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HomeMy WebLinkAbout2021-11-09 - AGENDA REPORTS - CREEKVIEW PARK LEASE AGMT6 Agenda Item:5 CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: DATE: November 9, 2021 LEASE AGREEMENT WITH THE MASTER'S COLLEGE AND SUBJECT: SEMINARY DEPARTMENT: Recreation and Community Services PRESENTER: Janine Prado RECOMMENDED ACTION City Council approve and authorize the City Manager or designee to execute a 15-year lease agreement in the amount of $1.00 annually lease of park space in Newhall referred to as Creekview Park, subject to City Attorney approval. BACKGROUND The City of Santa Clarita (City) has leased park space in Newhall, referred to as Creekview Park providing an additional park and recreational facility for the benefit of the residents of the City. The Park features a number of amenities for the community, including a shaded play-structure, sand volleyball court, and full basketball court. The lease stipulates that the City has exclusive use of the park, and therefore must manage, operate, maintain, and regulate the Park through the duration of the agreement. The term of the initial lease was 15 years. On June 2, 2011, the lease was amended to extend an additional five years through April 2, 2016. Since that date, the City has continued to occupy the Park under the same terms and conditions as set forth in the original lease agreement. Approval of the recommended action would ensure this Park space is available to the community for the next 15 years. ALTERNATIVE ACTION Other action as determined by the City Council. Page 1 Qbdlfu!Qh/!32 6 FISCAL IMPACT The City will pay $1.00 upon lease commencement and annually on each anniversary thereafter. ATTACHMENTS 2021 Lease Agreement_Master's College (available in the City Clerk's Reading File) Page 2 Qbdlfu!Qh/!33 Recording Requested By and When Recorded Return to: City of Santa Clarita 3920 Valencia Boulevard, Suite 300 Santa Clarita, California 91355 Attn.: City Clerk Fee Exempt Per Govt. Code 6103 and 27383 Use LEASE AGREEMENT Lease (the Effective Date LessorLessee 1. Recitals. This Lease is made with reference to the following facts and circumstances: (a) Lessor and Lessee are parties to that certain Lease Agreement Original Lease made and entered into on April 2, 1996, and recorded in Official Records of Los Angeles County, California, as Document No. 96-748316, as amended by that certain First Amendment to Agreement No. 96-First Amendment and the First Amendment aPrior Lease The Prior Lease is attached here to as Exhibit A. (b) consent, Lessee has continued to occupy the property which is the subject of the Prior Lease (as Property conditions as set forth in the Prior Lease. (c) he Property from Lessor, and Lessor and Lessee are entering into this Lease for that purpose. 2. Defined Terms. Unless otherwise defined in this Lease, capitalized terms used in this Lease have the meanings given to them in the Prior Lease. 3. Lease. Lessor leases the Property to Lessee and Lessee leases the Property from Lessor. Except as otherwise provided in this Lease, the leasing of the Property to Lessee by Lessor is on and subject to all of the same terms, covenants and conditions as set forth in the Prior Lease, which terms, covenants and conditions are reaffirmed by Lessor and Lessee as of the Commencement Date and incorporated into and made a part of this Lease by this reference. LA #4839-4597-8602 v1 1 4. Term. The term of this Lease commences on the Effective DatLease Commencement and terminates on the fifteenth anniversary of the Lease Commencement, unless sooner terminated or extended as provided in this Lease. 5. Modification of Certain Terms of Prior Lease. (a) The following sentence is added at the end of the first grammatical paragraph of Section 7.01 of the Prior Lease: extent such claims, demands, defense costs, liability, expense or damages arise out of or in (b) Section 18.01 of the Prior Lease is modified in its entirety to read as follows: All notices, requests, demands and other communications required or permitted to be given under the terms of this Lease by one party to the other must be in writing addressed to the recipient party's Notice Address set forth below and will be deemed to have been duly given or made (a) if delivered personally (including by commercial courier or delivery service) to the party's Notice Address, then as of the date delivered (or if delivery is refused, on presentation), or (b) if mailed by certified mail to the party's Notice Address, postage prepaid and return receipt requested, then at the time received at the party's Notice Address as evidenced by the return receipt, or (c) if mailed by first class mail to the party's Notice address, postage prepaid, then on the fifth (5th) day following deposit in the United States Mail. Any notice, request, demand or other communication given or made anytime on a weekend or a legal holiday will be deemed delivered on the next day which does not fall on a weekend or legal holiday. Any party may change its Notice Address by a notice given in the foregoing form and manner. The Notice Addresses of the parties are: If to Lessee: City of Santa Clarita 3920 Valencia Boulevard, Suite 300 Santa Clarita, California 91355 Attn.: City Manager Santa Clarita City Attorney c/o Burke, Williams & Sorensen, LLP 444 South Flower Street 24th Floor Los Angeles, California 90017 21726 Placerita Canyon Road Santa Clarita, California 91321 2 The Lessor and the Lessee have caused this Lease to be duly executed by their respective duly authorized officers or representatives as of the date first set forth above. LESSOR LESSEE CITY OF SANTA CLARITA AND SEMINARY By: By: Print Name & Title Print Name & Title ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 3