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64-712Acc~9. Off. Pub. Utilities Dir. Pub. Works Dir. i~SOLUTION NO. 64R- 712 A i~ESOLUTION OF T~IE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE E~CUTION OF AN AG~EMENT PROVIDING FOR THE LEASING OF CERTAIN LAND TO THE PACIFIC TELE- PHONE AND ~,:LEGRAPH COMPANY. WHEI~EAS, The Pacific Telephone and Telegraph Company has installed and is operating pole-mounted repeaters upon a portion of the pole yard of the City located on Lewis Street in the vicinity of Cerritos Avenue; and %~TER~AS, said Telephone and Telegraph Company's repeaters were installed pursuant to a lease entered into be- tween the City and The Pacific Telephone and Telegraph Company on November 15, 1961; and W~HEREAS, at the present time the repeaters are housed in unsightly boxes attached to a stand at 'the rear of the Lewis Substation; and ~.~4E~S, The Pacific Telephone and Telegraph Company would like to enclose these repeaters in a building which would improve the general appearance of the area; and ~vqIERE'AS, in order to accomplish the purpose above- mentioned, the City and said Telephone and Telegraph Company desire to amend the lease agreement entered by them on November ]_5, 1961. NOW, THEItEFO~, BE IT i~SOLVED by the City Council of the City of Anaheim that the agreement this day submitted to the City Council to be made and entered into by and between the City of Anaheim and The Pacific Telephone and Telegraph Company~ oroviding for the leasing by the City to said Telephone and '~elegraph Company of a portion of the City's pole yard located on Lewis ~treet in the vicinity of Cerr_tos Avenue, more particularly described in said agreement, upon the following terms and conditions: The City shall !ease~ let and demise to said Telephone and Telegraphuompany, '~ . for the sole purpose of installing~ operatzng and maintaining ~epeaters, the property described in said agree- ment for a term of twenty (20) years, commencing on the 1st day of November , 1964 and ending on ~TFJ 315t ~aY of_ October , 1984. ~u~ner agree to renew such lease The City shall ~'-~ for two (2) periods of five (5) years each, provided sai~ Telephone and Telegraph Company inzorms the Cit~, in writing, of its intention to renew six (6) months prior to the termination of said term. -1- In the event, during ~he term of said lease or any renewal thereof, the City should determine that the premises are required for City purposes, it shall give The Pacific Telephone and Telegraph Company notice, in ~riting, of its intent 'to terminate this lease agreement. Said agreement shall terminate six (6) months from and after the receipt of notice of intent to terminate. 2. The Pacific Telephone and Telegraph Company shall: (a) immediately upon execution of said agreement, begin, construction of a building in accordance ~,Tith a plot plan attached to said agreement. (b) ~emove the driveway and paving that presently exists on the demised premises and restore the d~:iveway to its original state and construct a curb where the entrance to the driveway is presently located. (¢) Construct t[:e north driveway and approaches in accoz~dance with the plot plan which is attached to said agreement~ plus any pavement to and az~ound the proposed building. 3. The City shall construct the south driveway and approaches and a masonry block wall on the Lewis Street frontage of the demised premises in accordance with the plot plan~ 4. The City shall !ease~ let and demise said demised premises for the sum of One Hundred Dollars ($100.00) per year for 'the '.term of said lease~ payable as follows' Five Hundred Dollars (~500.00) paid in advance for each five (5) years of the term of said lease o= any extension thereof; provided, however~ in the event the City terminates said lease agreement~ the City shall refund to The Pacific Telephone and Telegraph Company an amount equal to the value of the unused term. 5. The Pacific Telephone and Telegraph Company shall hold the City harmless from any and all claims which might arise against the City in connection with the use and occupancy by said Telephone and Telegraph Company of the demised premises. 6. At the end of the term of said lease, or any extension thereof~ or at any earlier termination thereof, The Pacific Telephone and Telegraph Company shall remove its repeaters from the demised premises within the effective date of said termination. be and the same is he=eby approved. -2- BE IT FURTHER i~SOLVED that the Mayor and City Clerk be and they are hereby authorized to execute said agreement for and on behalf of the City of Anaheim. chis 6th day of ATTEST: THE FOREGOING RESOLUTION is approved and signed by me October , 1964. MAYOR O CITY STATE OF CALIFORNIA ) COUNTY OF OiiANGE ) CITY OF ANAHEIM ) o SS. I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a -- regular meeting of the City Council held on the 6th ~a-~--6-1~'bctober, 19643 by the following vote of the membe~of: A]7~S: COUNCILb~N' Pebley, Dutton, Schutte, Krein and Chandler. NOES' C:0~CILMEN- None ABSENT' COUNCIiA~N: None A~ND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 6th day of October, 1964. -- IN WITNESS ~;~REOF, I have hereunto set my hand and affixed the seal of 'the City of Anaheim this 6th day of October, 1964. (SZaL) C'i'TY' C~p.~ 6F' T~' C%TY' OF'ANAI-~'IM~ -3-