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HomeMy WebLinkAboutRIVER VIEW GOLF LLC.INSURANCE NOT ON FILE A-2020-061 WORK MAY ZT PROCEED CLERK OF COUNCIL DATE; APR 0 9 26Z0 e.r �ls t5 iI vi a, 91VXTH AMENDMENT TO NOVATION OF LEASE AND LEASE AGREEMENT BETWEEN CITY OF SANTA ANA AND RIVER VIEW GOLF THIS SIXTH AMENDMENT to the above -referenced agreement is entered into on April 1, 2020, by and between River View Golf, LLC ("River View") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On November 2, 1964, City and River View entered into a lease of City -owned real property along the southeasterly border of the Santa Ana River Channel north of 17a' Street for the construction and operation of a golf course on such property. B. On March 11, 1974, the parties entered into a Novation of Lease and Lease Agreement, No. A-74-1 I ("Lease Agreement"), by which the 1964 lease was extinguished and a new lease for the same property was executed. C. The parties have since entered into five amendments to the Lease Agreement dated April 21, 1975 (No. A-1975-28), May 5, 1975 (No. A-1974-32), February 5, 1996 (No. A-1996-014), March 5, 2001 (No. A-2001-053), and June 15, 2018 (No. A-1996-014-01), respectively. D. On June 27, 1988, by Assignment of Lease No. A-1988-040, the Lease Agreement was assigned to Mary P. Keane as member of River View Golf Company, now known as River View Golf, LLC. E. The Lease Agreement, as amended, remains in effect through April 30, 2026. F. As a result of the global Coronavirus (COVID-19) pandemic, declarations of emergency have been made by the federal and state governments, and by the County of Orange. On March 1.7, 2020, by Resolution No. 2020-016, the City of Santa Ana declared a local emergency. (collectively with related federal, state, and county orders, "Government Orders"). Ensuing physical distancing and other measures imposed by government have made it impossible for recreational facilities such as golf courses to operate. On. March 18, 2020, the County of Orange directed similar facilities to close during the pandemic in accordance with written guidance on March 16, 2020, by the California Department of Public Health, relating to Retail Food, Beverage, and Other Related Service Venues. G. River View Golf Course has closed to the public due to the Government Orders, and the parties now wish to amend the Lease Agreement to provide River View certain relief from payment of rent during the period of closure because of the COVID-19 panderic. The Parties therefore agree: 1. Section 3, Rent, is amended such that no rent shall be due or payable under the Lease Agreement, as amended, for the period that River View Golf Course is closed to the public due to the COVID-19 pandemic and as a result of the Government Orders, as maybe amended #33195v2 Page 1 of 2 or extended from time to time ("Closure Period"), When the Government Orders, as amended, extended, or otherwise, no longer prevent River View CiolfCourse l'ram opening trnd operating to the public for business, as reasonably determined by the parties, River View shall be obligated to pay rent under the [,ease Agreement, as amended, effective immediately. The parties agree that no back rent: shall be clue or payable for the Closure Period, 2. '['he suspension of rent during the Closure Period Under this Sixth Amendment is intended solely because of impacts to River View due to the COVID-19 pandemic and not for any other reasons. 3. Except as modified by this Sixth Amendment, and all prior Amendments„ all terms and conditions orthe Lease Agreement, as amended, shall remain in fill[ force and aticct. IN W I'I'NrSS WHEREOF, the patties hereto have executed this Sixth Amendment to Novation of' Lease and Lease Agreement on the date and year first written above. ATTEST t airy Gomez Clerk of the Council APPROVED AS TO FORM SONIA, R. CARVALHO, City Attorney By: /IV�YE � _ rn M. �unlc Senior Assistant City Attorney RECOMMENDED FOR APPROVAL < K.A I. S udioff EXCCUlive Director Parks, Recreation, and Convnunity Services Agency CITY OF SANTA ANA. I ristine tdge�_— — City Manager RIVER VIEW GOLF, LIX By: Title: 4 #.%6-A404T1L #331950 Page 2 of' 2