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HomeMy WebLinkAboutGRAND PLAN 2, LLC 1 -2005 N-2005-075 LICENSE AND RIGHT OF ENTRY I, Grand Plan 2 LLC. do hereby grant to the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California, its officers, agents, employees or representatives (collectively referred to as the "City"), the right to enter the property located at #9 Hutton Center Dr., in the City of Santa Ana, County of Orange (the "Property"), and hereby grants to the City a license for the following: To conduct a three day Thermal Imagine Camera class. The City agrees to indemnify and hold harmless, Curtis R. Olson an individual, Nexus Development Corporation and Grand Plan 2 LLC, from any liability arising out of the City's exercise of this License and Right-of-Entry. The City further agrees to repair any damage to said Property caused by the exercise of this License and Right of Entry at its sole cost and expense and to restore said Property, with the exception of any improvements left thereon, as nearly as practicable to the state in which it existed prior to the use of the Property by the City. The rights herein granted to the City, are exclusive, and the City agrees not to assign, transfer, lease, pledge, or otherwise dispose of its License and Right of Entry without the prior expressed written approval of the undersigned. No right of entry to existing buildings is conveyed by this instrument. This License and Right of Entry shall expire upon completion of said exercise, and in any event, no later than three days from first entry, unless extended by written agreement between the undersigned and the City. Date: ~ /3/0r ~~~ ~rY THE CITY OF SANTA ANA a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California /', /2/7:>2-/' (' / -/1/ L-Y-~t -~ . y;./ ~e-:~"---' David N. Ream City~r(7 . (1,l. '-:C--~.~ Patricia E. Healy Clerk of the Council OWNER ~IUD PlAN 2., L..LC- BY: Attest: APPROVED AS TO FORM: ) . .- -..,') ,\ \, i , Joseph W. Fletch r City Attorney -- ~'C~'\. N-2005-075 COpy LICENSE AND RIGHT OF ENTRY , I, Grand Plan 2 LLC. do hereby grant to the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California, its officers, agents, employees or representatives (collectively referred to as the "City"), the right to enter the property located at #9 Hutton Center Dr., in the City of Santa Ana, County of Orange (the "Property"), and hereby grants to the City a license for the following: To conduct a three day Thermal Imagine Camera class. The City agrees to indemnify and hold harmless, Curtis R. Olson an individual, Nexus Development Corporation and Grand Plan 2 LLC, from any liability arising out of the City's exercise of this License and Right-of-Entry. The City further agrees to repair any damage to said Property caused by the exercise of this License and Right of Entry at its sole cost and expense and to restore said Property, with the exception of any improvements left thereon, as nearly as practicable to the state in which it existed prior to the use of the Property by the City. The rights herein granted to the City, are exclusive, and the City agrees not to assign, transfer, lease, pledge, or otherwise dispose of its License and Right of Entry without the prior expressed written approval of the undersigned. No right of entry to existing buildings is conveyed by this instrument. This License and Right of Entry shall expire upon completion of said exercise, and in any event, no later than three days from first entry, unless extended by written agreement between the undersigned and the City. Date: OWNER THE CITY OF SANTA ANA a charter city and municipal corporation duly organized and existing under the Constitution and laws ofthe State of California at~d;c:2~ David N. Ream r~-~~. =- Patricia E. Healy E' Clerk of the Council BY: Attest: ~ Joseph W. Fletc . r City Attorney N-2006-022 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CLERK OF THE COUNCIL CITY OF SANTA ANA 20 Civic Center Plaza, M-30 Santa Ana, California 92701 ATTN: City Attorney Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIIII IIIII IIIII IIIII IIII III) NO FE E 2006000187850 02:41 pm 03122146 116 11 T01 16 o.oo o.oo o.oo o.oo o.oo o.oa o.oo o.oo AP NO. 411-092-28,-35,-36 SE 109 This document is exempt from the payment of a recording fee pursuant to Government Code §6103. DEED NO. 8167 TERMINATION OF LICENSE AND RIGHT OF ENTRY This TERMINATION OF LICENSE AND RIGHT OF ENTRY ("Termination Agreement") is made by the CITY OF SANTA ANA, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California (the "City") and The Grand Plan 2, LLC, a California limited liability company ("GP2") (both sometimes collectively referred to herein as the "Parties"), as of this 14th day of March, 2006. RECITALS A. City and Starwood O.C. Portfolio VIII, LLC ("Starwood") entered into a License and Right of Entry dated July 5, 2001, that was recorded in the Official Records, County of Orange, State of California by Document No. 20010459036 on July 10, 2001 (the "License Agreement"), a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference, against certain property located in Santa Ana, California, the legal description and location for which is set forth and shown in Exhibits "I" and "II' of the License Agreement (the "Subject Property"). B. GP2 is the successor-in-interest to Starwood. C. The Parties hereto now desire to terminate the License. AGREEMENT 1. Termination of License Agreement. Effective immediately upon recordation of this Termination Agreement, the License Agreement, and all covenants, rights, obligations, and liabilities under the License Agreement affecting and or relating to the Subject Property are hereby terminated. 2. Counterparts. This Termination Agreement maybe signed in multiple counterparts which, when signed by all Parties shall, constitute a binding agreement. IN WITNESS WHEREOF, the Parties have signed this Termination Agreement on the date herein set forth above. Page 1 of 2 \' ~b~ P~~ D W I- Z W U Z 0 H I- 2 Z Q w oC I- Z W U Z 0 H H tL 0 W Z 0 U W t~ Santa Ana License Release 3/2/06 CITY OF SANTA ANA, a charter city and municipal corporation duly organized d existing under the constitution an a soft too California By: ` Its: THE GRAND PLAN 2, LLC, a California limited liability company __---~ By: Matthew B. Kaufman, Secretary APPROVED AS TO FORM `~ .,~ ~._~ ~4: City Attorney . fit,-,~-ict. 1 Page 2 of 2 Santa Ana License Release 3/2/06 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange } SS. On March 20, 2006, before me, Claudia M. Fernandez-Shaw, Notary Public, Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared David N. Ream Name(s) of Signer(s) ClAUO?IA M. FERPW~EZ->N Commission # 1633539 _I Notary Public - Co1NOrnio O~onyE/ County My Comm Expues Jan 25, 2010 [/]~personally known to me ^ proved to me on the basis of satisfactory evidence to be the person(~s'f whose name~e---~ subscribed to the within instrument and acknowledged to me that.~sl~/they executed the same in 9~s~herithe~ir authorized capacity~ics , and that by i Hierftheir signature on the instrument the person(; or the entity upon behalf of which the person( acted, executed the instrument. S my hand and official seal. Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document And could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner -- ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Number of Pages: STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On March 14, 2006 before me, ~~ n~~ ,Notary Public, personally appeared Matthew B. Kaufman personally known to me -or- ^ proved to me on the basis of satisfactory evidence to be the person whose name~~/are- subscribed to the within instrument and acknowledged to me thats#~ef~ey executed the same in /herf#~eir authorized capacity(j~s), and that by~het°ftheir signature(~a'f on the instrume the person(a'f, or the entity upon behalf of whic he persons') acted, executed D1A~ N1DC1 r ITNES~my h ` d nd offi Commkafon #t 1511168 Notary Publb - CaNfornla Orange County ~ ~9 ure o ary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ^ Individual ^ Corporate Officer Title(s) ^ Partner(s) ^ Limited ^ General ^ Attorney-In-Fact ^ Trustee(s) ^ Guardian/Conservator ^ Other: Signer is representing: Name Of Person(s) Or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT r m i n -t-t;~n 'cp-r~~ a-n-~ \ Title Or Type OflDocument Number Of Pages Date Of Document Signer(s) Other Than Named Above Santa Ana License Release 3/2/06 EXHIBIT "A" LICENSE AND RIGHT OF ENTRY [TO BE ATTACHED] Santa Ana License Release 3/2/06 EXHIBIT "A" When recorded, please mail this instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M-30 Santa Ana, California 9270t Free recording requested by The City of Santa Ana per Government Code Section 6103. Recorded in Official Records, County of Orange Gary Granville, Clerk-Recorder IIi~II~IIiI~Ilphli~IIIiIII~IIIIIII~iIpIINO FEE 2001045903611:16am 07110101 ins z~ Eon ~o a.oo o.oo o.oo o.oo o.oo o.oo o.oo o.oa Cancel Taxes Approved AS TO form BY Atry Approved By Di t Description Daaalptbn A.P. F/Wf MaP - rsG pr Written BY C(xcksd-0.K Nunbsr Wtrnbsr I.S.L. L.J.M. SE 109 411-093-2835 36 LICENSE AND RIGHT OF ENTRY d 0 z O c 0 v c so .. a~ .. c d U c 0 0 m E 0 U N Q N ~ ~ w 3 C O m to U t ~` ~~ . MAIL TAX STATEMENTS AS DIRECTED ABOVE LICENSE AND RIGHT OF ENTRY Starwood O. C. Portfolio VIII, L.L.C. ("Starwood"), organized and existing under the laws of the State of Delaware, does hereby grant to the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California, its officers, agents, employees and representatives (collectively referred to as the "City"), the right to enter the property located in the City of Santa Ana, County of Orange, more specifically described in "Exhibit I", attached hereto and incorporated herein by reference (the "property"), and hereby grants to the City a License and Right of Entry for the following: The right to enter and use the property described in "Exhibit I," for the purpose of construction of a Vehicular Access Restriction System and appurtenant facilities associated with the parking lot site and the hotel site, see "Exhibit III" conditions, attached hereto and incorporated herein. The City hereby agrees not to unreasonably interfere with right of Starwood to the use or ingress and egress of the property during construction. The City agrees to indemnify and hold harmless, Starwood from any liability arising out of the City's exercise of this License and Right of Entry. The City further agrees to repair any damage to said property caused by the exercise of this License and Right of Entry at its. sole cost and expense and to restore said property, with the exception of the improvements left thereon, as nearly as practicable to the state in which it existed prior to the use of the property by the City. Once the vehicular restraint system is implemented, Starwood shall be responsible for the maintenance and proper operation of the system, which responsibility shall run with the land. The system shall not be modified or removed without the written consent of the City of Santa Ana, Public Works Agency, which shall not be unreasonably withheld, delayed or conditioned. The rights herein granted to the City, are exclusive, and the City agrees not to assign, transfer, lease, pledge, or otherwise dispose of its License and Right of Entry without the prior expressed written approval of the undersigned. This instrument conveys no right of entry to existing buildings. The License and Right of Entry shall expire at the end of the 60-month period, if the evaluations have not deemed a vehicular restraint system necessary, no later than June 30, 2006, unless extended by written agreement between the undersigned and the City of Santa Ana. Property Owner/Developer agrees to indemnify, defend and hold harmless City, its officers employees, agents, consultants, and representatives from and against any and all loss or damage, and from any suits, actions and claims filed or brought by any person(s) however caused, arising out of its negligent or reckless operation of the vehicular restraint system or its negligent failure to maintain the vehicular restraint system in proper working order. (Signature Page Follows) Date .i U LY 5 , 200 ~ APPROVED AS TO FORM: L~ _b~-`- THE CITY OF SANTA ANA A charter city and municipal corporation Duly organized and existing unde he Constitution and laws of the Stat of BY: DEBRA K,URITA ASSlSTgNT CITY MANAGER STARWOOD O.C. PORTFOLIO VIII, L.L.C., a Delaware limited liability company By: Starwood O.C. Development, L.L.C. Its: Sole Member By: Transwestern OC, L.L.C. Its: Manager By: _~ Its: RANDAL S. BESSOLO MANAGING DIREC70R 011.450954.3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of 0/C,~,vF~ On 7^ L r~00~ ,before me, ~~ n ~ Tffi F~• pily~i ~oTil~y ~6G/ ~ Date Name and Title of Officer (e.g., "Ja Doe, Notary P tic") personally appeared ~/~ ~'/?' ~~ X r Tl9 , Name(s) of Signer(s) i~ personally known to me ^ proved to me on the basis of satisfactory evidence r ~~~ ~ DATrG to be the person(s~ whose name(•sj is/afre- ;13031 subscribed to the within instrument and lbtaY t~~Dllc - CadlfoRio ~ acknowledged to me that Fie/she/tl~ executed Q''rs'9e Canty the same in tYi~s/her/the+,~ authorized ~Co""m'~'~~4~ capacity(fes}- and that by Otis/her/twreir signatureJ,,a~on the instrument the person; or the entity upon behalf of which the personj,~j acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signatu f Notary ublic OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Individual • Top of thumb here Corporate Officer -Title(s): ^ Partner - ^ Limited ~ General Attorney in Fact ~~ Trustee Guardian or Conservator ~~ Other: Signer Is Representing: ® 1999 National Notary Association • 9350 De Solo Ave., P.O. 8oz 2402 • Chatsworth, CA 91313-2402 • www.nalionalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1.800-876-6627 State of Illinois ) ss County of Cook ) I, ~ Mary D . Klaus , a Notary Public in and for said county and state, do hereby certify that Randal S. Bessolo personally known to me to be the same person whose name is subscribed to the foregoing instrument as managing director of Transwestern OC, L.L.C., a managing member of STARWOOD O.C. DEVELOPMENT, L.L.C., the sole member of STARWOOD O.C. PORTFOLIO VIII, L.L.C., appeared before me this day in person, and acknowledged that he/she signed and delivered the said instrument as his/her free and voluntary act and as the free and voluntary act of Starwood O.C. Portfolio VIII, L.L.C., for the uses and purposes therein set forth. Given under my hand and official seal, this29th day of June , 2001. My commission expires: /~/.~~2c~j Notary blic OFFlCIAL SEAL MARY D. KLAUS NOTARY PUBLIC, STATE OF IlLIN01S MY COMMISSION EXPIRES 10.8.2001 EXHIBIT I LEGAL DESCRIPTION FOR LICENSE AND RIGHT-OF-ENTRY AGREEMENT FOR VEHICULAR RESTRAINT SYSTEM IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA Being those portions of Parcels 7 and 8 of Parcel Map No. 89-439, as shown on a map filed in Book 262 Pages 7 through 10 inclusive of Parcel Maps, Records of said Orange County, lying northerly of the following described line: Beginning at the southeast corner of said Parcel 8; Thence South 01 Degrees, 28' 19" West, 3.00 feet along the east line of said Parcel 7 to the True Point Of Beginning; Thence North 88 Degrees 31' 41" West, 166.83 feet; Thence North 01 Degrees, 28' 19" East, 17.00 feet; Thence North 88 Degrees 31' 41" West, 127.67 feet to the west line of said Parcel 7. Also as shown on Exhibit II attached hereto and made a part hereof. Prepared under the supervision of: sigriature~ ~~ date Registration/License Expiration Date: ~~Jc~ ~Y~ 1 ~01-AiJD S~~ . ~/, ~ ' v~\ LS 5683 -~0 Exp. ~i\\~' (room for seal) PLAN SHOWING LICENSE AND RIGHT OF ENTRY AGREEMENT AREA ~-GaRrr~uR e~w. R-taaoo~-~ ~ ~------ c~~ea -- c~vr~ H X71'41' M 22dQ0' N ad'3t <t' w 18}.00' . r~ao' -~ ~~, .r ~,• .~~''' ~ ' PARKING SI' w ~ ~+- S, ~~ ~~ z •.-. - M dfi31 ~ 1' w 127.87' ,Y -'~~i ~.ss' /~ ,~ '. - '.-~' ,~ ~~~ ~;~ ~' ~. `~ '/~ _~ y /~,^ K ` 1V~741:Ji 1V RAO ~' - J~~?~'?~}! lxi~o N NTS ' ' ' N18~ l ~ 41 >r 1d8~dI MOf?D'i~ H 8871 00' d~2' 1 T 3d . ,PRC~'06FD NE11r LO11.CrE N~1 ~ , - ' l~3Y41'lr HOTEL SITE ~ ~ l ~ x Q-~'~ p"~~ a s AGREEMENT ( ~ QP ~°s~ x AREA I ~QQ `tirO~\~ I ti~ 0' -~• Mdd'J!'41"M' ''G ~ Q Q QP 11.50' , ~r ~.. say r n rr+n PI"~ A 1 ~..~J =LMC i0'~S K7K~ ?Z N Ee`JI t1' M' ExH~B~-r ~~ ~p~ EXHIBIT III The City of Santa Ana will evaluate the vehicular interaction between the parking lot and hotel sites (See °Exhibit IV") and the MacArthur Boulevard and Hutton Center intersection, for a period of not less than 18 months and not to exceed 60 months, for the implementation of a vehicular access restriction associated with the two sites. If any of the evaluations during the aforementioned time period deems the restriction necessary, the City of Santa Ana will construct a vehicular restraint system (i.e., tire busters} and appurtenant facilities to prevent the vehicular ingress movement from MacArthur Boulevard and the segment of Hutton Center located west of the hotel site, which allows north/south traffic. D:Uiutton EasementExhibitlll.FO.doc SITE PLAN l._.I~ ..Q. q W v 0 ~. Sav?a rMta PL~1 ExH ~B~-r V a~.~,.~.~K. /D ~v ~~ i STATE OF CALIFORNIA } COUNTY OF }SS. } personally On before me, appeared personally lmown to me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose name (s) is/are subscribed to the within instrument and aclrnowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his /her/their signatures (s) on the instrument the person (s) or entity upon behalf of which the person (s) acted, executed the instrument. WITNESS my hand and official seal. Signature (this area for official notarial seal) GOVERNMENT CODE 27361.7 I certify under penalty of perjury that the Notary Seal on the document to which this statement is attached reads as follows: NAME OF THE NOTARY: DATE COMMISSION EXPIItES: COUNTY WHERE BOND IS FILED: COMMISSION NUMBER: MANUFACTURER/VENDORHUMBER: PLACE OF EXECUTION: SIGNATURE: DA' I certify under penalty of perjury and the laws of the State of California that the illegible portion of this document to which this statement is attached reads as follows: '1 he.. Instrv/n~~~'" -' ~~~ Place Execution ~ -~~^~~v ~ YI ~.c Date l" l ~t'lr~, ~ 2 ~ ~ ~~~7 Signature ~.~_~ ~~