HomeMy WebLinkAboutSANTA ANA UNIFIED SCHOOL DISTRICT (SAUSD) (3) -2016A-2016-270
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
September 14, 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 10 Street, in the City of Santa Ana, to be used for well purposes and for the placement of a
water 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, 2017, 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.
First Amendment to Lease —SAUSD & City— Davis ES Water Tower Page 1
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.
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: C / / / 2016
Santa Ana Unified School D' is
By:
Orin L. Williams, Assistant Superintendent
Facilities & Governmental Relations
Approved as to Form
Date:
By:
SAUSD Attorney
Dated: I— Z 7 — 2016
City of San Aa /--04of
l/ c
By: a /Y.
David Cavazos
City Manager
Approved as to Form
Date:
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City Attorney
R COM(�EFIDEDFjAP ROV L:
red Mousavipour
Executive Director
Public Works Agency
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MARIA ®. HUIzaR
CLERK OF THE COUNCIL
First Amendment to Lease — SAUSD & City— Davis ES Water Tower Page 2