RES-2013-137RESOLUTION NO. 2 013 -13 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING THE FIRST AMENDMENT TO
AMENDED AND RESTATED LEASE AGREEMENT BY AND
BETWEEN THE CITY OF ANAHEIM AND ANGELS
BASEBALL LP, AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID AGREEMENT AND DETERMINING SAID
ACTION IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA
GUIDELINES SECTIONS 15060, 15061 AND 15301.
WHEREAS, the City (as landlord) and The California Angels L.P. (as tenant)
previously entered that certain Amended and Restated Lease dated May 15, 1996 ( "Existing
Lease ") relating to the Baseball Stadium and Stadium Site (as those terms are defined in the
Existing Lease); by assignment the rights as tenant are now held by Angels Baseball LP (the
"Angels "); and
WHEREAS, the Existing Lease provides the Angels the sole right and option to
terminate the Existing Lease, for any reason and without cause, no earlier than October 15, 2416
and no later than February 15, 2017 upon providing the City at least twelve months' notice; and
WHEREAS, in order to delay a possible termination of the Angels' occupancy of
the Baseball Stadium under the Existing Lease, to encourage the Angels to perform substantial
repair, maintenance and capital improvements to the Baseball Stadium in the near future that
otherwise may be delayed if the termination right was invoked and to provide the City and
Angels adequate time to negotiate a potential extension of and amendment to the Existing Lease
that will keep the Angels in Anaheim for many years to come, the City proposed to the Angels
that the Angels' right to terminate the Existing Lease be modified as set forth herein; and
WHEREAS, the City and the Angels desire to enter into a First Amendment to
Amended and Restated Lease Agreement, which is attached to this Resolution as Exhibit A (the
"First Amendment "). The purpose of the First Amendment is to modify the termination right
described above to provide that such right may be exercised by the Angels between October 17,
2016 and October 16, 2019 upon at least twelve months' notice.
NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above recitals and
findings, the City Council of the City of Anaheim does hereby approve the First Amendment in
the form presented to the City Council at the meeting at which this Resolution was adopted and
which is attached hereto, and authorizes the City Manager to execute, and the City Clerk to
attest, said First Amendments on behalf of the City.
BE IT FURTHER RESOLVDED THAT the City Council hereby determines and
finds, in accordance with California Environmental Quality Act (CEQA) and the State CEQA
Guidelines, that the adoption of this Resolution by the City Council is exempt from CEQA
pursuant to State CEQA Guidelines sections 15060(c)(2), 15061(b)(3) and 150301 because
(i) the activity approved by this Resolution will not result in a direct or reasonably foreseeable
indirect physical change in the environment; (ii) it can be seen with certainty that there is no
possibility that the activity approved by this Resolution may have a significant effect on the
environment; and (iii) this Resolution does not expand existing uses. City staff is hereby
directed to file with the County Clerk a Notice of Exemption following adoption of this
Resolution.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 3rd day of September, 2013 by the following roll call vote:
NOES: Tait
ABSENT: Na
ABSTAIN: Na
CITY OF ANAHEIM
MA OR OF THE CI Y OF ANAHEIM
ATTEST:
R! S I
CITY CLERK OF THE CITY OF ANAHEIM
CAO- 97221.2
-2-
Exhibit A
First Amendment to Amended and Restated Lease Agreement
(Contained on following pages)
C ;
AG•�� -'N ti T, 3. t
FIRST AMENDMENT TO AMENDED AND RESTATED LEASE AGREEMENT
This FIRST AMENDMENT TO AMENDED AND RESTATED LEASE AGREEMENT (this
"First Amendment") is made and entered into for reference purposes as of the 4th day of
September, 2013 by and between the CITY OF ANAHEIM, a charter city and a municipal
corporation ( "Landlord "), and ANGELS BASEBALL LP, a California limited partnership
( "Tenant').
RECITALS
A. Landlord and The California Angels L.P., a California limited partnership, as
tenant previously entered into that certain Amended and Restated Lease dated May 15 1996
(the "Original Lease "); by assignment, the rights as tenant under the Original Lease are now
held by Tenant. All references in the Original Lease or any other agreement to the "Lease" shall
mean the Original Lease, as previously so assigned, and as modified, amended, supplemented
and confirmed by this First Amendment.
B. Landlord and Tenant desire to amend certain terms of the Original Lease.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, Landlord and Tenant hereby amend the Original Lease as follows:
Termination Right The parties agree that the first sentence of Section 5 of the
Original Lease (entitled "Termination ") is deleted and replaced with the
following: "Tenant shall have the option to terminate this Lease at any time,
without cause, to be effective no earlier than October 17, 2016, but no later than
October 16, 2019."
2. Miscellaneous Except as otherwise expressly amended, modified and provided
for in this First Amendment, Tenant and Landlord hereby ratify all of the
provisions, covenants and conditions of the Original Lease, and such provisions,
covenants and conditions shall be deemed to be incorporated herein and made a
part hereof and shall continue in full force and effect. This First Amendment may
be executed simultaneously in two or more counterparts, by facsimile or .pdf
copy, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
2014340.1
17815 -916
This First Amendment is effective as of the last date executed below.
TENANT:
ANGELS BASEBALL LP,
a California limited partnership:
By:
Name: A i2 �l t -.i�F k' Jy7[: Date
Its: (` , ,I ;_ h ! /� /( L I H 7-
LANDLORD:
CITY OF ANAHEIM,
a charter city and a municipal corporation
rM 1� r� a �h q
Name: !`\+cam Date
Title: C. f-'1�•�-'�+.Ga=
ATTEST:
P. ,&— 6"�
Linda Andal,
City Clerk
APPROVED AS TO FORM:
MICHAEL R.W. HOUSTON, CITY ATTORNEY
By
Mi ael . . Houston,
Ci orney
Date: L
2014340.1
17815 -916 2