HomeMy WebLinkAboutGRAND PLAN 2, LLC 2 -2006
N-2006-022 \ i
RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:
Recorded in Official Records, Orange County
Tom Daly, Clerk-Recorder
1111111111111111111111111111111111111111111111111111111I1111111111111111111 NO FE E
2006000187850 02:41pm 03/22/06
11611 T01 16
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CLERK OF THE COUNCIL
CITY OF SANTA ANA
20 Civic Center Plaza, M-30
Santa Ana, California 92701
ATTN: City Attorney
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 Al!reement. 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 may be signed in multiple
counterparts which, when signed by all Parties shall. constitute a bindil)g agreement.
IN WITNESS WHEREOF, the Parties have signed this Termination Agreement on the date
herein set forth above.
Page 1 of2
Santa Ana License Release 3/2/06
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CITY OF SANTA ANA, a charter city and municipal
corporation duly organized d existing under the
constitution an a s oft 1t~California
By: 0{U'.
Its:
THE GRAND PLAN 2, LLC, a California limited
liability company
By:
~~~
Matthew B. Kaufman, Secretary
APPROVED AS TO FORM
'.~'1
1-_. I~. ((j'~
City Attorney. '1"''''.i" .f
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Page 2 of2
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., "lane Doe, Notary Public")
personally appeared
David N. Ream
Name(s)ofSigner(s)
wpersonally known to me
D proved to me on the basis of satisfactory
evidence
to be the person0 whose name~)G3/!lIC;
subscribed to the within instrument and
acknowledged to me tha~ney executed
the same in ~e'ir authorized
capacity(ies): and that by JilSfher/the'ir
signature(s)on the instrument the person(~ or
the entity upon behalf of which the person0
acted, executed the instrument.
ClAUDIA M. FERNNClEZ
@ Commission # 1633539
~ .- Notary Public - California
! ~ OrongE- County -'
. . ,,' My Comm Explles Jon 25,2010
//--. ~ITNESS my hand and official seal. ~
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V S~'''=ofN''''Y,,"bH~'
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:
Place NotarySClll Above
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner -- D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
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\\cdll-ch\users\CShaw\DesktopIGeneral NotaryFonndoc
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On March 14,2006
, before me, )j~~;a~~~ ~ublici
personally appeared Matthew B. Kaufman
, Notary Public,
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personally known to me
-or-
proved to me on the basis of satisfactory evidence to be the personJ.ll1 whose name~~/~
subscribed to the within instrument and acknowledged to me that@1'3hc/tt'iey executed the
same in ~/hcrfti'lEir authorized capacity(jeS), and that by ~hel ill ,,,ir signature~ on the
instrume'ri the person(ll1, or the entity upon behalf of whicliihe person~ acted, executed
~::~~1:68 - f
Notary Public - CaIIIomIa J
Orange County -
OPTIONAL
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prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
o Individual
o Corporate Officer
DESCRIPTION OF ATTACHED DOCUMENT
Title(s)
o Partner(s)
o Limited
o General
~f mi {\~~/i~-e- Clf\.d
-(<..1'&61\., .
Title O~:tWDocument
o Attorney-In-Fact
o Trustee(s)
o Guardian/Conservator
o Other:
Number Of Pages
Signer is representing:
Name Of Person(s) Or Entity(ies)
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 nMOOrded, 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 92701
Free recording requested by
The City of Sanla Ana per
Government COde Section 6103.
Recorded in Official Records, County of Orange
Gary Granville, Clerk-Recorder
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2001045903611:16arn 07/10/01
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I.S.L. L.J.M. 411.Q93-28,35,36 SE 109
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LICENSE AND RIGHT OF ENTRY
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 JUI.. y 5) 2001
APPROVED AS TO FORM:
~A7Ir-
~M~",r C, Jy A-f-,t'\C1
011.450954.3
THE CITY OF SANTA ANA
A charter city and municipal corporation
Duly organized and existing unde he
Constitution and laws of the Stat f
BY:
DE>SRA KURITA
ASSISTANT CITY MANAGfR
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
BYVPL DlQJ~~
Its: RANDAL S. BESSOLO
MANAGING DIRECTOR
3
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California
County of
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Date
, before me,
On
pi: IJ KA- /(u.1-I1'1'l
personally appeared
Name(s) of Signer(s)
00 personally known to me
o proved to me on the basis of satisfactory
evidence
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1 Nolay NlIIc - CaIIIaIicI "
Orange County -
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to be the person(* whose namefs; is/_
subscribed to the within instrument and
acknowledged to me lhat Re/she/tl=le1 executed
the same in I'ris/her/th<oifo authorized
capacitY(iee1r and that by -ms/her/tjo,ejr
signature.\8)"on the instrument the personpf. or
the entity upon behaif of which the person~
acted, executed the instrument.
WITNESS my hand and official seal.
~~kl.i;Zo~'iP{!7
OPTIONAL
Though the information be/ow 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 ~
Pt Title or Type of Document: ~
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer .
~ Signer's Name: ~
~ 0 Individual Top of thumb here rt
[J Corporate Officer - Title(s): ~
!J [J Partner - 0 Limited '= General ~
<;J =: Attorney in Fact ~.
~ 0 Trustee ~
~i Guardian or Conservator I::>
~ n Other: f:\
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~ Signer Is Representing: ~
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~~~<:;D:.~~-6'~'C.(.,~~~~'{.,:."-"""';'<:'-<<~~~~~~-<:0~'C0~<<...g:,,~~,(..;..,.;<,,,<.;~-<..:<....'<;.;<.,'(;.y'G<.,.~'G<.,.x.:..<..-'<..X,.~-<;Y~
Place Notary Seal Above
Cl1999 National Notary Association' 9350 De Sata Ave" P.O. Bax 2402' Chalswar1h, CA 91313-2402. www_nalr.;,nalnalarIOrg
Prod NO, 5907
Re<lrder: Call TOil-Free 1..800-876..6827
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State of Illinois
County of Cook
)
) ss
)
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
My commission expires: /0/5" /2..=/
day of June
, 2001.
~ O,b~~)
, Notal); blic
OFFICIAL SEAL
MARY D. KLAUS
NOTARY PUBLIC, STATE OF R.lINOIS
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:
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signature / .
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date / /
Registration/License Expiration Date:
9/30 /t; :~
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(room for seal)
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PLAN SHOWING LICENSE AND RIGHT OF ENTRY
AGREEMENT AREA
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EXHIBIT II
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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 (Le., 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:\Hutton EasementExhibitlll.FO.doc
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EXHIBIT
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On before me, personally
appeared personally known 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 acknowledged 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.
STATE OF CALIFORNIA
COUNTY OF
WITNESS my hand and official seal.
Signature
(this area for official notarial seal)
GOVERNMENT CODE 27361.7
I certify under penalty of peIjury that the Notary Seal on the document to which this statement is
attached reads as follows:
NAME OF THE
NOTARY:
DATE COMMISSION EXPIRES:
COUNTY WHERE BOND IS FILED:
COMMISSION NUMBER:
MANUF ACTIJRERlVENDOR NUMBER:
PLACE OF EXECUTION:
DATE:
SIGNATURE:
I certify under penalty of peIjury and the laws of the State of California that the illegible portion
of this document to which this statement is attached reads as follows:
IlK Il1sfru,~~rfI1 ;, "IkJ 11./dft
Place Execution :') o.,,^ i 0, fJ rI r.t
Signature
Date p,1 (['Ve+- 22 I ZOO b
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