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R-10426CA:flatty\muni\laws\em\JC Reso 081709 City Council Meeting 090809 Santa Monica, California RESOLUTION NO. ~na?F (CCS) (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO ENTER INTO A FIRST AMENDMENT OF THE LEASE WITH THE JONATHAN CLUB WHEREAS, the State, the City and the Club entered into that certain Permit for Improvements and Lease Option Agreement effective as of January 1, 1985 (the "Lease"), which was recorded in the Official Records of the County of Los Angeles, State of California on December 27, 1984 as Instrument 84-1509823. WHEREAS, under the terms of the Lease, the State and the City leased to the Club three separate parcels of the Santa Monica State Beach described therein and referred to as Parcels A, B and C, collectively the "Parcels," for a period of twenty-five (25) years commencing January 1, 1985, with an option to lease the Parcels for an additional ten (10) years subject to a finding by the State and the City "that there has been no material change in the need. of the State or City for the use of each of the Parcels." WHEREAS, on July 14, 2009, July, 28, 2009, and August 11, 2009, the Council held public meetings concerning the Club's option to extend. The Council has received and reviewed the staff report and the supplemental staff report, the attachments thereto, the submission from the Club and the supplemental submission from the Club, and has heard public testimony on the issue of whetherthere has been a material change inthe need for public use of the three beach parcels currently leased to the Jonathan Club. 1 WHEREAS, at the public meeting on July 28, 2009, the Club submitted a proposal (the "Club Proposal") to enter into a First Amendment of the Lease containing the following terms: i) an option term of ten (10) years commencing January 1, 2010 to and .including December 31, 2019 ("Option Term") at which time the term shall terminate automatically; ii) payment of annual rent to the City in the amount of $125,000 due on January 1St of each year during the Option Term; iii) concurrently with the payment of Annual Rentduring the Option Term, ah Improvement Fund Contribution of $75,000 per annum to the City for capital improvements on Santa Monica State Beach to be used at the sole discretion of the City after consultatioh with the Club; and iv) release of the City from any claims connected with a prior rental overpayment made by the Club, estimated to be $212,300; and v) release- of the Club from any claims connected with any prior encroachments on Santa Monica State Beach adjacent to the three beach parcels. WHEREAS; additional public improvements and recreational opportunities are needed at Santa Monica Beach, and particularly on the North Beach. WHEREAS, such additional public improvements and recreational opportunities could be sited on the Parcels, but could also be sited at other locations. WHEREAS; the Club's Proposal to the City would benefit public use by providing .revenues forthe Santa Monica Beach and capital improvements thereon. Upon balancing 2 the public need for Parcels A; B and C for the next 10 years against the benefits provided by the Club Proposal, the City determines that there is no material change in the use of Parcels A, B or C at this juncture and that the exercise of the option to extend the term for 10 years is appropriate. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES FIND AND RESOLVE AS FOLLOWS: SECTION 1. There has been, as yet, no material change in the City's need to use each of the Parcels. SECTION 2. At the expiration of the ten year option and termination of the Lease, the City may, in its unfettered discretion, limited only by the City's obligations to the State of California, opt to change the use of any or all of the Parcels. SECTION 3. The City Manager is authorized to enter into an amendment of the Lease in accordance with the Club's Proposal for the exercise of the option to extend the Lease term at the expiration. of which, the Lease shall automatically terminate. SECTION 4. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: Mars a Jo Moutrie City ttor 3 Adopted and approved this 8th day of September, 2009. ~- Ken enser, Ma or I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10426 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 8th day of September, 2009, by the following vote: Ayes: Council members: Bloom, Davis, Holbrook, McKeown Mayor Genser, Mayor Pro Tem O'Connor Noes: Council members: None Abstain: Council members: None Absent: Council members: Shriver ATTEST: ~.. Maria Stewart, City Clerk