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HomeMy WebLinkAbout70-097RESOLUTION NO. 70-97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, APPROVING AS TO FORM A CERTAIN AMENDMENT TO SANTA ANA CITY HALL LEASE. The City Council of the City of Santa Ana, C~lifornia, DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: Section 1. That certain document entitled "AMENDMENT TO SANTA ANA CITY HALL LEASE", attached hereto, is hereby approv- ed as to form. Section 2. It is the intent of this City Council to authorize the execution of said Amendment following receipt of bond bids by the Orange County Civic Center Authority and the calculations of an annual rental to be inserted in said Amend- ment. Section 3. The City Clerk is authorized and directed to file certified copies of this Resolution, including the attached Amendment, with the Orange County Civic Center Authority and with 0'Melveny & Myers, attorneys, Los Angeles, California. ADOPTED, SIGNED AND APPROVED this oJ3? day of ? , 197o. ,,, Mayor of the City of A~EST: Santa Aha, California City Clerk of the City of Santa Ana, California STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SANTA ANA ss. a California, DO HEREBY of the City of Santa _, CERTIFY that the foregoing resOlution was duly adopted by the City Council of said city and wa~ approved by the Mayor of said city at a ~~~ regular.meeting of said City Council held ~-~ the~ day of ~ , 197~ , and that it was so adopted as follows: ~ · · AYES: Councilmen .~, ~~ ~~~ NOES: Councilmen ~~ ABSENT: Councilmen ~-~c;~4-~~-~ (S AL) City Clerk of the City of Santa Ana, California 3/88 - Due to p~.or condition the origiDal was'destroyed. AMENDMENT TO SANTA ANA CITY HALL LEASE THIS LEASE AMENDMENT, dated for convenience as of , 1970, by and between the CITY OF SANTA ANA (hereinafter called the "City"), a municipal corporation in the State of California, and the ORANGE COUNTY CIVIC CENTER AUTHORITY (hereinafter called the "Authority"), a public authority and agency duly organized and existing pursuant to an agreement entitled "Joint Exer- cise of Powers Agreement Between the City of Santa Ana and the County of Orange Creating the Orange County Civic Center Authority", W I TN E S SETH : WHEREAS, the City and the Authority have hereto- fore entered into a lease entitled the "Santa Ana City Hall Lease", dated for convenience as of June 23, 1969 (herein- after called the "Lease"); an4 WHEREAS, the City and the Authority desire to amend the terms of the Lease as set forth herein; NOW, THEREFORE, in consideration of the mutual promises and agreement herein contained, the parties hereto agree as follows: Section 1. The definition of "City Hall" in Section 1 of the Lease is amended to read as follows: "'City Hall' means the new Santa Aha City Hall, together with City Council Chambers and additions to the Police Building, and includes access roads, park- lng, landscaping and other facilities and appurtenances necessary or convenient therefor." Section 2. The defnition of "Leased Premises" in Section 1 of the Lease is amended to read as follows: "'Leased Premises' and 'Project' means the Site and the City Hall situated thereon." Section 3. Section 1 of the Lease is amended by adding the definition of the term "Fiscal Year" to read as follows: "'Fiscal Year' means the Fiscal Year as esta- blished from time to time by the City, being as of the date of this Lease, the period from July i to and including the following June 30." Section 4. Section 2 of the Lease is amended to read as follows: "The Authority hereby leases to the City the Site as more fully described in Exhibit A and Exhibit A-l, attached hereto and made a part hereof, subject to conditions, revisions, exceptions and rights of way which are of record. The Authority hereby also leases to the City the City Hall, and said lease of the Site and the City Hall together constitute the Leased Premises and the Project." Section 5. The first paragraph of Section 3 of the Lease is amended to read as follows: "The term of this City Hall Lease shall commence when the Project is completed and available for occu- pancy and written notice on the City by the Authority, term shall commence no later 1973." thereof has been served provided that the than November 1, Section 6. Section ~(a) of the Lease is amended to read as follows: "For the period commencing on November 1, 1972, or on the date when the Project is completed and available for occupancy and written notice thereof has been served on the City by the Authority, which- ever is later, the City agrees to pay for the use of the Project during each Fiscal Year, equal install- ments of Base Rental at the rate of $ per year. The City agrees to pay said Base Rental to the Trustee for the account of the Authority. In the event that the liability of the City to pay Base Rental does not commence on November 1, 1972, the rent to be paid for the remaining portion of the Fiscal Year in which such liability commences shall be pro- rated and shall be paid within thirty (30) days following commencement of such liability, but in no event shall such payment be later than the next succeeding June 30. During the remainder of the term of this City Hall Lease, Base Rental shall be due on July 1 and shall be payable on or before July 31, in each Fiscal Year for use of the premises during said Fiscal Year." Section 7. Section ~(b)(v) of the Lease is amended to read as follows: e of "(v) All sums necessary to maintain at the amount of $1,000 the Working Capital Fund established pursuant to the Resolution." Section 8. The last paragraph of Section the Lease is amended to reas as follows: "Said payments of Additional Rental shall be paid by the City in the Fiscal Year to which the same apply or relate and within ten (10) days after the City has been furnished bills or invoices by the Authority but in no event shall such pay- ment of Additional Rental be later than the next succeeding June 30; provided that the City's lia- bility for Additional Rental shall be limited to the balance due under Section 5.02(d) of the Resolution. In the event that the liability of the City for Additional Rental does not commence on the first day of the Fiscal Year, the payments of Addi- tional Rental for taxes, assessments, and insurance shall be prorated in the following manner: (i) insurance premiums upon the basis of the period of time for which each such premium is paid, (ii) taxes and ad valorem special assessments upon the basis of the Fiscal Year for which they are levied, and (iii) specific lien assessments upon the basis of the period of time that bonds would run in the event the property were in private ownership and the assessments had not been paid in cash. Nothing herein contained shall prevent the City from making contributions or advances to the Authority from time to time for any purpose now or hereafter authorized by law." Section 9. Section ~(c) of the Lease is amended to read as follows: "The payments of Base Rental and Additional Rental shall constitute the total rental to be paid by the City in each Fiscal Year for the use and occupancy of the Leased Premises from year to year. The parties hereto have agreed and determined that such total rental represents the fair rental value of the Leased Premises. The Base Rental and Additional Rental shall be paid for and in consider- ation of the right of use and occupancy from year to year of the Leased Premises, and in consideration of the continued quiet use and enjoyment of the Leased Premises during the term of this City Hall Lease." Section 10. Section 4(e) of the Lease is amended to read as follows: "Each Base Rental payment and each Additional Rental Payment shall be paid in lawful money of the United States of America, by warrant or check drawn against funds of the City, at the office of the Trustee in San Diego, California, or at such other place or places as may be set forth in the Resolu- tion. Each Base Rental payment and each Additional Rental payment which is not paid when due shall bear interest at the rate of seven percent (7%) per annum from the date on which the Base Rental payment or Additional Rental payment, as the case may be, becomes due until the same is paid. Notwithstanding e any dispute between the Authority and the City hereunder, the City shall make all rental payments when due and shall not withhold any rental pay- ments pending the final resolution of such dispute. In the event of a determination that the City was not liable for said rental payments of any portion thereof, said payments or excess of payments as the case may be shall be credited against subsequent rental payments due hereunder." Section 11. Section 4(f) of the Lease is amended to read as follows: "There shall be credited against Base Rental and Additional Rental any amount required to be so credited under Article V of the Resolution." Section 12. Section 4(g) of the Lease is omitted. Section 13. Section ? of the Lease is amended to read as follows: "The City shall have the right under this City Mall Lease to make any additions or improvements to the Leased Premises, and to attach fixtures, struc- tures or signs, and to affix any personal property to the improvements of the Leased Premises, provided the use of the Leased Premises for the purposes con- templated in this City Hall Lease are not impaired. Title to all personal property placed in any of the improvements on the Leased Premises shall remain in the City. The title to any personal property, improve- ments or fixtures placed on the Leased Premises by the sublessee or licensee of the City, if any, shall be controlled by the concession contracts entered into by the City." IN WITNESS WHEREOF, the parties hereto have caused this Lease Amendment to be executed and attested by their proper officers thereunto duly authorized, and their official seals to be hereto affixed, as of the day and year first above written. CITY OF SANTA ANA ATTEST: By Mayor Clerkl of the Council ORANGE COUNTY CIVIC CENTER AUTHORITY ATTEST: By President Secretary (S~AL) I hereby approve going Agreement this . the form and legality of the fore- day. of . , 19TO. ADRIAN KUYPER County Counsel and ex officio Attorney for the Orange County Civic Center Authority WILLIAM MOCK BY~ity Attorney By Chief Assistant County Counsel STATE OF CALIFORNIA COUNTY OF ORANGE SS. On this day of .... , in the year 1970, before me, .. , a Notary Public, State of California, duly commissioned and sworn, personally appeared me to be the Mayor and known to me to be the City Clerk, · known to respectively· of CITY OF SANTA ANA, a municipal corporation, that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of said municipal corporation therein named, and acknowledged to me that such municipal corporation executed the within instrument pursuant to a resolution of its City Council. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year in this certificate first above written. Notary Public· State of Califorhla STATE OF CALIFORNIA COUNTY OF ORANGE SS. On this before me, State of California, appeared President and the Secretary, respectively· __ day of .. , in the year 1970, , a Notary Public, duly commissioned and sworn· personally · known to me to be the , known to me to be of ORANGE COUNTY CIVIC CENTE]{ AUTHORITY, a public corporation· that executed the within instru- ment, and ~nown to me to be the persons who executed the within instrument on behalf of said public corporation therein named, and acknowledged to me that such public corporation executed the within instrument pursuant to a resolution of its governing board. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year in this certifi- cate first above written. N'otary Public, S%a'te of California Legal Description for City Hall Site That portion of Ford's Addition, Ross Addition, and Stout's Addition in the City of Santa Aha, County of Orange, State of California,'per maps recorded in Book 25 Page 62 and Book 3 Page 53h of Miscellaneous Records of Los Angeles County and in Book 6 Page 28 of Miscellaneous Maps in the office of the County Recorder of said Orange County, respectively, along with that portion of Sixth Street as abandoned per Resolution 69-27 by the Santa Aha City Council and recorded in Book 8878 Page 863 of Official Records in the office of said County Recorder and that portion of Vsn Ness Street as abandoned per Resolutions 57-26~ and 69-27 by the Santa Aha City Council and recorded in Book h082 Page 105 and Book 8878 Page 863, respectively, in the office of said County Recorder described as follows: Beginning at the intersection of the center lines of Ross Street and Sixth Street as shown on said Stout's Addition; thence North 0e 35' 00" West along said center line of Ross Street a distance of 80.00 feet; thence Westerly at right angles to said center line of Ross Street a distance of 198.60 feet; thence Northerly along a line parallel with said center line of Ross Street a distance of llg.00 feet; thence Westerly at right augles to said center line of Ross Street a distance of 302.00 feet, thence Southerly along a llne parallel with said center line of Ross Street as it is shown North of Sixth Street a distance of 261.00 feet; thence Easterly at right angles to said center line of Ross Street'a distance of 302.00 feet; therce Northerly along a line parallel with said center line of Ross Street a distance of 32.00 feet; thence Easterly at right angles to said center line of Ross Street ~ distance of 198.60 feet to a point on 'the Southerly prolongation of said center line of Ross Street; thence Northerly along said prolongation a distance of 30.00 feet to the point of beginning. Excepting therefrom the most Easterly 53.00 feet. STREET --t '- SC/~LI~ I''~ lC)C:/ .I $O2.00 ' . CITY' HALL SITK ...................... . 5 ix'T/-/S TREEI' 4~ '3 EXHIBIT A-1 Parcel No. 2 (County releases. 8,820 square feet to Cit~) That certain portion of Sixth Street abandoned by Resolution 69-27 as recorded in Book 8878, PaEe 863 of Official Records in the Office of the County Recorder of Orange County, California and that certain portion of the land conveyed to the County of Orange by'deed recorded March 24, 1966, in Book 7879, Page 504, of Official Records of said Orange County, said certain portions being more particularly described as follows: Beginning at the Southeast corner of said land conveyed to the County of Orange; thence Southerly along the Southerly extension of the Easterly line of said land conveyed to the County of Orange, a distance of 30.00 feet to the center line of Sixth Street as abandoned by said Resolution 69-27; thence Westerly along said center line of Sixth Street a distance of 60.00 feet; thence Northerly parallel with said Easterly line, and its Southerly extension a distance of 147.00 feet; thence Easterly parallel with said center line of Sixth Street, a distance of 60.00 feet to said Easterly line; thence Southerly 117.00 feet to the point of beginning.