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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. . i ~- 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 w 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 j` +• • 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. 44