HomeMy WebLinkAbout70-103RESOLUTION 70-103 APPROVING A CERTAIN AMENDMENT
TO T~E SANTA ANA CITY HALL LEASE
WHEREAS, the City Council of the City of Santa Ana,
California, did approve as to form that certain document entitled
"AMENDMENT TO SANTA ANA CITY HALL LEASE" on September 29, 1970; and
WHEREAS, the City Council of the City of Santa Ana expressed
its intent to give final approval to said Amendment following the
calculation of an annual rental to be inserted in said Amendment;
NOW, THEIIEFORE, BE IT RESOLVED:
1. That that certain document entitled "AMENDMENT TO SANTA
ANA CITY HALL LEASE", attached hereto, is hereby approved with the
addition of an annual rental amount of
2. That the Mayor and the Clerk of the Council are hereby
authorized to execute said Amendment;
3. That the Clerk of the Council is authorized and directed
to file certified copies of this Resolution, including the attached
Amendment, with the Orange County Civic Center Authority and with
O'M~lveny & Myers, attorneys, Los Angeles, California.
Ana at
ATTEST:
PASSED AND ADOPTED BY THE CITY COUNCIL of the City of Santa
its regular meeting held on the 19th day of October, 1970.
MAYOR
CLERK OF THE COUNCIL
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF SANTA ANA )
SS
I, FLORENCE I. MALONE, do hereby certify that I am the Clerk
of the Council of the City of Santa Ana; that the foregoing Resolution
was introduced to said Council at its regular meeting held on the
19th day of October, 1970, and was at said meeting passed and adopted
by the following vote, to wit:
AYES,
COUNCILMEN: Herrin, Evans, Patterson, Villa, Yamamo%o, Griset
NOES,
ABSENT,
COUNCILMEN: Markel
COUNCILMEN: None
CLERK OF THE COUNCIL
AMENDMENT TO SANTA ANA CITY HALL LEASE
THIS LEASE AMENDMENT, dated for convenience as
of October 19 , 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'i), a public authority and agency duly organized
and existing pursuant t6 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"); and
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 Ana City Hall,
together with City Council Chambers and additions to
":- ",. 9466 322
the Police Building, and includes access roads, park-
lng, landscaping and other facilities and appurtenances
necessary or convenient therefor."
Section
and
Section 2. The defnition of "Leased Premises" in
1 of the Lease is amended to read as follows:
"'Leased Premises' and 'Project' means the Site
the Oity Hall situated thereon."
~ection 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, attac?~ed 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 thereof has been served
on the City by the Authority, provided that the
term shall commence no later than November l,
1973."
Section 6. Section 4(a) of the Lease is amended
to read as follows:
"For the period commencing on November l, 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 $ 464,$00.00
per year. The City agrees to pay said Base Rental
to th, ~t~ ~w ~h~ ,~,,n~ ~e the ~uthority. Xn
the event that the liability of the City to pay Base
Rental does not commence on November l, 1972, the rent
to be paid for the
Y'ear in which such
rated and shall be
remaining portion of the Fiscal
liability commences shall be pro-
paid within thirty (30) d~ys -
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 i 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:
"(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 4(b)
of 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 5.0~(d) 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 premi~s 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 4(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
/
to
read
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
read as follows:
"There shall be credited ~gainst Base Rental
and Additional Rental any amount required to be so
credited under Article V of the Resolution."
Section 12. Section ~(g) of the Lease 'is omitted.
Section lB. Section ? of the Lease is amended to
as follows:
"The City shall have the right under this City
Hall Lease to make any additions or improvements to
the Leased Premises, and to attach fixtures, struc-
tures or signs, ~nd 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
Se
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.
ATTEST:
CITY OF SANTA ANA
By ~ .j ~ ~,_ ,: ~..
Mayor
ATTEST:
ORANGE COUNTY CIVIC CENTER
AUTHORITY
Secretary
(SEAL)
I hereby approve the form and legality of the fore-
going Agreement this %c~k. day'of ~(~-~-, 1970.
ADRIAN KUYPER
County Counsel and ex officio
Attorney for the Orange County
Civic Center Authority
~ si tan~ County C'ounseI
32'8
STATE OF CALIFORNIA
SS.
COUNTY OF ORANGE
1970,
Public, State of California, duly commissioned and
personally appeared Lorin Gr~set
me to be the Mayor and FJor¢!nce ]. Malone ,
known to me to be the City Clerk, respectively, of CITY OF
On this 19th day of ... October , in the year
before me, k4a>:ine B. Vallery , a Notary
sworn,
, known to
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 n~
name and affixed my official seal on the day and year in this
certificate first above written.
L'.'..--,,4 '. ~--.~ t'~AX,N~ E.. WALL
'~C::- ?" o,,-*~o~, cou"'rT ......
. ~
Notary Public, State o.~'~ali~'ornia
MAXINE B. VALLERY
My Comrnlllion Expires Jan. 3, 197l
STATE OF CALIFORNIA / ss.
COUN~ OF ORANGE
)
On this \°C~ day of ~.~c~_ ,, in the year 1970,
before me, ~-~.~_ ~-.-~.,.~ , a Notary Public,
State of California, duly co~issioned and sworn, Dersonally
~C~~ ~ ~ .... ~_~ known to me to be the
appeared
President and ~ ~.Q~_~_% , known to me to be
the Secret~ry, respectively, of O~NGE CO~ CIVIC CENTER
AUTHORI~, a public coFporation, that executed the within instru-
ment, and ~own 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 Instr~ent 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.
EXIHBIT A
LEGAL DESCRIPTION FOR PORTION OF CITY HALL SITE*
That portion of l~'ord's Addition, Ross Addition, and Stout's Add/don in the City of Santa Ann,
County of Orange, State of California, per maps recorded in Book 25 Page 62 and Book 3 Page 534 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 Ann City Council and recorded in Book 8878
Page 863 of Ofl}cial Records i,, the o/gee of said County Recorder and that portion of Van Ness Street
as abandoned per Resolutions 5%264 and 69-27 by thc Santa Ann City Council and recorded in
Book 4082 Page 105 and Book 8878 Page 863, respectively, in the office of said County Recorder
described as follows:
Beginning at thc intersection of the center lines of Ross Street and Sixth Street as shown on said
Stout's Addition; North 0o 35' 00" West along said center line of Ross Street a distance of 80.00
feet; thence South 89° 25' 00" West a d/stanee of 198.60; thence North 0° 35' 00' West a distance of
119.00 feet; thence South 89° 25' 00" West a distance of 260.30 feet to the East line of that land
conveyed to the County of Orange as recorded in Book 7879 Page 504 of Official Records in said County;
thence South 0° 03' 0
0 East along sa~d East hne and along said Southerly prolongation of said llne a
distance of 261.00 feet; thence North 89° 25' 00' East a distance of 262.73 feet; thence North 0° 35' 00"
West a distance of 34.02 feet; thence East a d/stance of 198.60 feet; thence North 0° 35' 00" West a
distance of 30.00 feet to the point of beginning.
Excepting therefrom the most Easterly 53.00 feet
EXIHBIT
LEGAL DESCRIPTION FOR PORTION OF CITY HALL SITE*
That certain portion of Sixth Street abandoned by Resolution 69-27 as recorded in Book 8878,
Page 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 llne of said land conveyed to the County of Orange, a
distance of 30.00 feet to the center line of Sixth Street as abandonecl by said Resoluton 69-27; thene
Westerly along said center line of Sixth Street a d/stance of 60.00 feet; thence Northerly parage! w:'
said Easterly line, and its Southerly extension a distance of 147.00 feet; thence Easterly parallel v~;
said center line of Sixth Street, a distance of 60.00 feet to said Easterly line; thence Southerly ll':, ~i~:
feet to the point of beginning.
These portions, together, constitute the entire City Hall Site.
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