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HomeMy WebLinkAboutRIVER VIEW GOLF COMPANY - AMEND TO LEASE 1981 `~1~ . 1 ~ - ~ 2/10/81 ~ _ ~ ~ ~ ~`1 ?f AMENDMENT TO LEASE This agreement, made and entered into this~~ day of 1981, by and between the City of Santa Ana, a municipal corporation of the State of California ("LESSOR") and River View Golf, a California corporation, hereinafter called "LESSEE"; W I T N E S S E T H _ Recitals: A. On November 2, 1964 the parties hereto entered into a lease on a certain real property in the City of Santa Ana along the southeasterly boundary of the Santa Ana River channel north of 17th Street for the construction and opera- tion of a golf course on said property, hereinafter referred to as "Said Agreement." B. LESSOR and LESSEE amended said agreement to allow a small portion of said property to be used for ingress and egress to the single family residence located on Lot 182 and more particularly described in "Exhibit A," attached hereto and by this reference incorporated herein; however, said agreement was not recorded. C. The parties now desire to have said agreement in the form of this "AMENDMENT TO LEASE" reexecuted in order that it may be recorded. WHEREFORE, in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: 1. The execution of "Agreement Granting Easement" executed between LESSEE and David S. Silva and Mary F. Silva shall not be deemed a violation of paragraph numbered 5 in said lease, and said paragraph is hereby amended to include the right to grant permission to pass over city property from the northwesterly end of 22nd Street to the rear of Lot 182 and more particularly described in "Exhibit A," and is not to be deemed an assignment or a subletting of said lease, nor the granting of a concession thereunder, as prohibited by paragraph 12 of said lease. -1- 2. LESSEE agrees that upon any termination of said lease, or any extension or renewal thereof, that it will, as a condition precedent to the right to remove build- ings and structures constructed or erected by it, as provided for and granted to LESSEE in paragraph 9 of said lease, construct a driveway from the garage located on said Lot 182 to a public street to provide ingress and egress, and construct a fence completely along the northwesterly lot line of said lot, said line being the rear of said lot which is contiguous to the boundrary line of the property leased to said LESSEE. It shall be understood that the curb cut and driveway shall make said Lot 182 comply with all the single family residence requirements. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their proper officers, they being thereto duly authorized. CITY OF SANTA ANA, a municipal corporation of The State of California By: ~.J ATTF~ S',G' : MAYOR rdICE C . GUY, LERK OF THE COUNCIL RIVER VIEW GOLF, a California corporation APPROVED AS TO FORM: ~ f~~~~- EDWARD J. CO ER, CITY ATTORNEY j ~ ss. and for IA Notary Public in STATE OF CAIIFORN ~ the undersigned, a , n(j' ,before n'e~S ~ COUNTY OF ~ . „ ~ ~©v Div a On instrument, E eared cuted the within o ersonally aPP r„ president, and that exe u said State, P corporation a to be the ~rarp of the i= known to ,Nithin !1•••••••••••• OFFICIAL SEAL • known to me to be the ersons who executed the • MAN i to be the P arced, and a~- ? PAMELA J. BOTH 01 therein n • -CALIFORNIA ~ Q and known to me corporation within • ~ NOTARY PUBLI OFFICE IN behalf of the • PRINCIPAL ~ corporation executed the i ~ instrument on ? OgpNGE COUNTY ~ that such of its board of • 2g 1983 , c knowledged 1O me laws or a resolution ~p{teS M8Y r p its bY- 4 MY ~mmisslOn ent pursuant to • Instrum o ctors. $ dire d o(flcial seal. WITNESS my hand o ~ ~ (This area for official notarial seal) c~ Signa~e ~ o ~^n LL / Flame (Typed °r Printed) M EXHIBIT A A rectangular parcel of land 30 feet in width and 110 feet in length; and Southeasterly boundary of said parcel is described as follows: Beginning at the Westerly corner of Lot 182 of Tract No. 1724 as per map recorded in Book 51, Pages 24, 25, and 26, of Miscellaneous Maps, in the office of the County Recorder of said Orange County; thence Northeasterly along the Northwesterly boundary of said Lot 182 and its Northeasterly extension and along the Northwesterly termination boundary of 22nd Street, 110 feet to a point which is the Easterly corner of said rectangular parcel of land.