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EXHIBIT "B"
LEASE
THIS LEASE, made and entered into this 8th day of
October, 1974, by and between
CITY OF ANAHEIM, a municipal corporation,
hereinafter referred to as "LESSEE",
MAGNOLIA ELEMENTARY SCHOOL DISTRICT, a political
subdivision of the State of California,
hereinafter referred to as "LESSOR".
WITNESSET H:
WHEREAS, the LESSOR is the owner of certain real property as hereinafter described, consisting of approximately 4.36 acres lying adjacent to Schweitzer School, for which no use in the immediate future for classroom buildings is contemplated; and WHEREAS, LESSEE desires the use of said property for
a public park and playground; and
WHEREAS, the parties agree that said property is an
adequate and suitable location for a public park and playground and that such use would be to the advantage and best interests of the parties and of the general public.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
COVENANTS AND PROMISES OF THE PARTIES HERETO, IT IS HEREBY AGRErD BY AND BETWEEN THEM. AS FOLLOWS, TO WIT:
1. LESSOR does hereby devise, lease and let to LESSEE, and LESSEE hires from LESSOR, for the purpose of developing and main- taining a public park and playground, those certain premises con- taining approximately 4.36 acres, situated in the City of Anaheim, County of Orange. State of California, and more particularly 1 2
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iillustrated as follows, to wit; see attached area man marked 28 1 "Exhibit A". 29
2. The term of this lease shall be twenty-five (25) years, 30 commencing on October 1, 1974, with the privilege and option in 31 LESSEE to renew and extend the term for an additional twenty-five 32 -1-
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years as hereinafter provided.
3. As consideration for the execution of this lease,
LESSEE agrees as follows:
(a) To construct, develop, maintain and supervise over
the term hereof, a public park and playground on the subject property.
(b) TO install, within one (1) year from the date
hereof, an anpronriate sprinklina system, lawns, trees and basic shrubs.
(c) To prepare and submit to the LESSOR general plans
for proposed improvements prior to the construction or installa- tion thereof to be 'jointly approved by the LESSOR and LESSEE. (d) All improvements other than lawns, trees and basic
shrubs shall be made or installed as indicated on the 9eneral plans approved by the parties hereto with reasonable diligence. (e) To allow LESSOR the full use of said park and
playground facilities for general playground and educational purposes during school hours.
4. It is further understood and agreed that LESSEE shall have, and is hereby given and granted, an option to renew this lease for an additional twenty-five (25) years in consideration for continuing to maintain during said time, said park as a public park and playground and allowing the use thereof by LESSOR as above set forth.
5. Notwithstanding any other terms or provisions herein, the LESSOR hereby reserves the richt to terminate this lease when- ever it becomes necessary to use the land hereinabove described for more necessary school purposes. ./n the event LESSOR shall exercise this option, the LESSEE shall be reimbursed for the cost of the capital improvements made and installed upon said property. less straight-line depreciation based on a twenty-five (25) year 32 period of depreciation.
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CITY OF ANAHEIM, a municipal corporation,
By
Attest (Z.e -ex;Ai..-L. ft).
City C erR
"LESSEE"
MAGNOLIA ELEMENTARY SCHOOL DISTRICT,
a nolitical subdivision of the State of California,
By
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31 IN WITNESS WHEREOF, the parties hereto have caused
this lease to be executed by their respective officers thereunto duly authorized the day and year first hereinabove written. eto teBoar of Trustees
By
921(q.12 -11:Motrd of Trustees
"LESSOR"
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EXHIBIT "C"
1 ORIGINAL
AMENDMENT TO LzAsE AcREEmEN1
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28 THIS FIRST AMENDMENT TO LEASE AGREEMENT, dated for
purposes of identification only this 7th day of May
1996, is made and entered into by and between the
CITY OF ANAHEIM, a municipal corporation,
hereinafter referred to as "LESSEE,"
A
MAGNOLIA ELEMENTARY SCHOOL DISTRICT, a
political subdivision of the State of
California, hereinafter referred to as "LESSOR."
WITNESSET H:
WHEREAS, the parties have previously entered into a
16 written lease agreement dated October 8, 1974 for LESSEE'S use, for public park and playground purposes, of certain property of LESSOR appurtenant to Schweitzer School
(hereinafter, the "Lease"); and
WHEREAS, the parties desire to amend the Lease to
extend its term and to provide for a fence and gates within the leased premises;
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE
MUTUAL PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Section 2 of the Agreement is hereby amended to read as follows:
"2. The initial term of this lease shall
commence on October 1, 1974 and shall continue in
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28 effect through and including September 30, 1999.
LESSEE shall have the privilege and option to renew
and extend the term for an additional twenty-five
(25) years as hereinafter provided."
2. A new Section 6 is added to the Lease, to read as
follows:
"6. A. LESSOR shall pay for and provide a
six-foot-high, chain-link fence With three gates
across a portion of the leased premises. The
location of the fence shall be as mutually agreed
between LESSOR and LESSEE. LESSOR shall maintain
the fence in good order and repair and shall fully
indemnify LESSEE and hold LESSEE harmless from any
and all expenses, claims, suits, damages and
liability that may arise out of or be in any way
connected with the presence of the fence (including
gates) or its condition, during the initial term or
any renewal term of this lease.
B. At least two of the three gates shall
remain open at all times except during school hours,
when all three gates may be closed, in the
discretion of LESSOR; provided, however, that LESSEE
may close all or any portion of the leased premises
to the public when such closure is required for park
maintenance or similar public purposes.
C. LESSEE shall continue to maintain the
irrigation system on both sides of the fence as
hereinabove provided. LESSOR shall provide all
2 necessary turf services on the portion of the
premises between the school buildings and the fence
including, without limitation, mowing and
fertilizing, but excluding water."
3. Except as expressly amended hereby, all the
remaining provisions of the Lease shall remain in full force and effect.
4. The parties and their respective signators represent that the signators hold the positions set forth below their signatures and that the signators are authorized to execute this First Amendment to Lease Agreement on behalf of their respective principals and to bind their respective principals hereto.
5. The effective date of this First Amendment to Lease
Agreement shall be the latest date of execution hereinafter set forth opposite the names of the signators hereto. In the event LESSOR fails to set forth a date of execution opposite the name(s) of LESSOR's signator(s), LESSOR hereby authorizes LESSEE, by and through its representative, to insert the date of execution by LESSOR's signator(s) as the date said First Amendment to Lease Agreement, as executed by LESSOR, is received by LESSEE.
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ATTES,Tx3
Printed Name
Title
Te“--eA\r\e
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3 IN WITNESS WHEREOF, the parties hereto have caused
this First Amendment to Lease Agreement to be executed on the dates hereinafter respectively set forth.
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DATE OF EXECUTIO?:
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CITY OF ANAHEIM,
a municipal corporation
City Clerk
"LESSEE"
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16 MAGNOLIA ELEMENTARY SCHOOL
DISTRICT
DATE OF EXECUTION:
17 "LESSOR"
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22 APPROVED AS TO FORM:
JACK L. WHITE, CITY ATTORNEY
ELEANOR M. PGAN /
SR. ASST. CITY ATTO NEY
Date 4-/-/C1
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4 16005.1WEGAN\February 16, 1996