HomeMy WebLinkAboutRIVER VIEW GOLF COMPANY - 1ST AMEND TO NOVATION 1975 M •
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MODIFICATION TO NOVATION OF LEASE
BETWEEN CITY OF SANTA ANA
AND
RIVERVIEW GOLF
THIS MODIFICATION to Novation of Lease is entered into this
~ASTday of ~q p~ ~ , 1975, at Santa Ana, California,
between the City of Santa Ana, a chartered municipal corporation,
hereinafter called "LESSOR", and Riverview Golf, a California cor-
poration, hereinafter called "LESSEE".
R E C I T A L S
1. On March 11, 1974, the parties hereto entered into a Novation
of lease of certain real property in the City of Santa Ana along
the Southeasterly boundary of the Santa Ana River channel north
of 17th Street, in said novation of lease, the parties hereto agreed
to extinguish a prior lease dated November 21, 1966, and to completely
replace said lease and amendment with the new lease agreement con-
tained in the novation.
2. Under the terms of said novation of lease, LESSEE must seek
consent in writing to any assignment, subletting or concession
in said novation of lease. Furthermore, if said novation of lease
should be used as security for any loan or the repayment or replace-
ment of any loan, the proceeds of which were used to develop and
improve the leasehold, and said lender desired to foreclose, LESSOR
would be required to accept said lender or a purchaser from said
lender in lieu of LESSEE and such foreclosure sale or assignment
would not terminate said novation of lease.
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3. LESSEE desires to assign the leasehold interest contained in
the novation of lease, by deed of Trust, hereinafter referred to
as "trust deed," to secure a loan from First National Bank of Orange
County (hereinafter "Encumbrancer"). (The address of said
Encumbrancer is 101 East Chapman Avenue, Orange, California).
Said loan is for the purpose of leasehold improvement, consolidation
of existing loans and to ease a cash flow problem.
4. LESSOR desires to assist LESSEE in receiving said First National
Bank loan and to agree to the assignment by trust deed to Encumbrancer.
5. In the event said LESSEE should default or Encumbrancer is
required to foreclose on said aforementioned trust deed and Encum-
brancer should offer said foreclosed novation of lease interest
for sale, LESSOR desires to have certain options available.
6. By modifying said novation of lease, LESSOR will provide for
said options in the event of default or foreclosure.
IN CONSIDERATION of the mutual promises, covenants and conditions
contained herein, the parties hereto mutually agree as follows:
1. Paragraph 14 of Page 11 of the Novation of Lease Agreement
dated March 11, 1974, is amended to read as follows:
14. Foreclosure: It is agreed, however, that in the event
the rights under this lease are used as security for any loan or
the repayment or replacement of any loan, the proceeds of which
were used to develop and improve the property let hereby for the
limited purposes set forth in this lease, and said encumbrance
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desires to foreclose said loan for non-payment thereof or to accept
an assignment of this lease in lieu of such foreclosure, then
and in that event the rights of the parties shall be as follows:
1. The LESSOR shall have the right and option to cure the default
and take possession subject to the obligations of the note and
deed of trust which is in default and substitute itself in place
and instead of the LESSEE as to such loan and deed of trust. Such
option shall expire upon the sale of the leasehold estate at public
or private sale or pursuant to a sale upon order of a court of
competent jurisdiction.
2. The LESSOR shall have the right and option to substitute a
new LESSEE and borrower in place of the LESSEE; provided that there
is paid to the lender the amount as follows: the installments
then due and delinquent, accrued interest, foreclosure costs and
a reasonable attorney's fees, and, provided further, that the fi-
nancial condition of the new lessee is approved by the lender,
which approval shall not be unreasonably withheld. Such right
and option shall commence upon the recording of a notice of default
under the note and deed of trust and shall expire upon the sale
of the leasehold estate at public or private sale or pursuant to
a sale upon order of a court of competent jurisdiction.
3. The LESSOR shall be entitled to bid in at any foreclosure sale.
4. In the event the lender acquires the leasehold estate by
foreclosure or by assignment in lieu of foreclosure, the lender
shall have the right to further assign and sell such leasehold
interest to third parties. The LESSOR shall and does hereby give
its consent to such assignment, provided, however, that the LESSOR
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shall have a right of first refusal, which right shall expire
thirty days following receipt of written notice of intent to
sell. The form of notice shall consist of a copy of the contract
of sale between the lender and the third party, which contract
shall contain the following provisions:
"This contract and assignment of the Leasehold estate
described herein, shall not become effective unless
and until (a) the LESSOR waives its right of first
refusal, (b) fails to exercise its right of refusal.
The right of first refusal of the Lessor is as follows:
The LESSOR shall have the right to purchase the lease-
hold estate upon the same terms and conditions as set
forth in this agreement. Said right shall expire,
unless exercised, on the 30th day following receipt
by the LESSOR of a copy of this agreement. Should
the LESSOR elect to exercise such right, it shall be
given written notice thereof to the lender prior to
the expiration of the right of first refusal. The
right of the LESSOR, in the event such right is
exercised, is to all of the rights of the Assignee/
borrower named herein, including but not limited to
rights under the leasehold estate, rights under this
contract and rights under any conditional offer to
finance the Assignee made in connection with this
Contract."
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5. The prior written consent of Lessor shall not be required;
(a) To a transfer of said lease at foreclosure sale under the
trust deed, under judicial foreclosure or by an
assignment in lieu of foreclosure; or
(b) To any subsequent transfer by the encumbrancer if the
encumbrancer is an established bank, savings and loan
association or insurance company, and is the purchaser
at such foreclosure sale;
Provided that in either such event the encumbrancer forthwith gives
notice to the Lessor in writing of any such transfer, setting forth
the name and address of the transferee, the effective date of such
transfer and the express agreement of the transferee assuming and
agreeing to perform all of the obligations of said lease, together
with a copy of the document by which such transfer was made; and
the payment to Lessor of the transfer fee provided in said lease
but in any event not more than $50.00.
(c) Any transferee under the provisions of the Lease shall be
liable to perform the obligations of the LESSEE under
said lease only so long as such transferee holds title to
the leasehold. Any subsequent transfer of the leasehold
shall not be made without the prior written consent of
the Lessor and shall be subject to the conditions relating
thereto as set forth in said lease.
(d) Upon and immediately after the recording of the trust deed,
Lessee, at Lessee's expense, shall cause to be recorded
in the office of the Recorder of Orange County, California,
a duly executed and acknowledged written request for
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a copy of any notice of default and of any notice of
sale under the trust deed as provided by the statutes of
the State of California relating thereto. Concurrently
with the execution of said consent Lessee shall furnish
to Lessor a complete copy of the trust deed and note
secured thereby, together with the name and address of
the holder thereof.
2. Paragraph 15 of page 11 of the Novation of Lease Agreement
dated March 11, 1974, is amended to read as follows:
15. Default: Except as provided in Paragraph 13 (relating
to bankruptcy, etc.), a default in the performance of any promise
of or of any obligation imposed upon LESSEE shall not constitute
a breach of this lease unless LESSEE fails to cure such default
within six (6) months after written notice of default has been
served by LESSOR, except that failure to cure a default in a
payment of rent or payments to any Encumbrancer shall constitute
a breach of this lease if such default is not cured within
five (5) days after written notice of default has been served.
Lessor agrees that it will not terminate said lease because of
any default or breach thereunder on the part of Lessee if the
Encumbrancer or the trustee under such deed of trust, within
ninety (90) days after service of written notice on the encumbrancer
by Lessor of its intention to terminate said lease for such default
or breach, shall
(1) Cure such default or breach if the same can be cured by
the payment or expenditure of money provided to be paid under the
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terms of said lease, or if such default or breach is not so curable,
cause the trustee under the trust deed to commence and thereafter
to diligently pursue to completion steps and proceedings for the
exercise of the power of sale under and pursuant to the trust
deed in the manner provided by law, and
(2) Keep and perform all of the covenants and conditions
of said lease requiring the payment or expenditure of money by
Lessee until such time as said leasehold shall be sold upon fore-
closure pursuant to the Lease, or shall be released or reconveyed
thereunder, or shall be transferred upon judicial foreclosure or
by an assignment in lieu of foreclosure;
Provided, however, that if the holder of the trust deed shall fail
or refuse to comply with any and all of the conditions of this
paragraph, then and thereupon Lessor shall be released from the
covenants of forebearance herein contained.
Any notice to the Encumbrancer provided for in this paragraph
may be given concurrently with or after Lessor's notice of default
to Lessee as provided in said lease.
3. All other terms and conditions of the Novation of Lease
of March 11, 1974, shall remain in full force and effect.
4. LESSOR hereby consents to the assignment by Trust Deed of
the Novation of Lease and this modification to Novation of Lease.
5. This Modification shall be effective on the date first above
written.
IN WITNESS WHEREOF the parties hereto have caused this
Instrument to be executed by the proper officers of each who
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were thereunto duly authorized and each party has hereunto affixed
its seal.
ATTEST: CITY OF SANTA ANA, a municipal
corporation
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CLE OF THE COUNCIL 1 YOR
RIVER VIEW GOLF, a California
corporation
BY
ROY L IS
Sec tary/Treasurer
BY
K NETH B. JAMES
Vice-President
BY ~~~~C ~ ~
NOV B. JAMES
Pre ' dent
APP D AS TO FORM:
J S A. WITHERS, CITY AT ORNEY
I~;F~N
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i 1391 Pc 1495
NOVATION OF LEASE
`PHIS NOVATION executed in duplicate at Santa Ana,
i California, this 11~ day of _ t,iarch , 1974, between
the CITY OF.SANTA ANA, a chartered municiYal corporation,
. hereinafter called "LESSOR," and RIVER VIEW GOLF, a CaliL--
ornia corporation, hereinafter called "LESSEE."
RECITALS
1. On November 2, 1964, the parties hereto entered into
a lease of certain real property in the City of Santa Ana
along the southeasterly boundary of the Santa Ana River chan-
. nel north of 17th Street for the construction and operation .
of a~golf course on said property.
2. An amendment to saki lease was executed by the parties
.on November Z1, 1966, to allow ingress and egress ever a small
portion of the leasehold for the purposes described therein.
3. LESSEE has subsequently, by lease dated September
2, 1969, obtained a leasehold interest from Orange Coanty Flood
.Control District~in land adjacent to the premises owned by
. L1;SSOR and has expanded its operation to an l8 hole golf course
using the combined property under both leases.
4. The parties hereto have agreed that the aforementioned
lease of November 2, 1964 and the amendment thereto dated rlovem-
ber 21, 1966 should be extinguished, each party surrendering
its rights thereunder, and should be completely replaced with
the new lease agreement contained herein.
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LrASE
AGREEMENT
In consideration of the mutual promises, covenants and coiidi-
Lions herein, the parties agree as follows:
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1. DESCRIPTION OF PRrT•lISES: LESSOR hereby leases to
LESSEE, and LESSEE hires from LESSOR on the terms and condi-
Lions hereinafter set forth, that certain property o.f- the CITY
OF SAIITA ANA lying between the Santa Ana River Channel on the
• Northwest and Alona Park and Alona Street Park Subdivision on
the Southeast, except f_or portions of said property heretofore
leased by the CITY OF SANTA ANA to SANTA ANA•CHAF?TER IZAAK
WALTON, LEAGUE OF AMERICA, INC. Said real property is more .
particularly described as follows:
Beginning at the most ~~lesterly corner of Lot 64, Tract
No. 2122, as shown on a map thereof recorded in Book G1,
Pages 49 and 50, riiscellaneous Mans, Records of Orange
County, California, said Westerly corner of Lot 64 being
the most Southerly corner of the property described in
the revised Lease to the Izaak Walton League; thence,
following along the boundary of said revised Lease, the
following courses: N. 64° 43' 22" t•1. , 146.2?. feet; thence
N. 22° 43' 40" E., 200.00 feet; thence. N. 50° 49' S5" E.,
. 75.92 feet;• thence S. 89~° 54' 05" E., 40.00. feet to the.
' Southwesterly corner of the BoY Scout Lot described in
Deed to the Kiwanis Club of Santa Ana and recorded in '
. Book 2826, Page 166, Official Records of. 'Orange County,
California; thence, along said Bqy Scout Lot N. 22° 00'
00" E., 102.60 feet and S. 89° 54' OS" E., 124.74 feet
' to the Southwesterly corner of Lot 45, Tract No. 1608,
as shown on a Map thereof recorded in Book 48, Pages 21,
22 and 23, Aliscellaneous T~~aps, Records of Orange County,
. California; thence N. 32° 08' 32" E., along Lot lines of
said Tract No. 1608, 1071.06 feet to the angle point in
the Northerly line of Lot 30 of said Tract No. 1608, said
angle point being the Northeasterly end•of the line des-
• cribed in that certain ~uitcla~.m Deed from.the Orango
County flood Control District to the City of Santa Ana,
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recorded in Book 6106, Pages 9, 10 and 11, Offici~ll Re-
cords of Orange County, California; thence, i.n a general
. Southwesterly direction,•fallowing alone] the line des-
cribed in said quitclaim Deed to an intersect.i.on c,~itti the
Northwesterly prolongation of that certain course having
a bearing of South 62 1/2° East, -in the Heed to To~•~ner
1•ianufacturing Company recorded March 13, 1946 in Book
' 1399, Page 362, Ufficial Records of Orange County,
California; thence Southeasterly, along said prolongation,
to the most Northerly corner of the property described
• ~ in said Deed to Towner T~anuf_acturing Company; thence •
Northeasterly, in a direct line, to the most taesterly
corner of that certain property conveyed ~:o the City of
Santa Ana, California, as described in Book 2516, Page
264, Official Records of Orange County, California; thence
Northeasterly, along the t~lorthwesterly line of said pro-
, perty conveyed to the City of Santa Ana, 70^0.00 feet, more
or less, to an intersection with the Northwesterly prolon-
gation of the Southwester]y line of Lot 185, Tract No.
1724, as shown on a•Map thereof recorded in Book 51, Pages
24, 25 and 26, Miscellaneous Asaps, Records of Orange County,
California; thence S. 53° 58' 44" F., along said prolonga-
tion, 102..75 feet to the tdesterly corner of said Lot 185,
Tract No. 1724; thence Northeasterly, along Subdivision
• - lines 571.72 feet to the most ~•lesterly corner of Lot E4,
• Tract PIo. 2122, and the point of beginning.
Above described property outlined on P4ap attached hereto,
' marked "Exhibit A."
2. TERM: The term of the within lease shall be for
twenty-five (25) years, commencing on the 21st day of August,
1961, and ending on the~20th day of August, 1986.
3. RENT: LESSEE agrees to pay and LESSOR agrees to
accept as rent for the leased property for the team of said
. lease the following sums:
. ~ A. During the nine (9) years beginning on the 21st day
of August, 1962, and ending on the 20th day of_ August, 1971,
three percent (3~) of .the gross business done by LESSEE on
• ~ all sales and services, excepting food and merchandise.
• B. During the period August 21, 1971, to Auqust 20,
1973, four percent (4 ti) of-the gross business as defined
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he-reinabove.
C. During the period August 2l, 1973, to August 20,.
1981, lour percent (4Q) of one-half of the gross combined
business, excepting food and merchandise, done by LESSEE on
all sales and services derived from the entire operation con-
ducted on the property subject to this lease and the property
subject to that certain lease between LESSEE and the Orange
,County Flood Control District dated September 2, 19.69. In
addition, two. percent (2~) of the gross receipts from the .
sale of beer and/or wino any~ohere on the combined golf course
property:
• D. During the next five (5) years thereafter, five •
percent (5~) of_ one-half of the gross combined business as
defined hereinabove. In addition, two percent (2~) of beer
and/or wine sales as described hereinabove.
E. Notwithstanding sub-paragraphs A and B above, LESSEE •
agrees to pay in total rent for the years 197?. and 1973, the
sum of Six Thousand ($6,000.00) Dollars each year.
. F. Notwithstanding sub-paragraphs C.and D, above, when-.
• ever any portion of the entire golf course is unplayable or •
unused as a result of river flooding or for any other reason,
the•rental percentage otherwise applicable to one-half of the
gross combined business as defined above and payable to LES-
SOR shall be applied to the total of fees charged for play •
on any portion of the combined golf course which remains play-
, able or used, irrespective of the ownership of the premises
on which said portions lie.
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G. Said amounts of rent herein provided for shall be
. due as follows:
(1) All rental payments for the period from August J.,
1961 through December 31, 1973 are naca due and payable.
LE5SOP.-~agrees to credit to LESSEE as payments for said
period under. this lease all rental payments made by
LESSEE for said period under the prior aforementioned,
lease, and LT'SSEE agrees promptly to remit any balance
for said period now owing, in the 'manner and form provided.
(2) From and following January 1, 1974, and thereafter,
rent shall become due monthly, in the manner and form
herein provided, on or before the 20th day of the month.
following the due date of said payment.
(3) All rental payments hereunder shall be paid in
lawful money of the United States of America or by
check or draft to the order of "CITY OF SANTA ANA" and
mailed or delivered to LESSOR'S Director of Finance
at the City Hall, Santa Ana, California.
H. LESSOR shall .have the right at all reasonable times
to inspect LESSEE'S books. and records. pertaining to its opera-
tions on the lease property. Not later than February 15th of each
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ax 1139 I Pc 1500
year. during the term of this lease, LESSEE, at -its own cost,
shall furnish to LESSOR a complete audit of-its operations dur-
ing the preceding fiscal year ending November 30th prepared by
an accountant licensed by the State of California.
4. LESSEE is hereby granted an option to renew this
lease for an additional period of twenty-five S) years
commencing on the 21st day of. l~ugust, 1986, and ending on the
20th day of 1~ugust, 2011. This option may be exercised by the
giving of a notice in writing of the intention to exercise the
same bettaeen July 1, 198,5, and January 1, 1986. Said notice
shall be served on the Clerk of the Council and on the City
Manager of LESSOR.. If this option be exercised, LESSEE agrees
to pay and LESSOR agrees to accept as rent for the .eased
property for the new term the following sums:
A. During the first ten (10) years, six percent (G~)
of the gross business done by LESSEE on all sales and services,
excluding food and merchandise plus two percent (2~) of beer
and%or wine sales as described in paragraph 3, provided, hoca-
ever, that if LESSEE also exercises an option to renew that
- certain lease with the Orange County Flood Control District
dated September 2, 1969, the rental to LESSOR hereunder shall
be six percent (6~) of one-half of the gross combined business,
excepting food and merchandise, as~described in paragraph 3
hereof, plus_two percent (2~) of beer and/or wine sales. '
B. During the next ten (10) years, sever percent (70) of
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. the gross business as defined next hereinabove, or of one-half
of the gross combined business, as provided in sub-paragraph A
immediately above, plus, in either case two percent (2~) of
beer and/or wine sales.
C. During the last five (5) years, eight percent (8~)
of said gross business as defined next hereinabove, or of one-
half of the gross combined business, as provided in sub-paragraph
A in this paragraph 4, plus, in either case two percent (2~)
of beer and/or wine sales.
All of the terms of this lease shall apply to said option
period.
. 5. USE OF PROPERTY: The leased property shall be used
only.for a clubhouse, golf course, driving range and putting
greens. Golf and related sporting good items and equipment
• may be sold and food and drink may be served to the public,
but the sale of alcoholic beverages other than beer and/or
wine is prohibited.
Execution by LESSEE and Novel B. James of "Agreement
Granting Permit .to Pass over Land" and passage over city pro-
. perty under said agreement from the northwesterly end of 22nd
Street to the rear of Lot 182 of Tract No. 1274, as per map
recorded in Book 51, pages 24, 25 and 26, of Miscellaneous
Maps in the office of the County Recorder of Orange County,
State of California is hereby declared an authorized use of
the leasehold property. .
. 6. COMPLIANCE WITIi STATUTES 11tJD ORDINANCES : LESSET: agrees
that in its use and occupancy of the leased property it will com-
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ply with all applicable laws, rules, statutes, regulations and
ordinances of all governmental bodies whose authority extends
to the leased property or to any:business conducted upon the
leased property.
7. TAXES: LESSEE agrees to pay when due all taxes levied
upon or assessed against LESSEE'S property situated in or upon
the leased premises and upon LESSEE'S possessory interest in the
real estate hereinabove described.
8. MECIiANIC'S LIENS: LESSEE agrees to keep the demised
premises free from all claims of persons, firms or corporations,
who, at the request of LESSEE br its contractor, furnish labor
or material to or for the benefit of .the leased property. LESSOR
may at any time post and keep posted on said premises, appro- -
priate notice of non-responsibility for protection against such
claims.
9. REPAIRS: LESSEE agrees at its own cost and expense to
keep and maintain the leased property and all structures it has .
placed thereon in good condition and repair, including the -
watering and landscaping of said golf course. Failure on the
part of LESSEE to maintain the plantings, landscaping, and struc-
tures herein referred to in good condition and repair mill be
. grounds for cancellation of .this lease if not. corrected within
six (6) months after notice so to do served by LESSOR on LESSEE,
it being the desire of LESSOR that said property shall contribute
to the beauty of the City and provide an attractive recreational
area for the citizens of Santa Ana.
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" Any buildings or structures constructed or erected on said
premises shaJ.l be and remain the property of_ LESSEE and upon
any termination of this Lease, it shall have the right to remove
said structures within thirty (30) days of such termination. In
the event that said structures are removed, LESSEE shall place
the portions of the premises underlying said b~zildings or struc-
tures in a level condition and shall remove therefrom any and
all concrete and metal. In the event that LESSEE does rot re-
move said buildings or structures within thirty (30) days after
any termination of this lease, said buildings and structures
shall revert to and become the property~of the~LESSOR.
LESSEE agrees that, upon any termination, extension or
renewal of this lease, it will, as a condition precedent to
.the right to remove buildings and structures constructed or
"erected by it, as provided in this paragraph number 9, con-
struct a driveway from the garage located on Lot 182 of Tract
No. 1724, as per map recorded in Book 51, page 24, 25 and 26,
of Miscellaneous Maps in the office of the County Recorder of
Orange County, State of California, to a public street to pro-
vide 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 boundary line of
" "'the property leased to LESSEE. It shall be_understood that the
curbcut and driveway shall make said Lot 182 comply with all
" the single family residence requirements.
10. UTILITIES: LESSEE shall pay for all water, gas, heat,
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light, power, telephone service, and all other service supplies
• to the said premises when the same become due.
11. DESTRUCTION OF OR DAMAGE TO LEASE PROPERTY: If, by
earthquake, flood, or other similar calamity, or by fire, act
of war, act of rod, or other similar cause, the buildings to .be
erected by LESSEE on the leased property are destroyed or damaged
to a substantial degree, and if, within six (G) months after. the
date when such destruction or damage occurs, LESSEE has not •
' commenced their repair or construction, LESSOR may terminate
• this lease by written notice to LESSEE. If so terminated,
LESSEE shall, at his o~m cost and expense, forthwith remove the •
' damaged buildings and structures and shall be otherwise re-
- leased from all obligations under this lease.
12. ASSIGNP4ENT OR SUBLETTING: LESSEE shall not have the
right to assign nor sublet this lease or grant any concession
thereunder without the prior written consent of the City Council
of the CITY OF SANTA ANA. •
Execution of "Agreement Granting Permit to Pass over Land"
between LESSEE and Novel B. James, granting permission to pass
• over city property from the northwesterly end of 22nd Street
to .the rear of Lot 182, .more fully described in paragraph 5
hereof, is not deemed to be an assignment or subletting, nor
the granting of any concession under this lease, as prohibited
by this paragraph.
13. IIANKFUPTCY:, An adjudication that LESSEE is a.banlc-
rupt shall automatically terminate this lease and all rights
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of LESSEE under this lease. If (a) a receiver (apart .from a
bankruptcy proceeding) is appointed to take possession of all
or substantially all of the assets of LESSEE, .or if (b} LESSEE
• shall make a general assignment for the benefit of creditors,
and if such appointment or assignment continues for a period
of thirty {30) days, then LESSOR, at its election, may ternzinate
this lease and all rights of LESSEE under this lease, and it
shall not be necessary for LESSOR to give notice to LESSEE of
such termination.
14. FORECLOSURE: It is agreed, however, that in event
the rights under this lease are used as security "for any loan
or she repayment or replacement of any loan, the proceeds of
which were used to develop and improve the property let hereby
€or L•l~~e limited purposes set forth in this lease, and said
. ~~lender desires to foreclose said loan for non payment thereof
or to accept an assignment of this lease in lieu of such fore-
closure, then and in that event, said lender or a purchaser
from said lender will be accepted as lessee in lieu of. the
LESSEE named herein, and such foreclosure sale or assignment
shall not terminate this lease.
15. DEFAULT: Except as provided in Paragraph 13 (relating
to 'bankruptcy, etc.), a default in the performance of any promise
of or of any obligation imposed upon LESSEE shall .not constitute
a breach of this lease unless LESSEE fails to cure such default
• within six (6) months after written notice of default has been
• served by LESSOR,-except that .failure to cure a default in a
' payment of rent shall constitute a breach of this lease if such
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6K11~91PG~~`~
default is not cured within five (5) days after written notice
of default ha's been served.
l.G. HOLDING OVER: If LESSEE with the consent of_ LESSOR
continues in the possession of the leased property after the
expiration of the term of this lease or any extension under the
option herein granted, then LESSEE shall be deemed to be holding
the leased property on a month to month tenancy subject to all
the provisions of this lease, and the rent during such period
of holding over shall be as determined by LESSOR through its
City Council.
17. D10TICES: All notices to be given to either party may
. be given in writing personally or by depositing the same in the
United States mail, postage prepaid, and addressed to LESSEE -
at the said premises whether or not LESSEE has departed from,
abandoned or vacated the premises, and to LESSOR at City Hall,
Santa Ana, California. •
18. ~aATER: LESSEE may, if it so desires, drill a water
well on the premises and install such pumping equipment at the
.well site as is reasonably required, all of the foregoing,
' plus maintenance and operation thereof, to be done at LESSEE'S
sole cost and expense, and it may use„the water•produced there-
. ~ from for irrigation purposes only. •LESSOR makes no representa-
tions as to the quality or quantity of water which can be pro-
duced from drilling on said premises. LESSEE shall pay promptly
any pump or extraction ta:c due for water produced. LESSEE shall
obtain from the CITY OF .SANTA ANA through its taater Department
such water service as shall be required for domestic purposes,
- r
all in accordance with the rules, regulations and ordinances _w
. ' fy~)
.
~ ~ - ~ ,
•
6K 1139 ! 15p?
of the jVater Department and the CITY OF SAtJTA ANA. LESSOR will
charge, and LESSEE will pay for such domestic water service
delivered through said Water Department at the same rates that
LESSOR'S ttiTater Department charges other municipal departments
for water service.
19. INSURANCE:
A. LESSEE .Shall keep at his own cost and expense
public liability insurance covering all of its operation:, the
liability under such insurance to be not less -than $300,000.00
for any one person injured, $500,000.00 for any one accident,
and $25,000.00 for property damage. These policies shall
• insure the contigent liability of LESSOR and are to be placed
' with LESSOR.
B. LESSEE at his own cost and expense shall keep
al'1 buildings and structures erected on the leased premises
adequately insured for fire'and extended coverage, malicious
mischief and vandalism. A loss payable clause shall .be in-
cluded in favor of LESSOR as its interest may appear.
'20. RESERVATION: LESSOR reserves the right to drill
water wells and to construct, reconstruct, repair, maintain
and operate pumping equipment and pump 'houses at the well sites
.and such pipelines, conduits and drains as LESSOR may require
in, on and through the real property let hereby. LESSOR agrees
to drill said wells and to construct said equipment, structures,
and l~.nes in unimproved locations so as not to interfere with
structures, tees, and greens of LESSEE and so as to cause a
minimum interference with LESSEE'tS fairways by locating at or
" 'mil
• ~
BKI i399PG1~08
near the edge of such fairways, and to cause a minimum of inter-
ference with the operation of said golf course, but LESSOR re-
serves the right to cross said fairways wliere LESSOR decides it
is necessary to do so.
LESSOR reserves the right to enter the property at any
reasonable time for the purpose of inspectincl the same and to
maY,e repairs to any of LESSOR'S installations on the property,
levees, trap-ga.te drains, or any lines or structures.
21. NOTICE TO LESSEE OF OIL AND GAS RIGHTS JUDGhtFNT:
LESSOP. directs LESSEE'S attention to the case of Towner
I~anufacturing Company, a partnership, v.s. City of Santa Ana, a
corporation, et al'., No. 109866, in the Superior Court of the
State of California for the County of Orange, and to the Judg-
ment therein entered in Judgment Book 96, Fage 174, on May 21,
1964, which said litigation resulted in the recognition of oil
and gas rights under a portion of~the land let hereby and
reserves the right to enter for the purpose of exploring and
developing the same. LESSOR believes that it has good title
to the property herein described, subject .to this reservation
of underground hydrocarbons which exists on~the southerly por-
• tion of said property, but LESSOR cannot be bound by a warranty •
of its title.
22. BINDING ON SUCCESSORS: All of the provisions of
this lease and the covenants and conditions herein contained
shall apply to and bind the heirs, successors, executors,
administrators and assigns of all the parties hereto; and all
of the parties hereto shall be iointly and severally liable
hereunder. ~
•14
. .
. ~
' •
gx I I X91 PG ! 509
• IN WI~':4rSS WIiEP.EOF the parties hereto have cause this
Instrument to be executed by•t}ie proper officers of each who
were thereunto duly authorized and each party has hereunto
affixed its seal.
CITY OF SANTA ANA, a municipal
ATTEST:
corporation,
l t~A~ass,:,:crszo,~~
~ w ~
CLERK OF THE CO i~ICIL YOR
• RIVER VIEW GOLF, a California
• corporation, •
By oy Lewis
Title S• retary T eas, rer
wry! am esr~'l?'' /l
APPROVED AS TO FORT4: ~ • gy• enneth
Title Vice _-/P/resident
By Duel B. James
J ES ~ITHF S,
• ty A orney President f~'~
Title
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MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA
April 21, 1975
The Regular Meeting of the City Council was called to order
at 2:05 P.M. by Mayor John Garthe, in the Council Chambers,
22 Civic Center Plaza, with the following Council members
present: Gordon Bricken, David F. Ortiz, Harry K. Yamamoto,
Vernon S. Evans, David L. Brandt, James E. Ward and Mayor
John Garthe. Also present were City Manager Bruce C. Spragg,
Acting City Attorney Charles Liberto, Director oi' Public
Works Ronald Wolford, Director of Planning Charles C. Zimmer-
man, Police Chief Raymond Davis, and Clerk of the Council
Florence I. Malone.
INVOCATION Following the Pledge
PLEDGE OF ALLEGIANCE of Alle
glance to the
Flag, the Invocation
Yamamoto, was given by Councilman
APPROVAL OF The Minutes of the
MINUTES ,Adjourned Re ular
Meeting of March 10,
Meeting of March 17, 1975, were approved 7unanimouslyRonular
motion of Councilman Evans, seconded by Councilman Ortiz.
RECESS The Council recessed
HOUSING AUTHORITY
at 2:10 P.M., to
convene the Regular
Authority. The Council meeting was reconvenedoatt2e15ousing
with all members present. P•M•,
CONSENT CALENDAR The follow~in
g Agenda
items were removed
from the Consent Ca1en-
by Councilman Ortiz; Items 8 A B dar: Ttem 3 C requested
Councilman Ward; Items 3 A and~5 B requestedrb~uMayor Garthe.
On the unanimously carried motion o~ Council~an Evans,
seconded by Councilman Xamamoto, Council aff~,xmed the
recommended action on the following Consent Calendax Items:
BID CALLS Approved plans and
specifications, and
ment for bids on the following: authorized advertise-
ANNUAL CONTRACTS
(1) SPEC. 756-111 - Asbestos Cement Fipe CA 89D
(2) SPEC. 756-118 - Cast Iron Fittings
(3) SPEC. 756-120 - Gate Valves
(4) SPEC. 756-121 - Butterfly Valves
(5) SPEC. 756-122 A ~ B - Tapping Sleeves
$ Tapping Gate Valves
(6) SPEC. 756-135 A $ B - Fire Hydrants
(7) SPEC. 756-136 Cold Water Meters Domestic
(8) SPEC. 756-137 Cold Water Meters, Fire Service
(9) SPEC. 756-138 Cold Water Meters - Compound
CITY COUNCIL MINUTES 151
APRIL 21, 1975
CONSENT CALENDAR - Continued
(10) SPEC. 756-231 Asphalt Concrete
(11) SPEC. 756-232 - Asphaltic Emulsion
(12) SPEC. 756-233 - Asphaltic Slurry Seal
(13) SPEC. 756-234 - Portland Cement Concrete
i
BID AWARDS Awarded the following
on basis of only
responsible bidder:
i
SPEC. 74-033 - Dual Guttex Broom Motor Pick CA 89A
Up Street Sweeper; awarded to A. M. Donaher
Son, Tnc., South Gate, for a gasoline powered
Street Sweeper at a cost of $29,661.98.
Awarded the following on basis of lowest responsible
and best bidder:
SPEC. 75-006 - One 7-Gang Reel Type Mower; CA 89A
` awarded to Toro Pacific Distributing, Gardena,
for mower with seven blade wheels in the
amount of $10,936.02.
Awarded the following on basks of lowest responsible
and best bidder complying with specifications:
SPEC. 74-031 - Seven ~7) Pickup Trucks; CA 89A
awarded to Guaranty Chevxplet Motors, Santa
Ana, in the amount of $29,818,52.
AGREEMENTS Approved the follow-
ing agreement, and
authorized its
execution by the Mayor and Clerk:
RENTAL AGREEMENT - Between City and the South- A-75-26
ern California Aquatics Club of Santa Ana for
the use of Memorial Swimming Pool to develop
swimmers and promote world and international
competition events.
Approved the following modification to novation o£
lease and consent to transfex, and authorized their
execution by the Mayox and Clerk:
MODIFICATION OF NOVATION OF LEASE - Between A-75-28
City and Riverview Golf to provide the City A-74-11
certain rights should Riverview default in A-11-2-64
its payments to the First National Bank of
Orange County.
TRAFFIC Received and filed
Report of Control
Devices removed or
installed April 10, 1975 through April 11, 1975, CA 18.3a
inclusive.
f ALCOHOLIC BEVERAGE -Received and filed
LICENSE APPLICATIONS -the following
-Applications:
HECKMAN, Wilburt E. - 1631 South Standard, CA 146
Person to Person Transfer - Tppe "40" On
Sale Beer ~ Wine (Bona Fide Public Eating
Place).
1 CITY COUNCIL MINUTES 152 APRIL 21, 1575
FLORENCE I. MALONE