HomeMy WebLinkAboutM2002-0115 (3)DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P.0 BOX 532711
LOS ANGELES, CALIFORNIA 90053-2325
November 29 1999
REPLY TO
ATTENTION OF:
Office of the Chief
Regulatory Branch
Lisa Miller
Shellmaker, Inc.
875b West 15th Street
Newport Beach, California 92663-2701
Dear Ms. Miller:
Reference is made to your request of October 13, 1999 (File No. 200000198 -SMS). Under the
provisions of Section 10 of the Rivers and Harbors Act of March 3,1899 (33 U.S.C. 403), you are
hereby authorized to modify the existing dock into a new configuration in Newport Bay in City of
Newport Beach, Orange County, California, as shown on the enclosed drawings. No dredging or
discharge of fill is to occur, nor shall there be any impacts to eelgrass.
The owner or authorized responsible official must sign and date all copies of this Letter of
Permission (LOP) indicating that he/she agrees to the work as described and will comply with all
conditions. One of the signed copies of this Letter of Permission must be returned to the Corps of
Engineers (a pre -addressed envelope is enclosed). In addition, please use the two attached
postcards to notify this office as to the dates of commencement (within 10 days prior to the start of
construction) and completion of the activity (within 10 days following the end of construction).
Thank you for participating in our regulatory program.
PERMITTEE
Sincerely,
Richard J. Schubel
Chief, Regulatory Branc
DATE
-3 -
PERMIT CONDITIONS
General Conditions:
1. The time limit for completing the authorized activity ends on November 29, 2001. If you find
that you need more time to complete the authorized activity, submit your request for a time
extension to d -ds office for consideration at least one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this pen -nit. You are not relieved of this
requirement if you abandon the permitted activity, although you may make a good faith transfer
to a third party in compliance with General Condition 4 below. Should you wish to cease to
maintain the authorized activity or should you desire to abandon it without a good faith transfer,
you must obtain a modification of this permit from this office, which may require restoration of
the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing
the activity authorized by this permit, you must immediately notify this office of what you have
found. We will initiate the Federal and state coordination required to determine if the remains
warrant a recovery effort or if the site is eligible for listing in the National Register of Historic
Places.
4. If you sell the property associated with U -ds permit, you must obtain the signature of the new
owner in the space provided and forward a copy of the permit to this office to validate the
transfer of this authorization.
5. You must allow representatives from this office to inspect the authorized activity at any time
deemed necessary to ensure that it is being or has been accomplished with the terms and
conditions of your permit.
Special Conditions: See attached sheet.
-4 -
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described
above pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local
authorizations required by law.
b. This pen -nit does not grant any property rights or exclusive privileges.
c. This pen -nit does not authorize any injury to the property or rights of others.
d. This pen -nit does not authorize interference with any existing or proposed Federal
project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume
any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or
unpem-titted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities
undertaken by or on behalf of the United States in the public interest.
c. Damages to persons, property, or to other peni-dtted or unpermitted activities or
structures caused by the activity authorized by this permit.
d. Design or construction deficiencies associated with the pern-dtted work.
e. Damage claims associated with any future modification, suspension, or revocation of this
permit.
4. Reliance on Applicant's Data: The determination of d -ds office that issuance of this permit is
not contrary to the public interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this pennit at any
time the circumstances warrant. Circumstances that could require a reevaluation include, but are
not lin-dted to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The infonnation provided by you in support of your permit application proves to have
been false, incomplete, or inaccurate (See 4 above).
-5-
c. Significant new information surfaces wl-dch this office did not consider in reaching the
original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension,
modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures
such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures
provide for the issuance of an administrative order requiring you to comply with the terms and
conditions of your permit and for the initiation of legal action where appropriate. You will be
required to pay for any corrective measure ordered by this office, and if you fail to comply with
such directive, tl-ds office may in certain situations (such as those specified in 33 CFR 209.170)
accomplish the corrective measures by contract or otherwise and bill you for the cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity
authorized by this permit. Unless there are circumstances requiring either a prompt completion
of the authorized activity or a reevaluation of the public interest decision, the Corps will normally
give you favorable consideration to a request for an extension of d -ds time limit.
n.
LOS ANGELES DISTRICT
U.S. ARMY CORPS OF ENGINEERS
CERTIFICATION OF COMPLIANCE WITH
DEPARTMENT OF THE ARMY PERMIT
Permit Number: 200000198 -SMS
Name of Permittee: Lisa Nfiller
Date of Issuance: November 29,1999
Upon completion of the activity authorized by this permit, sign this certification and return
it to the following address:
U.S. Army Corps of Engineers
Regulatory Branch
A=: CESPL-CO-R-200000198-SMS
P.0 Box 532711 Los Angeles, CA 90053-2325
Please note that your permitted activity is subject to a compliance inspection by an Army
Corps of Engineers representative. If you fail to comply with this permit you may be subject to
permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been
completed in accordance with the terms and conditions of said permit.
Signature of Perrnittee
Date
JJA t.19V
LIDO
MARINA
VILLACE
ON THE WATER FRONT IN NEWPORT BEACH, CALIFORNIA
MANAGEMENT/LEASING OFFICE
3400 VIA OPORTO, SUITE 104 NEWPORT BEACH, CA 92663-6302 - (714) 675-8662 - FAX: (714) 673-8517
November 8-,1999
Tony Melum, Deputy Chief
NEWPORT BEACH FIRE AND MARINE DEPARTMENT
3300 Newport Blvd.
Newport Beach, CA. 92658
Subject:
Dear Mr. Melum:
Lido Marina Village
Dock Repair
With the exception of "E" Dock item 1, the repairs and maintenance required by your, department
have been completed. Item 1 (E Dock) is expected to be completed no later than December 15,
1999. 1---)
Again,Aank y�6u for your patience.
Sin,terely,
Do'ffna LarsoW--
Property Manager
RNA US
-qw
6eol 541-7-11, - 411� Aw-1 9--;, /;A�
joV�7,ol,,z-5
ON TWe WATER FRONT... IN NEWPORT �MCM. CALIFORNLA
MANAGEMENT/LEASING OFFICE
3400 VIA OPORTO, SUITE W4 NEWPORT BEACH. CA 921�63-6302 - (714) 675-9662 � F�X: (7W. 6,73,8517
octobeir - T5-1 1999
Tony Melum, Deputy Chief
NEWPORT BEACH FIRE AND MARINE DEPARTMENT
3300 Newport Blvd
Newport Beach, CA, 92658
Subject: Dock Repairs
Dear Mr. Melum:
Items 1, 2,3 and 4 completed. Items 5.6,7 and 5 will be COMPleted October 15, 1999.
The replacement of the floatations on the wood dock as outline in your diagram will be complett.-d
by October 31, 1999. As usual when you open up a can of womis you get more worms- The
original projection for completion on this phase was October 15, 1999. After removing some of
the walkway it was discovered more floats needed replacing then originally anticipated.
Securing the wires, waterlines, electrical, telephone lines etc to the dock will be completed by
October 17, 1999,
The oriq�i�nomp tion date was November 1999. Completion is scheduled for Decembef 15.
1999.
T p
T k you for y ur patience and it I can be of any service, please call me anytime,
ncerely
D OIL >
Property Mana ef
California Regional Water Quality Control Board
Santa Ana Region
Winston Hickox a
Internet Address: http://www.swrcb.ca.gov Gray Davis
Secretaryfor 3737 Main Street, Suite 500, Riverside, California 92501-3339 Governor
Environmental Phone (909) 7824130 * FAX (909) 781-6288
Protection
October 14, 1999
Lisa E. Miller
Shellmaker, Inc.
875 B West Street
Newport Beach, CA 92663
PROPOSED REBUILDING OF EXISTING CONEVIERCL&L DOCK, LIDO MARINA
VILLAGE, 3400 VIA OPORTO, NEWPORT, ORANGE COUNTy
Dear Ms. Miller:
If standard dock construction methods and materials are utilized, this project should not adversely
impact water quality. A statement has been submitted that there will be no waste discharged from
the proposed project. Based on these assurances, clearance is provided.
However, should the Army Corps of Engineers determine that this project requires a Section 404
permit, it will be necessary for the project proponent to obtain from this Board a Water Quality
Certification under Section 401 of the Clean Water Act.
Should you have any questions, please contact Jawed Shami at (909) -782-3298.- -
Sincerely,
Gary D. Stew , Chief
Regulations
cc: Califor-ma Coastal Commission, Long Beach
Army Corps of Engineers - Bruce Henderson
City of Newport Beach, Marine Department - Tony Mellum
City of Newport Beach, Building Department - Faysid Jurdi
JIS/blutag6l.let
California Environmental Protection Agency
cc, Recycled Paper
Facility Date
Overall Condition of Facility:
Excellent Good a(S)
Comments: 77V�, 4W-Iv� E,�2-5-A,) 5��C-77aV& AO�V-- 47
1-02 /4� ~� A a/zf,�7
2
� 7
Berthing procedure: Excellent Good Fair
Number of slips and side ties: Number of vessels in marina_"
Number of illegally berthed vessels
Conu-nents:—/7-/.�----
'oqz-4/�7>
,5;VA4�'� _51VO415 �I
Sanitation: Excellent Good (9 Poor
Number of restrooms Z./I total number of heads
IF
Nearest Pumpout Station 0,1//
Restroom within 400' of furthest slip: No
Signs posted water quality information Yes
Comments:
Fire Fighting Equipment at Facility: Excellent (G:oo:d:) Fair Poor
Meets specifications of City ofNewpo.-t Beach Fire and Marine Department: (9 No
Hose cabinets at appropriate locations 0 No
Fire Extinguishers on docks: (97) No
Fuel stored correctly: (0 No
Comments:
/;5�4-Z4� 1
Parking:
Number of slips and side ties: Number required: (0.75 X # slips)
Number of dry storage Number spaces required (0.33 X #space)
Comments:
General Recommendations for Facility:
o
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Appendage 2
Berthing Procedures continued
A number of vessels were rafted and improperly tied up in violation of the
Municipal Code sections 17.20.010 and sections 17.20.020. At least one
vessel was observed berthed in violation of City Council Policies H- 1,
Moorings (b) in that it extended bayward more than the width of the beam
beyond the float.
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Hearing Date: May 21, 1998
Agenda Item No.: 3
Staff Person: Marc Myers
644-32110
Addendum
Appeal Period: 14 days
PROJECT: J.P.1s of Newport Beach (Erik Rameson, applicant)
3450 Via Oporto
PURPOSE OF
APPLICATION: Request to allow the re-establishment of the existing Warehouse
Restaurant as J.P.'s of Newport Beach, a new full service restaurant and
entertainment facility. The application includes alcoholic beverage
service, outdoor patio dining, both indoor and outdoor live musical
entertainment and indoor dancing. The application also includes a request
to permit a variety of interactive and skill games and to allow the use of
valet parking service.
ACTION: Approve, modify or deny:
0 Use Permit No. 3626
SUMMARY:
At the May 7, 1998 meeting, the Planning Commission requested that staff provide more detailed
information regarding parking in the Lido Marina Village area. At the Commission's request, the
following chart has been compiled which identifies the inventory and demand of available parking
in the Lido Village area. The chart identifies the existing and vacant restaurant uses and the
number of parking spaces required for each operation based on information in the approved Use
Permits. The chart also identifies the retail and office building uses in the village and surrounding
area that potentially draw upon the available parking spaces in the village area. These numbers are
based on a parking ratio of I space for every 250 square feet of gross floor area. Based on these
factors, the chart distinguishes between the total day and the total night time parking spaces
required of each use versus the number of total parking spaces available. It should be noted that
this analysis includes the parking requirements established by Use Permit for the Magic Island
tenant space. This Use Permit was revoked by the City Council on June 27, 1994.
The chart shows total daytime parking demand exceeds the total parking available by 82 spaces.
The night time parking demand of the uses identified exceeds the total parking available by 38
spaces. The chart also specifies the number of parking spaces, both day and night, that have been
waived in conjunction with their respective use permit approvals. Taking into account the number
of spaces that have been waived, the offset between the number of parking spaces required and
spaces available becomes greater. It should be noted that the number of parking spaces in the
parking structure has changed. Staff made a physical inspection of the subject parking structure
and counted a total of approximately 373 parking spaces. The 395 spaces that the staff report
CITY OF NEWPORT BEACH
COMMUNITY AND ECONOMIC DEVELOPMENT
PLANNING DEPARTMENT
_Uoo NEWPORT BOULEVARD
NEWPORT BEACH, CA 92656
(714) 644-32—; FAX (734) 644-3250
a
Hearing Date: May 21, 1998
Agenda Item No.: 3
Staff Person: Marc Myers
644-32110
Addendum
Appeal Period: 14 days
PROJECT: J.P.1s of Newport Beach (Erik Rameson, applicant)
3450 Via Oporto
PURPOSE OF
APPLICATION: Request to allow the re-establishment of the existing Warehouse
Restaurant as J.P.'s of Newport Beach, a new full service restaurant and
entertainment facility. The application includes alcoholic beverage
service, outdoor patio dining, both indoor and outdoor live musical
entertainment and indoor dancing. The application also includes a request
to permit a variety of interactive and skill games and to allow the use of
valet parking service.
ACTION: Approve, modify or deny:
0 Use Permit No. 3626
SUMMARY:
At the May 7, 1998 meeting, the Planning Commission requested that staff provide more detailed
information regarding parking in the Lido Marina Village area. At the Commission's request, the
following chart has been compiled which identifies the inventory and demand of available parking
in the Lido Village area. The chart identifies the existing and vacant restaurant uses and the
number of parking spaces required for each operation based on information in the approved Use
Permits. The chart also identifies the retail and office building uses in the village and surrounding
area that potentially draw upon the available parking spaces in the village area. These numbers are
based on a parking ratio of I space for every 250 square feet of gross floor area. Based on these
factors, the chart distinguishes between the total day and the total night time parking spaces
required of each use versus the number of total parking spaces available. It should be noted that
this analysis includes the parking requirements established by Use Permit for the Magic Island
tenant space. This Use Permit was revoked by the City Council on June 27, 1994.
The chart shows total daytime parking demand exceeds the total parking available by 82 spaces.
The night time parking demand of the uses identified exceeds the total parking available by 38
spaces. The chart also specifies the number of parking spaces, both day and night, that have been
waived in conjunction with their respective use permit approvals. Taking into account the number
of spaces that have been waived, the offset between the number of parking spaces required and
spaces available becomes greater. It should be noted that the number of parking spaces in the
parking structure has changed. Staff made a physical inspection of the subject parking structure
and counted a total of approximately 373 parking spaces. The 395 spaces that the staff report
identified was obtained from the previously approved use permit for the Warehouse Restaurant.
Over time, the nurnber of spaces in the parking structure has fluctuated between 359 and 425 based
various use permit approvals and striping plans. To maximize the potential of the area available for
parking in the structure, an evaluation of the striping in the parking structure should be conducted
by a professional traffic engineer. If additional parking spaces can be provided through re -striping
in a manner acceptable to the City Traffic Engineer, it is suggested that it be required as an
additional condition of approval.
At the Commission's request, staff has prepared additional conditions of approval and amended
those in question. Those conditions of approval that have been amended are as follows:
2. That 200 parking spaces shall be provided for the daytime operation and 175 spaces shall be
provided for the evening operation within the Lido Village Parking structure and that a
waiver of 41 parking spaces shall be granted.
3. The valet parking service and the use of the parking structure shall be provided at no charge
to the patrons of the restaurant and the restaurant shall provide a minimum of 4 hours of
parking validation in the structure at no charge to the patrons.
24. That the indoor live entertainment shall be limited to the hours of 9:00 p.m. to 1:30 a.m.
only and that noise from the proposed live entertainment shall be confined to the interior of
the building, and that the doors and windows of the facility shall remain closed whenever
live entertainment is performed within the restaurant facility, and further that noise
generated by the restaurantfacility shall comply with Chapter 10. 26 of the Municipal Code.
The following conditions of approval have been added by the Commission's request:
29. The applicant shall develop and provide a directional signing program for the parking
structure which identifies the entrance location, hours of operation, validations and rates
subject to the approval of the Planning and Traffic Departments.
30. An evaluation of the striping in the parking structure shall be conducted by a professional
traffic engineer at the cost of the applicant. If additional parking can be provided in a
manner acceptable to the City Traffic Engineer, the revised striping plan shall be
implements prior to the issuance of a Certificate of Occupancy for the restaurant.
Submitted by:
PATRICIA L. TEMPLE
Planning Director
Prepared by:
MARC W. MYERS
Associate Planner
L
Attachments: Lido Village Parking Inventory Chart
Page 2
rlAr.,eOUM r-rmlvil I Att'LIGA I iUN (Please print all intormation)
Marvin Enqineering Co. dba Lido Marina Village (949) 675-8662
1. Applicant (Property Owner) Address
3400 Via 0oorto #104, Newport Beach, CA
----------
2. ProjectAddress (Street Address)
I elephone
6
Harbor Permit Number
3. New Construction _� Revision * * Maintenance _. Dredging _.
4. Fee 340 Check No.
Date
ed Work: Remove 3 Fingers; Re _E1
�nqers.
5. Brief Description of Propos
6. Submit 8 1/2,, x 11" Drawings (3). Include:
1). Location and dimension of proposed structure including piles and location of existing structures.
on adjacent properties.
2). Location of bulkhead, pierhead and project lines.
3). Location of property lines.
4). Location of channel markers within 200 feet.
if available.
5). Lot sizes and lot numbers, ath proposed . structure.
6). Existing ground profile bene
7). Elevat,in of top and bottom of bulkheads and piles with respect to M. L. L.W.
8). Area and profile of any proposed dredging with elevations showing depths with respect of M.L.L.W.
9). Any special conditions affecting the construction or affecting boating operations.
10).Complete all information required in information block, bottom of sheet. Note that the OWNER.
of the property is the applicant
I 1).Drawing size shall be 8 - 1/2" x 11
12).Scale shall be adequate to clearly show the above information.
13).Existing structures shall be shown in light dashes. New work shall be shown in heavy solid lines.
7. Owner -Builder Declaration must be completed (on reverse side of this.sheet)
8. Applicant's/Agent's Signature:
—0 Date:
Joint Permittee Signature (if app able):
9. Work can begin once the City has received evidence of the following additional approvalb and you have
been notified to proceed. ff you begin ptior to the notice you will be in violation of the Newport Beach
Municipal Code and subject to penalties.
10. Your permit will not be final until we have co . nducted an on site inspection once construction is
completed as per Municipal Code, Section 17.24, if we have not been contacted for a final inspecfion.
OFFICE USE ONLY
Date
Approval in Concept.
Date
Approval of the City of Newport Beach Council.
Date
Approval of the Army Corps of Engineers. .
Date
Approval of the California Coastal Commission.
Approval of the City's Public Works Department.
Date
Date L12 �_151
Approval of the City's Building Department.
Oate
Approval of County of Orange.
permit (Building Department)
Date
Electrical and/or plumbing
Date
issued. (Permit is stamped drawing)
Date
Site Inspection. (call 644-3043 for appointment)
Date
Site Re -inspection
Conditions:
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0 NER-BUILDER D E-CLARATION
I hereby affirm that I am exempt from the contractor's license law for the following reasons:
(Sec. 7031d.5, Business and professions Code). Any City or County which requires a permit to
construct, alter, improve, demolish, or repair ally structure, prior to its issuance., also requires
rn-dt to file a signed statement that he is licensed pursuant to the
the applicant for such pe tors License Law (Chapter 9, commencing with Section 7000, Of
provision Of the Contrac or that he is exempt therefrom and the basis
Division 3 of the Business and Professions Code) tion 7031.5 by any applicant for a permit
for the alleged exemption. Any violation of Sec than five hundred dollars ($500).
subjects the applicant to a civil penalty for not more ation,
I, as owner of the property, or my employees withwages as their sole compens
ork, and the structure is not intended or offered for sale (Sec. 7044, Business and
will do the w does not apply to an owner of property who
Professions Code: The Contractor's License Law ork himself or through his own employees,
roves thereon, and"who does such w er, the
builds or imp not intended or offered for sale. If,. hOwev
_.provided that such improvements are ar of completion, the owner -builder will have the
buildh�,-, or improvement is sold within one ye
burder, of proving that he did not build or improve for the purpose of sale).
am exclusively contracting with licensed contractors to
tx' I, as owner of the property,
Professions Code: The Contractor's License Law
construct the project (Sec. 7044, Business and - - n, and who contracts for
does not apply to an owner of property who builds or improves thereo ith a
such projects who builds or improves thereon, and who contracts for such projects w
Contractor(s) License pursuant to the Contractor's License Law).
I am exempt under Sec. of Business and Professional Code for this reason:
Date:
owner's Signature:
Contractor:
Address: State Board No. city License No.--------,
License class: ---
License Contractor's Declaration
ns of Chapter 9 (cc,"Mencing With Section
I here.1-y affirm that I am licensed under provisio nse is in full force and
7000) 'of Division 3 of the Business and Professions Code, and my lice
effect.
Date:
Contractor's Signature
--1/ -1(14 .
LIDO
MARINA
5T!:;,.V1LT-m(7wE
-M.Wo
ON THE WAT)OA FRONT IN NIWPI�IRT BEACH, CALkFn
.RV
, TA
MANAG-F-MENT/LEMING OMCE
�,4()Q WIA OPORTO, 5UITE 104 NEWPORT 3FACH, CA 92663-6302 - (714) 67,5-8662 - FAX; (714.) 673-8517
September 27, 1999
City ot Newport Reach
Marine Department
33DO Newport Zlvd.
Newport Beach, cA. 92658
Attention: Tony MOIQM
Deputy Chiev
Reference! Lido Marina Village
Dock Inspection
Dear Tonyt
6; 113
FAX Mail only �&" 3056
First, the boat show this past week end was a hugh qx,=eso, Don't have
to 10 U again until April 2000.
second, the maintenance department will start on the repairs as outlined,
In your letter to Lido of Pugwst �6, 1999. It appears we havo to
replace approximately 30 float2, and they have been ordered and will be
delivered in groups of 10,s. This should be complated by December.
The rest of the repairs is relatively easy and will be completed within
60 days.
I will giV*,jvzr, progress reports every 30 days starting October 1,
i9991 -.r 11
if 6u have a questions, pleaze call me anytime,
SAcerely, 7
Vqj�na Larson
Proj5erty Manager
. L MDO
MARINA
VILIUME
===u
ON THEWAVRR FRONT �!NNE%IPC)RTTjl?ACH.CAIIFOPN'IA
M&NAGERENT/LEASING OFFICE
3400 VIA OPQPTo, SUITE 10+ NEWPORT BEACH, CA 92663-6302 - (714) 675-8662 , FAX: (714) 673-$517
5epterrber 18, i-998
Tony Me-lilum FAX Mail Cnly
Tidelands Administrator 644 3056
City of Newport Beach
Po Box 1768
Newport Beach, CA. 92658
Reference: Lido Marina Villagre
Ma r in a
Dear Mr. Melum:
Certain is�5ued have been raised recently with the City
concerning Lido Marina Village a.,r.d its marina,
I believe there are severa7L points should be clarified.
QKaP.TER C_QI-TANY' 3
The charter company's who �)perate from Lido also rent
office space here,
The ICON, has installed a new KECO vessel pump out for
their use, which takes the load off the public pump
out. They have offered to share the pump out with
their neighbors,
The Electra has also shown interest in installing their
own -pump out and it is my understanding they have been
in contact with the City reqarding this.
The charter company's promote Lido marina V--ilage, they
bring people who otherwise would not know what we are
and what we have to offer. They use the restaurants
here to cater events.
Parking - has never been a problem and the way we
coordinate with the City it works jiist fine. Most of
the charter company's have off s4-te parking anyway.
To attack the charter company's and say they bring
nothing to the Village i5 not true.
LIVE ABOARD
To my knowledge there are no live aboards at Lido. We
do not have the facilitie5 to accommodate them ie
showers, laundry areas etc.
Lido's maintenance crew repc--ir/maintains the docks. They
replace broken boards, facia, floats etc, Lido has 1.ipgradecl
the fire sprinkler system and recently installed a fire
sprinkler system on the wood docks (which never had the
system), the electrical in being tipgraded to accommodate the
new appliances (microwave, VCR, air conditioning and so on)
for the boat owners. We do not neglect Or allow the docks
to become in a hazard
Over the lasti several years Wes Armand of the Marinp
Department has worked with me, He notify's me when a
complaint has been made about the public pump out or when
there may be a potential problem. Recently he told me of a
new pump out machine the Balboa Say Club had installed. They
gave me the name of the company and the local
representative. I have an appointment to speak with then
next week.
It distresses me whej people make remarks and haven't taken
the time to research what they are talkinq about and to
state Lido does not cooperate with the II-ity of Newport Beach
is ludicrous.
Lido Marina Village is a very spec -Lal place and I would be
nappy to m with you or anyone to discuss this.
LIDO RINA ILLA(�E
Donna Larson
Property Manager
Cc: J. rriedman(/Y�11?-;
File
October 1().. 1"8
1W. Ton7 M-4um
Deputy agai. of, Mh"'
3300xewport':'lRVC1. D-P-Irtment
Ne`wP01-t Beacb, CA 92663
RE:
ParkiV spacesfor the jr
can and Mop Charter
'S
Demir Nk. Melum
low Nom Goodin the use of Our Parking lots after
Baft&ga Inc. h" agreed to al
6:00 p.va., seven days per week. There is one Parking sPace in our lot for =other
boat 33attagha Inc. h" no other agreenlents with any other companies tO utilize
Our parki1w lots,
Best regairds,
/-Z L-�-D I 1 .0
Richard J, Battagha
chief Executix;e of&e,
ficer
'aly
- IAVP"-155
N 3M6 VIA UIDO
ZWMKr B&AM' CAUFOLWA 92663
"r"'"00 - PAX 949/7234910
bkSb'm4�jWm'0m
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dw-PI&JI wv-F". Cl KIWO
mvivaeNrl A;,W1 11 1 if
3400 Via Oporto #104
Newport Beach, CA. 92663
Phone number-, 714 675/8662
Fax number; 714-673 9517
DATE: Sept. 28, 1998 rAx: 673 3056
TO: Tony Hallam
city of Newport Beach
Marine Department
FROM: Donna Larson
Lido Marina Village
KLUAK-9-EK
Attached is a copy of the "use" clause from the Olen Lease
and Lido Investment.
if i can be of any ser
-A�
on me
USE OF PROPERTY
s and assigns$ may -use the Property
LESSEE,,.its Succ . essor
provided no
Ffor the operation Of a p�eiasure boat marina,
commercial boats are permitted to be berthed or operated fXOM
the marina. LUSSZE May ma%e any improvements or alterations
vided they comply with the tlarbo)� Permit
on the Property pro
policies of the'CitY of Newport Reach. . LESSEE shall . post
and enforce rules requiiing that all users maintain their
boats in good, attractive, clean condition and prohibiting
r1stances.
y of boats except in emergency circ.umstances
overnight Occupan . c
-2-
vo'm u4" PROPERTY
Section G.ol. The Property may, durl . ng the term of this
Lease, be Used by LESSSE for any lawful Purpose not Otherwise
002RDS/j.
in�Onsistent with the terms of this Lease.-
USSEE is expres-tv
a-thad 7e—d to U -no rtv fnr +-N�
,boat =at -in= provided no commercial boats are
_jpermitted tole
berthed or Operated from the Property. For purposes of this
Lease,, sailing ciuhm m"A_ chartered..Pleasure boats which are not
used for fishing are e-xO ot from this --"Commercial Boat"
exclusion. LESSEE may make any improvements or alterations on
the Property provided they comply with the Harbor Permit
Policies of the City Of Newport Beach. IxSSEE shall Post and
enforce rules requiring that all users maintain their boats in
good, attractive, c1jean condition and prohibiting overnight
Occupancy of boats except in emergency circumstances.
section 6.02. In addition to the uses set forth in Section
6.01, LESSZE agrees to commercially operate the piers an'd floats
in conformance.w'th thO City Of NOWport Beach Harbor Permit
Policies during the term Of the Lease unless prevented from
continuing operations by an act of & Governmental entity.
uuuj
IZA
iNi
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tA
uuuj
IZA
iNi
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..� �..--t,I
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QICH4�QD H. BEQGEQ i f
17�
A LAW CORPORATION
16311 VE:N7URA BOULEVARD, SUITE 1050 TELEPHONES:
Encino, CqL1f:oQni4i 91436-2183 (818) 906-1416
-98 3 A 9 :53 3 -13) 872-2�94
September 1, 1998
Mayor and Members of City Council
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
TELECOPIE: :
8 1 6) 906-7265
I., - 1 1 - CLERK
OFF 0 F C Y
C;
BEACH
Date
Copies Sent To*
Mayor
"ElCouncil Member
e, Manager
Re: Lido Marina Village/Zotovich Letter U Auorney
0
Dear Mayor and Members of the City Council: 0 -----------
-----------
First, I wish to advise you that I represent Marvin ngineer-
Inc. inu�-
ina Co. the owner of Lido Marina Villacre. I hav& c -t -H=
I I
ously represented Marvin Engineering since 1965. Marvin Engineer-
ing acquired Lido Marina Village in early 1990 and I have served as
attorney for Lido Marina Village from that date to the present
time.
Gerald M. Friedman, Executive Vice -President of Marvin Engi-
neering, provided me with a copy of a letter dated July 28, 1998
signed by Stephen M. Zotovich who is an owner and managing partner
of Lido Investment Co. To say the least, Marvin Engineering is
offended by Mr. Zotovich's letter to you and, in particular, para-
graph 2 of that letter which contains numerous inaccuracies and
untruths concerning Marvin Engineering and Lido Marina Village.
Marvin Engineering responds to the erroneous allegations contained
in Mr. Zotovich's letter as follows:
1. There are no live aboards at Lido Marina Village.
2. There are no people living in the of f ice buildings at Lido
Marina Village.
3. They have not permitted more boats to anchor at the slips
than the harbor permit allows and they have not received any
complaints from the Newport Beach Marine Department.
4. They have provided all required parking pursuant to the
requirements of the City of Newport Beach and all use permits.
5. They have no idea what Mr. Zotovich is talking about when
he alleges that "they have not coordinated their tenants request
for permitting from the City". Lido cooperates fully with its
tenants and the City of Newport Beach and knows of no instances to
the contrary.
6. Lido cooperates fully with the City of Newport Beach and
is unaware of any City policy requirements which they have ignored
or not abided by.
Mayor and Members of City Council
City of Newport Beach
September 1, 1998
Page Two
My client does not know what credence, if any, that you have
or may give to the unfair and unsubstantiated comments contained in
Mr. Zotovich's letter. However, I would like to point out to you
that Marvin Engineering has a favorable long term lease with Mr.
Zotovich's company, Lido Investment Co., which gives Marvin Engi-
neering exclusive use and possession of the waterfront of the
property owned by Mr. Zotovich' s company. This long term lease was
negotiated and entered into many years before either Marvin Engi-
neering acquired Lido Marina Village or Lido Investment Co. acquir-
ed its property. It is obvious that Mr. Zotovich would like to be
able to terminate that lease for his own self-interest and the
advancement of the business of his company. As a further example
of Mr. Zotovich's over zealous efforts to attempt to terminate the
lease I refer you to an unlawful detainer lawsuit filed by Lido
Investment Co., LLC, against Lido Marina Village on October 10,
1997 in the Orange County Superior Court in Case No. 97 HC 5216.
In that lawsuit Lido Investment Co. was attempting to evict Lido
Marina Village and terminate the long term lease based on erroneous
allegations. The lawsuit was so lacking in merit that it was dis-
missed shortly after my client filed its Answer to the lawsuit.
Mr. Zotovich's letter to you and the unmeritorious unlawful detain-
er lawsuit which he filed against my client clearly illustrate his
real motives in this matter.
Mr. Friedman strongly resents the false accusations made about
his company in Mr. Zotovich's letter. He is eager and quite will-
ing to appear before your council at any time should you feel the
need for his personal assurances and any explanations that you may
want concerning any of the subject matter raised in Mr. Zotovich's
letter. I am also available to meet with you upon reasonable
notice to discuss this matter further if you �eel that will be of
assistance to the City Council.
My client and I trust that the Members of the City Council
will view the remarks and tenor of Mr. Zotovich's letter in light
of his personal interest and bias.
Very truly yours,
H.
RHB: mm
CC: Gerald M. Friedman
NEWPORT BEACH FIRE AND MARINE DEPARTMENT
f", <- . 4/
,d /;-V-- 0 141,
August 27,1998'
Donna Larson
Lido Marina Village Management
3421 Via Oporto
Newport Beach, Ca 92663
Re: Marina Liveaboards
Dear Donna:
This letter is a summary of our recent on-site meeting regarding tenants
living aboard vessels in Lido Marina Village. The threshold for nights
aboard a vessel before the individual is considered living aboard, is 72
hours or three nights a week, on an ongoing basis. There is a condition
in the Lido Village Harbor Permit that forbids liveaboards. Permitting
liveaboards in the marina is a violation of Lido Marina's Harbor Permit.
This City of Newport Beach Fire and Marine Department has received
complaints that there are liveaboards in Lido Marine Village.
Please take all the necessary steps to identify who these liveaboards are
and do whatever is needed to have them cease staying aboard their
vessels over night.
Your cooperation in this matter will be appreciated.
Sincerely,
Wes Armand
Fire and Marine Department
Marine Environmental Management
P 6
d 16�
>
� �01 -1, �-, 0 !V1 11�1 7 �-
Mr. Igor M. Olenicoff, President
Olen Commercial Realty Corp.
7 Corporate Plaza
Newport Beach, CA 92660
Dear Mr. Olenicoff:
CITY OF NEWPORT BEACH
August 19, 1998,
On August 5th you forwarded a letter to the City Council regarding the conditions
of the marina facilities in the Lido Marina Village area. Recently I received a
similar letter from an adjoining property owner as well and forwarded the
attached response, which I believe you will find will address the issues cited in
your letter.
It is the City staff's intention to conduct an inspection of all harbor permits for
compliance with the original conditions of their issuance. Once violations of the
conditions are identified, the City can systematically and consistently follow up
with enforcement without accusation of unfairly treating one party or another.
The actual inspection process in now under discussion at a staff level as to how
most quickly and thoroughly undertake this effort. If you would like to stay
abreast of this issue as it proceeds, I would encourage you to contact Tony
Melurn of the Fire and Marine Department at 644-3041.
Sincerely,
K e *nJ.
City Manager
-Cc: Mayor and City Council
City Attorney
Assistant City Manager
Fire and Marine Chief
Deputy Fire and Marine Chief
City Hall e 3300 Newport Boulevard 9 Newport Beach, California 92663-3884
(949) 644-3000
August 6, 1998
Mr. Stephen M. Zotovich
Stephen M. Zotovich & Associates
840 Newport Center Drive, Suite 420
Newport Beach, CA 92660
Dear Mr. Zotovich:
Recently I received a copy of your letter to the City Council regarding the Lido Marina
Village issues and your concerns with the harbor permit issued in 1973 to the owner of
the uplands property which adjoins your property. Please be assured that City staff is
aware of the issues relative to the harbor permit and is preparing a plan to
comprehensively look at this and other commercial harbor permits to determine
compliance. This action will take place independent of other actions related to Lido
Marina Village and on a timetable anticipated to be much shorter.
After this review, we will be following up with owners found to be out of compliance with
their harbor permits. It is in the interest of all parties to comply with the terms of their
permit. It has been a considerable period of time since the City has reviewed, in a
comprehensive way, the status of the various harbor permits.
It is my understanding that the properties which you represent entered into a lease many
years ago which allows the owners of the Lido Marina Village uplands area to utilize the
water area in front of the residential properties which you control. It is also my
understanding that this lease expires in 2023. I'm not sure how any actions the City may
take on the harbor permit would affect any of the rights or obligations you may have
under the lease, but you may wish to discuss this with your private legal counsel.
Sincerely,
Kevin J. Murphy
City Manager
cc: Mayor and City Council
City Attorney
Assistant City Manager
Fire and Marine Chief
OqLP-N,
August 5, 1998
Mayor and Members of City Council
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Re: Lido Marina Village
Dear Mayor & Members of the City Council:
RECEIVED
'98 AUG 11 A10 :28
OFFICE7
,;,2F
,JHE CITY CLERK
C;TY �;,' :-:-yi'P0-RT BEACH
Date gI Oc�v
Copies Sent To:
Mayor
'1051,
1�9�uncff Member
.3.r ager
0 Attorney
n
C1
Olen Commercial Realty is the owner of the property located at
3366 Via Lido. We have owned the property for some fifteen years,
since we purchased it from Imperial Savings & Loan.
Prior to our acquisition of the property, along with the marina on
the harbor frontage, Imperial Savings had leased the marina portion of the
property to Don Koll. The Koll Company subsequently resold the
property and it has since sold several times. The current owner is Marvin
Engineering who has an intent of selling the property to Mr. Ratkovich
and his associates (Lehman Bros.) who are promising some great
redevelopment of the area.
The fact of the matter is, as it now stands, Marvin Engineering has
allowed the marina and surrounding area to become a virtual slum. We
have had to file litigation against Marvin Engineering, on more than one
occasion,, to enforce our lease agreement with them, namely that "the
marina shall be kept in a first class condition." The marina has
deteriorated to the point where the concrete pilings are exposing rusted
reinforcement steel, the wood docks are covered over with plywood and
numerous code violations exist at the docks. We have complained about
these conditions to the City building officials. However, the response has
7 Corporate Plaza * Newport Beach, CA 92660
(71 4) 644-OLEN - Fax (714) 719-7200
been less than what we had hoped for, once the City inspectors viewed
the condition of the docks.
Some of the major violations in the marina are that the restrooms
which were required by the original harbor permit, and C.U.P. were
located in the apartment building to the east of our parking lot. They
were subsequently closed and the area converted to an apartment. The
harbor permit clearly requires that public restrooms be available within
a designated radius of the farthest slip, which is not presently the case.
We have had guests of and permanent residents of the marina using our
parking lot for a restroom. When we fenced off our parking lot, they
complained and the City enforced an easement for access through our
property to Via Lido. However, no one seems to want to enforce the
building and harbor permit requirement to which the marina is subject.
We strenuously oppose any modification of the current zoning or
use, until such time as Marvin Engineering is made to comply with the
current zoning in place and the harbor permit. The marina as it now
exists is more than an eye sore. It is in violation of the Building and
Safety regulations which will invariably lead to a serious accident. The
potential liability to us as a property owner and thereafter to the City for
allowing this condition to continue existing, is too great to allow us not
to put the City of Newport Beach on notice of this potential liability.
I would ask that Marvin Engineering be given a reasonable amount
of time to bring the marina, and all the conditions of the harbor permit
and the conditional use permit of the City to compliance, and if it is not
brought into compliance then the harbor permit and the conditional use
should be terminated. I can assure you that we would welcome the
opportunity to renew the marina and install some first class slips in front
of our property that will be properly maintained. We have even offered
to upgrade the slips in front of our property, but Marvin Engineering
rejected our proposal. The marina's highest and best use, for our portion
of the marina, would be the installation of ten (10) large slips for vessels
in excess of 125'. This would bring world class yachts into the marina as
PO
CITY OF NEWPORT BEACH
(949) 644-3000
August 6, 1998
Mr. Stephen M. Zotovich
Stephen M. Zotovich & Associates
840 Newport Center Drive, Suite 420
Newport Beach, CA 92660
Dear Mr. Zotovich:
Recently I received a copy of your letter to the City Council regarding the Lido Marina
Village issues and your concerns with the harbor permit issued in 1973 to the owner of
the uplands property which adjoins your property. Please be assured that City staff is
aware of the issues relative to the harbor permit and is preparing a plan to
comprehensively look at this and other commercial harbor permits to determine
compliance. This action will take place independent of other actions related to Lido
Marina Village and on a timetable anticipated to be much shorter.
After this review, we will be following up with owners found to be out of compliance with
their harbor permits. It is in the interest of all parties to comply with the terms of their
permit. It has been a considerable period of time since the City has reviewed, in a
comprehensive way, the status of the various harbor permits.
It is my understanding that the properties which you represent entered into a lease many
years ago which allows the owners of the Lido Marina Village uplands area to utilize the
water area in front of the residential properties which you control. It is also my
understanding that this lease expires in 2023. I'm not sure how any actions the City may
take on the harbor permit would affect any of the rights or obligations you may have
under the lease, but you may wish to discuss this with your private legal counsel.
Sincerely,
KervVi� AJ.M rph
City Manager
cc: Mayor and City Council
City Attorney
Assistant City Manager
Fire and Marine Chief
City Hall e 3300 Newport Boulevard 9 Newport Beach, Califomia 92663-3884
well as provide an attraction to visitors which would help revitalize the
entire Lido Marina Village.
Your consideration of this request is appreciated.
Sincerely yours,
OLEN COMMERCIAL REALTY CORP.
&4
Igor Olenicoffff
President
IMO:ct
Stephen M. Zotovich
& Associates
Date
July 28, 1998 Copies Sent To:
,0"Mayor
19- U-uncil Member
0-1&nager
Mayor and Members of City Council 0 Attorney
CITY OF NEWPORT BEACH 0
3 3 00 Newport Boulevard 0
Newport Beach, California 92663 0
0
Dear Mayor & Members of City Council:
R E 1L., " ,
"' I V E D
-98 JUL 2 8 P 4 5 7
9 FF I C E CF- r !jI E i�: --� �,( C L F_ R K
C; -, y 0 R T B;_7 A C H
Lido Marina Village has been the subject of several discussions by the City Council in the past
few months. In general, the property is in disrepair and in desperate need of revitalization. We
believe it will require City leadership and public support to correct the many problems at Lido
Marina Village.
During the recent Council hearings, Mr. Ratkovich and his Associates stated that the current
owner, Marvin Engineering has no incentive to do anything accept to maintain the status quo.
Not only has Marvin Engineering intentionally let Lido Marina Village deteriorate but has
allowed the following conditions to exist: 1) they have not enforced a) live -aboard situations at
the marina which is a violation of their harbor permit and b) people living in the office buildings
and 2) we understand that a) they have allowed more boats to anchor at the slips than the harbor
permit allows; b) they have not provided required parking either for the tidelands or the uplands
(and more than one City official has brought this to the City staff s attention over the years); c)
they have not coordinated their tenants requests for permitting from the City; and, d) they have
continually ignored City policy requirements.
The City however, has the right to move forward to see that the revitalization of Lido Marina
Village can proceed in a fairly rapid manner.
Therefore, we request that the City undertake a complete review of Lido Marina Village's
existing harbor permit. If the terms of the harbor permit are not being followed, the City should
consider revoking the permit and reissuing perrnits to the upland property owners to encourage
those property owners to redevelop their properties.
Lido Investment Co., which owns 3336 Via Lido, has already requested and received from the
City Council, redevelopment approval of our property into four single family properties. Having
the tidelands permits issued to us would enhance the revitalization of the west part of the Lido
Marina area. In addition, I am sure that other property owners, who want to present project
redevelopment proposals that the City Council can approve, would be delighted to have their
harbor permits issued to them as well.
840 Newport Center Drive, Suite 420, Newport Beach, California 92660
(949) 719-6363 9 Fax (949) 719-6366
Mayor and Members of City Council
July 28, 1998
Page Two
I respectfully request the City Council use its powers to make positive changes begin now rather
than wait for another developer to come forward or worst yet, to continue to do nothing and have
the area and its surrounding citizens suffer the consequences.
Sincerely,
Stephen M. Zotovic
Managing Member
Lido Investment Co., LLC
3336 Via Lido
Newport Beach
eoPO
0
August 6, 1998
Mr. Stephen M. Zotovich
Stephen M. Zotovich & Associates
840 Newport Center Drive, Suite 420
Newport Beach, CA 92660
Dear Mr. Zotovich:
CITY OF NEWPORT BEACH
(949) 644-3000
Recently I received a copy of your letter to the City Council regarding the Lido Marina
Village issues and your concerns with the harbor permit issued in 1973 to the owner of
the uplands property which adjoins your property. Please be assured that City staff is
aware of the issues relative to the harbor permit and is preparing a plan to
comprehensively look at this and other commercial harbor permits to determine
compliance. This action will take place independent of other actions related to Lido
Marina Village and on a timetable anticipated to be much shorter.
After this review, we will be following up with owners found to be out of compliance with
their harbor permits. It is in the interest of all parties to comply with the terms of their
permit. It has been a considerable period of time since the City has reviewed, in a
comprehensive way, the status of the various harbor permits.
It is my understanding that the properties which you represent entered into a lease many
years ago which allows the owners of the Lido Marina Village uplands area to utilize the
water area in front of the residential properties which you control. It is also my
understanding that this lease expires in 2023. I'm not sure how any actions the City may
take on the harbor permit would affect any of the rights or obligations you may have
under the lease, but you may wish to discuss this with your private legal counsel.
Sincerely,
Kevi J. M rph
City Manager
cc: Mayor and City Council
City Attorney
Assistant City Manager
Fire and Marine Chief
City Hall 9 3300 Newport Boulevard 9 Nevrport Beach, California 92663-3884
Stephen M. Zotovich
& Associates
Date
July 28, 1998 Copies Sent To:
,EYMayor
uncif Member
Mayor and Members of City Council anager
CITY OF NEWPORT BEACH 0 Attorney
3300 Newport Boulevard 0
Newport Beach, California 92663 0
Dear Mayor & Members of City Council:
?P" E k"J' 2- 1 V E_ 1)
-98 itL 28 P 4 57
F F 10 E 0-F C C L F_ R K
_; URT BE-ACH
C;ry
Lido Marina Village has been the subject of several discussions by the City Council in the past
few months. In general, the property is in disrepair and in desperate need of revitalization. We
believe it will require City leadership and public support to correct the many problems at Lido
Marina Village.
During the recent Council hearings, Mr. Ratkovich and his Associates stated that the current
owner, Marvin Engineering has no incentive to do anything accept to mai ' ntain the status quo.
Not only has Marvin Engineering intentionally let Lido Marina Village deteriorate but has
allowed the following conditions to exist: 1) they have not enforced a) live -aboard situations at
the marina which is a violation of their harbor permit and b) people living in the office buildings
and 2) we understand that a) they have allowed more boats to anchor at the slips than the harbor
permit allows; b) they have not provided required parking either for the tidelands or the uplands
(and more than one City official has brought this to the City staffs attention over the years); c)
they have not coordinated their tenants requests for permitting from the City; and, d) they have
continually ignored City policy requirements.
The City however, has the right to move forward to see that the revitalization of Lido Marina
Village can proceed in a fairly rapid manner.
Therefore, we request that the City undertake a complete review of Lido Marina Village's
existing harbor permit. If the terms of the harbor permit are not being followed, the City should
consider revoking the permit and reissuing permits to the upland property owners to encourage
those property owners to redevelop their properties.
Lido Investment Co., which owns 3336 Via Lido, has already requested and received from the
City Council, redevelopment approval of our property into four single family properties. Having
the tidelands permits issued to us would enhance the revitalization of the west part of the Lido
Marina area. In addition, I am sure that other property owners, who want to present project
redevelopment proposals that the City Council can approve, would be delighted to have their
harbor permits issued to them as well.
840 Newport Center Drive, Suite 420, Newport Beach, California 92660
(949) 719-6363 9 Fax (949) 719-6366
Mayor and Members Of City Council
July 28, 1998
Page Two
I respectfully request the City Council use its powers to make Positive changes begin now rather
than wait for another developer to come fOrIvard or worst yet, to continue to do nothing and have
the area and its -surrounding citizens suffer the consequences.
Sincerely,
Stephen M. Zotovic
Managing Member
Lido Investment Co., LLC
3336 Via Lido
Newport Beach
Date of Value:
June 1,1998
Date of Report:
June 3, 1998
APPRAISAL REPORT
Appraisal of
Fair Market Rental Value
Tidelands
Lido Marina Village
Newport Beach, California
Submitted To:
Mr. James Ratkovich
1224 East Green Street
Pasadena, California 91106
Submitted By:
Richard A. Fuller, MAI
Fuller & Hansen
430 32nd Street, Suite 200
Newport Beach, California 92663
RICHARD A. FULLER, MAI
MEMBER. APPRAISAL INSTITUTE
Mr. James Ratkovich
1224 East Green Street
Pasadena, California 91106
Dear Mr. Ratkovich:
REAL ESTATE APPRAISAL OFFICES OF
FULLER@ HANSEN
430 32-- STREET. SUITE 200
NEWPORT BEACH, CA 92663-3801
TELEPHONE (714) 675-7600
FACSIMILE: (714) 675-5787
June 3, 1998
WILLIAM R. HANSEN, MAI
MEMBER, APPRA15AL INSTITUTE
RE: Appraisal of the Fair Market Rental Value of
the tidelands within the Lido Marina Village
Newport Beach, California
In accordance with my proposal dated May 29, 1998, and your authorization on May 29,
1998, 1 have made an examination of the above -referenced property for the purpose of
estimating the fair market rental value, of the tidelands within the Lido Marina Village. as of
June 1, 1998.
As a result of this investigation and an analysis of matters pertinent to the property's
value, I have concluded that the fair market rental value, thereof, as of said date, was as
follows:
FAIR MARKET RENTAL VALUE - TIDELANDS
Base Rent: $14/1-f. sliplyear
Percentage Rent: 9%
APPRAISAL
In conformance with Standard 1 of the Uniform Standards of Professional Appraisal Practice
(USPAP), this appraisal is defined as a limited appraisal wherein the act or process of estimating
value or an estimate of value is performed under and resulting from invoking the departure
provision.
REPORT FORM
in conformance with Standard 2 of the Uniform Standards of Professional Appraisal Practice
(USPAP), this report is defined as a restricted report which limits the level of detail of presentation
and includes a use restriction that limits the reliance on the report to the client and considers
anyone else using the report, as an unintended user.
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REAL ESTATE IDENTIFICATION
For identification purposes the subject property is identified as the tidelands within Lido Marina
Village in the City of Newport Beach, County of Orange, State of California. These tidelands are
further identified as Parcels 1, 2 and 3 of that legal description title "boat slips at Via Lido Marina"
prepared by the Mollenhauer Group and dated May 1, 1998.
Fair Market Rental Value
REAL PROPERTY INTEREST
PURPOSE AND INTENDED USE
The purpose of this appraisal is to express an opinion of the fair market rental value of the
tidelands only. It is the understanding of the appraiser that the intended use of this appraisal is
for the establishment of the base rent of the submerged tidelands, subject to a proposed 50 year
lease.
DEFINITIONS
Fair Market Rental Value:
The most probable rental which a property should bring in a competitive and open market
under all conditions requisite to a fair rental, the lessor and lessee each acting prudently
and knowledgeably, and assuming the rental is not affected by undue stimulus. Implicit in
this definition is the consummation of a rental as of a specified date under conditions
whereby:
1 . Lessor and lessee are typically motivated;
2. Both parties are well informed or well advised, and acting in what they consider their
best interests;
3. A reasonable time is allowed for exposure in the open market;
4. Payment is made in terms of cash in United States dollars or.in terms of financial
arrangements comparable thereto; and
5. The rental represents the normal consideration for the property leased, unaffected
by special rental concessions granted by anyone associated with the sale.
EFFECTIVE APPRAISAL DATE
The effective appraisal date is June 1, 1998.
REPORT DATE
The date of report is June 3, 1998.
2
COLLECTION, CONFIRMATION, AND REPORTING OF DATA
This report was prepared under USPAP provisions for a limited appraisal and a restricted report,
the scope of this assignment has been limited to a physical inspection of the subject property;
limited market data study of the comparable market data; limited analysis of the physical
characteristics of the subject property, comparison of the market data to the subject property; and
the formulation of an opinion as to the fair market rental value, of the subject property.
LIMITING CONDITIONS
This appraisal has been based on the following limiting conditions:
1 That I assume no responsibility for matters legal in character, nor do I render any
opinion as to the title which is assumed to be good. All existing liens, and
encumbrances, securing payment of money, have been disregarded, and the
property is appraised as though free and clear under responsible ownership and
competent management.
2) That information obtained for use in this appraisal is believed to be true and correct
to the best of my ability. However, no responsibility is assumed for errors or
omissions, or for information not disclosed which might otherwise affect the valuation
estimate.
3) That disclosure of the contents of this appraisal report is governed by the Code of
Professional Ethics and the Standards of Professional Practice of the Appraisal
Institute and the Uniform Standards of Professional Appraisal Practice (USPAP).
4) That neither all, nor any part, of the contents of this report (especially any
conclusions as to value, the identity of the appraiser, or the firm with which he is
connected, or any reference to the Appraisal Institute, or the MAI designation) shall
be disseminated to the public through advertising media, public relations, news
media, sales media, or any other public means of communication without prior
written consent and approval of the undersigned.
5) That this valuation estimate is of the tidelands only, and the valuation of mineral
rights, if any, has been disregarded.
6) That no warranty is made as to the seismic stability of the subject property.
7) That the appraiser, by reason of this appraisal, is not required to give testimony, or
attendance in court with reference to the property appraised, unless arrangements
have been previously made thereof.
8) That the submission of this report constitutes completion of the services authorized.
It is submitted upon the condition that the client will provide the appraiser customary
compensation relating to any subsequent required depositions, conferences,
additional preparation, review, travel or testimony.
K,
9) That, by specific instructions of the client, this report was not prepared for litigation
purposes. If this matter is adjudicated in any manner, the appraiser reserves the
right to prepare a comprehensive narrative report, at an additional cost, and to
further verify the data upon which this estimate of value is based.
10) That as no current title report was available for review, it is assumed that there are
no easements or conditions of title that would effect the use of the subject property
in accordance with its highest and best use.
11) That maps and exhibits set out in this report are for illustration purposes only and
are to assist the reader in visualizing the property. No survey of the property has
been made and no liability is assumed in connection with such matters.
12) That unless otherwise stated in this report, the existence of hazardous substances,
including without limitation asbestos, urea formaldehyde, foam insulation,
polychlorinated biphenyls, petroleum leakage, or agricultural chemicals, which may
or may not be present on the property, or other environmental conditions, were not
called to the attention of nor did the appraiser become aware of such during the
appraiser's inspection. The value estimated is predicated on the assumption that
there is no such condition on or in the property or in such proximity thereto that it
would cause a loss in value. No responsibility is assumed for any such conditions,
nor for any expertise or engineering knowledge required to discover them.
13) That no valuation has been made of docks, piers, slips or other personal property,
which existed within the subject property, as of the date of value.
14) That all income, expenses, maps, legal descriptions and physical data provided by
the client and the City of Newport Beach are assumed to be correct.
15) That the fair market rental estimate is predicated upon the terms and conditions of
an unexecuted 50 year lease, which provides for a percentage rent which exceeds
the base rent.
16) That, as requested by the client, and defined by USPAP, this is a limited appraisal,
wherein the departure provision has been invoked and the conclusions have been
presented in a restricted appraisal format.
APPRAISAL PROCEDURE
A limited study was made, as to recent leases of tidelands only, in Newport Harbor. Units of
comparison were employed which indicate a base rent and percentage rent for the tidelands within
the Lido Marina Village.
Of significance was the Bahia Corinthian Yacht Club tidelands lease which was executed in 1998
and indicated a tidelands rental of $29,256.51/year or $14.07 I.f./year for 2,079 I.f. of slip area.
This compares with the tidelands rentals for 35-55 I.f. slips within the following marinas: Bayside
4
Marina - $16.50 I.f.; Villa Cove Marina - $16.50 I.f.; Balboa Yacht Basin - $14.50 I.f.; Balboa
Marina - $16.50 to $18.00 I.f.; and Bayshores Marina - $17.50 I.f.
An examination of the Lido Marina Village operating statements indicated a gross slip rental of
$156 I.f./year. Applying this gross slip rental to the estimated tidelands rental of $14.00 I.f./year
indicates a percentage rental of 9% ($14 I.f./$156 U.)
VALUE CONCLUSION
Base Rent: $14/l.f. slip/year
Percentage Rent: 9%
SUPPORTING FILE
A supporting file has been prepared which includes all market data, factual data, reasoning,
computations, descriptions, analyses, and discussions, from which, in part, the valuation
conclusion was derived.
Existing marina use.
HIGHEST AND BEST USE
VALUATION APPROACHES
The Market Data Approach was given primary consideration, with respect to the comparison of
the fair market rental value of the Lido Marina Village tidelands, with other tidelands rentals in
the Newport Harbor area. The Cost Approach and Income Capitalization Approach were not
utilized.
USE RESTRICTION
As requested by the client, this appraisal is a limited appraisal as defined by USPAP in that
the following departure provisions were invoked:
1. No consideration was given to the highest and best use of the uplands. The
existing marina use is considered to be the highest and best use of the tidelands.
2. No independent verification was made with respect to the physical characteristics
of the subject property and the market data.
3. No examination was made of an executed lease for the tidelands within the
subject property. A review was made of the proposed lease terms which include
provisions for a 50 year term, base rent, and percentage rent.
4. No examination was made of historical slip rental income for the subject property..
Reliance was placed solely on the client's reported current operating income.
-n
5. No consideration was given to the rental value of the slips and docks within the
Lido Marina Village tidelands.
6. No attempt was made to research every recent tidelands rental data which may
exist within Newport Harbor and other harbors adjacent to the California coast.
Reliance was based solely on selected market data within Newport Harbor.
Report. Form:
As requested by the client, this appraisal report is a restricted appraisal report as defined by
USPAP which limits the reliance on the report to the client and considers anyone else using
the report as an unintended user. All market data, factual data, reasoning, computations,
descriptions, analyses, and discussions, from which, in part, the valuation conclusion was
derived, will be retained in my file.
CR pe tfully submitted,
AFRUchardfu'. LFuller, MAI
Certified General Real Estate Appraiser
License Number AGO03210
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View northwesterly showing the southeast portion of the Lido Marina Village.
Photo taken June 2, 1998.
View southeasterly showing the southeast portion of the Lido Marina Village.
Photo taken June 2, 1998.
MOLLENHAUER GROUP
CIVIL ENGINEERING, SURVEYING+ MAPPING, LAND DEVELOPMENT
411 West Fifth Street, Fourth Floor, Los Angeles, California 90013
Phone (213) 624-2661 - Fax (213) 614-1863
May 1, 1998
BOAT SLIPS AT VIA LIDO MARINA
PARCEI-1:
That portion of Newport Bay Harbor as shown on Map of the Department of the Army, File No.
972-3 dated December 26, 1950 in the City of Newport Beach, County of Orange, State of
California, described as follows:
Beginning at the northwest corner of that certain Parcel Map filed in Book 63, page 11 of Parcel
Maps, in the office of the County Recorder of said County, said point also being Station No. 125 as
shown on said Department of Army Map; thence along the northerly prolongation of the westerly
line of said Parcel Map, North 24012'37" East 42.77 feet; thence South 81023'59" East 82.21
feet, to a point in a line that is parallel with and distant 100.00 feet easterly measured at right
angles to the Bulkhead line as shown on said Department of Army Map; thence along said parallel
line South 27029'51 " East 719.99 feet to the intersection with the easterly prolongation of the
southerly line of Parcel 1, of that certain Parcel Map filed in Book 60, page 43 of Parcel Maps,
records of said County; thence along said easterly prolongation, South 62'30'09" West 100.00
feet to a point on said Bulkhead line; thence along said Bulkhead line North 27029'51 " West
741-93 feet to the point of beginning.
PARCEL 2:
That portion of Newport Bay Harbor as shown on Map of the Department of the Army, File No.
972-3 dated December 26, 1950 in the City of Newport Beach, County of Orange, State of
California, described as follows:
Beginning at the northeast corner of Parcel 2, of that certain Parcel Map filed in Book 60, page 43
of Parcel Maps, records of said County, thence along the easterly prolongation of the northerly line
of said Parcel 2, North 62030'09" East 1 00.00 feet; thence parallel with the easterly line of Said
Parcel 2, South 27129'51 " East 223.27 feet to the intersection with the easterly prolongation of
the southerly line of said Parcel 2; thence along said easterly prolongation, South 62130'09" West
100.00 feet to a point in said easterly line of Parcel 2; thence along said easterly line North
27129'51 " West 223-27 feet to the point of beginning.
PAGE 1 of 2
PARCEL 3:
That portion of Newport Bay Harbor as shown on Map of the Department of the Army, File No.
972-3 dated December 26, 1950 in the City of Newport Beach, County of Orange, State of
California, described as follows:
Beginning at the southeast corner of Parcel 2, of that certain Parcel Map filed in Book 60, page 43
of Parcel Maps, records of said County; thence along the easterly prolongation of the southerly line
of said Parcel 2, North 62030T9" East 100.00 feet; thence parallel with the easterly line of said
Parcel 2, South 27 0 29'5 1 " East 124.89 f eet to the intersection with the easterly prolongation of
the northerly line of that 'certain Parcel Map filed in Book 59, page 44 of Parcel Maps, records, of
said County; thence along said easterly prolongation South 62030'09" West 100-00 feet to the
northeast corner of said Parcel Map filed in Book 59, page 44; thence along the northerly
prolongation of the easterly line of said Parcel Map, North 27129'51 " West 124.89 feet to the point
of beginning.
NOTE: THIS DESCRIPTION WAS PREPARED AS A CONVENIENCE ONLY AND IS NOT FOR
USE IN THE DIVISION AND/OR CONVEYANCE OF LAND IN VIOLATION OF THE
SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA.
4", R. 60
Kevin R. Hills, P.L.S. 6617
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DATE: 4-15798
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QUALIFICATIONS
RICHARD A. FULLER, MAI
Real Estate Appraiser and Counselor
43032 no Street, Suite 200
Newport Beach, CA 92663
(714) 675-7600 Telephone
(714) 675-5787 Facsimile
EDUCATION:
University of Southern California, B.S. 1961
University of Southern California, M.B.A. 1963
PROFESSIONAL:
Member, Appraisal Institute 1972 -Present
Member, California Association of Realtors 1984-1993
Member, National Association of Realtors 1972-1993
Member, International Right of Way Association 1986 -Present
EXPERT WITNESS:
Superior Court of California, Circuit Court of Oregon, and United States District Court
LICENSES:
State of California Real Estate Broker (License No. 00318180)
State of California General Building Contractor (License No. 264327)
State of California Certified General Real Estate Appraiser (License No. AGO03210)
EXPERIENCE:
Real Estate Appraiser: American Savings and Loan Association 1964-1966
Real Estate Appraiser: George Hamilton Jones, MAI 1966-1970
Independent Real Estate Appraiser and Counselor 1970 -Present
CIVIC:
Planning Commissioner, City of Newport Beach 1997 -Present
Instructor: Mira Costa College, Orange Coast College, Lane Community College
_FACULTY,
Lecturer: University of California at Riverside; Senior Lecturer: University of Southern California
Approved Faculty Member. Appraisal Institute; Lifetme California Community College, Real Estate Credential;
Courses taught included Advanced Appraisal, Real Estate Valuation, Real Estate Development, Capitalization
Theory & Techniques, Basic Valuation Procedures, and Real Estate Investments.
SEMINARS:
Chairman: Various litigation seminars, Appraisal Institute; Guest Speaker: Subdivision Analysis;
Discounted Cash Flow Analysis in the Home and Building Industry; Assessing the Impact of
Contaminaton; Appraising Land in Southern California; Real Estate Capital Markets.
PUBLICATIONS:
"Appraisal of a Proposed Residential Subdivision Development", Encyclopedia of Real Estate
Appraising, Third Edition, Published in 1978, Prentice Hall, Inc.
PARTIAL LIST OF CLIENTS:
Le -gal and Accountinci Firms:
Anderson. McPharlin & Conners
Belcher, Henzie & Biggenzahn
Brown. Pistone. Hurley & Van Vlear
Burke, Williams, & Sorensen
Butler, Husk, Gleaves & Sweringen
Call, Clayton & Jensen
Cadile & McDonough
Cooksey, Howard, Martin & Toolen
Cox, Castle & Nicholson
Daubney, Banche, Patterson
O'Neal, Nares & Read
Desmond. Miller & Desmond
Downey, Brand, Seymour & Rowher
Doyle. Gartland. Nelson & McCleery
Drummy, Garrett, King & Harrison
Ellman. Burke, Hoffman & Johnson
Endeman, Lincoln, Turek & Heater
Emst & Whinney
Fadam & Douglas
Flint& McKay
Gibson, Dunn & Crutcher
Hahn & Hahn
Hewitt & McGuire
Higgs, Fletcher & Mack
Hill, Farrar & Burrill
Jennings, Enstrand & Henfikson
Johnson, Bannon, Wohlwent & Johnson
Krusemark & Bertani
Lanak & Hanna
Layman, Jones & Dye
Latham & Watkins
Manoukian, Scarpello & Ailing, Ltd.
Martin, Bischoff, Templeton, Biggs & Ericsson
McColgan & Vanni
McCormick, Kidman & Behrens
McCutchen, Doyle. Brown, and Enersen
McKittrick, Jackson. Demarco & Peckenpaugh
Minihai., Kemutt. Stokes & Co.
Nugent & Newnham
O'Melveny & Myers
Palmieri, Tyler. Wiener, Wilhelm. &Waldron
Paone. Callahan, McHolm & Winton
Penney & Penney
Pohison, Moorehead & Goethals
Poindexter & Doutre
Price Waterhouse & Co.
Roberts, Cormack & Johnson
Robie & Matthai
Robins, Kaplan, Miller & Ciresi
Rogers & Wells
Rutan & Tucker
Tully S. Seymour
Saxon. Alt Dean, Mason, Brewer. & Kincannon
Schmiesing. Blied & Mackey
Sedgewick, Deter, Moran & Arnold
Simon & Sheridan
Wallace & Deatherage
Wenke, Burge & Taylor
Wright, Finley & Behrens
Lendina Institutions:
Bank of Amen a
First Interstate Bank
Santa Ana First Federal Savings
Bank of California
Foothill Capital
and Loan Association
Central Savings & Loan
Great Western Bank
Santa Monica Bank
Charter Savings & Loan
Guild Mortgage Company
Sanwa Bank
Coast Savings & Loan
Home Capital Corporation
Sears Savings Bank
Construction Lending Corporation
Home Savings of America
Security Pacific National Bank
Continental Bank
Imperial Savings & Loan Association
Starting Savings & Loan
Continental Mortgage Insurance
Investors Mortgage Insurance
Surety Savings & Loan Association
Crocker National Bank
Mitsui Manufacturers Bank
Torrey Pines Bank
Farmers Savings & Loan Association
Mitsui Taiyo Kobe Bank
Union Bank
Financial Federation
Newport Balboa Savings
Welts Fargo Bank
First Credit Bank
San Diego Trust & Savings
Internal Revenue Service
Insurance Comanies:
City of Provo
Resolution Trust Corporation
Chicago Title Company
Hartford Accident& indemnity Company
State Farm Fire & Casualty Company
Cigna Company
Lawyers Title Company
The Travelers
Dairyland Insurance Company
Pacific Mutual Life Insurance
Title Insurance & Trust Company
Farmers Insurance Company
Prudential Property Insurance
Transamerica Title Insurance Company
General American Insurance Company
Royal Insurance Company
Uniguard insurance Company
Fireman's Fund
Safeco Title Insurance Company
Corporations:
AMFAC Garden Products
DiGiorgio Corporation
Mobil Oil Corporation
Atlantic Richfield Corporation
Emerson International
Northern Trust Company
Beacon Oil Company
Eugene Sand and Gravel, Inc.
Retirement Center of America
Best Western Hotels
Gulf and Western Corporation
Reflaw Enterprises, Inc.
Beckman Instruments
Hercules. Inc.
Roadway Express Inc.
Catalina Swimwear
Hughes Aircraft Corporation
Salomon Brothers
Celanese Corporation
Interstate Brands Corporation
Southland Corporation
Chevron U.S.A.. Inc.
Liggett and Myers Corporation
Standard Oil Company of California
Chrysler First Business Credit Corporation
Mitsubishi Cement Corpoartion
Stone & Youngberg
Cities Service Company
McCullough Oil Corporation
Trust Company of the West
Deutsch Company
McKesson Corporation
U.S. Amada
Mead Instruments
Western Electric Corporation
Non-Drofit Oraanizations:
Beacon Bay Community Association
Laguna Heights Community Association
Sherman Foundation
Father Flanagan's Boy Home
Mesa Verde Country Club
Spyglass Community Association
Foundation to Assist California Teachers
Seascape Village Community Association
Church of Jesus Christ of Latter Day Saints
Hospitals:
Greater El Monte Community Hospital
Kaiser Permanente
South Coast Medical Center
Hoag Memorial Hospital
McKensie-Willamette Hospital
Tri -City Hospital
Sacred Heart General Hospital
Governmental Aciencies:
California Department of Conservation
City of Oceanside
Federal Aviation Administration
Caltrans
City of Palm Springs
Federal Deposit Insurance Corporation
City of Anaheim
City of Pomona
Federal Savings & Loan Insurance Corporation
City of Carlsbad
City of Poway
Internal Revenue Service
City of Chino Hills
City of Provo
Resolution Trust Corporation
City of Corvalis
City of Roseburg
State of California
Cioty of Del Mar
City of Santa Ana
United States Postal Service
City of Laguna Beach
County of Orange
City of Newport Beach
County of San Bernardino
Real Estate, En-gineering. Investment and Development:
American Diversified Companies
Barratt Irvine
Bentall Development
Robert Bein, William Frost
& Associates
Betker-Fredricks Development Company
BS1
Chevron Land and Development Company
Schools:
Brigham Young University
Eugene School District No. 4-J
Mountain View School District
Utilities:
Costa Real Municipal Water District
Eugene Water & Electric Board
APPRAISAL FUNCTIONS INCLUDE:
Coidwell Banker Management Corporation
Daon Corporation
DKS Associates
Hermosa Homes
Huntington Beach Company
The Irvine Company
Kemper Real Estate Management
The Lusk Company
Manchester Development
Oceanside Unified School District
Palm Springs Unified School District
Pepperdine University
Metropolitan Water District
Pacific Northwest Bell
Mission Equity
Pacific Investment Management Company
Paragon Homes
Presley of Southern California
Standard Pacific L.P.
Signal Landmark, Inc.
Sunwest Asset Management
Techbuilt Construction Corporation
William Lyon Company
Saddleback Community College
Scripps College
Solona Beach School District
Ramona Municipal Water District
Southern California Edison Company
Acquisitions. Asbestos. Contamination, Bankruptcy, Bond Financing, Condemnation, Construction Defects, Disposition, Donation, Eminent Domain, EstateTaxAppeal. Exchange, Excess
Land. Federal Grants, Foreclosure, Ground Rental Revaluation, Hazardous Waste Contamination, Income Tax Appeal, Inverse Condemnation, Litigation, Mortgage Financing. Negotiation,
Park in Lieu Fees, Partnership Dissolution, Portfolio Review, Property Tax Appeal, Redevelopment.
TYPICAL APPRAISAL ASSIGNMENTS:
Public:
Airport Extensions, Assessment District Coastal Sage Mitigation Credits. Corporate Yards, Dedicated Streets. Electrical Transmission Right-af-Ways, Environmental Contamination Impact.
Flood Control Projects, Improvement Districts, Libraries, Open Space Properties. Park Sites, Pipeline Easements, Preservation Easements. Prisons, Post Office Sites, Proposed Jail Sites,
Public Right -of -Way Dedications, Railroad Right -of -Ways, Recreation Centers. Reservoir Sites, Sanitary Land Fills, Sanitation Line Right -of -Ways. Sanitation Easements. School Sites,
Sewer Line Easements, Sewage Treatment Sites, Storm Drain Easements. Street Widenings, Temporary Easements. Transportation Centers, Water Line Right -of -Ways. Watershed
Projects.
Private:
Agricultural Acreage, Apartment Buildings, Automobile Dealerships, Banks, Bowling Alleys, Bulk Plants. Cement Plants, Church Sites. Commercial Buildings, Condominium Projects,
Equestrian Centers, Historical Buildings, Industrial Buildings, Industrial Subdivisions, Marinas, High Rise Medical Buildings, Mobile Home Parks, Motels, Ocean FrontProperties. High
Rise Office Buildings, Office Condominiums. Parking Lots. Private Beaches. Ranches, Residential Subdivisions, River Front Properties. Sand and Gravel Lands. Service Stations. Shopping
Centers, Subdivision Acreage, Tennis Clubs, Tidelands. Trucking Facilities. Undeveloped Acreage.
PARTIAL LIST OF SPECIAL APPRAISAL ASSIGNMENTS:
Atchinson, Topeka, and Santa Fe Right -of -Way: Permanent and temporary easements for the Metropolitan Water District of Southern California's Inland Pipeline Project in San
Bernardino County (Metropolitan Water District)
Sol Marin Keys Unit V: 1600 acre proposed master planned community including wetlands, bay marsh restoration, open water lagoons, and freshwater marsh adjoining San
Pablo Bay located in Marin County (Eilman, Burke. Hoffman & Johnson)
Cigna Apartments: Six 200-500 unit apartment projects located throughout Southern California (The Travelers)
CoVote CanVon Landfill: Conservation easement within the San Joaquin Hills Transportation Corridor (San Joaquin Hills Transportation Agency / The Irvine Company)
Coyote Hills West 292.6 acre residential development located in Fullerton (Chevron Land and Development Company)
Deutsch Ranch: 250 acre ranch located in Oceanside (Deutsch Company)
Eastsidiii Pipeline Promect ± 5 miles permanent easements, right-of-way and construction easements located in Riverside County (Metropolitan Water District)
4-S Ranch: 634 acre Specific Plan Area located in North San Diego County (Ralphs Family)
Gypsum Canyon: Proposed County Jail Site located on 2.678 acres of undeveloped acreage in Orange County (The Irvine Company)
Hinhiands Devel opment Multiple phases within residential subdivisions located in Anaheim Hills (Security Pacific National Bank)
Indian Head Ranch: Portion of a 640 acre desert subdivision located in Borrego Springs (The DiGiorgio Corporation)
Ivey Ranch: 750 acre planned unit develop ment located in Oceanside (The Estate of L.O. Ivey, and Home Federal Savings & Loan)
James Musick FacilltV: 100 acre prison facility with potential industrial farm use located in El Toro (The Irvine Company)
John Wayne Tennis Club: Tennis club located in Newport Beach Cricor)
Laguna Ninual: 4,600 acre planned unit development located in Southern Orange County (Avco Community Developers)
Lake Matthews Watershed Proiect 14 acre parcels within the Drainage Water Quality Management Plan located in Lake Mathews (Paragon Homes)
Long Beach Airport Business Park: 4 mid to high rise office buildings adjoining Long Beach Airport (Call. Clayton, and Jensen)
Marblehead Coastal: 250 acres of multiple phases within 2 residential subdivisions located in San Clemente (Bank of America)
Miliken Landfill: Contamination Impact assessment (Latham and Watkins i County of San Bernardino)
Mitsubishi Cement Distribution Terminal: Cement distribution terminal located in Port of Long Beach (Mitsubishi Cement Corporation)
Montebello Town Center: Regional shopping center located in Montebello (Chevron U.S.A.)
Newberry Ranch: 2.260 acre remote desert parcel (Father Flanagan's Boys Home)
Newport Lida Medical Center: 5 and 7 story medical office buildings located in Newport Beach (Mitsui Manufactures Bank)
Noma HillslWoodlake Development 712 acre residential development located in Corona (Grant /Owen)
Rancho Bernardo: 986 acres within a planned unit development in North San Diego County (McCullough Oil Corporation)
Rancho California Portfolio: Various commercial, industrial. residential. mixed use and master planned communities located in Temecula (Wells Fargo Bank)
Rancho San Clemente: 19 undeveloped commercial and industrial parcels located in San Clemente (Emerson International)
Reeves Ranch: 490 acre residential located in San Clemente (The Church of Jesus Christ of Latter Day Saints)
Retlaw Ranch: Six ranches totaling 3,605 acres located in Riverside, Los Angeles. and San Diego counties (Retlaw Enterprises. Inc.)
San Luis Ray River Flood Control Pro"ect 23 parcels within the San Luis Rey River Floodway and Floodplain located in Oceanside (City of Oceanside)
Shadow Rida*: 189 acre (Phase I and il) residential development located in Vista (Daon Corporation)
SunseffVerrnont Medical Arts Building: 6 story medical building located in Hollywood (William Farley, Trustee)
Sutter Square Galleria: 4 story shopping center with freeway airspace located in Sacramento (Caltrans)
Tech Business Center: Proposed 67 lot industrial subdivision for Mello -Roos financing (City of Poway)
INTERESTS APPRAISED:
Fee Simple Estate
Leased Fee Estate
Leasehold Estate
Sandwich Interest
September 1997
"4- -3
From: Riley, Tim
Sent: Tuesday, Jun2,,_ 2_�J" 1:27 PM
To: Melum, Tony
Subject: FW: Liveaboards at Lido Village Marina
From: Murphy, Kevin
Sent: Tuesday, June 23, 1998 1:19 PM
To: Riley, Tim (Fire)
Subject: RE: Liveaboards at Lido Village Marina
Can we do some spot checking to see what the reality is, so when we give this answer we're not
embarrased by someone standing up and saying what is "really" going on. BY the way, do you
know the Hoffman's from Schweitzer?
From: Riley, Tim (Fire)
Sent: Tuesday, June 23, 1998 1:17 PM
To: Murphy, Kevin
Subject: FW: Liveaboards at Lido Village Marina
From: Melum, Tony
Sent: Tuesday, June 23, 1998 11:36 AM
To: Riley, Tim (Fire)
Subject: Liveaboards at Lido Village Marina
On this date I spoke with Donna Larson the Marina manager at the above Marina. They do
not allow liveaboards at the Marina but she feels that they have five to ten tenants that
probably stay aboard more than they should.
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Payroll
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APR -03-98 14;01 FROM:CARBON �ESA GRD,, ID:3102319721 PAGE 2/4
Lido Marina Village
Project Summary
Our objective is to acquire an asset with outstanding visibility and location, historical
under -performance and passive ownership, and manage the asset toward creating a first-
class oceanftont mixed-use project, with increased performance resulting from
renovation, repositioning and redevelopment
The opponuj3ity best can be Visualized through an analysis Of various levels of the
project First, the physical and demographic aspects Of the ProJect- Second, the e istin
opportunity that can be rea� through better management and Wnfi.-Urat'On Of x 9
uses. Third, the value that can be created through assemblage of Other real estate and
realization of several other opportunities involving minimal reconfiguration and
renovation cost Finally, the value potential through significant redevelopment of the
"Villag6" portion of the project. The following are key points on each of areas:
General Attributes Of the Project
There = a number of facts about the project that make it a particularly desirable and
unique real estate acquisition.
* Key location at convergence Of major 3,Tte;rial acc`�;ss
* 820 feet of frontage onto Newport Harbor and OpPorftullitY to create a destination
project focused both on land and water-based elements
* 1996 Median household income (pre -emergence from recession) of over $6 1,000 in
five mile radius
+ Average per square foot rent withiJu ProJect currOntly is below market due to (a) poor
management� (b) deferred maintenance� (0) poor configuration and (d) parldag -issues
* City and homeowner support for redevelopment
* Several buildings are existing non-0-OnfOrming uses (both height and density), that
C,
cannot be replicated Rs ar
site suffers from deferred maintenance and no renovatio for a number of ye s
Improving rental and occupancy numbers in market and sub -market.
potential Opportunities with Ex-ist-Ing Uses
We have assumed that, given the existing uses, a number of management and Operational
actions and physical enhancements can be taken that will materially improve income
from the project:
Improve public perceptions and artact higher quality merchants and office tenants
through renovation and redevelopment
Through better ma-aagement and workIng with brokerage community, convert
existing lower rent occupants and vacancies to market performers
APR -03-96 14:01 FROM:CARBON MESA GROUP ID:3102319721
• Commit canital to tenant improvements in key vacancies (particularly the former
"Magic Island7' space in the "M Building") tenant base,
• Complete a renovation of the BaY Lido Building to attract a frst-class -de
• Renovate fa*e of the buildings with existing brick facades, to incorporate seam
motif to otherwise unattractive brick fortress look. This includes cutting new
windows and/or ocean view patios
Renovate boat slips and improve the repair and maintenance program
Maximize view corridors for patrons of oceanfront merchants
+ Better configure and utilize the boat slips, including boat owner facilities
4) Create "host docks" for local water access (e.g. via electric boats) to oceanfront
merchants and restaurants, consistent wlffi other more successful operations
Improve -tenant mix through (a) above solutions, (b) eliminating high dependency on
yacht and cruise companies (which do not offer desired amenities for nearby residents
and typically do not - foot traffic necessary to support other merchants), and
generate
(c) phase out month-to-month tenancies
Value Creation through Land Assembly and Legal Means
There are a number of actions that can be taken with, or through modification of' existing
configurations, that cart markedly improve the project's income, operation, visibility and
access. Mese actions go beyond management, marketing and operations to include more
significant capital improvements, assembly of other sites and capitalizing on realization
of opportunities.
Acquire ground leasehold interests, improving development flexibility and financingg
options nting Via. Lido, incorporating a greater "critical
+ Acquire some of the parcels fro on
MaSS7' of retailers within the project and improving access and visibility
+ Improve tenancy and physical aspects of TravelMax
+ Pursue City parking district program, which will relocate streets, improve parking, and
improve circulation and access
* F -valuate possible reconfiguration of parking structure, both for parking and other
uses
+ Pursue acquisition of neighboring office buildings, that typically are under -parked
and, therefore, undervalued. Given the project's available parking, immediate
improvement in value can be realized
Value Creation through AW'tssive RedevtloPment
Full realization of the potential of a great location will involve considerable exp 'oration
and analysis of redevelopment, through review Of concepts of several world-class
architectural f with ty an
Irms, managing the architects and designers and working
g Ci d
residents to substantially improve the project- The process of schematics pricing,
identif��ing users and operators as well as the entitlements process requires ownership of
the project before the real "heavy lifting" begins -
PAGE 3/4
APR -03-9e 14:02 FROM:CARBON MESA GROUP ID:3102319721 PAGE 4/4
* Complete reconstruction of "Village"' buildings to better fit a "seaside motif"
+ Coordinate design and tenant mix tbroughout the project, to better support a
"themedr, high quality entertaiment. and shopping experience
* improvement of usage of oceau views, through better layout and sight corridors
* Improved coverage of available parcel
* Pursue- possible increase in floor area ratio and height
* Pursue possible relocation of Elks Club to alternative site within the development or
other, less valuable real estate that can be acquired
* Explore possible vacation of Central Avenue and Via Oporto, as well the city parking
lot adjacent to the Elks, building
+ Examine expansion of parking structure
* Development of synergies a mixed-use project would create
+ Encourage and coordinate with tenants to invest money and ideas to fiuffier create an
upscale entertainment complex
+ Explore boutique hotel option possibilities
* Create either an upscale hotel or timeshare development in Travelldax Building
and/or upper stories of new retail development Such a development would be
consisient with an improvement of the overall project and consistent with the stated
desires of the community
In all of the redevelopment possibilities, we will need to work toward fluffigg the project
into the Peninsula 2000 plan and redevelop the project in a consensus planning effort
with the City and the homeowners
�47?
APR -03-98 14:01 FROM:CARBON MESA GROUP
11601 vtIj6ffge Boulevard
Suite 2440
Los Angeles. CA 90025
Ph. S%2SI-97i3
Fmc 310-231-9720
2�
rax
TO". Sharon Wood From Glenn S;onnenbeTg
pages. 4
Faw 714-64�3250
Datm 04103198-
714Z44-3222
Re, Ljdo Marina ViUage CQ Jim Ratkovich� Steve 02,k
x Urgent 0 For Rev -tow L3 Nease comment Ej please Reply 0 Please Recycle
0 Corranents- brief business plan you requested. in connection wtth the re'lliew and 2PP'Ova'
:Sharon' Endosed is the M or anything else you need -
of the boat SUP lease, pjea� cao Me �th 8n� questio
Best regards, GL -nn
n
APR -03-98 14:01 FROM:CARBON MESA GROUP ID:3102319721
Lido Marina Village
Project Summary
Our objective is to acquire an asset with outstanding visibility and location, historical
rst-
under_perf
ormance and passive ownership, and manage the asset toward creating a fi
class oceanfiont mixicd-use PrOject, 'kith increased performance resulting from
renovation, repositioning and redevelopment -
The opportunity best can be visualized through an analysis of various levels of the
project, Fiirst� the physical and demographic aspects Of the ProJed- Second, the
opportunity that can be realized through better management and configuration of existing
uses. Tbird, the value that can be created through assemblage of other real estate and
realization of several other opportunities involving minimal reconfiguration and
renovation cost Finally, the value potential through sigpificant redtvelopment of the
"Village portion of the project. The following are key points on each of areas:
General Attributes of the Project
There are a number of fku about the project that mak-e it a particularly desirable and
unique real estate acquisition.
+ Key location at convergence Of mad Or alterW access
+ 820 feet of frontage onto Newport Harbor and opportunity to create a destination
proje�ct focused both on land and water-based elements
* 1996 Median household income (pre___emergence from recession) of over $61,000 in
five mile radius
+ Average per square foot rmt within project currently is below market, due to (a) poor
(b) deferred maintenance, (c) poor configulation and (d) parking issues
management,
* City and homeowner support for redevelopment
Lonrconfo=ng uses (both height and density), that
* SeveW buildings are eAsting 10
cannot be replicated and no rmovalions for a number of years
* site suffers from deferred maintenance
* improving rental and occupancy numbers in market and sub -market.
potential oppoftunities, with Existing Uses
We, have assumed that, given the existing uses, a. -number of management and operati —nal,
11 m 'ally improve income
actions Md physical enhancements can be taken that wi aten
from the Project:
• Improve public perceptions and attract higher quality merchants and Off'ce tenants
through renovation and redevelopment
• -Mrough better management and working with brokerage community, convert
existing lower rmt occupants and vacancies to market PerfOrmers
PAGE 2/4
APR -03 -SO 14:01 FROM:CARBON MESA GROUP ID:3102319721 PAGE 3/4
• Commit capital to tenant improvements in key vacancies (particularly the former
"Magic Island7 space in the I'M Building) to attract a first-class tenarit base
• Complete a renovation Of the BaY Lido Building
• Renovate fa*e of the buildings with ex�sting brick facades, to incorporate seaside
motif to otherwise unattractive brick fortress look. This includes cutting new
windows and/or ocean view Patios
Renovate boat slips and improve the repair and rnint,,ance program
+ Maximize view corridors for Patr011"Of Oc&infiOnt mp-rcbants
and utilize- the boat slips, including boat wAmer facilities
+ Betterconfigure
water access t� boats).to,,oceanfir oAt
+ Create I -h - as I t docks I " for , local'
her more successU OPel-atOns
sistent with of
merchants and restaurants, cons I -
tenant mix through (a) above soluto�ns, (b) eliminating high dependency on
+ Improve Learby- resiAlents
yacht -and cruise (which don6t, 6Mr sired, amenities, for In
and
all te oot iiaffi C li&6ssary to support other merchants),
Y O'not ' , - 4
d - -74- r,
(c) phase out mouth -to -month tenancies
Vake Creation through Land Assembly and Legal Means
There are a number of actions that can be taken with. or throuah modiflcatioD of, existing
configurations, that can markedly improve the project's income, operation, visibility and
acctss. These actions go beyond management, marketing and operations to include more
Significant capital improvements, assembly of other sites and capitalizing on realization
of opportumties.
* Acquire ground leasehold interests, improving development flexibility and financing
options
+ Acquire some of the parcels fronting on Via Lido, incorporating a greater "critical
lers within the project and improving access and visibility
mass" of retai, of TravelMax building
+ improve tenancy and physical aspec�
+ pursue City parking district program which will relocate street&, improve parking and
improve circulation and access .
* Evaluate. possible reconf iguration of parking structure, both for parking and other
uses
* pursue acquisition of neighboiing office buildings, that typically are under -parked
and� therefore, -undervalued. Given the project"s available parking, immediate
improvement in value can be realized
Value Creation through Aggressive Redevelopment
Full realization of the Potential of a great location will involve considerable exploration
and analysis of redevelopment, through review of concepts of several world-class
architectut-9 fIrms, managing the architects; and designers and working With City and
res- ro t- The process of schematics pricing,
,,dents to substantially imp ve the proje, entitlements process requires ownership of
identifying users and operators as well as the
the project before the real -heavy liftinS7 begmis-
Z
APR -03-98 14:02 FROM:CARBON MES'A GROUP ID:3102319721 PAGE 4/4
• Complete reconstruction of "Village" buildings to better fit a "seaside motif'
• Coordinate design and tenant mix throughout the project, to better suPPOrt a
-themeC, high quality entenainment and shopping experience
• Improvement of usage of oc,�_ better gh c ni rs
,a.a vie.,,vs, through layout and si t 0 do
• improved coverage of available parcel
Pursue possible increase in floor area ratio and height
Pursue -possible relocation of'Elks Club to alternative site within the developmcnt or
other, less valuable real estate that can be acquired
Explore possible vacation of Central Avenue and Via Oporto, as well the city parking
lot adjacent to the Elks, building
Examine expansion of parking structure
Development of synergies a mixed-use project would create
Encourage and coordinate with tenants to invest money and ideas to further create an
upscale entertainment complex
• Explore boutique hotel option possibilities
• Create either an upscale hotel or timeshare development in TravelMax Building
and/or upper stories of new retail development- Such a development would be
consistent with an improvement of the overall project and consistent with the stated
desires of the community
In all of the redevelopment possibilities, we will need to work toward fitting the project
into the Peninsula 2000 plan and redevelop the project in a consensus planning effort __-
with the City and the homeowners
I
Mar -3.0-98 02:49P Shia I'li-maktar- lnt-- 714 548 5315
-she-Alm-Aer n"c.
M. 1998
City of Newport Beach
Marine Department
P.O. Box 1768
Newport Beach, CA 92659-1768
Att: Tony Melum, Tidelands Administrator
Re: Dredging @ 3131 W. Coast Highway, Newport Beach
Dear Tony,
P-02
Due to the only acceptable tides for the a0ove referenced job occurring outside of
normal working hours we are forced to begin work at 6.00 a,m. on Friday March 13,
1998. We have mentioned this to the owners of the project who will inform their
neighbors.
Thank you for, your cooperation and should you have any questions, please call.
Sincervy,
Lisa E. Miller
President
cc: Police Dept.
Harbor Dept,
File
M
M& MARINE DE".
BEACH
N P
876 E West 15th Str�-et, NeWport Ovach, California 92663 Phone (714)548-5359 Fax(714)548-5315
General Eriglnt�vrinq Contractors/License No. 561434/Marine Construction and Or -edging
y dM%,M&x& - — 3- 430 spaces 114 spaces
Restaurant Uses 66 spaces 289 spaces
Office Uses (1/250) 4-3-2 0 0 0
Retail Uses (1/250) 92 0 0 0
rte%nt lziinc tq,; ciinc rnar.et.7i 64 0- 0
64 0
Lido Village (11250) 288 0
Lido Shops (Facing Via Lido) (1 0) 3+ ;? 0 0
TOTAL 389 spaces 289 spaces 494 spaces 114 spaces
Ile
Bay Lido Office Bldg. 4-7 ? 0 0 0
Lido,rower (Travel Max) 7.91 0 0 0
u& of America Building Sfy 0
JOTAL 176 9 V 0 0
TOTAL PARKING REQUIRED 565 spaces 0 494 spaces 0
PARM
(PUBLIC)
Municipal Paeldrig 11dot 27 0
On -Street Parking (Central -Ave.) 17 17
On -Street Parking (Behind Lido Shops) 10 10
On -Street Parking on Via L / ido 13 13
(PRIVATE) 7 '
Parking Structure 373 373
TOTAL PARKING AVAILABLE 4,83 spaces 456 spaces
I Night parking is after 6 p.m.
I Indicates; parked at a ratio of I spaces for each 40 sq. ft. of "net public ara'
3 Required number of parking spaces for each respective business per applicable use permit files
4 Night parking assumes no retail OT Office parking demand
'3 Building square footage provided per applicable City use permit files and Lido Marina Village Management Company rent roll.
6 Buildings which no longer have use of the Lido Marina Parking Structure, but still draw upon ft available parking spaces in the village area.
? Number of spaces in garage is based on a field count of spaces by Code Enforcement (previously noted as 395). This number includes striped tandem spaces.
32nd Street Parking Lot has no legally binding off-site parking agreements attached to it (per the management company). Lido Marina Village owns and controls the
western most portion of the parking lot only (43 parking spaces).
3
XXT IVED
NIGK11---WALYXD—
COMMERCIAL USES
TV
Vacant (Magic, Island) -roo e., 0 r4 (- r"0
Warehouse Restaurant 0
Le Bistro Restaurant 16
Le Bistro Coffee Shop 5
George's Camelot 28
Bayfront Cafe 6
Mama Mia Restaurant 3
Vacant (previous Greek Restaurant) 3
0
266
5
1
10
0
6
1
175
16
5
28
6
3
3
0
91
5
1
10
0
6
1
A
(1/40)
(1/40)
(1/40)
(1/75)
(1/40)
(1/75)
(1/40)
(1/75)
10,1CAN
y dM%,M&x& - — 3- 430 spaces 114 spaces
Restaurant Uses 66 spaces 289 spaces
Office Uses (1/250) 4-3-2 0 0 0
Retail Uses (1/250) 92 0 0 0
rte%nt lziinc tq,; ciinc rnar.et.7i 64 0- 0
64 0
Lido Village (11250) 288 0
Lido Shops (Facing Via Lido) (1 0) 3+ ;? 0 0
TOTAL 389 spaces 289 spaces 494 spaces 114 spaces
Ile
Bay Lido Office Bldg. 4-7 ? 0 0 0
Lido,rower (Travel Max) 7.91 0 0 0
u& of America Building Sfy 0
JOTAL 176 9 V 0 0
TOTAL PARKING REQUIRED 565 spaces 0 494 spaces 0
PARM
(PUBLIC)
Municipal Paeldrig 11dot 27 0
On -Street Parking (Central -Ave.) 17 17
On -Street Parking (Behind Lido Shops) 10 10
On -Street Parking on Via L / ido 13 13
(PRIVATE) 7 '
Parking Structure 373 373
TOTAL PARKING AVAILABLE 4,83 spaces 456 spaces
I Night parking is after 6 p.m.
I Indicates; parked at a ratio of I spaces for each 40 sq. ft. of "net public ara'
3 Required number of parking spaces for each respective business per applicable use permit files
4 Night parking assumes no retail OT Office parking demand
'3 Building square footage provided per applicable City use permit files and Lido Marina Village Management Company rent roll.
6 Buildings which no longer have use of the Lido Marina Parking Structure, but still draw upon ft available parking spaces in the village area.
? Number of spaces in garage is based on a field count of spaces by Code Enforcement (previously noted as 395). This number includes striped tandem spaces.
32nd Street Parking Lot has no legally binding off-site parking agreements attached to it (per the management company). Lido Marina Village owns and controls the
western most portion of the parking lot only (43 parking spaces).
3
Fax:626-?Z-6504 :Ul 30 198 11:05 P.02
-.�-�Stephm M. zatovich
8 Assockats
26 P 4 31
A41Y 23, 1"S COON Sm
'J"Iller
Mtyojr and Members of City COWU [3 Agarell
CITY OF NIEWPORT UACIR
3300 N*vjPW 9OWWWd CI
Newpod Smob. Califamia 92"]
DIW mayat a munbm of city Council:
Lido MWO VWAId has b9= dW S*Jftt Of $OvMi dilcullSiO10 by tM CitY COW" 'A ft PIA
few m0aw. in maw. 60 Pa"m is to Ampak =0 in dewme Go" of "ViWindcm, we
Lido
b*,Wve it will "qd" City %IdMMp ad p*Uc "ppon to wmt the msAy problems ot
ourins the ment Comcil huri"s. Mr. Radcovich WA his Assor-latcS sumed tW the cwrmnt
do scow to mainuda the ram quo.
-10
Owmer, movin FA6WW* us A6 iam" W any'Sni
Not only ham Movin SnhiseMS immiongly let Lido Marine Villap OfthmIft but bu
1) ihey bA" eahreed a) Hircombowd Sitizations at
allowed the followN candum to e0t Act
b9hor b) fiving in ow office buildings
the marina wbkb is a viotaloa of W& Femit IVA people
L.td 2) we m&r*mA *at a) (boy have allmd more bacts to Who? at do Aps the the batbor
d7e to
pamh &jjOwS-, b) tey �m m povWM roqWred VWtW eidw fal dw tW#kd& Of 60 UPIA141
dw cm City official bm blaqld Ws to dw City MW I IftAtiOn 0'-Vr ft YGM)I, 6)
(amA more
4) ftY have
�-ol' 'h
they kuwe ot eaeAmled dmdr WUM mpaIls f0t Persmitling bom the City; shd,
cwtinually itnand City policy mqWm=W,
7U City hovwar, hm da tight %* v�m ftnW4 to us dW the Witelixftbft Of L1410 MWISI
vitlags can pmend In a rakly mpW imemer.
Tbftvkm� we MUM Ihm dw COY UKWtk** A MOO MOO* Of LWO MUIA1 V111464'3
existing babor pmnit, if 6e wm of Ow habof pumah an not being followed, Ots City aboild
c6nsWw revokial du pamjt and r*aviq pwftts to %he upland peopefty owmas to socamo
thm Propefty *wow to mdovelop *1k peave"I".
Lida 111valmem Co., vAlch owns 3336 Via Lido, hu &Ira* squered and mdved km ft
city covoil, IM& qp6Val Ofee pe" into thUr Sftle &Mily PWOIW. FAAM
tkA tidal"& peenju jawd w us waaW Wm" tM riviadinfign of the ~ pan offt Lido
mwwa Wes, I& admom I = Pao 60 90m pwpww Qv="' who %mt to pmam Project
--A-
WIMMY poposals dw 6e Chr Cougwil an approvi, would b# d4jWW to havv Unit
Immbot poodU immd 10 6M As wWl-
940 Ne Center mms. Suit* 420, Newport Beach, c4j*mw 93660
(949)719-0)6) 0 FaK(049)719-6366
za/za SOTS9W W1W Fp:t-i mAA%-zr-Inr
ZO'j ldioL
of city ca
I VMVWttOUy MqUM %bg City CAVJWI vwW PMW t. nMU;�Ojjtjvl amps bc& Ww IsdW
WWI f9l moth" drmiaw to come for"w of worst yet t w continue to do W606
'. .d I,. vidum sluffa tha comquaDclo,
Slacasly. m -9�2
S Lrm7IE56��
tq*"
M&ONOMS ma*a
UAQ lavc$bb" Co., LLC
3336 via Lido
N"or Bach
zo-,io I - BoTiwc S -1k zo:v; 8661-M-Inr
R E A L ESTATE
A D V 1 5 0 R S
January 2.7,A.998.,
Mr. Tony Melum
Department Chief of Marine Environmental
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, California 92663
Re: - Lido Marina Village; Lease Agreement
Dear Tony:
77
C; pA
As you are aware, the undersigned is currently under contract to purchase certain real property
and marina rights from Marvin Engineering, Inc., commonly known as the Lido Marina
Village. The purpose of this lett&r of intent is to request your consideration of the following
preliminary terms and conditions of a long-term lease of the tidelan& adjacent to the Lido
Marina Village and underlyin the existing marina:
1 Tenant: LJR Lido, Partners, L.P., a Delaware limited partnership (a partnership to
be formed by the undersigned for the sole purpose of owning and managing the Lido
Marina Village, including the marina).
2 Term: Ninety-nine (99) years, except for the Lido Investment Co., LLC and
Olen Properties Corp. leased slips which shall be twenty-five (25) years. Landlord
agrees to extend the lease for the leased slips to coincide with the rest of the slips if
Tenant acquires ownership of the leased slips.
3 Commencement: Concurrent with the close of escrow for the Lido Marina Village,
expected to occur on or after April 30, 1998.
4 Area: Approximately 4400 lineal feet consisting of approximately 85 boat
slips.
5 Rent: Based on appraisal.
6 Maintenance: Lessee shall be responsible for all repairs and maintenance during the
term of the Lease.
7 Use: Boat marina.
1224
LA01/161166.1
EASf
Gr�EEN
STREEr
PASADENA,
CALFORNLA
911()6
PH (626) 795-5087
FAx (626) 79&6504
00
Mr. Tony Melurn
January 26, 1998
Page 2
8 Renovation: Provided Lessee is not in default of any of the terms and conditions of
the Lease Agreement, Lessee shall have the option, but is not obligated,
to remodel and/or renovate the marina in whole or in part, provided
Lessee has secured the necessary approval from all governing agencies.
9 Insurance: Tenant to procure and maintain during the term of the Lease
comprehensive public liability insurance covering liabilities related to
the condition or use of the slips.
10 Appraisal: As approved by the City of Newport Beach.
Enclosed for your convenience is a draft lease for discussion purposes only.
If I can be of any assistance, or answer any questions you may have please call me anytime.
"If
Ratkovich, President
S RATKOVICH & ASSOCIATES, INC.
cc: G. Friedman
Donna Larson
Richard H. Berger
Xavier L. Sheid, II
William D. Ellis, Esq.
LA01/161166.1
FOR DISCUSSION ONLY
LEASE
THIS LEASE ("Lease"), made for reference purposes only on this . day of
, 1998, by and between the CITY OF NEWPORT, a municipal corporation and
Charter City, hereinafter, "Lessor" and LJR LIDO. PARTNERS, L.P., a Delaware limited
partnership, hereinafter, "Lessee", is made with reference to the following recitals:
RECITALS
A. Under the provisions of the Beacon Bay Bill (Chapter 740 of the Statutes
of 1978 Lessor is the grantee of certain harbor tidelands, located in the City of Newport Beach,
County of Orange, State of California ("Tidelands Grant"); and
B. Lessee is concurrently herewith acquiring all right, title and interest of
Seller (as hereinafter defined) in and to (i) that certain real property adjacent to the tidelands,
whether owned by Seller in fee simple or as ground lessee, more particularly described in
Exhibit A ("Real Property") attached hereto and by this reference made a part hereof, and (ii) all
of the boat slips adjacent to the Real Property (the "Owned Slips"), and (iii) all of the boat slips
currently leased by Seller from Lido Investment Co., LLC and Olen Properties Corp. (the
"Leased Slips"), and (iv) that certain Harbor Permit I which entitles
Seller to operate a marina in and over those tidelands underlyin g the Owned Slips and the Leased
Slips (the Owned Slips and the Leased Slips are collectively referred to as the "Boat Slips"); and
C. The Marina use to be made of these tidelands, and the terms and
conditions in this Lease are consistent with the provisions of the City Charter and Ordinances of
the City of Newport Beach, and are consistent with the provisions of the Tideland's Grant;
D. Harbor Permit is issued to Marvin Engineering,
Inc., a California corporation ("Seller"), the current owner of the Real Property and the Boat
Slips; and
E. The parties desire to enter into a long-term lease in lieu of a City Harbor
Permit.
NOW THEREFORE, THE PARTIES AGREE:
1 . LEASED PREMISES
(a) In consideration of the rent to be paid and the covenants and conditions to be
observed and performed by Lessee, Lessor hereby demises and leases to Lessee as of the
LA01/159310.2
Commencement Date, and Lessee hereby takes from Lessor, those tidelands described in
Exhibit B and depicted on the map set forth in Exhibit C, both attached hereto and incorporated
herein by this reference (the "Tidelands"), together with all rights, privileges, easements and
appurtenances belonging or in any way pertaining to the Tidelands (collectively, the "Premises"),
for the Term (as hereinafter defined), at the rental and upon the covenants and conditions set
forth in this Lease.
(b) Lessor hereby reserves all oil, oil rights, gas, minerals, mineral tights, natural gas
rights and other hydrocarbon substances in and under the Premises and the right to grant and
transfer the same, together with all necessary and convenient rights to explore for, develop,
produce and extract and take the same, subject to the express limitation that any and all
operations for the exploration, development, production, extraction and taking of any such
substance shall be carried on at levels below the depth of five hundred feet (500') from the
surface of the land by means of wells, derricks and other equipment from surface locations on
adjoining or neighboring land, and subject ftirther to all restrictions and regulations concerning
the drilling for, and production of, oil, gas, minerals, petroleum and other hydrocarbon
substances specified in the Newport Beach City Charter or the Newport Beach Municipal Code.
This reservation does not include the right of entry from the Premises or any rights that may be
inconsistent with the use of the Premises by Lessee as reasonably contemplated by this Lease.,
2. TERM
(a) The term of this Lease shall commence on the date of recording of the Grant Deed
transferring the Real Property from Seller to Lessee in the Official Records of Orange County,
California ("Commencement Date") a copy of which is attached hereto as Exhibit D, and shall
expire upon the ninty-ninth (99th) anniversary thereof (the "Expiration Date"), unless sooner
terminated as provided in this Lease (the "Term").
(b) Notwithstanding the provisions of Section 2(a), the Term of this Lease applicable
to the.Leased Slips shall expire upon the twenty-fifth (25th) anniversary of the Commencement
Date (the "Lease Slips Expiration.Date"7 d b the
,,,),,.,,unIess.said Leased Slips have been acquire y
Lessee hereunder and written notice of such acquisition is given to Lessor. Upon the Leased
Slips Expiration Date, the Base, Rent shall be reduced in the same proportion that the lineaf feet
of the.leased, Slips bear to the total lineal feet of all the Boat Slips.
QUIET POSSESSION
(a) So long as no default by Lessee has occurred under this Lease, Lessee shall
peaceably and quietly use and enjoy the Premises for the Term, without hindrance or interruption
by Lessor or any other person or persons claiming by, through or under Lessor.
(b) Lessor shall in no event be liable in damages or otherwise, nor shall Lessee be
released from any obligations hereunder, because of the interruption or termination of any
LA01/159310.2 - 2 -
I
0
service provided by the Lessor (such as, water or sewer service), or a termination, interruption or
disturbance of any service attributable to any act or neglect (other than gross negligence or
willful misconduct) of Lessor or its servants, agents, employees, licensees, business invitees, or
any person claiming by, through or under Lessee.
4. IMPROVEMENTS TO LEASED PREMISES
Lessor and Lessee acknowledge that Lessee (or Seller or Seller's predecessors or
lessors) has constructed major improvements on and adjacent to the Premises. These
improvements include, but are not necessarily limited to, bulkheads, piers, docks, floats and
related improvements which comprise a marina consisting of [ approximately 4,400 ] lineal feet
of slips for docking of boats (collectively, the "Marina Improvements") as shown on Exhibit C.
5. RENT
[(a) Lessee shall pay to Lessor as "Base Rent" the sum of
Dollars ($ per annum (the "Base Rent"), due and
payable in equal monthly installments in advance on the first day of each month, except that
the first month's rent shall be due and payable upon the execution hereof. Base Rent for any
partial calendar month during which the Lease Term commences or terminates shall be prorated
based on the actual number of days in such month.]
Y N Beginning on March 1, 1999, and continuing on each March 1 of every year of the
�pv Term thereafter, Lessee shall pay "Additional Rent" in an amount that is equal to _ percent of
the annual gross receipts generated by ren:ta o the Boat Slips. For purposes of calculating
r: 0
the Additional Rent, "gross receipts" shtVno ifnDiclude any reimbursement of Lessee or other
pass-through items, such as utilities, taxes and other operating expenses.
(c) During any period of redevelopment, in whole or in part, of the Marina
.Improvements that by its nature require that slips cannot be used for a period in excess of one
month, then Base Rent shall abate during such redevelopment period; provided, however, such
rent abatement shall not extend beyond months. In the case of any partial renovation, the
foregoing rental abatement shall be proportionate to the lineal feet then being renovated.
6. ALTERATIONS
Lessee shall have the right to make, at 7*t,,I�ole expense, such nonstructural
changes, alterations, improvements and additions inand to the Marina Improvements, provided
such changes shall conform to the City's Harbor Pefinit Policies attached hereto as Exhibit E and
incorporated herein by this reference. Structural changes shall not be ma, de to any Marina
Improvement without first submitting written plans and specifications of the proposed change,
alteration or addition to the Lessor and obtaining Lessor's written approval. Lessee shall make,
at its expense, such changes, alterations or additions in and to structures on the Premises that
LA01/159310.2
-3 -
may be required by any public law ordinance from time to time, applicable to Lessee's use and
occupancy of the Premises.
7. MARINA MAINTENANCE
(a) Lessee at its sole cost and expense, shall keep an d maintain all Marina
Improvements and related fixtures and personal property in first class order, condition and repair.
Lessee shall maintain and operate not less than lineal feet of slips available for rent.
427"J'r Maintenance dredging bayward of the property line, between the bulkhead line and the pierhead
line, shall be the responsibility of the Lessee for the zone delineated by bayward prolongations of
upland side property lines out to the U.S. project line.
(b) The Lessee agrees that the Lessor may, after reasonable advance notice to Lessee,
go upon the Premises and make any necessary repairs to the Premises, and perform any work
therein:
(i) Which may be necessary to comply with any laws, ordinances, rules or
regulations of any public entity;
(ii) That Lessor is obligated to make, under the terms of this Lease; or
(iii) That the Lessor may deem necessary to prevent waste or deterioration of
the Premises, if the Lessee does not make or cause such work to be performed promptly and
diligently after receipt of written demand, therefore from the Lessor.
Nothing herein contained shall imply any duty on the part of the Lessor to do any work which
the Lessee may be required to do, nor shall it constitute a waiver of Lessee's default. No
exercise by the Lessor of any rights reserved, shall entitle the Lessee to any damage for any
injury or i . nconvenience occasioned thereby, or to any abatement of Base Rent, however, such
repairs once commenced, shall be completed in a timely manner.
(c) In the event that Lessor makes, or causes to be made, any repairs, within the Tenn
of this Lease that is Lessee's obligation to make, Lessee shall upon demand, pay to the Lessor
the cost of such repairs, which amounts shall be due and payable upon demand and shall bear
interest from the date of demand, until totally paid, at the rate of nine ] percent 9 ]%) per
annum.
8. USE OF THE PREMISES
(a) During the term of this Lease, Lessee shall use and occupy the Premises,
principally for the operation of a marina. The marina use shall be limited to the rental of boat
slips, dock lockers, dry storage and related uses consistent with the provisions of the City Charter
and Ordinances of the City of Newport Beach, and the provisions of the Tidelands Grant.
LA01/159310.2
4: v�
(b) Lessee shall not commit or permit the commission by others of any waste on the
Premises. Lessee shall not maintain any nuisance, as defined in Section 3479 of the California
Civil Code, cin the Premises. Lessee shall not unreasonably interfere with the rights of other
harbor permittees or nearby residents, and Lessee shall not use or permit the use of the Premises
for any unlawful purpose, or in violation of any provision of law.
9. UTILITIES
Lessee shall be solely responsible for obtaining and shall promptly pay for all
water, power, sewer, and other utility services provided to the Premises.
10. RIGHT TO ENTER
Lessor expressly reserves the right, after reasonable advance notice to Lessee, to enter the
Premises and all improvements, including.a right of reasonable access to the Premises across
Lessee owned or occupied lands adjacent to the Premises, for any purpose associated with this
Lease or for carrying out any function required by law, or the rules, regulations or managment
policies of the City of Newport Beach. ,- I--
11. RULES, REGULATIONS AND TAXES
A
(a) Lessee shall comply with and be bound by'all presently existing or subsequently
.t., 'N
!,rt ach, including, but
enacted policies, regulations, statutes or ordinances of tKe-Ci e7
not limited to, rules and regulations prescribed ur6le"r"Councilrolicy H.-_L�HaTh'br Permit
G
Policies), or any other government agency or entity--Ha-V-iNg--T_dW—f@ a Chority and jurisdiction.
(b) Lessee shall obtain and maintain all permits or other entitlements necessary for
the occupancy and use of the Premises and the Marina Improvements..
(c) During the term of this lease, Lessee shall pay, prior to delinquency, any and all
taxes assessed against Lessee's possessory interest under this Lease and all other taxes,
asxsessarments, user fees or service charges imposed on or associated with the leasehold interest, or
personal property or improvements on the Premises, and such payment shall not reduce Base
Rent due Lessor under this Lease, and Lessor shall have no liability for such payment.
12. ENVIRONMENTAL REQUIREMENTS
(a) Lessee shall practice conservation of water, energy, and other natural resources
and shall prevent pollution and harm to the envirom-nent. Lessee shall not violate any law or
regulation whose purpose is to conserve resources or to protect the environment.
(b) Lessee shall not use, nor permit the use of, any hazardous wastes or materials in
the construction, reconstruction or renovations of or use of the marina improvements in violation
LA01/159310.2 5
of any applicable law, regulation, code or ordinance. Lessee shall, at its expense, comply, and
cause each of its members, licensees and/or concessionaires of space in the marina or elsewhere
adjacent to the Premises to comply with all applicable laws, regulations, codes and ordinances
relating to any hazardous regulated material, including obtaining and filing all app licable notices,
permits, licenses and similar authorizations. Lessee shall be fully responsible to clean up any
hazardous wastes, substances or materials as may be required under federal, state or local law,
regulation, or ordinance that are manufactured, generated, used, placed, disposed, stored, or
transported on the Premises by Lessee, its members, licensees and concessionaires during the
Tenn and shall comply with and be bound by all applicable provisions of such federal, state or
local law, regulation or ordinance dealing with such wastes, substances or materials. Lessee
shall notify Lessor and the appropriate governmental emergency response agency(ies)
immediately in the event of any release or threatened release of any such wastes, substances or
materials.
13. INDEMNITY
(a) Lessee agrees to defend, indemnify, protect and hold Lessor harmless from and
against any and all liability, claims, damages, penalties, actions, demands or expenses of any
kind or nature, including damage to any property and injury (including death) to any person
(collectively, "Claims"), arising from Lessee's use or occupancy of the Premises, or from any
activity, work or things done, permitted or suffered by Lessee or any omission of Lessee on or
about the Premises or from any litigation concerning any of the foregoing in which Lessor is
made a party defendant. Lessee shall not be required hereunder to defend, indemnify or hold
Landlord or any other person or entity indemnified under this Section harmless from or against
any of the Claims to the extent such Claim arises solely out of the negligence or willful
misconduct of Lessor. This obligation to indemnify shall include reasonable attorneys' fees and
investigation costs and all other reasonable costs, exp enses and liabilities incurred by Lessor or
its counsel from the first notice that any claim or demand is to be made or may be made.
(b) Upon receiving knowledge of any Claim that Lessor believes is covered by this
indenu-Aty, Lessor shall give Lessee notice of the matter and an opportunity to defend it, at
Lessee's sole cost and expense, with legal counsel satisfactory to Lessor in its sole and absolute
discretion. Lessor may also require Lessee to so defend the matter. So long as Lessee shall be
defending any such Claim, Lessor shall not settle such claim without the consent
of Lessee.
(c) Lessee shall notify Lessor immediately in case of any accident, injury or casualty
on the Premises.
14. INSURANCE
(a) Lessee shall obtain and maintain in full force and effect during the term of this
lease, comprehensive general liability insurance and property damage insurance, with such
LA01/15.9310.2
coverage and limits as may be reasonably requested by the Lessor from time to time, but in no
event for less than the sum(s) specified below, insuring Lessee and Lessor against any and all
claims or liability arising out of the ownership, use, occupancy, condition or maintenance of the
Premises and all improvements.
(i) Co=rehensive General Liabili1y Insurance. Lessee shall maintain
Comprehensive General Liability Insurance with a combined single limit for bodily injury and
property damages of Two Million Dollars ($2,000,000) (which amount shall be subject to
periodic adjustment as may be reasonably determined by Lessor upon 180 days prior notice).
The limits of liability of the insurance coverage specified in this paragraph may be provided by
any combination of primary and excess liability insurance policies.
(ii) Prope11y Insurance -Construction. During construction of any . .
improvements on the Premises, Lessee shall maintain builder's risk insurance against "all risk"
or physical loss, including without limitation the perils of flood, collapse and transit, with
deductibles acceptable to Lessor, covering the total cost of work performed, equipment, supplies
and materials furnished on a replacement cost basis. Lessee shall be pen-nitted to obtain and
maintain flood insurance in such amounts and forms as are available, from time to time, under
the National Flood Insurance Program.
(iii) PropeLly Insurance. Lessee shall obtain insurance on the marina
improvements and shall maintain insurance continuously during the Term, against "all risk'
perils of physical loss, including, but not limited to, flood, fire, lightning, riot and civil
commotion, vandalism and malicious mischief. Such insurance shall be in amounts not less than
the then full replacement cost of the Marina Improvements, without deduction for depreciation.
Such policies of insurance shall contain the "Replacement Cost Endorsement." Such fall
replacement cost shall pertain to the Marina Improvements and be determined not less often than
each two (2) years during the Tenn.
(b) Insurance carriers shall be licensed and approved to do business in California
having a general policyholders' rating of not less than B+ and financial rating of not less than
"VII" in the most current Best's Key Rating Guide.
(c) The insurance policy or policies shall name the Lessor, its officers, and employees
as additional insureds. Lessee shall provide Lessor with a certificate of such insurance and shall
keep such certificate current., The policy (or endorsement) must provide that the insurer will not
cancel the Lessee's coverage without thirty (30) days prior written notice to the Lessor. The
Lessor will not be responsible for any premiums or other assessments on the policy. The
coverage provided by the Lessee shall be primary and non-contributing.
(d) The insurance coverage specified in this Lease shall be in effect at all times during
the Tenn and subsequently until all of the Premises have been either accepted as improved, by
Lessor, or restored by Lessee.
LA01/159310.2
(e) Lessee shall not commit or permit the commission of any acts on the Premises
that would cause the cancellation of any liability or other insurance policy, insuring either the
Premises or the Marina Improvements on the Premises. Lessee shall, at its own cost and
expense, comply with any and all requirements imposed by insurance companies that carry the
policies described above.
(f) Each policy of insurance procured pursuant to this Section shall contain, either
(i) a waiver by the insurer of the right of subrogation against either party hereto for negligence of
such party; or (ii) a statement that the insurance shall not be invalidated should any insured waive
in writing prior to- a loss any or all right of recovery against any party for loss described in the
insurance policy. Lessor and Lessee each hereby waives any and all rights of recovery against
the other, and against it shareholders, officers, directors, employees, subsidiaries, partners,
servants, agents and representatives, for loss or damage arising from any cause insured against
under the form of insurance policies required to be carried pursuant to this Section or under any
other policy of insurance carried by either Lessor or Lessee. Les see and Lessor each agrees to
use reasonable efforts to obtain its liability insurance carriers' permission as to the waiver of
subrogation described above in this Section.
(g) Lessee shall at all times observe and comply with the requirements of all policies
of insurance in force with respect to the Premises or any part thereof, and Lessee shall so perform
and satisfy the requirements of the companies writing such policies so that, at all times,
companies of good standing reasonably satisfactory to Lessor shall be willing to write or to
continue such insurance. Lessee shall, if any member, licensee, concessionaire or other user of
any portion of the Premises engages in any activity in violation of the requirements of all policies
of insurance in force with respect to the Premises, or any party thereof, take steps, immediately
upon knowledge of such activity, to remedy or prevent the same, as the case may be.
15. CASUALTY
Lessee shall promptly cause the Marina Improvements, or any part, thereof, which
are damaged or destroyed, to be repaired and restored to its original condition whether or not
required to be insured against, at Lessee's sole cost and expense. Such repair and restoration
shall be commenced in good faith and with all reasonable diligence within a reasonable period of
time following casualty and shall be completed with due diligence.
k6' NO ABATEMENT OF RENT
Throughout the Tenn, no direct or indirect destruction of or damage to the Marina
Improvements or any other personal property on the Premises or any part thereof or elsewhere by
fire or other casualty whatsoever, whether such da�mage or destruction be partial or total, shall
pen -nit Lessee to surrender or terminate the Lease or relieve Lessee from its obligation to pay in
full the Base Rent and other sums and charges payable by Lessee hereunder or from any other
obligation under the Lease, except as otherwise expressly set forth herein.
LA01/159310.2
17. ASSIGNMENT, SUBLETTING AND HYPOTHECATION
(a) Except as expressly provided herein, Lessee shall not either voluntarily or by
operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease and
shall not sublet the Premises, in whole or in part, or allow any person other than the Lessee's
employees, members, agents, servants and invitees to occupy or use all or any portion of the
Premises without the prior written consent of Lessor which consent shall not be unreasonably
withheld. 'U"
1� (b) The following shall be deemed to be an assigm-nent or transfer within the meaning
of this Lease:
(i) If Lessee is a corporation, any dissolution, merger, consolidation or other
reorganization of Lessee or sale or other transfer of a percentage of capital stock of Lessee which
results in a change of controlling persons, or the sale or other transfer of substantially all the
assets of Lessee.
(ii) If Lessee is a partnership, a transfer of any interest of a general partner, a
withdrawal of any general partner from the partnership, or the dissolution of the partnership.
an�(c) Assignment. This Lease is appurtenant to the adjoining littoral or riparian land
or uplands more particularly described herein and defined above as the "Real Property."
Lessee shall not transfer or assign its ownership interest or use rights in such Real Property
adjoining the Premises separately from the leasehold rights granted by this Lease without the
prior written consent of Lessor, such consent not to be unreasonably withheld. In connection
with the sale of all or a portion of the Real Property (or otherwise provided Lessor's prior
consent has been obtained), Lessee shall have the absolute right to assign or otherwise transfer
Lessee's interest in this Lease and the estate created by this Lease to any successor of Lessee's
interest in all or any part of such adjoining Real Property (or such other person or entity provided
Lessor's prior consent has been obtained). The following conditions are applicable to Lessee's
right of assignment:
(i) Lessee shall give Lessor reasonable notice of the proposed assignment
with appropriate documentation as to the financial and operational responsibility and
appropriateness of the proposed assignee. Lessee agrees to provide Lessor with such other or
additional information and/or documentation as may be reasonably requested by Lessor.
(ii) Except as otherwise provided in this Lease for a permitted Leasehold
Mortgagee, the proposed assignee shall, in recordable form, expressly assume all the covenants
and conditions of this Lease.
LA01/159310.2 - 9 -
(iii) In the event the proposed assignee is acquiring only a portion of the
adjoining Real Property, the rights and obligations of Lessee and the proposed assignee shall be
ratably adjusted.
(iv) On any assignment made in accordance with the provisions and conditions
of this Lease, Lessee shall have no further obligation under this Lease with respect to the that
portion of the Lease so assigned, and, as between Lessor and Lessee, shall be considered to have
assigned to assignee all claims against Lessor arising under this Lease. Nothing herein contained
shall be construed to release Lessee from any liability or obligation arising before the effective
date of the assignment.
(d) Subletting. Lessee shall have the absolute right to sublet the Boat Slips and other
Marina Improvements located on the Premises, and to.assign, encumber, extend, or renew any
sublease, 'provided the following provisions are complied with:
(i) Each sublease shall contain a provision, satisfactory to Lessor and to each
Leasehold Mortgagee having an interest at the time the sublease is executed, requiring sublessee
�o ttorn' Lessor or, in the event of any proceeding to foreclose any Leasehold Mortgage, to the
easeold Mortgagee, or any person designated in a notice from Leasehold Mortgagee, if Lessee
defaults under this Lease and if the sublessee is notified of Lessee's default and instructed to
make sublessee's rental payments to the Leasehold Mortgagee or designated person as in this
L
W Section 17(d)(i).
(ii) Lessee shall, promptly after request from Lessor, provide Lessor of the
name and mailing address of each sublessee and shall, on demand, permit Lessor to examine and
copy each such sublease.
(e) Hypothecation. Notwithstanding any other provision contained in this Lease, for
the purpose of financing the acquisition of the Premises, the Real Property, the Boat Slips, the
fixtures and equipment located thereon, and the construction or reconstruction thereof, or
refinancing any such financing, Lessee shall have the right to encumber or assign its interest in
this Lease or assign its interest in any sublease hereunder by a Leasehold Mortgage (or by
foreclosure or assignment in lieu of foreclosure under such Leasehold Mortgage) to a Leasehold
Mortgagee as mortgagee.
(i) Definitions.
(a) The term "Leasehold Mortgage" as used in this Lease shall
mean a first mortgage, a first deed of trust, or other first priority security instrument or device by
which Lessee's leasehold estate is mortgaged, conveyed, assigned, or otherwise transferred, to
secure a debt or other obligation.
LA01/159310.2 -10-
(b) The term "Leasehold Mortgagee' as used in this Lease
shall refer to a lender which is the holder of a Leasehold Mortgage (which in the case of a deed
of trust is the beneficiary thereof) in respect to which the notice provided for by Section 17(e)(ii)
has been given and received and as to which the provisions of this Section 17(e) are applicable.
(ii) Notice to Landlord. Upon execution of a Mortgage otherwise entitled to
the benefits of a Leasehold Mortgage (or any amendment, supplement or modification thereto)
and in order to be entitled to such benefits, a photostatic copy of such instrument shall be
promptly delivered to Lessor -together with a certification by Lessee confirming that the
photostatic copy is a true copy of the Leasehold Mortgage and giving written notice of the name
and mailing address of the Leasehold Mortgagee (which shall be deemed such Leasehold
Mortgagee's address hereunder until changed by notic ' e to Lessor and Lessee as provided in
Section 20(c)), that the Leasehold Mortgage was recorded in the Official Records of Orange
County, California, the date of recording or filing of record thereof and recorder's instrument
number reference or other recorder's index reference, and that such Leasehold Mortgage is a first
lien on Lessee's interest in this Lease.
(iii) Cancellation, Surrender and Modification. No cancellation, surrender or
modification of this Lease shall be effective as to any Leasehold Mortgagee unless consented to
in writing by such Leasehold Mortgagee.
(iv) Notice of Default and Right to Cure. Lessor, upon providing Lessee any
notice of. (A) default under this Lease, (B) a tennination of this Lease, or (C) a matter on which
Lessor may predicate or claim a default, shall at the same time provide a copy of such notice to
any Leasehold Mortgagee. No such notice by Lessor to Lessee shall be deemed to have been
duly given unless and until a copy thereof has been so provided to any Leasehold Mortgagee.
From and after such notice has been given to a Leasehold Mortgagee, such Leasehold Mortgagee
shall have,the same period, after the receipt of such notice, for remedying any default or acts or
omissions which are the subject matter of such notice, as is given Lessee after the giving of such
notice to Lessee, plus in each instance, the additional periods of time specified in Sections
17(e)(v) and 17(e)(vi), to remedy or commence remedying the defaults or acts or omissions
which are specified in any such notice. Lessor shall accept such performance by such Leasehold
Mortgagee as if the same had been done by Lessee. Lessee authorizes each Leasehold
Mortgagee to take any such action at such Leasehold Mortgagee's option and does hereby
authorize entry upon the Premises by the Leasehold Mortgagee for such purposes.
(v) Termination for Tenant Default. Anything contained in this Lease to the
contrary notwithstanding, if any default shall occur which entitles Lessor to terminate this Lease,
Lessor shall have no right to terminate this Lease unless, following the expiration of the period of
time given Lessee to cure such default and Lessee has not cured,the default or the act or omission
which gave rise to such default, Lessor shall notify any Leasehold Mortgagee of Lessor's intent
to so terminate at least fifteen (15) days in advance of the proposed effective date of such
termination, if such default is capable of being cured by the payment of money, and at least thirty
LA01/159310.2 - 11 -
(30) days in advance of the proposed effective date of such termination if such default is not
capable of being cured by the payment of money. The provisions of Section 17(e)(vi) below
shall apply if, during such thirty (30) day cure period, any Leasehold Mortgagee shall:
(A) notify Lessor of such Leasehold Mortgagee's desire to avoid any
termination of this Lease by Lessor; and
(B) pay or cause to be paid all rent and other payments then due and un
arrears as specified in the notice to. such Leasehold Mortgagee and which may become due
during such cure period; and
(C) comply, or in good faith and with reasonable diligence commence
to comply, with all nonnionetary requirements of this Lease then in default and reasonably
susceptible of being complied with by such Leasehold Mortgagee (provided, however, that such
Leasehold Mortgagee shall not be required during such period to cure or commence to cure any
default consisting of Lessee's failure to satisfy and discharge any lien, charge or encumbrance
against Lessee's interest in this lease or the Premises junior in priority to the lien of the
Leasehold Mortgage held by such Leasehold Mortgagee, so long as such lien, charge or
encumbrance does not also encumber or threaten Lessor's interest in the Real Property or the
Premises).
(vi) Procedure In Event of Default.
A
(A) If Lessor shall elect to terminate this Lease by reason of any
default of Lessee, and if a Leasehold Mortgagee shall have proceeded in the manner provided for
by Section 17(e)(v), the specified date for the termination of this Lease as fixed by Lessor in its
termination notice shall be extended for a period of six (6) months provided that such Leasehold
Mortgagee shall, during such six (6) month period:
J (1) Pay or cause to be paid the Base Rent, Additional Rent and
other monetary obligations of Lessee under this Lease as the same become due, and continue its
good faith efforts to perform all of Lessee's other obligations under this Lease, excepting
(a) obligations of Lessee to satisfy or otherwise discharge any lien, charge or encumbrance
against Lessee's interest in this Lease or the Premises junior in priority to the lien of the
Leasehold Mortgage held by such Leasehold Mortgagee, so long as such lien, charge or
encumbrance does not also encumber or threaten Lessor's interest in the Real Property or the
Premises and (b) past nonnionetary obligations then in default and not reasonably susceptible of
being cured by such Leasehold Mortgagee; and
(2) If not enjoined or stayed, take steps to- acquire or sell
Lessee's interest in this Lease by foreclosure of the Leasehold Mortgage or other appropriate
means and prosecute the same to completion with due diligence.
LA01/159310.2 -12-
(B) If at the end of such six (6) month period such Leasehold
Mortgagee is complying with Section 17(e)(vi)(A), this Lease shall not then ten-ninate, and the
time for completion by such Leasehold Mortgagee of its proceedings shall continue so long as
such Leasehold Mortgagee is enjoined or stayed and thereafter for so long as such Leasehold
Mortgagee proceeds to complete steps to acquire or sell Lessee's interest in this Lease by
foreclosure of the Leasehold Mortgage or by other appropriate means with reasonable diligence
and continuity. Nothing in this Section 17(e)(vi), however, shall be construed to extend this
Lease beyond the Term, nor to require a Leasehold Mortgagee to continue such foreclosure
proceedings after the subject Lessee default has been cured. If the default shall be cured and the
Leasehold Mortgagee shall discontinue such foreclosure proceedings, this Lease shall continue in
full force and effect as if Lessee had not defaulted under this Lease.
(C) If a Leasehold Mortgagee is complying with Section 17(e)(vi)(A),
upon the acquisition of Lessee's leasehold estate herein by such Leasehold Mortgagee or its
designee or any other purchaser at a foreclosure sale or otherwise, and upon the discharge of any
lien, charge or encumbrance against the Lessee's interest in this Lease or the Premises which is
junior in priority to the lien of the Leasehold Mortgage held by such Leasehold Mortgagee and
which the Lessee is obligated to satisfy and discharge by reason of the terms of this Lease, this
Lease shall continue in fall force and effect as if Lessee had not defaulted under this Lease.
(D) The making of a Leasehold Mortgage shall not be deemed to
constitute an assignment or transfer of this Lease or of the leasehold estate hereby created, nor
shall any Leasehold Mortgagee, as such, be deemed to be an assignee or transferee of this Lease
or of the leasehold estate hereby created so as to require such Leasehold Mortgagee, as such, to
assume the performance of any of the terms, covenants or conditions on the part of Lessee to be
performed hereunder, but the purchaser at any sale of this Lease and of the leasehold estate
hereby created in any proceedings for the foreclosure of any Leasehold Mortgage, or the assignee
or transferee of this Lease and of the leasehold estate hereby created under any instrument of
assigm-nent or transfer in lieu of the foreclosure of any Leasehold Mortgage, shall be deemed to
be an assignee or transferee within the meaning of this Lease, and shall be deemed to.have
agreed to perform all of the terms, covenants and conditions on the part of Lessee to be
performed hereunder from and after the date of such purchase and assignment.
(E) Any Leasehold Mortgagee or other acquirer of the leasehold estate
of Lessee pursuant to foreclosure, assignment in lieu of foreclosure or other proceedings may,
upon acquiring Lessee's leasehold estate, sell and assign the leasehold estate on such terms and
to such persons and entities as are acceptable to Leasehold Mortgagee or acquirer and thereafter
be relieved of all obligations under this Lease, provided that, if such sale or assignment is not
made together with a sale or assignment of the Real Property, the Lessor consents to the sale or
assignment in advance, such consent not to be unreasonably withheld. No other or further
assignment shall be made except in accordance with the provisions of Section 17 of this Lease.
Upon execution of any assignment permitted to be made to or by the Leasehold Mortgagee a
fully executed copy thereof, together with a written statement of the place of recording or filing
LA01/159310.2 - 13-
of record, if any, and a copy of the assumption agreement, if applicable, shall.be delivered
promptly to Lessor; and until such delivery to Lessor such assignment shall have no force or
effect whatsoever on the enforcement by Lessor of any provisions of this Lease or any rights or
remedies hereunder.
(F) Notwithstanding any other provisions of this Lease, any sale of this
Lease and of the leasehold estate hereby created in any proceedings for the foreclosure of any
Leasehold Mortgage, or the assignment or transfer or this Lease and of the leasehold estate
hereby created in lieu of the foreclosure of any Leasehold Mortgage shall be deemed to be a
permitted sale, transfer or assignment of this Lease and of the leasehold estate hereby created.
(vii) Termination of Lease. If the Lease shall for any reason be terminated or
rejected in a bankruptcy proceeding prior to the expiration of the Term hereof, whether by reason
of a default by Lessee, a bankruptcy or otherwise (regardless of whether Le'asehold Mortgagee
failed to exercise its right to cure pursuant to Section 17(e)(iv), or otherwise), Lessor shall
promptly give written notice of such termination or rejection to Leasehold Mortgagee, and upon
request by Leasehold Mortgagee to Lessor within thirty (30) days after receipt of such notice,
Lessor shall enter into a new lease of the Premises with Leasehold Mortgagee on the same terms
and conditions as are set forth in this Lease and for the remaining term thereof. The obligation of
Lessor to enter into any such Lease with Leasehold Mortgagee shall be subject only to payment
by Leasehold Mortgagee of all past due rent and other amounts accrued under the Lease prior to
the date of termination or rejection.
(viii) No Merg . So long as any Leasehold Mortgage is in existence, unless
any Leasehold Mortgagee shall otherwise expressly consent in writing, the fee title to the Leased
Premises and the leasehold estate of Lessee therein created by this Lease shall not merge but
shall remain separate and distinct, notwithstanding the acquisition of said fee title and said
leasehold estate by Lessor or by Lessee or by a third party, by purchase or otherwise.
(ix) Estoppel. Lessor shall, without charge, at any time and from time to time
hereafter, within fifteen (15) days after written request from Lessee to do so, certify by written
instrument duly executed and acknowledged to any Leasehold Mortgagee or purchaser, or
proposed Leasehold Mortgagee or proposed purchaser, or any other person or entity specified in
such request: (a) as to whether this Lease has been supplemented or amended, and if so, the
substance and manner of such supplement or amendment; (b) as to the validity and force and
effect of this Lease, in accordance with its tenor; (c) as to the existence of any default hereunder;
(d) as to the existence of any offsets, counterclaims or defenses hereto on the part of Lessee;
(e) as to the commencement and expiration dates of the Tenn; and (f) as to any other matters as
may be reasonably so requested. Any such certificate may be relied upon by Lessee and any
other person or entity to whom the same may be exhibited or delivered, and the contents of such
certificate shall be binding on the Lessor.
LAOI/159310.2 -14-
(x) Notices. Notices from Lessor to the Leasehold Mortgagee shall be mailed
to the address furnished Lessor pursuant to Section 20(c), and those from the Leasehold
Mortgagee to Landlord shall be mailed to the address designated pursuant to the provisions of
Section 20(c) hereof Such notices, demands and requests shall be given in the manner described
in Section 20(c) and shall in all respects be governed by and shall be deemed to be effective in
accordance with the provisions of that Section.
18. DEFAULT AND REMEDIES
(a) The occurrence of any one or more of the following shall constitute a default by
Lessee:
Failure of Lessee to pay Base Rent or Additional Rent due hereunder
within thirty (30) days after written notice from Landlord; or
(ii) Any failure by Lessee to perform any of the other terms, conditions or
covenants of this Lease to be observed or performed by Lessee after thirty 130) days written
notice from Landlord.
(iii) Lessee becoming insolvent or filing any debtor proceedings, or should ' any
adjudications in bankruptcy be rendered against Lessee, or should Lessee take or have taken
against it, in any court pursuant to any statute either of the United States or of any State, a
petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or
trustee of all or a portion of Lessee's property, and should the same not be discharged within one
hundred twenty (1�0) days thereafter; or
(iv) Lessee permitting the Premises to become vacant or unoccupied for thirty
(30) consecutive days after written notice to Lessee (except for vacancies caused by any Force
Majeure or by remodeling, reconstruction, alterations or repairs permitted under this Lease); or
(v) The appointment of a trustee or receiver to take possession of substantially
all of the assets of Lessee located at the Premises or Tenant's interest in this Lease or the
Premises, where possession is not restored within thirty (30) days.
(b) Except for the payment of Base Rent, if the nature of Lessee's default or breach
under this paragraph is such that more than thirty (30) days are reasonably required for its cure,
then Lessee shall not be deemed to be in default or breach if Lessee commences such cure within
such thirty (30) day period and diligently proceeds with such cure to completion.
(c) Remedies
LA01/159310.2 -15 -
In the event of a default or breach by Lessee and Lessee's failure to cure such
default or breach, Lessor may (subject to the rights of the Leasehold Mortgagee) at any time and
with or without notice do any one or more of the following:
(i) Re-enter the Premises, remove all persons and property, and repossess and
enjoy such Premises.
U, (ii) Terminate this Lease and Lessee's right of possession of the Premises.
4 Such termination shall be effective upon Lessor's giving written notice and upon receipt of such
WI notice, Lessee shall immediately surrender possession of the Premises toLessor.
N
(iii) Maintain this Lease in fall force and effect and recover any rental, royalty,
X,
or other consideration as it becomes due, without terminating Lessee's right of possession,
regardless of whether Lessee shall have abandoned the Premises.
(iv) Exercise any other right or remedy which Lessor may have at law or in
equity.
19. RESTORATION OF PREMISES
(a) Upon expiration or sooner termination of this Lease, Lessor upon written notice,
may take title to any or all Marina Improvements, including fills, or Lessor may require Lessee to
remove all or any such Marina Improvements at its sole expense and risk; or Lessor may itself
remove or have removed all or any portion of such Marina Improvements at Lessee's sole
expense. Lessee shall deliver to Lessor such documentation as may be necessary to convey title
to such improvements to Lessor, free and clear of any liens, mortgages, loans or any other
encumbrances, subject to the reversionary interest of lessors, if any, of any (i) Leased Slips or
(ii) Owned Slips adjacent to ground leased Real Property.
(b) In removing any such Marina Improvements, Lessee shall restore the Premises as
nearly as possible to the conditions existing prior to their installation or construction.
(c) All plans for and subsequent removal and restoration shall be to the satisfaction of
Lessor and shall be completed within ninety (90) days after the expiration or sooner termination
of this Lease.
(d) In removing any or all the Marina Improvements, Lessee shall be required to
obtain any permits or other governmental approvals as may then be required by lawful authority.
20. ADDITIONAL PROVISIONS
(a) Waiver.
LA01/159310.2 -16-
(i) No term, covenant, or condition of this Lease and no default or breach of
any such term, covenant or condition shall be deemed to have been waived by Lessor's
acceptance of a late or nonconforming performance or otherwise, unless such a waiver is
expressly acknowledged by Lessor in writing.
(ii) Any such waiver shall not be deemed to be a waiver of any other term,
covenant or condition of this Lease.
(b) Time. Time is of the essence of this Lease and each and all of its terms, covenants
or conditions in which performance is a factor.
(c) Notice.
(i) All notices required to be given under this Lease shall be given in writing,
sent by U.S. Mail with postage prepaid, to Lessor at the offices of the City of Newport Beach,
Attn: City Manager, and to Lessee and Leasehold Mortgage (if any) at the addresses specified in
this Lease. Lessee and Leasehold Mortgagee may give Lessor notice of any change in its name
or address.
(ii) Until such notice of change, all notices to Lessee shall be sent to: LJR
LIDO PARTNERS, L.P., c/o James Ratkovich & Associates, Inc., 1224 East Green Street, Suite
10 1, Pasadena, California 91106, Attn: James Ratkovich.
(iii) Until such notice of change, all notices to Leasehold Mortgagee shall be
sent to: LEHMAN BROTHERS HOLDINGS, INC., doing business as Lehman Capital, a
division of Lehman Brothers Holdings, Inc., a Delaware corporation, Three World Financial
Center, Twelfth Floor, New York, New York 10285, Attn: Xavier L. Sheid, II.
(d) Recordation ofMemorandum. Lessor and Lessee hereby covenant and agree to
execute concurrently herewith a Memorandum of Lease in the form of Exhibit F and Lessee shall
record such Memorandum within three (3) business days after the Commencement Date. Lessee
shall pay all fees, costs, taxes and expenses in any way related to such Memorandum or its
recordation.
(e) Consent. Where Lessor's consent is required under this Lease, its consent for one
transaction or event shall not be deemed to be a consent to any subsequent occurrence of the
same or any other transaction or event, provided, however, that Lessor's consent shall not be
unreasonably withheld, conditioned or delayed.
(f) Changes. This Lease may be ten-ninated and its term, covenants and conditions
amended, revised or supplemented only by mutual written agreement of the parties.
LA01/159310.2 - 17 -
(g) Successors. The terms, covenants and conditions of this Lease shall extend to and
be binding upon and inure to the benefit of the heirs, successors, and assigns of the respective
parties.
. (h) Captions. The captions of this Lease are not controlling and shall have no effect
upon its construction or interpretation.
LAOI/159310,2 18 -
(i) Severability. If any term, covenant or condition of this Lease is determined by a
court of competent jurisdiction to be invalid, it shall be considered deleted and shall not
invalidate any of the remaining terms, covenants and conditions.
0) Attorneys'Fees. Should either Lessor or Lessee bring any action in connection
with this Lease, the prevailing party shall be entitled to recover as a part of the action its
reasonable attorneys' fees, and all other costs. The prevailing party for the purpose of this
paragraph shall be detennined by the trier of the facts.
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS
AGREEMENT EFFECTIVE AS OF THE DATE HEREIN PROVIDED.
LESSOR
For City of Newport Beach
Attest:
Mayor
City Clerk
Approved As To Form:
Assistant City Attorney
LA01/159310.2 -19-
LESSEE
LJR LIDO PARTNERS, L.P., a
Delaware limited partnership
By:
Its:
Name:
EXHIBIT A
(REAL PROPERTY DESCRIPTION)
LA01/159310.2
(TIDELANDS DESCRIPTION)
LA01/159310.2
EXHIBIT C
(MAP DEPICTING BOAT SLIPS)
LA01/159310.2
EXHIBIT D
(GRANT DEED)
LA01/159310.2
EXHIBIT E
(HARBOR POLICIES)
LA01/159310.2
EXHIBIT F
(MEMORANDUM OF LEASE)
LA01/159310.2
DRAFi,'N,�
fi�
FOR DISCUSSION ONLY
LEASE
THIS LEASEfi� ("Lease'l made for reference purposes only on this
day of E:-, 19 1 , 199& by and between the EGity of Newport]
CITY OF NEWPORT, a municipal corporationfJ and Charter City, hereinafter, "Lessor" and
[the Bahia GarirAhi Y.,J. t Glulv, a G ifa�a, rian prefit Garparation, hereinafter, "J:;esseeq
LJR LIDO PARTNERS, L.P., a Delaware limited partntELhip
, hereinafter, "Lessee", is
imade with reference to the following recitals:
RECITALS
A. Under the provisions of the Beacon Bay Bill (Chapter 740 of the Statutes
of 1978 ), Lessor is the grantee of certain harbor tidelands, located in the City, of Newport Beach,
County of Orange, F("Tidelands GrarA") and 4State of California ("Tidelands Gr
FW§
G. Harbor Permit 9 10 1 1801 1 is issued to Ga4ifimnia Reereation, a dba of The h=vine eampany,
the ow-ner of the up! R. Lessee is concurrently herewith acquiring all right title and
interest of Seller (as hereinafter defined) in and to Ji) that certain real property adjacent to
the tidelands, [and ]whether owned by Seller in fee simpltjr-gs rouWd lessee, more
p, -
particularly described in Exhibit A ("Real PropejUll) attached hereto and by this reference
made a part hereof. -and fli) all of the boat slips adjacent to the Real-Propeju (the "Owned
Slips"), and (iii) all of the boat slips currently leased by Seller from Lido Investment Co._,
LLC and Olen Properties Corp. (the "Leased Slips"), and (iv
J that certain Harbor Permit
which entitles Seller to operate a marina in and over those
tidelands underlying the Owned Slips and the Leased Slips (the Owned Slips and the
Leased Slips are collectively referred to as the "Boat Slips"); and
FJ C. The Marina use to be made of these tidelands, and the terms and conditions in this [leasei
Lease are consistent with the provisions of the City Charter and Ordinances of the City of
Newport Beach, and are consistent with the provisions of the [Tideland's GrantriTideland's
Grant-
LA01/166350.1
COMPARE BAHIA CORINTHIAN LEASE TO LIDO MARINA
FG. Lessor and 1:;essee entered ii -Aa that eertain Optiatt Agreement for the 1:;ease a
Real Property dated as of -) 1995 (the "E)ptiaft Agreement") graitting Lessee the right to
enter into a lease for the Premises e- *11:- *--Q and eanditiefts set fbrth herein. Lessee has dul
exeretsedd stteh option, a4l eanditions preeedent to stieh exereise have been satisfied, and there
exists flo e v ent %if defatilt by Lessee tmder the E)ption AgreemerA as of the date of the exereise a
the optianby Lessee or the date hereofl D. Harbor Permit is issued
to Marvin Eneineerine. Inc., a California corvoration ("Seller"), the current owner. of the
Real Properly and the Boat Slips, and
E. The parties desire to enter into a long-term lease in lieu o
Harbor Permit.
NOW THEREFORE, THE PARTIES AGREE:
1. LEASED PREMISES
Oa In consideration of the rent to be paid and the covenants and conditions to be
observed and performed by Les see, Lessor hereby demises and leases to Lessee as of the
Commencement Date, and Lessee hereby takes from Lessor, those tidelands described in
Exhibit B and depicted on the map set forth in Exhibit C, both attached hereto and
incorporated herein by this reference (the."Tidelands"), together with all rights, privileges,
easements and appurtenances belonging or in any wgy ptrjaftning to the Tidelands
(collectively, the "Premises"), for the Term (as hereinafter dermed). at the rental andApon
the covenants and conditions set forth in this Lease.
W Lessor hereb Eln eaftsideratiatt of the rent to be paid and the eovenants an
eanditiatte to be observed and perfermedby 1:;essee, Lessor leases to the.Lessee these tidelan
desetibed in Ei4tibit A and depieted on the map aftehed, as Eidtibit B, (the "Premises"). EesseTj
reserves all oil, oil rights, gas, minerals, mineral rights, natural gas rights and other hydrocarbon
substances in and under the Premises and the right to grant and transfer the same, together with
all necessary and convenient rights to explore for, develop, produce and extract and take the
same, subject to the express limitation that any and all operations for the exploration,
development, production, extraction and taking of any such substance shall be carried on at
levels below the depth of five hundred feet (500') from the surface of the land by means of wells,
derricks and other Hequipment from surface locations on adjoining or neighboring land, and
subject further to all restrictions and regulations concerning the drilling for, and production of,
oil, gas, minerals, petroleum and other hydrocarbon substances specified in the Newport Beach
City Charter or the Newport Beach Municipal Code. This reservation does not include the
right of entry from the Premises or any rights that may be inconsistent with the use of the
Premises by Lessee as reasonably contemplated by this Lease -
[The Temtj 2. TERM
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COMPARE BAHIA CORINTHIAN LEASE TO LIDO MARINA 2
(a) The term of this Lease shall commence on the date Efirst written above] of
recording of the Grant Deed transfe�ring the Real PropeM from Seller to Lessee in the
Official Records of Orange Counly, California ("Commencement Date") a copy of which is
attached hereto as Exhibit D, and shall expire upon the Efitirty fiRh ninly-ni
anniversary thereof (the "Expiration Date"), unless sooner terminated as provided in this
EagreetnerAj Lease (the "Term").
Notwithstanding the provisions of Section 2(a), the Term of this Lease
applicable to the Leased Slips shall expire upon the twenty-fifth (25th) anniveEEqU of the
Commencement Date (the "LegiLSlips Expiration Date"), unless said Leased S1
been acquired by the Lessee hereunder and written notice of such acquisition iLgiyen to
Lessor. Upon the Leased Slips Expiration Date, the Base Rent shall be reduced in the same
proportion that the lineal feet of the Leased. Slips bear to the total lineal feet of all the Boat
Mo.
3. QUIET POSSESSION
La) So long as no default by Lessee has occurred under this Lease, Lessee shall
peaceably and quietly use and enjoy the Premises for the Term, without hindrance or interruption
by Lessor or any other person or persons claiming by, through or under Lessor.
M Lessor shall in no event be liable in damages or otherwise, nor shall Lessee be
released from any obligations hereunder, because of the interruption or termination of any
service provided by the Lessor f
i(such as, water or sewer service), or a termination, interruption or disturbance of any service
attributable to any act or neglect (other than gross negligence or willful misc 0�nducj) of Lessor
or its servants, agents, employees, licensees, business f
Jinvitees , or any person claiming by, through or under Lessee.
4. IMPROVEMENTS TO LEASED PREMISES
Lessor and Lessee acknowledge that Lessee (or Seller or Seller's predecessors
or lessors) has constructed Emayeri improvements on and adjacent to the Premises.
These improvements include, but are not necessarily limited to, bulkheads, piers, docks, floats
and related improvements which comprise a marina consisting of E2,50 !J[ approximately 4,400
lineal feet of slips for docking of boats H, (collectively, the "Marina EimprovemerAsj
Improvements") as shown on Exhibit FB. Of 4te-�94 finea4 feet of sli:ns for daekint+oat-s-z-
2,079 linea4 fee+ of s.ueh slins aree� laeated an State Tidelands. W14eh are the subi eet- of this ]�;ease
and sha4l ser�ve as thebasis for ea4ettlafitw rent herein be1ffw-.JQ
E5. REN 5. RENT
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COMPARE BAHIA CORINTHIAN LEASE TO LIDO MARINA 3
FUpan exeetAiott of this leaseiff(a) Lessee shall pay to Lessor [the stim of
thousand, two huftdfed, fifty six dollars att4 fifty one eents ($29,M6. 5 1), ift twelvef as "Base
Rent" the sum of Dollars ($ ) per
annum (the "Base Rent"), due and payable in equal monthly installments [of two ausand
four ltundfed and thirty eight dollars and fouf eeiTts ($2,438.94) payable oft the first of eaell
month, aitd every year thereafter Lessee shall pay rent whielt swn is equal to 9] in advance on
the first day of each month, except that the first month's rent shall be due and -pay -able
upon the execution hereof. Base Rent for any partial calendar month during which the
Lease Term commences or terminates shall be prorated based on the actual number of
days in such month.
Begingi" on March 1, 1999, and continuigg" each March 1 of gyLry
=year
of the Term thereafter, Lessee shalljftay "Additional Rent" in an amount that is ggiLal to
— percent of the annual gross receipts Efi�om slip rentals generated by 2,979 liiteal feet of
marina slirls at a rerAa4 r -Me of $13.03 per lineal feet, the ("renta4 rate") or sue4t rerAa4 rate as may
be adjusted as praVi4ed in Paragraph 6 below. generated by the rental of the Boat Slips. For
purposes of calculating the Additional Rent, "gross receipts" shall not include anu
reimbursement of Lessee or other ipass-through items, such as utilities, taxes and other
operating_gXpenses.
[6. RENT J(e) During an
redevelopment in whole or in part, of the MgEjRLjMUovements that by its nature require
that slips cannot be used for a period in excess of one month, then Base Rent shall abate
during such redevelopment perigd- p
, rovided, however, such rent abatement shall not
extend bevond months. In the case of any partial renovation, the foregoi
abatement shall be proportionate to the lineal feet then being renovated.
716. ALTERATIONS
Lessee shall have the right to make, at its sole expense, such nonstructural
changes, alterations, improvements and additions in and to the Emanina impr6yements, butj
LA01/166350.1
COMPARE BAHIA CORINTHIAN LEASE TO LIDO MARINA 4
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716. ALTERATIONS
Lessee shall have the right to make, at its sole expense, such nonstructural
changes, alterations, improvements and additions in and to the Emanina impr6yements, butj
LA01/166350.1
COMPARE BAHIA CORINTHIAN LEASE TO LIDO MARINA 4
Marina Improvements, provided such changes shall conform to the EGity'sj Q11 Harbor
Permit Policies Eand Exhibit -Bi attached hereto as Exhibit E and incorporated hgEda-by this
reference. Structural changes shall not be made to any Emaritta improvementi Marina
Improvement without first submitting written plans and specifications of the proposed change,
alteration or addition to the Lessor and obtaining ET.:esser'si Lessor's written approval. Lessee
Fshalli shall make, at its expense, such changes, alterations or additions in and to structures on
the Premises that may be required by any public law ordinance from time to time, applicable to
ELessee's Lessee's use and occupancy of the Premises.
i �
f8i 7. MARINA MAINTENANCE
(g) Lessee at its sole cost and expense, shall keep and maintain all Emarin
nentsi Marigg Improvements and related fixtures and personal property in first class
order, condition and repair. Lessee shall maintain and operate not less than E2,07 �[ . I
lineal feet of slips available for rent. Maintenance dredging bayward of the property line,
between the bulkhead line and the pierhead line, shall be the responsibility of the Lessee for the
zone delineated by bayward prolongations of upland side property lines out to the U.S. project
line.
(W The Lessee agrees that the Lessor may. after reasonable advance notice to
Lessee go upon the [leasedi Premises and make any necessary repairs to the Premises, and
perform any work therein:
f+� Which may be necessary to comply with any laws, ordinances, rules or
regulations of any public entity;
f2-)JQi That Lessor is obligated to make, under the terms of [thin lease,] this
Lease-. or
f,--32% UR , That the Lessor may deem necessary to prevent waste or
deterioration of the Premises, if the Lessee does not make or cause such work to be performed
promptly and diligently after receipt of written demand, therefore from the
iLessor,
Nothing herein contained shall Eapplyi imply any duty on the part of the Lessor to do any work
which the Lessee may be required to do, nor shall it constitute a waiver of [Lessee'si Lessee's
default. No
exercise by the Lessor of any rights reserved, shall entitle the Lessee to any damage for any
injury or inconvenience occasioned thereby, or to any abatement of frenti Rase Rent, however,
such
repairs once commenced, shall be completed in a timely manner.
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COMPARE BAHIA CORINTHIAN LEASE TO LIDO MARINA 5
Le) In the event that Lessor makes, or causes to be made, any repairs, within the
ftermi Term of this Eleasej Lease that is EJ:;essee'sj Lessee's obligation to make, Lessee shall
upon demand, pay to the Lessor the cost of such repairs, which amounts shall be due and payable
upon demand and shall bear interest from the date of demand, until totally paid, at -the rate of
nine I percent E(9%) per annum.
M 8. USE OF THE PREMISES
(g) During the term of this Lease, Lessee shall use and occupy the Premises,
principally for the operation of a marina. The marina use shall be limited to the rental of boat
slips, dock lockers, dry storage and related uses consistent )yjLh the provisions of thg QU
Charter and Ordinances of the Cily of Newport Beach, and the provisions of the Tidelands
Grant.
ffl�-_
i Lessee shall not commit or permit the commission by others of any waste on the
Premises. Lessee shall not maintain any nuisance, as defined in Section 3479 of the California
Civil Code, on the Fleased] Premises. Lessee shall not unreasonably interfere with the rights of
other harbor permittees or nearby residents, and Lessee shall not use or permit the use of the
Premises for any unlawful purpose, or in violation of any provision of law.
H -9i 9. UTILITIES
Lessee shall be solely responsible for obtaining and shall promptly pay for all
water, power, sewer, and other utility services provided to the Premises.
f44i 10. RIGHT TO ENTER
f(I-)i Lessor expressly reserves the right, after reasonable advance notice to Lessee, to
enter the Premises and all improvements, including a right of reasonable access to the
Premises across Lessee owned or occupied lands adjacent to the Premises, for any purpose
associated with this Lease or for carrying out any function required by law, or the rules,
regulations or management policies of the City of Newport Beach.
4-21111. RULES, REGULATIONS AND TAXES
(a) Lessee shall comply with and be bound by all presently existing or subsequently
enacted policies, regulations, statutes or ordinances of the City of Newport Beach, including, but
LA01/166350.1
COMPARE BAHIA CORINTHIAN LEASE TO LIDO MARINA 6
not limited to, rules and regulations prescribed under Council Policy H-1 (Harbor Permit
Policies), or any other government agency or entity having lawful authority and jurisdiction.
(b) Lessee Eunderstands and agrees 4tat a neeessary eendition f6r the granting and
eantinued existenee of this Lease is that 1:;esseei shall obtain and maintain all Epenttitaj
or other entitlements necessary for the occupancy and use of the Premises and the Marina
Improvements..
(c) During the term of this lease, Lessee shall pay, prior to delinquency, any and all
taxes assessed against ELessee'sj Lessee's possessory interest under this Lease and all other
taxes, assessments, user fees or service charges imposed on or associated with the leasehold
interest, or personal property or improvements on the Premises, and such payment shall not
reduce frerAj Base Rent due Lessor under this Lease, and Lessor shall have no liability for such
payment.
fl -3j 12. ENVIRONMENTAL REQUIREMENTS
(a) Lessee shall practice conservation of water, energy, and other natural resources
and shall prevent pollution and harm to the environment. Lessee shall not violate any law or
regulation whose purpose is to conserve resources or to protect the environment.
(b) Lessee shall not use, nor permit the use of, any hazardous wastes or materials in
the construction, reconstruction or renovations of or use of the marina improvements in violation
of any applicable law, regulation, code or ordinance. Lessee shall, at its expense, comply, and
cause each of its members, licensees and/or concessionaires of space in the marina or elsewhere
adjacent to the Premises to comply with all applicable laws, regulations, codes and ordinances
relating to any hazardous regulated material, including obtaining and filing all applicable notices,
permits, licenses and similar authorizations. Lessee shall be fully responsible to clean up any
hazardous wastes, substances or materials as may be required under federaL state or local law,
regulation, or ordinance that are manufactured, generated, used, placed, disposed, stored, or
transported on the Premises by Lessee, its members, licensees and concessionaires during the
E16ease tenni Term and shall comply with and be bound by all applicable provisions of such
federal, state or local law, regulation or ordinance dealing with such wastes, substances or
materials. Lessee shall notify Lessor and the appropriate Egaventmenft4j governmental
emergency response agency(ies) immediately in the event of any release or threatened release of
any such wastes, substances or materials.
f4 -4J 13. INDEMNITY
(a) Lessee agrees to defend, indemnify, protect and hold Lessor harmless from and
against any and all liability, claims, damages, penalties, actions, demands or expenses of any
kind or nature, including damage to any property and injury (including death) to any person
(collectively, "Claims"), arising from E�Lessee's use or oeeupation of the Premises of firam any
LA01/166350.1
COMPARE BAHIA CORINTHIAN LEASE TO LIDO MARINA 7
aetivity, work or thing" done, pen-Aitted or sttRered by Lesseei Lessee's use or occupancy of the
Premises, or from any activity, work or things done, permitted or suffered by Lessee or any
omission of Lessee on or about the Premises or from any litigation concerning any of the
foregoing in which Lessor is made a party [Defimdanfj defendant.. Lessee shall not be required
hereunder to defend, indemnify or hold Landlord or any other person or entity indemnified under
this Section harmless from or against any of the Claims to the extent such Claim arises solely out
of the negligence or willful misconduct of Lessor. This obligation to indemnify shall include
reasonable Faltarneysli fees and investigation costs and all other reasonable costs,
expenses and liabilities incurred by Lessor or its counsel from the first 'notice that any claim or
demand is to be made or may be made.
(b) Upon receiving knowledge of any Claim that Lessor believes is covered by this
indemnity, Lessor shall give Lessee notice of the matter and an opportunity to defend it, at
R:;essee' Lessee's sole cost and expense, with legal counsel satisfactory to Lessor in its sole and
absolute discretion. Lessor may also require Lessee to so defend the matter. So long as Lessee
shall be defending any such Claim, Lessor shall not settle such claim without the consent
of Lessee.
(c) Lessee shall notify Lessor immediately in case of any accident, injury or casualty
on the Premises.
f49 14. INSLTANCE
(a) Lessee shall obtain and maintain in fall force and effect during the term of this
lease, comprehensive general liability insurance and property damage insurance, with such
coverage and limits as may be reasonably requested by the Lessor from time to time, but in no
event for less than the sum(s) specified below, insuring Lessee and Lessor against any and all
claims or liability arising out of the ownership, use, occupancy, condition or maintenance of the
Premises and all improvements.
(i) Co=rehensive General Liabilfty Insurance. Lessee shall maintain
Comprehensive General Liability Insurance with a combined single limit for bodily injury and
property damages of Two Million Dollars ($2,000,000) H, (which amount shall be subject to
periodic adjustment as may be determined by fGityi Lessor upon 180 days prior
noticel. The limits of liability of the insurance coverage specified in this paragraph may be
provided by any combination of primary and excess liability insurance policies.
(ii) Prope1V Insurance -Construction. During construction of any
improvements on the Premises, Lessee shall maintain Ebuilder'si builder's risk insurance against
f411J."all riskf9=" or physical loss, including without limitation the [pefi3s] RUM of flood,
collapse and transit, with deductibles acceptable to Lessor, covering the total cost of work
performed, equipment, supplies and materials furnished on a replacement cost basis. Lessee
LA01/166350.1
COMPARE BAHIA CORINTHIAN LEASE TO LIDO MARINA 8
shall be permitted to obtain and maintain flood insurance in such amounts and forms as are
available, from time to time, under the National Flood Insurance Program.
(iii) Prol2gLfty Insurance. Lessee shall obtain insurance on the marina
improvements and shall maintain insurance continuously during the Tenn, against "all risk"
perils of physical loss, including, but not limited to, flood, fire, lightning, riot and civil
commotion, vandalism and malicious mischief. Such insurance shall be in amounts not less than
the then full replacement cost of the finarina improvementsi Marina Improvements,, without
deduction for depreciation. Such policies of insurance shall contain the "Replacement Cost
Endorsement." Such full replacement cost shall pertain to the EProjeet and FmrAsbingsj Marina
Improvements and be determined not less often than each two (2) years during the Term.
(b) Insurance carriers shall be licensed and approved to do business in California
having a general [polieyholdersyj policyholders' rating of not less than B+ and financial rating
fafj af not less than "VII" in the most current EBest's] Best's Key Rating Guide.
(c) The insurance policy or policies shall name the Lessor, its officers, and. employees
as additional insureds. Lessee shall provide Lessor with a certificate of such insurance and shall
keep such certificate current. The policy (or endorsement) must provide that the insurer will not
cancel the EJ=essee'sj Lessee's coverage without thirty (30) days prior written notice to the '
Lessor. The Lessor will not be responsible for any premiums or other assessments on the policy.
The coverage provided, by the Lessee shall be primary and non-contributing.
(d) The insurance coverage specified in this Lease shall be in effect at all times during
the ELease tentil Term and subsequently until all of the Premises have been either accepted as
improved, by Lessor, or restored by Lessee.
(e) Lessee shall not commit or permit the commission of any acts on the Premises
that would cause the cancellation of any liability or other insurance policy, insuring either the
Premises or the Eimproveme Marina Improvements on the Premises. Lessee shall, at its
own cost and expense, comply with any and all requirements imposed by insurance companies
that carry the policies described above.
(f) Each policy of insurance procured pursuant to fthej this ' Section shall contain,
either (i) a waiver by the insurer of the right of subrogation against either party hereto for
negligence of such party; or (ii) a statement that the insurance shall not be invalidated should any
insured waive in writing prior to a loss any or all right of recovery against any party for loss
described in the insurance policy. Lessor and Lessee each hereby waives any and all rights of
recovery against the other, and against it shareholders, officers, directors, employees,
subsidiaries, partners, servants, agents and representatives, for loss or damage arising ftom. any
cause insured against under the form of insurance policies required to be carried pursuant to this
Section or under any other policy of insurance carried by either Lessor or Lessee. Lessee and
LA011166350.1
COMPARE BAHIA CORINTHIAN LEASE TO LIDO MARINA 9
Lessor each agrees to use reasonable efforts to obtain its liability insurance Eearriers'j carriers'
permission as to the waiver of subrogation described above in this Section.
(g) Lessee shall at all times observe and comply with the requirements -of all policies
of insurance in force with respect to the Premises or any part thereof, and Lessee shall so perform
and satisfy the requirements of the companies writing such policies so that, at all Etimenj ji�mes,
companies of good standing reasonably satisfactory to Lessor shall be willing to write or.to
continue such insurance. Lessee shall, if any member, licensee, concessionaire or other user of
any portion of the Premises engages in any activity in violation of the requirements of all policies
of insurance in force with respect to the Premises, or any party thereof, take steps, immediately
upon knowledge of such activity, to remedy or prevent the same, as the case may be.
F -6j 15. CASUALTY
Lessee shall promptly cause the [marina impra-vements] Marina Improvements,
or any part, thereof, which fisi are damaged or destroyed, to be repaired and restored to its
original condition whether or not required to be insured against, at FLessee'sj Lessee's sole cost
and expense Such repair and restoration shall be commenced in good faith and with all
Ereason-able _�;,Iig_ -ee widtin ail reasonable diligence within a reasonable period of time following
casualty and shall be completed with due diligence.
f+9 L6. NO ABATEMENT OF RENT
Throughout the Term, no direct or indirect destruction of or damage to the
[marina tsi Marina Improvements or any other personal property on the, Premises
or any part thereof or elsewhere by fire or other casualty whatsoever, whether such damage or
destruction be partial or total, shall pen -nit Lessee to surrender or terminate the Lease or relieve
Lessee from its f
jobligation. to pay in full the frtrAj Base Rent and other sums and charges payable by Lessee
hereunder or from any other obligation under the Lease, except as otherwise expressly set forth
herein.
E 18. AS SIGNI?vE4�r-F ENGUNIBRANGNG E)R SUBL-ET:FFNGj 1-7. ASSIGNMENT,
SUBLETTING AND HYPOTHECATION
f (a)-JUa Except as gxpigssly-provided herein, Lessee shall not either voluntarily
or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease
and shall not sublet the Premises, in whole or in part, or allow any person other than the
Ef=essee' Lessee's employees, members, agents, servants and invitees to occupy. or use all or
81 �
any portion of the Premises without the prior written consent of Lessor which consent shall not
be unreasonably withheld.
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COMPARE BAHIA CORINTHIAN LEASE TO LIDO MARINA
(b) The following shall be deemed to be an assignment or transfer within the meaning
of this Lease:
If Lessee is a corporation, any dissolution, merger, consolidation or other
reorganization of Lessee or sale or other transfer of a percentage of capital stock of Lessee which
results in a change of controlling persons, or the sale or other transfer of substantially all the
assets of Lessee.
f-'L)ii 10 If Lessee is a partnership, a transfer of any interest of a general
partner, a withdrawal of any general partner from the partnership, or the dissolution of the
partnership.
-----------
[L1nv.:qA1= 1 1201
4-55�t Assipnment. This Lease is appurtenant to the adjoining littoral or riparian land and/or
uplands more particularly described herein and defined above as the "Real Prqp±rty,"
Lessee shall not transfer or assign its ownership interest or use rights in such Real PropertE
adjoining the Premises separately from the leasehold rights granted by this Lease without
the prior written consent of Lessor, such consent not to be unreasongbly withheld. In
connection with the sale of all or_Lpqrtion of the Real Property (or otherwise provided
Lessor's prior consent has been obtained), Lessee shall have the a6solute right to assign or
otherwise transfer Lessee's interest in this Lease and the estate creatLd by this Lease tq n
successor of Lessee's interest in all or any part of such adjoining Real`Prope!:O� �rsuc&
other person or entily provided Lessor's prior consent has been obtaine!d). The fgllowing
conditions are applicable to Lessee's right of assignment:
(ft Lessee shall give Lessor reasonable notice of the proposed assignment
with appropriate documentation as to the financial and operational responsibililyAo
appropriateness of the proposed assignee. Lessee agrees to provide Lessor with such other
or additional information and/or documentation as may be reasonably requested by
Lessor.
j in Except as otherwise provided in this Lease for a permitted Leasehold.
Mortgagee, the proposed assignee shall, in recordable form, expressly assume all the
covenants and conditions of this Lease.
ffia In the event the proposed assignee is acquiring only a portion of the
adjoining Real Properly, the rights and obligations of Lessee and the propos
shall be ratably adjusted.
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COMPARE BAHIA CORINTHIAN LEASE TO LIDO MARINA
(iv) On any assignment made in accordance with the provisions and
conditions of this Lease, Lessee shall have no further obligation under this Lease with
respect to the that portion of the Lease so assignLd and as between Lessor and Lessee
shall be considered to have assigned to assignee all claims against Lessor arisigg-nnder this
Lease. Nothing herein contained shall be construed to release Lessee from any liabilily or
obligation arising before the effective date of the assignment.
Ldl Subletting. Lessee shall have the absolute right to sublet the Boat Slips and
other Marina Improvements located on the Premises, and to assin, encumber, extend or
renew any sublease, provided the following provisions are complied with:
Qi Each sublease shall contain a provision, satisfactoly to Lessor and to
each Leasehold Mortgagee havigEin i
-�nterest at the time the sublease is execute
sublessee to attorn to Lessor or, in the event of any proceeding to foreclose any Leasehold
Mortgage, to the Leasehold Mortgagee, or any person designated in a notice from
Leasehold Mortgagee, if Lessee defaults under this Lease and if the sublessee is notified of
Lessee's default and instructed to make sublessee's rental payments to the Leasehold
Mortgagee or designated person as in this Section 17(dgil.
CHI Lessee shall, promptly after request from Lessor, provide Lessor of
the name and mailing address of each sublessee and shall, on demand, permit Lessor to
examine and copy each such sublease.
f je &pothecation. Notwithstanding any other provision contained in this Lease
for the purpose of financing the acguisition of the Premises, the Real Properly, the Bo
Slips, the fixtures and equipment located thereon, and the construction or reconstruction
thereof, or refinancing any such financing, Lessee shall have the right to encumber or
asdj�n its interest in this Lease or assign its interest in any sublease hereunder by a
Leasehold Mortgage (or by foreclosure or assignment in lieu of foreclosure under such
Leasehold Mortgage) to a Leasehold MoRiagee as mor'
Qi Definitions.
(g) The term "Leasehold Mortgaye" as used in this Lease
shall mean a first mortgage, a first deed of trust, or other first priorily securily instrument
or device by which Lessee's leasehold estate is ifiortgaged, conveyed,,_��r otherwise
transferred, to secure a debt or other obligglon.
(b) The term "Leasehol-d Mortgagee" as used in this Lease
shall refer to a lender which is the holder of a Leasehold Mort2a2e (which in the case of a
deed of trust is the beneficiary thereof) in respect to which the notice provided for by '
Section 17(e)(ii) has been tFiven and received and as to which the Drovisions of this Section
17(e) are applicable
LA01/166350.1
COMPARE BAHIA CORINTHIAN LEASE TO LIDO MARINA 12
(ii) Notice to Landlord. Upon execution of a Mortgage otherwise entitled
to the benefits of a Leasehold Mortgage (or any amendment, supilement or modification
thereto) and in order to be entitled to such benefits, a photostatic copy of such instrument
shall be promptly delivered to Lessor together with a certification by Lessee confirming
that the photostatic copy, is a true copy of the Leasehold Mortgage and giving written notice
of the name and maijjgg_�ss of the Leasehold Mortgagee Lwhich shall be deemed such
Leasehold Mortgagee's address hereunder until changed by notice to Lessor and Lessee as
provided in Section -20(c)), that the Leasehold Mortgage was recorded in the Official
Leasehold Mortgage is a first lien on Lessee's interest in this Lease.
JW Cancellation, Surrender and Modiflcation. No cancellation
surrender or modification of this Lease shall be effective gj to any Leasehold Morigggee
unless consented to in writing by such Leasehold Mortgggee.
Civj Notice of Default and Right to Cure. Lessor, upon providing Lessee
any notice of.- UA default under this Lease, ffl) a termination of this Lease, or (C) a matter
on which Lessor may predicate or claim a default shall at the same time provide a copy of
such notice to any Leasehold Mortgagee. No such notice by Lessor to Lessee shall be
deemed to have been duly given unless and until a copy thereof has been so provided to any
Leasehold Mortgagee. From and after such notice has been given to a Leasehold
m ee, such Leasehold Mortgagee shall have the saMLpgriod
after the re eipt of such
notice, for remedying any default or acts or omissions which are the subject matter of such
notice, as is given Lessee after the giving of such notice to Lessee, plus in each instance, the
additional periods of time specified in Sections 17(e)(y and 17(e)(vi , to remedy or
commence remedying the defaults or acts or omissions which are specified in anylggh
notice. Lessor shall accept such performanct by such Leasehold Mortgagee as if the same
had been done by Lessee. Lessee authorizes each Leasehold Mortgagee to take any such
action at such Leasehold MortggZgtja-qpfi2n and does -hereby authorize entr
Premises by the Leasehold Mortgagee for such purposes.
_W Termination for Tenant Default. Anything contained in this Lease to
the contraLry notwithstanding, if any default shall occur which entitles Lessor to terminate
this Lease, Lessor shall, have no right to terminate this Lease unless, following the
expiration of the period of time given Lessee to cure such default and Lessee has not cured
the default or the act or omissiop
-ffhich-g�ve rise to such default, Lessor shall ngiffy any
Leasehold Mortga2ee of Lessor's intent to so terminate at least fifteen (15) days in advance
of the proposed effective date of such terfiiination, if such default is capable of h&j&gW
by the payment of mongy, and at least thirly (30) days in advance of the proposed effective
date of such termination if such default is not capable of being cured by the payment of
mon". The provisions of Section 17(e)(vij below shall apply if, during such thijU (30) da
cure period, any Leasehold Moftgggee shall:
LA01/166350.1
COMPARE BAHIA CORINTHIAN LEASE TO LIDO MARINA 13
(A) notify Lessor of such Leasehold Mortgagte
Ls desire to avoid
any termination of this Lease by Lessor, and
W) pay or cause to be paid all rent and other pgyments then due
and in arrears as specified in the notice to such Leasehold Mortiagee and which may
become due during such cure period; and
comply, or in good faith and with reasonable diligtnce
commence to comply, with all nonmonetaLry requirements of this Lease then in default and
reasonably susceptible of being complied with by such Leasehold Mortgagee (provided,
however, that such Leasehold Mortgagee shall not be required durinlIgSh_period to cure
or commence to cur It consisting of Lessee's failure to s.atisfy and discharge any
lien, charge or encumbrance against Lessee's interest in this lease or the Premises junior i
priorily to the lien of the'Leasehold Mortgage held by such Leasehold Mortgagggjp long
as such lien, charge or encumbrance does not also encumber or threaten Lessor's interest
in the Real ProperU or the Pre
Lvi) Procedure In Event of Default.
I UA If Lessor shall elect to terminate this Lease by reason of any
default of Lessee, and if a Leasehold Mortgagee shall have proceeded in the manner
provided for by Section 17(ej(v
I the specified dkte for the termination of this Lease as fixed
by Lessor in its termination notice shall be extended for a period of six (6) months provided
that such Leasehold Mortgagee shall, during such six (6) month period:
JU Pay or cause to be paid the Base Rent, Additional Rent
and other monetaLry obligations of Lessee under this Lease as the same become due, and
continue its good faith efforts to ptLform all of Lessee's other obligations under this Lease,
excepting (a) obligations of Lessee to satisfy or otherwise discharge any lien, ch
encumbrance against Lessee's interest in this Lease or the Premises junior in priori1y to the
lien of the Leasehold Mortgage held by such Leasehold Mortgagee, so long as such lien,
charge or encumbrance does not also encumber or threaten Lessor's interest in the Real
Properly or the Premises and (b) past nonmonetaLry obligations then in default and not
reasonably susceptible of being cured by such Leasehold Mortgagee-, and
(2) If not enjoined or stayed, take stggLjq_a�cuire or sell
Lessee's interest in this Lease by foreclosure of the Leasehold Modgage or other
appropriate means -and prosecute the same to completion with due diligence,
fA) If at the end of such six (6) month period such Leasehold ,
Mortgagee is complying with Section 17(e and
)(y)(A), this Lease shall not then terminate
the time for completion by such Leasehold -Mortgagee of its proceedings shall continue so
long as such Leasehold Mortgagee is enjoined or stayed and thereafter for so loREAs such
LA01/166350.1
COMPARE BAHIA CORINTHIAN LEASE TO LIDO MARINA 14
Leasehold Mortgagee proceeds to complete steps to acquire or sell Lessee's interest in this
Lease by foreclosure of the Leasehold Mortgage or by other appropriate means ' with
reasonable diligtnce and contin�ijy. Nothing in this Section 17LeRvji . however, shall be
construed to extend this Lease beyond the Term, nor to require a Leasehold Mortgagee to
continue such foreclosure proceedings after the subject Lessee default has been cured. If
the default shall be cured and the Leasehold M t ee shall discontinue such foreclosure
proceedings, this Lease shall continue in full force and effect as if Lessee had not defaulted
under this Lease.
JQ If a Leasehold Mortgagee is complying with Section
17(e)(vi)(A), upon thLggquisition of Lessee's leasehold estate herein b
y such Lea sehold.
Mortgagee or its designee or any otheLpgrchaser at a foreclosure sale or otherwise, and
upon the discharge of any lien, charge or encumbrance against the Lessee's interest in this
Lease or the Premises which is junior in priorily to the lien of the Leasehold MoEWage held
by such Leasehold Mortgagee and which the Lessee is obligated to satisf and discharge b
y
reason of the terms of this Lease, this Lease shall continue in full force and effect as if
Lessee had not defaulted under this Lease.
(M The MAkLng of a Leasehold Mortgage shall not be deemed to
constitute an assignment or transfer of this Lease or of the leasehold estate hereb
nor shall any Leasehold Mortgaggggs such, be deemed to be an assignee or transferee of
this Lease or of the leasehold estglLhereby created so as to require such Leasehold
Mortgagee, as such, to assume the performaggt9f any of the terms, covenants or conditions
on the part of Lessee to be performed hereunder, but the purchaser gLapy sale of this
Lease and of the leasehold estate hereby created in any proceedings for the foreclosure of
any Leasehold Morigage. or the assignee or transferee of this Lease and of the leasehold.
estate hereby created under any instrument of assignment or transfer in lieu of the
foreclosure of any Leasehold MgEiggge, shall be deemed to be an assigngLaLkgnsferee
within the meaning of this Leaseand shall be deemed to have agreed to perform all of the
terms, covenants and conditions _q�he �art of Lessee to be performed hereunder from and
after the date of such purchase and assignment.
JU Any Leasehold Mortgagee or other acquirer of the leasehold.
estate of Lessee pursuant to foreclosure, assignment in lieu of foreclosure or other
proceedings may, upon acquiring Lessee's leasehold estate, sell and assign the leasehold
estate on such terms and to such persons and entities as are acceptable to Leasehold
Mortgagee or acquirer and thereafter be relieved of all obligations'under this Lease,
provided that if such sale or assignment is not made together with a sale or as
the Real Properly, the Lessor consents to the sale or assignment in advance, such consent
not to be unreasonably withheld. No other or further aaaigg-ment shall be made except in
accordance with the_p __p
�isions of Section 17 of this Leasg. U on execution of am
assignment permitted to be made to or by the Leasehold Mortgagee a fully extggjW-gqU
thereof, together with a written I statement of the place of recording or filing of record, if
LA01/166350.1 15
COMPARE BAHIA CORINTHIAN LEASE TO LIDO MARINA
any, and a copy of the assumption agreement, if applicable, shall be delivered promptly to
Lessor, and until such delivery to Lessor such assignment shall have no force or effect
whatsoever on the enforcement by Lessor of g
Ay.provisions of this Lease or anLjjZhtLU
remedies hereunder.
(Fj Notwithstanding any other provisions of this Lease, any sale of
this Lease and of the leasehold estate hereby created in any proceedings for the formlosure
of any Leasehold Mortgage, or the assignment or transfer or this Lease and of the leasehold
estate hereby created in lieu of the foreclosure of any Leasehold MorigUeshall be deemed
to be a permitted sale, transfer or assignment of this Lease and of the leasehold estate
hereby created.
!(XW Termination of Lease. If the Lease shall for any reason be terminated
or rejected in a bankruptcy proceeding prior to the exp:iration of the Term hereofwhether
by reason of a default by Lessee, a bankruptcy or otherwise (regardless of whether
Leasehold Mortgagee failed to exercise its - right to cure pursuant to Section 17
otherwise), Lessor shall promptly give written notice of such termination oKxejection to
Leasehold Mortgagee, and upon request by Leasehold -Mortgagee to Lessor wijhjajhLr&
(30) days after receipt of such notice, Lessor shall enter into a new lease of the Premises
with Leasehold Mortgagee on the same terms and conditions as are set forth in this Lease
and for the remaining term thereof. The obligation of Lessor to enter into any such Lease
with Leasehold Mortgagee shall be subject only to payment by Leasehold Mortgggtg of all
past due rent and other amounts accrued under the LeaELgrjqEjgLthe date of termination
or rejection.
fjo No Merger. So long as any Leasehold Mortgage is in existence.,.unless
any Leasehold Mortgagee shall otherwise expressly consent in writing, the fee title to the
Leased Premises and the leasehold estate of Lessee therein created by this Lease shall not
merge but shall rem ' ain separate and distinct notwithstanding the acquisition of said fee
title and said leasehold estate by Lessor or by Lessee or by a third parly, by purchase or
otherwise.
Estoppel. Lessor shall, without charge, at any time and from time to
time hereafter, within fifteen (15) days after written request from Lessee to do so, certif b
y y
written instrument duly executed and acknowledged to any Leasehold MortgaZge or
purchaser, or proposed Leasehold Mortgagee or proposed purchaser, or any other person
or enft specified in such request: (a) as to whether this Lease has been supplemented or
amended, and if so, the substance and manner of such supplement or amendment-, (Lb) as to
the validijy and force and effect of this Lease, in accordance with iLs tenor c as to the
existence of any default hereunder
,jd) as to the existence of any offsets, counterclaims or
defenses hereto on the part of Lessee, (e) as to the commencement and expiration dates of
the Term-, and (1) as to any other matters as mgy be reasonably so requested. Any such
certificate may be relied upon by Lessee and any otheLperson or entity to whom the same
LA01/166350.1
COMPARE BAHIA CORINTHIAN LEASE TO LIDO MARINA 16
may be exhibited or delivered, and the contents of such certificate shall be binding -an the
Lessor.
Ux Notices. Notices from Lessor to the Leasehold Mortgagee shall be
mailed to the address furnished Lessor rsuant to Section 20 c and those from the
_____Ru -- C),
Leasehold Mortgagee to Landlord shall be mailed to the address dedgaaltd-pmrsuant to
the provisions of Section 20(c) hereof. Such notices, demands and requests shall be.,given in
the manner described in Section 20(c) and shall in all respects be goytEged by and shall be
deemed to be effective in accordance with the provisions of that Section.
18. DEFAULT AND REMEDIES
(a) The occurrence of any one or more of the following shall constitute a default by
Lessee:
(i) Failure of Lessee to pay Base Rent or Additional Rent due hereunder
within thirty (30) days after written notice from Landlord; or
(ii) Any failure by Lessee to perform any of the other terms, conditions or
covenants of this Lease to be observed or performed by Lessee after thirty 130) days written
notice from Landlord.
(iii) Lessee becoming insolvent or filing any debtor proceedings, or should any
adjudications in bankruptcy be rendered against Lessee, or should Lessee take or have taken
against it, in any court pursuant to any statute either of the United States or of any State, a
petition in barAmiptcy or insolvency or for reorganization or for the appointment of a receiver or
trustee of all or a portion of [T=essee'sl Lessee's property, and should the same not be discharged
within one hundred twenty (120) days thereafter; or
(iv) Lessee permitting the Premises to become vacant or unoccupied for
Efifteett consecutive days after written notice to Lessee (except for vacancies
caused by any Force Majeure or by remodeling, reconstruction, alterations or repairs permitted
under this Lease); or
(v) The appointment of a trustee or receiver to take possession of substantially
all of the assets of Lessee located at the Premises or [Teitant'si Tenant's interest in this Lease or
the Premises, where possession is not restored within thirty (30) days.
(b) Except for the payment of freitti Base Rent, if the nature of EJ=essee's] Lessee's
default or breach under this paragraph is such that more than thirty (30) days are reasonably
required for its cure, then Lessee shall not be deemed to be in default or breach if Lessee
LA01/166350.1
COMPARE BAHIA CORINTHIAN LEASE TO LIDO MARINA 17
commences such cure within such thirty (30) day period and diligently proceeds with such cure
to completion.
(c) Remedies
In the event of a default or breach by Lessee and [T=essee's] Lessee's failure to
cure such default or breach, Lessor may (subject to the rights of the Leasehold Mort
2ageje at
any time and with or without notice do any one or more of the following:
tHiol Re-enter the [Lease] Premises, remove all persons and property,
and repossess and enjoy such Premises.
ff 2_)iol Terminate this Lease and Elzessee'si Lessee's right of possession of
the Ef:;easej Premises. Such termination shall be effective upon EEessar'sj Lessor's giving
written notice and upon receipt of such notice, Lessee shall immediately surrender possession of
the E-T-:;easej Premises to Lessor.
f(3 -)J Maintain this Lease in full force and effect and recover any rental,
royalty, or other consideration as it becomes due, without terminating El=essee'si Lessee's right of
possession, regardless of whether Lessee shall have abandoned the [Lease] Premises.
f (4)JJ Uv Exercise any other right or remedy which Lessor may have at law
or in equity.
f2_()i 19. RESTORATION OF PREMISES
(a) Upon expiration or sooner termination of this Lease, Lessor upon written notice,
may take title to any or all Fimprovem Madng,�rovements, including fills, or Lessor
may require Lessee to remove all orany such Fimprovem Marina Improvements at its sole
expense and risk; or Lessor may itself remove or have removed all or any portion of such
Fimprovernents at T=essee's] Mariga Improvements at Lessee's sole expense. Lessee shall
deliver to Lessor such documentation as may be necessary to convey title to such improvements
to Lessor, frde and clear of any liens, mortgages, loans or any other encumbrances
the reversionary interest of lessors, if any, of any (i) Leased Slips or (ii) Own
adjacent to ground leased Real
(b) In removing any such Eimprovem MarinA Improvements, Lessee shall
restore the Premises as nearly as possible to the conditions existing prior to their installation or
construction.
(c) All plans for and subsequent removal and restoration shall be to the satisfaction of
Lessor and shall be completed within ninety (90) days after the expiration or sooner termination
of this Lease.
LA01/166350.1
COMPARE BAHIA CORINTHIAN LEASE TO LIDO MARINA 18
(d) In removing any or all the [improvem Marina Improvements, Lessee shall
be required to obtain any permits or other govenunental approvals as may then be required by
lawful authority.
f2 -H 20. ADDITIONAL PROVISIONS
(a) Waiver.
ff4-)JQi No term, covenant, or condition of this Lease and no default or
breach of any such term, covenant or condition shall be deemed to have been waived by
Ef:;essor'si Lessor's acceptance of a late or nonconforming performance or otherwise, unless such
a waiver is expressly acknowledged by Lessor in writing.
ff 2)ij Qi Any such waiver shall not be deemed to be a waiver of any other
term, covenant or condition of this Lease.
(b) Time�f
Time is of the essence of this Lease and each and all of its terms, covenants or conditions in
which performance is a factor.
(c) Notice.
Qi All notices required to be given under this Lease shall be given in writing,
sent by U.S. Mail with postage prepaid, to Lessor at the offices of the City of Newport Beach,
Attn: City Manager, and fthei Lo Lessee and Leasehold Mortgage (if an_yj at the Eaddressl
addresses specified in this Lease. Lessee Esha4fl and Leasehold Mort give Lessor
notice of any change in its name or address.
®R Until such notice of change, all notices to Lessee shall be sent to: [B2641
GE)RR4TITIAN YAGHT GL44B, 1600 Baysi4e Drive, Garatia del Mar, GA 9:2625. ARft!
I LJR LIDO PARTNERS, L.P., c/o James
Ratkovich & Associates, Inc., 1224 East Green Street, Suite 101, Pasadena, California
91106, Attn: James Ratkovich.
[(d) Gonseittjai�ij Until such notice of change, all notices to Leasehold
Mortgagee shall be sent to: LEYINLAN BROTHERS HOLDINGS, INC., doing business as
Lehman Capital, a division of Lehman Brothers Holdings, Inc. a Delaware c
Three World Financial Center, Twelfth Floor, New York, New York 10285, Attn: Xavier
L. Sheid
,11.
EWhere 1;essror�Ldj Recordation ofMemorandum. Lessor and Lesseg hereby
covenant and agree to execute concurrently herewith a Memorandum of Lease in the form
LA01/166350.1
COMPARE BAHIA CORINTHIAN LEASE TO LIDO MARINA 19
of Exhibit F and Lessee shall record such Memorandum within three (3) busint�s�
after the Commencement Date. Lessee shall pay all fees, ' costs, taxes and expens
way related to such Memorandum or its recordation.
Oe Consent. Where Lessor's consent is required under this Lease, its consent for
one transaction or event shall not be deemed to be a consent to any subsequent occurrence of the
same or any other transaction or event, provided, however, that Lessor's consent shal not be
unreasonably withheld, conditioned or del ed.f-.4
U This Lease may be terminated and its term, covenants and conditions
amended, revised or supplemented only by mutual written agreement of the parties.
JW Successors. The terms, covenants and conditions of this Lease shall extend to and be
binding upon and inure to the benefit of the heirs, successors, and assigns of the respective
parties.
iflil The captions of this Lease are not controlling and shall have no effect upon its
construction or interpretation.
LAOI/166350.1
COMPARE BAHIA CORINTHIAN LEASE TO LIDO MARINA - 20 -
(i) SeverabilityJ
J If any term, covenant or condition of this Lease is determined by a court of competent
jurisdiction to be invalid, it shall be considered deleted and shall not invalidate any. of the
remaining terms, covenants and conditions.
Jttqrnag��. Should either Lessor or Lessee bring any action in
connection with this Lease, the prevailing parly shall be entitled to recover as a part of the
action its reasonable attorneys' fees, and all other costs. The prevailing paju for the
purpose of this paragraph shall be determined by the trier of the facts.
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS
AGREEMENT EFFECTIVE AS OF THE DATE [FaST- WP,4TTE-N ABOVE] HEREIN
PROVIDED.
LESSOR
For City of Newport Beach
LESSEE
[Bal4a Gerinthian Yaeht (31tibi LJR
LIDO PARTNIERS. L.P., a
Delaware limited partnershi
E?vlayor] By:
Mayor Its:
Name:
Attest:
City Clerk
Approved As To Form:
Assistant City Attor
LAOI/166350.1
COMPARE BAHIA CORINTHIAN LEASE TO LIDO MARINA 2 1
EXHIBIT A
MEAL PROPERTY DESCRIMON)
LA01/166350.1
COMPARE BAHIA CORINTHIAN LEASE TO LIDO MARINA
EXHIBIT B
(TIDELANDS DESCRIPTION
j
LA01/166350.1
COMPARE BAHIA CORINTHIAN LEASE TO LIDO MARINA
EXHIBIT C
(MAP DEPICTING BOAT SLLPS
A
LAOI/166350.1
COMPARE BAHIA CORINTHIAN LEASE TO LIDO MARINA
EXHIBIT D
(GRANT DEED
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COMPARE BAHIA CORINTHIAN LEASE TO LIDO MARINA
EXHIBIT E
(HARBOR POLICIES
5-)
LA01/166350.1
COMPARE BAHIA CORINTHIAN LEASE TO LIDO MARINA
EXHIBIT F
(MEMORANDUM OF LEASE) frALW-3-t. Gity 7kito
LA01/166350.1
COMPARE BAHIA CORINTHIAN LEASE TO LIDO MARINA
COMPARISON OF HEADERS
-HEADERI-
DRAFT 1/27/98
FOR DISCUSSION ONLY
COMPARISON OF FOOTERS ------------------
-FOOTER 1-
[I A W-L157589.1i
LA01/159310.2 U===
LA01/166350.1
COMPARE BAHIA CORINTHIAN LEASE TO LIDO MARINA
This redlined draft, generated by CompareRite - The Instant Redliner, shows the differences
between -
original document : I:\PUBLIC\DICK2580\157580.1
and revised document: I:\PUBLIC\DICK2580\1 59310.2
CompareRite found 182 change(s) in the text
CompareRite found 2 change(s) in the notes
Deletions appear as struck -through text surrounded by
Additions appear as bold+dbl underlined text
LA01/166350.1
COMPARE BAHIA CORINTHIAN LEASE TO LIDO MARINA
Po�
CITY OF NEWPORT BEACH
-8915
P.O. BOX 1768, NEWPORT BEACH, CA 92658
F0 V,
Marvin Engineering Co.
260 w. Beach Ave.
Inglewood, Ca. 90203
Attention: Donna Larson, Lido Village Management
Re: transfer Harbor Permit 124-3400-1 for 3400 Via Lido, Newport
Beach
Sirs:
The City of Newport Beach Fire and Marine Department has received
a request to transfer pier permit 124-3400-1 for the above
mentioned property. The facility was inspected by Fire Inspector
Russ Cheek, Senior Building Inspector Ray Baltera, and City Harbor
Inspector Wes Armand.
We cannot transfer the pier permit until all deficiency have been
corrected and we have been notified of the corrections.
This is a summary of the corrections required for the fire
protection equipment.
1. At the west end of the facility (near the Elks Club),
approximately three fire cabinets must be installed to service
these docks, including extending the Fire Department water line to
these docks. The Pipe must have all proper fittings, hoses, and
with 2 outlet on sides.
2. All current cabinets must be serviced and in some locations (ie
C Dock & A Dock) replaced. All cabinets must be totally functional
with'thQ required extinguishers, proper hoses, and glass panels.
3 ' There is a temporary PVC pipe attached to the side of a hose
OV/ cabinet (set up for the Boat Show) that must be removed and
replaced with the proper 2 1-2," outlet. ()
The Mar-Ine Division Harbor Inspector found a slip finger on D Dock
that is on too sharp of an angled and is a hazard to foot traffic.
There are some cleats that should be reattached.
The Building Department Inspector found no deficiencies at the
present time.
3300 Newport Boulevard, Newport Beach
The Newport Beach City Council Harbor Permit Policies state:
10. D. "At the time of transfer, all harbor structures
shall be inspected for compliance with the City's
minimum plumbing, electrical and structural
requirements, and the conditions of the existing
permit. All deficiencies must be corrected prior to
transfer of the
Permit."
To contact Fire Inspector Russ Cheek, call 644-3107. Please advise
Wes Armand when the deficiencies have been corrected. Call 644-
3044 to request a re -inspection.
Wes Armand
Harbor Inspector
NEWPORT BEACH FIRE AND MARINE DEPARTMENT
A -q,
Donna Larson
Lido Marina Village Management
3421 Via Oporto
Newport Beach, Ca 92663
Re: Marina Liveaboards
Dear Donna:
This letter is a summary of our recent on-site meeting regarding tenants
living aboard vessels in Lido Marina Village. The threshold for nights
aboard a vessel before the individual is considered living aboard, is 72
hours or three nights a week, on an ongoing basis. There is a condition
in the Lido Village Harbor Permit that forbids liveaboards. Permitting
liveaboards; in the marina is a violation of Lido Marina's Harbor Permit.
This City of Newport Beach Fire and Marine Department has received
complaints that there are fiveaboards in Lido Marine Village.
Please take all the necessary steps to identify who theseliveaboards are
and do whatever is needed to have them cease staying aboard their
vessels over night.
Your cooperation in this matter will be appreciated.
Sincerely,
Wes Armand
Fire and Marine Department
Marine Environmental Management
LIDO
MARINA
VILLAQ
ON THE WATER FRONT IN NEWPORT BEACH, CALIFORNIA
MANAGEMENT/LEASING OFFICE
3400 VIA OPORTO, SUITE 104 NEWPORT BEACH, CA 92663-6302 - (714) 675-8662 - FAX: (714) 673-8517
October '27,_ 1997
SUMMARY
PARKING STRUCTURE
The City of Newport Beach has allocated 64 parking spaces
to the Marina in their most recent approved parking summary
(May 21, 1998). See attached City report.
A 30 day survey was conducted as to the number of cars
using the parking structure during a 30 day period.
September was chosen because of the boat show (9/23 to
9/27). The average daily count was 141.
CHARTER PARKING
Approximately 70% of the charter events are after 6:OOPM.
Additional spaces become after 6:OOPM as the parking
assigned to office/retail is available.
occasionally Lido Marina Village may not be able to
accommodate the charter company's and their parking needs.
When this happens the charter company is responsible to
find alternative parking.
The charter company's at Lido do not always use the parking
at Lido. Company's like the ICON (Norm Goodin) who have
off-site parking agreements do not use Lido parking. There
are times when a charter will have their customers buss'ed
in, or alternative parking has been arranged through other
sources.
12/05/97 12:16 Z 714 673 8517
CITY OF NEWPORT BEA(
REVENUE L)IVISI()N
3300 NEWPOKYBI-VI),
1) 0. BOX 1768, NhWll0KJ'BF'A(,i 1, (�A 9265R-89 15
I
Ll
TIDELANDS — COMMERCIAL PIER PERMIT STMT
HINOTA, EIICHI COML PIER NBR; CPtB433361
STATEMENT DATE. 021"M/flf
3408 VIA OPORTO 0104
NEUPORT BEACH, CA 92663 DUE DATE:
Lot,. 33.3f, VIA LIDO F
10;000.00 FT X .28 - BILLED WOS/97 $2,000-00
INVOICE 1997-02 BALANCE DUE
.............. ..
TOTAL AMOUNT DUE:
Wit -
se, goo. 00
OIRECT ALL BILLING INQUIRIES TO 7HE REVENUE DIVISION AT 1714) 644-3142 AND
1. .. 1. -R—ER—CH—QUIRIES TO THE MARINE DEPT AT (714) 644-3044. PENALTIES
ALL DYNE
VILL BE ASSESSED AS OF APAI� I AT 25% OF FEE FOR EACH MONTH DELINQUENT,
UP TO AN* INCLUDING l00%, IN ACCORDANCE WITH NEWPORT BEACH HUNICIPAL
RESOLUTION 06753 -
Remove Stub Her* 4nd Return Wlth Your P&Ym*nt
--------------- ----- -----
CITY. OF NEWPORT BEACH
NEWPORT BEACH. CALIFORNIA 92663
J
f
19
DATF
RECEIPT
No. 0963908
Tom and Pam Allen
3322 Via Lido
Newport Beach, CA
673-4507
VIA PERSONAL DELIVERY
Lido Marina Village
Newport Beach, CA 92663
Dear Marina Operators:
We live in the condominiums next to the pumpout station at'the
east end of your property. We have contacted you before about your
boat tenants obstructing the pumpout facility, and we have recently
tried to reach you again by phone without success.
I Once again, your boat tenants are occupying the area
designated a public pumpout facility. The latest violator is a
vessel named "Hightimes". When this vessel first arrived several
months ago, it occupied the slip close to the seawall, leaving room
for use of the pumpout facility. However, in a short time,
presumably due to boa ' t access problems in that congested area,
Hightimes is now, and has been for the last month or so,
permanently tied to the red-pai-n-ted dock or- the west side of the
slip. Because the boat obstructs approximately half the width of
the slip, only narrow beam boats can access the area, and larger
boats are unable to use the pumpout at all. Hence, while we used
to see the pumpout station used on a daily basis by large charter
vessels, some from your marina, they no longer are able to use the
facility. We have even had larger vessels attempt to use the
adjacent condominium slip to pump out through the fence.
Our concern is for harbor water quality. When large charter
vessels are unable to pump out because the area is obstructed, or
if they are too hurried to seek out another facility, it is
unfortunately possible that they -may pump their sewage into the
harbor. As the citizens of Newport Beach , recently demonstrated by
objecting to the IRWD. plan to dump treated sewage into the bay,
residential and commercial users alike must be concerned about
preserving the water quality in the bay.
At this time, we are copying the Marine Department and Defend
the Bay with this letter solely for informational purposes.
However, if you continue to allow your tenants to obstruct the
pumpout facility, we will pursue other remedies.
We hope you will correct this problem and watch more closely
that it does not recur. Thank you for your anticipated cooperation
and if you have any questions, please call at 673-4507 or 545-5559.
Very truly yours,
x
Thomas W. Allen
CC: Newport Beach marine Department
Defend the Bay
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
(714) 644-3131
Kathryn Wadsworth, Vice President of Marketing
Olen Property Services, Inc.
7 Corporate Plaza
Newport Beach, CA, 92660
RE: Island Girl -- Slip 207
Dear Ms. Wadsworth:
Please be advised thatAhis matter has now been referred to the undersigned for
further handling.
I reviewed your letter dated June 15, 1996. As I understand it, as of July 24,
1996, the Island Girl can and will be moved out of slip 207 and into slip 205/206. In
doing so, this will, hopefully, end the problem which currently exist.
InAight of your cooperative posture, I am willing to defer further action on this
matter until after July 24, 1996.
Thank you for your anticipated courtesy and cooperation.
Very truly yourg,
Daniel K. Ohl
Deputy City Attorney for the
City of Newport Beach
DO:de
cc: Tony Mellum, Marine Dept.
Wes Armand, Marine Dept.
deWNsland.1tr
3300 Newport Boulevard, Newport Beach
P
is
,q/ - FOW40-
April
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
Marvin Engineering Co. Inc.
DEA Lido Marine Village
3400 Via Oporto, Suite 104
Newport Beach, Ca. 92663
Attention: D onn a Larson
re: pier permits 124-3336, 124-3366
Dear Sirs:
The City of Newport Beach has received a complaint regarding the
piers and float bayward from Lido Marina Village. Specifically,
the complaint is that your docks have gotten into disrepair and
are unsafe.
Representatives from the Marine Division inspected the site on
April 22, 24, and 29, 1996, with your maintenance personnel, and
found several portions of your docks unsafe and needing repairs
to meet the minimum City Standards.
The sections requiring repairs were noted by your staff but
included slips 107/108, 111, 105, 117/118, 205/207, 210, 211
212/213, 3067307, 309, 406/407, 408, 409, 412, 506, 507/508, 518.
The main problems were poor stabilization of the dock fingers and
cracks in the decking. A few piling hangers had to be replaced.
Some repair work has been done but work must be continued on the
above mentioned portions of your docks to restore a measure of
safety that protects your tenants and their guests.
There is a maintenance permit on file for this work and as long
as the work falls within the scope of maintenance and not
replacement of the docks, plans and engineering need not be
submitted.
SincLerely,
es Armand
Harbor Inspector
3300 Newport Boulevard, Newport Beach
P()
0
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
F0
Ile
April
Olen Properties
207 Corporate Plaza
Newport Beach, Ca. 92660
Attention: Stacy Nishioka
Dear Sirs:
M//
The City of Newport Beach has received complaints regarding the
pier and float bayward from your property in the Lido Marina
area. Specifically, the complaint is that a vessel (Island Girl)
is berthed in ja position that is extending out beyond the pier a
distance greater than is permitted by the city Harbor Permit
Policies. A vessel may not extend out bayward of the end of the
pier a distance greater than the beam of the boat.
A field inspection conducted on April 22, 1996, revealed that the
above mentioned vessel is out too far into the bay and is too
large a vessel for that slip.
The Deputy Chief of the Marine Environment Division has been
advised and requests that the vessel be relocated withinten (10)
working days from the date on this letter.
Please 'arrange to have the vessel relocated in conformance with
the harbor policies. if you require additional information in
regards to this sit ation, please call me at 714-644-3043.
Sincere,
es Armand
Harbor Inspector
3300 Newport Boulevard, Newport Beach
P0
0
t
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
-,/-I F0 V01,
Ap
Ms. Donna Larson
3400 Via Oporto
Newport Beach, CA 92660
SUBJECT: Lido Village Marina Docks
Dear Ms. Larson:
Based upon the City's electrical inspection of your docks at Lido Village Marina on
Friday, March 29, 1996, it is evident that the maintenance has been severely lacking for
some time. These safety violations were found: broken dock boxes, an electrical cord
supplying power to the Island Girl spliced directly onto the feeders without overload
protection, a broken distribution board and a reported transformer inside of a dock box
on an adjoining slip with evidence of shorting out wiring on a blackened dock box.
I
These are just a few of the more obvious electrical code violations. The unsafe condition
of your marina is a violation of Section 102.3 and 102.5 of the Uniform Administration
Code (UAC) and pose an imminent danger to the public. You are required to obtain
permits and to make repairs immediately, and arrange for City inspection within seven
(7) days. In the event the repairs are not made in a timely manner, the service to these
docks will be terminated in accordance with Section 202.6 of the UAC. The listed safety
violations occur only at three or four slips but service is supplied to your entire facility.
Service interruption would probably be highly undesirable but necessary to protect the
public.
If you have any questions about this matter, you may contact me directly at (714) 644-
3261 between 7:30 to 8:00 A -M. and 3:30 to 4:00 P.M. or by writing to the above
address.
Very truly yours,
BUILDING DEPARTMENT
Raimar W. Schuller, Director
By: lRa6l,� a�ltera, �Seor �Build�ing I�nspecW�r�
RB:jf
c: City Attorney
3300 Newport Boulevard, Newport Beach
CITY OF NEWPORT BEACH
February 154 -0 -
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
Andrei Olenicoff
Director of Asset Management
20 Corporate Park
Irvine, Ca. 92714-6047
RE: Re: Dock inspection, 3366 Via Lido Drive
Dear Mr. olenicoff:
/,/ -z- 2, Y � 5 q?, 9 /)
Regarding the dock inspection for the structures bayward from the
property located at 3366 Via Lido Drive, the structure was re-
inspected on February 13, 1996, at which time it was determined
that it conforms to City standards. All the corrections specified
in the December 20, 1995, letter have been made
Sincerely
wes ArMand
Harbor Inspe(
3300 Newport Boulevard, Newport Beach
PO
tu: X
1:0
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
December 20, 1995
Andrei Olenicoff
Director of Asset Management
�_11�
20 Corporate Pa.,
Irvine, Ca. 92714-6047
Re: Dock Inspection, 3366 Via Lido Drive
Dear Mr. olenicoff:
The City of Newport Beach Marine Division has received a request
to inspect the property l.ocated at 3366 Via Lido Drive, Newport
Beach. The facility was inspected on December 19 and 20, 1995.
We cannot transfer the pier permit until the following deficiency
has been corrected and WE HAVE BEEN NOTIFIED OF THE CORRECTION:
Electrica
1. All outlets must have GFI or twist lock receptacles.
2. Must have 20 AMP breakers.
3. Water service must be bonded.
4. All loose electrical boxes on the docks must be securely
attached to dock.
5. Missing LB cover at main service.
Fire Fighting Eauj=nt ld decide to
1. If the permittee or -upland property owner shou
physically separate the docks, for this property from the other
docks, by fencing or other means, the Fire Department connections
to the dock stand pipe must be brought street side and an
additional hose cabinet installed.
If you need additional information regarding the electrical
requirements, please call Building Inspector Ray Baltera, at 644-
3261. Fcr further information regarding the Fire Department
Requirements, call Inspector Russ Cheeks, at 644-3107.
The Newport Beach City Council Harbor Permit Policies state:
10.D. "At the time of transfer, all harbor structures
shall be inspected for compliance with the City's
minimum plumbing, electrical and structural
requirements. All deficiencies must be corrected prior
to transfer -of the permit.,,
Sin�eryrly�
Wes Armand, Marine Division
3300 Newport Boulevard, Newport Beach
November 23, 1995
Wes Armand
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658-8915
ke: Boat Slips Inspection, 3366 Vi. -_"do -f-k.,vo
Dear Mr. Armand:
Enclosed is a $300 pen -nit transfer fee you requested for the above -referenced
inspection. I've included a map of all the dock space to be inspected for your
reference.
As you suggested, I am interested in being present during the inspection(s). This
way, I can be aware first hand of any problems in addition to the information on
your written report. Please inform me once the inspection(s) have been scheduled so
I may be available.
Thank you for your assistance in this matter, and feel free to call me at extension 683
should you need additional information.
Sincerely,
THE OLEN COMPANIES
407�� 8;6_�!r
Andrei Olenicoff
Director of Asset Management
AO:wz
Enclosures: Check for $300
Map of dock
LIL
210 (_'orporate Park, irvine, Cci;ifor7it 92,'71, 14-604 1/ (714) 863-1163 F/�X (714) 75_6-211�,5
November 6, 1995
City of Newport Beach
MARINE DEPARTMENT
P. 0. Box 1768
Newport Beach, CA 92658
Re: Boat Slips Located Fronting 3366 Via Lido Drive
Gentlemen:
Olen Properties recently received an offer to purchase the property located at
3366 Via Lido Drive, including boat slips #201-211 fronting the building. The buyer
has made us aware that a Harbor Permit is required to transfer the properties. We are
concerned that a recent inspection of the adjacent slips at 3336 Via Lido, managed by
the same company that manages ours, showed many deficiencies. Historically, some
problem areas are:
1. Trip -and -fall hazards on the dock surface.
2. Cracl<ed pilings.
3. Lack of restrooms and showers for boaters' use. (I believe the
restrooms at 3336 were closed; and restrooms at Lido Marina
Village are not available to boaters.)
4. Lack of pump -out station.
A e! AAAA, sp —S
ect to +b,- e
�=L i(VASIXG W COMIPI -iiItlo, harboz, b -mill -Ing and "r- cc
.. I Y
items. Hence, we ask that you complete all necessary inspections and notify us of any
compliance deficiencies. Olen will pay any costs associated with these inspections.
If you have any questions or require my assistance, you -may contact me at the
number below, extension 683.
Sincerely,
19
Andrei Olenicoff
Director of Asset Management
ALO/cf
20 Corporate Park, Irvine, California 92714-6047 (714) 863-1163 FAX (714) 756-2165-
[Co�d - �cITYNE Payee:
CITY OF NEWPORT BEACH,---�
Date: ll/ 9/95 7he�c:k �No--
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Inv. Date Inv. Number
11/20/95 112095CKRE
Inv. Amount Memo
300-00 Po39264 OLP
Comp. Distribution Dist.
106 9090-000
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Check Totals:
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SWISS IRVINE INVESTMENTS, INC., p. 0. Box C-19788, Irvine, CA 92713-9788
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FO
December 20, 1-219
Andrei Olenicoff
Director of Asset Management
20 Corporate Park
Irvine, Ca. 92714-6047
Re: Dock Inspection, 3366 Via Lido Drive
Dear Mr. Olenicoff:
The City of Newport Beach Marine Division has received a request
to inspect the property �ocated at 3366 Via Lido Drive, Newport
Beach. The facility was inspected on December 19 and 20, 1995.
We cannot transfer the pier permit until the following deficiency
has been corrected and WE az�VE BEEN NOTIFIED OF THE CORRECTION:
Electrical
1. All outlets must have GFI or
2. Must have 20 AMP breakers.
3. Water service must be bonded.
4. All loose electrical boxes on
attached to dock.
twist lock receptacles.
the docks must be securely
J
S. Missing UB cover at main service.
Fire Fightincr Eaui"m nt
1. if tfie permittee or upland property owner should decide to
physically separate the docks, for this property from the other
docks, by fencing or other means, the Fire Department connections
to the dock stand pipe must be brought street side and an
additional hose cabinet installed.
If you need additional information regarding the electrical
requirements, please call Building Inspector Ray Baltera, at 644-
3261. For further info = tion regarding the Fire Department
Requirements, call Inspector Russ Cheeks, at 644-3107.
The.Newport Beach City Council Harbor Permit Policies state:
10.D. "At the time of transfer, all harbor structures
shall be inspected for compliance with the City's
minimum plumbing, electrical and structural
requirements. All deficiencies must be corrected prior
to transfer,,-pf the permit."
Sincer y7
Wes Armand, Marine Division
00 Newport Boulevard, Newport Beach
November A"91.
Wes Armand
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658-8915
ke: Boat Slips inspection, 3366
Dear Mr. Armand:
Enclosed is a $300 permit transfer fee you requested for the above -referenced
inspection. I've included a map of all the dock. space to be inspected for your
reference.
As you suggested, I am interested,in being present during the inspection(s). This
way, I can be aware first hand of any problems irL addition to the information on
your written report. Please informme once the inspection(s) have been scheduled so
I may be available.
Thank you for your assistance in this matter, and feel free to call me at extension 683
should you need additional information.
Sincerely,
THE OLEN COMPANIES
Andrei Olenicoff
Director of Asset Management
AO:wz
Enclosures: Check for $300
Map of dock.
20 Corporate Park, Irvine, California 92714-6047 (714) 863-1163 FAX (714) 756-2165
NAME
ADDRESS OF PROPOSED FACILITY PERMIT I
MAILINO ADDREGS I
TELEPHONE NO -FEE r ECK NO. DATE
APPROVED BY:' DATE
APPLICATION IS HE BY MADE FOR A HARBOR PERMIT TO
OCHD
AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF
ENGR
NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING
BY COMPANY
DATED
COUNCIL
PUBLIC WORKS
DEPT.
El
DATE
ESCROW
//-/(0
SIGNATURE
INSPECTION
SPECIAL CONDITIONS:
CITY OF NEWPORT BEACH, CALIF.
1
WX FORM 68-1010
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lCode: CI7YNE] jPayee: CITY OF NEWPORT BEACH, Date: 11/29/95 Check No.: 0521241
L-- I I
Inv. Date
Inv. Number
Inv. Amount
Memo
Comp.
Diotribution
Dist. Amt.
11/20/95
112095CKRE
300.00
P039264 OLP
106
90 90-000
300.00
Check Totals: 300.00 300.00
SWISS,IRVINE INVESTMENTS, INC., P. 0. Box C-19788, Irvine, CA 92713-9788
PO
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February
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CITY OF NEWPORT BEACH
P.O. BOX 176-3, NEWPORT BEACH, CA 92658-8915
Andrei olenicoff
Director of Asset Management
20 Corporate Park
Irvine, Ca. 92714-6047
RE: Re: Dock inspection, 3366 Via Lido Drive
Dear Mr. olenicoff:
Regarding the dock inspection for the structures bayward from the
property located at 3366 Via Lido Drive, the structure was re-
inspected on February 13, 1996, at which time it was determined
that it conforms to City standards. All the corrections specified
in the December 20, 1995, letter have been made
Sincerely
Wes
Harbor nspecto
3300 Newport Boulevard, Newport Beach
PO
0
CITY OF NEWPORT BEACH
-Z RO. BOX 1768, NEWPORT BEACH, CA 92658-8915
F 0
November 115-�"� "�Y ��"
Andrei Olenicoff
Olen
20 Corporate Park
Irvine, California 92714-6047
Re: Boat Slips, 3366 Via Lido Drive
Dear Mr. Olenicoff:
The Marine Division is in receipt of you� November 6, 1995,
letter requesting an inspection of the pier and docks bayward
from 3366 Via lido Drive.
An inspection of a commercial site will involve staff members
from not only the Marine Division, but the Fire and Buildin(3
Divisions. I cannot schedule the inspection prior to receiving
the $300 permit transfer fee. once that fee is submitted, the
inspection part of the transfer process will be done and sent to
YOU -
If you need further information in regards to this matter, please
call me at 644-3044.
S W '.nc re ;vw-
wes Armand
Harbor Inspector
3300 Newport Boulevard, Newport Beach
November 6,410W,3
City of Newport Beach
MARINE DEPARTMENT
P. 0. Box 176s
Newport Beach, CA 92658
Re: Boat Slips Located Fronting 3366 Via Lido Drive
Gentlemen:
Olen Properties recently received an offer to purchase the property located at
3366 Via Udo Drive, including boat slips #201-211 fronting the building. The buyer
has made �us�awar& that a Harbor Permit is required to trwisfer the, properdes. We are
concemedthat a recent inspection of the adjacent slips at 3336 Via Lido, managed by
the same company that manages ours, showed many deficiencies. Historically, some
problem areas are -
I . Trip -and -fall hazards on the dock surface.
2. Cracl�ed pilings.
3. Lack of restrooms and showers for boaters' use. (I believe the
restrooms at 3336 were I closed;, and restro I oms At Lido Marina
Village are not available to boaters.)
Lack of tit station.
pump 0
-;;a 6 LQ CODAP Y Tvitiitl 10
aibbrj -bdIdirig and ffire ccdcs �m respect to these
items. Hence, we ask t hat you complete all necessary inspections and notify us of any
compliance deficiencies. Olen will pay any costs associated with these inspections.
If you have any
. questions or require my assistance, you -may contact me at the
number below, extension 683.
Sincerely,
Andrei, Olenic6ff
Director of Asset� Management
AO/cf
20 Corporate Park, Irvine, California 92714-6047 (714) 863-1163 FAX (714) 756-2165
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ON THE WATER FRONT ... IN NEWPORT BEACH, CALIFORNIA
MANAGEMENT / LEASING OFHCE
3421 VIA OPORTO, SUITE 200, NEWPORT BEACH, CA 92663-6302 - (714) 675-8662 FAX: (714) 673-8517
October
Wes Armand
City of Newport Beach
Marine Department
PO Box 1768 ,
Newport Beach, CA. 92658
Reference: Pump Out
Dear Wes
First I want to thank you for the patients you have shown me with
regard to the pump out at Lido. Over the last several months the
pump out has been inoperable more times than when you could use it.
.1 am. sure,.we:..are. being vandalized but can't catch the person. Today
froported,my suspicions to the Harbor Patrol as the diaphram had
been cut.
I know this has been a inconvenience for the tenants here as well
as
the boaters from other areas. Last week it was working, Monday
(10/16) 1 come to work and -it is down again. It was repaired
immediately, and today (10/19) it is reported the diaphram had.been
cut.
obviously, the owners are concerned about this and the constant
cost to repair, well over $2000.00 in the last 4 months.
You were kind enough to supply me information fr-r a new type of
pump out -and also State of Coallifornia will reimburse Lido 75% of
the cost. I expect the owner here today and it wi I I be on my
agenda for discussion.
Wes, a in I appreciate your patients and your help throughout
this e ir experience.
Sinc,er.el.
MEMORANDUM
CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
W010056 -
TO: Jim Hewicker
Pat Temple
Bill Laycock
Don Webb
Rich Edmonston
Ray Brown
, :2T,4'
:'Phy. � e um.
FROM: W. William Ward, Senior Planner
SUBJECT: Proposed General Plan Amendment for Lido Marina Village
Attached is a letter from the consultant for Lido Marina Village which outlines various
proposals regarding efforts to revitalize Lido Marina Village. This information is intended
to give you an opportunity for advanced consideration of the applicant's preliminary
proposal, with the anticipation of a future meeting to be scheduled at the end of next week.
The exact time and location of the meeting is still to be determined.
PIER"
V UA" V, ` ow
4a
'w(rotle-17"Villiam Ward
Senior Planner
WAFLINA
V13L1aAGE
ON THE WATER FRONT... IN NEWPORT BEACH, CALIFORNIA
MANAGEMENT / LEASING OFFICE
3421 %9A OPORTO, SUITE 200, NEWPORT BEACH, CA 92663-6302 - (714) 675-8662 * FAX: (714) 673-8517
Mr. Jim Hewicker
Mr. Bill Ward
City Planning Dept.
32nd and Newport Beach Blvd
Newport Beach, California
Re:Proposed Amendment to the General Plan
Lido Villaae Marina
Newport Beach, California
Gentlemen:
Pursuant to recent discussions between Jerry Friedman, Donna
Larson, the undersigned and your offices the owners of Lido Village
Marina desire to commence an amendment to the General Plan and
incorporate a specific plan amendment if required, to effect
necessary changes to the subject property "Lido".The intent is to
improve the property to its potential by maximizing its leasing
capability through being able to draw more people and customers to
the center. The end result is profitability, public improvements
and a more viable economic enterprise.
The following are a list of items that Lido desires to improve with
respect to the physical plant and leasing of the center:
Physical:
1. Close the public thoroughfare of Via Oporto from the turn
around center on the western side to the fountain on the eastern
side to vehicular traffic and create a pedestrian right of way
exclusively between the hours of operation. The resultant
thoroughfare will allow pedestrians to shop and eat around the
thoroughfare without vehicular noise, fumes.-and.interruptions and
create a pedestrian mall such as experienced by the Third Street
mall in Santa Monica.
2. Create two more levels of parking on top of the existing
parking garage structure. By allowing more parking, the uses of the
center can be opened up to create more pedestrian traffic.
3. Create a paring structure allowed by the city on the 32nd
street and Via Oporto lot that currently houses a City National
Bank Kiosk. This lot is currently used for parking and its capacity
could be increased to create more allowable uses in the center and
could be utilized in conjunction with City Hall and during the
summer to alleviate vehicular congestion around the beaches.
4. Create a restaurant on top of the garage including its two
story requested addition.
5. Broaden the boardwalk along the water to create greater
pedestrian allowances
6. Reconfigure the dock space to allow for larger boats
creating a greater tourist attraction. .
7. Utilize Central Avenue more for parkiAng in the evenings by
controlling its right of -way to specific uses as specific'times.
Leasing:
1. Allow restaurant use in areas that are currently designated
retail. This change in use will allow the draw of more pedestrian
traffic to the center and create a festive or people watching area
that is attractive to the shopper.
2. Allow a restaurant in the City National Bank Building.
The current idea is to increase the allocation of restaurants to
approximately 5,000 square feet above what is currently allocated.
Areas of concentration would be the Muffin Shop underneath the old
management office, the Martin Lawrence space, the areas directly
across from Martin Lawrence fronting along Via Oporto to crete the
European atmosphere of outside dining. In addition with the
increase of dining over the garage offering water views and in the
CNB building will create the critical mass to induce customers and
other high end retailers.
Management is asking you for guidance to commence this long range
planning while asking for specific use changes as they occur.
Your cooperation is appregi�ated.
Ver0truly rours,
Chapi4/p.
ConsiAtant\to the wners
P0
F NEWPORT BEACH
CITY 0
/Z P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
August
Mariners Escrow Corp -
190 Newport Center Drive, suite 250
Newport Beach, Ca. 92660
Re: Harbor Permit 0124-3336-1 for 3336 Via Lido, Newport Beach.
Escrow # 10836JG
Sirs: received a request
The City of Newport Beach Marine Department has
it 0124-3336-1 for the property located at
to transfer pier perm nspected on
3336 Via Lido, Newport Beach, CA. The facility was i
August 4 and 10, 1995. deficiency
We cannot transfer the pier permit until the following
has/have been correctea and WE HAVE BEEN NOTIFIED OF THE
CORRECTION: ction was conducted by Building Department
The electrical inspe If you required further information
Inspector Mike Larnard. 644-3269.
regarding this portion of the inspection, please call
1. The cold water pipes must be bonded at each slip's dock box.
2. All electrical outlets must be GFI or twist lock for use in a
water environment. the electrical panel
3. Slips number five and seven must have
reattached. (See attached drawing)
The fire protection equipment was I inspected by Insp. ector Russ
Cheek. you may call 644-3107 if you require further information
regarding this portion of the inspection.
1. The fire hose cabinet at the East end of the permit area near
the bulkhead must be replaced.
2. All fire hose cabinets doors must have a weather tight seal.
3. All cabinets that are loose, and not securely attached to the
pier must be repaired.
A permit for plumbing or electrical work may be obtained from the
Building Department of the City.
The Newport Beach City Council Harbor Permit Policies state:
3300 Newport Boulevard, Newport Beach
10. D. "At the time of transfer, all harbor structures
shall be inspected for compliance with the City's minimum
plumbing, electrical and structural requirements, and the
conditions of the existing permit. All structural
deficiencies must be corrected prior to transfer of the
permit."
PLEASE ADVISE THIS DEPARTMENT WHEN THE ABOVE DEFICIENCIES HAVE BEEN
CORRECTED. Please call 644-3044 to request a re -inspection.
Wes Armand
Harbor Inspector
PO
0 CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
Sep te,
Eiichi Hirota
3336 Via Lido
Newport Beach, Ca. 92663
re: Pier Permits CP12433361
Dear Sir:
The Finance Department has indicated that the fees for the annual
pier permits are unpaid, and that there is currently a total
balance due of $ 4,050.00.
Failure to pay this amount and bring this account current by
November 1, 1995, will result in the Marine Division recommending
that the pier p t be revoked. Section 17.24.090 #4 of the
Newport Beach VL ipal Code, kzvocation of Permit" The permittee
has failed for a period of sixty (60) days to pay the fee or fees
heretofore or hereafter imposed for the occupancy of tidelands,
filled tidelands or submerged lards upon which such work or
structure exists."
If you have questions...in
Sincerely/,',
Wes ArMafid
Harbor Inspector
this regard please call me at 644-3044.
3300 Newport Boulevard, Newport Beach
gg�
CITY OF NEWPORT BEACH
3300 NEWPORT BLVD.
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
TIDELANDS - COMMERCIAL PIER PERMIT STMT
HIROTA, EIICHI COML PIER NBR: CP12433361
2 CORPORATE PLZ #100 RUN DATE: 10/06/95
NEWPORT BEACH, CA 92660-7929
LOCATION OF PIER: 3336 VIA LIDO
10,000.00 FT X .27 - BILLED 02/07/95
PAST DUE PENALTY
INVOICE 199S-02 BALANCE DUE
TOTAL AMOUNT DUE:
$2,700.00
1,350.00
$4,050.00
$4,050.00
DIRECT ALL BILLING INQUIRIES TO THE FINANCE DEPT AT (714)644-3121 AND ALL
OTHER INQUIREIES TO THE MARINE DEPT AT (714) 644-3044. PENALITIES WILL BE
ASSESSED AT 25% OF FEE FOR EACH MONTH DELINQUENT, UP TO AND INCLUDING 100%,
IN ACCORDANCE WITH NEWPORT BEACH MUNICIPAL RESOLUTION #87S3.
Please detach and return the lower portion of this invoice with your payment
......................... ......... ............................................
COML PIER PERMIT DUE DATE ; 11/01/95
HIROTA, EIICHI COML PIER NBR: CP12433361
2 CORPORATE PLZ #100
NEWPORT BEACH, CA 92660-7929
TOTAL AMOUNT DUE: $4,050.00
MS CP12433361 405000
F-20, page 2
The applicant wishe� to temporarily revise a section of the commercial
docks at Lido Village to make additional,space available for his annual
In -The -Water Boat show. The�revi'si,on will consist of placing 580 feet
of float 60 feet bayward of the exi'sting floa - ts, - secured - -by ____ fou - r - temporary
__ h- d-diaoram
pl' ings� see attac e
The revisions will be put in place on September 2, 1986 and used for
three boat shows: the Used,Boat:Show,September 4 through 7, 1986 and
the New Power and Sailboat Show September 10 through 14, 1986. T.,he docks
will be removed no later than September 16, 1986.
The applicant will discuss the temporary structure,with the Sh.eri,ff's
Harbor Patrol and the City Fire Department and meet any conditIons they
might impose.
The temporary dock'system and pilings have been reviewed by a licensed
structural engineer and found to be adequate.
David-Harshbarger, Marine Director
Tony Me�lum/Ti� strator
TM: db
a
THOMAS W. AND PAMELA ALLEN
3322 Via Lido
Newport Beach, California 92663
(714) 673 -4507
February 28, 1995
City of Newport Beach
Revenue Division
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, California 92658-8915
Re: Pier Permit Number 0124-3320-1
Dear Sir or Madame:
on February 23, 1995, 1 spoke with Mr. Tony Melum, Acting
Marine Director, with regard to the Bahia Condominium Association's
request to convert its pier from a commercial to a residential
pier. I inquired whether the Association would be penalized if it
did not pay the commercial permit fee pending Mr. Melum's decision
whether the pier could be re-classified. Mr. Melum advised me that
the Association could pay $70.00, the fee for a residential pier
permit, and if Mr. Melum later decided that the pier could not be
classed residential, the Association could pay the balance of the
cost of the commercial pier permit.
Accordingly, enclosed is a check for $70.00 to cover the cost
of the Association's pier permit. if you have any questions or
disagree with Mr. Melum's advice, please call at the number above.
Very truly yours,
&Iezj
Pamela Allen
CITY OF NEWPORT BEACH
August, ��j-99-5-
RO. BOX 1768, NEWPORT BEACH, CA 92658-8915
Bahia Condominium Association
C/O Kathy Miller
3336 Via Lido, Suite E
Newport Beach, CA 92663
RE: Your letter of June 21, 1995
Dear Ms. Miller:
First let me apologize for the late response to your letter. It was originally sent to the
Revenue Division, and for some reason, it was misplaced prior to me receiving it.
I had on February 28, 1995 discussed the possibility of reclassifying the association with
Pamela Allen. A subsequent review indicates that the current zoning for the Bahia
Condominium Association is RSC, which is retail service commercial. As a result, it is
appropriate that the marina also pay the commercial rate.
If I can be of any additional assistance, please contact me at 644-3044.
Sincerely,
Tony Melum, Deputy Chief
Marine Division
Fire and Marine Department
TM/jb
Bahiacon.ass
3300 Newport Boulevard, Newport Beach
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APPLICATIO,N IS HEREBY
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F013 A AHBOR PERMIT TO
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AT THE ABOVE LOCATION IN ACCORDANCE WiTH THE CITY OF
NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING
BY /;b- "-d - COMPANY
DATED
DATE
SIGNATURE
CITY OF NEWPORT BEACH, CALIF.
WX FORM 68-1010
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CONSENT OF
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THE WARBOR COORDINATOR OR CFly COUNCIL THE
R�GH-r�,� �, j-,A;zq UNDER THIS PERMfr AM paVMSSIVE ONLY
AND -N-qS PERNM � fiAY BE REVOK" IN city Coupic-11
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August 25,
CITY OF NEWPORT BEA
RO. BOX 1768, NEWPORT BEACH, CA 92658-891
Pacific Avalon Marine, Inc.
3424 Via Operto #103
Newport Beach, CA. 92663
Re: Commercial Harbor Permit Application
— x -1-e
5 L,-" e) -Z)
As part of our review prior to issuing the above permit we oftei-�
contact the current Harbor Permittee or property owner to determinx-
if the proposed activity is permitted in their docks.
In conversation with Donna Larson, manager of the Lido Village
Marina we have been told that they will not allow an additional
business permitting over night accommodations on vessels at their,
docks. As a result we are compelled, to deny your applications at
this time.
If you have any questions, please call me at 644-3044.
Sincerely,
Tony I um
Deputy Director
WP 5 1\ DATA\T0NY,,\;111PACAVL
3300 Newport Boulevard, Newport Beach
MARINE DEPARTMENT Telephone 644-3044
COMMERCIAL HARBOR PERMIT APPLICATION
Filing Fee $400.00
-0
Business Name:
Business Mailing Address
City and Zip Lea
yEM .
Address of Business 4/ iAx-
AkVf!L).-j Bea -A /c
Business Tel4phone -7/ 4( -
A !176S-3
:7--&� 3,
-tq 2- 6 6-:1
If business is a corporation or operated under a fictitious name . or
partnershipt please indicate ALL principals:
Give name, Address and telephone for each:
A aw.
2. U
3.
Give name, address and telephone number of the person, or persons!
who will have general management responsibility for applicant
business:
A4 014 L124163
70HAJ 6�U A/4WA
Please give a complete desdription of the proposed method of.
operation of vessel, watercraft and/or other facilities, including,
but not limited to:
1. Location where vessel wilL be
i�
A,� C/4- �
2. Location where
wil
ly berthed 342-11—V-��
I
and unloaded I? ez?o t zto-
3.' Maximum number of passengers carried (include crew)
4. Location where requi a e rs, employees and
crew will be provided
5. Days business will operate:
6. Hours of operation: LO L)
7. Routes of Travel:
8. Types of activ#jfes permitted on board:
9. Types of merchandise to be sold
10. Is Coast GuarAl cert3'f Jpat )n reVi:red? A10
11. Type and amount of lfability insura;(ce cai-ri
operation:
carrier:
12. other pertinent information:
It not, why not?
ed for this
13. Describe the manner in which you intend to dispose of tragh,
sewage and litter resulting from this operation:-:;wa,4U2
'P"�'4" M66-� VAL4e -) co-t��
14. Describe the type of entertainment which the applicant
proposes, if any:
PLEASE SUBMIT A DETAILED DRAWING OF THE BOAT, WATERCRAFT AND/OR
OTHER FACILITIES WHICH APPLICANT PROPOSES TO USE, TOGETHER WITH
SUCH SPECIFICATIONS AND OTHER TECHNICAL DATA AS MAY BE NEEDED FO
PROPER EVALUATION OF THIS APPLICATION.
I declare under penalty of perjury that the foregoing is true and
correct: 12
Date Signature:
A44AL/e- AJ- C4
Tel ephone 4( -
Residence address
TO BE FORWARDED TO FOLLOWING FOR INVESTIGATION & RECOMMENDATION:
Chief of Police
Orange County Harbor District
Other
Approved/Denied by Marine Department (and Date).
C�
March""'II8—
� 74
Al i Z
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
Donna Larson, Manager
Lido Marina Village
3421 Via Oporto
Newport Beach, Ca. 92663-8662
Dear Mrs. Larson:
The City of Newport Beach has received complaints regarding the
activity of one of your marina tenants. Specifically, the complaint
is that the vessel Electra is being advertized and utilized as a
Bed/Breakfast facility without securing the proper permit from the
City to operate this type of business. An initial contact with the
owner of this business has not resulted in cessation of the above
mentioned activity.
Since the owner of any marina operates under the terms and
conditions of a harbor permit, he bears the ultimate responsibility
for activities within the permit area. The Marine Department is
contacting your office to inform you that Lido Marina Village has
failed to comply with the terms or conditions contained in your
harbor permit upon which the permit was granted. Under the City of
Newport Beach Municipal Code the Marine Department can require
compliance and correction of the above mentioned problem, or turn
the matter over to the City Attorney for further action as outlined
in section 17.24.080.of the Municipal Code.
Please correct this problem to avoid further action by the City.
If you need to contact me regarding this matter, please call 644-
3044.
Sincerely
Wes / aArand
Harbor Inspector
3300 Newport Boulevard, Newport Beach
r
January 24,
Tony Melum
Deputy Director, Marine Department
70 Newport Pier
Newport Beach, Ca. 92663
Dear Mr. Melum:
Upon signing this agreement Electra Cruises, Inc. acknowledges the
difficulty the City of Newport Beach has in determining whether a
voyage on the vessel Electra is a charter or owner guests onboard.
Therefore since this vessel is used primarily as a charter vessel
we will concede that every time it leaves the dock with more than
six (6) people (other than crew) it is to be considered a charter,
and as required in Chapter 5.18 of the Municiple Code, will have a
Marine Charter Permit.
Randy Goodman
General Manager, Owner
xfie�� ��
0,
Al
IAO -O'-
P
Fo
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
March 24j 1993
.International Market Concepts
Ronald L. Hewitt
3416 Via Oporto, Suite 204
Newport Beach, CA 92663
a Village
Temporary revision to the docks bayward of Lido Marin
for an In The Water Boat Show, April 14th thru the 18th
HM
Dear Mr. Hewitt:
To allow temporary revision to the docks bayward of Lido Marina
village we must have City Council approval, and the earliest we
could get Council approval would be April.12th. I would need your
application and fee for this approval Prior to March 31st so that
I can prepare the staff report and agenda. In addition to the
application and drawings of the docks, I will need the application
fee of $280-00. , Also, prior to installation, the docks must be
engineered and the engineering reviewed and approved by our public
works department. In addition, approval from the building
department . for the electrical and the plumbing and the fire
department for any fire prevention suppression necessary on the
temporarily revised docks.
if you have any questions regarding the above, please contact me at
(714) 644-3044.
very truly yours,
Tony Melum
Deputy Director
TM: la
3300 Newport Boulevards Newport Beach
� uav�""
EVENT NUMBER:
CITY OF NEWPORT BEACH
SPECIAL EVENT
pE�70q,JE Dj�PARNmr X
P.O. Box 1768 C �8.
C'
F0
C_
NEWPORT BEACH, C A 92658-8915 FILM PRODUCTION
(714) 644-3141 -
FAX (714) 644-3339 SPECIAL EVENT PERMIT APPLICATION
SPONSORING ORGANIZATION(S): intgrna-tional Marketing Concepts
ADDRESS: 3416 Via Oporto - Suite 204 -CITY: Newport Beach ZIP: 92663
PERSON -IN CHARGE: - . Ronald T_ Ht -wit -t- PHONE: (714) 71-3987.
ADDRESS: 3416 Via oporto - Suite 204 CITY, Newport Beach _ZIR. 92663
OTHER ORGANIZATIONS. INVOLVED�
DESCRIPTION OF EVENT: - - W" Boat Show
EXACT LOCATIOM - ge
DATE�S): April �_7-11, 1993
TIMES: 10 a.m. - 5 p.m.
ESTUATED ATTENDANCE' 4 0 0 ADMISSION FEES? NO/YESX DESCRIBE-' $5.00 per Adult,
Lido Marina Village Parking Structure
DESCRIBE PARKJNG:
VA4!gp/YES - DESCRIBE.'
ANY PORTION OF THIS ACTIVITY TO OCCUR ON A CITY STREET, SIDEWALK PARK BEACH Oq�OAJ�ESCRIBF_
Via Oporto and Bay Closures from 4/8, thru 4/11 24 hours per day.
ALCOHOLIC BEVERAGES SERVEq��Ee- SOLD?(PYES - By'
FOOD SERVEDqv_ SOLD? (qYES -- BY: RIBE: Char ty Drawing - No Purchase Necessary -
DRAWING. RAFFLE�OR CASINO ACTrVMES? NO/YES XXSC
SOUND AMPLIFICATION USED OUTDOORS- (PYES - HOURS OF USE.
DESCRIBE SOUND EQUIPMENT
CANOPIES OR TENTS? OYES - SIZE --
MAXIMUM DISTANCE AUDIBLE*
DATE INSTALLED� DATE REMOVED-. - BY.
BOOTHS, BLEACHERS, STAGE OR STRUCTURES TO BE ERECfED? NO/YES - DESCRIM' 5x10 Booths - (48
GENERATORS. LARGE VEHICLE (0�)R OTHER EQUIPMENTI) NO��. DESCRIBE: Boats
SECURITY.. - NOT REQUIRED
ANY COMMERCIAL ASPECTS? NO�� DESCRIBE:
Faii
(ATTACH PLOT PLAN)
. PROVIDED___2A11.r_RE0UESTED1. Security and Fire Watch
4ero, v 4E 5_�'e 1- 5
ADDMONAL INFORMATIM. - -44gs-
I HEREBY CERTIFY THE FOREGOING STATEMENTS TO BE TRUE AND CORRECT, AND AGREE TO INDEMNIFY AND
HOLD HARMLESS THE CITY OF NEWPORT BEACH, ITS CITY COUNCIL, OFFICERS, AGENTS AND EMPLOYEES FROM
AND AGAINST ANY AND ALL LOSS, DAMAGES, LIABILITY, CLAIMS, SUITS, COSTS AND EXPENSES, WHATSOEVER.
INCLUDING ATTORNEYS FEES, REGARDLESS OF THE MERIT OR OUTCOME OF ANY SUCH CLAIM OR SUIT ARISING
FROM OR IN ANY MANNER CONNECTED TO THE REQUESTED ACTIVITY. I ALSO AGREE, IF APPROVED, TO COMPLY
WITH ALL PERMIT CONDITIONS, AND UNDERSTAND THAT FAILURE TO COMPLY WITH ANY CONDITION, OR ANY
VIOLATION OF LAW MAY RESULT IN THE IMMEDIATE CANCELLATION OF THE EVENT, DENIAL OF FUTURE EVENTS AND
OR CRIMINAL PROSECUTION.
4c.p Ronald L. Hewitt SIGNATUR
DAT -% —�7-2 INAME PRINTED: C
3
Nr�
UA LO
CE)
<
rl
RL
IV
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CO
un uq U-
EVENT7MBER: CIC-�
CITY OF NEW, PORT BEACH
RE'v'11qJE DEPAR114ENr SPECIAL EVENT
P.O. Box 1768
F
NEWPORT BEACH, CA 92658-8915 FILM PRODUCTION
(714) 644-3141
FAX (714) 644-3339 SPECIAL EVENT PERMIT APPLICATION
International Marketing Concepts
SPONSORING ORGANIZATION(S): .
ADDRESS: 3416 Via Oporto Suite 204 —CITY: Newport..Beach zip: 92663
gonaldT Re-JAzi-tt, PHONE:(714) 673-3987
PERSON IN CHARGE: -
ADDRESS: 3416 Via Oporto - Suite 204 —CITY: Newpo t Beach _zip. 92663
--OTHER ORGANIZATIONS INVOLVED:
. NewiDort Beach "Previously Owned" Boat Show
DESGRJIPTION OF EVENT. —
Lido Marina villa
EXACT LOCAT*N: — -
DATE(SY April 14-18. 1993
TIMES: 10 a.m. - 5 -
ESTIMATED ATTENDANCE 400 ADMISSION FEES? NO/YESX- DESCRIBF-- $5.00 per Adult
DESCRIBE PARIONG: - Lido Marina Village Parking Structure
VAUETI ty/YES - DESCRIBE. BEACH OR BAY? NO/ DESCRIBE..
ANY PORTION OF THIS ACTIVITY TO OCCUR ON A CITY STREET, SIDEWALK PARK
Via Oporto and Bay Closures from,%*/Vb4=Lh=A4L"4 bours per- lay
ALCOHOLIC BEVERAGES SERVED-(j��Y& SOUDI,6:�ES - BY.
FOOD SERVED?61/YES - SOLD?&YES By- g - No Purchase Necessary
DRAWING. RAFFLE OR CAS1140 ACTIVITIES? No/yEs "IbESCRIBE. A-10
SOUND AMPLIFICATION USED OUTDOORS?. 69/YES - HOURS OF USE. MAXIMUM DISTANCE AUDIBLE. FT
DESCRIBE SOUND EQUIPMENT A. -O
I A) k (ATTACH PLOT PLAM
CANOPIES OR TENTS? &/YES - SIZE'
DATE INSTALLED. DATE REMOVED: BY.
HERS, . STAGE OR STRUCTURES TO BE ERECfED? NOO'ES-4 DESCRIBE' 5x10 Booths - (48)
GENERATORS, LARGE VEHICLES, BOATS OR OTHER EOUIPMENOES - DESCRIBE. Boats
SECURITY: NOT REQUIRED— PRO\nDED_2AJlr_REOUESTED: Security and Fire Watch
ANY COMMERCIAL ASPECTS? Nqo�- DESCRIBE-
ADDMONAL INFORMATION:
I HEREBY CERTIFY THE FOREGOING STATEMENTS TO BE TRUE AND CORRECT, AND AGREE TO INDEMNIFY AND
HOLD HARMLESS THE CITY OF NEWPORT BEACH, ITS CITY COUNCIL. OFFICERS. AGENTS AND EMPLOYEES FROM
AND AGAINST ANY AND ALL LOSS, DAMAGES, LIABILITY, CLAIMS, SUITS, COSTS AND EXPENSES, WHATSOEVER
INCLUDING ATTORNEY'S FEES, REGARDLESS OF THE MERIT OR OUTCOME OF ANY SUCH CLAIM OR SUIT ARISING
FROM OR IN ANY MANNER CONNECTED TO THE REQUESTED ACTIVITY. I ALSO AGREE, IF APPROVED, TO COMPLY
WITH ALL PERMIT CONDITIONS, AND UNDERSTAND THAT FAILURE TO COMPLY WITH ANY CONDITION, OR ANY
ON OF THE EVENT, DENIAL OF FUTUR
VIOLATION OF LAW MAY RESULT IN THE IMMEDIATE CANCELLATI J�EVENTS AND
OR CRIMINAL PROSECUTION. n 4 (211/
DATE:?— NAME PRINTED: Ronald L. Hewitt SIGNATURE:
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AT THE SITE T TO THE PROMONS OF
THE HARBOR r-'o,iCIES OF NEWPORT BEACH AND
ANY SPEC;Al- ,-,:ND;T�0.-',S LISTED HERFOIL THIS PERMIT
IS NIM TRAW;'-FRABLE WITHOUT THE WRffTW CONSENT OF
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HARBOR PERMIT
FERMWION IS HEREBY GRANTED TO CONSTRUCT AND
MAINTANY THE FACIL17Y SHOWN ON THE REVERSE HEREOF,
AT THE SITE INDICATED, SUBJECT TO THE PROVISIONS OF
THE HARBOR PERMIT POLICIES OF NEWPORT BEACH AND
ANY SPECIAL CONDITIONS LISTED HEREON. THIS PERMIT
IS NOT TRANSFERABLE WITHOUT THE WRITTEN CONSENT OF
THE CITY mARBOR COORDINATOR OR CITY COUNCIL. THE
RIGHTS GIVEN UNOW THIS PERMIT ARE PERMISSIVE ONLY
AND THIS PERMIT MAY BE REVOKED BY THE CITY COUNCIL
lk ACCORDANCE� W E 17 OF, XNE-- MUj4!C,!PAL COOL
CITY "ARBOR COORDINATOR
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July 30, 1992
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1).0 N, . )X 1768, NEWPORTBEACH, CA 92659-1768
Donna Larson
Lido Marina Village
3421 Via Oporto, Suite 200
Newport Beach, Ca. 92663-6302
Dear Donna.:
I want to alert you to a situation that has occurred at the
pumpout station in your marina that must be corrected and a
procedure develdped to prevent it from repeating. A large
vessel was moored at the pumpout dock for three days
preventing access and use by the boating community. The
Vessel, The Island Princess, did not comply with a verbal
request from a Marine Department employee when requested to
move.
I know from past experience with the Lido marina management,
that you will do what is nece ' ssary to maintain this valuable
pumpout station accessible for public use.
Sincerely,
4 V
s Armand
Marine Department
3300 Newport Boulevard, Newport Beach
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
Dr. David Saad
3336 Via 'Lido , suite B
Newport Beach, Ca. 92663
Dear Dr. S-aad:
In response to your concerns with the activities near your
residence that produce noise that at times is unacceptable, I
have contacted t -he Liddo Village Management office and the
Windward Sailing Club.
The personnel at the management office discussed their
tenants and the no-ise level that. normally results from the
variety o -Lc commercial activities at the site. Certain -11-ypes
and levels must be expected. However, unreasonable levels are
not acceptable. Commercial marinas throughout the harbor
allow their tenants access to their boats at any time during
the day or night, and all marinas allow owners to sleep
aboard their vessels. There is a section of the Munic-J.-Dal
Code addressing the aspect of loud and unreasonable noise
�section 10.28.010).
I 'also' met with the Owner of -the Windward Sailing Club and
conveyed . tllle concerns _recrardi,ng -the level of noise and the
time of day the noise occurs. Again, certain amounts o -f: noise'
and it occurs are to b'e expected within the
framework of the activities of a sailing club. I certainly
understand tha-L- it could become unreasonable if not monitored
by the company's personnel."
Itlis my hopes that both the Lido Village Management and the
Windward Sailing Club understand the value of good neighbor
relations and will do all they can to meet you half way v,4ith
solving this situation.
I Y,
s,`,cerel
Wes Armand
Mariae De�)artment
cc_: A�1,)nna Larsor,,. Lido Marina Villaqre
Smi.th, Windwai.d Saili�ng Club
3300 Newport Boulevard, Newport Beach
T-IMEE -EX" J- 17-
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NEWPORT BEACH CA
RETURN TO S-4ENDER
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I . P.O. BOX 1768, NEWPORT BEACH, CA 92659,1768
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Septembe��l,
Marvin Engineering Co., Inc.
260 W. Beach
Inglewood, CA
Sirs:
The City of Newport Beach Marine Department has received a request
to transfer pier permit 124-3400 for the property located at 3400
Via Oporto, Newport Beach, CA. The facility was inspected on
9/24/90.
We ca . nnot transfer the pier permit until the. following deficiencies
have been.corrected and WE HAVE -BEEN NOTIFIED OF THE CORRECTION:
The docks at the west end require major repairs. There is a need
for general maintenance on electrical and plumbing fixtures. Listed
below are specific problems requiring repair:
Electrical
I.Repair all broken conduit receptacles & loose electrical
boxes
2. Replace all missing breaker switches.
3. Replace missing face covers on outlet boxes.
4. Remove electrical conduit from dock surface..
5. Replace main breaker and distribution panel.
6. Replace broken conduit and rehang with approved hangers.
7. Remove plugs from subpanel on seawall and plug holes.
8. Replace electrical outlets with outlets required by code.
9. Remove code violating zip electrical cords from docks.
Plumbing:
1. Rehang water pipes with approved hangers.
2. Ground cold water pipes.
3. Check backflow system for correct operation.
4. Remove water pipes from top of deck.
Structural:
1. Repair cracked and broken cement dock
2. Add additional floats on west end docks
3. Replace piling hanger at west end.
3300 Newport Boulevard, Newport Beach
The City Harbor Permit Policies state:
10. D. "At the time of transfer, all harbor structures
shall be inspected for compliance with the City's minimum
plumbing, electrical and structural requirements, and the
conditions of the existing permit. All structural
deficiencies must be corrected prior to transfer of the
permit."
A permit -for plumbing or electrical work must be obtained from the
Building Department of the City.
Please submit plans for proposed work by October 15, 1990.
PLEASE ADVISE THIS DEPARTMENT WHEN THE ABOVE DEFICIENCIES HAVE BEEN
CORRECTED. When we have been notified, the structure will again be
inspected and when the requirements have been met the pier permit
will be transferred.
You can telephone 714-644-3044 to request a reinspection of the
structure. If you have questions, please call this number.%.
0-.
SincereW,
Tony Melum, Tidelands Administrator
Wes Armand, Harbor Inspector
9-24-90
Pier Permit Transfer Inspection
The inspection was conducted on 9-24-90 by Ray Baltera and
Steve Hook from the Building Department and Wes Armand from
the Marine Department.
The scope of the work required to complete the transfer is
large and both electrical and plumbing permits will need to
be taken out and submitted for approval.
The docks at the west end of the complex appear to be older
and in need of more repairs. They require a general
maintenance on all electrical and plumbing fixtures.
Generally the problems encountered were:
Electrical
1. repair all broken conduit receptacles and
loose electrical boxes. �'�a \1=1�-
2. replace all missing breakers.:$'P Ovk
3. replace missing face covers on theAboxes.
4. electrical conduit removed from the
surface of the deck.
5. main breaker is unsafe and distribution
panel should be replaced.
6. broken conduit thro�ighout docks. Conduit
needs to be rehung with approved hangers.
7. remove all plugs from subpanel mounted on
sea wall and Plug holes oft bpttom of
panel. .0'LA- � -i7�%
8. much of the electrical not GFI.
Plumbing
1. water pipes rehung with approved hangers.
2. make sure cold water pipes are grounded.
3. verify that back flow system is intact
and operating properly. ,
4. water pipes removed from top of deck.
Structual 1. cement decking cracked and broken, unsafe
for pedestrians.
2. some west end docks require more floats
for stability.
3. one piling hanger at west end must be
replaced. ,
During the inspection it was noted that there were several
zip electrical cords in use on the docks. These are
prohibited near water and is is a violation of the code.
Also, these cords and other cords were strung across the
walkways, which can cause pedestrians to trip.
77d..11
.........
X3 713;� 4rA 15
Mr. Tony K88|um
Tidelands Administrator
K88Une Deportment �
City of Beach
3300 — Newport � Bou|evard
`
P.{].Box 1768 ' �
Newport Beach, CA 92669'1768 `
' .
Dear Tony, `
It was o o(eaouny talking to you on the telephone today. As per your request, | am '
xvhUng to you this letter to complain about the U8 Rental Company and The Winward
Sailing Club.
Asthe enclosed correspondence shows, this has been ocontinuous problem since 1988.
Very frankly, my patience has runout. In the last month a|OnG. | must have called a|UhBr
the PO|iva or the Harbor Patrol for at least five Unnem. �. '
VVhiha | understand that the Sailing Club has the right to conduct business, | believe that �
they are abusing their rights. Their maintenance crew comes a17:0OAM and generates
all sorts of noises. Their sailors leave their boats running for a long period of time even
when they are parked. This creates elot ofwater and air pollution. | have been having
headaches and have been coughing because ofsuch pollution. Their visitors are rowdy
and act like party animals especially on weekends. | cannot remember having one
peaceful weekend during this summer. |tioalways one problem oranother caused bythe
Windward Sailing Club, their maintenance craxx, or their clients.
`
Let's be fa|r, the residence in this area have rights too. | would like to suggest the
following:
`
`
.
Ducks should baclosed tothe public between 10:00 PM and B:0OAM �
People should not baallowed tosleep |ntheir boats ot night.
.
Maintenance crew should not be allowed tostart working before 8:0OAM
.
Sailors should not keep their boots running more than 5 minutes when parked.
| thank you for considering this matter and look forward to hearing from you.
8inoen8|y'
'
Dr. David 8G@U
333GVia Lido, Suite _
Newport Beach, CA '
92663
(714) 723-8467
A "1", 4,
M ay 27, 1988.,
Mr. Robert L. Wynn
City Manager
City Hall
3300 Newport Boulevard
Newport Beach, CA
92663
11
Dear Mr. Wynn,
I am writing to you to complaint about the practice co.nducted by
Winword Sailing Club owned by Mr. John Walters and located at
3400 Via Oporto
Newport Beach, -CA
92663
(714) 675-9060
As you may know, this club is in the business of renttng sailing
boats. Every Friday, the owner runs the majority of his boats, still
docked, almost all day long. I have tried on numerous occasions to
reason with Mr. Walters that such practice is creating a tremendous
amount of noise, air pollution, and water pollution. His answer has
been that he needs to test the engine of his boats'before they go
out. He has been doing it for 10 years, and he will continue to do so
for the next 10 years. He also said that he is paying a high rent,
that this is a commercial area., and that he will run his business as
he pleases.
I found that Mr. Walter's attitude not just unreasonable but arrogant,
selfish, and insensitive to the needs of the residents. in this area.
While I certainly acknowledge Mr. Walter's rights to conduct business,
I find it hard to believe that he can do so by disturbing the peace,
creating all this noise, and causing all this annoying pollution.
If there are any regulations concerning this matter, I would
appreciate if your office enforce the rules so that nobody's rights
are infringed.
I thank you for your assistance. Your prompt response would be
greatly appreciated.
Sincerely
Dr. David Saad
3336 Via Lido, Apt. B
Newport Beach, CA
92663
(714) 723-0978
cc. Arb Campbell - Chief of Police
David Harshbarger - Marine Director
Donald Strauss - Councilman
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
1!
June 1, 1988
Dr. David Saad
3336 Via Lido, Apt. B
Newport Beach, CA 92663
Dear Dr. Saad:
I have discussed your letter regarding the Windward Sailing
I
Club with Mr. Wynn, the City Manager, and he has asked that
I respond to you.'
Tony Melum, the City's Tidelands.Administrator, has talked
with Mr. Walters and asked him to do what he can in the
spirit of being a good neighbor, to lessen the nuisance
of running the sailboat engines for long periods of time.
Mr. Walter indicated that he would meet with you to
determine if'there is a period of time on Thursday or
Friday when he can run the engines as a test prior to the
weekend, that would be less annoying.
The Windward Sailing Club, as ypu know, is located in a
commercial marina in a commercial zoned area of the City.
The marina, when orignally built, was designed to accomodate
sailing clubs and several sailing clubs operate along the
via Oporto zone.
In regard to your question concerning regulations, the City
does not have an ordinance which regulates therunning of
vessel engines at the place of berthing.
Please feel free to give me a call if you wish to discuss
this letter in more detail. I can be reached at 644-3044.
Sincerely,
David Harshbarger
Marine Director
cc: Robert Wynn, CIty Manager
Arb Campbell, Chief of Police
Donald Strauss, City Councilman
3300 Newport Boulevard, Newport Beach ck CA
April 4, 1988
Mr. David M. Pah-1
General Manager
Hornblower Yachts of Newport Beach
P.O. Box 1779
Newport Beach, CA
92663
Dear Mr. Pahl,
On April 1, 1988, the generator of your Newport Hornblower located on
Via Lido was running all night long until about 8:00 AM the next day
when one of your staff, Eric, came down to shut it off. Needless to
say, that this accident created tremendous amount of pollution in the
air and in the water. Furthermore, I could not sleep all night long
because of the noise. In our conversation of today, you admitted that
it was a negligence on your behalf. I hope that such incident will
not happen again.
As you are fully aware of, the Hornblower makes a lot of noise and
produces a lot.of pollution. The generator is kept running, not for
minutes but for hours, every time it is taken in or out of its slip.
As the enclosed letter shows, a petition has already been presented
concerning this particular problem about four months ago. Yet the
problems still exist. You have indicated to me that you will be
moving your operation to the other side of the bay, and more
importantly, you will be installing the appropriate electrical
equipment to solve the generator problem. You have also agreed, that
the problem will be solved by the end of May at the latest.
I would like to point out to you that my neighbors and I have been
more than patient. The situation has become intolerable. We expect
that the following problems be solved on or before May 30, 1988:
Newport Hornblower generator
Busses double parking
Busses blocking parking entrance
Busses parking with a running engine
Loud and noisy passengers
I hope that you are sincere in trying to resolve all these problems.
However, if they are not resolved within the time frame indicated, I
will have no choice but to take all the necessary actions, including a
litigation, to enforce my rights, keep the peace, and reduce the
pollution in the"k environment.. The.Chief of Police, the City Manager,
the Marine Directon, and the Councilman are all aware of the problems
and your promises.
At the risk of being repetitive, and in order to av'�id any actions
against you and your organization, I would like to stress once again
that the above problems mu'st be solved on or before May 30, 1988.
Sincerely,
Dr. David Saad
3336 Via Lido, Apt. B
Newport Beach, CA
92663
(714) 673-7220'
cc. Arb Campbell - Chief of Police
Robert L. Wynn - City Manager
David Harshbarger - Marine Director
Donald Strauss - Councilman
Enclosure
December 16, 1967
David M. Pahl
General Manager, Hornblower Yachts of Newport Beach�
P.O.. Box 1779
Newport Beach,, CA 92663
Dear Mr. Pahl. -
J_. --ion stating complaints
The City has recently rece4ved a Pet -t
from residents and business persons along Via Lido, regarding
Hornblower Yacht charters.
The major complaints are that busses for these vessels
are parking on Via Lido, waiting for passengers to return
for over 30 minutes at a time, with engines running and
making noise and causing air pollution. They are also
double parking and creating traffic disruption. Secondly,
complaints are of loud, resonant exhaust systems on one or
more of the vessels which creates noise problems for long
periods Of time'while the boat is in the slip before depart . ure
or while rotating vessels.
A condition Of Your permit is that passengers bussed to the'
loading 4nd unloading site must park in designated off-street
parking zones at City National Bank. When busses park legally
on , the City streets their engines should be shut off. We
would appreciate Your cooperation in this matter.
In regard to the engine noises of the vesse__
that running -of the engines be kept to an a 1, it is important
bsolute minimum
because of the close proximity to a residential zone. I -
The City staff is aware that Your are aggressively working
to relocate Your operations to a facility along Pacific
Coast Highway. If and when this occurs', it shoul. . d alleviate
some of the problems at the Via Lido site.
If You have questions, please feel free.to call me.
Sincerely,
----------------
David Harshbarger
Marine Director
CC: Councilman Donald Strauss
3300 Newport Boulevardt Newport Beach
r- � .
Hornblower Yachts, Inc.
Of Newport Beach
P.O. Box 1779
Newport Beach, Ca 92663
(714) 549-8866
Dr. David Saad
3336 Via Lido, Apt B
Newport Beach, Ca
92663
Dear Dr. Saad,
.8 April 1988
Thank you for your letter. As we discussed, there was a problem
with our generator aboard the vessel Newport Hornblower on the
evening of I April 1988. The member of my staff who was
responsible for this problem was reprimanded by me. At this
point, I can only apologize for the noise which kept you awake
all night. I am sorry that this occurred.
With regard to the other points in your letter, as we discussed
in our telephone conversation, most of the problems you noted are
not caused by my operation. Let me take a few moments to point
out some key facts which may alter your opinion:
0 There are at least five charter yacht companies which
operate out of the Lido Village Marina. All utilize
bus companies for events. You should know that when
Hornblower Yachts of Newport Beach uses buses the
drivers are carefully instructed to:
- load and unload passengers on Via Oporto in front
of the Mrs Fields store
- wait during the charters at our lot on 32nd
street.
Any buses which, as you note,
- double park
- block the parking entrance
- park with running engines
are associated with other yacht companies. If you wish
to test this I would suggest that you challenge some of
these bus drivers. Simply ask them "what is the name
of the company who charter,ed you?". I am willing to
say right now that you will not find any of those
drivers will be able to answer that Hornblower Yachts
of Newport Beach was their charterer.
0 1 am willing to limit the amount of time that the
generators aboard Newport Hornblower are ' operated. In
fact, we have a policy established which is aimed at
minimizing noise as much as possible. However, I must
say that there are many vessels berthed in very near
proximity to your apartment. All of these vessels have
generators and all tend to run these generators for
long periods of time. I will control my operation,
but you must recognize that I cannot do anything about
the other yachts.
Hornblower Yachts, Inc.
Of Newport Beach
P.O. Box 1779
Newport Beach, Ca 92663
(714) 549-8866
-Dr. Saad, I hope that I have fully addressed all of the points in
your letter. I believe that you will find that the manager of
your apartment complex, Mr. Paul Gad ' dis, is fully aware of the
efforts which we at Hornblower Yachts of Newport Beach have made
to not only minimize our own impact on the community but also to
correct the ommissions of others in our industry who are our
neighbors. I would welcome the opportunity to sit down and
discuss any portion of this letter with you at your convience.
Further, I am more than willing to go with you to the Marine
Department to discuss ways to control the noise and problems
produced by others. Please feel free to call me at any time.
S iMzer e
Hornblower Yachts of Newport Beach, Inc.
cc: Arb Campbell - Chief of Police
Robert L. Wynn - City Manager,
David Harshbarger - Marine Director
Donald Strauss - Councilman
U
J u I y 2 7
Marvin Engineering
260 W. Beach Ave.
Inglewood, Ca. 90302
re: Pier Permit # 124-3400
Lido Marina Village
Dear Sirs:
The Marine Department has been informed that your group has
recently purchased the above mentioned property. The City of
Newport Beach Municipal Code, chapter 17.24, section 030,
requires this department to approve all transfer of pier
permits.
section 17.24.030 " No person shall transfer a permit
pier, float or similar structure granted under the
provisions of this Chapter without prior written
approval of the City, No person who as an abutting
upland owner
or lessee of real property was granted a permit for a
pier, float or similar structure shall retain any right
of use in such Dier, float or similar structure after
having divested himself of the ownership or leasehold
interest in such real property. Upon such divesting,
the ownership interest in such pier, float or similar
structure shall remain with the person to whom the
permit was granted, but the right of use thereof shall
vest in the Citv until such time as a permit for such
pier, float or structure is granted to another person."
4
P"'Leas-e return the enclosed application to -the Mar-LnL
De'oartment. Remit $275.00., plus $70.00 for not applyIng
within 30 days of escrow.,closing for tiTe tr-ansfer
application. . Check should be payable to the Citv of Newport
Beach.
A pier inspection by the Marine Department is needed before
the transfer can be completed.
If you need to discuss this further, please call 714-644-
3044. '11�
SinciB�rely,
Wes Armand, Marine Depart�nent
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Discussion:
This application is before the City Council as required by Section
5.C.4 of the Harbor Permit Policies, which states:
5.C.4. "Prior approval of the City Council will also be
required before issuing a permit for shore -connected
structures when approved Bulkhead Lines, Pierhead Lines,
or setback lines do not exist."
The applicant wishes to temporarily revise a section of docks in
two locations for his 22nd Annual In the Water Boat Show. The two
locations are.the Newport Dunes and Lido Village.
At the Dunes, the revision will consist of the construction of a
temporary bridge from the parking area to the existing slips and
the addition of 610 feet of additional docking space at the end of
the same existing slip configuration.
At Lido Village, the temporary revision will consist of the
installation of approximately 400 feet of temporary docking bayward
of the existing marina.
The temporary docking will be installed at both locations on March
27, 1995, and removed no later then April 13, 1995. The applicant
has discussed the temporary structures with both the Orange County
Sheriff's Harbor Patrol and the City Fire Department and will meet
any conditions they might impose prior to installation.
The temporary dock systems in both locations, and the pilings, will
be reviewed by a licensed structural engineer and approved by the
City's Public Works Department prior to installation.
Tony MeM
Acting Marine Director
tmboatshow
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CONDITIONS FOR APPROVAL
1. That the dock units and method of attachment be approved by the Marine
Department and the Public Works Department prior to installation.
2. That the applicant contact the Sheriff's Harbor Patrol and meet any
conditions they might impose prior to September 10, 1996.
3. That the applicant have the plan reviewed by the City Fire Department
and meet any requirements they may have prior to September 10, 1996.
4. That the temporary docks be removed no later than September 24,1996.
5. That during the boat show, fire lanes, approved by the Sheriff's Harbor
Patrol, be maintained by the applicant in the temporary docks.
6. No vessel engines will be started during the show.
7. No cooking will be allowed on vessels during the show.
8. No one will be allowed to stay overnight on vessels moored at the
temporary docks.
9. Applicant must provide "Proof of Insurance" approved by the City
Attorney's Office.
10. All walkways on docks shall be clear of lines, wiring or other obstructions,
unless properly secured and covered with tape.
CERTIFICATION
1, the undersigned, do hereby certify that to the best of my knowledge and belief except as
otherwise noted in this report:
1) That the statements of fact contained in this report are true and correct.
2) That the reported analyses, opinions, and conclusions are limited only by the
reported assumptions and limiting conditions, and are our personal, unbiased
professional analyses, opinions, and conclusions.
3) That I have no present or prospective interest in the property or properties that are
the subject of this report, and I have no personal interest or bias with respect to the
parties involved.
4) That my compensation is not contingent upon the reporting of a predetermined value
or direction in value that favors the cause' of the client, the amount of the value
estimate, the attainment of a stipulated result, or the occurrence of a subsequent
event.
5) That, to the best of my knowledge and belief, the reported analyses, opinions and
conclusions were developed, and this report has been prepared, in conformity with
the requirements of the Code of Professional Ethics and the Standards of
Professional Practice of the Appraisal Institute and the Uniform Standards of
Professional Appraisal Practice (USPAP).
6) That I have made a personal inspection of the property or properties that are the
subject of this report, on May 29, 1998, and June 2, 1998.
7) That no one provided significant professional assistance to the persons signing this
report.
8) That, the use of this report is subject to the requirements of the Appraisal Institute
relating to review by its duly authorized representatives.
9) That, as of the date of this report, I have completed the requirements of the
continuing education program of the Appraisal Institute.
Respectf011y submitted,
)Ri hard� A. F er, MAI
Certifie� eneral Real Estate Appraiser
License Number AGO0321 0
(February, 1992)
N
MARINA
r LZ
_J1
ON THE WATER FRONT ... IN NEWPORT BEACH, CALIFORNIA
MANAGEMENT / LEASING OFFICE
3421 VIA OPORTO, SUITE 200, NEWPORT BEACH, CA 92663-6302 - (714) 675-8662
TO: Tony Melum
Tidelands Administrator
And
David Harshbarger
Marine Director
FROM: Rod Farley
Lido Marina Village
Subject: Ordinance 88-18
Chapter 17:30 Pump -out stations
Gentlemen:
As we are required to install pump out stations for the different
sailing clubs, charters, boat clubs and private yacht clubs, we would be
required to make several different hook-up locations at the bulkhead and
provide lateral lines for waste disposal to the main sewer lines.
The main sewer lines run through the complex, down the center of Via
Oporto, which is the cobblestone street through the shopping center. This
would cause us to excavate between different buildings and temporarily
close the boardwalk at those same locations to reach the bulkhead for the
proposed hook-up locations.
This would be very costly to the owners of the property and very
disruptive to the retail shops and offices.
OPTION NO. 1 (Preferred)
As an alternative, we would propose to install a dock at the end of
the Bay Lido Building, on the northwest end of our property line.
The dock would be of sufficient size to allow the installation of a
capacity pump out station, and the dock would only be used for the
discharge of waste.
We would provide the personnel necessary to maintain the safe
operation and up keep of the dock and equipment. The dock would be open to
use of the public for pump out operations, free of charge.
See Exhibit "All
*Denotes Proposed Dock Location
Professionally Managed by American Property Administrators, Inc
OPTION NO. 2
At present we are proposing to redesign the existing wood docks at the
northwest end of our property, located behind the Warehouse Restaurant.
The reason we are doing so, is that we would like to up grade the quality
and utility of the docks for the benefit of our tenants.
At this time we are in negotiations with the owners, management and
tenants as to the best approach to the upgrade and redesign. This should
be completed in the next few weeks.
We would install a new pump out at the end of a dock that would be
deemed most suitable for water crafts to approach and depart.
See Exhibit "B"
*Denotes Proposed Pump Out Location #2
we therefore are requesting a 90 day extension for the installation
of the proposed pump out station.
I have discussed this situation with Wes Armand of the Marine
Department and he has talked with both Tony Melum, Tidelands Administrator
and David Harshbarger, Marine Director, about this proposal.
If we could have the proposal presented to the committee for
consideration, it would be greatly appreciated. We are eager to assist in
any way we can to abide by the regulation for the installation of a new
pump out that would be used by our tenants, and the general boating
public.
If I can be of any further assistance to you, I can be reached at
(714) 675-8662.
Respectfully yours,
6 t 41tA41 f
Rod Farley O/W
January 19, 1978
Lko Village
3 nNY
/7' 17 �7:�?
iL\ A N z
A N V.
R4 WI
JOV
/-07--57
3336 Via Lida
Newport Beach, CA 92663
(Apartments)
1401 Bayside Dri'�
Should the permi
commercially zo ed
stand pipe mu be
cabinet inst Yled.
decide to reconfigure the docks while
the Fire Department connections to the dock
oucrht street side and an additional hose
3366 Via Lido (Olenicoff)
If the permittee should decide to physically separate the docks
by fencing or other means, he then must provide street side Fire
Department connections to the dock stand pipe system (hose
cabinets) and an additional cabined on the headwalk.
0 UA. bVIRAL %9FACING
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is 08. 6081 on 7.9w I.D. clrvtg -
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SPECIFICAtIONS
CL A5 8: - - - - - - - - - - - - - --
COHr 120#4) PILE SECTION
wRE79 UIX.* - - - - - - CHJ-64 63
CONCRE79 67 RENOTH: -f'c =9000 P.S.I. 4 28 otys
f1c, =3500 P-8-1. c Transfor
STRAND: - - - - - - - - - - - - A - 1/2" Q4. :701 Quantity
SPIPAL . . . . . . . . . . . . . . a as. A.S.T.U. A-82
AREA OF STEEL: . . . . . . . . 163 SQ. in. x 4 $1, 1 gndg .622
IN171AL FORCE i 51RAND: Lbs. x d( Sfi&nds
EFF PRESTRESS (30750-.1 52XS 0000 Lotstis) X A 61trind 730 PSI
1*43 SQ In
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04/24/1995 14:43 9098227543
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L a VARICS
UTILITY VAULT CO. PAGE 0.0
REVISIONS
DATE By
34
CLA
J`pLA.N V I Z rF j
QUANTrTY z 8
L
SECTION A- A
N. T. S,
UTILITY VAULT L Ll,
DRAWN 'URI]
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1/18/931
immi18' SQUARE PPESTP.ET-4SED PILE: .—. I- -
INTRA AMERICAN FOUNDATION & DRILLING DWG� NO. REY
U N 0-C AL S R 0 A 15-224 1
WILmINGTON, CALIFORNIA SCALE N,T,S, SHEET OF
77
NOTES
1, CONCRETE INV
f% = 4000 PSI @ TRANSFER L MOVING
f'r, = 6000 PSI @ P-8 DAYS L TIME OF DRIVING
MIX I)CllrN 44 UV -119A
2, REINFORCING
PRESTRESSING STEEL SHALL CONFORM TO
ASTM A-416 GRADE E70
I SPPAL
W-3.5 SPIRAL
I.OwN Im PLm vlEw.
EFI'ECTIV� PRESTRESS IN STRAND = 164 7 KST
EFFEMIVE PRESTRESS IN CONCRETE = 778 PSI
4. SFrTTfIN PRnPFRTIES
18' SQUARE PILE
ARLA ,;; �iL'4 SUIN.
As = 10 STRAND X 153 SUAN, = L.53 SQ,IN,
PptsTROSING
WEIGHT = 350 POUNDS PER FIXIT
AND3 CQUALLY 5PACED
S, PlLr PICKUP POINTS
15L 3SL .35L -15L
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i, CHAmrcR A�l,
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UTILITY VAULT L Ll,
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1/18/931
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INTRA AMERICAN FOUNDATION & DRILLING DWG� NO. REY
U N 0-C AL S R 0 A 15-224 1
WILmINGTON, CALIFORNIA SCALE N,T,S, SHEET OF
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PRDVISIDNSo STANDARD DRAWINGS9 AND DESIGN
CRITERIA FOR.- PUBLIC WORKS, CONSTRUC�TION6-
m7mm
SAM F. KNISS
CONSULTING CIVIL ENGINEER'
19 AGATE, IRVINE'CA..'92714
(949) .733-8430
377
SCALEW.0�00i
DRAW liY i 4rle
DATE REVISEDI',.
OF C
�F AA9V1,o0c1 C.4 77 Ootl -7
-46
MARVA Y11 -44C -
SHEET OF,'
Melum, Tony
From: Everroad, Glen
Sent: Monday, December 13,'�,1-$',9'99-4:27 PM
To: Wood, Sharon; Clauson, Robin; Bludau, Homer; Temple, Patty; Melum, Tony; Riley, Tim
(Fire)
Subject: RE: Lido Village marina parking
I'd love the challenge if I thought there was the slightest opportunity for additional sales tax. Unfortunately, we don't
participate in the boat owner's two best days - the day he sells and the day he buys. These brokers do not take title of the
vessel, and do not collect sales tax. DMV collects and allocates the tax based on the buyer's city of residence. Revising
the sales tax allocation on boat sales is one of the revenue items identified in Dennis'five year revenue forcast that we will
be pursuing. In the meantime, I don't see any potential increased opportunifly for the City from LMV yacht brokers.
----- Original Message -----
From: Wood, Sharon
Sent: Monday, December 13,1999 12:08 PM
To: Clauson, Robin; Bludau, Homer; Temple, Patty; Melum, Tony; Riley, Tim (Fire); Everroad, Glen
Subject: RE: Lido Village marina parking
I might be inclined to change the parking requirement for brokers as part of a lease that provides for the City to receive
more revenue - assuming the number of boats stored doesn't create safety problems. If they want to crowd the
marina to make more money, they should share it with us. While Jerry's proposal for tracking the number of boats
could result in more sales tax to the City, it sounds like a horrible administration job for Revenue.
----- Original Message -----
From: Clauson, Robin
Sent: Monday, December 13,1999 11:35 AM
To: Bludau, Homer; Wood, Sharon; Temple, Patty; Melum, Tony; Riley, Tim (Fire); Everroad, Glen
Subject: Lido Village marina parking
Its been a little over thirty days since I sent the letter to Donna Larson. Jerry King was hired to work out the
problems with us and I met with him on November 23rd. Jerry told me that they intended to comply with the
parking and berthing limits and were making plans for charter parking that did not double dip existing
requirements. They were looking into offsite parking with bus shuttles. Donna Larson was also going to pull all her
leases and see how each lease allocated parking.
Jerry also claimed that the excess boats are a result of the boat brokers putting as many boats as they can into
the slips they have rented. He claimed that the property owner is only getting rent for the slips and not any extra
for the boats that are sold or docked. He asked if the City would be inclined to amend the parking regulations for
commercial marinas to have a different requirement for yacht brokerages. He compared it to a parking
requirement for car lots or yacht brokerages on land. One advantage of this would be to enforce a different
parking requirement we could require the brokerage to keep a list of boats available for sale and provide to city.
Jerry pointed out it would be a way of tracking boat sales in the city to get sales taxes.
Has anyone else heard any follow up on any parking compliance? I have a call in to Jerry King and was thinking
Tony should go out to see if they are now complying with the berthing requirements.
Melurn, Tony
From:
Clauson, Robin
Sent:
Monday, December 13, 1999 11
To:
Bludau, Homer; Wood, Sharon;
Glen
Subject:
Lido Village marina parking
:35 AM
Temple, Patty; Melum, Tony; Riley, Tim (Fire); Everroad,
Its been a little over thirty days since I sent the letter to Donna Larson. Jerry King was hired to work out the problems with
us and I met with him on November 23rd. Jerry told me that they intended to comply with the parking and berthing limits
and were making plans for charter parking that did not double dip existing requirements. They were looking into offsite
parking with bus shuttles. Donna Larson was also going to pull all her leases and see how each lease allocated parking.
Jerry also claimed that the excess boats are a result of the boat brokers putting as many boats as they can into the slips
they have rented. He claimed that the property owner is only getting rent for the slips and not any extra for the boats that
are sold or docked. He asked if the City would be inclined to amend the parking regulations for commercial marinas to
have a different requirement for yacht brokerages. He compared it to a parking requirement for car lots or yacht
brokerages on land. One advantage of this would be to enforce a different parking requirement we could require the
brokerage to keep a list of boats available for sale and provide to city, Jerry pointed out it would be a way of tracking boat
sales in the city to get sales taxes.
Has anyone else heard any follow up on any parking compliance? I have a call in to Jerry King and was thinking Tony
should go out to see if they are now complying with the berthing requirements.
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CONCRE79 67PENOTH.- - --flc =fDoo P.S.I. 4 2& cgyl
f 'c, =3500 P. $.1. 9 T f
STRAM - - - - - - - - - - - - A w 1/20* QIA. 270t
SPIPAL ..............
54. In. X 4 51tands .622
AREA OF STEEL:� - - - - - - - 183 IS
INI'TIAL FORCE I SISAND: Lbs.
EFF PRESTRESS (30750-.15*1,X2 0000 Lozzes) X A Slmnd 7
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INTR-A AMERICAN FOUNDATION & DRILLING DW& NOL REV.
UNOCAL SRO A 15-224 1
WILMINGTON, CALIFORNIA SCALE SHEET BF
1377
NOTES
1, CONCRETE
f'c = 4000 PSI @ TRANSFER L MOVING
Pc = 6000 PSI @1 213 DAYS L TIME OF DRIVING
MIX DESICN 4 UV -119A
2, REINFORCING
PRESTRESSING STEEL SHALL CONFORM TO
ASTM A-416 GRADE 270
1 SPPAL
W-3.5 SPIRAL
.Owjw Im PLm vIEw.
3. Pr.TtVFr_ PlP0'%1A=
EFI'ECTIV� PRESTRESS IN STRAND = 164.7 KST
EFFEC7IV--- PRESTRESS IN CONCRETE = 77S PSI
4. SECTIll 4 PRnPFRTIFS
18' SQUARE PILE
AXL,A = 3d4 SUIN.
As = 10 STRAND X 153 S0114, = 1.53 SQ,IN,
pPts?RtsswG
WEIGHT = 350 POUNDS PER F130T
IANDS QUALLV SPAM
c
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CRITERIA FOR PUBLIC WORKS CONSTRUC
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SAM F. KNISS
CONSULTING CIVIL ENGINEER,
19 AGATE, 1RVINE,CA. .92714,
(949) -733'8430,
037
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MIX DEVON 14 UV -119A
2, RETNFnRCING
PRESTRESSING STEEL SHALL CONFORm TO
ASTM A-416 GRADE 270
W-3.5 SP]RAL
13. LLmQl;y-Lcff=f=
EF'IECTIV� PRESTRESS IN STRAND J64,7 KST
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4. SECTION PROPERTIES
18' SQUARE PILE
Alft,A = 3d4 SU.IN.
As = 10 STRAND X .153 SUAN. = 1.53 SG,IN,
WEIGHT = 350 POUNDS PER FE30T
5, PILr PICISUP POINTS
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B9AWN IRO �IAT�.
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UTILITY VAUL T 0, GiECKED
APPROVED
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NO. DATE REVISION:
DRAWN BY SHEET NO.
PILING LAYOUT DATE MARINE CONSULTING & DESIGN
SCALE so 2400 W. COAST HIGHWAY NEWPORT BEACH, CA 92663
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STANDARD ALL CONSTRUCTION SHALL CONFORM TD'THE CITY"
1A 04 e —� el-! -76 bPECIFICA'TIONS OF NEWPORT BEACH STANDARD SPECIAL
PROVISIONSO STANDARD DRAWINGSy,AND DESIGN
I P B Ic ORKS, CONS CTION.
''SAM F. KNISS
CONSULTING. CIVIL ENGINEER
17 AGATE, IRVINEXA, 92714
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GRAPHIC SCALE: 1 30'
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The Reach Foundotl>\-
Vectra Cruise' I at Floor
'Vacant'
'Annette's Place' 'LoVonne's Florist' .. . ....
Vacant'
'Randall Burg—Yochts'
let Floor I
monno MIC, M
'Vacant*
Role Parfurnerle' 2nd Floor 2nd Floor
Mandono's Boutique' 'Boris Violins' 'Vacant'
'Atlantic BrIdde
'Sober UAng by the Sao' '�ompton Yachts' 2nd Floor
Affair i I
:Sperry Von N;sa 2nd Floor
Is Bistro Restaurant' Yachts' 'Bakhtor Assoc.'
Thai Body Work*
'BMA Architects' 'Tenant Unknown' 2nd Floor
2nd Floor Blue C Communications' Vacant' 1.
Capital Direct'
'Trovelogic/Clorion'
DI=O 'Headhunters Extroordtnairs'
342 34S A OPORTK
WD. WALL
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3440-3446 MA OPORTO
2 -STORY
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EXP. 12/31/07
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