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HomeMy WebLinkAboutRIVER VIEW GOLF COMPANY - LEASE 1962~ „ I -- ., ~ , .. r ?.' . L E A S E PARTIES: This Lease executed in duplicate at Santa Ana, California, on the 16th day of July 1962, between the CITY OF SANTA ANA, a Municipal Corporation, hereinafter called "LESSOR" and RIVER VIEW GOLF, a California Corporation, hereafter called "LESSEE"; IT IS AGREED between the Parties hereto as follows: 1. DESCRIPTION OF PREMISES: The LESSOR hereby leases to LESSEE without warranty as to LESSOR'S title, and LESSEE hires from LESSOR on the terms and conditions hereinafter set forth, that cer- tain property of the CITY OF SANTA ANA lying between the Santa Ana River Channel on the Northwest and Alone Park and Alona Street Park Subdivision on the Southeast except for portions of said property heretofore leased by the CITY OF SANTA ANA to SANTA ANA CHAPTER IZAAK WALTON LEAGUE OF AMERICA, INC. Said real property is more particu- larly described as follows: Beginning at the most Westerly corner of Lot 64, Tract No. 2122, as shown on a Map thereof recorded in Book 61, Pages 49 and 50, Miscellaneous Maps, 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" W., 146.22 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 Boy Scout Lot N. 22° 00' 00" E., 102.60 feet and S. 89° 54' 05" 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, Mis- cellaneous Maps, 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 described in that certain Quitclaim Deed from the Orange County flood Control District to the City of Santa Ana, recorded in Baok 6106, Pages 9, 10 and 11, Official Records of Orange County, California; thence, in a general Southwesterly direction, following along the line described in said Quitclaim Deed to an intersection with the Northwesterly prolongation of that certain course having a bearing of South 62'x° East, in the Deed to Towner Manufacturing Company recorded March 13, 1946 in Book 1399, Page 362, Official Records of Orange County, California; thence South- easterly, along said prolongation, to the most Northerly corner of the property described in said Deed to Towner Manufacturing Company; thence Northeasterly, in a direct line, to the most Westerly corner of that certain property conveyed to the City of Santa Ana, California, as described in Book 2510, Page 264, Official Records of Orange County, California; thence North- easterly, along the Northwesterly line of said property con- veyed to the City of Santa Ana, 780.00 feet, more or less, to an intersection with the Northwesterly prolongation of the Southwesterly line of Lot 185, Tract No. 1724, as shown on a Map thereof recorded in Book 51, Pages 24, 25 and 26, Miscella- neous Maps, Records of Orange County, California; thence S. 53° 5~3' 44" E., along said prolongation, 102.75 feet to the Westerly corner of said Lot 185, Tract No. 1724; thence Northeasterly, along Subdivision lines 571.72 feet to the most Westerly corner of Lot 64, Tract No. 2122, and the point of beginning. Above described property outlined on Map 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. DEVELOPMENT AND USE: LESSEE agrees at his own cost and ex- pense to construct, a Golf Driving Range by July 1, 1962 and a nine (9) hole golf course and such building or buildings as in LESSEE'S discretion shall be required for the operation of the same by January 1, 1963, all of the foregoing to be in accordance with plans and specifications to be approved by the City Council of the CITY OF SANTA ANA. In the event LESSEE fails, f.or any reason, to construct and develop a nine (9) hole golf course with grass greens and fair- ways and other appurtenant facilities by January 1, 1903, this Lease shall terminate and LESSEE shall have thirty days from notice of such termination to remove all structures from said property. Said facil- ities shall be open daily during hours as specified by the City Council, but in no event later than 9:30 o'clock P.1K. 4. RENT: LESSEE agrees to pay and LESSOR agrees to accept as rent for the leased property for the term of said Lease the follow- ing sums: A. During the first year of said Lease, no rental shall be paid in order to permit LESSEE to perform the necessary construction and to get the course in operation. B. During the next nine (9) years, three percent (3/) of the gross business done by LESSEE on all sales and services, excluding -2- foods and merchandise. C. During the next ten (10) years, four percent (4%) of the gross business as defined hereinabove. D. During the next five (5) years, five percent (5%) of said gross business as defined hereinabove. E. Said amounts of rent herein provided for shall be due as follows: The first payment shall be due upon the first day of January, 1963 and shall be the rent for the period beginning July 1, 1962, through December 31, 1962, and rent thereafter shall become due quarterly on the first day of April, the first day of. July, the first day of October and the first day of January of each and every year thereafter, all payments excepting the first and last payments to be upon a calendar quarterly basis and to 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, Third and Main Streets, Santa Ana, Cali- fornia, on or before the 15th day of the month following the due date of said payment. F. LESSOR shall have the right at all reasonable times to in- spect LESSEE'S books and records pertaining to its operations on the leased property. Between the first and fifteenth of July of each year during the term of this Lease, commencing in 1962, LESSEE, at its own cost, shall furnish to LESSOR a complete audit of its oper- ations prepared by a certified public accountant. 5. USE OF PROPERTY: The leased property shall be used only for a clubhouse, nine hole golf course, driving range and putting greens. Golf and related sporting goods items and equipment may be sold and food and drink may be served to the public, but the sale of beer and other intoxicating liquors is prohibited. 6. COMPLIANCE WITH STATUTES AND ORDINANCES: LESSEE agrees that in its use and occupancy of the leased property it will comply with all applicable laws, rules, statutes, regulations and ordinances of all governmental bodies whose authority extends to the leased prop- -3- ,~ . • • erty or to any business conducted upon the leased property. 7. INSPECTION: LESSOR may enter upon the leased property at any reasonable time for the purpose of inspecting the property or anything thereon or to make necessary repair of levee trap-gate drains or City lines or structures. S. AXES: 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. 9. MECHANIC's LIENS: LESSEE agrees to keep the demised prem- ises free from all claims of persons, firms or corporations, who, at the request of LESSEE or its contractor, furnish labor or mater- ial to or for the benefit of the leased property. LESSOR may at any time post and keep posted on said premises, appropriate notice of non-responsibility for protection against such claims. 10. REPAIRS: LESSEE agrees at its own cost and expense to keep and maintain the leased property in good condition and repair, in- eluding the watering and landscaping of said golf course. Any buildings or structures constructed or erected on said premises shall 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. Tn the event that said structures are removed, LESSEE shall place the por- tion of the premises underlying said buildings or structures in a level condition and shall remove therefrom any and all concrete and metal. In the event that LESSEE does not remove 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. 11. UTILITIES: LESSEE shall pay for all water, gas, heat, light, power, telephone service, and all other service supplies to the said premises when the same become due. -4 - • • 12. DESTRUCTION OF OR DAMAGE TO LEASED PROPERTY: If, by earth- quake, flood, or other similar calamity, or by fire, act of war, act of God, 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 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 own cost and expense forthwith remove the damaged buildings and structures and shall be otherwise released from all obligations under this Lease. 13. ASSIGNMENT OR SUBLETTING: LESSEE shall not have the right to assign nor sublet this Lease or any concession thereunder with- out the prior written consent of the City Council of the CITY OF SANTA ANA. 14. BANKRUPTCY: An adjudication that LESSEE is a bankrupt automatically shall terminate this Lease and all rights of LESSEE under this Lease. If (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 terminate 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. 15. DEFAULT: Except as provided in Paragraph 14, (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 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 default is not -5- ., • cured within five days after written notice of deault has been served. 1~. HOLDING OVER: If LESSEE with the consent of LESSOR con- tinues in the possession of the leased property after the expiration of the term of this Lease, then LESSEE shall be deemed to be hold- ing 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 Coun- cil. 17. NOTICES: 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 va- cated the premises and to LESSOR at City Hall, Santa Ana, California. 18. WATER: 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 therefrom for irrigation purposes only. LESSOR makes no representations as to the quality or quantity of water which can be produced from drilling on said premises. LESSEE shall pay promptly any pump or extraction tax due for water pro- duced. LESSEE shall obtain from the CITY OF SANTA ANA through its. water department such water service as shall be required for domestic purposes, all in accordance with the rules, regulations and ordi- nances of the water department and the CITY OF SANTA ANA. LESSOR will charge and LESSEE will pay for such domestic water service delivered through said water department at the same rates that the LESSOR'S water 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 operations, the liability -6 - ..~ 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 contingent liability of LESSOR and are to be placed with LESSOR. B. LESSEE at his own cost and expense shall keep all 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 included in favor of LESSOR as its interests may appear. 20. 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 jointly and severally liable hereunder. 21. REPLACEMENT LEASE: This Lease supersedes that certain Lease between the CITY OF SANTA ANA and NOVEL B. JAMES dated August 21, 1961 which said Lease covered only a portion of the property herein let. IN WITNESS WHEREOF the Parties hereto have caused this Instrument to be executed by the proper Officers of each who were thereunto duly authorized and each Party has hereunto affixed its seal. ATTEST: CITY OF SANTA ANA, a Municipal ~~ Corporation C E K OF 'rHE COUNCIL f,..y-- Approved as to form ;' JO K. 'COL LL City Attorney RIVE&-~EW GOLF, a California Corporation ~,,,~ ' ,'' _ i By Title By Title -7- f ~ . AFFIDAVIT STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) NOVEL B. JAMES, being first duly sworn deposes and says: That he is the LESSEE from the CITY OF SANTA ANA for a portion of the real property described in this Lease under a Lease dated under August 21, 1961; that/Paragraph 14 of said Lease he had the right to assign to a Corporation in which he was a majority stockholder; that he is a majority stockholder in RIVER VIEW GOLF, a Corporation and hereby consents to and approves the above Lease and requests that the same be executed by the CITY OF SANTA ANA. ,' ,-.~ NOVEL B. J ~_..1--'''~~~ Subscribed and sworn to before me f 1. .~ -~;, F this ,~~ = day of ~ ;.,~f.~ ~_~ 1962. i f r ~. ; „~ ~ , Notary Public in and for said County and State