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HomeMy WebLinkAboutSANTA ANA UNIFIED SCHOOL DISTRICT (SAUSD) (3) -2016A-2016-270 FIRST AMENDMENT TO CONTRACT OF AGREEMENT (LEASE) BETWEEN SANTA ANA UNIFIED SCHOOL DISTRICT AND CITY OF SANTA ANA THIS FIRST AMENDMENT TO CONTRACT OF AGREEMENT ("First Amendment") is made as of September 14, 2016 ("Effective Date"), by and between the Santa Ana Unified School District, a California public school district ("District"), and the City of Santa Ana, a charter city and California municipal corporation ("City"). District and City may be referred to herein individually as "Party" and collectively as "Parties." RECITALS WHEREAS, District and City entered into that certain Contract of Agreement, dated September 19, 1917 ("Lease"), whereby District leased to City, and City leased from District, certain real property located at 595 East 10 Street, in the City of Santa Ana, to be used for well purposes and for the placement of a water tank occupied and enclosed by the City ("Premises"); and WHEREAS, the term of the Lease is for a period of ninety-nine (99) years and is set to expire as of September 19, 2016 ("Term"); and WHEREAS, the Parties desire to effectuate an exchange of real property where the City would acquire ownership of the Premises in return for the District acquiring ownership of a City -owned parcel that is to be determined ("Exchange"), and the Parties are currently in negotiations regarding the Exchange; and WHEREAS, if the Exchange is not effectuated, the Parties may agree to some other mutually agreed upon disposition ("Disposition"); and WHEREAS, District and City desire to extend the Term of the Lease to allow the Parties to further explore and agree upon terms for the Exchange and/or Disposition; and WHEREAS, the Parties now mutually intend to amend the Lease's provisions as set forth herein this First Amendment. NOW THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, District and City agree as follows: 1. Extension of Term. 1.1. The Parties acknowledge and agree that the Term of the Lease is hereby extended for an additional seven (7) months, and shall expire on April 19, 2017, in order for the Parties to continue pursuing the Exchange and/or Disposition. 1.2. In the event the Parties determine that additional time is needed to effectuate the Exchange and/or Disposition, the Parties shall mutually agree in writing to extend the Term of the Lease for an additional period to be agreed upon by the Parties and effectuated in a subsequent written amendment to the Lease approved by the Parties. First Amendment to Lease —SAUSD & City— Davis ES Water Tower Page 1 1.3. During the extended Term of the Lease, the City may maintain the cell tower equipment on the Premises pursuant to a separate agreement therefor. All equipment must be removed upon termination of the extension unless the City becomes the property owner. Miscellaneous. This First Amendment may be executed in any number of counterparts all of which when taken together shall constitute one and the same document. Except as expressly modified by this First Amendment, all other terms and provisions of the Lease are and remain in full force and effect. This First Amendment shall be governed by and construed in accordance with the laws of the State of California. ACCEPTED AND AGREED on the date indicated below: Dated: C / / / 2016 Santa Ana Unified School D' is By: Orin L. Williams, Assistant Superintendent Facilities & Governmental Relations Approved as to Form Date: By: SAUSD Attorney Dated: I— Z 7 — 2016 City of San Aa /--04of l/ c By: a /Y. David Cavazos City Manager Approved as to Form Date: ����� By:��— City Attorney R COM(�EFIDEDFjAP ROV L: red Mousavipour Executive Director Public Works Agency ATTLSr `� MARIA ®. HUIzaR CLERK OF THE COUNCIL First Amendment to Lease — SAUSD & City— Davis ES Water Tower Page 2