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HomeMy WebLinkAbout67-80 - Golf Course - Amending State Leaset�7 RESOLUTION N0. 67-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RELATING TO AN AMENDMENT OF THE LEASE BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF COSTA MESA ON FAIRVIEW STATE HOSPITAL PROPERTY. THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS; WHEREAS, the Costa Mesa Golf and Country Club, Inc. has constructed and substantially completed a 36 -hole golf course and clubhouse facility upon property leased from the State of California; and WHEREAS, said lease dated November 24, 1965 provides at Section 10 (page 5) among other things, for the removal of said clubhouse facility from said premises and the restoration of said premises to its original condition at the end of the term or terms of said lease; and WHEREAS, the City Council finds and determines that it is physically impossible to remove said clubhouse as heretofore set forth and that a sub- stantial sum in excess of salvage value of said premises would need be ex- pended by the City for demolition and removal of the aforesaid facility at the conclusion of the term or terms of said lease; and WHEREAS, said clubhouse is now subject to the terms of an operator's agreement with the City and one Novel James, said clubhouse facility to have and be equipped with a bar and/or cocktail lounge necessitating a license from the Alcoholic Beverage Control Board; and WHEREAS, application has been made under Section 23824 of the Business and Professions Code of the State of California which said section allows the issuance of a license on property owned by the State of California under certain circumstances; and WHEREAS, ownership is deemed to mean the ownership of both real property and improvements, including clubhouse facilities, according to certain opinions of the State Attorney General relied upon and deemed binding upon the said Alcoholic Beverage Control Board by its Director and staff; and WHEREAS, sufficient proprietary and ownership interest in said club- house facility may be created in the State of California to satisfy said requirement of the Alcoholic Beverage Control Board by an amendment to said lease between the City and State as aforesaid; and WHEREAS, said proprietary or ownership interest will not become posses- sory, if the terms of said lease are complied with, until the conclusion of the term or terms of said lease at which time it is assumed and anticipated that all bonded obligation partially secured by said clubhouse facility will be retired; and WHEREAS, it is found and determined by the City Council that the success of the operation of said clubhouse facility, 36 -hole golf course, bond retirement payments and state lease obligations will be seriously and critically impaired if a license to serve alcoholic beverages is not issued by the Alcoholic Beverage Control Board; NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Costa Mesa does hereby approve an addendum amendment to the original lease dated November 24, 1965, a copy of said addend= amendment being attached hereto marked Exhibit "A" and by this specific reference made a part of this resolu- tion. APPROVED AND ADOPTED this 12th day of Jnne, 1967. 43-- V. -Th ty of Costa e� ATTESSTTT: ity Cleft of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA ) 1, C. K. PRIEST, City Clerk of the City of Costa Mesa and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. 67-80 was duly and regularly passed and adopted by the City Council of the City of Costa Mesa at a special meeting thereof held on the 12th day of June, 1967. IN WITNESS WHEREOF I have hereunto set my hand and affixed the Seal of the City of Costa Mesa, this 12th day of June, 1967. City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa EXHIBIT A FIRST AMENDED LEASE THIS FIRST AMENDED LEASE entered into this 12th day of June, 1967, byi and between the State of California, acting by and through its duly appointed, qualified, and acting Director of General Services, with the consent and approval of the Director of the Department of Mental Hygiene, hereinafter called "STATE", and the City of Costa Mesa, a municipal corporation, hereinafter called "CITY": W I T N E S S E T H: It is mutually agreed between the parties hereto that Section 10. of the Lease Agreement dated November 24, 1965 is amended effective June 12, 1967 as follows: "Section 10. Upon termination of this lease, at the request of the State, City agrees to remove from the property any or all improvements placed upon the property by the City. The City shall remove all such improvements within thirty (30) days after expiration of the term of this lease. City further agrees to restore the area on which any such improvements are located to the same condition as that existing at the time of entry upon the same under this lease, except that in no event may the State require the removal of trees, shrubs, law or plants. All improvements not requested to be removed by the State as aforesaid shall become the property of the State." Except as hereunder provided, said lease agreement of November 24, 1965 shall remain in Hill force and effect. IN WITNESS WHEREOF the parties hereto have hereunto set their hands the day and year first above written. STATE OF CALIFORNIA Department of General Services By Director Department of Mental Hygiene By Deputy Director STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) CITY OF COSTA MESA, a Municipal Corporation Mayor of the Ci o 17 Costa Mesa Attest: By'l City Clerk of the City of Costa Mesa On this 12th day of June, 1967, before me, ROY E. JUNE, a notary public In and for the State of California, duly commissioned and sworn, personally appeared WILLARD T. JORDAN, known to me to be the Mayor, and C. K. PRIEST, known to me to be the City Clerk, respectively, of the CITY OF COSTA MESA, the municipal corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of said municipal corporation therein named, and acknowledged to me that such munici- pal corporation executed the within instrument pursuant to a resolution of the City Council of the City of Costa Mesa. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal in the County of Orange on the day and year in this certificate first above written. Notary Public in and for the State of California My commission expires: (Notarial Seal) i i i