HomeMy WebLinkAbout05 - CC-4 - Attachment 1 - 9/20/2016ATTACHMENT I
FIRST AMENDMENT TO
COMMUNICATIONS SITE LEASE AGREEMENT
THIS FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT
(the "First Amendment") is entered into this day of , 2016 (the
"Effective Date"), by and between the CITY OF COSTA MESA, a municipal corporation.
(hereinafter referred to as "Lessor") and T -MOBILE WEST TOWER LLC, a Delaware limited
liability company, by and through CCTMO LLC, a Delaware liability company, its attorney in fact
(hereinafter referred to as "Lessee").
RECITALS
WHEREAS, Lessor owns certain land totaling approximately 49.5 acres, obtained by
Lessor from the United States of America (hereinafter referred to as the "USA"), as surplus
property, known as Air Force Rocket Facility (Portion), Costa Mesa, California, D -Calif -406-F,
City of Costa Mesa, and deeded to Lessor on April 28, 1960 (the "Lessor's Property") by Quitclaim
Deed, as further modified by that certain Deed of Release and Subjection, recorded on August 30,
1973 in the Official Records of Orange County (the Quitclaim Deed as modified by the Deed of
Release and Subjection shall be referred to hereinafter as the "Quitclaim Deed"). Said Quitclaim
Deed is attached hereto as Exhibit A; and
WHEREAS, Condition No. 3 of said Quitclaim Deed provides that Lessor "will not sell,
lease, or otherwise dispose of [the premises] without first obtaining the written authorization of
the Secretary of the Interior (hereinafter referred to as "the Secretary") for such sale, lease or other
disposal"; and
WHEREAS, Lessor and T -Mobile West Corporation ("Original Lessee") entered into that
certain Communications Site Lease Agreement, dated January 18, 2011 (the "Lease"), whereby
Original Lessee leased certain real property, together with access and utility easements, located in
Orange County, California from Lessor (the "Premises"), all located within the Lessor's Property;
and
WHEREAS, the Premises may be used for the purpose of constructing, maintaining and
operating a communications facility, including tower structures, equipment shelters, cabinets,
1
Site Name: Tewinkle Monopine
Business Unit #: 828382
meter boards, utilities, antennas, equipment, any related improvements and structures and uses
incidental thereto ("Communication Services"); and
WHEREAS, the Lease has an Initial Term that commenced on September 30, 2010 and
expires on September 29, 2015. The Lease provides for five (5) Renewal Term of five (5) years
each. According to the Lease, the final Renewal Term expires September 30, 2040; and
WHEREAS, Lessor and Lessee desire to continue providing the Communication Services
for the use and benefit of the general public, and desire to amend the Lease for the purpose of
complying with certain terms and conditions as required by the National Park Service ("NPS"),
acting for the Secretary; and
and
WHEREAS, the parties desire to collocate Verizon Wireless at the Premises; and
WHEREAS, Lessor is satisfied that Lessee's use of the Premises is in Lessor's best interest;
WHEREAS, Lessor and Lessee desire to amend the Lease on the terms and conditions
contained herein.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are acknowledged, Lessor and Lessee agree as follows:
1. Recitals; Defined Terms. The parties acknowledge the accuracy of the foregoing
recitals. Any capitalized terms not defined herein shall have the meanings ascribed to them in the
Lease.
2. One -Time Rent Increase. Commencing on the first day of the second month
following the full execution of this First Amendment, the annual Rent shall increase by Seven
Thousand Six Hundred Forty -Four and No/100 Dollars ($7,644.00) ("One -Time Rent Increase").
The One -Time Rent Increase shall be in addition to the annual rent increase scheduled to occur
pursuant to Section 5 of the Lease. Following the One -Time Rent Increase, the Rent shall continue
to adjust pursuant to Section 5 of the Lease.
2
Site Name: Tewinkle Monopine
Business Unit #: 828382
3. Use of the Premises. The following is hereby inserted following the last sentence
of Section 2 of the Lease:
Lessee shall use, occupy and maintain the Premises in a business like, careful, clean and
non -hazardous manner for the sole purpose set forth in this Section 2 in strict accordance
with all terms and provisions imposed by the Department of the Interior as set forth in
Exhibit A. Written approval by Lessor and written concurrence by the Secretary or his/her
delegated representative, NPS, shall be required for other proposed use in conjunction with
or in addition to those specified herein.
4. Assignment and Subletting. Section 14 of the Lease is hereby deleted in its entirety
and the following is inserted in its place:
Lessee shall not assign this Lease or any interest therein, nor let or sublet the
Premises or any part thereof or any right or privilege appurtenant thereto, nor permit
the occupancy or use of any part thereof by any other person without the written
consent of Lessor and the Secretary, or his/her delegated representative, NPS. Said
let or underlet without the written consent of Lessor and the Secretary, or his/her
delegated representative, NPS, shall be grounds for termination of this Lease by
Lessor or possible reversion by the USA.
5. Collocation. Lessor and Lessee acknowledge that Verizon Wireless currently has
a pending application for collocation on the Premises pursuant to Section 14 of the Lease, as
revised by Section 4 of this First Amendment. Lessor hereby consents to Verizon Wireless'
collocation of equipment on the Premises pursuant to the pending collocation application.
6. Liens. Lessee shall keep the Premises free from any and all liens arising out of any
work performed, materials furnished, or obligations incurred by Lessee during the term of the
Lease or any extension or renewal thereof.
7. Waiver. Failure of either party to complain of any act or omission on the part of the
other party, no matter how long the same may continue, shall not be deemed to be a waiver by said
party of any of said party's rights under the Lease. No waiver by either party at any time, expressed
or implied, of any breach of any provision of the Lease shall be deemed a waiver of breach of any
other provision of the Lease or a consent to any subsequent breach of the same or any other
provision. If any action by either party shall require the consent and approval of the other party,
the other party's consent to or approval of such action on any one occasion shall not be deemed to
be a consent to or approval of said action on any subsequent occasion. Any and all rights and
remedies which either party may have under the Lease, upon any breach, shall be distinct, separate
Site Name: Tewinkle Monopine 3
Business Unit #: 828382
and cumulative and shall not be deemed inconsistent with each other; and no one of them, whether
exercised by said party or not, shall be deemed to be an exclusion of any other.
8. The Lease and the obligations of the parties thereunder are subject to the terms and
conditions set forth in the Quitclaim Deed, and the current Program of Utilization which governs
the use of the Lessor's Property. Violations of the said terms and conditions may be grounds for
reversion to the USA, at its discretion and termination of the Lease, and Lessee owned personal
and real property improvements associated with the Lessor's Property may be subject to seizure,
without compensation, by the USA.
9. Miscellaneous. The last sentence of the last paragraph of Section 18
"Miscellaneous" of the Lease, and only that sentence, is hereby deleted and the following is
inserted in its place:
This Lease contains all the terms and conditions between the parties, and no alteration,
amendment, or addition shall be valid unless in writing and signed by both parties with
written concurrence by the Secretary or his/her delegated representative, NPS.
10. IRS Form W-9. Lessor agrees to provide Lessee with a completed IRS Form W-9,
or its equivalent, upon execution of this First Amendment and at such other times as may be
reasonably requested by Lessee. In the event Lessor's interest in the Premises is transferred, the
succeeding lessor shall have a duty at the time of such transfer to provide Lessee with a completed
IRS Form W-9, or its equivalent, and other related paper work to affect a transfer in the rent to the
new lessor. Lessor's failure to provide the IRS Form W-9 within thirty (30) days after Lessee's
request shall be considered a default and Lessee may take any reasonable action necessary to
comply with IRS regulations including, but not limited to, withholding applicable taxes from rent
payments.
11. Ratification.
a) Lessor and Lessee agree that Lessee is the current lessee under the Lease, the Lease
is in full force and effect, as amended herein, and the Lease contains the entire agreement between
Lessor and Lessee with respect to the Premises.
b) Lessor agrees that any and all actions or inactions that have occurred or should have
occurred prior to the date of this First Amendment are approved and ratified and that no breaches
or defaults exist as of the date of this First Amendment.
4
Site Name: Tewinkle Monopine
Business Unit #: 828382
C) Lessor represents and warrants that Lessor is duly authorized and has the full
power, right and authority to enter into this First Amendment and to perform all of its obligations
under the Lease as amended.
12. Remainder of Lease Unaffected. The parties hereto acknowledge that except as
expressly modified hereby, the Lease remains unmodified and in full force and effect. In the event
of any conflict or inconsistency between the terms of this First Amendment and the Lease, the
terms of this First Amendment shall control. This First Amendment may be executed
simultaneously or in counterparts, each of which shall be deemed an original, but all of which
together shall constitute one and the same agreement.
[Signature pages follow]
Site Name: Tewinkle Monopine 5
Business Unit #: 828382
This First Amendment is executed by Lessor as of the date first written above.
LESSOR:
CITY OF COSTA MESA,
a municipal corporation
Thomas R. Hatch
Chief Executive Officer
[Lessee Execution Page Follows]
Site Name: Tewinkle Monopine 6
Business Unit #: 828382
This First Amendment is executed by Lessee as of the date first written above.
LESSEE:
T -Mobile West Tower LLC,
a Delaware limited liability company
By: CCTMO LLC,
a Delaware limited liability company,
Its: Attorney in Fact
By:
Print Name:
Title:
Site Name: Tewinkle Monopine 7
Business Unit #: 828382
Exhibit A
Deed
RECEIVED
NPS REGION FOUR OFFICE
JUL 2 6'60
Air Force Rocket Facility (Portion)
Costa Mesa, California
D -Calif -406-F
City of Costa Mesa
RECR
QUITCLAIM DEED
THIS DEED made the 28th day of April, 1960, by and between
the UNITED STATES OF AMERICA, acting by and through the AD IEVISil%AIOR
OF GE ERAL SERVICES, under and pursuant to the powers and authority
contained in the provisions of the Federal Property and Administra-
tive Services Act of 1949 .(63 Stat. 377), the Surplus Property Act of
1944 (58 Stat. 765), as amended, more particularly by Public Law 616,
80th Congress, approved June 10, 1948, and the regulations and orders
issued pursuant thereto, Party of the First Part, and the CITY QF
COSTA MESA, a municipal corporation under the laws of the State of
California, its successors and assigns, Party of the Second Part,
WITIMSSETH:
The said Party of the First Part, for and in consideration
of the continuous use and maintenance of the premises by the Party of
the Second Part as and for a public park for public recreational
purposes, and other good and valuable consideration, has remised,
released and forever quitclaimed, and by these presents does remise,
release and forever quitclaim, unto the Party of the Second Part, and
to its successors and assigns, the following described property
situated in the County of Orange, State of California,, to wit:
That portion of Lot 11 and Lot 12, Berry Rancho, as shoim
on map recorded in Book 9, page 7 of Miscellaneous Maps of
Los Angeles County, California, described as follows:
BEGIN11ING at the point of intersection of a line that is
parallel and distant Northwesterly, ne asured at right
angles, 285 feet from the center line of Newport Boule-
vard, 60 feet wide; and a line that is parallel with and
430 feet northerly, measured at right angles with the
South line of said Lot 12, or its Easterly projection
thereof.
Thence from said Point of Beginning along said last parallel
line North 890 381 1311 I•lest 400.00 feet; thence North 00 211
4711 East 496.96 feet; thence North 890 381 131t Nest parallel
with the South line of Lots 11 and 12, a distance of 2,193.25
feet to the Northeast corner of the lands of the Costa Mesa
Unified School District being Coordinate Station North
1929.26 and East 3443.81 as per Plane Coordinate System
established by the United States Army Enp.neers for the
Santa Ana Army Air Base;
Thence South 00 431 2711 West 929.28 feet to a point on the
South line of said Lot 11; thence South 890 381 131t East
along the South line of said Lot 11 and Lot 12, a distance
of 2,232.93 feet, more or less, to a point lying Easterly
of a line parallel with and distant Northwesterly 285.00
feet, measured at right angles, from the center line of
Newport Boulevard 60.00 feet wide; thence North 400 371 39tt
East along said parallel line to the Point of Beginning.
Containing 49.5 acres, more or less.
Excepting therefrom and reserving to Party of the First Part,
one elevated steel 500,000 gallon water tank and one steel
200,000 gallon water tank now located on the said preni.sos,
together with the right to enter upon the said pro ses and
Air Force Rocket Facility (Portion)
Costa Mesa, California
D -Calif -106-F
City of Costa Mesa
remove the said water tanks, such right of removal to
contir_ue for a period of one year from the date of this
instrument.
SU&TECT to all casements, liens, reservations, exceptions or
interests of record or now existing on the prai3ises above described.
SAID P11OPERTY transferred hereby was duly determined to be
surplus, and was assigned to the General Services Administration for
disposal pursuant to the Federal Property and Administrative Services
Act of 1949-(63 Stat. 377), as amended, and applicable n-Lles and
regulations.
TO HAVE AND TO HOLD the said prci;:ises, with their appurten-
ances, unto the said Party of the Second Part, its successors and
assigns, subject to the reservations, conditions and covenants herein
contained.
The said Party of the Second Part docs by the acceptance of
this deed covenant and agree for itself, and its successors and assigns
forever, as foil m- s :
1) For a period of twonty (20) years from the date of
this conveyance, the premises above described shall be con-
tinuously used and maintained as and for a public park for
recreational purposes, as set forth in Application for
Priority anrl/or Transfer for Public Park, Public Recreational
Area and/or Historical Monument, which application is dated
October 23, 1958 and was submitted to Party of the First
Part by the Party of the Second Part.
2) For a period of twonty (20) years from the date of
this com ey ance, the Party of the Second Part, its successors
and assigns, shall file bieivaial reports with the Secretary
of the Interior, setting forth the use of the property during
the preceding tt•r0-year period, and other pertinent data
establishing its continuous use of the premises for the
purposes set forth above.
3) The Party of the Second Part will not sell, lease,
or othert:ise dispose of, any of the premises above described
within tt•renty (20) years from the date of this conveyance,
without first obtaining written authorization of the
Secretary of the Interior to such sale, lease, or other
disposal.
4) Tho Party of the First Part shall have the right
during the existence of any national emergency declared by
the President of the United States of America, or the
Congress thereof, to the full, unrestricted possession,
control and use of the promises, or any part thereof, without
charge; EXCEPT that the Party of the First Part shall be
responsible during the period of such use, if occurring
t•rithin a period of twonty (20) years from the date of this
conveyance, for -the entire cost of maintaining the
premises, or any portion thereof, so used, and shall pay a
fair rental for the use of any iilstaLations or structures
which have been added thereto without Federal aid; PROVIDED
HUZVER, that if such use is requir,.d after the expiration
of a period of twenty (20) years from the date of this con-
veyance, the Party of the First Part shall pay a fair rental
for the entire portion of the premises so used.
- 7 -
Air Force Rocket Facility (Portion)
Costa Nesa, California
D -Calif -x.06-F
City of Costa Mesa
QQ
S) In the event of a breach of any condition or
covenant herein imposed, the Secretary of the Interior
may immediately enter and possess himself of title to the
herein -conveyed premises for and on behalf of the United
States of America.
6) In the event of -a broach of any condition or
covenant herein imposed, the Party of the Second Part
will, upon demand by the Secretary of the Interior, take
such action, including the prosecution of suit, or execute
such instruments as may be necessary or required to
evidence transfer of title to the herein-conveyod premises
to the United States of America.
In the event there is a breach of any of the conditions and
covenants herein contained by the Party of the Second Part, its
successors and assigns, whether caused by the legal inability of said
Party of the Second Part, its successors and assigns, to perform said
conditions and covenants, or otherwise, during said tuenty year
(20 year) period, all riZht, title and interest in and to the said
premises shall revert to and become the property of the United States
at its option, and it shall have the immediate right of entry upon
said promises, and the Party of the Second Part, its successors and
assigns, shall forfeit all right, title and interest in said
premises and in any and all of the tenements, hereditaments and
appurtenances thereunto belonging;
PROVIDID, Ha,!EVER, that the failure of the Secretary of the
Interior to require in any one or more instances complete performance
of any of the conditions or covenants herein contained shall not be
construed as a waiver or relinquishment of such future performance,
but the obligation of the Party of the Second Part, its successors
and? assigns, with respect to such future performance shall continue
in full force and effect;
PROVIDED FURTFER, that in the event the Secretary of the
Interior fails to exercise the option to re-enter the premises for
any such breach within twenty-one (21) years from the date hereof,
all of said conditions and covenmts, together with all rights of
the United States of America to re-enter thereon as hereinabove
provided, shall as of that date terminate and be extinguished.
IN ETITIMSS WIEREOF, the UNITED STATES OF AIMICA has caused
these presents to be executed as of the day and year first above written.
UNITED STATES OF MEMICA
Acting by and through the
ADMINISTRATOR OF GETMAL SMVICES
13Y /e/ MC2 X ft
John R. De2•Iun, Chief
Acquisition and Disposal Division
Public Buildings Service
General Services Administration
Region 9, San Francisco, California
CONFORMED
- copy
STATE OF CALIFORNIA )
( ss:
City and County of San Francisco )
On this day of 1960, before me, Sigrid E.
Anderson, a Notary Public in and for the City and County of San
Francisco, State of California, personally appeared JOHN R. DE MUN,
known to me to be the Chief, Acquisition and Disposal Division, Public
Buildings Service, General Services Administration, Region 9, San
Francisco, California, and acknowledged that he executed the within
instrument on behalf of the United States of America, acting by and
through the Administrator of General Services.
WITNESS my hand and official seal.
I
A/ man Z.
(SEAL)
Notary Public
in and for the City and County of
San Francisco, State of California
My Commission Expires: March 4, 1961
CONFORI VIED
COPY
Pg_t! .,�T"� By. r i iii,. .%32120 B!t �� l;;ic 6 14
iiney
ro! l Liuce is x IM C2 I
Co„a MUC d, Cala. 92;,2” Government Agency Exempt
DF ED OF RELL \SF .k\D SUBJI Ci ION
City of Costa f',`e5a-4; 7 (/—.R,J
TIIIS DIED OF A.XD SUBJECTION by and between the City of Costa
Mesa, a rlmi ci i,al c ,r�or tion u:uler the lal�Ts of the State of California,
lh^roin:-Ftcr rc.rerr-d to as "City", and the UNITED ST:ITES OF X,9 --;RIGA,, acting
by : iad Uirou-h t;he Ro;ional Director, Pacific Sout'li•:est Pcgion, of the
Bureau of outdoor Recreation, United States D--partmcnt of the Interior,
wader and pursuant to the po`.,ers and authority contained in the Federal
Property a:,a .`,G, ii nistrativc Services Act of 1949 (63 Stat. 377) , as amended,
the Surplus Pr--,,=ty Act of 1944 (58 Stat. 765) , as amended, more partic-
ularly by Public Lw.v 616, 801uh Congress, approved June 10, 1948, and the
regulations and orders issued pursu,ait thereto.
WITNESSETH THAT:
IITMRE.4S, The City acquired by quitclaim deed, dated April 28, 1960,
�recor.ded in Book 5286, Page 297 of the Official Records of the County of
Oran e, State of California, from the United States of , erica, acting by
vhd through the A±rdnistrator of General Services, that certain real
Iironerty, hereinafter referred to as the "GSA Parcel", described as follo;.:s:
That portion of Lot 11 and Lot 12, Berry Rancho, as shovm
on r;ap recorded in Bool; 9, pa,e 7 of ;lliscellaneous•laps
of Los Angeles Cowity, California, described as follows:
BEGIN";I'�G at the point of intersection of a line that is
parallel acid dist.-,nt Nortlh:.:esterly, Treasured at right
angles, 285 feet from the center line of Neivj)ort
Boulevard, 60 feet vide, and a line that is parallel
with and 430 feet northerly, rnasured at right angles
with the South line of said Lot 121, or its Easterly
projection thereof.
Thence from said Point of Beginning along said last
parallel line North 89° 3S' 13" West 400.00 feet; thence
North 0° 21' 47" East 496.96 feet; thence North 89° 38'
13" West parallel with the South line of Lots 11 and 12,
a distance of 2,193.25 feet to the Northeast corner of
the lands of the Costa Mesa Unified School District being
Coordinate Station North 1,929.26 and East 3,443.81 as
per Plane Coordinate System established by the United
States An;T Engineers for the Santa Ana Army Air Base;
Thence South 0° 43' 27" ltiest 929.28 feet to a point on
the South line of said Lot 11; thence South 89° 38' 13"
East along the South line of said Lot 11 and Lot 12, a
distance of 2,232.93 feet, more or less, to a point
lying Easterly of a line parallel With and distant
Northicesterly 285.00 feet, measured at right angles,
from the center line of N'ei%l)ort Boulevard 60.00 feet
wide; thence `:ortlh 40° 37' 39" East along said parallel
line to the Point of Beginning.
Containing 49.5 acres, more or. less.
MIERF.AS, the City in said quitclaim deed comvenanted and agreed to
certain tel--)orar;.- conditions, reservations and restrictions regarding said
GSA Parcel; and
RECORDED 1:4 OFFICIAL RECORDS
OF ORANGE COUNT Y, CALWORNIA
9:05 A.M. AUG 0 ISM
I. VNI.11E G4;:LiiE, L':::;ily I'- -, ..:,:r
M
0 BK 10878H 615
I%1IFRUXS1 the City is desirous of having a portion of said GSA Parcel,
hcreinaftci rr.crred to as "portion", rele�i�;ed and foi-over discharged of
and from all of the conditions, reservations and restrictions contained in
said quitclaim deed and said portion of said GSA Parcel described as follows:
Real nroperty in the Cit; of Costa ?Iesa, County of Orange,
State of California:
That portion of Lot 12 of the Berry Rancho as shown on a
map re, -orches in P-ok 9, page 7 o �-Iiscellzneous Records
of Los Angeles County, California, described in deed to
the Cit; of Costa Mesa recorded in Book 5286, pAge 297
of Official Records, included within tie following
described parcel of land:
Cor:-iiencing at the north..csterly corner of Lot 45 of
Tract No. 3749 as shown on a map recorded in Book 131,
pages 20 to 23 inclusive of Miscellaneous Maps, in the
Office of the County Recorder of Orange County; thence
along the northerly line of said Lot 4.5, S 89° 37' 27" E,
57.47 feet; thence Southeasterly along a tangent curve
concave southh.•esterly, leaving a radius of 25 feet, through
an angle o� 120° 27' 56", an arc distance of 52.56 feet;
thence tan`cnt to said curve S 30° 50' 29" 1V, 190.36 feet
to the TRUF; POI',T OF BEGINNIN"G; thence Southwesterly
along a t?ngent curve concave Northwesterly, having a
radius of 670 feet, L'hroligh an angle of 10° 10' 34", an
arc distance of 119.00 feet; thence S 41° O1' 03" 1V,
438.25 feet; thence Southwesterly along a tangent curve
concave Northwesterly, having a radius of 4,970 feet,
through an angle of 1° 58' 51", an arc distance of 171.82
feet; thence tangent to last mentioned curve S 42° 59' S4"
1V, 415.56 feet; thence Southh,,esterly along a tangent curve
concave Southeasterly having a radius of 7;530 feet,
through an angle of 0° 37' 22", an arc distance of. 81.85
feet to t -,e southerly line of said Lot 12; thence along
said southerly line of S 89° 38' 09" E, 133.25 feet to
the north:: es terly line of that certain parcel of land
described as Parcel l in deed to the State of California
recorded in Book 5728, page 263 of Official Records, in
said office; thence along said northwesterly line N 40°
37' 38" E, 1,353.04 feet to tie southeasterly corner of
Lot 1 of said Tract No. 3749; thence along the southerly
lines of said Lot 1 and said Lot 45, N S9° 37' 27" IV)
138.36 feet to that certain course hereinabove described
as having a bearing of S 30° 50' 29" 1V; thence along said
course S 30° SO' 29" 1V2 126.17 feet to the TRUE' POINT OF
BEGINNING.
1NI-IEREkS, the City in consideration for said release and discharge of
said portion is idlling to subject the remainder of said GSA Parcel, (herein-
after refer -red to as "remainder') to said conditions, reservation and
restrictions forcver and in perpetuity; and
1%TMR"S, the City Council of the City of Costa Mesa by riinute Order and
by Resolution adopted June 4, 1973, approved and authorized such release and
discharge and such subjection , certified copies of which are attached hereto
marked Exhibit 'W'3 and by this specific reference made a part hereof; and
2
o BK 1 08781T 616
111.11FJTF S, the United SLates of. "mcrica, acting by and through the Secretary
of tie Interior, wi ci the approval. of the Adfi,dnistrater of General Services,
has detertidned that such release and discharge and such subjection will not
prevent acco;,-.Pli shront of the purpose for which such property uras transferred;
Ti«ITTCAT;L, ti c United States of lv-ierica, acting by and through the
Rcgional Director, Pacific SouLh,.:^sL Legion, eF t;io Lurcau of Outdoor
Recreation, Donartment bi: the Interior, does hereby release and forever
discharge that -portion hereinabox-e described of and from all - of the conditions,
reservath�i,s ^nd restric-.t-ions a F�ecting that portion of said GS.% Parcel as
convoyed by quitci@i— deed, dated -,pril 28, 1960, recorded on Book 5256,
Page 297 of the Oifici al Records of the COLMty of Orange, State of California,
by and between the Cir)- and the United States of America, acting by and
throt:�-h the A ';,dn.istrator of C.ateral Services, and in consideration of such
release and discharge of that above described portion of acid from all such
conditions, reservations and restrictions, the City does hereby- convenant
and agree for itself, its successors and assigns, that said remainder shall
be subject to the following conditions, reservations and restrictions:
1. The rer.:ai nder above described shall be forever and
continuously used and maintained as aihd for a public
park for public recreational purposes, and for these
purposes only, in accordance iJ th a plan dated
October 23, 1955, cn file -at the offices of the
Bureau of Outdoor Recreation, Pacific Southwest
Region, Department of the Interior, in San Francisco,
California, and in the offices of the City of Costa
1'-_sa, California.
2. Until Pgri 1 28, 1980, and thereafter as determined.
by the Secretary of the Interior, the City, its
successors and assigns, shall file biennial reports
t-rith the Secretary of the Interior, setting forth
the use of said remainder during the preceding two-
year period, and ober pertinent data establishing
its continuous use of said premises for the purposes
set forth above.
3. The City will not sell, lease, or othenaise dispose
of, any of said re-nainder without first obtaining
the written authorization of the Secretary of the
Interior for such sale, lease or other disposal.
4. The United States of America shall have the right
during the e_-,dstence of any national emergency
declared by the President of the Unitcd States
of N;erica, or the Congress thereof, to the full,
unrestricted possession, control and use of said
remainjer or any part thereof, without charge;
EXCEPT that the United States of America shall be
responsible during the period of such use, if
occurring within the balance of the original
t,;enty (20; ycar period as Measured by the date
of the original quitclai,,a deed, above described,
for the entire cost of maintaining said remainder
or any scomont thereof, , so used, and shall pay a
fair rental for the use of any installations or
structures which have been added thereto without
Federal aid; PROVIDED, Ila -%0. ER, that if such use
is required after the expiration of the original
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UO
BQ08781'r 517
t,.1er, y (20) yelarz-, from Uic date of the original
quitclaii.. •decd, above descry t-Jod, the United States
of. America shall nay a fair rental for the entire,
portion of said rer-iinder so used.
S. As part of the consideration for this Decd the City,
by accei:tance thereof, cow cnwits and agrees for
itself, its succ�:ssors and assin. s, that (a) the
program for or in connection v.itli which this Deed is
made will be cencucted in co;,.plies .ce with, and the
City, its successor= and assigns, will cor.;i)ly wit;i,
and:ill require any other person (any legal entity)
1":ho thrOLI,il contractual or other arrangements with
the City, its successors and assigns, is author=. -_-d
to provide services or benefits under said program
to cc:�ply ui th, all requirc:::ents irl)osed by or
pursuant to the regulations of the General Services
Administration as in effect on the date of this Deed
(41 CFP. Subpart 101-6.2) issued under the provisions
of Title VI of the Civil Rights Act of 1964; (b) this
convenant shall be subject in all respects to the
provisions of said regulations; .(c) the City, its
successors �_-hd assigns , fall prom qtly take and
continue to take such action as may be necessary to
effectuate this convenant; (d) the United States
shall have the riolit to seek judicial enforcement
of this convenant; and (e) the City, its successors
and ass-io hs , will (i) obtain from each other person
(any legal entity) idio, through contractual or
other arrange• ,-:ants with the City, its successors
or assigns, is authorized to provide services or
benefits under said progr^m, a written agreement
pursuant to -.:hidh such other person shall, with
respect to the sen -ices or benefits which he is
authorized to provide, undertake for himself the
same obligations as those imposed upon the City,
its successors and assigns, by this convenant,
and (ii) furnish the original of such agreement
to the Secretary of the Interior, or his successor,
upon his request therefor. This convenant shall
run with said remainder and shall in any event,
without regard to technical classification or
designation, legal or othenaise, be binding to
the fullest extent perndtted by law and equity
for the benefit of, and in favor of, and enforce-
able by the United States of America against the
City, its successors and assigns.
6. In the event of any breach of any condition or
convenant herein contained, regardless of the.
cause of suds 'breach, all right, title, and
interest in and to the above described remainder
in its then existing condition, including all
imorovei.-Onts thereon, shall revert to and become
the property 04- the United States of America at -
its option upoii demand made in i•,Z•iting by the
Secretary of the Interior, or his successor in
function. `
7. In the event of'any breach of'any condition or
convenant herein contained regardless of the
cause of such breach the United States of America
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O BX I C8713PG 618
shall have the immediate right of entry upon said
rer:ainrLr, anti the City , its successors and assigns,
shall forfeit all right, title and interest in the
said remai nc'cr quid in any :-id all of the tenements,
het edi ta�cnt� , and apnurtenances thereunto belonging,
and shall t_ -'.c suJi action r-nd execute suds documents
as may be necessary or required to evidence transfer
of title to said r0ma-inder to the United States of
America.
8. The failure of the Secretary of the Interior, or his
successor in function, to insist upon complete
perior,,mice of this condition in any one or more
instances shall not be -construed as a waiver or
relirquislinent of future performance thereof, but
the obligation of the City, its successors and
assigns, with respect to such future performance
shall continue in full force and effect.
IN idIT SS 11i I'�CF, the U`,ITED STATES OF AT�RIG4 and the City of COSTA
TESA have caused these presents to be executed as set forth and witnessed
hereinbelow.
UNITED STATES OF A`EUC_A
Acting by and throe^h the
Regional Director, Pacific
Southwest Region, of the
Bureau of Outdoor Recreation,
United States Department of
the Interior.
! �' '�� Ja.
8x t 0878PG 619
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by Deed of
Release and Subjection from UNITED STATES OF AMERICA, Acting by and through the
Regional Director, Pacific Southwest Region, of the Bureau of Outdoor Recreation,
United States Department of the Interior, to the CITY OF COSTA MESA, a munic-
ipal corporation, is hereby accepted by order of the City Council of the City
of Costa Mesa on the 20th day of August, 1973, and the grantee consents to
recordation thereof by its duly authorized officer.
V
City Clerk and ex -officio Clerk A the
` City Council of the City of Costa Mesa
I DATED: August 27, 1973
N
0 E# 10878FE 5 IS
shall have Jie immtdi ate right of entry upon said
reria U-,Icr, and the City, its successors and assigns,
shall forfeit all right, title and interest in the
said rt...ainder anal in any and all of the tenements,
heredity,_ lits, anti annurtenances thereunto belonging,
and shall tzE,e such action and execute such docwnents
as m - be necessary or required to evidence transfer
of title to said remainder to the United States of
America.
8. The failure of the Secretary of the Interior, or his
successor in function, to insist ur_on comUlete
performance of this condition in any one or more
instance= small not be coilstru--d as a waiver or
relinquishment of future performance thereof, but
the obligation of the City, its successors and
assigns, with respect to such future performance
shall continue in full force and effect.
IN 1.ITi\T-SS ?':1EREOF, the UNITED STATES OF AFRICA and the City of COSTA
MESA have caused these i)resents to be executed as set forth and witnessed
hereinbelow.
5
UNITED STATES OF XIERICA
Acting by and through the
Regional Director, Pacific
Southwest Region, of the
Bureau of Outdoor Recreation,
United States Department of
the Interior.
4
n
CITY OF COSTA NES., a Municipal
Corporation
Attest Clt4 .
i y LIM
A TD FORM
- --- --j------- ----------
r
0 Bic 10878PG 6/"1'0
COUNTY OF SAN rRA\L1SCO )
} �s.
STATE OI
On this 3rd dqy of :August, 1973, before mc, Carol J. O'Daniels, a Notary Public
in and for the City and CoLuit}- of San Francisco, State of California, personally
app= --red :'iTi:,F. SvIvester, nnc n to r -c to be the Regional Director,
nPacific
Sout:iwest Pe -ion, Bureau of Outdoor Recreation, of the United States Department
of the Interior, San l rancisco, California, and aclarowledged that ]ie executed
the within instrum-ant on behalf of the United States of America, acting by
and through the :Secretary of the Interior.
OFFICIAL AL
CA;OL .I. O'Dr.'!I�LS
ryOIAPY PULLIC•CALICU�.N�4
CGUINrY
:dlrt LCI ,;u.1-75 ..
7265 WiIJ Cum It Wzy. 0 hp..1, CA. _511
1`1x Con ni ss " on Expires:
STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE
On this _ 22nd _d ay
before rte, the undersigned,
County and State, personally
OCL"'L'
^ Q— ` �r.,t • lr
NOTARY PUBI� C
of AUGUST , in the year 1973 ,
a Notary Public in arid for said
appeared WIT T A;� T JOPj). '
known to me to be the VICE K'AYOR
of the City of Costa Mesa that executed the within instrument, and known
to me to be the person who executed the within instrument oa behalf
of the City therein na,�Sed, and acknowledged to me that he executed
the within instrument pursuant to a resolution of its CityWnc
WITNESS my hand and official seal. %lir
E�RRY F=^SSL P;otary Public in and said County and State
NOTARY PU3LIC-G1LIFORtJ'A (�
0- NGE COUNTY
1'7ror-- s_i-in CrF es F b. 27,1977
77 Fair Dri.e, C::Si9 14esa, CA. 92526
R1
PV.
cosld i. e• y. Cil 1. 92626
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O FC�G JUN .1 •1 19/3 '
14797 1c
--fli i J. VJI'LIE EtFiLYIC, Cnun,y Rccnftr
Rr',SOLUTTON NO. 73-54
A RESOLUTION OF TIIE CITY COU'1 CIL OF THE CITY OF
COSTA MESA CONSENTING TO AN 7,J,IENDMENT OF THE
QUITCT lI:i DEED !�01":i ,i1 TIIE UNITED STATES OF
AME 1:1CA ACTIi:G THROUGH TIIE ADi-1 hiISTRATOR OF
3ENEP,AL SERVICES, AND T 1E CITY OF COSTA MESA,
DATED APRIL 28, 1960, AND SETTING FORTIi THE
REASONS T..ERL'FOR.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE
I AS FOLLOT, S :
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THAT, WHEREAS, on or about April 28, 1960, the United States
of America acting through the Administrator of General Services,
Quitclaimed certain real property in the City of Costa Mesa to the
City of Costa Mesa, which said Quitclaim Deed was recorded in
Baok 5286, Page 297, Document No. 104485 Records of Orange County;
and
WHEREAS, said real property heretofore described is known
as TeWinkle Park; and
WHEREAS, the State of California has heretofore requested
a portion of said TeWinkle Park on its easterly boundary for the
construction of the Newport Freeway; and
WHEREAS, tentative agreements were reached between the
State of California and the City of Costa Mesa concerning said
property, and compensation therefor, subject to the terms of the
aforementioned Quitclaim Deed; and
WHEREAS, extensive studies have been made to ascertain
whether or not suitable substitute land is available for purchase
for park purposes, and that no land is available for said
purposes; and
WHEREAS, the United States Department of the Interior,
Bureau of Outdoor Recreation with the concurrence of the General
Service Administration, acting v nder the provisions of the
Federal Property and Administrative Services Act of 1949, has
- 1 -
749Pc 727
1 agreed to allow the transfer to the State of California for the
2 compensation agreed upon between the City of Costa Mesa and the
3 State of California, under certain conditions; and
4 WHEREAS, said conditions are that the City extend the Park
5 and Recreation Dedication of TeWinkle Park to perpetuity, through
6 a deed revision of the aforementioned deed, and to dedicate the
7 proceeds obtained for the property sold to park development.
8 NOW, THEREFORE, BE IT RESOLVED that the City of Costa Mesa by
9 this Resolution agrees to amendment of the Quitclaim Deed, dated
10 'April 28, 1960, and recorded as aforesaid to provide that the Park
11 and Recreation Dedication contained therein, be extended to
12 perpetuity.
13 BE IT FURTHER RESOLVED THAT any proceeds obtained by reason
14 of the transfer of any of the aforementioned property to the State
15 of California for Highway and Freeway purposes, will be used
16 solely and exclusively for park development at TeWinkle Park.
17 PASSED AND ADOPTED this 4th day of June, 1973.
18 ATTEST:
19 ® r
20 City Clerk of -the7 Mayof of the City of Costa Mesa
21
City of Costa Mesa
22 STATE OF CALIFORNIA )
COUNTY OF ORANGE )
23 CITY OF COSTA MESA )
24 I, EILEEN P. PHINNEY, City Clerk of the City of Costa Mesa
and ex-officio Clerk of the City Council of the City of Costa Me$a,
25 hereby certify that the above and foregoing Resolution No. 73-54
was duly and regularly passed and adopted by the said City Council
26 at a regular meeting thereof held on the 4th day of June, 1973.
27 IN WITNESS WHEREOF, I have hereunto set my hand and affixed
28• the Seal of the City of Costa Mesa, this 5th day of June, 1973.
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31 City Cle-=k and ex-officio Cler of the
z� I City Council of the City of C(66-to Mesa