HomeMy WebLinkAboutBOWERS MUSEUM - 2006 AMEND GROUND LEASEA-2006-161
FIRST AMENDMENT TO GROUND LEASE
THIS FIRST AMDENDMENT TO GROUND LEASE (this "First Amendment") is made
and entered into as of April 17, 2006, by and between THE CITY OF SANTA ANA, a
charter city and municipal corporation duly organized under the Constitution and laws of
the State of California ("Lessor"), and the CHARLES W. BOWERS MUSEUM
CORPORATION, a California non-profit public benefit corporation ("Lessee").
RECITALS
A. Lessor and Lessee are parties to that certain Ground Lease dated September 6,
2005 (the "Original Ground Lease"), by which Lessee undertook to construct
certain additional museum facilities (the "Additional Facilities" as defined)
adjacent to the existing Museum on land acquired or to be acquired by Lessor,
and thereafter to manage and operate the Additional Facilities as an integrated
part of the Museum.
B. Lessor and Lessee are parties to that certain Amended and Restated Operating
Agreement dated June 18, 2001 (the "Original Operating Agreement"), as
amended by that certain First Amendment to the Amended and Restated
Operating Agreement dated of even date herewith (the "Amendment to Operating
Agreement"), both relating to the ownership and operation of the Charles W.
Lessee Memorial Museum. On the same date this First Amendment is entered
into, the parties have also executed a Second Amendment to the Amended and
Restated Operating Agreement, providing for the construction of this new parking
lot.
C. Lessee now desires to construct, as part of the Additional Facilities, a parking lot
north of the new museum expansion, and the parties desire to amend the
definition of "Leased Premises" to accommodate this additional construction, so
that Lessee can thereafter to manage and operate as part of the Additional
Facilities this parking lot as an integrated part of the Museum .
Now, therefore, for and in consideration of their mutual and respective covenants,
conditions and promises hereinafter set forth, and subject to the terms and conditions of
this Agreement, the parties hereto do hereby agree as follows:
1. The term "Leased Premises" is hereby amended to include the new parking lot
parcels, commonly known as 2100-2110 North Main Street, Orange County Assessor's
Parcel Map Numbers 399-102-05, 399-102-06 and 399-102-07, and more particularly
described in Exhibit A to this Amended Lease. Exhibit A to this Amended Lease shall
replace Exhibit A to the Original Ground Lease.
2. Except as expressly amended herein to permit the construction of the new parking
lot by Lessee and inclusion of said property into the definition of Leased Premises, the
Original Ground Lease shall remain in full force and effect.
3. This First Amendment may be executed in two (2) or more counterparts, each of
which shall be deemed an original but all of which together shall constitute one and the
same instrument.
IN WITNESS WHEREOF, this First Amendment is made as of the day and year first
above written.
LESSOR:
ATTEST
ABY:
Patricia E. Healy
Clerk of the Council
APPROVED AS TO FORM
Jo
s
epIt Fletcher, C Attorney
J
BY:
Benja i aufm
Chief istant Cl Attorney
LESSEE:
CITY OF SANTA A.
BY:
David N. Ream
City Manager
CHARLES W. BOWERS MUSEUM CORPORATION
BY:
Donald P. Kennedy
Chairman of the Board
BY: Lzurk,
Dr. Peter W. Keller
President
EXHIBIT A
Legal Description of Leased Premises
Museum Expansion Premises:
That certain real property located at 2032-2036 North Main Street, Santa Ana, California,
(Orange County Assessor's Parcel Numbers 399-102-08 and 399-102-09) more
particularly described as:
Lot 1 of Block A of Cole's North Santa Ana Tract, in the City of Santa Ana, as shown on
a map thereof recorded in Book 31, Page 13 of Miscellaneous Records of the County of
Los Angeles, California, excepting the northerly 14 feet thereof.
Parking Lot Premises:
That certain real property located at 2100-2110 North Main Street, Santa Ana, California,
(Orange County Assessor's Parcel Map Numbers 399-102-05, 399-102-06 and
399-102-07) more particularly described as
Parcel A:
Lot 1 and Lot 2 of E.M. Smiley's Subdivision as shown on a Map thereof recorded in
Book 6, Page 41, Miscellaneous Maps, Records of said Orange County.
Parcel B:
Lot 2 and the Northerly 24 feet of Lot 1 in Block A of Cole's North Santa Ana Tract, as
per Map recorded in Book 31, Page 13, Miscellaneous Records of Los Angeles, County,
California.
Excepting therefrom the easterly 4-1/2 feet conveyed to the City of Santa Ana for the
widening of Main Street.
First American Title Insurance Company
Commercial Owner's Affidavit COPY
STATE OF SC !A I IAr n is }
}
COUNTY OF r- rl4 }
The undersigned affiant first being duly sworn, deposes and says:
PARCEL 1:
LOT 1 IN BLOCK "A" OF ORANGE GROVE TRACT, AS PER MAP RECORDED IN BOOK 31, PAGE 27
OF MISCELLANEOUS RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES
COUNTY, CALIFORNIA.
EXCEPT THEREFROM THE EAST 4-1/2 FEET, CONVEYED TO THE CITY OF SANTA ANA, FOR
WIDENING OF MAIN STREET.
PARCEL 2:
THAT PORTION OF THE LAND ALLOTTED TO WILLIAM FERGUSON IN DECREE OF PARTITION
OF THE RANCHO SANTIAGO DE SANTA ANA, RECORDED IN BOOK "B" OF JUDGMENTS OF THE
17TH JUDICIAL DISTRICT COURT OF CALIFORNIA DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT NORTH 1 DEG, EAST 718 FEET FROM A POINT NORTH 89 DEG, 52'
WEST 33 FEET FROM THE COMMON CORNER OF SECTIONS 1, 6, 7 AND 12, IN TOWNSHIP 5
SOUTH, RANGES 9 AND 10 WEST, THENCE NORTH 1 DEG. EAST 52 FEET; THENCE NORTH 88
DEG. 47' WEST 158 FEET; THENCE SOUTH 1 DEG. WEST 52 FEET; THENCE SOUTH 88 DEG. 47'
EAST 158 FEET TO THE POINT OF BEGINNING.
PARCEL3:
THAT PORTION OF THE LAND ALLOTTED TO WILLIAM FERGUSON IN DECREE OF PARTITION
OF THE RANCHO SANTIAGO DE SANTA ANA, RECORDED IN BOOK "B" OF JUDGMENTS OF THE
17TH JUDICIAL DISTRICT COURT OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT NORTH 1 DEG. EAST 718 FEET AND NORTH 83 DEG. 47' WEST 151
FEET FROM THE COMMON CORNER IN SECTIONS 1, 12, 6 AND 7, IN TOWNSHIP 5 SOUTH,
RANGES 9 AND 10 WEST, THENCE NORTH 88 DEG. 47' WEST 40 FEET, THENCE SOUTH 1 DEG,
WEST 64 FEET; THENCE SOUTH 89 DEG. 52' EAST 40 FEET; AND THENCE NORTH 1 DEG. EAST
64 FEET, MORE OR LESS, TO THE POINT OF BEGINNING,
PARCEL 4:
LOT 3 IN BLOCK "A" OF THE ORANGE GROVE TRACT, AS SHOWN ON A MAP OF A RE-
SUBDIVISION OF THE ORANGE GROVE TRACT, RECORDED IN BOOK 1 PAGE 14 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
PARCEL 5:
Page 1 of 4
Carol L. Weir / clw / 06/06/2006 /NCS -1387D2 -SAS/ 1
Date: June 06, 2006 Owner's Affidavit - continued File No.: NCS -138702 -
SAI (CLW)
LOT 1 IN BLOCK "A" OF GEOPPER'S ADDITION TO THE TOWN OF SANTA ANA, AS SHOWN ON A
MAP RECORDED IN BOOK 21 PAGE 98 OF MISCELLANEOUS RECORDS OF LOS ANGELES
COUNTY, CALIFORNIA.
PARCEL 5A:
THAT CERTAIN 12.00 FOOT ALLEY, AS SHOWN ON A MAP OF GOEPPER'S ADDITION TO THE
TOWN OF SANTA ANA, RECORDED IN BOOK 21 PAGE 98 OF MISCELLANEOUS RECORDS OF LOS
ANGELES COUNTY, CALIFORNIA, ADJOINING LOT 1 IN BLOCK "A" OF SAID GOEPPER'S
ADDITION TO THE TOWN OF SANTA ANA ON THE EAST, AS SAID ALLEY WAS VACATED AND
ABANDONED BY THAT CERTAIN RESOLUTION NO. 63-19 OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA, A CERTIFIED COPY OF WHICH WAS RECORDED IN BOOK 6423 PAGE 656 OF
OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, BOUNDED NORTHERLY BY THE
EASTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID LOT 1 AND SOUTHERLY BY THE
EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT 1.
PARCEL 6:
LOT 2 IN BLOCK A OF THE RESUBDIVISION OF BLOCKS A & B OF ORANGE GROVE TRACT, AS
PER MAP RECORDED IN BOOK 1, PAGE 14 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THE WESTERLY 47 FEET AND 3 INCHES THEREOF.
PARCEL 7:
COMMENCING AT A POINT NORTH 1 DEG. EAST 718 FEET FROM A POINT NORTH 89 DEG. 52'
WEST 33 FEET FROM THE COMMON CORNER OF SECTIONS 1, 6, 12 AND 7, TOWNSHIP 5
SOUTH, RANGES 9 AND 10 WEST AND THENCE NORTH 89 DEG. 52' WEST 118 FEET; THENCE
SOUTH 1 DEG. WEST 62 FEET TO THE NORTH LINE OF NINETEENTH STREET; THENCE EAST
ALONG THE NORTH LINE OF NINETEENTH STREET, 118 FEET TO A POINT IN A LINE DRAWN
NORTH 1 DEG. EAST FROM A POINT NORTH 89 DEG. 52' WEST 33 FEET FROM SAID COMMON
CORNER OF SECTIONS 1, 6, 12 AND 7; THENCE NORTH 1 DEG. EAST 62 FEET TO THE POINT
OF BEGINNING.
PARCEL 8:
THE WESTERLY 47 FEET, 3 INCHES OF LOT 2 IN BLOCK "A" OF THE "ORANGE GROVE TRACT',
AS SHOWN ON A MAP RECORDED IN BOOK 31 PAGE 27 OF MISCELLANEOUS RECORDS OF LOS
ANGELES COUNTY, CALIFORNIA.
That there have been no construction, repairs, alterations, improvements made, ordered or contracted to
be made on or to the Property, nor materials ordered within the last 6 months (or 4 months after
completion of work) which have not been paid for, nor are there any fixtures attached to the Property
which have not been paid for in full; and there are no outstanding or disputed claims for any such work
or item, except:
That the work of improvement, if any:
Started on
Was completed on _
Will be completed on
Page 2 of 4
Carol L. Weir / dw / 06/06/2006 /NCS -138702 -SAS/ 1
Oate:.]une 06, 2006 Owner's Affidavit - continued File No.: NCS-138702-
SA1 (CLW)
2. That there has been no work done, nor notice received that work is to be done by the municipality (city,
borough, or township), or at its direction, including but not limited to the installation of water or sewer
lines, or for improvements such as paving or repaving of streets or alleys, or the installation of curbs or
sidewalks.
3. That there are no unrecorded leases or agreements affecting the Property, and there is no one
in possession of or that has access to the Property, other than: (enter N/A if such is true)
[ ] the undersigned
[ ] tenants based on month -to month rental agreements
[ ] lessees based on existing leases, copies of which are attached hereto
[ ] affiants) please remember to attach copies of leases.
[A-noroei ek e t :655, I-emse = fvl escrow
r�on b�u�r ��a seller �eposl`+ed
4. That there are no rights of first refusal or options to purchase all or any part of the Property except:
IV /A
tenter "none" or N/A if such is true)
5. That there are no unpaid real estate taxes or assessments except as shown on the current tax roll. That
the undersigned has not received any supplemental tax bill which is unpaid,
6. That no actions in bankruptcy have been filed by or against the corporation in any federal court or any
other court of competent jurisdiction.
7. That there are no matters pending against the Affiant that could give rise to a lien that would attach to
the property between the most recent effective date of the title commitment and the recording of the
interest to be insured, and that the Affiant has not and will not execute any instrument that would
adversely affect the title or interest to be insured.
8. That this affidavit is given for the purpose of inducing First American Title Insurance Company and/or its
agent to issue Its policies of title insurance which may provide coverage as to the matters listed above,
The undersigned acknowledge that they have read the foregoing and fully understand the legal aspects
of any misrepresentation and/or untrue statements made herein and indemnify and hold harmless FIRST
AMERICAN TITLE INSURANCE COMPANY against liability occasioned by reason of reliance upon the
statements made herein.
City of Santa Ana, a charter city duly
organized under the Constitution and laws of
the State of California
By: David N. Ream, City Manager
Carol L. Well / clw / 06/06/2006 /NCS-138702-SAl/ 1 Page 3 of 4
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E)ate: June 06, 2006 Owner's Affidavit - continued File No.: NCS -138702 -
SAI (CLW)
STATE OF
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On a� J olv��l l before me,LUr� 0ei�' �(
personally appeared G t-YN known to me
of-�evttierrce) to be the personK whose name,,K is/are subscribed to the within instrument
and acknowledged to me that he/sMe/tiey executed the same in his/Mer/t49eir authorized capacity(es)
and that by his/ber7t]R& signatureks)' on the instrument the personlK—cji 3e,-& ti iPL
of ehaof_whicll
the person(s) acted, executed the instrument. A �— —..
WITNESS my h d and official seal.
Signature
My Commission Expires: v 1 i df ad lA M
Page 4 of 4
Carol L. Weir / clw / 06/06/2006 /NCS -138702 -SAS/ 1
Commle�ion * 1610216
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_ Oralge County
This area for official notarial seal