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HomeMy WebLinkAbout17 - Girl Scout Lease & Resolution - Supplemental� ��WPORT y CITY OF NEWPORT BEACH <oaN" CITY ATTORNEY'S OFFICE "RECEIVE AFTER ENDA DATE: June 25, 2013 PRINTEV' — TO: Honorable Mayor and Members of the City Council FROM: Leonie Mulvihill, Assistant City Attorney MATTER: Girl Scouts of Orange County A09 -00079 SUBJECT: Agenda Item 17 - -- Correction to Section 6.2, Page 8 The Office of the City Attorney requests that Section 6.2 on Page 8 of the Ground Lease included in Agenda Item 17 be corrected. We have attached a copy of the correction that is being requested and recommend that the City Council approve the Ground Lease as corrected. Submitted by: aN�41 --® Leonie Mulvihill Assistant City Attorney undertakes under supervised contracts with third party vendors. City shall have priority over all other uses not directly related to GSOC. The scheduling of the Joint Use Activities shall be coordinated by the Lessee's property manager in consultation with the City's Recreation and Senior Services Department and confirmed in writing by Lessee. Following any Joint Use Activities, Lessor shall ensure that the Property is left in the same condition as prior to the Joint Use Activities and shall provide for any janitorial services necessitated by the Joint Use Activities. 6.1.3 Prohibited Uses. Lessee shall not sell or permit any use that is inconsistent with or prohibited by any City ordinance, regulation or policy including, but not limited to, the City's Municipal Code, General Plan and Coastal Land Use Plan. 6.1.4 Signs. Lessee shall not place or permit to be placed any sign that is not in compliance with the regulations included in the Newport Beach Municipal Code pertaining to signs upon the exterior or in the windows of the Property. 6.2 Change of Use Lessee shall not use, or conduct any activities on, the Property except the Permitted Uses without the prior written consent of Lessor, which consent may knot be unreasonably withheld and provided that such uses and activities are consistent with the mission of the GSOC. 6.3 Compliance with Laws Lessee shall not use the Property in a manner liable to create a public or private nuisance or liable to cause structural injury to the Property or the Improvements. Lessee shall not conduct any operation that would invalidate any insurance coverage required of Lessee. Lessee shall not violate any local, state or federal law in the construction of Improvements, maintenance, or operation of the Property. Lessee shall obtain any required permit(s) from the City and any required approvals or permits from state or federal agencies. 6.4 Zoning and Planning Lessee shall be entitled to repair, alter, -and modify the structures and improvements on the Property in accordance with the provisions of the Zoning Code provided Lessee complies with the provisions of this Lease. Approvals granted by Lessor pursuant to Article 8 of this Lease shall not substitute for land 0 undertakes under supervised contracts with third party vendors. City shall have priority over all other uses not directly related to GSOC. The scheduling of the Joint Use Activities shall be coordinated by the Lessee's property manager in consultation with the City's Recreation and Senior Services Department and confirmed in writing by Lessee. Following any Joint Use Activities, Lessor shall ensure that the Property is left in the same condition as prior to the Joint Use Activities and shall provide for any janitorial services necessitated by the Joint Use Activities. 6.1.3 Prohibited Uses. Lessee shall not sell or permit any use that is inconsistent with or prohibited by any City ordinance, regulation or policy including, but not limited to, the City's Municipal Code, General Plan and Coastal Land Use Plan. 6.1.4 Signs. Lessee shall not place or permit to be placed any sign that is not in compliance with the regulations included in the Newport Beach Municipal Code pertaining to signs upon the exterior or in the windows of the Property. 6.2 Change of Use Lessee shall not use, or conduct any activities on, the Property except the Permitted Uses without the prior written consent of Lessor, which consent may not be unreasonably withheld and provided that such uses and activities are consistent with the mission of the GSOC. 6.3 Compliance with Laws Lessee shall not use the Property in a manner liable to create a public or private nuisance or liable to cause structural injury to the Property or the Improvements. Lessee shall not conduct any operation that would invalidate any insurance coverage required of Lessee. Lessee shall not violate any local, state or federal law in the construction of Improvements, maintenance, or operation of the Property. Lessee shall obtain any required permit(s) from the City and any required approvals or permits from state or federal agencies. 6.4 Zoning and Planning Lessee shall be entitled to repair, alter, and modify the structures and improvements on the Property in accordance with the provisions of the Zoning Code provided Lessee complies with the provisions of this Lease. Approvals granted by Lessor pursuant to Article 8 of this Lease shall not substitute for land 0