HomeMy WebLinkAboutRIVER VIEW GOLF COMPANY - 4TH AMEND TO NOVATION 2001'` ~ • 0 R i G f I~ A L ~ A-2001-053
FOURTH MODIFICATION TO NOVATION OF LEASE BETWEEN
CITY OF SANTA ANA a .. r
AND RIVER VIEW GOLF COMPANY
THIS FOURTH ODIFICATION TO NOVATION OF LEASE is made this
day of Crt ~• , 2001, by and between the City of Santa Ana, hereinafter
referred to as "LESSOR" and Mary P. Keane, d.b.a. River View Golf Company,
hereinafter referred to as "LESSEE".
RECITALS
On March 11, 1974, LESSOR granted a Novation of Lease to River View Golf, a
California corporation. That Lease was assigned to Mary P. Keane on June 27, 1988.
At LESSOR'S request, LESSEE removed a portable restroom and replaced it with a
larger, permanent restroom on City owned property. The parties agreed LESSOR would
reimburse LESSEE for the cost of the new facility in the form of lease rebates.
Construction of the new restroom facility was completed at a cost of Twenty Seven
Thousand, Five Hundred Ninety and 03/100 Dollars ($27,590.03).
NOW, THEREFORE, the parties mutually agree to amend said Lease as follows:
RENT
LESSEE'S obligation to pay rent shall temporarily be modified as follows:
LESSEE shall monthly submit written documentation indicating the amount of rent
owed to LESSOR pursuant to the percentage rate schedule set forth in the THIRD
MODIFICATION OF NOVATION OF LEASE. LESSOR shall accept such
documentation in lieu of cash payment of said rent until the total rebate amount
equals Twenty Seven Thousand, Five Hundred Ninety and 03/100 Dollars
($27,590.03). When the total rebate amount is reached, LESSEE shall again be
obligated to pay full rent pursuant to the percentage rate schedule set forth in the
THIlZD MODIFICATION OF NOVATION OF LEASE.
2. All other terms and conditions shall remain in full force and effect.
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IN WITNESS WHEREOF, the parties have executed this "Fourth Modification to
Novation of Lease" the day and year first above written.
LESSOR
CITY OF SANTA ANA
A muulcinal cnrnnratinn
ATTEST:
Patricia E. Healy
Clerk of the Council
LESSEE
MARY P. KEANE
d.b.a RIVER VIEW GOLF COMPANY
Mary P. ane, Genera Partner
G.
Stephen C. Hart, General Partner
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By: ~~
Laura Sheedy
Deputy City Attorney
APPROVED AS TO CONTENT
"'~-'David N. Rea
City Manager
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CONSENT CALENDAR
Motion: Authorize the City Attorney to prepare and the Mayor and Clerk of
the Council to execute agreements. (Items 25.D. thru 25.F.)
25.D. COMPUTER CONSULTING AND TEMPORARY TECHNICAL SERVICES
- With the following in a total amount not to exceed $1,900,000.00 -
Finance and Management Services Agency
AGMT 2001-045 -APR Consulting, Inc.
AGMT 2001-046 - CDI Corporation-West
AGMT 2001-047 -Data Design Corporation
AGMT 2001-048 -Manpower Technical Services
AGMT 2001-049 - SoftMaster, Inc.
AGMT 2001-050 -Superior Design Co., Inc.
AGMT 2001-051 - Telfords
AGMT 2001-052 -Volt Services Group
25.E. AGMT NO. 2001-053 -LEASE AMENDMENT -With the Riverview Golf
Course for a neighborhood mitigation project in an amount not to exceed
$28,000.00 -Community Development Agency
25.F. AGMT NO. 2001-054 -LICENSING, MAINTENANCE AND SUPPORT -
MAINFRAME COMPUTERS - With Unisys Corporation for software
licensing, maintenance and support relating to mainframe computers for a
two-year agreement with three one-year options for renewal in an annual
amount not to exceed $178,000.00 -Finance and Management Services
Agency
LAND USE MATTERS
CONDITIONAL USE PERMITS /VARIANCES
31.A. VARIANCE NO. 00-68 - 1720 E. 17th STREET
Recommended for approval by the Planning Commission on February 12,
2001 by a 3-2 vote (Mondo and Cribb opposed; Nalle and Richardson
absent)
Motion: Receive and file staff report approving Variance No. 00-68 as
conditioned.
Filed by C & C Signs to allow secondary canopy signage and one
freestanding sign to be built at the Superior Warehouse in the Arterial
Commercial (C5) zoning district -Planning and Building Agency
CITY COUNCIL MINUTES 83 MARCH 5, 2001
t, ,~ ~ • ~
~'cEQUEST FOR ~~
COUNCIL ACTION Education Ist
~~~
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
MARCH 5, 2001
TITLE: APPROVED
LEASE AMENDMENT - ^ As Recommended
^ As Amended
RIVERVIEW GOLF COURSE ^ Ordinance on 1st Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
~~
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
A-2001-053
Direct the City Attorney to prepare, and authorize the Mayor and the
Clerk of the Council to execute, an amendment to the lease agreement with
Riverview Golf Course for a neighborhood mitigation project in an amount
not to exceed $28,000.
DISCUSSION
A number of meetings have taken place over the last two years between the
City, Riverview Golf Course and the Casa De Santiago neighborhood
regarding neighborhood concerns for golf course operations. One of the
major concerns of the neighborhood had been early morning noise intrusion
caused by the maintenance trucks and equipment used in cleaning the
portable restroom unit located on the golf course.
This issue has been resolved through the mutual efforts of the City and
the golf course owners. The City requested that the golf course remove
the portable restroom unit and replace it with a larger, permanent
restroom on City-owned property. The golf course owners agreed to build
the new facility and, in exchange, the City agreed to reimburse the
approximately $28,000 cost of the improvements through future lease
rebates. Construction is now complete, and the facility is open to the
golf course users.
43
25.E.
CS 383
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Lease Amendment -
Riverview Golf Course
March 5, 2001
Page 2
FISCAL IMPACT
Lease payments to the City are based on a percentage of gross receipts
from business conducted on or from the golf course (greens fees, cart
rentals and pro shop sales). Lease payments for the most recently
audited 12-month period averaged $5,000 per month. At the current rate,
repayment of costs associated with restroom improvements should take
approximately six months. The fiscal impact resulting from this noise
mitigation measure is loss of revenue in the amount of $27,590.03 to the
Rental of Property revenue account (account no. Oll-Ol-5804).
APPROVED AS TO FUNDS AND ACCOUNTS:
J n P. Reekstin
Executive Director
Community Development Agency
L~+~-i-~-~....,.
Rod R. Coloma
Executive Director
Finance & Management Services Agency
H:Actions\2001 CC\LeaseAmend-Riverview Golf-3-5-01
65.A.
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