APIC1992-31,0t, 9-34
JHI-iW:BDQ:rhc
06/01/92
09/09/92
AN&HElM PUBLIC IMPROVEMENT CORPORATION
RESOLUTION NO. ;,_~ tc92-3
RESOLUTION AUTHORIZING EXECUTION OF A FIRST
AMENDMENT TO SITE LEASE AND A FIRST AMENDMENT TO
LEASE AGREEMENT IN CONNECTION WITH THE DESCRIPTION
OF THE SITE OF THE ANAHEIM ARENA
RESOLVED, by the Board of Directors of the Anaheim Public Improvement Corporation
(the "Corporation"), as follows:
WHEREAS, the City of Anaheim (the "City") and the Corporation have heretofore entered
into the Site Lease, dated as of December 1, 1990 (the "Site Lease"), pursuant to which the City
leased certain real property, described in Exhibit A to the Site Lease (the "Site"), to the Corporation
and the Corporation leased the Site from the City;
WHEREAS, the Corporation and the City have heretofore entered into the Lease
Agreement, dated as of December 1, 1990 (the "Lease Agreement"); pursuant to which the
Corporation leased the Site to the City and the City leased the Site from the Corporation;
WHEREAS, the City intends to acquire certain real property adjacent to the Site (the "Rindt
Site") and the Corporation and the City deem it to be necessary and desirable that the Site Lease
and the Imase Agreement be amended to provide for the Rindt Site to be added to the description of
the Site;
WHEREAS, Section 8.04 of the Lease Agreement authorizes alteration or modification of
the Site Lea:ge and the Lease Agreement, in accordance with the provisions of the Trust Agreement;
WHEREAS, Section 9.01 of the Trust Agreement provides that the Lease Agreement and
the rights and obligations of the parties thereto may be modified or amended at any time by a
supplemental agreement, without the consent of the Owners of the Certificates (as such terms are
defined in the Trust Agreement), inter alia, in regard to questions arising thereunder, as the parties
thereto may deem necessary or desirable and which shall not advermly affect the interests of the
Owners of the Certificates; and
WHEREAS, the City and the Corporation have received the opinion of special legai
counsel that amendment of the Site Lease and the Lease Agreement to provide for additional
property to be. added to the description of He Site, as describext above, will not adversely affect the
in~,erest of the Owners of the Certificates;
NOW, 'D-IlX~REFORE, it is hereby DETERMINED and ORDERED as follows:
Section 1. A first amendment to the Site Lease, in the form attached hereto as Exhibit A, be
and the same is hereby approved, and the President, the Executive Director or the Finance Officer
is hereby authorized and directed to execute said amendment, with such changes, insertions and
omissions as may be approved by such official, .and the Secretary is hereby authorized and directed
to attest to such official's signature.
Section 2. A first amendment to the Lease Agreement, in the form attached hereto as
Exhibit B, be and the same is hereby approved, and the President, the Finance Officer or the
Treasurer is hereby authorized and directed to execute said amendment, with such changes,
insertions and omissions as may be approved by such official, and the Secretary is hereby
authorized and directed to attest to such official's signature.
Section 3. The President, the Executive Director, the Treasurer, the Finance Officer, the
Secretary and all other appropriate officials of the Corporation are hereby authorized and directed to
execute such other agreements, documents and certificates as may be necessary to effect the~
purposes of this resolution.
Section 3. This Resolution shall take effect upon its adoption by the Board.
The FOREGOING RESOLUTION was approved and adopted by the Board of Directors of
the Anaheim Public Improvement Corporation this 29th day of September, 1992. by the following
vote:
Attest:
~ SECRETARY OF PUBLIC
-- IMPROVEMENT CORPORATION
By
IMPROVEMENT CORPORATION
-2-
EXHIBIT A
11009-34 YHHW:BDQ:rhc
06/01/92
09~09/92
AFTER RECORDATION PLEASE RETURN TO:
Jones Hall Hill & White,
A Professional Law Corporation
Four Embarcadero Center, 19th Floor
San Francisco, California 94111
Attention: Brian D. Quint, Esq.
THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER
TAX PURSUANT TO SECTION 11922 OF THE CALIFORNIA REVENUE AND TAXATION
CODE. THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO
SECTION 27383 OF THE CALIFORNIA GOVERNMENT CODE.
FIRST AMENDMENT TO SITE LEASE
Dated as of September 1, 1992
by and between the
CITY OF ANAHEIM, CALIFORNIA
and the
ANAHEIM PUBLIC IMPROVEMENT CORPORATION
Amending that certain Site Lease
dated as of December I, 1990
by and between the
City of Anaheim, California
and the.
Anaheim Public Improvement Corporation
FIRST AMENDMENT TO SITE I JEASE
THIS FIRST AMENDMENT TO SITE LEASE, dated as of September 1, 1992, by and
between the CITY OF ANAHEIM, CALIFORNIA, a municipal corporation and charter city
organized and existing under the laws of the State of California, as lessor (the "City"), and the
ANAHEIM PUBLIC IMPROVEMENT CORPORATION, a nonprofit, public benefit corporation
organized and existing under the laws of the State of California, as lessee (the "Corporation"),
amending that certain Site Lease, dated as of December 1, 1990, by and between the City and the
Corporation, and recorded in the Official Records of Orange County, California, on January 8,
1991, as Instrument No. 91-0088413 (the "Site Lease");
WITNESSETH:
WHEREAS, the City and the Corporation have heretofore entered into the Site Lease
pursuant to which the City leased certain real property, described in Exhibit A to the Site Lease (the
"Site"), to the Corporation and the Corporation 1~ the Site from the City; .
WHEREAS, the Corporation and the City have heretofore entered into the Lease
Agreement, dated as of December 1, 1990 (the "Lease Agreement"), pursuant to which the
Corporation leased the Site to the City and the City leased the Site from the Corporation;
WHEREAS, the City intends to acquire certain real property adjacent to the Site (the "Rindt
Site") and the Corporation and the City deem it to be necessary and desirable that the Site Lease
and the Lease Agreement be amended to provide for the Rindt Site to be added to the description of
the Site;
WHEREAS, Section 8.04 of the Lease Agreement authorizes alteration or modification of
the Site Lease and the Lease Agreement, in accordance with the provisions of the Trust Agreement;
WHEREAS, Section 9.01 of the Trust Agreement provides that the Lease Agreement and
the rights and obligations of the parties thereto may be modified or amended at any time by a
supplemental agreement, without the consent of the Owners of the Certificates (as such terms are
defined in the Trust Agreement), inter alia, in regard to questions arising thereunder, as the parties
thereto may deem necessary or desirable and which shall not adversely affect the interests of the
Owners of the Certificates; and
WHEREAS, the City and the Corporation have received the opinion of special legal
counsel that amendment of the Site Lease and the Lease Agreement to provide for additional
property to be added to the description of the Site, as described above, will not adversely affect the
interest of the Owners of the Certificates;
NOW, THEREFORE, in consideration of the above premises and of the mutual covenants
hereinafter contained and for other good and valuable consideration, the parties hereto agree as
follows:
SECTION 1. Amendment of the Site Lease. Exhibit A of the Site Lease is hereby amended
in full as set forth in Exhibit A attached hereto.
SECTION 2. Execution in Counteraarts. This First Amendment to Site Lease may be
executed in several counterparts, each of which shall be an original and all of which shall constitute
but one and the same instrument.
SECTION 3. ~. This First Amendment to Site Lease shall be governed by
and consaued in accordance with the laws of the State of California.
IN WITNESS WHEREOF, the City has caused this First Amendment to Site Lease to be
executed and attested in its name by its duly authorized officers and the Corporation has caused this
First Amendment to Site Lease to be executed in its corporate name by its duly authorized officers,
as of the date hereinabove stated.
Attest:
By:
Finance Director
City Clerk
Approved as to form:
JACK L. WHITE, C1TY ATTORNEY
City Attorney
ANAHEIM PUBLIC IMPROVEMENT
CORPORATION
Attest:
By:
Finance Officer
Secretary
STATE OF CALIFORNIA )
) SS.
ORANGE COUNTY )
On this day of , in the year 1992, before me, the undersigned notary
public, personally appeared George P. Fen'one and Leonora N. Sohl, personally known to me or
proved to me on the basis of satisfactory evidence to be the persons who executed this instrument
as Finance Director and City Clerk, respectively, of the City of Anaheim and acknowledged to me
that the City of Anaheim executed it.
(Notarial Seal)
(signature)
Typed Name:
Notary Public for the State of California
My Commission Expires:
STATE OF CALIFORNIA )
) S$o
ORANGE COUNTY )
On this day of , in the year 1992, before me, the undersigned notary
public, personally appeared George P. Ferrone and Leonora N. Sohl, personally known to me or
proved to me on the basis of satisfactory evidence to be the persons who executed this instrument
as the Finance Officer and Secretary, respectively, of the Anaheim Public Improvement
Corporation and acknowledged to me that the Anaheim Public Improvement Corporation executed
the same pursuant to its bylaws or a resolution of its board of directors.
(Notarial Seal)
(signature)
Typed Name:
Notary Public for the State of California
My Commission Expires:
EXHIBIT A
"EXHIBIT A
DESCRIPTION OF SITE
Part I
Parcel 1 of that certain Lot Line Adjustment Plat No. 240, in the City of Anaheim, County
of Orange, State of California, recorded on December 13, 1990, as Instyument No. 90-653417 of
Official Records of said County.
Pan 2
Parcel :2, Lu ~ho ~tty o~ Anaheim, ~oun~7 o£ Oz~nge, Storm o£ Cal4£ozu~a, a~ Ihown
o~ a llil) :filed ~n Book 32, Page 50 o! ~ercel Naps, ~n the o£~ieo 'ot the 0o~A~y
]t~corder o~ ~ County.
~sb~nt r~~ ~~ 7, 2926 ~ ~k 682,
~nty, no~h 0* ~' 30" ~m~ 230.~ f~c ~ Las ~e~Lon vi~h
32' ~0" Ba~ 2s~.97 f~ ~ ~. ~erl~e o~ ~
~l~o~a Bd2~ ~y ~fd~ J~e 20, ~96G ~ ~k 79?3, Pa~ S0 o~ Off~o~ll
~ny eawn~.
C~uflty Recorder 0£ oe~d O~&nge ~o~n~y, Ln Book 3, Page · o~ Parcel ILt~.
Dohglea S~ee~ as conveyed to t~eCoun~ of
1926 ~u Book 682, Page 100 Deed~ of
Exhibit A
Page I
Isoz~h O" 04' 30" weg'c ·00.02 teat t.o 'the Gout. hVUlte:'Xy coL'3~:~ of tbl lind delo:LJ:4d
J.n the deed 'co Ii. R. Ho~a, mr.. aX, :'eoo:'ded ife~bruax7 26, ~g60 A.n Book 5.1.3.8, l, age
2S8, Off4o~aA Roco~do, oa~d po£n~ being ~ho ~rue poLnt of ~og~nn~ng~ thmnoo axing
,~ho Southerly 1Xnl thezoof; thonce South 89. 32' 10' Bml~ 336 £ee~ mor~ Or Xemm to
th~ cente:~/ne of a 25.00 £oet eamnt granted to ~e ~outhe~n Ca~£~orn£a Bd£son
C~l~ny b~ ~n8~rundnt ~oco~ded ~uno 28, 1966 Ln Book 7973, Pago
RmOO~dO; thoncl alOl~g oa£d centB~L~ne ~outh 26* 06' 53' Woi~ ~87
to a ~no p~llel v~h ~ 230.00 ~ Xo~he:X~ MaI~
~he 6~herly I~ Of mild ~ 4; ~nom along ma~d ~illml
~8~ 253 ~ ~ ~ Xmas ~o ~h. oon~ne of .atd ~gXas. S~; tb.oo along
o~d ~nt~12~ High 0° 04* 30" ~mt ~0.0~ f~ ko ~ t~o ~n~ of
County Roco~do~ of oa~d Orango Coun~y, Xn BOO~ 3, Pe~e 4, ~&~ceX Gpm.
P~c~I 3 z
An easement 20.00 feet eLde for Xnqrim. and ogress ovt~ ,that port~oa of Lo~ · of
~bo T~ivLa ~&o~ ~n tho Ooun~y of O~ange, 8~ate of ~alLfo~nLa,
~~n~ ~r~ ~o~ 7, 1926 ~ ~k 682, P~ l~ of b~
~ty, lo~h 0~ 04' ~0' ~ 220.00 fur f~ ~l ~to~l~Xou
l~ of aa~ ~ 4; ~hence ~al~X wX~h ~ 8~rly lL~ of naXd ~ 4 ~ 89°
32' 10' B~ 25~.g7 ~ ~o t~ ~n~l~e of tb e~nt gr~ to t~ ~t~
~XX~o~a ~aon ~n~ :e~ ~ 20, L966 ~ ~k 7973,
County bcord~r of sa~d Orate 0oun~y, ~ ~ook 3, Pqa · of Po~cel ~apa.
Exhibit A
Page 2
EXHIBIT B
1100~-34
JI-II-IW:B DQ:~hc
06/01/92
09/09/92
AFTER RECORDATION PLEASE RETURN TO:
Jones Hall Hill & W?fite,
A Professional Law Corporation
Four Embarcadero Center, 19th Floor
San Francisco, California 94111
Attention: Brian D. Quint, Esq.
THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX
PURSUANT TO SECTION 11922 OF THE CALIFORNIA REVENUE AND TAXATION CODE.
THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO SECTION 27383 OF
THE CALIFORNIA GOVERNMENT CODE.
FIRST AMENDMENT TO LEASE AGREEMENT
Dated as of September 1, 1992
by and between the
ANAHEIM PUBLIC IMPROVEMENT CORPORATION
and the
CITY OF ANAHEIM, CALIFORNIA
Amending that certain Lease Agreement
dated as of December 1, 1990
by and between the
Anaheim Public Improvement Corporation
and the
City of Anaheim, California
FIRST AMENDMENT TO I~EASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT, dated as of September 1, 1992,
by and between the ANAHEIM PUBLIC IMPROVEMENT CORPORATION, a nonprofit, public
benefit corporation organized and existing under the laws of the State of California, as lessor (the
"Corporation"), and the CITY OF ANAHEIM, CALIFORNIA, a municipal corporation and
charter city organized and existing under the laws of the State of California, as lessee (the "City"),
amending that certain Lease Agreement, dated as of December 1, 1990, by and between the
Corporation and the City, and recorded in the Official Records of Orange County, California, on
January 8, 1991, as Instrument No. 91-0088414 (the "Lease Agreement");
WITNESS ETH:
WHEREAS, the City and the Corporation have heretofore entered into the Site Lease, dated
as of December 1, 1990 (the "Site Lease"), pursuant to which the City leased certain real property,
described in Exhibit A to the Site Lease (the "Site"), to the Corporation and the Corporation leased
the Site from the City;
WHEREAS, the Corporation and the City have heretofore entered into the Lease
Agreement, pursuant to which the Corporation leased the Site to the City and the City leased the
Site from the Corporation;
WHEREAS, the City intends to acquire certain real property adjacent to the Site (the "Rindt
Site") and the Corporation and the City deem it to be necessary and desirable that the Site Lease
and the Lease Agreement be amended to provide for the Rindt Site to be added to the description of
the Site;
WHEREAS, Section 8.04 of the Lease Agreement authorizes alteration or modification of
the Site Lease and the Lease Agreement, in accordance with the provisions of the Trust Agreement;
WHEREAS, Section 9.01 of the Trust Agreement provides that the Lease Agreement and
the rights and obligations of the parties thereto may be modified or amended at any time by a
supplemental agreement, without the consent of the Owners of the Certificates (as such terms are
defined in the Trust Agreement), inter alia, in regard to questions arising thereunder, as the parties
thereto may deem necessary or desirable and which shall not adversely affect the interests of the
Owners of the Certificates; and
WHEREAS, the City and the Corporation have received the opinion of special legal
counsel that amendment of the Site Lease and the Lease Agreement to provide for additional
.property to be added to the description of the Site, as described above, will not adversely affect the
mterest of the Owners of the C_.exfificates;
NOW, THEREFORE, in consideration of the above premises and of the mutual covenants
hereinafter contained and for other good and valuable consideration, the parties hereto agree as
follows:
SECTION 1. Amendment of the Lease A~reement, Exhibit A of the Lease Agreement is
hereby amended in full as set forth in Exhibit A attfiched hereto.
SECTION 2. Execution in Counteroart.~. This First Amendment to Lease Agreement may
be executed in several counterparts, each-of which shall be an original and all of which shall
constitute but one and the same instrument.
SECTION 3. Applicable Law. This First Amendment to Lease Agreement shall be
governed by and consl~'ued in accordance with the laws of the State of California.
IN WITNESS WHEREOF, the Corporation has caused this First Amendment to Lease
Agreement to be executed in its corporate name by its duly authorized officers; and the City has
caused this First Amendment to Lease Agreement to be executed and attested in its name by its duly
authorized officers, as of the date hereinabove stated.
ANAHEIM PUBLIC IMPROVEMENT
CORPORATION
Attest:
By:
Finance Officer
Secretary
Attest:
By:.
Finance Director
City Cl~k
Approved as to form:
JACK L. WHITE, CITY ATTORNEY
//
Cio Attorney
-2-
STATE OF CALIFORNIA )
) SS.
ORANGE COUNTY )
On this day of , in the year 1992, before me, the undersigned notary
public, personally appeared George P. Fen'one and Leonora N. Sohl, personally known to me or
proved to me on the basis of satisfactory evidence to be the persons who executed this instrument
as the Finance Officer and Secretary, respectively, of the Anaheim Public Improvement
Corporation and acknowledged to me that the Anaheim Public Improvement Corporation executed
the same pursuant to its bylaws or a resolution of its board of directors.
(Notarial Seal)
(signature)
Typed Name:
Notary Public for the State of California
My Commission Expires:
STATE OF CALIFORNIA )
) SS.
ORANGE COUNTY )
On this day of , in the year 1992, before me, the undersigned
notary public, personally appeared George P. Fen'one and Leonora N. Sohl, personally known to
me or proved to me on the basis of satisfactory evidence to be the persons who executed this
instrument as Finance Director and City Clerk, respectively, of the City of Anaheim and
acknowledged to me that the City of Anaheim executed it.
(Notarial Seal)
(signature)
Typed Name:
Notary Public for the State of California
My Commission Expires:
EXHIBIT A
"EXHIBIT A
DESCRIPTION OF SITE
Part I
Parcel 1 of that certain Lot Line Adjustment Plat No. 240, in the City of Anaheim, County
of Orange, State of California, recorded on December 13, 1990, as Instrument No. 90-653417 of
Official Records of said County.
Part 2
PiL~e~ :2, ~n tho ~Lt~ o~ An&he4-, Oou~ty of Ozlnge, Iti~e o£ Cilitoz~L~,
map ~i~ed ~n Book 32, Page SO o~ ~o~el ](rope, ~n tho o£~l~o 'o£ the
BOCOL~SO= o£ o~Ld Coun~.
~st~t ~~ ~ 7, ~g26 ~ ~ 682,
~n~y, l~h Oe 04' 30' ~K 230.~ f~ ~ L~o
l~ne or oa&d ~t 4p t~ ~%e~ w~h the 8~tbr~y 1~ o~ -~d ~ 4 S~th 89°
32' X0" na~ 251.97 f~ ~ ~e ~nterl~. o~ ~
~l~o~la Id~son ~y ~Fd~ June 20, 2966
bcords; t~ BeVerly ~ ~~y ~Lmeo of la~d emn~ o~ll h ~ded or
~ny east.
lay ];x):;c&on ly~ wi~LZi Ii.rd Douglass SWeet.
~arcel 2:
~glan a~ a~ con~ ~ ~ ~y of ~ ~ ~ reeo~ ~to~r ?,
1926 ~ ~ 682, Page
ExhibitA
P~el
lo,ch 0" 04' 30" uug~ 400.02 ~oe~ to ~he Gouthv~e~e=Xy co~no= o~ ~e 1~
~R ~he ~d ~o ~. ~. ~ra, n~ a~, ~e~ ~~ 26, ~g60 ~ ~k 51~8, ~&~
t~ S~the~y l~e t~r~f~ ~Ce ~2h 89~ 3~' 10' IlK 336 ~ ~ O; less ~o
'~ oenti~lL~ o~ i ~5.~ ~fl~ eamnt gr~ ~o 2 ~he~n ~Xi~o~
a~y b~ ~s~t ~ded ~u~ 28, X966 ~ ~k ~g~3, P~ SO,
R~ozde; ~nce ~o~ ea~d cmnterlL~ ~uth 26* 06' S3' ~e~ 287 f~ ~ ~ less
~e 8~e~ly 1~ of BaLd ~ 4~ ~n~ along ~d ~&Xlel 1~ No~h 8~e 32'
~e~ 253 ~ ~ ~ leen ~o ~he cente~l~ne of BaLd ~glass S~ ~enoe &long
ll~d ~n~lL~ No~h 0e 04' 30' Wet 270.02 f~ ~o ~ '~e ~ of ~~g.
8a~d ~and ~e ~o~u~ wL~h~n ~he ~& Ih~ on ~ ~ f~l~ ~ ~ O~f~ of
P~cel 3 t
An oio4mm~ 20.00 £0o~ wLde for ~ee ~ ~e ~ ~t ~~ of ~ 4 of
of ~. ~ex~ ~n~y, ~he Xo~hK~y ~ or 'w~uh XI ~ecr~
~~~ ~~ ~~ 7, ~926 ~n ~k 682, P~ ~ of
l~ o~ said ~ 4; ~h~ ~aX~X ~ ~ B~rly li~ of na~ ~ 4 ~ 89°
32' lO' BaK 25:.g7 fro: to ~ ~X~ of ~b mn~
Cali~o~i ~ ~ ~ J~ 20, 1966 ~ ~k 7973, Pl~ 50 of offLc~
b~do; th ~zly ~ ~~ly 1Xnol of laid ml~ shill ~ ~e~d or
~o~ ~ au ~o ~~e a~ ~he ~n~ l~ or said 0~t~n
~ ~y ~i~ ly/~ vi~h~ said ~glao, ~t.
Slid ll~ il /nclu~ wi~ ~ ~ e~ ~ a ~p fil~ in ~e o~fice of the
~ty b~x~ of a~ ~ ~nty, ~ ~k 3, Pqe 4 of P~I ~.
Exhibit A
Page 2
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, Secretary of the Board of Directors of the Anaheim Public
Improvement Corporation, do hereby certify that the foregoing Resolution
No. APIC92-3 was introduced and adopted at a regular meeting provided by law, of
the Board of Directors of the Anaheim Public Improvement Corporation held on the
29th day of September, 1992, by the following vote of the members thereof:
AYES:
NOES:
BOARD MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
BOARD MEMBERS: None
ABSENT: BOARD MEMBERS: None
AND I FURTHER certify that the President of the Board of Directors signed said
Resolution No. APIC92-3 on the 30th day of September, 1992.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City
of Anaheim this 30th day of September, 1992.
SECRETARY OF THE ~HEIM PUBLIC IMPROVEMENT
CORPORATION
(SEAL)
I, LEONORA N. SOHL, Secretary of the Anaheim Public Improvement Corporation, do
hereby certify that the foregoing is the original of Resolution No. APIC92-3 duly
passed and adopted by the Anaheim Public Improvement Corporation on
September 29, 1992.
~SECRETARY EIM PUBLIC IMPROVEMENT
CORPORAT I ON