Laserfiche WebLink
A-2016-270 <br />FIRST AMENDMENT TO <br />CONTRACT OF AGREEMENT (LEASE) BETWEEN <br />SANTA ANA UNIFIED SCHOOL DISTRICT AND CITY OF SANTA ANA <br />THIS FIRST AMENDMENT TO CONTRACT OF AGREEMENT ("First Amendment") is made as of <br />September 14, 2016 ("Effective Date"), by and between the Santa Ana Unified School District, a California <br />public school district ("District"), and the City of Santa Ana, a charter city and California municipal <br />corporation ("City"). District and City may be referred to herein individually as "Party" and collectively as <br />"Parties." <br />RECITALS <br />WHEREAS, District and City entered into that certain Contract of Agreement, dated September 19, 1917 <br />("Lease"), whereby District leased to City, and City leased from District, certain real property located at <br />595 East 10 Street, in the City of Santa Ana, to be used for well purposes and for the placement of a <br />water tank occupied and enclosed by the City ("Premises"); and <br />WHEREAS, the term of the Lease is for a period of ninety-nine (99) years and is set to expire as of <br />September 19, 2016 ("Term"); and <br />WHEREAS, the Parties desire to effectuate an exchange of real property where the City would acquire <br />ownership of the Premises in return for the District acquiring ownership of a City -owned parcel that is to <br />be determined ("Exchange"), and the Parties are currently in negotiations regarding the Exchange; and <br />WHEREAS, if the Exchange is not effectuated, the Parties may agree to some other mutually agreed upon <br />disposition ("Disposition"); and <br />WHEREAS, District and City desire to extend the Term of the Lease to allow the Parties to further explore <br />and agree upon terms for the Exchange and/or Disposition; and <br />WHEREAS, the Parties now mutually intend to amend the Lease's provisions as set forth herein this First <br />Amendment. <br />NOW THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, District and City <br />agree as follows: <br />1. Extension of Term. <br />1.1. The Parties acknowledge and agree that the Term of the Lease is hereby extended for an <br />additional seven (7) months, and shall expire on April 19, 2017, in order for the Parties to <br />continue pursuing the Exchange and/or Disposition. <br />1.2. In the event the Parties determine that additional time is needed to effectuate the Exchange <br />and/or Disposition, the Parties shall mutually agree in writing to extend the Term of the Lease <br />for an additional period to be agreed upon by the Parties and effectuated in a subsequent <br />written amendment to the Lease approved by the Parties. <br />First Amendment to Lease —SAUSD & City— Davis ES Water Tower Page 1 <br />