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HomeMy WebLinkAbout9444 - Balboa Bay Club Sub-LeaseRESOLUTION NO. 9444 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING INTERNATIONAL BAY CLUBS, INC., TO SUBLET CERTAIN PORTIONS OF THE BALBOA BAY CLUB PREMISES AND ESTABLISHING THE RATE OF RENTAL PAYMENTS TO THE CITY FOR SUB- LEASES OF THE BALBOA BAY CLUB PREMISES FOR COMMERCIAL PURPOSES FOR TERMS IN EXCESS OF ONE YEAR (BRETT- WALKER NEWPORT) WHEREAS, the City of Newport Beach has entered into a lease dated March 24, 1948, with the predecessors in interest to International Bay Clubs, Inc., of certain City -owned real property generally referred to as the Balboa Bay Club site; and WHEREAS, said lease provides that International Bay Clubs, Inc., shall not sublet the premises described in said lease, or any part thereof, for the purpose of operating and conducting any business enterprise at, in, or about the same for a term in excess of the period of one year without the written consent of the City first had and obtained; and WHEREAS, International Bay Clubs, Inc., has requested that the City Council approve a sublease which, after considera- tion thereof, the City Council wishes to approve, NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The City Council hereby approves the following proposed sublease: A sublease between the International Bay Clubs, Inc., lessor, and Eagle American, a California corpora- tion, dba Brett - Walker Newport, lessee, for a term of • five (5) years. The purpose for which the premises is subleases is the operation of a jewelry shop. n ii • • 2. It is mutually agreed between the City and International Bay Clubs, Inc., that the consideration to be paid to the City for all subrentals received by International Bay Clubs, Inc., from any and all subtenants carrying on and conducting a business on any part or portion of the leased premises under any sublease or subleases providing for a term of more than one year shall be based upon the following formula: 2 -1/2% of the first $1,000 of gross sales per month; 2% of the second $1,000 of gross sales per month; and 1 -1/2% of the balance of gross sales per month. ADOPTED this 10th ATTEST: 6Cle C CERTWIED T"E OR*I�L CITY CLERK OF THE CIN OP M a.1" DATE OCT 1 2 1978 day of October 1978. -2- DDO /kb 10/4/78