HomeMy WebLinkAbout12-043 CC Resolution RESOLUTION NO. 12-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING AND AUTHORIZING THE
EXECUTION OF A LEASE TERMINATION AGREEMENT
WITH YMCA OF RIVERSIDE CITY AND COUNTY, INC.
REGARDING THE YMCA BUILDING LOCATED IN
MARGARITA COMMUNITY PARK
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Recitals. The City Council of the City of Temecula hereby finds, �
determines and declares that:
A. The City of Temecula ("City") is the owner of certain real property in the
County of Riverside, California known as the Margarita Community Park ("Park").
B. On January 14, 2003, the City Council entered into a Ground Lease
("Lease") with YMCA of Riverside City and County, Inc. ("YMCA"), authorizing the
YMCA to lease a portion of the Park and construct a YMCA building ("YMCA Building")
thereon.
C. The YMCA is proposing to terminate the Lease.
D. Section 5(c) of the Lease provides that upon the expiration or earlier
termination of the Lease, the YMCA Building and other improvements shall become the
property of the City.
E. Section 23(h) of the Lease provides that the City is entitled to receive a
quitclaim deed executed by the YMCA upon the expiration or earlier termination of the
Lease.
F. The City intends to continue to operate the YMCA Building for recreational
purposes for the community.
G. The City and the YMCA desire to enter into a Lease Termination
Agreement which provides that, in consideration for the termination of the Lease, the
City shall pay the sum of One Million, Six Hundred and Nine Thousand, Nine Hundred
and Fifteen Dollars and Zero Cents ($1,609,915) to the YMCA.
H. The execution of the Lease Termination Agreement will result in the City
owning the YMCA Building and other improvements as of the date of the termination of
the Lease (i.e., no purchase agreement is necessary for the City to acquire title to the
Building and other improvements).
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Section 2. Environmental Findings. In accordance with the California
Environmental Quality Act, the proposed Lease Termination Agreement is exempt from
the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title
14 of the California Code of Regulations, Section 15323 because once the Lease is
terminated, the City will continue to operate the YMCA Building with the same kind of
recreational community activities that have been continuously provided to the public
since 2003. As such, there is a reasonable expectation that the future operation of the
YMCA Building would not represent a change in the operation of the facility. Pursuant
to CEQA Guidelines Sections 15061(d) and 15062, the City Manager is hereby directed
to cause a Notice of Exemption to be prepared, executed and filed for the foregoing
determination in the manner required by law.
Section 3. Approval of Lease Termination Agreement. The City Council of the
City of Temecula hereby approves and authorizes the termination of the Lease through
the execution of the Lease Termination Agreement set forth in Exhibit "A", attached
hereto and incorporated herein as though set forth in full ("Agreement"). The Mayor is
hereby authorized to execute the Agreement on behalf of the City in substantial
conformance with the form of such Agreement. A copy of the final Agreement when
executed by the Mayor and representatives of the YMCA shall be placed on file in the
Office of the City Clerk.
Section 4. City Manager Authority. The City Manager (or his designee), is
hereby authorized, on behalf of the City, to take all actions necessary and appropriate to
carry out and implement the Agreement and to administer the City's obligations,
responsibilities and duties to be performed under the Agreement, as amendment,
including without limitation, the authority to approve and execute on behalf of the City:
title report, escrow instructions, implementation agreements, costs, license agreement
for access to the Property and such other agreements or certifications as may be
necessary or convenient to the completion of the sale of the Property pursuant to the
Agreement.
Section 5. Certification. The City Clerk of the City of Temecula shall certify to
the passage, approval and adoption of this Resolution.
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PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 22" day of May, 2012. �
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� huck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
it Cler �
[SEAL]
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Cterk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 12-43 was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 22" day of May, 2012, by the
following vote:
AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Roberts,
Washington
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
�
usan W. Jo es, MMC
City Clerk
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