HomeMy WebLinkAboutSANTA ANA UNIFIED SCHOOL DISTRICT (12) -2002tl' . A-2002-101A
Recorded is Requested by, and
when recorded, please mail to:
Clerk of the Council
City of Santa Ana
P.O. Box 1988 (M- 30)
Santa Ana, California 92702
pace Above This Line for Recorder's Office.
NO FEE: GOVERNMENT
CODE SECTION 6103
Ground Lease and Option Agreement
This Ground Lease (this "Lease ") is entered into as of June 3 , 2002 by and between
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 Santa Ana Unified
School District, a political subdivision of the State of California (the "District "), with reference
to the following facts:
RECITALS
A. Education Code Section 10905 authorizes the District to cooperate with the City
to carry out its purposes, to enter into agreements and to do any and all things necessary or
convenient to aid and cooperate in carrying out its purposes.
B. Pursuant to its Charter, the City is authorized to convey real property and to enter
into cooperative agreements that further the interests of the City.
C. Education Code Section 10910 authorizes the District, to carry out those
purposes, to grant the use of any building, grounds, or equipment of such district to any other
public authority for those purposes, whenever the use of the buildings, grounds, or equipment for
community recreational purposes will not interfere with use of the buildings, grounds, and
equipment for any other purpose of the public school system.
D. The City owns and operates a regional public park containing approximately 80
acres at the southwest corner of the intersection of Edinger Avenue and Fairview Road in Santa
Ana commonly known as "Centennial Park" (the "Park ") depicted in the aerial photograph
attached hereto as Exhibit "A ". The District owns approximately 5.89 acres of land immediately
south of and contiguous to the Park which is currently developed with a continuation high school
known as Mountain View High School (the "District Property ") also depicted in Exhibit "A ".
E. The District intends to construct a new comprehensive fundamental high on the
District Property (the "School ") and seeks to acquire land from the City to be part of the School.
Pursuant to the terms and conditions of this Lease, the City will lease to the District, and the
District will rent from the City, a portion of the Park containing approximately 18.84 acres, the
legal description of which is attached hereto as Exhibit "B" (the "Premises ") in exchange for
the District's agreement to construct the School Improvements along with the long term rights
set forth in that certain Joint Use Agreement and Covenant of even date herewith between the
District and City (the "Joint Use Agreement ").
F. Pursuant to the terms and conditions of this Lease and the Joint Use Agreement,
the District intends to construct upon the Premises the School's athletic facilities (currently
anticipated to include soccer, softball and baseball fields, tennis and basketball courts and a
future swimming pool), a gymnasium, and a theater -arts facility (collectively, the "Joint Use
Facilities "). The Premises and the Joint Use Facilities are sometimes collectively referred to
herein as the "Property ". The improvements to be built on the District Property and the
Premises are referred to herein as the "School Improvements ".
NOW, THEREFORE, the City and the District hereby agree as follows:
AGREEMENT
1. Lease of Premises. The City hereby leases the Premises to the District, and the
District hereby leases the Premises from the City, on all of the terms and conditions set forth in
this Lease.
2. Term of Lease. The Term of this Lease (the "Term ") shall be ninety -nine (99)
years. The Term shall commence on the Commencement Date (as hereinafter defined), and shall
expire on the ninety -ninth (99th) anniversary thereof, if not terminated earlier pursuant to the
terms of this Lease.
3. Consideration. As consideration for the lease of the Premises, the District agrees
to initiate and complete the School Improvements, and as further consideration, District and City
have entered into the Joint Use Agreement, setting forth the rights and duties of the parties with
respect to use by each party of the Premises and the Joint Use Facilities.
4. Commencement Date. This Lease shall commence and become effective upon
delivery of evidence to the reasonable satisfaction of the City's City Manger (the "City
Manager ") of compliance with all of the following:
4.1 Final approval of the site and the School Improvements by the California
Department of Education (CDE); and,
4.2 Final approval by the California Department of General Services' Division of
State Architect (DSA) of the plans and specifications for the School
Improvements; and,
4.3 Approval of an allocation of construction funds by the California State
Allocation Board (SAB) of at least $25,000,000.00; and,
4.4 Issuance of District financing which combined with SAB funds will be
sufficient to complete construction of the School in accordance with the
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subsection 4.8 below and deposit of all said construction funds in District
accounts; and,
4.5 Final approval of the soils conditions on the District Property and the
Premises by the California Department of Toxic Substances Control (DTSC);
and,
4.6 Final approval of this Lease and the Joint Use Agreement by the US Secretary
of the Interior; and,
4.7 Establishment of the Escrow Account called for in Section 6.2; and,
4.8 Approval of final plans and specifications for the School by the District's
Board of Trustees provided that the plans and specifications for the Joint Use
Facilities substantially conform to Site Plan in Exhibit "C ", and provide for all
of the improvements identified in Section 6.2 below; and,
4.9 Award of the first construction contract for the School; and,
4.10 Final agreement for the termination of rights to a portion of the District
Property by the Discovery Museum of Orange County.
This Lease shall terminate if the Commencement Date is not achieved within five (5) years of the
date of approval of this Lease by the City.
5. Scope of Development. The design and construction of the School Improvements
shall be done by or under the supervision and control of the District as part of the District's
design and construction of the School. Attached hereto as Exhibit "C" are a site plan and
building elevations for the proposed School Improvements as they exist at the time of approval
of this Lease and which substantially conform to the plans that have been submitted to the CDE
and DSA. On file in the Office of the Clerk of the Council of the City is a set of architectural
plans of the School Improvements dated 'J ?ADL and identified as Hector Godinez
Fundamental High School. These plans, together with those documents attached as Exhibit C
shall hereinafter be referred to as the "Site Plan ". Whether currently depicted on the Site Plan or
not, in constructing the School Improvements District agrees to comply with the following
conditions required by City. Prior to the Commencement Date, a modified Site Plan, shall
submitted to the City reflecting all of the following improvements to the extent necessary. Any
subsequent modifications of the Site Plan affecting the improvement identified in the following
subsections or the Joint Use Facilities, including changes in building elevations and /or materials
for the Joint Use Facilities, shall be subject to the reasonable approval of the City.
5.1 Hardscape /Parkinp-/Other Site Improvements. District shall provide
for construction and installation of asphalt and concrete improvements along building
frontage for sidewalk, curb, gutter and wheelchair ramps pursuant to City standards,
including replacement of existing improvements at other locations within site if
relocation is specified in the Site Plan. District shall provide for compliance with City
standards for sight distance at driveways. District shall design and construct parking stalls
in the manner determined by City at the parking area located on the east side of the north-
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south section of Centennial Road, near the easterly boundary of the Property. The
parking stalls on the Property shall be sized to prevent encroachment of vehicles upon
required landscape areas. The aisles for access to and from parking areas shall not be less
than twenty -three (23) feet wide in those areas with ninety - degree parking. To prevent
students from parking in the teacher /visitor parking area, and to help avoid traffic
circulation problems, District shall design and construct a gate at the T- intersection
access point from Centennial Road to the teacher /visitor parking area, near the
intersection of Centennial Road and Fairview Street on the easterly boundary of the
Property.
5.2 Modifications to Parking Structure. The Site Plan design calls for a
parking structure containing approximately three hundred and thirty -six (336) spaces.
District agrees to revise the Site Plan to replace the proposed two story parking structure
with a three story parking structure containing an additional one hundred and sixty -seven
(167) spaces.
5.3 Traffic Signal. Prior to opening of the School, the District shall install a
new traffic signal at Fairview Street and Centennial Road, at the easterly entrance to
Centennial Park in accordance with City standards.
5.4 Intersection Restriping. In coordination with the City, prior to opening
of the School, the District shall re -stripe Fairview Street at the intersection of Centennial
Road at the easterly entrance to Centennial Park to accommodate all vehicle and
pedestrian movements, and to realign the street centerline in accordance with City
standards.
5.5 NPDES Requirements. District shall comply with all NPDES
requirements for the Property as identified in City DP letter dated March 11, 2002.
5.6 Fencing. Fencing specified for the area near the north wall of the
Performing Arts Center shall be of a material other than chain link reasonably acceptable
to the City's Executive Director of Planning and Building, and shall be consistent with
the design of the Performing Arts Center building.
5.7 R_ eplacement Softball Fields /Restrooms. The District, at its option, shall
either construct or pay the City costs for the City to construct replacement softball fields
in accordance with City approved plans at a location generally depicted in the revised
Centennial Park master plan attached hereto as Exhibit "D ". Within six (6) months of the
date hereof, the City shall submit to the District a final site plan of the location and design
of the replacement softball fields (and restrooms identified below). If the District opts to
pay for the City to do the construction, the City shall be entitled to use the funds in the
Escrow Account established pursuant to Section 6.2 of this Lease. These fields shall be
on a portion of Centennial Park not within the Premises or subject to the Joint Use
Agreement. However, the City agrees to allow District use of these fields for educational
and athletic purposes subject to the City's usual usage and scheduling standards. The
replacement fields need not be lighted. However, construction costs shall include the
costs to install electrical conduit and other infrastructure up to the point of a main pole
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box to support the addition of lighting facilities by the City. Notwithstanding anything to
the contrary set forth above, the District's obligations under this Section are limited to
(1) replacing (or paying for the replacement of) the same number, types and quality of
softball fields as are removed from the joint use area due to the District's construction of
the Joint Use Facilities, and (ii) providing (or paying the installation costs of) the
electrical conduit and infrastructure specified above. The relocation of the replacement
softball fields by District in the Park shall require removal of the existing restroom
building, District shall construct an equivalent replacement restroom where designated by
the City's Recreation and Parks Director.
5.8 Replacement Maintenance Facility /Parking. The District, at its option,
shall construct or pay the City costs for the City to construct a like replacement
maintenance facility for that which is displaced by the Parking Garage as called for in the
Site Plan in accordance with City approved plans at a location generally depicted in
Exhibit "D ". Within six (6) months of the date hereof, the City shall submit to the
District a final site plan of the location and design of the replacement maintenance
facility (and parking identified below). If the District opts to pay for the City to do the
construction, the City shall be entitled to use the funds in the Escrow Account established
pursuant to Section 6.2 of this Lease. The District's obligations under this Section 5.8 are
limited to replacing (or paying for the replacement of) the same type and quality of
maintenance facility as that which is removed from the joint use area due to the District's
construction of Joint Use Facilities, including replacement of an equivalent number of
parking spaces being displaced by the replacement maintenance facility as depicted in
Exhibit D..
5.9 Monument Sign(s). The District shall install and maintain at least one
monument sign located at the entrance to the School which shall contain the following
name: "Hector G. Godinez Fundamental High School at Centennial Park ".
5.10 Minimal Athletic Facilities. The high school athletic fields shall be
developed and configured in a fashion to include, at a minimum, space for three (3)
soccer fields, one to be located inside the running track and the others within outfields of
two planned baseball fields.
5.11 Lighting of Fields. All of the athletic fields and courts developed by the
District shall be lighted to permit nighttime use by the City. These shall include the hard
courts, football field /track, and baseball diamonds, but not include the replacement
softball fields above. The lighting shall meet CIF or similar sanctioning organization
standards for adequacy of lighting levels for safe competitive play. In the absence of
such obtainable standards, the lighting shall meet the standards utilized by the City for
comparable facilities it owns.
5.12 Equipment Storage; Locker Facilities. The District shall design and
construct the Joint Use Facilities in such a fashion so as to provide the following
additional improvements for use by the City. The District shall seek advance City review
and comment on designs and location of these spaces.
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(i) A 1000 sq. ft. room for storage of equipment in the Performing Arts
Building or Band /Choral Building for uniform and instruments. The
City shall be entitled to permit use of this storage facility by other
community -based musicals and /or arts organizations;
(ii) A 200 sq. ft. room for dedicated storage space in the gymnasium for
City storage of recreation and other City equipment;
(iii) The public restroom facilities in the gymnasium shall include
locker /changing facilities to be used as part of City sponsored sports
programming in the gym. The locker /changing facilities shall include
reasonably necessary privacy and controlled access elements for the
City's users.
6. Financial Conditions. District agrees to the following financial conditions
required by City:
6.1 Fees. The District shall pay all required fees, including, but not limited to,
plan check, sewer connection, Orange County Sanitation District, Water Quality
Management, and other required fees unless exempt, and where exempt District shall
provide City with written documentation of the exemption.
6.2 Escrow Account. The District shall set aside from the funds identified in
Sections 4.3 and 4.4 in an interest bearing escrow account an amount agreed upon by the
City Manager and the District's Superintendent estimated at the construction costs of the
various improvements called for in Subsections 5.1 -5.4, 5.6 -5.9 and 5.11 -5.12 of this
Lease, and any other required off -site improvements. All interest thereunder shall accrue
to the District.
6.3 Offset for Loss of County Maintenance Funding. The City and the
District agree that the addition of the School to Centennial Park does not diminish the
regional character of Centennial Park and therefore the County of Orange (the "County ")
should continue to honor its agreement with the City to share maintenance costs of
Centennial Park. The City and the District further agree to work in concert to achieve
such agreement with the County. However, in the event the County refuses to so
participate, the District agrees to pay to City, within sixty (60) days of when otherwise
due, the County's obligation not to exceed the sum of One Hundred and Twenty Five
Thousand Dollars ($125,000.00) per year for up to three years from Commencement
Date, to offset the loss of County maintenance funds for Centennial Park.
7. Time of Performance of Desien and Construction of Facilities. District shall
begin construction within 120 days of the Commencement Date and thereafter proceed in good
faith to complete construction of all of the School Improvements.
8. Option to Purchase. It shall be the sole and exclusive right of District at any
time during the term of this Lease to purchase the Premises from City, or from City's successors
in interest in the Premises, for the sum of ONE DOLLAR ($1.00), subject to the concurrence of
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the National Park Service (NPS) that the proposed uses of the Premises comply with the deed
restrictions of record on the property, and further subject to the Joint Use Agreement between
City and District. District shall notify the National Park Service at the following address in the
event District exercises this option: Gary Munsterman, Federal Lands and Parks Coordinator,
1111 Jackson Street, Suite 700, Oakland, California 94607.
9. Construction, Removal and Modification of Joint Use Facilities. The City
shall have no right to modify, demolish or otherwise alter the Property or any of the Joint Use
Facilities, or to add any new structures or improvements to the Property. The District may at its
expense expand, modify, remove, demolish or otherwise alter the Property or any of the Joint
Use Facilities, or may construct additional Joint Use Facilities and improvements upon the
Property, in the District's discretion as it deems necessary or appropriate to accomplish the
District's educational goals and obligations, provided that so long as the Joint Use Facilities are
located on the Premises they will contain the minimal improvements set forth in Section 5.
10. Damage and Destruction of Joint Use Facilities. In the event of damage to or
destruction of any of the Joint Use Facilities, the District shall repair or rebuild the same as soon
as reasonably possible, except in any of the following circumstances: (a) the District reasonably
determines that the repair or rebuilding cost exceeds the sum of the proceeds available from the
applicable insurance carried pursuant to this Lease and any related deductible amounts; (b) the
damage or destruction occurs within the last five (5) years of the Term; or (c) the District
reasonably determines that the repair or rebuilding will interfere with the District's educational
goals and obligations. If any of the foregoing circumstances exist, then the District may, not
later than one - hundred eighty (180) days after the date of said damage or destruction, notify the
City of the District's intent not to repair or rebuild the damaged or destroyed Facility. If the
District so notifies the City, then the Lease with respect to the portion of the Premises underlying
said Facility shall immediately terminate, or if the District has exercised its option in Section 8,
that portion shall revert to City ownership.
11. Indemnification. The indemnity provisions found in Section 14 of the Joint Use
Agreement shall apply to this Lease as well.
12. Acceptance of Property "As Is ". District accepts the Property from City in "As
Is" condition, subject to approval of the site by the CDE and the Department of Toxic Substances
Control of the State of California, as required for use of the Property by District. City agrees to
promptly make available to the District all of its records related to the Park and the Premises for
review.
13. Indemnification Regarding Hazardous Material. District covenants and agrees
to indemnify City from and against any contamination of the Property with Hazardous Materials
by District occurring after commencement of this Lease. District further agrees to defend and
hold harmless the City from and against any and all actions, agreements, attorneys' fees, causes
of action, claims, contracts, costs, covenants, damages, debts, demands, expenses, judgments,
lawsuits, liabilities, liens, losses, obligations, and orders which arise during or after the term of
this Lease related to the existence of Hazardous Materials (from whatever cause) on the Property
or in the groundwater on or under the Property except for: (1) the cost of any remediation of
Hazardous Materials deposited in the soils of the Property by the City or its employees, agents
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and contractors, and not discovered by the District prior to completion of the School
Improvements; and, (2) any third party personal injury actions which allege exposure to such
undiscovered Hazardous Materials as a result of use of the Joint Use Facilities in a City -
sponsored program, third party activity scheduled by the City, and City programming outside of
City Time under the terms of the Joint Use Agreeiiient. This indemnification includes, without
limitation, costs incurred in connection with any investigation of site conditions or any cleanup,
remedial, removal, or restoration work required by any federal, state, or local governmental
agency or political subdivision because of Hazardous Material present in the soil or groundwater
on or under the Property. As used herein, the term "Hazardous Material" means any hazardous
or toxic substance, material, or waste which now is or hereafter becomes regulated by any local
governmental authority, the State of California or the United States Government.
14. Taxes. The parties anticipate that neither the Premises nor the Joint Use Facilities
will be subject to real or personal property taxes. The parties agree, however, that if the
Premises and /or the Joint Use Facilities are assessed any taxes or similar fees or charges due to
the activities of a party or that party's permitted user, then that party shall bear the entire cost of
said taxes, fees or charges.
15. Non - Discrimination. Neither the City nor the District shall discriminate as to the
employment of persons relative to the use or operation of the Property, nor shall either party
discriminate as to the persons or entities which may use the Property, on the basis of race, color,
national origin, ancestry, gender, disability, sexual orientation, or medical condition, in violation
of state or federal laws, or on any other basis otherwise prohibited by state or federal law.
16. Termination of Lease This Lease shall be terminable by the City upon the
occurrence of any of the following:
16.1 Use of Premises. The District ceases operation of a the school as a full
service educational facility; or,
16.2 Unauthorized Transfer. The District transfers or attempts to transfer the
Property in any fashion other than as permitted in Section 17.
In the event the District exercises its option rights set forth in Section 8, the fee interest so
acquired by the District shall be subject to reversion to the City on the same grounds as
termination of the Lease.
17. Restrictions on Assip-nment. This Lease is entered into specifically with the
parties in mind. Therefore, neither party shall assign any or all of its rights under this Lease
without the prior written consent of the other party, in its sole and absolute discretion. Without
limiting the generality of the foregoing, this Lease shall not be assigned, in whole or in part, to
any assignee other than a "public authority" as defined in Education Code § 10901.
Notwithstanding this restriction, District shall have the right, subject to City's consent, not to be
unreasonably withheld, to assign or otherwise transfer District's interest in this Lease and the estate
created by this Lease, to an assignee for the purpose of obtaining a loan from a lender authorized
pursuant to the Education Code or other applicable law for the financing of improvements and
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facilities on the leasehold interest under this Lease and the improvements located upon the
Premises, which loan is secured solely by the leasehold estate.
18. Condemnation. If the Premises or any portion thereof are taken under the power
of eminent domain, or sold under the threat of the exercise of said power (all of which are herein
called "condemnation "), this Lease shall terminate as to the part so taken as of the date the
condemning authority takes title or possession, whichever first occurs; provided that if so much
of the Premises are taken by such condemnation as would substantially and adversely affect the
District's use of the Premises, the District shall have the option to terminate this Lease as of the
date the condemning authority takes possession. If the District does not terminate this Lease in
accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of
the Premises remaining. Any award for the taking of all or any part of the Premises under the
power of eminent domain or any payment made under threat of the exercise of such power shall
be the property of the City; provided, however, that the District shall be entitled to any separate
award for loss of or damage to the Joint Use Facilities and /or any other property of the District,
and for diminution in the value of the District's interest in the leasehold created by this Lease.
19. Miscellaneous.
19.1 Successors and Assigns. This Lease shall inure to the benefit of and be
binding upon the parties hereto and their successors and assigns.
19.2 Notices. All written notices required to be given pursuant to the terms
hereof shall be either (i) personally delivered, (ii) deposited in the United States express mail
or first class mail, registered or certified, return receipt requested, postage prepaid, (iii)
delivered by overnight courier service, or (iv) delivered by facsimile, provided that the
original of such facsimile notice, is sent by certified U.S. mail, postage prepaid, no later than
one business day following such facsimile. All such notices shall be deemed delivered upon
actual receipt (or upon the first attempt at delivery pursuant to the methods specified in
clauses (1), (ii) or (iii) above if the intended recipient refuses to accept delivery). All such
notices shall be delivered to the following addresses, or to such other address as the receiving
party may from time to time specify by written notice to the other party:
To the District: With a copy to:
Santa Ana Unified School District Ruben A. Smith, Esq.
1601 East Chestnut Avenue Alvarado, Smith & Sanchez
Santa Ana, California 92701 4 Park Plaza, Suite 1200
Attn: Deputy Superintendent, Operations Irvine, California 92614
Telephone No.: (714) 558 -5523 Telephone No.: (949) 955 -6800
Fax No.: (714) 558 -5694 Fax No.: (949) 955 -6899
E -mail: jbennett a sausd.kl2.ca.us E -mail: rsmithgasands.com
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To the City:
City of Santa Ana
20 Civic Center Plaza
Santa Ana, California 92701
Attn: Clerk of the City Council
Telephone No.: (714) 647 -6520
Fax No.: (714) 647 -6956
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With a copy to:
Office of the City Attorney
20 Civic Center Plaza
Santa Ana, California 92701
Telephone No.: (714) 647 -5201
Fax No.: (714) 647 -6515
19.3 Incorporation of Recitals and Exhibits. All of the recitals and exhibits
set forth in or attached to this Lease are by this reference incorporated in and made a part
of this Lease.
19.4 Construction. The parties acknowledge that each party and its counsel
have reviewed and revised this Lease and that the normal rule of construction to the
effect that any ambiguities are to be resolved against the drafting party shall not be
employed in the interpretation of this Lease or any amendments hereto.
19.5 Governing Law. This Lease shall be construed and interpreted in
accordance with and shall be governed and enforced in all respects according to the laws
of the State of California, without regard to conflicts of laws principles.
19.6 Entire Agreement. This Lease, together with the Joint Use Agreement,
contains the entire understanding of the parties and supersedes any and all other written
or oral understanding. No alteration of or amendment to this Lease and /or the Joint Use
Agreement shall be effective unless given in writing and signed by the party or parties
sought to be charged or bound by the alteration or amendment.
19.7 Captions. Any captions or headings to the Sections and subsections in
this Lease are solely for the convenience of the parties hereto, are not a part of this Lease,
and shall not be used for the interpretation or determination of validity of this Lease or
any provision hereof.
19.9 Severability. If any one or more of the provisions contained in this Lease
shall for any reason be held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provision hereof, and
this Lease shall be construed as if such invalid, illegal, or unenforceable term or provision
had never been contained herein.
19.10 Further Assurances. Each party shall cooperate with the other and shall
execute such other documents as may be reasonably necessary to carry out the provisions
of this Lease including the providing of estoppel certificates.
19.11 No Waiver. Any waiver, consent or approval by either party of any
breach, default or event of default of any provision, condition or covenant of this Lease
must be in writing and shall be effective only to the extent set forth in writing. No waiver
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of any breach, default or event of default shall be deemed a waiver of any later breach,
default or event of default of the same or any other provision of this Lease. Any failure
or delay on the part of either party in exercising any power, right or privilege under this
Lease shall not operate as a waiver thereof, nor shall any single or partial exercise of any
such power, right or privilege preclude any further exercise thereof.
19.12 Rights and Remedies. No right or remedy confers ed by any of the
specific provisions of this Lease is intended to be exclusive of any other right or remedy
given hereunder or hereafter existing at law or in equity. The exercise of any one or more
rights or the election of any one or more remedies by any party shall not constitute a
waiver of the right to exercise other available rights or pursue other available remedies.
IN WITNESS WHEREOF, the parties have executed this Lease as of the date first set
forth above.
[Signatures provided on next page]
The "District"
Santa Ana Unified School District,
a political subdivision of the State of California
P,
,� Al M 4es
Superintendent
ri
By:
Jfsident alacio
P of the Board
Attest•
By:
Rosemarie Avila
Clerk of the Board
Approved as to Form:
Alvarado, Smith & Sanchez
General Counsel
The "City"
City of Santa Ana
A Charter City
By: �L- 2.� ----
David N. Ream
City Manager
Attest:
By:
Patricia E. Healy
Clerk of the Council
Approved as to Form:
By: c� ��' , 'r -r By:
Ruben A. Smith
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C
Exhibit 'B' Legal Description
Portions of Lots I & 4 of Tract 1024, as shown on a map recorded in Book 33, Page 33 of
Miscellaneous Maps, records of Orange County, California, and a portion of Section 22,
Township 5 South, Range 10 West, in the Rancho Las Bolsas, per map recorded in Book
51, Page 12 of Miscellaneous Maps, records of Orange County, more particularly
described as follows:
Beginning at the southwesterly corner of said Lot 1; thence, northerly along the westerly
line of said Lot I N. 00 059'00" W. 12.33 feet to the True Point of Beginning; thence,
N. 00 059'00" W. 174.02 feet; thence,
2. N. 89 029'03" E. 577.06 feet; thence,
3. N. 89 013'55" E. 236.59 feet to a non - tangential curve concave to the northwest
having a radius of 239.60 feet, a radial to said point bears S. 24'04'19" E.;
thence,
4. Northeasterly along said curve through an angle of 10 029'54" a distance of
43.90 feet to a reverse curve concave to the southeast having a radius of
210.60 feet, a radial to said point bears N. 29 °15'28" W.; thence,
5. Northeasterly along said curve through an angle of 14 °47'43" a distance of
54.38 feet to a non - tangent line, a radial to said point bears N. 14 °27'45" W.;
thence,
6. N. 09 002'44" E. 432.59 feet to a non - tangential curve concave to the west
having a radius of 1,007.44 feet, a radial to said point bears S. 83 °10'29" E.;
thence,
7. Northwesterly along said curve through an angle of 22'35'14" a distance of
397.15 feet, a radial to said point bears N. 74 °14'18" E.; thence,
8. S. 88 025'38" W. 318.65 feet; thence,
9. S. 01 034'22" E. 3.53 feet to a tangential curve concave to the north having a
radius of 43.00 feet, a radial to said point bears N. 88 °25'38" E.; thence,
10. Southwesterly along said curve through an angle of 180 °00'00" a distance of
135.09 feet, a radial to said point bears S. 88 025'38" W.; thence,
11. N. 01034'26"W. 23.23 feet; thence,
12. S. 88021'21"W. 303.26 feet; thence,
13. S. 00 030'49" E. 166.40 feet; thence,
14. S. 89 030'37" W. 92.76 feet; thence,
15. S. 00 030'57" E. 496.18 feet; thence,
pace 1 of 2
a 9
16. S. 89 029'03" W. 146.33 feet; thence,
17. S. 00 030'57" E. 45.83 feet; thence,
18. S. 89 029'03" W. 8.00 feet; thence,
19. S. 00 030'57" E. 136.99 feet to a non - tangential curve concave to the northeast
having a radius of 541.61 feet, a radial to said point bears S. 00 °33'52" W.;
thence,
20. Northwesterly along said curve through an angle of 36 029'32" a distance of
344.96 feet, a radial to said point bears S. 37 °03'24" W.; thence,
21. S. 37 035'33" W. 80.68 feet to a non - tangential curve concave to the northwest
having a radius of 121.85 feet, a radial to said point bears S. 55 046'36" E.;
thence,
22. Southwesterly along said curve through an angle of 48 °52'21" a distance of
103.94 feet to a compound curve concave to the northwest having a radius of
248.67 feet; thence,
23. Southwesterly along said curve through an angle of 07 055'49" a distance of
34.42 feet, a radial to said point bears S. 030 10' 12" W.; thence,
24. S. 01 °10'23" W. 183.62 feet; thence,
25. S. 89 020'00" E. 505.74 feet to the True Point of Beginning.
The area of above - described land is 820,846 square feet, more or less.
page 2 of 2
Centennial Park
Exhibit "B"
Page 3
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