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INSURANCE NOT ON FILE A-2020-061
<br />WORK MAY ZT PROCEED
<br />CLERK OF COUNCIL
<br />DATE; APR 0 9 26Z0
<br />e.r �ls
<br />t5 iI vi a, 91VXTH AMENDMENT TO NOVATION OF LEASE AND LEASE AGREEMENT
<br />BETWEEN CITY OF SANTA ANA AND RIVER VIEW GOLF
<br />THIS SIXTH AMENDMENT to the above -referenced agreement is entered into on April 1, 2020,
<br />by and between River View Golf, LLC ("River View") and the City of Santa Ana, a charter city
<br />and municipal corporation organized and existing under the Constitution and laws of the State of
<br />California ("City").
<br />RECITALS
<br />A. On November 2, 1964, City and River View entered into a lease of City -owned real property
<br />along the southeasterly border of the Santa Ana River Channel north of 17a' Street for the
<br />construction and operation of a golf course on such property.
<br />B. On March 11, 1974, the parties entered into a Novation of Lease and Lease Agreement, No.
<br />A-74-1 I ("Lease Agreement"), by which the 1964 lease was extinguished and a new lease for
<br />the same property was executed.
<br />C. The parties have since entered into five amendments to the Lease Agreement dated April 21,
<br />1975 (No. A-1975-28), May 5, 1975 (No. A-1974-32), February 5, 1996 (No. A-1996-014),
<br />March 5, 2001 (No. A-2001-053), and June 15, 2018 (No. A-1996-014-01), respectively.
<br />D. On June 27, 1988, by Assignment of Lease No. A-1988-040, the Lease Agreement was
<br />assigned to Mary P. Keane as member of River View Golf Company, now known as River
<br />View Golf, LLC.
<br />E. The Lease Agreement, as amended, remains in effect through April 30, 2026.
<br />F. As a result of the global Coronavirus (COVID-19) pandemic, declarations of emergency have
<br />been made by the federal and state governments, and by the County of Orange. On March 1.7,
<br />2020, by Resolution No. 2020-016, the City of Santa Ana declared a local emergency.
<br />(collectively with related federal, state, and county orders, "Government Orders"). Ensuing
<br />physical distancing and other measures imposed by government have made it impossible for
<br />recreational facilities such as golf courses to operate. On. March 18, 2020, the County of
<br />Orange directed similar facilities to close during the pandemic in accordance with written
<br />guidance on March 16, 2020, by the California Department of Public Health, relating to Retail
<br />Food, Beverage, and Other Related Service Venues.
<br />G. River View Golf Course has closed to the public due to the Government Orders, and the parties
<br />now wish to amend the Lease Agreement to provide River View certain relief from payment
<br />of rent during the period of closure because of the COVID-19 panderic.
<br />The Parties therefore agree:
<br />1. Section 3, Rent, is amended such that no rent shall be due or payable under the Lease
<br />Agreement, as amended, for the period that River View Golf Course is closed to the public
<br />due to the COVID-19 pandemic and as a result of the Government Orders, as maybe amended
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