HomeMy WebLinkAboutNEXTEL OF CALIFORNIA ,INC. 1 - 2004
A-2004-172
INSUR\NCE NOT ON FILE
wo:n MAY NJI PROCEED
CL¿RK Or COUNCIL
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LAND LEASE AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND NEXTEL
AT THE SANTA ANA STADIUM
C: P!lC$
(Frono)
This Agreement, made this / ¡,""" day of ~, 2004, between the City of Santa Ana, a charter city
and municipal corporation organized and existing under the Constitution and laws of the State of California
hereinafter designated "LESSOR" and NEXTEL OF CALIFORNIA, INe. a Delaware corporation, d/b/a Nextel
Communications, hereinafter designated "LESSEE". The LESSOR and LESSEE are at times collectively referred to
hereinafter as the "Parties".
RECITALS
A. The City of Santa Ana desires to reduce visual blight created by structures such as cellular towers in the city in
part by reducing the number of locations whereby cellular towers are located.
B. On November 16,2001, the City and AT&T wireless entered into an agreement for the installation ofa 65 foot
stealth mono-pine cellular tower and equipment building to be located on the southwest corner of the Santa Ana
Stadium. This agreement was approved and the stealth mono-pine was installed with the intention of City Council
that other cellular companies that wish to place cellular towers in this location in the city could "co-locate" on this
tower.
C. Nextel would like to co-locate an antennae on the AT&T mono-pine as well as lease a portion of the premises
described more completely herein located at the Santa Ana Stadium to install and maintain a secured equipment
facility under the bleachers on the southwest corner of the stadium.
NOW THEREFORE, in consideration of the respective and mutual covenants and promises hereinafter contained
and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as to the following:
1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of property (the
entirety of LESSOR's property is referred to hereinafter as "the Property" and a legal description of the Property is
attached hereto as Exhibit "A"), located at 1104 Civic Center Drive, and being described as a 16.84' by 26.87' parcel
containing approximately Four Hundred Fifty Three (453) square feet and space required for cable runs to connect
LESSEE's equipment and antennas, together with the non-exclusive right for ingress and egress, seven (7) days a week,
twenty-four (24) hours a day, subject to any restrictions stated herein, on foot or motor vehicle, including trucks, and for
the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along a twelve (12')
foot wide right-of-way extending fi'om the nearest public right-of-way, to the demised premises, said demised premises
and right-of-way (hereinafter collectively referred to as the "Premises") for access being substantially as described
herein in Exhibit "B" attached hereto and made a part hereof.
In the event any public utility is unable to use the aforementioned right-of-way, the LESSOR hereby agrees to
grant an alternative right-of-way either to the LESSEE or to the public utility, subject to LESSOR'S approval of location
and size of said alternative right-of-way, at no cost to the LESSEE.
2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the Property and the
Premises, and said survey along with detailed site plans shall then become Exhibit "B" which shall be attached hereto
and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit "A".
Costs incurred for such work shall be borne by the LESSEE.
3. TERM. This Agreement shall be effective as of the date of execution by both parties, provided,
however, the initial term shall be for approximately eight (8) years and shall commence on the Commencement Date
(defined below). This lease is running concurrent with the existing lease with AT&T, so they both expire on the same
year.
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4. EFFECTIVE DA TE/DUE DILIGENCE PERIOD. This Agreement shall be effective on the date
of full execution hereof ("Effective Date"). Beginning on the Effective Date and continuing until the Term
Commencement Date as defined in Paragraph 3 below ("Due Diligence Period"), Nextel shall only be permitted to
enter the Land for the limited purpose of making appropriate engineering and boundary surveys, inspections, and
other reasonably necessary investigations and signal, topographical, geotechnical, structural and environmental tests
(collectively, "Investigations and Tests") that Nextel may deem necessary or desirable to determine the physical
condition, feasibility and suitability of the Premises. In the event that Nextel determines, during the Due Diligence
Period, that the Premises are not appropriate for Nextel's intended use, or if for any other reaSOD, or no reason,
Nextel decides not to commence its tenancy of the Premises, then Nextel shall have the right to terminate this
Agreement without penalty upon written notice to Owner at any time during the Due Diligence Period and prior to
the Term Commencement Date. Owner and Nextel expressly acknowledge and agree that Nextel's access to the
Land during this Due Diligence Period shall be solely for the limited purpose of performing the Investigations and
Tests, and that Nextel shall not be considered an owner or operator of any portion of the Land, and shall have no
ownership or control of any portion of the Land (except as expressly provided in this Paragraph 2), prior to the Term
Commencement Date. In the event Landlord receives an offer ITom a bona-fide third party to lease/license the
Premises, Tenant shall have ten (10) days ITom receipt of notice ITom Landlord to either immediately commence this
Agreement or to terminate, in which event Landlord and Tenant shall be released ITom any contractual obligations
discussed herein.
5.
RENT.
a. After the Commencement Date, rental payments will be due in an annual rental amount of
Fourteen Thousand Four Hundred dollars ($14,400.00) to be paid in equal monthly installments of Twelve Hundred
dollars ($1,200) on the first day of the month, in advance, to LESSOR or to such other person, firm or place as the
LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date.
Rent shall be abated until 30 days after the issuance of a building permit or until four (4) months after the date of
execution of this Agreement, whichever occurs first ("Commencement Date"). If rent is not paid within fifteen (15)
days after the due date, LESSEE agrees to pay a late charge equal to 6% of the then-current monthly rent. Rent shall
be tendered to the LESSOR at the location listed in the notice provision hereto.
b. LESSEE shall pay to LESSOR a one-time consideration of Thirty Thousand and 00/100 Dollars
($30,000) within thirty (30) days of the Commencement Date.
6. ANNUAL RENTAL INCREASES. The rent payments shall be subject to an annual rental
increase of 3 % per year, to be increased on each anniversary of the Commencement Date.
7. DEPOSIT. In recognition that the Commencement Date may not occur concurrent with the
execution of this Agreement by all parties, the LESSEE hereby agrees to pay to the LESSOR upon execution of this
Agreement, a one-time, non-recurring, non-refundable payment equal to one month's rent (the "Rental Deposit").
In the event Tenant commences this Agreement, said Rental Deposit shall be applied to the first month's rent. In the
event Tenant terminates this Agreement prior to the Commencement Date, Landlord shall be entitled to retain the
Rental Deposit as a termination fee.
8 EXTENSIONS. LESSEE is granted options to extend this Agreement for up to three (3) additional
five-year (5) terms unless the LESSEE terminates at the end of the then-current term by giving the LESSOR written
notice of the intent to terminate at least four (4) months prior to the end of the then-current term. After expiration of the
original term, LESSOR reserves the right to deny any such extension, no less than six (6) months before the extended
term ends, if the LESSOR determines, in its reasonable discretion that LESSEE's continued tenancy would not be in
conformity with the LESSOR's intended use of its Property at such time. This lease is running concurrent with the
AT&T lease so any change in terms or issues can be resolved in the same year.
9. GOVERNMENTAL APPROVALS. It is understood and agreed that LESSEE's ability to use the
Premises is contingent upon its obtaining, after the execution date of this Agreement, all of the certificates, pernùts and
other approvals (collectively the "Governmental Approvals") that may be required by any Federal, State or local
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authorities as well as satisfactory soil boring tests which will permit LESSEE's use of the Premises as set forth above.
LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action which would
adversely affect the status of the Property with respect to the proposed use by LESSEE.
Prior to the Commencement Date, in the event that any of such applications for such Governmental Approvals
should be finally rejected or any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise
withdrawn or terminated by the governmental authority or soil boring tests are found to be unsatisfactory so that
LESSEE will be unable to use the Premises for its intended purposes or the LESSEE determines that the Premises is no
longer technically compatible for its intended use, LESSEE shall have the right to terminate this Agreement. Notice of
the LESSEE's exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt
requested, and shall be effective upon the mailing of such notice by the LESSEE. All rentals paid to said termination
date shall be retained by the LESSOR. Upon such termination, this Agreement shall become null and void and all the
Parties shall have no further obligations including the payment of money, to each other.
10. APPROVAL OF PLANS. Prior to commencing construction of LESSEE's Facilities, LESSEE
shall obtain LESSOR's approval of LESSEE's work plans, which approval shall not be unreasonably withheld,
conditioned, or delayed; such approval shall be issued by the Executive Director of the Parks, Recreation and
Community Services Agency or his/her designee. LESSOR shall give such approval or provide LESSEE with its
requests for changes, which changes must comply with all applicable building codes, in writing within fifteen (15)
working days of LESSOR's receipt of LESSEE's work plans. If LESSEE does not receive such approval or request
for changes in writing within such fifteen (15) working day period, LESSOR shall be deemed to have disapproved
the plans. LESSOR shall not be entitled to receive any additional consideration in exchange for giving its approval
of LESSEE's plans.
11. USE. LESSEE shall use the Premises for the purpose of constructing, maintaining and operating a
communications facility incidental to its co-located antennae to be placed on the AT&T owned mono-pine and uses
incidental and all necessary appurtenances (Facility). It is understood by both parties that said facility shall be
constructed as a concrete building to house equipment and supplies needed for collocation on the monopole. LESSEE
must obtain and present to the LESSOR written permission ITom AT&T to co-locate prior to execution of this lease. All
improvements shall be at LESSEE's sole expense and the installation of all improvements shall be at the discretion and
option of the LESSEE, with LESSOR approval, which approval shall not be unreasonably withheld, delayed or
conditioned. Said approval shall be obtained ITom LESSOR prior to commencement of any construction, alterations,
modifications or improvements, LESSEE agrees to submit architectural and engineering drawings ("Plans") of the
equipment to be installed. LESSEE agrees that the installation and maintenance of the Facility shall be effected with all
reasonable diligence and precaution to avoid damage to the land, property or personnel. Notwithstanding the foregoing,
once the initial improvements are installed, LESSEE may replace, substitute, upgrade and expand its equipment, cables
and antennas which comprise its Co-Located Facility for the purpose of repairing or upgrading the communications
capabilities of its Facility, with notice to LESSOR, so long as the equipment, cables or antennas remain within the
original physical parameters of the Premises. LESSEE shall not make any physical and/or aesthetic changes to the
Premises without the prior approval of LESSOR. Any such changes are subject to the provisions of Section 13 contained
herein below. Further, lessee must obtain written permission ITom the owner of the mono-pine prior to any construction
wok on said facility. (LESSEE shall be responsible for the cost of any and all damage to park property including but
not limited to turf, concrete and/or asphalt, buildings and/or apprentices caused by LESSEE regardless of negligence.
LESSOR at its discretion may require LESEE to repair and or replace said damages or contract for said services and bill
LESSEE. The cost of said repairs can be subtracted ITom any deposits retained by LESSOR.
The Facility shall be constructed and maintained in a manner and with materials that are consistent with the
approved plans for the project. The materials actually used must match up with the proposed materials and artistic
renderings. Except in cases of emergency, LESSEE agrees to provide twenty-four hours notice to LESSOR and/or
Owner before any installation, maintenance, replacement or repair is to take place on the Premises. In the event that
maintenance is required, such as the replacement of missing branches or the repainting of the Facility, such maintenance
must be completed by LESSEE within thirty (30) days. Any graffiti placed on the LESSEE'S property shall be removed
in 48 hours upon notification.
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12.
INDEMNIFICATION.
A. Lessee's Indemnity. LESSEE shall indenmify, defend and hold LESSOR its officers, employees,
successors and assigns harmless ITom and against any and all loss, cost, claim, liability ("Claims") occurring on the
Premises and arising out of or connected with the negligence or willful misconduct of LESSEE, its officers, agents,
employees, or contractors except for Claims arising out of (i) the negligence or willful misconduct of LESSOR, its
officers, agents, employees, or contractors; (ii) violation of law by LESSOR, its officers, agents, employees, or
contractors; (iii) the breach of any duty or obligation by LESSOR under this Lease; or (iv) any condition relating to the
Premises which LESSEE has no obligation to repair or maintain.
B. Lessor's Indemnity. LESSOR shall indemnify, defend and hold LESSEE, its officers,
employees, successors and assigns harmless ITom and against any and all loss, cost, claim, liability ("Claims") occurring
on the Premises and arising out of or connected with the negligence or willful misconduct of LESSOR, its officers,
agents, employees, or contractors except for Claims arising out of (i) the negligence or willful misconduct of LESSEE,
its officers, agents, employees, or contractors; (ii) yjolation of law by LESSEE, its officers, agents, employees, or
contractors; (iii) the breach of any duty or obligation by LESSEE under this Lease; or (iv) any condition relating to the
Premises which LESSOR has no obligation to repair or maintain.
13.
INSURANCE.
a. In accordance with the provisions of Section 3300 of the Labor Code, if LESSEE has any
employees it is required to be insured against liability for worker's compensation or to undertake self-insurance.
Prior to commencing performance of this Agreement, LESSEE agrees to obtain and maintain employer's liability
insurance with limits not less than $1,000,000 per accident. If LESSEE has no employees, nor workers'
compensation coverage, it must execute a Declaration available from the City, and update as is necessary.
b. LESSEE shall obtain, at its sole cost, a policy or policies of commercial general liability
insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence.
Such insurance shall: (1) name the City of Santa Ana, its officers, agents, representatives,
employees and volunteers as additional insureds (see sample Exhibit "C"); (2) be primary with respect to insurance
or self-insurance programs maintained by the City; (3) contain standard separation of insureds provisions; and (4)
give to City prompt and timely notice of claim made or suit instituted arising out of Lessee's operations hereunder.
c. LESSEE shall: (a) prior to exercising any right under this Agreement, furnish properly
executed certificates of insurance and additional insured endorsement to the City which shall clearly evidence all
coverages required above; (b) provide that such insurance shall not be materially changed or terminated except on 30
days prior written notice to the City; (c) maintain such insurance for the period covered by this Agreement; and (d)
replace such certificates for policies expiring prior to the expiration of this Agreement.
14. INTERFERENCE. LESSEE's facilities shall not disturb the communications configurations,
eqtripment, and fi'equency which exist on the Property on the date this Lease is fully executed ("Pre- Existing
Communications") and LESSEE's Facilities shall comply with all non-interference rules of the Federal Communications
Commission ("FCC"). LESSOR shall not use, or permit the use of, any portion of the Property in any way which
interferes with LESSEE's use of the Premises or encroaches upon the Premises. In addition to any other rights LESSEE
may have hereunder, LESSEE shall have the right to bring legal action to enjoin such interference against the party
causing any alleged interference. Notwithstanding the foregoing, Pre-Existing Communications operating in the same
manner as on the date this Lease is fully executed shall not be deemed interference. LESSOR shall require any future
tenants, assignees, licensees, or occupants using any portion of the Property for the operation of mobile/wireless or radio
communications facilities to comply with the provisions of this Section.
15. REMOVAL UPON TERMINATION. LESSEE, upon termination of the Agreement, shall, within
ninety (90) days, remove all of LESSEE's fixtutes and all personal property and otherwise restore the Premises
substantially to its original condition, at LESSEE's sole expense, reasonable wear and tear, and casualty excepted. All
fixtures as well as underground condtrits and foundations may remain at LESSOR's option. LESSOR agrees and
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acknowledges that all of the equipment, fIxtures and personal property of the LESSEE shall remain the personal
property of the LESSEE and the LESSEE shall have the right to remove the same, whether or not said items are
considered fIxtutes and attachments to real property under applicable law until the term said lease expires, at said
expiration, if LESSOR exercises its option to cause said fixtures, underground conduits and foundations to remain said
items shall become the property of the LESSOR. Notwithstanding the foregoing, in the event Landlord requires Tenant
to leave its equipment shelter upon Tenant's termination, Landlord shall accept title thereto in its "AS-IS" and
"WHERE-IS" condition, without any representations or warranties of any kind, except for any manufactuter's
warranty(ies), if available. If such time for removal causes LESSEE to remain on the Premises after termination of this
Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing monthly pro-rata basis if based
upon a longer payment term, until such time as the removal of the building, antenna structure, fixtutes and all personal
property are completed. Antenna support structure and all utilities cabling and wiring shall remain at LESSOR's
option.
16. RECORDING AND OUlTCLAIM DEED. If requested by LESSEE, LESSOR agrees promptly to
execute and deliver to LESSEE a recordable Memorandum of this Land Lease Agreement in the form of Exhibit "F".
LESSEE agrees to execute and record a quitclaim deed or other instrument evidencing the termination of LESSEE's
interest in the Property upon the expiration or termination of this Lease.
17. RIGHTS UPON SALE. Should the LESSOR, at any time during the term of this Agreement,
decide to sell all or any part of the Property to a purchaser other than LESSEE, such sale shall be under and subject to
this Agreement and LESSEE's rights hereunder, and any sale by the LESSOR of the portion of this Property underlying
the right-of-way herein granted shall be under and subject to the right of the LESSEE in and to such right-of-way.
18. OUlET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and performing the
covenants shall peaceably and quietly have, hold and enjoy the Premises, provided however, that LESSOR shall have
the right and privilege to conduct City business on the Property, as necessary. "City business" shall include, but not be
limited to the following: minor maintenance, minor landscaping, minor construction, concessionaires, and City
sponsored events, located near the Premises, so long as the City business does not interfere with or impair the operation
of LESSOR's Facility.
19. TITLE. LESSOR covenants that LESSOR is seized of good and sufficient title and interest to the
Property and has full authority to enter into and execute this Agreement. LESSOR further covenants that there are no
other liens, judgments or impediments of title on the Property or affecting LESSOR's title to the same and that there are
no covenants, easements or restrictions which prevent the use of the Premises by the LESSEE as set forth above.
20. NO LIENS. LESSEE will not permit any mecharrics' or materialmen's liens on the Property for
any labor or material furnished to LESSEE in connection with work performed. LESSEE shall have the right to contest
the validity, nature, or amount of any such lien but, upon the fInal determination of such questions, shall immediately
pay any adverse judgment rendered with all proper costs and charges and have the lien released at its own expense. If
LESSEE desires to contest any such lien, then prior to commencing such contest, it will post a bond, where necessary, to
release the lien.
21.
MISCELLANEOUS LESSEE RESPONSIBILITIES.
a. Electromagnetic Fields. LESSEE shall comply with all present and future laws, orders and
regulations relating to Electromagnetic Fields ("EMFs") and other related health issues directly applicable to its
operation of the Facility, as well as the American National Standards Institute (ANSI) standards. Without limiting the
provisions of LESSEE's indemnity contained herein, LESSEE, on behalf of itself and its successors and assigns, shall
indemnifY LESSOR ITom and against all claims of personal injuries due to EMF's to the extent such personal injuries
are actually caused by LESSEE's Facilities on the Premises.
b. LESSEE shall maintain LESSEE's Facilities and shall make all repairs to the Premises
necessitated require LESSEE to make repairs to and/or replace damaged equipment and or any parts thereto regardless
of fault (including but not limited to damage caused by vandalism or acts of god not later than one week after said
damage is reported to LESSEE. This time period may be extended with written authorization ITom the Executive
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Director of Parks and Recreation. In the event such authorization is not given and repairs are not made in one week,
LESSOR may cause such repairs to be made including making said repairs and/or hiring a consultant to make said
repairs. LESSOR may charge the LESSEE for the cost of said services. Damage caused by graffiti shall be removed
within 48 hours notification to the LESSEE by the LESSOR. If said graffiti is not removed within the 48 hour period,
City may remove said graffiti and bill LESSEE for the cost of services.
c. LESSEE shall pay all personal property taxes assessed directly against its equipment and all
increases in LESSOR's real property taxes or assessments directly attributable to installation of LESSEE's equipment or
LESSEE's use of the Premises, within sixty (60) days after receipt of satisfactory documentation indicating calculation
of LESSEE's share of such real estate taxes and proof of payment. Landlord acknowledges thaI: (i) the Tenant
Facilities are deemed personal property and (ii) Tenant pays all personal property taxes on the Tenant Facilities
directly to the State of California. In the event Landlord's real property taxes on the Property are increased as a
direct result of the presence of the Tenant Facilities thereon, Tenant shall reimburse Landlord for such increase,
provided that Landlord cooperates with Tenant, at Tenant's sole cost and expense, in filing an appeal against such
increase. Landlord shall not be entitled to any additional consideration for giving its cooperation. Additionally,
Tenant shall be entitled to keep all amounts recovered fi'om such appeal.
d. LESSOR grants LESSEE the right to obtain utilities for the operation of its Facility.
LESSEE shall be responsible directly to the serving entities for any and all utilities required by LESSEE for its use of
the Premises. LESSOR shall cooperate with LESSEE in its efforts to obtain utilities fi'om any location provided by
LESSOR or the servicing utility, including signing any easement or other instrument reasonably required by the utility
company.
e. LESSEE shall have the right to replace or repair its equipment or any portion thereof during
the term of this Agreement. LESSEE will maintain the Premises in a good condition, reasonable wear and tear excepted.
22. INTEGRATION. It is agreed and understood that this Agreement contains all agreements, promises
and understandings between the LESSOR and LESSEE and that no verbal or oral agreements, promises or
understandings shall be binding upon either the LESSOR or LESSEE in any dispute, controversy or proceeding at law,
and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and
signed by the Parties. In the event any provision of the Agreement is found to be invalid or unenforceable, such fmding
shall not effect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party
to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under
the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take
such action as may be lawful and authorized under this Agreement, either in law or in equity.
23. GOVERNING LAW. This Agreement and the performance thereof shall
interpreted, construed, and regulated by the laws of the State of California, with venue in Orange County.
be governed,
24. ATTORNEYS' FEES. The substantially prevailing party in any legal action or lawsuit arising
hereunder shall be entitled to its reasonable attorneys' fees and court costs, including appeals, if any.
25. ASSIGNMENT. LESSEE will not assign or transfer this Agreement or sublet any portion of the
Premises without the prior written consent of LESSOR, which consent will not be unreasonably withheld, delayed or
conditioned; provided, however, that LESSEE shall have the right to sublease or assign its rights under this Agreement
to any of its subsidiaries, affiliates, or successor legal entities, or to any entity acquiring substantially all of the assets of
LESSEE, evidence of such acquisition to be provided to LESSOR by LESSEE. This agreement shall run with the
property and shall be binding upon and inure to the benefit of the parties, their respective successors, personal
representatives, heirs and assigns. Notwithstanding anything to the contrary contained in this Agreement, LESSEE may
assign, mortgage, pledge, hypothecate or otherwise transfer without notice or consent it interest in this Agreement to
any fmancial entity, or agent on behalf of any fInancing entity to whom LESSEE (i) has obligations for borrowing
money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentutes, notes or similar
instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or
in respect of guarantees thereof.
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26. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent
by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery
service and provided further that it guarantees delivery to the addressee by the end of the next business day following the
courier's receipt ITom the sender, addressed as follows (or any other address that the Party to be notified may have
designated to the sender by like notice):
LESSOR:
Courtesy
Copy to:
LESSEE:
Copy to:
City of Santa Ana
Executive Director
Parks, Rec. & Community Services (M-23)
888 W. Santa Ana Blvd.
Santa Ana, CA 92702
City of Santa Ana - Office of the City Attorney
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Nextel of California, Inc.
310 Commerce
Irvine, CA 92602
Attn: Property Manager
Phone: (714) 368-3500
Nextel Communications, Inc.
2001 Edmund Halley Drive
Reston, VA 20191-3436
Second Floor, Mail Stop 2E225
Attn: Site Leasing Services, Contracts Manager
Notice shall be effective upon mailing or delivering the same to a commercial courier, as permitted above.
27. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representatives,
successors, arhninistrators and assigns of the Parties hereto.
28.
RELOCATION RIGHT.
a. Anytime after the expiration of the original term, LESSOR shaH have the one-time right,
upon redevelopment of LESSOR's property, to relocate LESSEE's Communications Facility to alternate space within
LESSOR's property, if available; provided however, that such relocation shall (I) be at LESSOR's cost and expense, (2)
be performed by LESSEE or its agents, (3) not result in any interruption of the communications service provided by
LESSEE on LESSOR's property, (4) not impair, or in any manner alter, the quality of communications service provided
by LESSEE on and ITom LESSOR's property, and (5) be done in accordance with subsections B. and C. below. Upon
relocation of LESSEE's Facility, the access and utility rights of way will be relocated as required, in the sole discretion
of LESSEE, to operate and maintain its Facility.
b. LESSOR shall exercise its relocation right under Paragraph A above by (and only by)
delivering written notice (the ''Notice'') to LESSEE. In the Notice, LESSOR shall propose an alternate site within or on
LESSOR's property to which LESSEE may relocate its Communications Facility. LESSEE shall have sixty (60) days
fi'om the date it receives the Notice to evaluate LESSOR's proposed relocation site, during which period LESSEE shall
have the right to conduct tests to determine the technological feasibility of the proposed relocation site. If LESSEE fails
to approve of such proposed relocation site in writing within the sixty-day period, LESSEE shall be deemed to have
disapproved such proposed relocation site. If LESSEE disapproves such relocation site, then LESSOR may thereafter
propose another relocation site by Notice to Tenant in the manner set forth above. Any relocation site which LESSOR
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and LESSEE agree upon in writing shall be referred to as the "Relocation Site". LESSEE shall have a period of not less
than twelve (12) months after execution of a written agreement between the parties concerning the location and
dimensions of the Relocation Site to relocate its Communications Facility to the Relocation Site.
Upon relocation of LESSEE's Communications Facility to the Relocation Site, all references to the Premises herein
shall be deemed to be references to the Relocation Site. LESSOR and LESSEE agree that the Relocation Site (including
the access and utility right of way) may be surveyed by a licensed surveyor at the sole cost of LESSEE, and such survey
will then replace Exhibit "B" and become a part hereof and will control or describe the Premises. Except as expressly
provided, LESSOR and LESSEE hereby agree that in no event will the relocation of the LESSEE's Facility, or any part
thereof, under Paragraph A above, affect, alter, modifY or otherwise change any of the terms and conditions of this
Agreement.
c. Should the parties fail to agree on a suitable Relocation Site, LESSOR may pay LESSEE the
depreciated value for its Communications Facility and equipment should the Premises be needed for a governmental
purpose.
29. DEFAULT. In the event there is a default by either party with respect to any of the provisions of
this Agreement or its obligations under it, including the payment of rent, the non-defaulting party shall give the
defaulting party written notice of such default. After receipt of such written notice, the defaulting party shall have fifteen
(15) days in which to cure any monetary default and thirty (30) days in which to cure any non-monetary default,
provided the defaulting party shall have such extended period as may be required beyond the thirty (30) days if the
nature of the cure is such that it reasonably requires more than thirty (30) days and the defaulting party commences the
cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. The
non-defaulting party may not maintain any action or effect any remedies for default against the defaulting party unless
and until the defaulting party has failed to cure the same within the time periods provided in this Paragraph. If either
party commences an action against the other party arising out of or in connection with this Lease, the prevailing party
shall be entitled to have and recover fi'om the losing party reasonable attorney's fees and costs of suit.
30.
ENVIRONMENTAL.
a. As of the Effective Date of this Agreement: (I) Tenant hereby represents and warrants that it shall
not use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon or affecting the Land in
violation of any Environmental Law (as defined below), and (2) Landlord hereby represents and warrants that (i) it
has no knowledge of the presence of any Hazardous Material located in, on, under, upon or affecting the Land in
violation of any Environmental Law; (ii) no notice has been received by or on behalf of Landlord from, and Landlord
has no knowledge that notice has been given to any predecessor owner or operator of the Land by, any governmental
entity or any person or entity claiming any violation of, or requiring compliance with any Environmental Law for any
environmental damage in, on, under, upon or affecting the Land; and (iii) it will not permit itself or any third party to
use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon, or affecting the Land in
violation of any Environmental Law.
b. Without limitation of Paragraph 14, Landlord and Tenant shall each indemnifY, defend and hold
the other harmless ITom and against all Losses arising from (i) any breach of any representation or warranty made in
this Paragraph 18 by such party; and/or (ii) environmental conditions or noncompliance with any Environmental Law
(as defined below) that result, in the case of Tenant, from operations in or about the Land by Tenant or Tenant's
agents, employees or contractors, and in the case of Landlord, from the ownership or control of, or operations in or
about, the Land by Landlord or Landlord's predecessors in interest, and their respective agents, employees,
contractors, tenants, guests or other parties. The duties described in this Paragraph 18 shall apply as of the Effective
Date of this Agreement and survive termination of this Agreement.
c. "Hazardous Material' means any solid, gaseous or liquid wastes (including hazardous wastes),
regulated substances, pollutants or contaminants or terms of similar import, as such terms are defined in any
Environmental Law, and shall include, without limitation, any petroleum or petroleum products or by-products,
flanunable explosives, radioactive materials, asbestos in any form, polychlorinated biphenyls and any other
substance or material which constitutes a threat to health, safety, property or the environment or which has been or is
8
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CA 7007D Lease 8-11-04 tg rg
in the futute determined by any governmental entity to be prohibited, limited or regulated by any Environmental
Law.
d. "Environmental Law" means any and all federal, state or local laws, rules, regulations, codes,
ordinances, or bywlaws, and any judicial or administrative interpretations thereof, including orders, decrees,
judgments, rulings, directives or notices of violation, that create duties, obligations or liabilities with respect to: (i)
human health; or (ii) environmental pollution, impairment or disruption, including, without limitation, laws
governing the existence, use, storage, treatment, discharge, release, containment, transportation, generation,
manufacture, refinement, handling, production, disposal, or management of any Hazardous Material, or otherwise
regulating or providing for the protection of the environment
31. CASUALTY. In the event of damage by fIre or other casualty to the Premises that cannot
reasonably be expected to be repaired within sixty (60) days following same or, if the Property is damaged by fire or
other casualty so that such damage may reasonably be expected to disrupt LESSEE's operations at the Premises for
more than sixty (60) days, then LESSEE may at any time following such fire or other casualty, provided LESSOR has
not commenced the restoration required to permit LESSEE to resume its operation at the Premises, terminate this Lease
upon twenty (20) days written notice to LESSOR. Any such notice of termination shall cause this Lease to expire with
the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of
this Lease and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments
due to the other under this Lease.
32. CONDEMNATION. In the event of any condemnation of the Premises, LESSEE may
terminate this Lease upon fifteen (15) days written notice to LESSOR. LESSEE may on its own behalf make a claim in
any condenmation proceeding involving the Premises for losses related to the antennas, equipment, its relocation costs
and its damages and losses (but not for the loss of its leasehold interest). Any such notice oftermination shall cause this
Lease to expire with the same force and effect as though the date set forth in such notice were the date originally set as
the expiration date of this Lease and the parties shall make an appropriate adjustment as of such termination date with
respect to payments due to the other under this Lease.
33. SUBMISSION OF LEASE. The submission of this Lease for examination does not constitute an
offer to lease the Premises and this Lease becomes effective only upon the full execution of this Lease by the Parties. If
any provision herein is invalid, it shall be considered deleted ITom this Lease and shall not invalidate the remaining
provisions of this Lease.
34. APPLICABLE LAWS. LESSEE shall use the Premises for the use described above in Section
lOin accordance with applicable laws, rules and regnlations. LESSOR agrees to keep the Property in conformance
with all applicable, laws, rules and regulations and agrees to reasonably cooperate with the LESSEE regarding any
compliance required by the LESSEE in respect to its use of the Premises.
35. SURVIVAL. The provisions of the Agreement relating to indemnification ITom one Party to the
other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this
Agreement which require performance subsequent to the termination or expiration of this Agreement shall also survive
such tennination or expiration.
36. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are
not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the
Agreement.
37. PROPERTY SPECIFIC ACCESS RULES/REGULATIONS. LESSEE agrees to abide by all rules
and regulations of the Property and Premises imposed by LESSOR as set forth in Exhibit "D", attached hereto, as the
same may be changed ITom time to time upon reasonable notice to LESSEE. These rules and regulations are specific to
the Facilities site and are imposed to insure the proper maintenance, good order and reasonable use of the Premises and
Property and as may be necessary for the enjoyment of the Premises and Property by both parties hereto. Said rules and
regulations and any modification or amendment thereto shall be applied in a nondiscriminatory fashion and shall not
9
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CA7007D Lease 8-11-04 tgrg
interfere with the operation of Tenant's business or its rights under the Lease. In the event of a conflict between the
rules and regulations and the Lease, the Lease shall prevail.
38. POWERING DOWN DURING MAINTENANCE/REPAIR. (Not applicable to fi'ee-
standing/independent Communications Facilities). LESSEE agrees that during all maintenance on the Communications
Facility by the LESSOR or other lessees or users of the Facility, while following the procedures and guidelines set forth
by the Occupational Safety and Health Administration (OSHA) and the FCC implementing the National Environmental
Policy Act of 1969, when continuing transmission is deemed unsafe for maintenance personnel (based upon standards
promulgated by a governmental authority having jurisdiction over LESSEE) due to radiation, the effected transmitters of
LESSEE will be turned off until the unsafe condition no longer exists. The earliest practicable notice will be given to
LESSEE using the information in Exhibit "E" (as applicable).
39.
TERMINATION.
a. Compelled T errnination: If, during the Lease term, there is a determination made pursuant to an
unappealable order of a county, state, or national governmental health agency having proper jurisdiction that LESSEE's
use of the Premises poses a human health hazard which cannot be remedied, then LESSEE shall immediately cease all
operations on the Premises and this Lease shall terminate as of the date of such order. In the event the Federal
Communications Commission, or any successor agency, makes a determination which is final and non-appealable or
which is affirmed and becomes final after the exhaustion of all available appeals concluding that the LESSEE's use
as set forth in this Agreement presents a material risk to the public health or safety, LESSOR may terminate this
Agreement upon fourteen days notice to LESSEE.
b. Termination by LESSEE: LESSEE may terminate this Agreement by notice to LESSOR if (i) LESSEE
does not obtain all permits, consents, easements, non-disturbance agreements or other approvals (collectively
"approval") reasonably desired by LESSEE or required ITom any governmental authority or any third party related to
or reasonably necessary to operate the Facility, or if any such approval is canceled, expires or is withdrawn or
terminated without any fault of LESSEE, or (ii) if LESSOR fails to have proper ownership of the Premises or the
authority to enter into this Agreement, or (iii) after the first 10 years, only with twelve (12) months' written notice to
LESSOR or (iv) by LESSEE if LESSEE is unable to occupy and utilize the Premises due to an action of the FCC,
including without limitation, a take back of channels or change of ITequencies; or (v) by LESSEE if any
environmental report for the land reveals the presence of any Hazardous Materials after the term Commencement
Date; or (vi) by LESSEE if LESSEE determines that the Premises are not appropriate for its operations for
technological reasons, including, without limitations, signal interference. Upon termination, all prepaid rent shall be
retained by LESSOR, unless termination is pursuant to (ii) above or is the result of LESSOR's default.
c. Termination by LESSOR: LESSOR may terminate this Agreement if LESSEE fails to perform any of its
obligations pursuant to this Agreement (including all attached Exhibits/Attachments) after giving written notice to
LESSEE and reasonable time to cure.
40.
WAIVER OF LESSOR'S LIENS
a. LESSOR waives any lien rights it may have concerning the LESSEE'S Facilities, all of which
are deemed LESSEE'S personal property and not fixtures, and LESSEE has the right to remove the same at any time
without LESSOR'S consent.
b. LESSOR acknowledges the LESSEE has entered into a financial arrangement including
promissory notes and financial and security agreements for the financing of the LESSEE'S equipment (Collateral)
with a third party financing entity (and may in the future enter into additional financing aITangements with other
financing entities). In connection therewith, LESSOR (i) consents to the installation of the Collateral; (ii) disclaims
any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt fi'om
execution, foreclosures, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral
may be removed at any time without recourse to legal proceedings.
CA7007D Lease 8-11-04 tg rg
AY
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10
41. MISCELLANEOUS PROVISIONS.
a. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and each party shall indemnity
the other fully, including reasonable costs and attorney's fees, for any injuries or damages incurred in the event that such
authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the
body of this Agreement.
c. LESSOR shall not have unsupervised access to LESSEE's equipment and Facility, except in cases
of exigent circumstances or emergency situations.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the date and year first above written.
ATTEST:
~o^
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney I .
By:: ~
MIKE VIGLIOTTA
Deputy City Attorney
RECOMMENDED FOR APPROVAL:
~-1
Gerardo Mouet Actin
Parks, Recreation &
CA 70070 Lease 8-11-04 tg rg
CITY OF SANTA ANA
DAVIDMa
g~ie~anagf / 1-~ / ð L(
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LESSEE
Nextel of California, Inc.
a Delaware corporation,
':~~;;.:;~
By: Eric W druff
Title: Direc/í. of Site Development
Date: ¡ I(k"
I ,
Employer ID # or Individual SS#
II
EXHIBIT "A"
LEGAL DESCRIPTION
OF THE PROPERTY
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE COUNTY OF ORANGE, STATE OF
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF THE LAND ALLOTTED TO JULIAN CHAVES, IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE FINAL DECREE OF
PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY OF
ORANGE, STATE OF CALIFORNIA, WHICH WAS ENTERED SEPTEMBER 12,1868 IN BOOK "B" PAGE
410 OF JUDGMENTS OF THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT IN AND FOR LOS
ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE CENTERLINE OF THE EIGHTH STREET (NOW CIVIC CENTER DRIVE),
SAID POINT BEING 50 FEET WESTERLY FROM THE INTERSECTION OF THE EXTENDED CENTERLINE
OF FLOWER STREET, AS SAID STREET EXISTS NORTHERLY FROM EIGHTH STREET WITH THE
CENTERLINE OF EIGHTH STREET; THENCE SOUTHERLY AND PARALLEL TO A STRAIGHT LINE
DRAWN BETWEEN A POINT ON THE CENTERLINE OF EIGHTH STREET, SAID POINT BEING 10 FEET
WESTERLY FROM THE EXTENDED CENTERLINE OF SAID FLOWER STREET, TO A POINT ON THE
CENTERLINE OF SIXTH STREET, SAID POINT BEING DISTANT 309.60 FEET WESTERLY FROM THE
INTERSECTION OF THE CENTERLINE OF GARNSEY STREET EXTENDED NORTHERLY AS SHOWN ON A
MAP OF ROSS ADDITION TO SANTA ANA, RECORDED IN BOOK 3 PAGES 534 AND 535 OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA WITH THE CENTERLINE OF
SIXTH STREET TO AN INTERSECTION WITH A LINE DRAWN PARALLEL TO AND DISTANT 330 FEET
SOUTHERLY FROM THE CENTERLINE EIGHTH STREET, SAID LINE BEING THE SOUTHERLY LINE OF
THAT CERTAIN PARCEL OF LAND CONVEYED BY BERTHA SACKMAN TO JOHN WILLIAM SACKMAN
BY DEED RECORDED IN BOOK 227 PAGE 300 OF DEEDS, RECORDS ORANGE COUNTY, CALIFORNIA;
THENCE WESTERLY ALONG SAID LAST MENTIONED LINE TO AN INTERSECTION WITH THE
CENTERLINE OF OLIVE STREET, AS SAID OLNE STREET EXISTED PRIOR TO 1933; THENCE
NORTHERLY ALONG THE CENTERLINE OF OLIVE STREET, TO AN INTERSECTION WITH THE
CENTERLINE OF EIGHTH STREET; THENCE EASTERLY ALONG THE CENTERLINE OF EIGHTH STREET
TO THE POINT OF BEGINNING.
PARCEL 2:
ALL THAT PORTION OF THE LAND ALLOTTED TO JULIAN CHAVES, IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE FINAL DECREE OF
PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12,
1868 IN BOOK "B" PAGE 410 OF JUDGMENTS OF THE DISTRICT COURT OF THE 17TH JUDICIAL
DISTRICT IN AND FOR LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF SIXTH STREET WITH THE
CENTERLINE OF FLOWER STREET, AS SHOWN ON A MAP OF THE ROSS ADDITION TO SANTA ANA,
RECORDED IN BOOK 3 PAGES 534 AND 535 OF MISCELLANEOUS RECORDS OF LOS ANGELES
COUNTY, CALIFORNIA; THENCE NORTHERLY ON THE WEST LINE OF BLOCK B OF THE CHILTON
TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 34 PAGE 93, MISCELLANEOUS RECORDS OF LOS
ANGELES COUNTY, CALIFORNIA, 5.10 CHAINS TO THE NORTHERLY LINE OF LAND CONVEYED BY
JACOB ROSS TO ALEXANDER T. OLIVER BY DEED RECORDED MARCH 12, 1877 IN BOOK 52 PAGE
383 RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; THENCE WESTERLY ALONG SAID NORTH
LINE 5.41 CHAINS, MORE OR LESS, TO THE CENTERLINE OF OLIVE STREET, AS SAID OLIVE STREET
EXISTED PRIOR TO 1933; THENCE SOUTHERLY ALONG SAID CENTERLINE 5.10 CHAINS TO THE
12
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CA 700m Lease 8-11-04 tg rg
CENTERLINE OF SIXTH STREET; THENCE EAST ALONG THE CENTERLINE OF SIXTH STREET TO
THE POINT OF BEGINNING.
PARCEL 3:
ALL THAT PORTION OF THE LAND ALLOTTED TO mLIAN CHAVES, IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE FINAL DECREE OF
PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12,
1868 IN BOOK "B" PAGE 410 OF JUDGMENTS OF THE DISTRICT COURT OF THE 17TH JUDICIAL
DISTRICT IN AND FOR LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE CENTERLINE OF OLIVE STREET, SAID POINT BEING 23.57
CHAINS WEST FROM THE NORTHEAST CORNER OF A SAID LAND ALLOTTED TO mLIAN CHAVES;
RUNNING THENCE SOUTH 545.70 FEET TO A POINT 25 FEET SOUTH OF THE EXTENDED NORTH
LINE OF BLOCK B OF GROUARD'S ADDITION TO THE TOWN OF SANTA ANA, AS SHOWN ON A MAP
RECORDED IN BOOK 23 PAGE 38 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA; THENCE WEST PARALLEL TO THE NORTH LINE OF SIXTH STREET 173.76 FEET, MORE
OR LESS, TO A POINT 400 FEET EAST OF THE WEST LINE OF BLOCK B OF SAID GROUARD'S
ADDITION; THENCE NORTH 25 FEET TO THE NORTH LINE OF BLOCK B OF SAID GROUARD'S
ADDITION; THENCE WEST 250 FEET TO A POINT 150 FEET EAST OF THE NORTHWEST CORNER OF
LOT 11 IN BLOCK B OF SAID GROUARD'S ADDITION; THENCE NORTH 34 FEET; THENCE WEST
371.50 FEET TO THE SOUTHWEST CORNER OF THE 2 Y, ACRE TRACT CONVEYED TO LOTTIE J.
GROUDARD BY DEED RECORDED MAY 29, 1915 IN BOOK 241 PAGE 293 OF DEEDS, RECORDS OF
ORANGE COUNTY, CALIFORNIA; THENCE WEST 488.65 FEET TO THE NORTHWEST CORNER OF
SAID 2 y, ACRE TRACT; THENCE EAST 795 FEET TO THE POINT OF BEGINNING.
PARCEL 4:
ALL THAT PORTION OF THE LAND ALLOTTED TO mLIAN CHAVES, IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE FINAL DECREE OF
PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12,
1868 IN BOOK "B" PAGE 410 OF mDGMENTS OF THE DISTRICT COURT OF THE 17TH JUDICIAL
DISTRICT IN AND FOR LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
THE NORTHERLY 336.65 FEET OF THAT CERTAIN PARCEL 1 OF LAND DESCRIBED AS FOLLOWS:
BEGINNING 11.87 CHAINS WEST OF THE CORNER OF OLIVE AND FIFTH STREETS IN THE ROSS
ADDITION TO SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 3 PAGES 534 AND 535 OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; THENCE NORTH 15.17
CHAINS; THENCE WEST 4 CHAINS; THENCE SOUTH 15.17 CHAINS; THENCE EAST 4 CHAINS TO THE
POINT OF BEGINNING.
PARCEL 5:
ALL THAT PORTION OF THE LAND ALLOTTED TO mLIAN CHAVES, IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE FINAL DECREE OF
PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12,
1868 IN BOOK "B" PAGE 410 OF JUDGMENTS OF THE DISTRICT COURT OF THE 17TH mDICIAL
DISTRlCT IN AND FOR LOS ANGELES COUNTY, CALIFORNIA, DESCRlBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF CONSTANTINE'S ADDITION TO THE TOWN OF SANTA
ANA, AS SHOWN ON A MAP RECORDED IN BOOK 23 PAGE 32 OF MISCELLANEOUS RECORDS OF LOS
ANGELES COUNTY, CALIFORNIA; THENCE NORTH 154.83 FEET, MORE OR LESS, TO A POINT IN THE
EAST LINE OF AND DISTANT 336.65 FEET SOUTHERLY FROM THE NORTHEAST CORNER OF THAT
CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS:
CA 700m Lease 8-11-04 tg rg
13
"BEGINNING 11.87 CHAINS WEST OF THE CENTER LINE OF OLIVE AND FIFTH STREETS IN ROSS
ADDITION TO SANTA ANA, AS SHOWN ON MAP RECORDED IN BOOK 3 PAGES 534 TO 535 OF
MISCELLANEOUS RECORDS TO LOS ANGELES COUNTY, CALIFORNIA; THENCE NORTH 15.17
CHAINS; THENCE WEST 4 CHAINS; THENCE SOUTH 15.17 CHAINS; THENCE EAST 4 CHAINS TO THE
POINT OF BEGINNING."
THENCE WESTERLY ALONG A LINE DRAWN PARALLEL TO AND DISTANT 336.65 FEET SOUTHERLY
FROM THE NORTH LINE OF THAT CERTAIN PARCEL OF LAND LAST DESCRIBED ABOVE TO ITS
INTERSECTION WITH THE WEST LINE OF SAID PARCEL LAST DESCRIBED ABOVE; THENCE
SOUTHERLY ALONG THE WEST LINE OF SAID PARCEL 155.07 FEET, MORE OR LESS, TO ITS
INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID
CONSTANTINE'S ADDITION TO THE TOWN OF SANTA ANA; THENCE EAST IN A DIRECT LINE TO
THE POINT OF BEGINNING.
PARCEL 6:
LOTS 11, 12, 13, 14, AND 15 OF CONSTANTINE'S ADDITION TO THE TOWN OF SANTA ANA, IN THE
CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 23 PAGE 32 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA, TOGETHER WITH THE FOLLOWING:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 15 OF SAID CONSTANTINE'S ADDITION TO THE
TOWN OF SANTA ANA; THENCE WEST TO A POINT 17.80 FEET EAST FROM THE SOUTHEAST
CORNER OF LOT 27 OF MCFADDEN-WILSON ADDITION TO SANTA ANA, AS SHOWN ON A MAP
RECORDED IN BOOK 28 PAGE 9 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA; THENCE NORTH ALONG A LINE DRAWN PARALLEL WITH THE EAST LINE OF SAID
LOT 27 AND THE NORTHERLY PROLONGATION THEREOF TO ITS POINT OF INTERSECTION WITH
THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID CONSTANTINE'S ADDITION
TO THE TOWN OF SANTA ANA; THENCE EAST IN A DIRECT LINE TO THE NORTHWEST CORNER OF
LOT 15 OF SAID CONSTANTINE'S ADDITION TO THE TOWN OF SANTA ANA; THENCE SOUTH IN A
DIRECT LINE TO THE POINT OF BEGINNING.
PARCEL 7:
LOTS 9,10,11, AND 12 OF GlLMACHER'S ADDITION TO THE TOWN OF SANTA ANA, IN THE CITY OF
SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN
BOOK 23 PAGE 37 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA.
PARCEL 8:
LOTS I THROUGH II INCLUSIVE IN BLOCK B OF GROUARD'S ADDITION TO THE TOWN OF SANTA
ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A
MAP RECORDED IN BOOK 23 PAGE 38 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA; TOGETHER WITH THE FOLLOWING:
BEGINNING AT A POINT IN THE SOUTHERLY LINE OF LOT 1 IN BLOCK B OF SAID GROUARD'S
ADDITION TO THE TOWN OF SANTA ANA, DISTANT 15.89 FEET EAST FROM THE SOUTHWEST
CORNER OF SAID LOT 1; THENCE EAST ALONG THE SOUTHERLY LINE OF SAID LOT 1 AND THE
EASTERLY PROLONGATION THEREOF; 46 FEET TO A POINT ON THE WEST LINE OF OLIVE STREET
AND THE TRUE POINT OF BEGINNING HEREOF; THENCE NORTH, PARALLEL WITH THE EAST LINE
OF SAID LOT 1,100 FEET TO A POINT DISTANT 25 FEET SOUTHERLY FROM THE EASTERLY
PROLONGATION OF THE NORTH LINE OF BLOCK B OF SAID GROUARD'S ADDITION TO THE TOWN
OF SANTA ANA; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID LOT 1 AND THE
EASTERLY PROLONGATION THEREOF TO THE EAST LINE OF SAID LOT I; THENCE SOUTH 100 FEET
CA 7007D Lease 8~ 11-04 tg rg
14
ALONG SAID EAST LINE TO SAID SOUTHERLY LINE OF SAID LOT; THENCE EAST IN A DIRECT LINE
TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF LOTS 1,2, AND 3 DESCRIBED IN THE DEED TO THE
CITY OF SANTA ANA, A MUNICIPAL CORPORATION RECORDED JANUARY 13, 1933 IN BOOK 593
PAGE 252 OF OFFICIAL RECORDS.
PARCEL 9:
ALL THAT PORTION OF THE LAND ALLOTTED TO JULIAN CHAVES, IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE FINAL ORDER OF PARTITION
OF THE RANCHO SANTIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12, 1868 IN BOOK
"B" PAGE 410 OF JUDGMENTS OF THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT IN AND
FOR LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 11 IN BLOCK B OF GROUARD'S ADDITION TO
THE TOWN OF SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 23 PAGE 38 OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; THENCE NORTH ALONG THE
WEST LINE OF SAID LOT 125 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
NORTH 34 FEET ALONG THE NORTHERLY PROLONGATION OF THE WEST LINE OF SAID LOT;
THENCE EAST PARALLEL WITH THE NORTH LINE OF BLOCK B OF SAID GROUARD'S ADDITION 150
FEET; THENCE SOUTH PARALLEL WITH THE PROLONGATION OF THE WEST LINE OF SAID LOT II.
34 FEET TO A POINT ON THE NORTH LINE OF SAID BLOCK B; THENCE WEST ALONG THE NORTH
LINE OF SAID BLOCK B, 150 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 10:
THAT PORTION OF OLIVE STREET IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF
CALIFORNIA, BOUNDED ON THE SOUTH BY SIXTH STREET; BOUNDED ON THE WEST BY THAT
CERTAIN LAND DESCRIBED IN THE DEED TO THE CITY OF SANTA ANA RECORDED MAY 10, 1934 IN
BOOK 672 PAGE 350 OF OFFICIAL RECORDS; BOUNDED ON THE NORTH BY THAT CERTAIN LAND
DESCRIBED IN THE DEED RECORDED JANUARY 13, 1933 IN BOOK 593 PAGE 252 OF OFFICIAL
RECORDS AND BOUNDED ON THE EAST BY THAT CERTAIN LAND DESCRIBED IN THE DEED TO
THE CITY OF SANTA ANA RECORDED MAY 5, 1910 IN BOOK 171 PAGE 260 OF DEEDS.
APN: 405-191-01
LESSORINTIALS: þ(~
LESSEE INTIALS:
v
CA 7007D Lease 8-11-04 tg rg
15
EXHIBIT "B"
LEGAL DESCRIPTION OF THE PREMISES
&
SITE PLANS/ DESCRIPTIVE RENDERINGS
LESSOR INTIALS:~ j)r(
LESSEE INTIALS: V
CA7007D Lease 8-11-04 tgrg
16
Site .IName:
Candidate:
Street Address:
City, State, Zip:
Prepared Sy I Date
CA 70071 Bond
D
1104Civic Center Drive
Santa Ana, CA 92703
Terri G resenti
APN.405.191.{)1
~
Notto Scale
North Flower Street
PARKING LOT
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EXHIBIT "C"
INTENTIONALLY LEFT BLANK
CA 7007D Lease 8.11.04 tg rg
17
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EXHIBIT "D"
PROPERTY SPECIFIC ACCESS RULESIREGULATJONS
1.
LESSOR shall have the unilateral right and privilege to undertake all normal items and operations associated
with the current use of the Property, including, but not limited to public events and City business, which may
include high powered electric lights and food services, arrange for the televising of any public event to be held
at the Property, and ability to contract with other interested parties.
2.
City business may also include minor landscaping, minor maintenance and minor construction proximately
located near the Premises, so long as the City business does not interfere with or impair the operation of the
LESSEE's Communications Facility.
3. LESSEE's access to the Premises shall be limited when the Premises is being used for a public event, and the
four (4) hours before and after any such event. LESSEE will obey any procedures set by LESSOR regarding
notification before visiting the Premises, checking in on-site, parking, gates, etc
CA7007D Lease 8-[ 1-04 tgrg
Sf1<)CiTt>
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~~7
18
EXHIBIT "E"
CONTACT INFORMATION:
LESSOR'S TECHNICAL CONTACTS:
Name: J. Mike Lopez
2. Ron Ono
Address: 888 W. Santa Ana Blvd., 20' Floor, Santa Ana, CA 92702
Daytime Phone No.: Mike: 714-231-6112; Ron: 714-231-6116
Facsimile No.: 714-571-4209
24 Hour Contact No.: Santa Ana Police Dispatch: 714-834-4211
Dispatch Center: N/ A
LESSEE'S TECHNICAL CONTACTS:
Name: I. George Allen
2.
Address: 310 Commerce, Irvine, CA 92602
Daytime Phone No.: 714-412-6628
Facsimile No.: N/ A
24 Hour Contact No.: 800-867-9980
Dispatch Center: N/ A
19
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CA7007D Lease 8-11-04 tg rg
EXHIBIT "F"
MEMORANDUM OF LAND LEASE AGREEMENT
THIS MEMORANDUM OF LAND LEASE AGREEMENT is made and entered into as of
, 2004 by and between City of Santa Ana, a charter city and municipal corporation
orgarnzed and existing under the Constitution and laws of the State of California ("LESSOR") and NEXTEL OF
CALIFORNIA, INC., a Delaware corporation, d/b/a Nextel Communications ("LESSEE").
WITNESSETH:
That LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR a portion of that certain
real property (the "Property") in the State of California, County of Orange, City of Santa Ana commonly known as
1104 Civic Center Drive, a legal description of which is shown in Exhibit "A" attached hereto and incorporated
herein by reference, under the terms and conditions of the unrecorded Land Lease Agreement by and between
LESSOR and LESSEE dated by LESSOR ,2004 and incorporated herein by reference (the
"Agreement") for an irtitial term of approximately eight (8) years, and three (3) subsequent optional extension terms
of five (5) years each, pursuant to the terms of the Agreement. The Agreement provides for grant of non-exclusive
right or way for rights of access to the Property and to electrical and telephone facilities serving the Property.
written.
IN WITNESS WHEREOF, the parties have executed the Memorandum as of the day and year first above
LESSEE:
LESSOR:
Nextel of California, Inc.,
a Delaware Corporation,
d/b/a Nextel Communications
City of Santa Ana
By:
Name: Eric Woodruff
Title: Director of Site Development
Date:
By: Q/i;;(2
Name: David N. Ream
Title: City Manager
Date:
[FORM DOCUMENT, PLEASE INITIAL ONLY
- NOT FOR EXECUTION]
LESSOR INITIALS~ f)ê
tv-
LESSEE INITIALS
CA7007D Lease 8.11-04 tg rg
20
COpy
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Nextel Communications
310 Commerce
Irvine, CA 92602
Attn.: Pro e Mana ement
MEMORANDUM OF LAND LEASE AGREEMENT
THIS MEMORANDUM OF LAND LEASE AGREEMENT is made and entered into as of
, 2004 by and between City of Santa Ana, a charter city and municipal
corporation organized and existing under the Constitution and laws of the State of California ("LESSOR")
and NEXTEL OF CALIFORNIA, INC., a Delaware corporation, d/b/a Nextel Communications
("LESSEE").
WITNESSETH:
That LESSOR hereby leases to LESSEE and LESSEE hereby leases ITom LESSOR a portion of
that certain real property (the "Property") in the State of California, County of Orange, City of Santa Ana
commonly known as 1104 Civic Center Drive , a legal description of which is shown in Exhibit "A"
attached hereto and incorporated herein by reference, under the terms and conditions of the unrecorded
Land Lease Agreement by and between LESSOR and LESSEE dated by LESSOR ,
2004 and incorporated herein by reference (the "Agreement") for an initial term of approximately eight (8)
years, and three (3) subsequent optional extension terms of five (5) years each, pursuant to the terms of the
Agreement. The Agreement provides for grant of non-exclusive right or way for rights of access to the
Property and to electrical and telephone facilities serving the Property.
IN WITNESS WHEREOF, the parties have executed the Memorandum as of the day and year first
above written.
LESSEE:
LESSOR:
Nextel of California, Inc.,
a Delaware Corporation,
d/b/a Nextel Communications
:"O''"QAa
Name: David N. Ream
Title: City Man?,er /,
Date: -;r l S- /) '-f
, ,
-
CA7007D MOA 8-11-04 tg rg
STATE OF
Ul/.,íF'C{N {11
COUNTY OF Ofi#JJCr~
On UJ..>{J/Cl{ , before me, IZGí>/fIS. r/?/!¡:i£r..4 , Notary Public, personally
appeared e¡j)rAVldI Ai, 11<a:rYl , personally known tome (0, pw«J lu lIIe UIl ,he basts of
satisfaetørj e.idence) to be the person whose name is subscribed to the within instrument and
acknowledged to me that they executed the same in their authorized capacity, and that by their signature on
the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument.
My commission expires:
J------------J
@ ROSAS.BARELA
Commission 1# 1303103
~' Notary Public - Cllifomia ~
~ Orange County f
- - - -My~.~res_~30~~
~d and official seal.
~ ~(SEAL)
Notary Public .
STATE OF
COUNTY OF
On , before me, Notary Public, personally
appeared , personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the
instrument, the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
Notary Public
My commission expires:
CA7007D MOA 8-11-04 tg rg
2
EXHIBIT "A"
LEGAL DESCRIPTION
OF THE PROPERTY
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE COUNTY OF
ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF THE LAND ALLOTTED TO JULIAN CHAVES, IN THE CITY OF
SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE
FINAL DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, IN THE
CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, WHICH WAS
ENTERED SEPTEMBER 12, 1868 IN BOOK "B" PAGE 410 OF JUDGMENTS OF THE
DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT IN AND FOR LOS ANGELES
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE CENTERLINE OF THE EIGHTH STREET (NOW CIVIC
CENTER DRIVE), SAID POINT BEING 50 FEET WESTERLY FROM THE INTERSECTION
OF THE EXTENDED CENTERLINE OF FLOWER STREET, AS SAID STREET EXISTS
NORTHERLY FROM EIGHTH STREET WITH THE CENTERLINE OF EIGHTH STREET;
THENCE SOUTHERLY AND PARALLEL TO A STRAIGHT LINE DRAWN BETWEEN A
POINT ON THE CENTERLINE OF EIGHTH STREET, SAID POINT BEING 10 FEET
WESTERLY FROM THE EXTENDED CENTERLINE OF SAID FLOWER STREET, TO A
POINT ON THE CENTERLINE OF SIXTH STREET, SAID POINT BEING DISTANT 309.60
FEET WESTERLY FROM THE INTERSECTION OF THE CENTERLINE OF GARNSEY
STREET EXTENDED NORTHERLY AS SHOWN ON A MAP OF ROSS ADDITION TO
SANTA ANA, RECORDED IN BOOK 3 PAGES 534 AND 535 OF MISCELLANEOUS
RECORDS OF LOS ANGELES COUNTY, CALIFORNIA WITH THE CENTERLINE OF
SIXTH STREET TO AN INTERSECTION WITH A LINE DRAWN PARALLEL TO AND
DISTANT 330 FEET SOUTHERLY FROM THE CENTERLINE EIGHTH STREET, SAID LINE
BEING THE SOUTHERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED BY
BERTHA SACKMAN TO JOHN WILLIAM SACKMAN BY DEED RECORDED IN BOOK
227 PAGE 300 OF DEEDS, RECORDS ORANGE COUNTY, CALIFORNIA; THENCE
WESTERLY ALONG SAID LAST MENTIONED LINE TO AN INTERSECTION WITH THE
CENTERLINE OF OLIVE STREET, AS SAID OLIVE STREET EXISTED PRIOR TO 1933;
THENCE NORTHERLY ALONG THE CENTERLINE OF OLIVE STREET, TO AN
INTERSECTION WITH THE CENTERLINE OF EIGHTH STREET; THENCE EASTERLY
ALONG THE CENTERLINE OF EIGHTH STREET TO THE POINT OF BEGINNING.
PARCEL 2:
ALL THAT PORTION OF THE LAND ALLOTTED TO JULIAN CHAVES, IN THE CITY OF
SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE
FINAL DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, WHICH
WAS ENTERED SEPTEMBER 12, 1868 IN BOOK "B" PAGE 410 OF JUDGMENTS OF THE
DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT IN AND FOR LOS ANGELES
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF SIXTH
STREET WITH THE CENTERLINE OF FLOWER STREET, AS SHOWN ON A MAP OF
3
~
CA7007D MOA 8-11-04Ig rg
THE ROSS ADDITION TO SANTA ANA, RECORDED IN BOOK 3 PAGES 534 AND 535
OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; THENCE
NORTHERLY ON THE WEST LINE OF BLOCK B OF THE CHILTON TRACT, AS SHOWN
ON A MAP RECORDED IN BOOK 34 PAGE 93, MISCELLANEOUS RECORDS OF LOS
ANGELES COUNTY, CALIFORNIA, 5.10 CHAINS TO THE NORTHERLY LINE OF LAND
CONVEYED BY JACOB ROSS TO ALEXANDER T. OLIVER BY DEED RECORDED
MARCH 12, 1877 IN BOOK 52 PAGE 383 RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA; THENCE WESTERLY ALONG SAID NORTH LINE 5.41 CHAINS, MORE
OR LESS, TO THE CENTERLINE OF OLIVE STREET, AS SAID OLIVE STREET EXISTED
PRIOR TO 1933; THENCE SOUTHERLY ALONG SAID CENTERLINE 5.10 CHAINS TO
THE CENTERLINE OF SIXTH STREET; THENCE EAST ALONG THE CENTERLINE OF
SIXTH STREET TO THE POINT OF BEGINNING.
PARCEL 3:
ALL THAT PORTION OF THE LAND ALLOTTED TO JULIAN CHAVES, IN THE CITY OF
SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE
FINAL DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, WHICH
WAS ENTERED SEPTEMBER 12, 1868 IN BOOK "B" PAGE 410 OF JUDGMENTS OF THE
DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT IN AND FOR LOS ANGELES
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE CENTERLINE OF OLIVE STREET, SAID POINT
BEING 23.57 CHAINS WEST FROM THE NORTHEAST CORNER OF A SAID LAND
ALLOTTED TO JULIAN CHAVES; RUNNING THENCE SOUTH 545.70 FEET TO A POINT
25 FEET SOUTH OF THE EXTENDED NORTH LINE OF BLOCK B OF GROUARD'S
ADDITION TO THE TOWN OF SANTA ANA, AS SHOWN ON A MAP RECORDED IN
BOOK 23 PAGE 38 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA; THENCE WEST PARALLEL TO THE NORTH LINE OF SIXTH STREET
173.76 FEET, MORE OR LESS, TO A POINT 400 FEET EAST OF THE WEST LINE OF
BLOCK B OF SAID GROUARD'S ADDITION; THENCE NORTH 25 FEET TO THE NORTH
LINE OF BLOCK B OF SAID GROUARD'S ADDITION; THENCE WEST 250 FEET TO A
POINT 150 FEET EAST OF THE NORTHWEST CORNER OF LOT 11 IN BLOCK B OF
SAID GROUARD'S ADDITION; THENCE NORTH 34 FEET; THENCE WEST 371.50 FEET
TO THE SOUTHWEST CORNER OF THE 2 Y, ACRE TRACT CONVEYED TO LOTTIE J.
GROUDARD BY DEED RECORDED MAY 29,1915 IN BOOK 241 PAGE 293 OF DEEDS,
RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE WEST 488.65 FEET TO THE
NORTHWEST CORNER OF SAID 2 y, ACRE TRACT; THENCE EAST 795 FEET TO THE
POINT OF BEGINNING.
PARCEL 4:
ALL THAT PORTION OF THE LAND ALLOTTED TO JULIAN CHAVES, IN THE CITY OF
SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE
FINAL DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, WHICH
WAS ENTERED SEPTEMBER 12,1868 IN BOOK "B" PAGE 410 OF JUDGMENTS OF THE
DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT IN AND FOR LOS ANGELES
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
THE NORTHERLY 336.65 FEET OF THAT CERTAIN PARCEL 1 OF LAND DESCRIBED
AS FOLLOWS:
CA7007D MOA 8.11-04 tg rg
4
BEGINNING 11.87 CHAINS WEST OF THE CORNER OF OLIVE AND FIFTH STREETS IN
THE ROSS ADDITION TO SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 3
PAGES 534 AND 535 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA; THENCE NORTH 15.17 CHAINS; THENCE WEST 4 CHAINS; THENCE
SOUTH 15.17 CHAINS; THENCE EAST 4 CHAINS TO THE POINT OF BEGINNING.
PARCEL 5:
ALL THAT PORTION OF THE LAND ALLOTTED TO mLIAN CHAVES, IN THE CITY OF
SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE
FINAL DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, WHICH
WAS ENTERED SEPTEMBER 12, 1868 IN BOOK "B" PAGE 410 OF JUDGMENTS OF THE
DISTRICT COURT OF THE 17TH mDICIAL DISTRICT IN AND FOR LOS ANGELES
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF CONSTANTINE'S ADDITION TO THE
TOWN OF SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 23 PAGE 32 OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; THENCE
NORTH 154.83 FEET, MORE OR LESS, TO A POINT IN THE EAST LINE OF AND
DISTANT 336.65 FEET SOUTHERLY FROM THE NORTHEAST CORNER OF THAT
CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS:
"BEGINNING 11.87 CHAINS WEST OF THE CENTER LINE OF OLIVE AND FIFTH
STREETS IN ROSS ADDITION TO SANTA ANA, AS SHOWN ON MAP RECORDED IN
BOOK 3 PAGES 534 TO 535 OF MISCELLANEOUS RECORDS TO LOS ANGELES
COUNTY, CALIFORNIA; THENCE NORTH 15.17 CHAINS; THENCE WEST 4 CHAINS;
THENCE SOUTH 15.17 CHAINS; THENCE EAST 4 CHAINS TO THE POINT OF
BEGINNING."
THENCE WESTERLY ALONG A LINE DRAWN PARALLEL TO AND DISTANT 336.65
FEET SOUTHERLY FROM THE NORTH LINE OF THAT CERTAIN PARCEL OF LAND
LAST DESCRIBED ABOVE TO ITS INTERSECTION WITH THE WEST LINE OF SAID
PARCEL LAST DESCRIBED ABOVE; THENCE SOUTHERLY ALONG THE WEST LINE
OF SAID PARCEL 155.07 FEET, MORE OR LESS, TO ITS INTERSECTION WITH THE
WESTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID CONSTANTINE'S
ADDITION TO THE TOWN OF SANTA ANA; THENCE EAST IN A DIRECT LINE TO THE
POINT OF BEGINNING.
PARCEL 6:
LOTS 11, 12, 13, 14, AND 15 OF CONSTANTINE'S ADDITION TO THE TOWN OF SANTA
ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS SHOWN ON A MAP RECORDED IN BOOK 23 PAGE 32 OF MISCELLANEOUS
RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, TOGETHER WITH THE
FOLLOWING:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 15 OF SAID CONSTANTINE'S
ADDITION TO THE TOWN OF SANTA ANA; THENCE WEST TO A POINT 17.80 FEET
EAST FROM THE SOUTHEAST CORNER OF LOT 27 OF MCFADDEN-WILSON
ADDITION TO SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 28 PAGE 9
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OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; THENCE
NORTH ALONG A LINE DRAWN PARALLEL WITH THE EAST LINE OF SAID LOT 27
AND THE NORTHERLY PROLONGATION THEREOF TO ITS POINT OF INTERSECTION
WITH THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID
CONSTANTINE'S ADDITION TO THE TOWN OF SANTA ANA; THENCE EAST IN A
DIRECT LINE TO THE NORTHWEST CORNER OF LOT 15 OF SAID CONSTANTINE'S
ADDITION TO THE TOWN OF SANTA ANA; THENCE SOUTH IN A DIRECT LINE TO
THE POINT OF BEGINNING.
PARCEL 7:
LOTS 9,10,11, AND 12 OF GILMACHER'S ADDITION TO THE TOWN OF SANTA ANA,
IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON A MAP RECORDED IN BOOK 23 PAGE 37 OF MISCELLANEOUS RECORDS
OF LOS ANGELES COUNTY, CALIFORNIA.
PARCEL 8:
LOTS 1 THROUGH 11 INCLUSIVE IN BLOCK B OF GROUARD'S ADDITION TO THE
TOWN OF SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 23 PAGE 38 OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; TOGETHER
WITH THE FOLLOWING:
BEGINNING AT A POINT IN THE SOUTHERLY LINE OF LOT 1 IN BLOCK B OF SAID
GROUARD'S ADDITION TO THE TOWN OF SANTA ANA, DISTANT 15.89 FEET EAST
FROM THE SOUTHWEST CORNER OF SAID LOT 1; THENCE EAST ALONG THE
SOUTHERLY LINE OF SAID LOT 1 AND THE EASTERLY PROLONGATION THEREOF;
46 FEET TO A POINT ON THE WEST LINE OF OLIVE STREET AND THE TRUE POINT
OF BEGINNING HEREOF; THENCE NORTH, PARALLEL WITH THE EAST LINE OF
SAID LOT 1,100 FEET TO A POINT DISTANT 25 FEET SOUTHERLY FROM THE
EASTERLY PROLONGATION OF THE NORTH LINE OF BLOCK B OF SAID
GROUARD'S ADDITION TO THE TOWN OF SANTA ANA; THENCE WEST PARALLEL
WITH THE SOUTH LINE OF SAID LOT 1 AND THE EASTERLY PROLONGATION
THEREOF TO THE EAST LINE OF SAID LOT 1; THENCE SOUTH 100 FEET ALONG
SAID EAST LINE TO SAID SOUTHERLY LINE OF SAID LOT; THENCE EAST IN A
DIRECT LINE TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF LOTS 1,2, AND 3 DESCRIBED IN THE
DEED TO THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION RECORDED
JANUARY 13, 1933 IN BOOK 593 PAGE 252 OF OFFICIAL RECORDS.
PARCEL 9:
ALL THAT PORTION OF THE LAND ALLOTTED TO JULIAN CHAVES, IN THE CITY OF
SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE
FINAL ORDER OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, WHICH
WAS ENTERED SEPTEMBER 12,1868 IN BOOK "B" PAGE 410 OF JUDGMENTS OF THE
DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT IN AND FOR LOS ANGELES
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
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, ,
BEGINNING AT THE SOUTHWEST CORNER OF LOT 11 IN BLOCK B OF GROUARD'S
ADDITION TO THE TOWN OF SANTA ANA, AS SHOWN ON A MAP RECORDED IN
BOOK 23 PAGE 38 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 125 FEET TO
THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 34 FEET ALONG
THE NORTHERLY PROLONGATION OF THE WEST LINE OF SAID LOT; THENCE EAST
PARALLEL WITH THE NORTH LINE OF BLOCK B OF SAID GROUARD'S ADDITION
150 FEET; THENCE SOUTH PARALLEL WITH THE PROLONGATION OF THE WEST
LINE OF SAID LOT 11. 34 FEET TO A POINT ON THE NORTH LINE OF SAID BLOCK B;
THENCE WEST ALONG THE NORTH LINE OF SAID BLOCK B, 150 FEET TO THE TRUE
POINT OF BEGINNING.
PARCEL 10:
THAT PORTION OF OLIVE STREET IN THE CITY OF SANTA ANA, COUNTY OF
ORANGE, STATE OF CALIFORNIA, BOUNDED ON THE SOUTH BY SIXTH STREET;
BOUNDED ON THE WEST BY THAT CERTAIN LAND DESCRIBED IN THE DEED TO
THE CITY OF SANTA ANA RECORDED MAY 10, 1934 IN BOOK 672 PAGE 350 OF
OFFICIAL RECORDS; BOUNDED ON THE NORTH BY THAT CERTAIN LAND
DESCRIBED IN THE DEED RECORDED JANUARY 13, 1933 IN BOOK 593 PAGE 252 OF
OFFICIAL RECORDS AND BOUNDED ON THE EAST BY THAT CERTAIN LAND
DESCRIBED IN THE DEED TO THE CITY OF SANTA ANA RECORDED MAY 5,1910 IN
BOOK 171 PAGE 260 OF DEEDS.
APN: 405-191-01
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