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