86R-210
11009-19
JHHW:BOQ:rms
04/15/86
04/24/86
05/09/86
Z1900
CITY OF ANAHEIM
RESOLUTION NO. 86R- 210
A RESOLUTION APPROVING THE FORM AND AUTHORIZING AND
DIRECTING EXECUTION OF A SECOND AMENDMENT TO THE
LEASE AGREEMENT RELATING TO CAPITAL IMPROVEMENTS
BETWEEN CITY OF ANAHEIM (CALIFORNIA) STADIUM. INC.
AND THE CITY OF ANAHEIM
RESOLVED. by the City Council of the City of Anaheim (the I'City"):
WHEREAS. City of Anaheim (Cal iforni a) Stadium, Inc. ("ASI II) and the
City have entered into that certain Lease Agreement Relating to Capital
Improvements, dated as of November I, 1982, as amended by the First
Amendment thereto t dated as of September 1, 1985 (the II Lease Agreement II) i
and
WHEREAS, the City has determined that it ;s in the interests of the
City at this time to provide for the refinancing of a portion of the City's
obligations under the Lease Agreement; and
WHEREAS. it 1s necessary to amend the Lease Agreement to faei 1 itate
such refinancing;
NOW, THEREFORE, it is hereby ORDERED and DETERMINED, as follows:
SECTION 1. A second amendment to the Lease Agreement by and between
ASI and the City, in the form attached hereto as Exhibit A and incorporated
herein by reference as though set forth 1n full, be and the same is hereby
approved, and the Mayor or Director of Finance is hereby authorized and
directed to execute said amendment, with such changes, insertions and
omissions as may be approved by such official. and the City Clerk is hereby
authorized and directed to attest to such official IS signature.
SECTION 2. The Mayor. Director of Finance, City Clerk and other
officials of the City are hereby authorized and directed to execute such
other agreements, documents and certificates as may be necessary to effect
the purposes of this resolution and the refinancing described herein.
THE FOREGOI~G RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 20th day of May, 1986.
ATTEST:
~~ ~~~
CITY CLERK OF THE CITY OF ANAHEIM
~/~
MAYOR OF THE CITY OF ANAHEIM
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CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 86R-210 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 20th day of May, 1986, by the following vote of the members thereof:
.,.,....,.....
AYES:
COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth
NOES:
COUNCIL MEMBERS: None
ABSENT:
COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 86R-210 on the 20th day of May, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 20th day of May, 1986.
ej{ ~S:-~
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing 1s the original of Resolution No. 86R-2l0 duly passed and
adopted by the Anaheim City Council on May 20, 1986.
~4L/( ~~
CITY CLERK
EXHIBIT A
SECOND AMENDMENT TO LEASE AGREEMENT
RELATING TO CAPITAL IMPROVEMENTS
THIS SECOND AMENDMENT TO LEASE AGREEMENT RELATING TO CAPITAL
IMPROVEMENTS is made and entered into as of April 1, 1986. by and between
City of Anaheim (California) Stadium. Inc. ("ASI") and the City of Anaheim,
California (the "C1tyll);
WIT N E SSE T H:
WHEREAS. the City and ASI have entered into that certain lease
Agreement Relating to Capital Improvements, dated as of November I, 1982. as
amended by the First Amendment thereto, dated as of September 1, 1985 (the
"Lease Agreement") pursuant to which ASI agreed to lease certain
improvements (the II ImprovementslI) to the City and the City agreed to make
lease payments therefor; and
WHEREAS, the City has determined that it is in the interests of the
City at this time to provide for the refinancing of a portion of the City.s
obligations under the Lease Agreement; and
WHEREAS, it is necessary to amend the Lease Agreement to facilitate
such refinancing; .
NOW. THEREFORE, in consideration of the above premises and for other
valuable consideration, the parties hereto do hereby agree as follows:
1. The Lease Agreement is hereby amended by adding a new Section 437
as follows:
I.Section 437. Assignment and Subleasing by the City. This Lease
Agreement may not be assigned by the City. The City may sublease the
Improvements or any portion thereof, sUbject to all of the following
conditions:
(i) This Lease Agreement and the obligation of the City to make
Lease Payments hereunder shall remain obligations of the City; and
(ii) The City shall, within thirty (30) days after the delivery
thereof, furnish or cause to be furnished to ASI. or its assignee, a
true and complete copy of such sublease; and
(iii) No such sublease by the City shall cause the Improvements
to be used for a purpose other than as may be authorized under the
provisions of the constitution and laws of the State of California;
and
(iv) The City shall furnish ASI and the Trustee with a written
opinion of nationally recognized bond counsel, stating that such
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sublease does not cause the interest components of the Lease Payments
to become sUbject to federal or State of California personal income
taxes.
2. Said amendment shall be effective as of the year and date first
above mentioned.
IN WITNESS WHEREOF. ASI has caused th1 s Second Amendment to Lease
Agreement Relating to Capital Improvements to be executed in its corporate
name by 1ts duly authorized officers; and the City has caused this Second
Amendment to Lease Agreement Relating to Capital Improvements to be executed
in its name by its duly authorized officers, as of the date first above
written.
ANAHEIM (CALIFORNIA) STADIUM. INC.
By
President
Attest:
By
Secretary
CITY OF ANAHEIM
By
Mayor
Attest:
By
City Clerk
Approved as to Form:
By
City Attorney
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