Resolution No. 8866
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RESOLUTION NO. 8866
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT TO LEASE BY AND BETWEEN THE CITY OF
VERNON AND UNION ICE-PACIFIC, L.P., THROUGH ITS
GENERAL PARTNER, UNION ICE GP INC. FOR 50TH STREET
7 WHEREAS, on January 5, 2005, the City Council of the City of
8 Vernon adopted Resolution No. 8632 approving a Ground Lease with Union
9 Ice-Pacific, L.P., through its General Partner, Union Ice GP Inc.
10 ("Union-Ice") for property located at south side of 50~ Street in the
11 City of Vernon; and
12 WHEREAS, City staff have recommended that an amendment to
13 the Lease with Union-Ice be approved and executed to establish an
14 agreed upon Commencement Date of June 30, 2005.
15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
16 CITY OF VERNON AS FOLLOWS:
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SECTION 1:
The City Council of the City of Vernon hereby
18 finds and determines that the recitals contained hereinabove are true
19 and correct.
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SECTION 2:
The City Council of the City of Vernon hereby
21 approves the Amendment to Lease dated as of December 27, 2004, with
22 Union Ice-Pacific, L.P., through its General Partner, Union Ice GP
23 Inc., a copy of which is attached hereto as Exhibit A and incorporated
24 by reference.
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SECTION 3:
The City Council of the City of Vernon hereby
26 authorizes the Mayor to execute said Amendment for, and on behalf of,
27 the City of Vernon and the Acting City Clerk is hereby authorized to
28 attest thereto.
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SECTION 4:
The City Council of the City of Vernon hereby
2 directs the Acting City Clerk, or his designee, to send one fully
3 executed Amendment, to:
The Union Ice Company
Attn. Rich L. Burke, President and Chief Executive Officer
6100 E. Sheila Street
Los Angeles, CA 90040
SECTION 5:
The Acting City Clerk of the City of Vernon
shall certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 12th day of October, 2005.
ATTEST~
BRUCE ."MALKENHORST,
Acting City Clerk
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... / LEONIS C. MA URG, Mayor
JR.
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1 STATE OF CALIFORNIA
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4 I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of
COUNTY OF LOS ANGELES
5 Vernon, do hereby certify that the foregoing Resolution, being
6 Resolution No. 8866, was duly adopted by the City Council of the City
7 of Vernon at an adjourned regular meeting of the City Council duly held
8 on Wednesday, October 12, 2005, and thereafter was duly signed by the
9 Mayor of the City of Vernon.
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BRUCE V. MALKENHORST,
Acting City Clerk
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JR. ,
(SEAL)
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EXHIBIT
A
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AMENDMENT TO
LEASE
. Tms AMENDMENT TO LEASE (this "Amendment") is made as of August 24, 2005, by
and between the City ofVemon ("Lessor") and Union Ice-Pacific, L.P., a California limited
partnership ("Lessee") in order to amend that certain Ground Lease between Lessor and Lessee
dated as of December 27,2004 for the premises located at 50th Street in the City of Vernon,
County of Los Angeles, State of California (the "Lease"). Any initially capitalized term used in
this Amendment without definition shall have the meaning ascribed to such term in the Lease.
Lessor and Lessee hereby agree as follows:
1. Commeneement Date. According to Paragraph 3.~ of the Lease, the date on
which the City of V emon issues all of the Permits required for Lessee's proposed renovation of
the Building in final, non-appealable form shall be referred to as the "Commencement Date".
By their execution of this Amendment, the parties hereby confirm that June 30, 2005 is the
Commencement Date.
2. REMAINDER OF THE AGREEMENT. Except as expressly modified hereby, all terms
and provisions of the Lease shall remain in full force and effect To the extent of any
inconsistency between the provisions of the Lease and the provisions of this Amendment, the
provisions of this Amendment shall control.
3. COUNTERPARTS; FACSIMILE. This Amendment may be executed in one or more
counterparts, each of which shall be deemed an original but all of which, taken together, shall
constitute one and the same Amendment. This Amendment may be delivered by facsimile and
shall be accepted as if it were originally signed, but the deliverer of such document shall deliver
the original as soon thereafter as reasonably practicable.
Executed of the date first above written.
LESSOR:
City of V emon
By:
Name Printed: Leonis C. Malburg
Title: Mayor
ATTEST:
BRUCE V. MALKENHORST, JR.
Acting City Clerk
APPROVED AS TO FORM:
ERIC T. FRESCH, City Attorney I
01910/0007 126230.1
. . . ...
LESSEE:
UNION ICE-PACIFIC, L.P.,
a California limited partnership
By: Union Ice GP Inc.,
a Texas corporation,
its general partner
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0191010007 126230.1
SUPPORTING
DOCUMENTS
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AMENDMENT TO
LEASE
Tms AMENDMENT TO LEAsE (this "Amendment") is made as of August 24, 2005, by
and between the City of Vernon ("Lessor") and Union Ice-Pacific, L.P., a California limited
partnership ("Lessee") in order to amend that certain Ground Lease between Lessor and Lessee
dated as of December 27,2004 for the premises located at 50th Street in the City of Vernon,
County of Los Angeles, State of California (the "Lease"). Any initially capitalized terD1 used in
this Aniendment without definition shall have the meaning ascribed to such term in the Lease.
Lessor and Lessee hereby agree as follows:
1. Commencement Date. According to Paragraph 3'.2 of the Lease, the date on
which the City of Vernon issues all of the Permits required for Lessee's proposed renovation of
the Building in final, non-appealable form shall be referred to as the "Commencement Date".
By their execution of this Amendment, the parties hereby confirm that June 30, 2005 is the
Commencement Date.
2. . REMAINDER OF TIlE AGREEMENT. Except as expressly modified hereby, all terms
and provisions of the Lease shall remain in full force and effect. To the extent of any
inconsistency between the provisions of the Lease and the provisions of this Amendment, the
provisions of this Amendment shall control.
3. COUNTERPARTS: F ACS.IMILE. This Amendment may be executed in one or more
counterparts, each of which shall be deemed an original but all of which, taken together, shall
constitute one and the same Amendment. This Amendment may be delivered by facsimile and
shall be accepted as if it were originally signed, but the deliverer of such document shall deliver
the original as soon thereafter as reasonably practicable.
Executed of the date first above written.
. LESSOR:
City of Vernon
By: ~.
Name'P . : Leonis C.' Iburg
Title: Mayor
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B~ . MALKENHORST, JR.
Acting City Clerk
:::o~~
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01910/0007 126230.1
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LESSEE:
UNION ICE-PACIFIC, L.P.,
a California limited partnership
By:
0191010007 126230.1
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