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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