HomeMy WebLinkAbout25D - AGMT - SAUSD LEASE 595 E 14TH STREQUEST FOR
COUNCIL- ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 20, 2016
TITLE:
AMENDMENT TO AGREEMENT WITH
SANTA ANA UNIFIED SCHOOL DISTRICT
FOR LEASE OF REAL PROPERTY AT
595 EAST 14TH STREET
(STRATEGIC PLAN NOS, 2, 1 & 6, 1C)
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 16� Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute a first amendment to an
agreement with the Santa Ana Unified School District to extend the existing lease of real property
located at 595 East 14th Street for the seven -month period beginning September 20, 2016,
through April 19, 2017, with provision for an additional renewal, exercisable by the City Manager
and City Attorney, subject to nonsubstantive changes approved by the City Manager and City
Attorney.
On September 19, 1917, the Santa Ana Unified School District ( SAUSD) and the City entered
into a lease agreement, for City's use of real property located at 595 East 14th Street for well
purposes and for the placement of a water tank. The term of the lease is for a period of ninety -
nine years and is set to expire September 19, 2016. The City and the SAUSD are currently in
negotiation regarding the City's continued use of this property. To facilitate this negotiation, the
SAUSD has agreed to extend the existing lease for an additional term.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #2 - Youth, Education, Recreation,
Objective #1 (ensure coordination among organizations serving Santa Ana's youth to optimize
programs); and, Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and
maintain a Community Investment Plan for all City assets), Strategy C (invest resources and
technology to extend the service life of existing infrastructure to protect the City's investment and
support a high quality of life standard).
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Amendment to Agreement with Santa Ana Unified School District
for Lease of Real Property at 595 East 14th Street
September 20, 2016
Page 2
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action
FISCAL IMPACT
There is no fiscal impact associated with this action
Fr 4d Mousavipour
Executive Director
Public Works Agency
Exhibits: 1. Agreement dated 9/19/1917 and titled "Contract of Agreement' (A- 1917 -000)
2. First Amendment to Agreement A- 1917 -000
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a
JCtii
CONTRACT OF AC #HUL"IiiENT
Tk118 CONTRACT OF AtiayEEsIEWT, 1'iac,1e ,,O(t Pl1'I:ered into dill 19th
day of September, 1917, by b.r(3 bet,n•esn the Bocsrd. of Education of 8rn.ta
Ana Scl-soo.L lli'la'Gr1c1; pn,rt!i of the first part, .emd. the ClAy of .Santa !Ana,
a. mu'n:1cipal covporn,tion of the, Fifth clago, party of tho a000nc! pa1�t,
tN1171E3;SLT} ;:— '1'},j -.yt for e,nr.' In Coll aiderr'tion of the tsaiyments
hereirnrf¢er stipulated to be made 'the party of tilde f,.rnf, part does = hereby
lease for Lbe pe.r9.od of ninety —nine years unto i.11 . ,ras "l;y of ' 'Lhe second
part, to be used .for well purposes and to be occuiDled and enclosed by the
party of the second_part all that certain pleee or parcal of land. located..
In the City of Saute, Ana., County of UrnntT,e, State of Cal.t.fovrda, de:.scri'bed
as follows, to —wltt
Oamwenoin4 ;, at a,Point on-tho North 11ne oa'1)4tlt Street; 550
.feet -Ea.et of the East 71ns Of 4'rench Street rlintring 't.ksence ea,stwa.rd. along
the North line of l)1t1a Street pr^oftoed to the wedtarly line of the right
Of wa,y,of the Southern Pselfie Railroy, thence Northwebterly along, the
westerly line of said r 4 *_ht of way to a point 500 "set East of the '.East
line of French Strset, thence South along the line parallel to tPae, Fast
.line of French Street to the point of beginning being a post of th
Lincoln Park Trnot as shown on a map record8d. In Book 6, page 14 o
Records of Orange County, California,
Z in ocnsideratlon therefor the party of 'tha sewn
C;.'.. �..:.
agrees to suppy�y',;;to the party of the first part water for �sahool p
from 'the let :ay of July 1917, to the first day of July 1919 to th
of 41400,00 the price of same to be fixed at the meter rate of 75
hundred cu, ft, for school purposes and 25 ets,. f'or 1000 cu. ft, f
school park purposes,
EXHIBIT 1
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value.
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FIRST AMENDMENT TO
CONTRACT OF AGREEMENT (LEASE) BETWEEN
SANTA ANA UNIFIED SCHOOL DISTRICT AND CITY OF SANTA ANA
THIS FIRST AMENDMENT TO CONTRACT OF AGREEMENT ( "First Amendment") is made as of
2016 ( "Effective Date "), by and between the Santa Ana Unified School District, a
California public school district ( "District "), and the City of Santa Ana, a charter city and California
municipal corporation ( "City "). District and City may be referred to herein individually as "Party" and
collectively as "Parties,"
RECITALS
WHEREAS, District and City entered into that certain Contract of Agreement, dated September 19, 1917
( "Lease "), whereby District leased to City, and City leased from District, certain real property located at
595 East 14" Street, in the City of Santa Ana, to be used for well purposes and for the placement of a
wafter tank occupied and enclosed by the City ( "Premises "); and
WHEREAS, the term of the Lease is for a period of ninety -nine (99) years and is set to expire as of
September 19, 2016 ( "Term "); and
WHEREAS, the Parties desire to effectuate an exchange of real property where the City would acquire
ownership of the Premises in return for the District acquiring ownership of a City -owned parcel that Is to
be determined ( "Exchange "), and the Parties are currently in negotiations regarding the Exchange; and
WHEREAS, if the Exchange is not effectuated, the Parties may agree to some other mutually agreed upon
disposition ( "Disposition "); and
WHEREAS, District and City desire to extend the Term of the Lease to allow the Parties to further explore
and agree upon terms for the Exchange and /or Disposition; and
WHEREAS, the Parties now mutually intend to amend the Lease's provisions as set forth herein this First
Amendment,
NOW THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, District and City
agree as follows:
1. Extension of Term.
1.1. The Parties acknowledge and agree that the Term of the Lease is hereby extended for an
additional seven (7) months, and shall expire on April 19, 201.7, in order for the Parties to
continue pursuing the Exchange and /or Disposition.
1.2. In the event the Parties determine that additional time is needed to effectuate the Exchange
and /or Disposition, the Parties shall mutually agree in writing to extend the Term of the Lease
for an additional period to be agreed upon by the Parties and effectuated in a subsequent
written amendment to the Lease approved by the Parties.
EXHIBIT 2
First Amendment to Lease —SAUSD & City — Davis ES Water Tower Page 1
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1.3. During the extended Term of the Lease, the City may maintain the cell tower equipment on
the Premises pursuant to a separate agreement therefor. All equipment must be removed
upon termination of the extension unless the City becomes the property owner.
2. Miscellaneous. This First Amendment may be executed in any number of counterparts all of which
when taken together shall constitute one and the same document. Except as expressly modified by
this First Amendment, all other terms and provisions of the Lease are and remain in full force and
effect. This First Amendment shall be governed by and construed in accordance with the laws of the
State of California.
ACCEPTED AND AGREED on the date indicated below:
Dated:
Santa Ana Unified School District
By: _.
Stefanie P. Phillips, Ed.D,
Superintendent of Schools
Approved as to Form
Date:
By:
SAUSD Attorney
Dated:
City of Santa Ana
By:
David Cavazos
City Manager
Approved as to Form
Date:
By: <-
A. S -, City Attorney
RECOMMENDED FOR APPROVAL:
Fred Mousavipour
Executive Director
Public Works Agency
First Amendment to Lease -SAUSD & City- Davis ES Water Tower Page 2
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