HomeMy WebLinkAbout83-40 - Elks Club LeaseRESOLUTION NO. 83 -40
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
• NEWPORT BEACH AUTHORIZING THE MAYOR & CITY
CLERK TO EXECUTE AN AMENDMENT TO A LEASE
PURSUANT TO WHICH CITY UTILIZES A PORTION OF
THE ELKS CLUB PROPERTY FOR PARKING AND
VEHICULAR ACCESS PURPOSES
WHEREAS, the City of Newport Beach, the Griffith
Company and the Elks Lodge Building Corporation are parties to a
SubLease, dated April 28, 1958, which grants to the City of
Newport Beach rights to use certain property, at the northerly
end of Central Avenue, for parking and vehicular access purposes;
and
WHEREAS, the Elks Club has purchased the interests of
the Griffith Company to the original Lease and is now the only
Party, other than the City, which has an interest in the Lease of
the City property referenced above; and
WHEREAS, the Lease referred to above expires on
April 30, 1983, and the Elks Club is reluctant to execute a long-
term Lease renewal until it has had a chance to further negotiate
the terms of such a renewal; and
WHEREAS, the present SubLease does not clearly
establish that the City would have the right to continue to use
the leased property on a month -to -month basis, subsequent to
expiration of the Lease; and
WHEREAS, the parties to the Lease wish to amend the
provisions thereof, to clarify the rights and duties of the
parties subsequent to the termination of the Lease and prior to
the execution of any long -term renewal thereof;
NOW, THEREFORE, BE IT'RESOLVED by the City Council of
the City of Newport Beach that the Mayor and City Clerk are
hereby authorized to execute an amendment to the SubLease,
pursuant to which the City is authorized to utilize the leased
property for parking and vehicular access purposes, a copy of
which amendment is attached hereto as Exhibit "A ", and which
amendment provides for the right, on the part of the City, to
utilize the leased property, on a month -to -month basis, subject
• to the payment of rent as provided in the original agreement.
1983e
ADOPTED this 25th day of
April
Mayor
I
RSP /Elks
U
3
AMENDMENT TO LEASE
•
WHEREAS, the City of Newport Beach, the Griffith
Company and the Elks Lodge Building Corporation are parties to a
SubLease dated April 28, 1958, which grants to the Elks Club the
rights to use certain City property at the northerly end of
Central Avenue for parking and vehicular access purposes; and
WHEREAS, the Elks Club has purchased the interests of
the Griffith Company to the original Lease, and is now the only
party, other than the City, which has an interest in the Lease of
the City property referenced above; and
WHEREAS, the Lease referred to above expires on
April 30, 1983, and the Elks Club is reluctant to execute a long-
term Lease renewal until it has had a chance to further negotiate
the terms of such a renewal; and
WHEREAS, the present SubLease does not clearly
establish that the City would have the right to continue to use
the leased property, on a month -to -month basis, subsequent to
termination of the Lease; and
WHEREAS, the parties to the Lease wish to amend the
provisions thereof, to clarify the rights and duties of the party
subsequent to the termination of the Lease and prior to the
execution of any long -term renewal thereof.
E
e
1. The terms of the original Lease, between the City
of Newport Beach and the Griffith Company, dated August 1, 1952,
and the original SubLease between the City of Newport Beach,
Lodge Building Corporation and the Griffith Company, dated April
28, 1958, are, except to the extent that they are inconsistent
with the provisions of paragraph 2 of this amendment, repeated
herein as though fully set forth at length.
2. Should the City of Newport BEach remain in
possession of the demised premises after the expiration of this
Lease, a new tenancy, from month -to- month, shall be created which
shall be subject to all of the terms and conditions of this
Lease, but shall be terminable by thirty (30) days' written
notice, served, by either party, on the other party, in the
manner prescribed by Section 1946 of the Civil Code of the State
of California. In the event that a month -to -month tenancy is
created by virtue of the holdover by the sublessee, the
consideration to be paid shall be one - twelfth (1 /12th) of the
amount paid for the twelve (12) month period immediately
preceeding the.dat;e of termination of the Lease (April 30, 1983),
with payment of said sum to be made on or before June 10, 1983,
and on or before the 10th of each month thereafter, for so long
as the City of Newport Beach is in possession by virtue of the
provisions of this parag.raph..
I
IN WITNESS WHEREOF the parties hereto have executed
this agreement on the day and year first above written.
• LODGE BUILDING CORPORATION
APPROVED A�S� TO FORK
City Attorne
ATTEST:
City Cler
RSP /Elks
•
CITY OF NEWPORT BEACH
Mayor