Mendocino County Municipal Code Ch. 5.82 Ordinance Approving and Authorizing the Execution of a Facility Lease Of…

The County of Mendocino (the "County") intends to advertise for bids on a sale by the County of Mendocino the County's interest as lessee and optionee in certain real property generally described as a Lease With Option to Purchase, dated November 24, 1983, from Yokayo Center Group, a California general partnership, as owners, to the County, of property generally known as 747 South State Street, Ukiah, California, as amended, on the conditions that the successful bidder shall be required to (a) accept an assignment from the County of the County's interest in said lease and option, (b) exercise the option to purchase said property contained in said lease and option, (c) execute and deliver to the County a Deed of Gift vesting title in said real property in the County, subject to the hereinafter mentioned facility lease, and (d) lease said property back to the County, under a Facility Lease.

(Ord. No. 3434, adopted 1983.)

The County now has a need for and desires to continue the use of said 747 South State Street property and the County proposes to lease said property from the successful bidder.

(Ord. No. 3434, adopted 1983.)

It is hereby found and determined that it is in the public interest, convenience and welfare and for the common benefit of the inhabitants of the County that the County lease said 747 South State Street property from the successful bidder.

(Ord. No. 3434, adopted 1983.)

The act of entering into a lease of said 747 South State Street property by the County from the successful bidder be and it is hereby approved. The form of proposed Facility Lease between the successful bidder and the County, submitted to this Board of Supervisors and on file in the office of the Clerk of the Board of Supervisors of the County and to which reference is hereby made, and the terms and conditions thereof, are hereby approved. Upon determination of the base rental to be paid under section 3(a) thereof by resolution of this Board of Supervisors, the Chairman of this Board and the Clerk of this Board are authorized and directed to execute and deliver said Facility Lease in substantially said form, as completed to include such subsequently determined base rental; provided, however, that the amount of such subsequently determined base rental payable in any twelve-month period shall not exceed $250,000.

(Ord. No. 3434, adopted 1983.)

The Chairman of the Board of Supervisors and the Clerk of the Board of Supervisors are authorized to make such changes to the Facility Lease prior to the execution thereof as may be required in the interest of the County where such changes do not materially increase the obligation of the County or where such changes are first approved by resolution of this Board of Supervisors.

(Ord. No. 3434, adopted 1983.)

This ordinance shall take effect and be in force thirty days from and after the date of its adoption. Pursuant to Section 54242 of the California Government Code, this ordinance is subject to the provisions for referendum applicable to ordinances of the County as such provisions are set forth in Sections 3750 through 3756 of the California Elections Code. This ordinance shall be published after adoption as required by law.

(Ord. No. 3434, adopted 1983.)