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HomeMy WebLinkAbout95-006 - Modification of Ground Lease401 : RESOLUTION NO. 95-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIV- ERY BY THE CITY OF A MODIFICATION OF. GROUND LEASE AND A MODIFICATION OF LEASE; MAKING CERTAIN DETERMINATIONS RELATING THERETO; A/~D AUTHORIZING CER- TAiN OTHER ACTION IN CONNECTION THERE- WITH WHEREAS, the City of Santa Ana (the "City") is a municipal corporation duly organized and validly existing under the Constitu- tion and laws of the State of California and authorized to transact business and exercise its powers, all under and pursuant to the Constitution and laws of the State of California; and ~o WHEREAS, the city and the City of Santa Ana Financing Authority (the "Authority"), a joint powers authority, duly organized and existing under the laws of the State, have entered into a Ground Lease Agreement, dated as of March 1, 1994 (the "1994 Ground Lease"), recorded on March 22, 1994 in the Office of the County Recorder of Orange in the Official Records of the County; and WHEREAS, the city and the Authority have entered into a Lease Agreement~ dated as of March 1, 1994 (the "1994 Lease") recorded on March 22, 1994 in the Office of the County Recorder of Orange in the Official Records of the County; and WHEREAS, the City and the Authority inadvertently included certain real property (the "Real Property") as part of the real property subject to the 1994 Ground Lease as described in "Exhibit A--Description of the Parcels" of the 1994 Ground Lease and as part of the real property subject to the 1994 Lease as described in "Exhibit A--Description of Leased Property" of the 1994 Lease; and WHEREAS, the city and the Authority find it desirable to release the Real Property from the 1994 Ground Lease and the 1994 Lease; and WHEREAS, there has been presented at this meeting a form of Modification of Ground Lease Agreement (as hereinafter defined), pursuant to which the City and the Authority will release the Real Property from the 1994 Ground Lease; and WHEREAS, there has been presented at this meeting ~ form of Modification of Lease Agreement (as hereinafter defined), pursuant 4O2 to which the city and the Authority will release the Real Property from the 1994 Lease; NOW, THEREFORE, BE'IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: - S~CTION 1. Recitals. Ail of the recitals herein contained are true and correct and the Council so finds and determines_.~ SECTION 2. ~roval o~ Modification of Ground Lease. The form of Modification of Ground Lease Agreement, dated as of September 1, 1994 (the Modification of Ground Lease Agreement), by and between the City and the Authority, presented at this meeting is hereby approved and the Mayor of the Cityi the City Manager, or the designee of the Mayor or the City Manager, acting singly, and the City Clerk are hereby authorized and directed, for and in the name of and on behalf of the city, to execute, acknowledge and deliver the Modification of Ground Lease Agreement in substantially the form presented at this meeting with such changes therein as the officers executing the same may approve, such appro~&l to be conclusively evidenced by the execution and delivery thereof. SECTION 3. Approval of Modification of Lease. The form of Modification of Lease Agreement, dated as of September 1, 1994, (the "Modification of Lease Agreement"), by and between the City and the Authority, presented at this meeting is hereby approved, and the Mayor of the City, the City Manager, or the designee of the Mayor or the City Manager, acting singly, and the City Clerk are hereby authorized and directed, for and in the name of and on behalf of the City, to execute, acknowledge and deliver the Modifi- cation of Lease Agreement in substantially the form presented at this meeting with such changes therein as the officers executing the same may approve, such approval to be conclusively evidenced by the execution and delivery thereof. SECTION 4. Other Acts. The officers and staff of the ~ity are hereby authorized and directed, jointly and severally,'~ to do any and all things, to execute and deliver any and all documents, which in consultation with the City Attorney, they may deem necessary or advisable in order to consummate the execution and delivery of the Modification of Ground Lease Agreement, the Modification of Lease Agreement or otherwise effectuate the purposes of this Resolution, and any and all such actions previously taken by such officers or staff members are hereby ratified and confirmed. SECTION 5. Effective Date. This Resolution shall take effect from and after its date of adoption. 2 ESOLUT ON 9S-006 403 Page 2 ADOPTED this 17th ATTEST: Clerk of the Council/ COUNCILMEMBERS: Pulido Ave Richardson Ave Espinoza Aye Lutz Aye McGuigan Aye . Mills Aye Moreno Aye day of January , 1995. ~Fayor .. APPROVED AS TO FORM: Edward J. ~er city Attorney CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution t~45-'-~O,~, to be the original resolution adopted by the City Council of the City of Santa Ana on Date: I/> ~ / q ~- / Clerk of the Coun/cil//~ City of Santa Ana t '