likely--be-possible for us to synchroni-ze our plans with those of the -city to insure optimal land utilization and rental income during the city's planning and funding cycle. We, -can arrange to leave when the city is ready to build. `" o We offer a high quality product in keeping with the image of Newport Beach. We would naturally expect to upgrade the appearance of the facility during our tenure. o We are faced with a tremendous demand for student space, primarily from children who reside in Newport Beach. Our tenure of the facility would insure its use by a sizable number of the citizens of our community duxi�g theinterim-per odzpending-city='development, ,,for•_public use. We would appreciate a timely meeting with you to further discuss our proposal. Thank you. Sincerers, ,J'LL ohn D. Wilson 2900 Pacific View Drive 0 Corona Del Mar, California 92625 • (714) 640-4181 �J 0 • April 9, 1975 'We Carden School 9f Corona Del Mar JUDITH WILSON, Director Mr. Robert Long City Managers Office City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92660 Dear Mr. Long: We are interested in leasing, on an interim basis, the entire facility located on the North-East corner of 5th and Marguerite in Corona del Mar. We understand that this facility is currently under a three year lease from the State -of -Ca7:ifornia -and" that the current lease expires in August 1975. We also understand that the City C will eventually develop this property for public use. As prospective tenants we offer the city significant benefits. o We are currently planning the development of a permanent future school facility. It would likely be possible for us to synchronize our plans with those of the city to insure optimal land utilization and rental income during the city's planning and funding cycle. We can arrange to leave when the city is ready to build. o We offer a high quality product in keeping with the image of Newport Beach. We would naturally expect to upgrade the appearance of the facility during our tenure. o We are faced with a tremendous demand for student space, primarily from children who reside in Newport Beach. Our tenure of the facility would insure its use by a sizable number of the citizens of our community during the interim period pending city development for public use. We would appreciate a timely meeting with you to further discuss our proposal. Thank you. Sincerely ohn D. Wilson 2 2900 Pacific View Drive Corona Del Mar, California 9 625 • ( 714 ) 640-4181 �tiWPO� CITY OF NEWPOR.T BEACH CALIFORNIA 9266o City Halt 3300 Newport Blvd. (714)673-2110 March 31, 1975 Mg. M. L. DesBrisay Z v Director Newport -Riviera Early Achievement Center Marguerite and 5th Corona del Mar, CA 92625 Dear MiE. DesBri say: With regards to your letter dated March 18, 1975, concerning renewal of your lease, the City of Newport Beach will be taking title to the property where the Newport -Riviera Early Achievement Center is located on July 1, 1975. At that time we will be in a position to re -negotiate your lease. You should be informed that at this time we are favoring a one year lease in that we have not considered the possible long term uses for that property. If you have any questions, please feel free to contact me. Sincerely, R. J. LONG Administrative Assistant to the City Manager RJL:pg ti March 18, 1975 City of Newport Beach City Manager's Office Dear Mr. Long, We were recently pleased to learn that our school -leased property is being purchased from the state of California by the city of Newport Beach. We would like you to know that at the present time we are about to release an ext extensive advertising brochure. We have felt the need to let interested parents in the Newport Beach area from Balboa to Irvine know of our services. We therefore, would like to settle the details of and renew our present lease as soon as possible. Even though we are currently having a tempory economic recession we would like you to consider a lease for the same amount of rent and for a ten year period renewal annually after a five year period. We are looking forward to discussing the renewal of our lease with you as soon as possible. Thank you for your consideration of this matter. Sincerely, M. L. Des Brisay Director -Newport -Riviera Early Achievement Center R "M CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER February 24, 1975 TO: MAYOR AND CITY COUNCIL FROM: City Manager t; E L,w •c.r46�vU� STUDY SESSION NO. 5 COUNCIL AGENDA NO. G-2 SUBJECT: ACQUISITION OF STATE RIGHT OF WAY PROPERTY - CORONA DEL MAR Since the passage of AB 431 in 1974, the City has held numerous negotiating sessions with representatives of the State Division of Highways for City acquisition of certain parcels. The City has concluded negotiations on four parcels and leased a fifth parcel. The two parcels in Corona del Mar, adjacent to Marguerite, are now ready for presentation to the Council and a decision as to whether the City should acquire these parcels. The negotiated terms for these two parcels are as follows: 1. Total cost - $450,000 2. Remittance of $5,000 at the time the agreement is executed. 3. Execution of a Deed of Trust requiring payment of $100,000 on July 1, 1975 $200,000 on June 1, 1976; and- $145,000 on June 1, 1977 4. 7% simple interest will be charged by the state on the sums of money named in the Deed of Trust. Attached members of the Council will find a copy of the letter from the California State Department of Transportation. During the negotiating sessions a number of items were reviewed such as appraisals, original acquisition price, and characteristics of the land. Some of these items which are of interest and have a bearing on the proposed City acquisition are as follows: -- 1. The property was acquired in 1966 by the state for $380,753. 2. The State Division of Highways appraised the property' in 1972, assuming an R-2 zone designation and including all improvements for $774,505. • Page -2- 3. The state obtained another appraisal in 1974, assuming an R-1 zone designation and exclusive of all improve- ments for•$553,800. The City obtained an appraisal in 1974, assuming an R-1 designation and excluding all improvements for range of $370,000 to $445,000. The state conducted a third appraisal in 1975, assuming an R-1 zone designation and excluding all improvements for $493,000. The parcel presently contains a nursery school composed of two Class "D" classroom buildings and an office build- ing, having over 5,000 sq. ft., a playground area, an access road and parking facility in the front, and walk- ways with canopies. These improvements carred a replace- ment cost in 9974 dollars" of $272,140. Attached members of the City Council will find the state evaluation on these improvements. 7. The one parcel is currently encumbered with a lease ef- fective until July 31, 1975. The lease accommodates a day school with the rental payments being $907.77 per month. If the City acquires the parcels, the City would assume all assets and liabilities, including a) receipt of the monthly payments; b) possible relocation payments, if the lease is terminated. The two parcels contain 230,889 sq. ft., or approximate- ly 5.3 acres. During the Council meeting of February loth the City Council decided to utilize $100,000 of this year's allocation under the Community Development Act of 1974 to acquire these parcels. This money should be available to the City during the month of June, 1975 to enable the City to meet the July lst payment requirement. Next year the City should receive approximately $236,000 under this Act, of which $200,000 can be used to meet the required payment on July 1, 1976. During the third year the City will receive approximately $354,000, of which $145,000 will be available to meet the required payment on June 1st of 1977. It, therefore, appears that if the City's application is accepted that these parcels can be acquired by utilizing funds being made available to the City from the Community Development Act of 1974. It should be pointed out to the City Council, however, that there is always the chance that the City's application will be rejected_ by the regional and federal reviewing agencies. We believe that the project qualifies. How- ever, because it is a new program and room for interpretations exist, there is always the possibility of rejection or modification by federal authorities. In this event, the City should be prepared to acquire the property from some Page -3- other source of funds. If the Community Development Act funds were secure this requirement would not be necessary. The City, in 1975-76, will receive approximately $275,000 from General Revenue Sharing Funds. Of these funds, approximately $70,000 are committed to other projects, leaving a balance of $205,000 that could be earmarked for this acquisition if the Community Development Act funds are not available. The City will receive a like amount in the following year that is currently uncommitted. If the City Council approves of the purchase agreement, an amount equal to the purchase price should be reserved until it is assured that Community Development Act funds can be applied to this project. This may be known prior to July 1st of 1975. RLW:mm Attachments R ERT . u •- RESOLUTION NO. 8440 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ACCEPTING THE OFFER BY THE STATE DEPARTMENT OF TRANSPORTATION TO SELL CERTAIN STATE-OWNED PROPERTY TO THE CITY OF NEWPORT BEACH AND AUTHORIZING THE MAYOR AND CITY CLERK TO ACCEPT THE GRANT DEED FOR SAID PROPERTY AND FURTHER AUTHORIZING THE MAYOR AND CITY'CLERK TO EXECUTE A DEED OF TRUST FOR THE BALANCE OF THE PURCHASE PRICE (PARCEL NO. 041339-01-01, CORONA DEL MAR) WHEREAS, the California Department of Transportation by letter dated February 11, 1975, has offered to sell certain State-owned real property to -the City of Newport Beach for the appraised value of Four Hundred and Fifty Thousand Dollars ($450,000.00); and WHEREAS, said property is located in Corona del Mar adjacent to Marguerite and is generally described as Department of Transportation Parcel No. 041339-01-01; and WHEREAS, the terms of the sale provide that the City will remit Five Thousand Dollars ($5,000.00) at the time the letter agreement is executed and returned to the Department of Transportation and that the City of Newport Beach will execute a Deed of Trust naming the State of California as bene- ficiary with payments, including simple interest of seven percent (7%)' to be made as follows: $100,000.00 on July 1, 1975 $200,000.00 on June 1, 1976 and $145,000.00 on June 1, 1977 WHEREAS, the City Council by this Resolution wishes to provide that the remittance of Five Thousand Dollars ($5,000.00) payable upon execution of the letter agreement will constitute an irrevokable option to purchase said Parcel No. 041339-01-01 which may be exercised on or before July 1, 1975. Should said - option be exercised said Five Thousand Dollars ($5,000.00) will be applied toward the purchase price of said property. Should the City fail to exercise said option'on or before July 1, 1975, -1- said letter agreement dated February 11, 1975 will become null and void arid -said Five Thousand Dollars ($5,000.00).will be forfeited and accordingly will be retained by the Department of Transportation; WHEREAS, the City Council believes that it is in the best interests of the City to enter into said option purchase agreement for said Parcel No. 041339-01-01.,.which will be used by the general public specifically for parks, recreation and j : " open space; NOW, THEREFORE, BE IT RESOLVED that the City Council, of the City of Newport Beach hereby accepts the offer of the State Department of Transportation to sell Parcel No. 041335-01-01 to the City of Newport Beach upon the terms and conditions as set forth in the letter agreement from the Department of'Trans- • portation dated February 11, 1975, and by this Resolution which by this reference is made a part of and is hereby incorporated, into said letter agreement; BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to sign a duplicate copy of said letter agreement and,attach thereto a copy of this Resolution, which shall constitute the acceptance by.the City of the•State's offer to sell said Parcel No. 041339-01-01 for the appraised value of Four Hundred and Fifty -Thousand Dollars ($450,000.00) subject to the terms as set forth in said letter agreement and this Resolution. The Mayor'and City Clerk are authorized to accept a Grant Deed from the State for said property; BE IT FURTHER RESOLVED that should. the City.exercise its option to purchase said property, the Mayor and City Clerk are authorized to execute a Deed of Trust naming the State of California as beneficiary with payments, including interest of seven percent (7%), of One Hundred 'Thousand Dollars ($100,000.00)' -2- due July 1, 1975 'Two Hundred Thousand Dollars ($200,000.00) due June 1, 1976, and the remaining balance due June 1, 1977. ADOPTED this 24th day of February 1975 Mayor ATTEST: 1ty Clerk CERTIFI S A TRUE A C T COPY y�L��C .... .......... 17Y CLE R OF THE CITY OF WWPO T EACH DAM FEB 2 6 1975 DDO/bc 2/19/75 EDNUND L,1ROWN, JR. , GOVERNOR STATE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY RQNAL1LRE06AW,-G�" DEPARTMENT OF TRANSPORTATION DISTRICT 7, P.O. BOX 2304, LOS ANGELES 90054 �' �`/.7Le'/,,��yy��,,^ �' February 11, 1975 4Y Ciw'i - �4 � o `S< City of Newport Beach 330 Newport Boulevard Newport Beach, California 92660 Attn: Mr. Robert J. Wynn City Manager Gentlemen: 07-Ora-1 Parcel No. 04133FrOiW C-1693EpS®�C< The Department of Transportation hereby offers to sell the above - referenced property to the City of Newport Beach for the appraised value of $4502000.00. The following portion of this letter when the duplicate copy is executed and returned by you with a Resolution from the City Council will constitute the agreement for the purchase. This Resolution must indicate that this property will be purchased for public purposes. The description of the public use must be specified in said Resolution. in the absence of the foregoing Resolution a clause will be added to the Director's Deed restricting the property to a public use. This transaction will not be processed for the California Highway Commission approval until the duplicate copy of this letter is fully executed and returned with above Resolution. The' City of Newport Beach, hereinafter known as purchaser, offers to purchase from the California Department of Transportation that certain property referred to above and depicted on the attached map for the State's appraised value of $450,000.00. The City will make payment in the following manner:* 1. Remit $5,000.00 at the time this agreement is executed nna returned to the Department of Transportation. 2. Execute a Deed of Trust naming the State of California as beneficiary with payments, including interest of seven percent (7%), of $100,000.00 due July 1, 1975. $200,000.00 due June 1,.1976. The remaining balance due June 1, 1977. Please indicate exactly how title is to be vested: City of Newport Beach, a municipal corporation ' *Subject to the terms and conditions as contained in Resolution No. 844Q City of Newport Beach -2- February 11, 1975 t It is expressly understood by the purchaser that the right, title and interest in the property to be transferred by this sale shall not exceed that vested in the State of California and that no Policy of Title Insurance will be furnished or escrow fees paid by the State of California in this transaction. i-,,-'It is further understood that the purchaser shall not have use of the property until a Director's Deed has been recorded. Purchaser is aware the property is leased to Joseph A. Muslin for $907.77 per month. Said lease will expire July 31, 1975 and purchaser agrees to take title subject to the provisions of the lease. All rents will be prorated as of the date of the recording of the Director's Deed or July 1, 1975, whichever date is later. The purchaser agrees to the above terms and 'conditions of sale. Place Of execution Newport Beach California Date of execution February 26, 1975 CITY OF NEWPORT BEACH Authbrized'Officer wno nas zne authority to commit the City of Newport Beach to the acquisition of this property. The terms and conditions of the above offer.are hereby accepted subject to the approval of the California Highway Commission, For pp�a� men 0, raiisportation W. .aKENNEY Deputy District Director Right of flay APPROVED. AS TO FQ_RMt Date: �' Cii'YAt? E, memorandum t : W. A. ROUTERY Chief, R/W Branch "B" Attn: Ronald Herdman/E. Kabler Senior R/W Agent LLOYD D. EMMERT, Senior R/W Agent From : DEPARTMENT OF TRANSPORTATION 07 - Building Cost Estimating Section *sl"es. U1.0 11*ansrb -Al HjUjlcy Date: July 1% 1974 File : -07-Ora-I. Parcel No. 41339 Newport Beach o7426 - 911037 subject: RCN Values of Improvements & Subdivision Study of Parcel 41339 Located in Newport Beach The parcel presently contains a nursery school composed of two Class D classroom buildings and an office building, a play- ground area, an access road and.parking facilities in the front, and walkways with canopies. The estimated RCN costs are as follows: Classroom & Office Buildings General Work $182,900.00 Mechanical Work 33,700.00 Electrical Work 14,000.00 Estimated Construction Cost $230,600.00 Yard Improvements Landscape & Irrigation $ 4,600.00 A.C. Paving 2,500.00 Concrete Walks, etc. 34,500.00. Planters (Brick) 910.00 Fencing & Gates - Chain Link 970.00 W.I. Fence 860.00 nag Pole &•Concrete Base 500.00' Playground Equipment 2,400.00 Site Preparation & Grading 7,500.00 Estimated Construction Cost of Yard Improvements 23,740.o0 Total Estimated Construction Cost $254,34o.0o Architect Fees ,, 17,800.00 ( Total Estimated.RCN of Improvements _$272,140.o0 No improvements for Parcel 41339A has been considered., r M/NE AYE /9 '6 th AYE. M Rn AP 4 N Q e � i\ • v � MAlIGUEklTE AYEA°A'73i57oo 0 (PIER AYE) :•:1 co Par./ ': ) eo °° h1o4RIML 7 AYE. (.9$7-N ST. I �+ DIST.COUNTY RTE. P.M. 07 ORA I 15.0 CITY OF EWPOR '. BEACH e:L.. RYA-PCISSU,.i'AY£ :;'•bR'4b98�78.•.•.•.'.•.'•'•' - (40 rX AVE.l S 39 `Y5 30 "/Y.59'8• I _ !.� Being Conveyed �2 STATE OF CALIFORNIA -- DEPARTMENT OF TRANSPORTATION — DISTRICT 07 PLAT ACCOUPANYING SCALE: 110. 4,4r DA'TE:$-l7- 74'' REF. MAP: F--1708 i