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HomeMy WebLinkAbout2950 - Harbor Island Community Assoc AgreementC I AGREEMENT 2 THIS AORE ILNT OF LEASE made this 18th day of 3 - September . 19430 by and between the CITY OF 4� NEWPORT BEACH, a municipal eorporLtim of the sixth class of 5 Orange County, California, hereinafter referred to as the 6 Party of the First Part, and HARBOR ISLAND COIZIUNIa ASSOCIATION, 7 a Non - Profit California Corporation of Neuport Beach, California, 8 hereinafter referred to as the Party of the Second Part: 9 10 -+ -- .1 I T N E R S E a H - - - - 11 I :IHEREAS, Harbor Island has annexed to the City 12 of Newport Beech and is now a part of said City; and 13 i'MERE99, there is certain harbor frontage, tide 14 and submerged lends in and around said Harbor Island, which 15 lands are more particularly hereinafter described; and 16 :9HER:AS, in the Judgment of the Party of the 17 First Part it is for the best interests and uelfnre of said City 18 and the rsidents thereof, to lease said lands hereinafter 19 described to the Party of the Second Part for the purposes 20 hereinafter set forth and under the terms and conditions of 21 this lease; and 22 I.MLR;IS, in the judCment of the City Council of 23 the City of ;1otraort Beach the use of the tide lands and uplands 24 abutting thereon hereinafter described for industrial uses would 25 be inimioal to the best interests of the said City for the 26 reason that the property surroundin and abutting said lands 27 have been subdivided for residential use and the same are now 28 being used for residential purposes exclusively and there are no 29 • Industries of any deseri»tion immsdiately adjoining said lands 30 to be loaned and hereinafter described ; and 31 32 - 1 - i 1 1 UHEREAS, it is the present intention of the 2 Party of the First Part that said harbor frontage, tide lands 3 I and submerged lands shall never be used for industrial purposes 4 and shall be kept for perk, recree.tioh and education purposes; 5 + and 6 , WHEREAS, it is the Judgment of said City Council 7 of the City of Neiroort Beach that the leasing of said lands to 8 I the Party of the Second Part upon the conditions in this agree - 9 ment specified is not inconsistent with the trust imposed upon 10 1 such portion of the lands hereinafter described, which may con - 11 stitute tide lands by the Constitution of the State of California, 12 and by the respective grants under which said City of Newport 13 I Beach acquired said lands from the State of California; and 14 WHEREAS, a portion of the lends hereinafter des - 15 cribed constitute tide and submerged lands and crater frontage and 16 a small portion thereof constitute uplands abutting thereon; and 17 11HER "ZAS, in the Judgment of the party of the First 18 ' Part said uplands cannot be used without said tide lands, nor 19 can said tidelands be used without the uplands abutting thereon, 20 and it is further the Judgment of said Party of the First Part 21 j that the lee.oing of the whole of said lands hereinafter described 22 as one parcel is necessary for the proper development and use i 23 i of said lands, hater frontage, tide and submerged lands for 24 I recreational, residential and educational purposes, and it is 25 1 further the Judgment of the governing body of said first party 26 j above named that the leasing of said lands for said purposes is 27 j necessary for the proper development of NeiTport Harbor and the 28 lands tributary thereon; and • 29 WHEREAS., it is the intention of the party of the 30 second part to use said lands hereinafter described for reoreatior 31 al and park purposes not inconsistent with the trust under which 32 j j said lands are now being held by first party, - 2 - i • 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 NOWl TiEREFORE, THIS AGREMENT FURTHER wITNESSETH: That first party, for and in consideration of the rents herein reserved, and the covenants and agreements herein contained, on the part of the Second party to be kept and performed, has demised and leased, and does by these presents demise and lease unto the second party all the right, title and interest that said City has acquired under Acts of the Legislature, or otherwise, In and to that certain real property more particularly de- scribed as followrs, to -grit: All those certain tidelands and submerged lands lying between the ordinary nigh tide line of the Pacific Ocean in Newport Bay, extending around Tract No. 802, known as Harbor Island, as said ordinary high tide line is described in Case No. 23690 of the Superior Court, State of California, in and for the County of Orange, recorded in Book of Judgments No. 22, page 332, on July 2nd, 1928, and the U. S. Government Bulkhead lines extending around said Tract No. 902, as said bulkhead lines are laid out and shorn upon a map entitled "Harbor Lines, Newrport Bay Harbor, California", approved by the °lar Department May 2nd, 1936, a copy of said map being on file in the office of the U. S. District Engineer, 751 South Figueroa Street, Los Angeles, California. PURPOSE: For the sole purpose of using said lands for recreational and educational purposes. TER1-1: To have and to hold the same with the appur- tenances unto the said party of the second part, for and during J the term of twenty -five (25) years, commeno._a as of the let slay of November, 1943, and ending as of the 30th day of October, 1968. CONSIDERATION: Second Party agrPes to pay to the First Party for the full term hereof the sum of Twro Hundred Fifty Dollars (,`250.00). FURTHER CONSIDERATION: Party of the Second Part further agrees to keep said grounds in good condition, free from rubbish and debris and to police the same at its sole cost and expense. -3- I 1 TAMS ACID ASSESST11!;IBTS: As a further consideration 2 for the leasing aforesaid, the Party of the Second Part covenants !— 3 and agrees to and with the Party of tho First Part that it will 4 pay, in addition to the considerations above specified, all 5 ; public improvement assessments which may become due from time to 6 time upon said described property and in this connection said 7 Party of the Second Part agrees to and does hereby assume and 8 I agree to pay as due, all unpaid assessments now against said 9 property of said nature, description or kind. The Party of the 10 Second part further a3reos to pay all water rates, meter charges 11 and other charges levied, assessed or imposed upon said demised 12 premises, or any part thereof. 13 The Party of the Second Part further covenants 14 and agrees to apy taxes, city county and state, levied or assessed 15 against any improvements which may be placed in or upon said 16 described premises, as well as all taxes which may be levied on th 17 leasehold interest of said Party of the Second Part hereunder, and 18 further the Party of the Second Pert agrees and covenants to pay 19 all the above doped charges before the same shall become delinquen 20 The Party of the Second Part further covenants 21 and agrees that in the event any buildings or other structures are 22 placed on said land, that it will notify the party of the first 23 part promptly of its intention to erect or construct buildings or 24 other improvements on said described premises, and the nature 25 I thereof, and the approxime,te costs thereof, and the party of the 26 first part reserves the right to post and keep posted on said 27 premises, notices of non - responsibility for labor, materials and 28 supplies furnished to the second party, in the erection and von- • 29 struation of any and all improvements on said described premises. 30 No buildings or other structures shall be erected 31 II on said lends without the express written consent of the first i 32 party, except that piers, floats and slips nay be built under such I `4` II 1 II specifications, ruler Pnc7 rogulations then o:Aotlnr; in the .. 5 w 2 City of Nownort Beach. 3 AOSIGiIMLIT Or LEASE: The party of the second past 4 , further covenants and agrees with the party of the first part that 5 i it wjill not assign this lease or any interest therein, without 6 first obtaining the trritten consent of the party of the first part 7 for such assignment, and tho party of the second part further 8 agrees in this connection, not to sublet said demised premises 9 or any part or portion thereof, without the written consent of 10 the party of the first pert. 11 The Second Party Purthsr covenants and agrees that 12 It trill iiot mortgage said loaaehold interest, or any of the imprcv, 13 ments thereon, or to be placed thereon, without the e;press writta 14 consent of the party of the first part first had and obtained. 15 FIRST PA�RTYI S COVE14ANT OF PEACEML EUJOYISENT: The 16 slad party of the first part hereby covenants and agrees that the 17 petty of the second part, performing the covenants, terms and 18 conditions of this lease on the part of the party of the second 19 part to be kept and performed, may and shall have the right at all 20 times during the tern of this lease, to quietly and peacefully 21 hold, possess, use, occupy and enjoy said leased land and premises 22 and all improvements which may from time to time be placed thereon 23 under and by virtue of this lease. 24 LIQUIDATEZ DANACES: The -".'arty of the Second Part 25 further covenants and agrees that it trill, upon the termination 26 of this lease by forfeiture or lapse of time, yield up immediate 27 possession of said demised promises, together with all the 28 improvements thereon, to said Party of the First Part, or to • 29 pay, upon failing so to do, as liquidated damauos for the whole 30 time such possession is withheld, the sun of ",100.00 per month, 31 but the provisions of this clause shall not be held as a wait *er 32 I by said Party of the First Part of any right of re -entry as .. 5 w 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 is 29 30 31 32 hereinafter set forth, nor shall the receipt of said rent or any part thereof, or any other act in apparent affirmance of the tenancy, operate as a waiver of the right to forfeit this lease, and the term hereby granted for the period still uno:tpired, for any breach of the covenants herein. NOTICE: In the event said Party of the Second Part shall default in any of the terms, conditions or covenants hereof, and said default shall continue for slyty (60) days after notice thereof in taritins to the Party of the Second Part, then and in either or any of such events, it shall be latiful for the party of the first part, at its election, to declare said term ended, and with or without process of low, to re- enter, and the said Party of the Second Part and every other person in or upon said premises or any part thereof, to ernel, remove and put out, using such force as may be necessary in so doing, and to repossess and enjoy said premises tilthout prejudice to any rights or remedies t7hether by statute or common law, t:hich night be used for breach of any term, covenant or stipulation of this lease. in this connection the Party of the Second Part halves any compensation for the forfeiture of said term or the possession of said demised premises by the Party of the First Part, in the event of the forfeiture of this lease for any of the causes aforesaid, and hereby gives any demand for the possession of the promises in the event of the forfeiture of this lease, and agrees that any notice that the Party of the First Part may desire or Is required at any time to give or serve upon the Party of the Second Part, t =A th reference to the follegoing covenants, or any other one in this lease, may be sent by registered mail, postaga prepaid, to the Party of the Second Part, at such address as shall have been last furnished in writing by the Party of the Second Part, to the Party of the First Part, or may be left at - 6 - • 1 I such address in the ogre of any om�oloyee of thD :arty of the Socon 2 i Part, or the nasty of the First Part may post such notice con - 3 I opiouously for ten consecutive days upon the said described 4 premises, and the giving of such notice in either way above 5 described shall eonstitui;w a good, sufficient and lawful notice 6 in all cases where by the teriao of this lease a notice is 7 required to be given by said Farty of tho First Part to the 8 Party of the Second Part. 9 COSTS OF LITIGATION: The Party of the Second mart 10 further covenants to f,nO. with the Party of the First Part that 11 in the event said Parti of the Mrst Part shall without any 12 fault on its pr.rt, be made parties to any litigation commenced 13 by or against said Party of the Second Part, that tho Party of 14 the Second Part uill pay all costs and reasonable attornoy's fees 15 incurred by or imposed upon said Party of the First Pert, by or 16 in connection with said litigation, and the Party of the Second 17 Part will pay all costs and reasonable attorney's fees uhieh may 18 be incurred or pEid by the Party of the First Part in 19 enforcing the covenants of this lease, and all such costs and 20 I attorney's fees whon paid by said Party of the First Part shall 21 I be so much additional consideration for the granting of this lease 22 FIRS^ PrARTYIS R 1•MDIES: It io further understood 23 and agreed that the various rights and remedies herein contained 24 and reserved to 'oho Party of the First Part, shall not be con- 25 diderod as exclusive of any other right orrvomedy, but the same 26 shall be construed as cumulative, and shall bs in addition to 27 every remedy now or hereafter existing at late, in equity or by 28 statute. iJo delay or admission of the Party of the .First Part 29 to exercise any right or pourer arising from any omission, or 30 default of the Party of the Second Part, shall impair any such 31 right or power, or shall be construed as a waiver of any such 32 default or any acquiesenee therein. No waiver of the breach of _7- • 1 1' 2 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 any of the covenants of t-hi s lease _iIlall be aonotrued 4z, hold to be a waiver of any othor briaoh or waiver or acquiescence In or consent to any gurthir or sucaoeo43ng breach of the same covenant. III WTII S'3 'III sZ X28 Ilia City of 21etipor t beach has this day caused Ito corporate name to be signed and its corporate seal to b,3 af,2lxaLl by ite rluyor and City Clerk there- unto duly authorized by Resolution u. its ^city Council dated the IM day of January , 194h, and the Party of tho Second Part has hereunto caused its corporate name to be signed and Ste co.- Borate seal to be -- fli..ec.1 by the .°s^esident and Secrutar, therounto dulrT authorize' by Resolution of Its Board. of Directors the lie th day o, ye2terdbar , 1943. ATTEST: (Signed) FranZ L. Rinehart City Clerk ATTEST: (Signed) CaTM11 B. Ree!C 13ecre axy CITY OIL :IL `PORT B-E:.0II By (91(';n d) C1;;. a H. Hal1 Neyyor Party of the First fart II. -MOT. MSLAIOD C01 f111111TY ASSOCIAM By ( SIGned Laoaartl G. Strater Pre sent Party of the Second Part.