CC Resolution No. 8073
13031-08
JHHW:PJT:s]c 3/12/90
J7551
RESOLUTION NO. 8073
A RESOLUTION APPROVING, AND AUTHORIZING
AND DIRECTING EXECUTION OF AMENDMENTS TO SITE LEASE,
LEASE AGREEMENT AND MEMORANDUM OF LEASE AND
AUTHORIZING AND DIRECTING CERTAIN ACTIONS
WITH RESPECT THERETO
RESOLVED by the City Council of the City of Cupertino (the "City"):
WHEREAS, the Cupertino Public Facilities Corporation (the "Corporation") and
the City have entered into a Lease Agreement, Site Lease and Memorandum of Lease,
each dated as of June l, 1989 (collectively, the "Lease Documents") providing for the
lease of certain real property in the City from the City to the Corporation pursuant to the
Site Lease, and from the Corporation to the City pursuant to the Lease Agreement; and
WHEREAS, the City and the Corporation now desire to amend the Lease
Documents to add and delete property descriptions to reflect accurately the description of
the parcels intended to be included therein by substituting a portion of Memorial Park for
Wilson Park as the subject of the Lease Documents; and
WHEREAS, the documents specified below have been filed with the City and the
members of the City Council, with the aid of the City staff, have reviewed said
documents.
NOW, THEREFORE, it is hereby ORDERED and DETERMINED, as follows:
Section 1. The below-enumerated documents (collectively, the "Lease
Amendments") be and are hereby approved, and the City Manager or, in his absence, the
Director of Finance, is hereby authorized and directed to execute and deliver said
documents, with such changes, insertions and omissions as may be approved by the
official executing such document:
(a) a First Amendment to Site Lease by and between the City and the
Corporation; and
(b) a First Amendment to Lease Agreement and Memorandum of Lease, by
and between the City and the Corporation.
Section 2. This City Council hereby fmds and determines that the purpose of the
Lease Amendments is to add and delete property descriptions to the Lease Documents to
reflect accurately the description of the parcels intended to be included therein, that the
property described in the Lease Amendments is substantially identical to the property
described in the Lease Documents and that the rental value of the real property described
in the Lease Amendments is equal to the rental value of the real property described in
the Lease Documents.
Section 3. The City Manager, Director of Finance, City Clerk and other
appropriate officers of the City are hereby authorized and directed to take all actions and
execute all documents necessary to implement the Lease Amendments, including but not
limited to the recordation in the office of the County Recorder of the Lease Amendments
and the procurement of title and other insurance with respect to the real property
described in the Lease Amendments as required under the Lease Documents.
* * * * * * * * * *
I hereby certify that the foregoing resolution was duly adopted at a meeting of the
City Council of the City of Cupertino duly held on the 19th of March, 1990, by the
following vote:
AYES, and in favor of, Councilmembers: Goldman, Koppel, Sorensen, Szabo, Rogers
NOES, Councilmembers: None
ABSENT, Councilmembers: None
ABSTAIN None
ATTEST:
/s/ Dorothy Cornelius
City Clerk
APPROVED:
/s/ Barbara A. Rogers
Mayor, City of Cupertino
-2-