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HomeMy WebLinkAboutOB 1 BOY'S CLUB 12-06-82OATE: TO: FROM: SUBJECT: 11/30/82 OLD BUSINESS 12-6-82 NO. 1 Inter-Corn HONORABLE MAYOR AND CITY COUNCIL 3AMES G. ROURKE, CITY ATTORNEY BOYS' CLUB OF TUSTIN/COMMUNICOM Pursuant to the previous direction of the City Council, we have prepared a Third Amendment to the Lease between the City and the Boys' Club of Tustin, which has now been signed on behalf of the Boys' Club and is ready for execution by the City. We recommend that the Council authorize the Mayor and City Clerk to execute this Third Amendment to Lease on behalf of the City. It is also recommended that the Council authorize the Mayor and City Clerk to execute the attached Consent To Sublease on behalf of the City. 3GR:se:D:I 1/30/82 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: ROURKE & WOODRUFF (JGR) 1055 N. Main St., %1020 Santa Ana, CA 92701 THIRD AMENDMENT TO LEASE IS AMENDMEN~ TO LEASE is made and entered into on this day of ~/~ 1982, by and between the CITY OF TUSTIN, a municipal corporation and THE BOYS' CLUB OF TUSTIN, a California non-profit charitable corporation. w I T N E S S E T H: A. On Or about December 22, 1967, the parties entered into that certain lease of property described hereinafter. B. The parties caused the said Lease to be amended by Amendments to Lease dated September 30, 1980 and ~ /7 ' 1981. C. The description of the demised premises is as set forth in the legal description attached hereto, marked Exhibit "A" and incorporated herein by this reference as though set forth in full thereat. D. The parties desire to further amend the said Lease. NOW, THEREFORE, the parties hereto agree that the Lease dated December 22, 1967 by and between the City of Tustin, a municipal corporation and The Boys' Club of Tustin, a California non-profit charitable corporation, as previously ~mended, is hereby further amended as follows: 1. Section 18, Consent to a Sublease, is hereby added to Article XIII, to read as follows: "Section 18. Consent to a Sublease. Lessor hereby consents to a sublease between Lessee and Six Star Cablevision of Tustin, Inc., a California corporation, dated October 15, 1982, together with the Addendum to Sublease also dated October 15, 1982, in the form attached hereto marked Exhibit "B" and incorporated hereby by this reference as though set forth in full hereat. Lessee hereby agrees to be responsible for repair of any and all damage to the buildings and other improvements on the premises occurring or arising by reason of the actions or omissions of sublessee, and lessee further agrees to indemnify, defend, save and hold Lessor harmless from any and all liability from any claim or loss arising out of the installation, use, and/or maintenance of the premises by sublessee." IN WITNESS WHEREOF the parties hereto have executed this Third Amendment to Lease the day and year first above written. CITY OF TUSTIN, a municipal corporation City Attorney BY: ATTEST: STATE OF CALIFORNIA COUNTY OF ORANGE SS THE BOYS' CLUB OF TUSTIN, a California non-profi~ charit- a Notar~ Public in and for said State, personally appeared ' , own to to be the and P/i ~/~/'~/ /- /Jn/.~ fT~/~' , known to me to be the S~ y of THE BOYS' CLUB OF TUSTIN, a non-profit charitable California corporation, the corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pur- suant to its by-laws or a resolution of its Board of Directors. WITNESS my hand and official seal. MELISSA L GIGLITTO '~ OR/~GE COUITI'Y '~ STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) Notary Public in and ~or sai County and State On , 1982, before me, the undersigned, a Notary Public in and for said State, personally appeared RICHARD EDGAR, known to me to be the Mayor, and MARY WYNN, known to me to be the City Clerk of the CITY OF' TUSTIN, the City that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the CITY OF TUSTIN therein named, and acknowledged to me that such City executed .the within instrument pursuant to a resolution or minute order of the City Council of the CITY OF TUSTIN. WITNESS my hand and official seal. Notary Public in and for said County and State -2- CONSENT TO SUBLEASE RECITALS 1. The City of Tustin, a municipal corporation ("Lessor"), and The Boys' Club of Tustin, a California non- profit charitable corporation ("Lessee"), are parties to a lease of certain real property lo~ated at 580 West Sixth Street, Tustin, California (~.he "Premises") dated December 22, 1967, and amended September 30, 1980, and~.~7 , 1981 (the #Lease"). 2. Lessee has signed a sublease (the "Sublease") with Six Star Cablevision of Tustin, Xnc., a California corporation (the "Sublessee"), which would allow ~he Sublessee to use a utility room and a portion of the roof of the building located on the Premises for the reception and transmission of cable television signal. A copy of the Sublease is attached hereto as Exhibit "A" and incorporated herein. 3. The Lease requires in Article IX, Section 2, that Lessor consent in writing to any sublease of the Premises by Lessee. 4. Article III restricts Lessee's use of the Premises to "maintaining a non-profit, education and recreational facility of a varied type, generally used for similar Boys' Clubs chartered throughout the United States by the Boys' Club of America, and other purposes incidental and related thereto." 5. Article VII, Section I of the Lease provides that the building, structures or improvements constructed or placed on the premises shall not be altered, remodeled, removed or destroyed by either party to the Lease without the written consent of the other party. 6. Article VII, Section 4 of the Lease provides that improvements made by Lessee to the Premises shall immediately become the property of Landlord. AGREEMENT 1. Pursuant .to Article IX, Section 2 of the Lease, Lessor hereby consents to the Sublease on the terms set forth in the Sublease attached hereto. 2. Notwithstanding Article II of the Lease, Lessor hereby consents to the use of the Premises by Sublessee set forth in Section 4 of the Sublease. 3. Lessor hereby consents to Sublesse~!s.making of the alterations and improvements set forth in Section 7 of the Sublease; Lessor further consents to Section 17 of the Sublease which allows the Sublessee to remove its improvements at the expiration_of the term of the Sublease, or upon any earlier termination of such term. MVE4G 101482 Page 1 of 2 December, This consent was entered into this 1982. day of THE CITY OF TUSTIN, a municipal corporation By ATTEST: City Clerk (Seal) APPROVED Ci~ Attorney MVE4G 101382 Page 2 of 2