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Home My WebLink About1505 - Agreement & Amendment with JA Beek1 RESOLUTION NO. p)dJ 2 • 3 WHEREAS, there has this day been presented to the City 4 Council of the City of Newport Beach a certain Agreement and 5 Amendment of Lease dated the 6th day of Ftebrus-Pyr1939, 6 by and between the City of Newport Beach as the party of the 7 first part, and J. A. Beek as the party of the second part; and 8 WHEREAS, the City Council of the City of Newport Beach 9 deems that the consideration for the execution of said agreement 10 is in all respects just, fair and adequate; and 11 WHEREAS, the City Council further deems that it is for 12 the best interests of the City of Newport Beach that said 13 agreement be executed. 14 NOW, THEREFORE, BE IT RESOLVED: That the Mayor and City 15 Clerk of the City of Newport Beach be, and they are hereby 16 directed, authorized and instructed to execute said Agreement 17 in the name of and on behalf of the city of Newport Beach, and 18 the City Clerk is instructed to deliver a duly executed copy 19 thereof to the party of the second part therein named. 20 21 I hereby certify that the above and foregoing Resolution 22 was duly and regularly passed and adopted by the City Council 23 of the City of Newport Beach at a regular meeting thereof held 24 on the 6th day of February, 1939, by the following vote, to —wit: 25 A ES, COUNCILMEN: l"r 26 0�nm 27 NOES, COUNCILMEN: 128 ABS T, CO I MEN:j� gam_ -`�TTES Mayor obf° the city of Newport Beach 30 71 At 31> _:City Clerk 32 LAW OFFICES OF ROLAND THOMPSON RIO SPURGEON BUILDING SANTA ANA. CALIFORNIA 4 6 6 7 8 9 10 11 12 13 14 16 16 17 18 19 20 21 22 23 24 26 26 27 28 29 30 31 Ahl']l.6'sA'si1;: %P3'i' R"r4'YJ; ♦xrs:/.SMATE-°.T O it:°rA513 TITIS AGIRFIMMTO made and entered into this 6th day of February, 1939, by and between the City of .Pswport" "Desch, a municipal corporation, of the zixth class, of Orange County, California,, hero.inafter referred to ass the party of the first parts and S. A, nook, of ftl oa 131eane3, in thA City of Howport Deacsh, Orange County, Csaillorn.in, hereinafter i aoforr sd to as the party of the second 'hart, W.1T11999ET'A s Ya'Ii RRAi3, the parties hereto 41d* on the lath flab of dsaly, 193,9# ranter into an instrurr nt in writing thareira designated "Lease and Anondmont of rormor I -ease" which said agreement cover..ed and affected the real propert7 described as follows, to+witt A. oei of land .situated in the Northwest wetter (Iai5 of Section Thirty-five (38), Township 3iX South, Range Ton (10) ~test, SoBaBo & 13.0 Orange County, California# moral particularly dal- sCWA' d as followe, to -wits Beginning at Us S. ioulkhead station N04 2000 as shown upon a map. entitled "s'iarbor Lines$ 'Nevort f�y Harbor# Califosrnia," approved P!:aay, 2nd., 1036# 'by the Secretary of 'War and on Film in the ,office of the United States: Distrisst itssp�in"r at E,oa; Ang.010 r, Caalifornial running thence ': €est along the U, 3. Vullchoad line, 147.60 feet to V. fit, Station tlbo 1371 V.Ienoe [forth 300 40, Wont slots said Bulk- head line, 5;55.63 feat; thence North 23u:870.30" F.,ost, 12 G.v4 foot to an angle Doint An the ordinary high tide line of tho paelho Or can In Newport Rag, as described In Coart Case fto 24020 of the Superior Court of the Stato of '�ollfornisa in and for the County of Orange; thence ;loath 360 40! Vast along said ordinary, hirla tide line, 334.47 fett to the :post Z'esterly corner of that certain parcel of land conveyed to the City of TJewport Beach isg the Irvine Company, as eecscribec1 In deed rocroded Septercter 25th, 19200 In 5nok 0(3, pngo 37151 of Official Re- 1'143 e. 0 1.• �f 1 2 I�3 1 4 6 6 7 8 9 10 11 12 13 14 16 16 17 18 19 20 21 22 23 24 26 26 27 28 29 30 31 Ahl']l.6'sA'si1;: %P3'i' R"r4'YJ; ♦xrs:/.SMATE-°.T O it:°rA513 TITIS AGIRFIMMTO made and entered into this 6th day of February, 1939, by and between the City of .Pswport" "Desch, a municipal corporation, of the zixth class, of Orange County, California,, hero.inafter referred to ass the party of the first parts and S. A, nook, of ftl oa 131eane3, in thA City of Howport Deacsh, Orange County, Csaillorn.in, hereinafter i aoforr sd to as the party of the second 'hart, W.1T11999ET'A s Ya'Ii RRAi3, the parties hereto 41d* on the lath flab of dsaly, 193,9# ranter into an instrurr nt in writing thareira designated "Lease and Anondmont of rormor I -ease" which said agreement cover..ed and affected the real propert7 described as follows, to+witt A. oei of land .situated in the Northwest wetter (Iai5 of Section Thirty-five (38), Township 3iX South, Range Ton (10) ~test, SoBaBo & 13.0 Orange County, California# moral particularly dal- sCWA' d as followe, to -wits Beginning at Us S. ioulkhead station N04 2000 as shown upon a map. entitled "s'iarbor Lines$ 'Nevort f�y Harbor# Califosrnia," approved P!:aay, 2nd., 1036# 'by the Secretary of 'War and on Film in the ,office of the United States: Distrisst itssp�in"r at E,oa; Ang.010 r, Caalifornial running thence ': €est along the U, 3. Vullchoad line, 147.60 feet to V. fit, Station tlbo 1371 V.Ienoe [forth 300 40, Wont slots said Bulk- head line, 5;55.63 feat; thence North 23u:870.30" F.,ost, 12 G.v4 foot to an angle Doint An the ordinary high tide line of tho paelho Or can In Newport Rag, as described In Coart Case fto 24020 of the Superior Court of the Stato of '�ollfornisa in and for the County of Orange; thence ;loath 360 40! Vast along said ordinary, hirla tide line, 334.47 fett to the :post Z'esterly corner of that certain parcel of land conveyed to the City of TJewport Beach isg the Irvine Company, as eecscribec1 In deed rocroded Septercter 25th, 19200 In 5nok 0(3, pngo 37151 of Official Re- 1'143 e. 0 1.• 01 z 3 4 5 6 7 8 9 10. 11 12. 13 1.4 15:� is 17 18 19 20 21 22 23 24 25 26 27 28 _ 29 30 31 colds of Urgings County* California; thence North 23 670 30" East along the Northwesterly line of said parcel of land, 337*67 food thence South 710 641 Egist along; the Vortherlv, line of said pRrtel of .land.; 000,24 foot; thence South 150 43t linat alone the Northerly lino of said paroel of land# maid Northerly line being the Southerly line or i?avalii5e 1-'rive, 605. 7? rest; tip ,once South 432020 Taut to a Point In the U. f., <ovt. Ziilkhond line between '7, . t tations Nos, 101 and X0.1 thence y:est along said line, 654,2,0 foot to t?na point of bsginninw,., ccnbolni.nt.: approxlmstaly shaven (llS aasrajs, That said agroo+monb heretubefore referred to is ,_here= after d'004nnted OBeek0aa ]-same aa, 2" and said-, Lease Clot , 2, is by retorane.9 thereto, made apart thereof. to the saams extent and purpoce arm if saw Beekta 11A6*6e, 1Na. 2, were sat out and i,noorporatad heroin acre, by wordy srA' 'H Sp the party of the second part intends to st b� vide Into residential lots, a portion or all of said above described property ohiah saidd above dsecribed, property is also. described. in sold S60kr a Lease No* G, as aforesaid ;. and tIMMRAS, said seeonid tarty further proposes to sub -lot or ecsb -leads said above described property oo proposed to be subdivided to various individuals for a terse of peers and upon a yearly rental baAsiel and IAHMEAS, it is necomearg under the plan +dnereby grecond party proposes and intends to sitb -lot and sub4•leass said property above described to acaaure the sub- les"ass thereof that they will not, during the terra of their:sub- leases, lose their said oub- looses by reason of second party#* default under the terms of said Peeks a Lease No. 2 an a roregsid; and UHMEAS, which grub-letting or sub - leasing of said .pro- party will.materblly increase first paartyts revenue corder the terms of said berekts Lease No. 2 as aforesaid; and RISIRF�AS, the City Colancil of the City of Newport Beach, deems that it is for the best interests of said City that Page 2. 1 said Beek*s been" Aloo 2 be amended In the varrnor hereinafter 2 11 set forth. 20 2T - 22 23 24 26 26 27 28 29' 30 31 40* Ti2E`TE1aptRRe.3`HIS AGREIV42117 11Dii'1VIET1 i7T TT.V!.ZSs"M1 'ftat for and in cona ldesratl,on of the znromises a;,.id other. valuable eansiderations# 'Et is asau.tnally ad;read between said pa"10,00 as 'follows: ` t4t in the event said second ,arty sahal.l default in the 'raking cf the payments to to .made to the party of the first part so provided for in s�skeas Lease 80. 2# as sororeaaid# Cmt said, default obaall not in any manner affect any aub:• leffbee.of real property herein deescribed# provided# homevor, said pub- lessee shall In the event Of such defaults pay to fIrst,party# and he is hereby given the right and privilege of ,payUg to first party the yearly rentals provided for in bts,'ssld sub - lease# and upon said payments being made to said Qty by said snub- lease >o # said sub -lease shall remain in full foroe and effect during the term thereof (providing said UM thereof shall mot exceed tale term ,provided for in said es$k_aa.Laaae Po. 2)a And it is further understood and agreed bet *"n said parties that any sub- lmaasee of property heroin tlesortbed assay# at his option# pay his pro-rata of the acreage anal paroantago rentals . provided for in paragraph " =(o)" of said °TkpokI a Lease Ito. PO to first «warty # and the balanoe to said second party, kxesept as said Taeekes Lease No. 2 shall btaim been amended or ohanged by this; agrooment# the aame shall remain in full forts and +affect$ parties hereto agreeing that sold lease has# in all respects, boon fully aorslalied with to date hereof. G Page V . 3 6 6 7 8 9 10 11 12 13 14 16 16, :. 17 18 19 20 2T - 22 23 24 26 26 27 28 29' 30 31 40* Ti2E`TE1aptRRe.3`HIS AGREIV42117 11Dii'1VIET1 i7T TT.V!.ZSs"M1 'ftat for and in cona ldesratl,on of the znromises a;,.id other. valuable eansiderations# 'Et is asau.tnally ad;read between said pa"10,00 as 'follows: ` t4t in the event said second ,arty sahal.l default in the 'raking cf the payments to to .made to the party of the first part so provided for in s�skeas Lease 80. 2# as sororeaaid# Cmt said, default obaall not in any manner affect any aub:• leffbee.of real property herein deescribed# provided# homevor, said pub- lessee shall In the event Of such defaults pay to fIrst,party# and he is hereby given the right and privilege of ,payUg to first party the yearly rentals provided for in bts,'ssld sub - lease# and upon said payments being made to said Qty by said snub- lease >o # said sub -lease shall remain in full foroe and effect during the term thereof (providing said UM thereof shall mot exceed tale term ,provided for in said es$k_aa.Laaae Po. 2)a And it is further understood and agreed bet *"n said parties that any sub- lmaasee of property heroin tlesortbed assay# at his option# pay his pro-rata of the acreage anal paroantago rentals . provided for in paragraph " =(o)" of said °TkpokI a Lease Ito. PO to first «warty # and the balanoe to said second party, kxesept as said Taeekes Lease No. 2 shall btaim been amended or ohanged by this; agrooment# the aame shall remain in full forts and +affect$ parties hereto agreeing that sold lease has# in all respects, boon fully aorslalied with to date hereof. G Page V . 1 2 4 a 6 7, e; s. 10 I iid ITtdl Fa�: ;a -J 0 the .Chet party has executed this contract pursuant to resolut ion of Ite City Council; dated the Oth day of Fetirtar;, , lf:'70, authorizing its corporate nama and coal to be unboar3.bed and aft "iron °:.heroto, by the Mayor mid City Clerk of the i IVY of Newport P ach o and the party of tbo soc:onf part hao bereztnto aet his hand the flay and year .first above wri.tton. CITY OF iiRYit ORT BEACH 13v Harry H. Williamson Mayor By Frank Rinehart City Clerk Party of the first part. i# S J. A, Bejk 9 :party of the second part. 7� 1 q k 3i IIs Prank L, Hinehert, duly eleotedp:quelifled k24' sand" aotirrg City Clerk of the City or Nawport 5 esach, do .hereby eerti:fy that the above is a trm.ie, correct, and compared copy. ;z5 i� of.an A�,,.reement and Amendment of 'Lease passed by Resolution No. 1605 at a regular meeting of the City Council of the City i26 of Newport Seach hold on the 0th dny of February,. 1039. $tl 27 � X29 , 29 ty er, Of e y o New,;>ort Peach ,30 II 31