HomeMy WebLinkAboutResolution No. 1979 RESOLUTION NO. f 9 7/
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY, CALIFORNIA, APPROVING
AMENDMENTS TO LEASES ENTITLED "DOWNEY
COMMUNITY HOSPITAL GROUND. LEASE" AND
"DOWNEY COMMUNITY HOSPITAL LEASE" AND
APPROVING RENTALS TO BE PAID THEREUNDER.
WHEREAS, this City Council has heretofore
approved and entered into a lease entitled "Downey
Community Hospital Ground Lease" by and between the
City of Downey and the City of Downey Community Hos-
pital Authority; and
WHEREAS, said Downey Community Hospital Ground
Lease provides for the payment by said City of Downey
Community Hospital Authority to said City of Downey
of the sum of one dollar($1.00) as advance rental as
full consideration for said Downey Community Hospital
Ground Lease over its term; and
WHEREAS, said City of Downey and said City
of Downey Community Hospital Authority have heretofore
approved and executed a lease entitled "Downey Community
Hospital Lease "; and
WHEREAS, said Downey Community Hospital Lease
provides for the payment by said City of Downey to said
City of Downey Community Hospital Authority the sum
of three hundred twelve thousand five hundred dollars
($312,500) for the use of the subject premises until
June 30, 1970, and the sum of three hundred ninety -seven
thousand dollars ($397,000) per year thereafter for
the term of said lease; and
WHEREAS, Exhibit B to said Downey Community
Hospital Lease provides a schedule for adjustment of
base rental; and
WHEREAS, pursuant to the provisions of Section 4(f)
it is now possible to fix and establish the base rental
under the adjustment formula set forth therein; and
WHEREAS, certain amendments to said Downey
Community Hospital Ground Lease and said Downey Community
Hospital Lease are necessary at this time as set forth
hereinafter;
NOW, THEREFORE, the City Council of the City
of Downey, California, DOES HEREBY FIND, RESOLVE, DETERMINE
AND ORDER as follows:
Section 1. That pending final adjudication
of that certain action entitled "City of Downey, a municipal
corporation vs. Jose V. Gonzales, et al., No. 837151, Parcels 39, 40, 41, 42
by which this city is acquiring certain property by
eminent domain, which property is to comprise a
portion of the premises to be known as the "City of
Downey Community Hospital site," it will be necessary
to amend the "Downey Community Hospital Ground Lease"
and the "Downey Community Hospital Lease" referred to
in the recitals hereof in the manner hereinafter
described.
2.
Section 2. That this City Council hereby
expressly finds that the acquisition of said property
referred to in Section 1 hereof is not essential in
order that the construction or functioning of the pro-
posed Downey Community Hospital may be carried out
but is necessary to carry out the landscaping and
aesthetic improvements to be placed around said hospital.
Section 3. That this City Council hereby
expressly finds that the rental to be charged to said
City of Downey Community Hospital Authority under the
terms of said Downey Community Hospital Ground Lease
is reasonable and should not be altered by the amend-
ment to said Ground Lease.
Section 4. That this City Council hereby
expressly finds that the rents payable to said City
of Downey Community Hospital Authority pursuant to
the provisions of said Downey Community Hospital Lease
are fair and reasonable and are not affected by the
amendment to said Downey Community Hospital Lease.
Section 5. That this City Council hereby
orders the City Attorney to take all steps necessary
for the acquisition of the property referred to in
Section 1 hereof to the extent permitted by law in
order that the grounds surrounding said Downey Com-
munity Hospital may be improved and beautified in
accordance with the plans thereof.
3.
Section 6. That on the basis of "Exhibit B"
to said Downey Community Hospital Lease this City
Council hereby approves an adjustment to the base rental
to be payable pursuant to said Downey Community Hospital
Lease as follows:
(a) For the use of the premises until June
30, 1970, a rent of three hundred thirty -four thousand
four hundred dollars ($334,400) plus such additional
rental as may be payable under said lease; and
(b) For the use of the premises during
each fiscal year thereafter during the term of said
lease, equal installments of base rental at the
rate of three hundred ninety -five thousand dollars per
year ($395,000), plus such additional rental as may
be payable under said lease.
Section 7. That the amendment to "Ground Lease"
as set forth on Exhibit 1 attached hereto and incor-
porated herein is hereby approved, and the Mayor and
City Clerk are hereby directed to execute same on behalf
of the City of Downey.
Section 8. That the amendment to said Downey
Community Hospital Lease attached hereto as Exhibit 2
and incorporated herein by this reference is hereby
approved, and the Mayor and City Clerk are hereby
directed to execute same on behalf of the City of Downey.
ADOPTED, SIGNED AND APPROVED this 26th day
4.
EXHIBIT 1
AMENDMENT TO DOWNEY COMMUNITY HOSPITAL GROUND LEASE
This amendment to that certain lease entitled
"Downey Community Hospital Ground Lease" by and between
the City of Downey, a municipal corporation of the State
of California (herein called the "City"), and the City
of Downey Community Hospital Authority (herein called the
"Authority "), a public agency, duly organized and existing
pursuant to an agreement entitled "Joint Exercise of Powers
Agreement Between the City of Downey and the County of
Los Angeles Creating the City of Downey Community Hospital
Authority, dated May 23, 1967,"
W I T N E S S E T H :
That in consideration of the mutual promises
and agreements herein contained, the parties hereto agree
as follows:
Section 1. That said "Downey Community Hospital
Ground Lease" referred to above and dated as of August 3,
1967, is hereby amended by having added thereto Section 14
as follows:
Section 14. The City is in the
process of acquiring title to a portion of
the premises described in "Exhibit A" of
said Ground Lease and it is intended that
upon completion of said acquisition that said
property shall be subject to all of the terms
and conditions of said Ground Lease as if title
to said property had been vested in the City
at the time of execution of said Ground Lease.
In the event that the City does not complete
its proceedings for the acquisition of said
property, all of the terms and conditions of
EXHIBIT 1
of September, 1967.
Mayor of the City
of Downey, California
ATTEST: f „
/op
City Clerk pi the City of
Downey
(SEAL)
5.
said Ground Lease shall be deemed applicable to the
remaining property described on said Exhibit A.
The property referred to in this Section
14 is described as follows.
Lots 35, 36, 37, 38 and 39 of Crawford's Addition to
Downey, City of Downey, County of Los Angeles, State
of California, as per map recorded in Book 21, page 48
of miscellaneous records in the Office of the County
Recorder of said county and state.
IN WITNESS WHEREOF, the parties hereto have
caused this amendment to Ground Lease to be executed and
attested by their proper officers thereunto duly
2.
STATE OF CALIFORNIA
ss.
COUNTY OF LOS ANGELES
On this day of September, in the year
1967, before me, 2%j
a Notary Public, State of California, duly commissioned
and sworn, personally appeared Beq ,U (r4, " ) e." %/ /a 12140
known to me to be the Mayor, and DELLA DOYLE,
known to me to be the City Clerk, respectively, of the
CITY OF DOWNEY, a municipal corporation, that executed
the within instrument, and known to me to be the persons
who executed the within instrument on behalf of said municipal
corporation therein named, and acknowledged to me that such
municipal corporation executed the within instrument pur-
suant to a resolution of the City Council of said City of
Downey.
IN WITNESS WHEREOF, I have hereunto subscribed my
name and affixed my official seal on the day and year in
this certificate first above written.
‘0Z (;
Notary Public, State of California
[Notarial Sear
° ���0000..00.. .........•.••� , .My Commission Expires
,
� , ROBERT A. CHALMERS •
ROBERT A. CHALMERS
NOTARY PUBLIC-CALIFORNIA • My Commission, Expire Nov_ q • i 9gg
° PRINCIPAL OFFICE IN •
' LCS ANGELES COUNTY
• • • • • • • • • • • • • • • • • • • • •• •• H•••♦
4 .
authorized and their official seals to,be hereto
affixed as of this ,, day of
.',
1967.
CITY
By /.„/ _ ..,1.-_-_! ( tvz--(4.--
West: ,
Mayor
.,2 i
/
City Merl?
(SEAL)
CITY OF DOWNEY COMMUNITY
HOSPITAL AUTHORITY i
/
By ` _ _ / C, f;' Li, V
Prepidhnt ( i f '
Attfrat: ,
...---
_ - aecretary(
‘
(sEALy
I HEREBY APPROVE the form and legality of the
foregoing Agreement this day of September, 1967.
0 & MYERS ROYAL M. SORENSEN
Bond Counsel to the City of City Attorney and ex officio
Downey Community Hospital Attorney for the City of Downey
Authority Community Hospital Authority
By By
Urban J. Schreiner
3.
i
STATE OF CALIFORNIA
ss.
COUNTY OF LOS ANGELES
On this 2.7 day of September, in the year 1967,
,,,4 / i', before me,- , a Notary
Public, State of California, duly commissioned and sworn,
personally appeared C. LARRY HOAG, known to me to be the
President and FELLA DOYLE, known to me to be the Secretary,
respectively, of CITY OF DOWNEY COMMUNITY HOSPITAL AUTHORITY,
a public corporation that executed the within instrument,
and known to me to be the persons who executed the within
instrument on behalf of said public corporation therein
named, and acknowledged to me that such public corporation
executed the within instrument pursuant to a resolution
_ of its governing board.
IN WITNESS WHEREOF, I have hereunto subscribed
my name and affixed my official seal on the day and year
in this certificate first above written.
V i i_
,/? 4 1
Notary Public, State of California
[Notarial Seal]
•••••••••••••••••••••••••••••:
• . ,. ROBERT A. CHALMERS : My Commission Expires
" 4 ° 4 NOTARY PUBLIC - CALIFORNIA ROBERT A. CHALMERS
' ` = ��'e° PRINCIPAL OFFICE IN ■ My Commission Expires Nov. 9, 1968
• � � LOS ANGELES COUNTY
5.
EXHIBIT 2
A14ENDtiENT T9 Dowtlgy COMMUNITY HOSPITAL LEASE
This amendment to that certain lease entitled
"Downey Community Hospital Lease" by and between the
City of Downey, a municipal corporation of the State of
California (herein called the "City "), and the City
of Downey Community Hospital Authority (herein called
the "Authority "), a public agency, duly organized and
existing pursuant to an agreement entitled "Joint Exercise
of Powers Agreement Between the City of Downey and the
County of Los Angeles Creating the City of Downey Community
Hospital Authority, dated May 23, 1967,"
W I T N E S S E T H:
That in consideration of the mutual promises
and agreements herein contained, the parties hereto
agree as follows:
Section 1. That said "Downey Community Hospital
Lease" referred to above and dated as of August 3, 1967,
is hereby amended by having added thereto Section 23
as follows:
Section 23. The City is in the
process of acquiring title to a portion of
"
the premises described in Exhibit A of
said Lease and it is intended that upon
completion of said acquisition that said
property shall be subject to all of the
terms and conditions of said Lease as if
title to said property had been vested in
the City at the time of execution of said
EXHIBIT 2
Lease In the event that the City does not
-.
0. .# • lete its proceedings for the acquisition
of said property, all of the teams and condi-
tions of said Lase shall be deemed applicable
to the remaining property described on said
Exhibit A.
The parties hereto agree that in the
event that title to said property does not be-
c. vested in the City that the rental appli-
cable to the remaining property described on
Exhibit A shall not be reduced or diminished
during the term of this Tease as a result thereof.
23 is described property s`1 referred to in this Section
Lots 35, 36, 37, 38 and 39 of Crawford's
Addition to Downey, City of Downey, County
of Los Anl, 1es, State of California, as
per map recorded in Book 21, page 48 of
miscellaneous records in the Office of the
County Recorder of said county and state.
2_.
IN WITNESS WHEREOF, the parties hereto have
caused this amendment to Lease to be executed and attested
by their proper officers thereunto duly authorized and
their official sear to be hereto affixed as of this
day of 4 1967.
CITY OF DOWNEY 7
By
At‘O: Mayor
A 10 --- 6 /eL
City CIerk0
(SEAL)
CITY OF DOWNEY COMMUNITY
HOSPITAL A
By
Pres& t
- Attfiist:
cretary
(SEAL)
I HEREBY APPROVE the form and legality of the fore-
going Agreement this day of September, 1967.
OIMELVENY & MYERS ROYAL M. SORENSEN
Bond Counsel to the City of City Attorney and ex officio
Downey Community Hospital Attorney for the City of Downey
Authority Community Hospital Authority.
By By
Urban J. Schreiner
3.
STATE OF CALIFORNIA
88.
COUNTY OF LOS ANGRTAS
On this day of September, in the year
1967, before me, /
a Notary Public, State of California, duly commissioned
and sworn, personally appeared $ 64,,, j ‘2. 0»- #1 DA Pa ///-'-
known to me to be the Mayor, and DELLA DOYLE,
known to me to be the City Clerk, respectively, of the
CITY OF DOWNEY, a municipal corporation, that executed the
within instrument, and known to me to be the persons who
executed the within instrument on behalf of said municipal
corporation therein named, and acknowledged to me that
such minicipal corporation executed the within instrument
pursuant to a resolution of the City Council of said
City of Downey.
IN WITNESS WHEREOF, I have hereunto subscribed
my name and affixed my official seal on the day and year
' in this certificate first above written.
Notary Public, State of California
[Notaria]. Seal]
My Commission Expires.
ROBERT A. CHALMERS •
ROBERT A. CHALMERS
i'vro NOTARY PUBLIC-CALIFORNIA •
riy comtljOio E xpires Nov. 9, 1968
11? PRINCIPAL OFFICE IN :
• ‘- .
• LOS ANGELES COUNTY •
•
***********....****•••••••••••
4.
STATE OF CALIFORNIA
ss.
COUNTY OF LOS ANGELES
M
On this l/ day of September, in the year
me, -�
ore
1967, before
a Notary Public, State of California, duly commissioned
and sworn, personally appeared C. LARRY HOAG, known to
me to be the President and FELLA FOYLE, known to me to
be the Secretary, respectively, of CITY OF DOWNEY COMMUNITY
HOSPITAL AUTHORITY, a public corporation that executed
the within instrument, and known to me to be the
persons who executed the within instrument on behalf
of said public corporation therein named, and acknowledged
to me that such public corporation executed the within
instrument pursuant to a resolution of its governing board.
IN WITNESS WHEREOF, I have hereunto subscribed my
name and affixed my official seal on the day and year in
this certificate first above written.
giet Z4--.-
Notary Public, State of California
[Notarial Seal
... ♦.... ♦ ..............••• +•� My Commission Expires
• ROBERT A. CHALMERS • ROBERT A. CHALMERS
♦ , NO TARY PUBLIC CALIFORNIA My Commission Expires Nov. 9, 1968
♦ ; r, ,/ W PRINCIPAL OFFICE IN
• — . LOS ANGELES COUNTY ;
o• ♦ ♦♦•••••••• ♦ ♦ ♦1 ♦♦Nir+'P
5.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF DOWNEY
1, DELLA DOYLE , City Clerk
of the City ofDowney California, DO HEREBY
CERTIFY that the foregoing resolution was duly adopted
by the City Council of said city and was approved by the
Mayor of said city at a i/ regular meeting of
said City Council held on the 6th day of September
19 67 , and that it was so adopted as follows:
AS - `7'
)
NOES: Councilmen
ABSENT: / Councilmen
,
City Clerk of he City of
Downey, California O
(SEAL)
/MM.,