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HomeMy WebLinkAbout1371 - Lease to JA BeekAb 1 1' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OF ROLAND THOMPSON 310 9YURGEON BUILDING SANTA ANA, CALIFORNIA RESOLUTION NO. +� WHEREAS, there has this day been presented to the City Council of the city of Newport Beach a certain Lease and Amendment of Former Lease, dated the 18th day of July, 1938, wherein the city of Newport Beach is the party of the first part and J. A. Beek is the party of the second part; and WHEREAS, said Lease refers to lease from first party to second party dated November 9, 1987, and also written amend- ment to said lease dated March 3, 1930, which said lease is now in full force and effect; and WHEREAS, the leased premises have heretofore been improved by the party of the second part and said party of the second part desires to further improve the westerly portion of the leased premises and to increase the city's revenues under its percentage rentals under said lease; and WHEREAS, the westerly portion of said premises consists in part of tide lands granted to the city of Newport Beach by the state of California, and the remainder thereof is uplands abutting upon said tide lands, and in the judgment of the city council of the city of Newport Beach the use of the westerly portion of said tide lands and said uplands aforesaid, for industrial uses is and will be inimical to the best interests of said city that said former lease be amended as follows: That the property described in said lease be leased tO lessee for a term of twenty -four years, three months and twenty days fromthe date of said lease, and ending November 8th, 1968, upon the same terms, covenants, conditions and rentals, except as hereinafter set forth, to -wit: That the westerly portion of said leased premises be leased for park, recreational, residential or educational purposes, to the lessee; that for said westerly portion lessee shall pay to the city, on or before 1. 1 2 3 • 4 5 6 7 8 9 10 W 11 12 13 I 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OF ROLANO THOMPSON 210 SPURGEON BUILDING SANTA ANA. CALIFORNIA November 9th of each year during said term, to and including November 8, 1942, $30.00 per acre per year; from November 9, 1942, to and including November 8th, 1947, $40.00 per acre per year and from November 9, 2947, to the end of said term $50.00 per acre per year; and in addition thereto lessee agrees to pay said city until November 8, 1947, 2% and thereafter during the remainder of said term 5% of all sums he shall receive from the use of said Westerly Portion of said leased premises, all as in said lease provided; and WHEREAS, for the Easterly portion of said leased premises Lessee shall pay to the city up to November 8, 19529 the rental and percentages provided for in said lease dated November 9, 19279 and for the remainder of said term, shall pay to the city, on or before November 9, of each year, $50.00 per acre per year, and in addition thereto agrees to pay said city during the remainder of said term from November 8th, 1952, to November 8, 1962, seven and five- tenths percent (7.5 %) of all the gross sums he shall receive from the use of said Easterly portion or any part thereof, all as in said lease more particularly set forth; and WHEREAS, The City Council of the city of Newport Beach deems that it is for the best interests of said city of Newport Beach that said lease be entered into with the said J. A. Beek. NOW, THEREFORE, BE IT RESOLVED: That the Mayor and City Clerk of the city of Newport Beach be, and they are hereby directed, instructed and authorised to execute said lease in the name of and on behalf of the city of Newport Beach, and that the City Clerk deliver a duly executed copy thereof to the Lessee therein named. a. • 5 h • 's 1 I hereby certify that the above and foregoing 2 Resolution was duly and regularly passed and adopted by the 3 City Council of the city of Newport Beach at an adjourned f IRW 4 regular meeting thereof held on the 18th day of July, 1938, 5 by the following vote, to -wit: 6 7 8 9 10 11 12 I3 14. S . 15' 16 �, idly 17 18 19 20 21 22 23 24 25 26 27 28 29 P . '- -_ 30 31 32 LAW OFFICES OF ROLAND THOMPSON 210 SPURGEON BUILDING SANTA ANA. CALIFORNIA A COUNCILMEN. ire NOES, COUNCILMEN: ABSENT, COUNCILMEN: 1 ►�On� %. J UL w % i JIM, a = � m / Mayor the city of Newport Beach 30