HomeMy WebLinkAboutCity Council - 6447 RESOLUTION NO. 6447
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH APPROVING THE FIRST AMENDMENT
TO THIRD AMENDED AND RESTATED LEASE BETWEEN THE
REDEVELOPMENT AGENCY AND ROBERT L. MAYER
WHEREAS, the Redevelopment Agency of the City of Huntington
Beach "Lessor") and R. L. Mayer as trustee of the Robert L.
Mayer Trust of 1982 dated June 22, 1982 ( "Lessee") are parties
to that certain Third Amended and Restated Lease dated as of
April 28, 1989 (the "Lease") , relating to the real property
located within the City of Huntington Beach, California, more
particularly described in Attachment 1 to Exhibit "A" thereto
(the "Premises") ; and
Articles XVI and XVII of the Lease require Lessee to obtain
Lessor ' s consent prior to Lessee' s transfer to a "Lender" of a
"Leasehold Mortgage" of Lessee' s interest in the Premises (as
those terms are defined in the Lease) . In this regard, Lessee
is required to furnish to Lessor certain information regarding
the identity and qualifications of the prospective Lender; and
Lessee has been negotiating with Four Seasons Mortgage
Services ("Four Seasons") , as agent for a Lender to be
designated at a later date, to transfer to such prospective
Lender a Leasehold Mortgage of Lessee' s interest in the
Premises . Since the identity of the prospective Lender is
unknown at this time, however, Lessee is unable to provide to
Lessor the information regarding such prospective Lender
required under the Lease to obtain Lessor ' s consent.
- 1 -
Accordingly, Lessee has requested that Lessor agree to amend the
provisions of the Lease and waive its right of approval with
respect to the identity and qualifications of the prospective
Lender, as provided herein; and
Lessor is willing to enter into this First Amendment and
waive its right to approve the identity and qualifications of
the prospective Lender to be designated by Four Seasons , subject
to the terms and conditions set forth therein.
NOW, THEREFORE, the City Council of the City of Huntington
Beach hereby resolves to approve the First Amendment to Third
Amended and Restated Lease.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 16th
day of November 1992 .
Mayor
ATT APPROVED .AS TO FORM:
City Clerk i,-�.7City At
�
.---REVI R INITIATED AND APPROVED:
y Adm is rator Deputy City Administrator
Director, Economic
Development
- 2 -
6447
92-818329 � -
-
Record at the re uesi 01
FIRST AMER+(,c r�ri roc
Recording Requested By and )
When Recorded Mail To: } ��0 aa) :.
die 1
Connie Brockway, City Clerk } - 1
Y Official �scc ;;+,�
Office of the City Clerk } range Count. ' r _
City of Huntington Beach ) �� � `�,,r�,-r.�� .,;:;;,,-;;�, '•,-. . ; -_, .
2000 Main Street } ��
Huntington Beach, CA 92648
FIRST AMENDMENT TO MEMORANDUM OF LEASE
This FIRST AMENDMENT TO MEMORANDUM OF LEASE is made as of
November 16 , 199_92, by and between the REDEVELOPMENT AGENCY
OF THE CITY OF HUNTINGTON BEACH, a public agency ( "Lessor" ) , and
1 � ROBERT L. MAYER, as Trustee of the Robert L. Mayer Trust of 1982 ,
dated June 22 , 1982 , as amended ("Lessee" )-44 ,
R E C I T A L S
E
A. Lessor and Lessee are parties to that certain Third
Amended and Restated Lease dated as of April 28 , 1989 (the
"Lease" ) , relating to the real property located within the City of
Huntington Beach, California, more particularly described in
Exhibit "A" hereto (the "Premises" ) .
B. The Lease is memorialized in that certain Memorandum of
Lease recorded as Instrument No. 89-225 in the Official Records of
the Orange County Recorder' s Office on May 18 1989 (the
"Memorandum of Lease") .
C. On or about November 16 , 1992, Lessor and Lessee entered
into that certain First Amendment to Third Amended and Restated
Lease relating to the Premises (the "First Amendment" ) ,
D. Pursuant to Section 26 .23 of the Lease, as amended by the
First Amendment, Lessor, as owner of the Premises, and Lessee, as
tenant, desire to execute and record this First Amendment to
Memorandum of Lease.
This document is sole-.y fo.•
offiriial bL.5_nets 6 . ti-.e City
Of riU71',i*n�LtC i rG >C- v a C:--;tC;:1-
plated lun--:3r CcGe
See. 6103 and should be rac.r�s
free of eharr4.
Page 1 of 5 ci-4 V C;,
DLYPutY City Cleric
M E M O R A N D U M
This First Amendment to Memorandum of Lease is intended to
provide notice of the existence of the First Amendment and shall
not be deemed to modify or amend any of the provisions of the Lease
or the First Amendment . The Lease, as amended by the First
Amendment, is a public record and a true and correct copy of the
same is available for public review and inspection in the office of
the City Clerk of the City of Huntington Beach, whose address is
2000 Main Street, Huntington Beach, California, 92648 .
IN WITNESS WHEREOF, the undersigned have entered into this
instrument to be duly executed as of the date first above written.
"LESSOR" "LESSEE"
THE REDEVELOPMENT AGENCY OF THE THE ROBERT MAYER TRUST OF 1982 ,
CITY OF HUNTINGTON BEACH
B �. By•y:
airman Robert L. May __
Trustee
ATTLS s• _ao.
y r
�j e ncy -mot .�: C i e r k //'2S
APPROVED AS TO FORM:
}
. l
Agenc Co,unsel
�y1� -
Special Counsel
Page 2 of 5
STATE OF CALIFORNIA }
} ss .
COUNTY OF ORANGE )
On this/ day of �r� yr , � , 19 9-Q , before me ,
the undersi ned, a Notary Public in and for said State, personally
appeared known to me Eon -p-roved to me
(5n the— to be the person who
executed this instrument as the Chairman of THE REDEVELOPMENT
AGENCY OF THE CITY OF HUNTINGTON BEACH, the public entity therein
named, and acknowledged to me that such entity executed the within
instrument.
WITNESS my hand and official seal .
Sig"5hture of Notary Public
(SEAL)
� — OFFICIAL SEAL
MAYBRICE L ETCHESON
•�^ I1O"`AKY F't'--LAC - C_-�UFOFZVA 1
Yy
.. ORANGE GOUNiY
STATE OF CALIFORNIA ) My Comm. expires MAY 11, 1993
) ss .
COUNTY OF ORANGE )
�'-' 1� , 19 before me,
On this day of II(: _
the undersigned, a Notary Public in and for said State, personally
appeared Fin /-. , known to me (or proved to me
on the basis of satisfactory evidence) to be the person who
executed this instrument as the Trustee of THE ROBERT L. MAYER
TRUST OF 1982, dated June 22 , 1982 , as amended, the entity therein
named, and acknowledged to me that he executed the within
instrument.
WITNESS my hand and official seal .
�,-
,: 'ANAary w.1IcANHALL '� + �!f (,I�-
ORANGE C1L1N7+ Signature of N ary Public
:F7 :vl '-`'nn,• :+k�sUp Iti?•A:✓an c�ea��.Gr+:-�:x:+�
(SEAL)
Page 3 of 5
Acknowledgement
State of California,
County of Orange.
On IU2, , before me, a notary public of the
State of California, personally appeared ;`' m��, 8�� �-� A�
personally known to me
P,.:�deneer to be the persons} whose name) isf subscribed to the
within instrument and acknowledged to me that 4�&/shel +rey
executed the same in lis4herl4heir authorized capacity }, and that
by hi-,/her4h-&k signature(-&-} on the instrument the person{-4, or the
entity upon behalf of which the person(-,) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature `
OFFICIAL SEAL 3,
C.C.P. §1189. 1 t rAAYBRICE L ETCHESON a�
' ORANGE CJL}NTY r
�'" My comm. expires MAY 11, 1993 jj
ATTACHMENT NO. 1
TW PUMCN OF SWnON 14, TO N%EP 6 9MM, RANGE 11 WEST, IN THE RA KM LAS
BWS, IN "SHE CITY OF TNGLCN EEACH, i7O[RM OF ORANGE, STATE OF allMUNIA,
AS PER MAP RX0X<0M IN BOOK 51, PAGE 14 OF MLSCEEZANBOX MAPS IN THE OFFICE OF
THE COLWN FOXPDER OF SAID C("M, DESCR= AS FOLtCM:
EEGINNIN, AT THE SOUTHEAST CM ER OF 71HE ROWHEAST QLZRIM OF THE NQF0fEAST
QXJuTR OF SAID SEC'I'ICN; THENCE WESrTYM 111.91 FEET AL= THE Nam[ LZE OF
THE SO[TIIi HALF OF M NCEMEWT R OF SAID SECrICN TO A POINT CN THE
WESTERLY I ME OF THE LAND DESCRIBM IN THE DEFT? TO THE STATE OF CAIJIMUA IN
BOOK 6168, PAGE 667 OF OFFICIAL RWWW, SAID FOINT BEING M TW POINT OF
BMINNING; THDKE SCUM 3' 291 43" KM 593.12 FEET; THENCE SOUIH 25' 321 1411
WEST 386.94' FEET; 'TiiQ M SOUTH 11' 441 3611 FAST 771.48 FEAT; THENCE SOUIH 78'
3.51 2411 WEST 82.75 FEET TO THE WFUREASTERLY RIGHT OF WAY L OF PACIFIC MAST
HICNY, AS U GRIM) IN BOOK 4551 PACE; 4DO OF OFFICIAL RDXPM OF SAM CRk),KZ
COUNTY; THENCE AIOY G SAID RIGHT OF WAY LME, NCRIi 52' 051 0911
WEST 2409.77 FEEL' TO THE RIGHT OF WAY LINE OF AVENUE,
60.00 FEET IN WIDTH AS NOW LAID CUT; THENCE ALOW SAID SCLYMEASrERLY RIGHT OF
VAY L.II+IE, NORM 37' 541 5111 FAST 299.35 FEET To AN ANGLE POINT,' 'THENCE NCM 0'
171 3611 FAST 20.44 FEET AIAN(' THE £AST RIGHT OF WAY LIKE OF HWIMMUN AVENUE,
60.00 FEET IN WIDTH AS NOW LAID OUT, TO THE NORM L,LNE OF THE SCUM HAIF OF THE
?cFuHEJbST WOUIR OF SAID SEMCN; T4ID E EASMZLY 1844.00 FEET AlkM SAID
Ili LIB TO THE TRU POINT OF BEGINNING.
EXCEPT THAT POMON THEREOF DESCRD3ED AS FOLLCWS: BEGI OnM AT A POINT CH THE
NOME LIRE OF SAID LAND, WR Hi 89' 431 FAST 690.00 FEET FR H THE CEhMM MM OF
SAID HUNI NOT(V AVENM; 7HE KE NaMi 89' 431 EAST 200.00 FEET,' THENCE. SOUIH 0'
171 FAST 150.00 FEET; 'THENCE SOUIH 89' 431 WEST 200.00 FEET; TH EWE hXXZM0'
171 WEST 150.00 FEET TO THE FOINT OF B03IN TING.
ALSO EXCEPT THAT PCRTICN INCLUM) WTIIfIN TRACT NO. 13045 AS PER MAP FIID IN
BOOK , PADS AND OF SAM MAPS.
ATTACHMENT NO. 1
Page 4 of 5
IG-232
134.1204
3/1,/89
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W LY L 1 NE S 1/2 NE 1/4 SEC 14to
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a T 5 S. R I N. M.M. 51/4
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ATTACHMENT N.O. 1
SCALE e 1' 3Q0' Page 5 at 5 _ -��
Res. No. 6447
STATE OF CALIFORNIA
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH )
I , CONNIE BROCKWAY, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on the 16th day
Of November , 19 92 by the following vote:
AYES: Councilmembers:
Moulton- a=son, winchell, Silva, Green, MacAllister
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Robitaille (vacant seat)
City Clerk and ex-officio er
of the City Council of the City
of Huntington Beach, California