HomeMy WebLinkAboutMINUTES - 09282004 - C.12 TO: BOARD OF SUPERVISORS
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FROM: MAURICE M. SHIT, PUBLIC WORKS DIRECTOR _ C3Sta
DATE: September 28, 2004 County
SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute the Consent to
Assignment of Lease with Airport Capital Group,LP.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute the Consent to Assignment of
Lease and documents for the premises located at 45 John Glenn Drive, Concord area. WB Concord, LLC,
"assignor," are seeking the County's consent to assign their leasehold interest in the aforementioned property to
Airport Capital Group, LP, "assignee." Concord area. (District IV)
FISCAL IMPACT:
There will be no financial impact from this action.
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Continued on Attachment: SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR [l RECOMMENDATION OF BOARD COMMITTEE
[3'APPROVE , OTHER
SIGNATURE(S):
ACTION OF B A ON SEPTEMBER 28, 2004
APPROVED A ECOMMENDED Ej OTHER Q
VOTE OF SUPERVISORS
XX UNANIMOUS(ABSENT NONE }
AYES: NOES: I hereby certify that this is a true and correct copy of an action taken
ABSENT:ABSTAIN: and entered on the minutes of the Board of Supervisors on the date
shown.
G:\GrpData\Admin\Lisa D\BO templates-DLWirport\Assignment of Lease Consent.doc
ATTESTED: SEPTEMBER 28, 2004
Crit. tPublic Works(Airport Division) JOIN SWEETEN, Clerk of the Board of Supervisors and Count
Contact:
: Beth Lee(646-5722) p y
cc: County Administrator Administrator
Auditor-Controller(via RIP)
Real Property Division
Public Works Director
By� C ey,,"`"' ,Deputy
SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute the Consent to
Assignment of Lease with Airport Capital Group, LP.
DATE: September 28, 2004
PAGE: 2 of 2
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
The premises located at 45 John Glenn Drive at the Buchanan Field Airport is owned in fee by Contra Costa County
and is leased by the County to WB Concord, LLC for the operation of a hotel (formerly known as the Sheraton
Hotel, now operated under the Radisson Name). WB Concord,LLC owns the hotel improvements on the site and
desires to sell the hotel improvements and to assign the lease to the Airport Capital Group, LP, a wholly owned
subsidiary. Airport Capital Group,LP will be providing a significant financial investment to improve the structure
and enhance its economic vitality and performance.The hotel is also changing hotel brand affiliations which will
require a major capital investment for renovations. The ground lease for the premises states that any assignment of
the lease cannot be completed with the County's prior written consent.
CONSEQUENCES OF NEGATIVE ACTION:
The Consent to Assignment of Lease will not be executed and the assignment of the Lease will not be completed.
Recording Requested By:
Contra Costa County
Escrow No.
Title Order No.
When Recorded,Return To:
Contra Costa County Airports
550 Sally Ride Drive
Concord,CA 94520
Attn: Beth Lee
Space Above This Line Reserved
CONSENT AND AGREEMENT OF LESSOR
This Consent and Agreement of Lessor (i4Agreement") is executed and delivered as of this 29th
day of September, 2004, by the County of Contra Costa, a political subdivision of the State of California
("Lessor"), WB Concord LLC, a Delaware limited liability company, ("Lessee" or
"Assignor"), and Airport Capital Group, LP., a California limited partnership, who mutually
covenant and agree as follows:
RECITALS:
(a) Lessor is the lessor under that certain Modification of Lease Agreement dated January 26,
1976, by and between the Lessor and Sasha Maloff("Maloff"), as lessee, relating to the real
property more particularly described in Exhibit "A" hereto ("Leased Premises"). (The
Modification of Lease Agreement has been amended and assigned as described on Exhibit "B,"
and shall hereinafter be referred to as the "Lease").
(b) Maloffs interest in the Lease was subsequently assigned to and assumed by Lessee's
predecessors-in-interest as described in the documents listed on the attached Exhibit "B,"which
predecessors-in-interest first included Kruttschnitts and then Servico, as defined therein.
(c) Servico and Lessee executed a Ground Lease Assignment, dated August 18, 2000, whereby
Servico, as assignor, assigned all of its right, title, and interest in and to both the Lease and to
the Leased Premises to Lessee, as assignee, which Ground Lease Assignment was placed into
escrow.
(d) Lessee desires to sell and assign its interest in and to the Lease to Airport Capital Group, LP,
and Airport Capital Group, LP desires to acquire and accept the assignment of Lessee's
leasehold interest in the Lease under the terms and conditions described in that Purchase and
Sale Agreement dated September 7, 2004 ("Purchase and Sale Agreement"), and subject to
the terms and conditions contained in this Agreement.
(e) The Lease requires that Lessee receive Lessor's written consent before it can sell or assign any of its
interest in the Lease. Lessor has agreed to execute this Agreement, without which Lessee would
not consummate the proposed transaction.
AGREEMENT
In consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the
receipt and legal sufficiency of which are hereby acknowledged, Lessor, Lessee and Airport Capital
1
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9/27/2004 2:10 PM
Group, LP hereby confirm and agree as follows:
1. Lessee agrees the Recitals contained hereinabove are true and correct.
2. Lessor hereby consents to the conveyance and assignment of Lessee's interest in and to the Lease
and to the Leased Premises by Lessee, as assignor, to Airport Capital Group, LP, as
assignee, completed by the Ground Lease Assignment,_ attached hereto and made a part
hereof as Exhibit "C," that becomes effective upon the closing date of the Purchase and Sale
Agreement.
3. Lessee's interest in the Lease is currently encumbered by a leasehold mortgage, as defined in
the Lease („Leasehold Mortgage"). As a condition of Lessor's execution of this Agreement,
Lessee hereby warrants that any and all of Lessee's Leasehold Mortgages, or financial
obligations as they pertain to the Lease or to Lessee's leasehold interest, shall be fully
retired prior to or simultaneously with the close of escrow completing the proposed
assignment of the Lease by Lessee to Airport Capital Group, LP, and prior to the recordation
into the official records of Contra Costa County of the documents described herein. Airport
Capital Group,LP has represented to Lessor that, upon the close of escrow completing the proposed
assignment of the Lease by Lessee to Airport Capital Group, LP, there will be no Leasehold
Mortgages encumbering either the Lease or the Leased Premises, although Airport Capital Group,
LP may encumber the leasehold interest with a Leasehold Mortgage after said close of escrow.
Airport Capital Group, LP understands that one of the terms of the Lease is that the lessee thereunder
may have only one Leasehold Mortgage, as defined therein, outstanding at any one time. In the event
that Airport Capital Group, LP encumbers the Lease or its leasehold interest with such a Leasehold
Mortgage, Airport Capital Group,LP understands, warrants, and agrees that Lessor shall neither be a
parry to a Leasehold Mortgagee's loan or other encumbrance, nor will Lessor's fee title or other
interests in the Lease be used as security for Airport Capital Group's, LP's Leasehold Mortgage,
nor will Lessor's interest be subordinate to any security interest of the Leasehold Mortgage or to
Lessee's interest in the Lease.
4, This Agreement does not act to amend the Lease. In the event there is any confusion or
contradiction between any term of the Lease and this Agreement, the terms of the Lease shall
prevail.
5. Unless otherwise notified by Airport Capital Group, LP, copies of any notices from Lessor to
Airport Capital Group, LP under the Lease shall be sent to Airport Capital Group, LP at the
following address:
Airport Capital Group,LP.
433 North Camden Drive, Suite 900
Beverly Hills, CA 90210
Attn: Mr. Faraz Daneshgar
With a copy mailed to:
Foster Tepper, Esq.
9454 Wilshire Boulevard, Suite 600
Beverly Hills, CA 90212
2
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Lessee hereby warrants and represents that none of its Leasehold Mortgagees, as defined in the
Consent and Agreement of Lessor dated August 31, 2000, shall be required to be notified of any
future correspondence or notices. This Agreement executed by the undersigned satisfies the
change of address notification provision of the Lease, as amended.
6. This Agreement shall be binding upon the parties hereto, and their respective successors and
assigns.
7. Any dispute involving the interpretation or enforcement of this Agreement shall be decided under
the laws of the State of California, with venue in the Superior Court of the County of Contra
Costa, California. This Agreement may be executed in any number of counterparts which,when
taken together, shall be deemed to be one document.
8. The provisions of this Agreement shall survive both the execution,delivery,and recordation of this
Agreement, and the execution, delivery,and recordation of the Ground Lease Assignment.
LESSOR LESSEE/ASSIGNOR
CONTRA COSTA COUNTY,awlitical WB CONC , LC, a Delaware limited
subdivision of the State of Cayjifo is liability c an
By
Ma . Shiu a A. A-t-i .-
Public Works Director
its: U
RECOMMENDED FOR APPROV
Byl—I ASSIGNEE
Keith Freitas
Director of Airports AIRPORT CAPITAL GROUP,LP., a California
limited partnership
B By: Airport Capital Group, Inc.
Karen aws A California Corporation
Principal Real Property Agent Its General Partner
APPROVED AS TO FORM: Daneshgar
President
By
Pamela J. Z icy Z
Deputy, County Counsel Faraz Danes gar
Secretary
3
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9/27/2004 2:10 FM
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EXHIBIT rr A rr
LEGAL DESCRIPTION OF LEASE PARCELS
"COUNTY OF CONTRA COSTA, UNICORPORATED, STATE OF CALIFORNIA.
PORTIONS OF RANCHO MONTE DEL DIABLO,DESCRIBED AS FOLLOWS:
PARCEL 1
COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF CONCORD
AVENUE WITH THE PROPOSED CENTER LINE OF MERIDIAN PARK BOULEVARD,AS SAID
CENTER LINES ARE SHOWN ON THE MAF'OF SUBDIVISION 3258 FILED APRIL 28, 1965
IN BOOK 104 OF MAPS, AT PAGE 1, OFFICIAL RECORDS OF SAID COUNTY; THENCE
FROM SAID POINT OF COMMENCEMENT ALONG THE. CENTER LINE OF THE
NORTHWESTERLY EXTENSION OF MERIDIAN PARK BOULEVARD, NORTH 4002823"
WEST, 53.34 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID CONCORD
AVENUE,THENCE, ALONG SAID NORTHWESTERLY LINE, BEING PARALLEL WITH AND
52.00 FEET NORTHWESTERLY,MEASURED AT RIGHT ANGLES,FROM SAID CENTER LINE
OF CONCORD AVENUE NORTH 62023'00" EAST, 209.01 FEET TO THE TRUE POINT OF
BEGINNING OF THE FOLLOWING DESCRIBED PARCEL OF LAND; THENCE FROM SAID
TRUE POINT OF BEGINNING, CONTINUING ALONG SAID PARALLEL AND
NORTHWESTERLY LINE OF CONCORD AVENUE. NORTH 6223'00" EAST, 701.86 FEET;
THENCE, NORTHERLY ALONG A TANGENT CURVE CONCAVE TO THE WEST, HAVING A
RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 90000"00",AN ARC DISTANCE
OF 31.42 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF JOHN GLENN DRIVE;
THENCE,ALONG SAID SOUTHWESTERLY LINE NORTH 27°37'00"WEST,216.00 FEET AND
NORTHERLY ALONG A TANGENT CURVE CONCAVE TO THE.EAST,HAVING A RADIUS OF
234.36 FEET,THROUGH A CENTRAL ANGLE OF 32°07'06", AN ARC DISTANCE OF 131.38
FEET TO THE NORTHERLY LINE OF THE PARCEL OF LAND DESCRIBED IN EXHIBIT"A"
IN THE LEASE BY AND BETWEEN CONTRA COSTA COUNTY,AS LESSOR,AND CONCORD
PROPERTIES (A GENERAL PARTNERSHIP), AS LESSEE, RECORDED SEPTEMBER 29,
1971 1N BOOK 6487 OF OFFICIAL RECORDS,AT PAGE 216, RECORDS OF SAID COUNTY;
THENCE, LEAVING SAID SOUTHWESTERLY LINE OF JOHN GLENN DRIVE ALONG THE
NORTHERLY LINE OF SAID PARCEL OF LAND LEASED TO CONCORD PROPERTIES(6487
OR.215)NORTH 85°29'54"WEST,249.01 FEET THE.MOST NORTHERLY CORNER OF SAID
LEASE PARCEL; THENCE SOUTH 24°28'42" WEST, 466.12 FEET; THENCE, SOUTH
62°23'0{3"WEST,217.45 FEET; THENCE SOUTH 27°37'00" EAST, 72.00 FEET TO A POINT
FROM WHICH A RADIAL LINE OF A NON-TANGENT CURVE CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 135.00 FEET, BEARS NORTH 51055'31" EAST;
THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
35°12'52",AN ARC DISTANCE OF 82.97 FEET;THENCE, NON-TANGENT TO SAID CURVE
SOUTH 27037'00" EAST, 62.59 FEET TO THE.TRUE POINT OF BEGINNING.
CONTAINING AN AREA OF 5.707 ACRES (248,578 SQUARE FEET) OF LAND, MORE OR
LESS.
SUBJECT TO THE EASEMENT AND RIGHT OF WAY FOR UNDERGROUND UTILITIES
DESCRIBED IN THE MEMORANDUM OF LEASE RECORDED OCTOBER 21, 1976 IN BOOK
8062 OF OFFICIAL RECORDS AT PAGE 143, RECORDS OF SAID COUNTY.
1997/0827LD.MJF
UTILITY EASEMENTS AND RESERVES RESERVING FROM PARCEL 1
(A)AN EASEMENT AND RIGHT OF WAY FOR UNDERGROUND UTILITIES IN AND UNDER
THE EASTERLY TEN(10)FEET THEREOF,ALONG SAID WESTERLY LINE OF JOHN GLENN
DRIVE;THE NORTHERLY TEN(10)FEET ALONG THE SOUTHERLY LINE OF SAID PACIFIC
STATES AVIATION LEASE, DESIGNATED HEREIN AS "NORTH 85°2954" WEST, 249.01
FLET"; THE NORTHWESTERLY TWENTY (20) FEET ALONG THE COURSE HEREIN
DESIGNATED AS "SOUTH 24828'42"WEST, 466.12 FEET"; AND THE NORTHWESTERLY
TEN (10)FEET ALONG THE COURSE HEREIN DESIGNATED AS "SOUTH 62°23'00"WEST,
217.46 FEET."
(B) ANY AND ALL THOSE, PORTIONS OF EASEMENTS FOR SEWER AND WATER PIPE
LINES DESCRIBED IN THE GRANTS OF EASEMENT TO CENTRAL CONTRA COSTA
SANITARY DISTRICT, RECORDED JUNE 27, 1973 IN BOOK 6981 OF OFFICIAL RECORDS,
AT PAGE 123,TO CONTRA COSTA COUNTY WATER DISTRICT RECORDED JUNE 27, 1972
IN BOOK 6683 OF OFFICIAL RECORDS,AT PAGE 361,AND TO CONTRA COSTA WATER
DISTRICT RECORDED NOVEMBER 3, 1966 IN BOOK 5238 OF OFFICIAL RECORDS, AT
PAGE 442, RECORDS OF SAID COUNTY, LYING IN AND UNDER SAID PARCEL 1.
PARCEL 2
COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF CONCORD
AVENUE WITH THE PROPOSED CENTER LINE OF MERIDIAN PARK BOULEVARD,AS SAID
CENTER LINES ARE SHOWN ON THE MAP OF SUBDIVISION 3258 FILED APRIL 28, 1965
IN BOOK 104 OF MAPS, AT PAGE 1, OFFICIAL RECORDS OF SAID COUNTY; THENCE
FROM SAID POINT OF COMMENCEMENT ALONG THE CENTER LINE OF CONCORD
AVENUE, SOUTH 62°23'00"WEST, 2.03 FEET; THENCE LEAVING SAID CENTER LINE OF
CONCORD AVENUE ALONG THE MONUMENT LINE OF THE NORTHWESTERLY
EXTENSION OF MERIDIAN PARK BOULEVARD, NORTH 40°2823" WEST, 184.018 FEET;
THENCE NORTH 30028'30" WEST, 45.010 FEET TO THE TRUE. POINT OF BEGINNING OF
THE FOLLOWING DESCRIBED PARCEL OF LAND; THENCE FROM SAID TRUE POINT OF
BEGINNING,CONTINUING NORTH 30.28-30"WEST,22.11 FEET;THENCE NORTH 24°28'42"
EAST, 155.60 FEET; THENCE SOUTH 65° 31'18" EAST, 55.07 FEET; THENCE NORTH
6223'00" EAST 211.49 FEET; THENCE NORTH 24°28'42" EAST, 460.86 FEET; THENCE
SOUTH 85°29'54" EAST, 69.16 FEET TO THE MOST NORTHERLY CORNER OF THE
PARCEL OF LAND DESCRIBED IN EXHIBIT"N*IN THE LEASE BY AND BETWEEN CONTRA
COSTA COUNTY, AS LESSOR, AND CONCORD PROPERTIES (A GENERAL
PARTNERSHIP), AS LESSEE, RECORDED SEPTEMBER 29, 1971 IN BOOK 6487 OF
OFFICIAL RECORDS AT PAGE 216, RECORDS OF SAID COUNTY; THENCE ALONG THE
NORTHWESTERLY AND NORTHERLY LINES OF SAID LEASE (6487 OR 216); SOUTH 24°
28"42" WEST, 466.12 FEET; THENCE SOUTH 62023'00" WEST, 338.57 FEET; THENCE
SOUTH 24°28'42"WEST, 47.62 FEET; THENCE SOUTHERLY ALONG A TANGENT CURVE
CONCAVE TO THE EAST HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL
ANGLE OF 83045'54", AN ARC DISTANCE OF 29.24 FEET, TO A POINT OF CUSP WITH A
TANGENT CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 45.00 FEET;THENCE
WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 61°11'18", AN ARC
DISTANCE OF 48.06 FEET TO THE TRUE POINT OF BEGINNING,
CONTAINING AN AREA OF 1.112 ACRES (48,448 SQUARE FEET) OF LAND, MORE OR
LESS.
1997/0827LD.MJF
UTILITY EASEMENTS AND RESERVES RESERVING FROM RC L 2:
(C) A STRIP OF LAND, 10.00 FEET IN WIDTH, LYING SOUTHWESTERLY, SOUTHERLY
AND SOUTHEASTERLY OF AND IMMEDIATELY ADJACENT TO THE COURSES
HEREINBEFORE DESCRIBED AS "SOUTH 65° 3118" EAST, 55.07 FEET, NORTH
6223'00" EAST, 211.49 FEET, NORTH 4°28'42" EAST,460.86 FEET AND SOUTH
85°29'04" EAST, 69.16 FEET."
(D) A STRIP OF LAND, 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED LINE:
BEGINNING ON THE EXTERIOR LINE OF SAID LEASE PARCEL. (6487 OR 216)
DISTANT SOUTH 24°28`42" WEST, 371.12 FEET FROM THE MOST NORTHERLY
CORNER OF SAID PARCEL;THENCE FROM SAID POINT OF BEGINNING NORTH
65031'18" WEST, 55.00 FEET TO THE SOUTHEASTERLY LINE OF THE
HEREINBEFORE DESCRIBED RESERVE PARCEL(C).
(E) BEGINNING AT POINT OF CUSP DESCRIBED IN THE HEREINBEFORE PARCEL 2
FROM WHICH POINT A RADIAL LINE OF A CURVE CONCAVE TO THE SOUTH,
HAVING A RADIUS OF 45.00 FEET, BEARS SOUTH 30.42'48" WEST; THENCE,
WESTERLY ALONG SAID CURVET,THROUGH A CENTRAL ANGLE=OF 22056"51",AN
ARC DISTANCE OF 18.92 FEET; THENCE NORTH 24°28'42"EAST 21.52 FEET TO
A POINT OF CUSP WITH A TANGENT CURVE CONCAVE TO THE EAST, HAVING
A RADIUS OF 20.00 FEET;THENCE SOUTHERLY ALONG SAID CURVE,THROUGH
A CENTRAL ANGLE OF 83°45'54", AN ARC DISTANCE OF 29.24 FEET, TO THE
POINT OF BEGINNING,
(F) ANY AND ALL THOSE PORTIONS OF EASEMENTS FOR SEWERAND WATER PIPE
LINE=DESCRIBED IN THE GRANTS OF EASEMENTS TO CENTRAL CONTRA COSTA
SANITARY DISTRICT, RECORDED JUNE 27, 1973 IN BOOK 6981 OF OFFICIAL
RECORDS, AT PAGE 123 AND TO CONTRA COSTA COUNTY WATER DISTRICT
RECORDED JUNE 27, 1972 IN BOOK 6683 OF OFFICIAL RECORDS,AT PAGE 361,
RECORDS OF SAID COUNTY, LYING IN AND UNDER SAID PARCEL 2.
(G) A STRIP OF LAND, 10.00 FEET IN WIDTH,LYING 5.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTER LINE.
COMMENCING AT A CONCRETE MONUMENT AT THE INTERSECTION OF THE
NORTHWESTERLY LINE OF THE PARCE=L OF SAND DESCRIBED IN PARCEL
THREE IN THE RESOLUTION OF ACCEPTANCE OF DEED RECORDE=D AUGUST 16,
1951 IN BOOK 1807 OF OFFICIAL RECORDS, AT PAGE 301, WITH THE
SOUTHERLY LINE OF SECOND AVENUE SOUTH(FORMERLY DIABLO STREET)AS
SAID STREET IS SHOWN ON ABBOTT'S ADDITIONAL SURVEY,"1860"ON THE MAP
ENTITLED "MAP OF PACHECO" FILED IN BOOK E OF MAPS, AT PAGE 95, ALL
RECORDS OF SAID COUNTY;THENCE, FROM SAID POINT OF COMMENCEMENT,
ALONG SAID NORTHWESTERLY LINE,NORTH 10°53'52"WEST(NORTH 11°54'20"
WEST, RECORD) 12.12 FEET TO THE TRUE POINT OF BEGINNING OF THE
HEREINABOVE MENTIONED CENTERLINE; THENCE,FROM SAID TRUE POINT OF
BEGINNING NORTH 79°05'03"EAST,24.88 FEET;THENCE,SOUTH 64°43'09"FAST,
E 397/082'7L.D.MJT
1,759.02 FEET TO A POINT ON A LINE PARALLEL WITH AND 14.00 FEET
NORTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE
NORTHWESTERLY LINE OF PARCEL 1 OF THE PARCEL OF LAND DESCRIBED IN
THE MEMORANDUM OF LEASE RECORDED OCTOBER 21, 1975 IN BOOK 8962 OF
OFFICIAL RECORDS, AT PAGE 143, RECORDS OF SAID COUNTY; THENCE,
ALONG SAID PARALLEL UNE NORTH 24028'42" EAST, 455.92 FEET; THENCE,
SOUTH 85°29'54" EAST, 14.90 FEET TO SAID NORTHWESTERLY LINE OF SAID
LEASE PARCEL(8062 OR 143),SAID 10.00 FEET IN WIDTH STRIP OF LAND BEING
BOUNDED ON THE WEST BY THE NORTHWESTERLY LINE OF SAID PARCEL
THREE (1807 OR 301) AND ON THE EAST BY THE NORTHWESTERLY LINE OF
SAID LEASE PARCEL(8062 OR 143)AND ITS NORTHEASTERLY PROLONGATION.
PARCEL 3
COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF CONCORD
AVENUE WITH THE PROPOSED CENTER LINE OF MERIDIAN PARK BOULEVARD,AS SAID
CENTER LINE ARE SHOWN ON THE MAP OF SUBDIVISION 3258 FILED APRIL 28, 1965 IN
BOOK 104 OF MAPS,AT PAGE 1,OFFICIAL RECORDS OF SAID COUNTY;THENCE FROM
SAID POINT OF COMMENCEMENT ALONG THE CENTER LINE OF THE NORTHWESTERLY
EXTENSION OF MERIDIAN PARK BOULEVARD, NORTH 40°28'23"WEST, 53.34 FEET TO
THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID CONCORD AVENUE; THENCE
ALONG SAID NORTHWESTERLY LINE BEING PARALLEL WITH AND 52.00 FEET
NORTHWESTERLY MEASURED AT RIGHT ANGLES, FORM SAID CENTER LINE OF
CONCORD AVENUE NORTH 62023'00" EAST, 65.77 FEET;THENCE CONTINUING ALONG
SAID PARALLEL AND NORTHWESTERLY LINE OF CONCORD AVENUE, NORTH 620 23'00„
EAST, 143.24 FEET; THENCE NORTH 27°37'00"WEST, 62.61 FEET TO THE TRUE POINT
OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL OF LAND FROM WHICH POINT
A RADIAL LINE OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A
RADIUS OF 135.00•FEET, BEARS NORTH 16°42'39" EAST; THENCE FROM SAID TRUE
POINT OF BEGINNfNQ ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 35°12'52",
AN ARC DISTANCE OF 82.97 FEET; THENCE, NON-TANGENT TO SAID CURVE NORTH
27°37'00"WEST,72.00 FEET TO A POINT WHICH SHALL HEREINAFTER BE REFERRED TO
AS POINT "A" BEING ON THE SOUTHEASTERLY LINE OF THE ABOVE DESCRIBED
PARCEL 2; THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 62°23'00"WEST, 50.67
FEET, THENCE SOUTH 400 37'00" EAST, 100.00 FEET, THENCE SOUTH 82037'04" EAST,
81.30 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING AN AREA OF 0.1065 ACRES (4,641 SQUARE FEET) OF LAND, MORE OR
LESS,
UTILITY EASEMENTS AND RESERVES RESERVING FROIv1 PARCEL 3
(H) A STRIP OF LAND 10.00 FEET IN WIDTH, LYING SOUTHEASTERLY OF, AND
IMMEDIATELY ADJACENT TO, THE FOLLOWING DESCRIBED LINE: BEGINNING
AT THE HEREINBEFORE DESCRIBED POINT "A" THENCE, ALONG THE
NORTHERLY LINE OF SAID PARCEL 3, SOUTH 62°23"00" WEST, 50.67 FEET TO
THE SOUTHWESTERLY LINE OF SAID PARCEL 3.
(1) ANY AND ALL THOSE PORTIONS OF EASEMENTS FOR SEWER AND WATER PIPE
LINES DESCRIBED IN THE GRANTS OF EASEMENT TO CENTRAL CONTRA COSTA
SANITARY DISTRICT, RECORDED JUNE 27, 1973 IN BOOK 6981 OF OFFICIAL
RECORDS, AT PAGE 123, AND TO CONTRA COSTA COUNTY WATER DISTRICT,
RECORDED JUNE 27, 1972 IN BOOK 6683 OF OFFICIAL RECORDS, AT PAGE 361,
RECORDS OF SAID COUNTY, LYING IN AND UNDER SAID PARCEL 3.
1997/08271,D.1V1JF
PARCEL 4
COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF CONCORD
AVENUE WITH PROPOSED CENTER LINE OF MERIDIAN PARK BOULEVARD, AS SAID
CENTER LINES ARE SHOWN ON THE MAP OF SUBDIVISION 3258 FILED APRIL 28, 1965
IN BOOK 104 OF MAPS, AT PAGE 1, OFFICIAL RECORDS OF SAID COUNTY; THENCE
FROM SAID POINT OF COMMENCEMENT ALONG THE CENTER LINE OF THE
NORTHWESTERLY EXTENSION OF MERIDIAN PARK BOULEVARD NORTH 40°28'23"WEST,
53.34 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID CONCORD
AVENUE; THENCE ALONG SAID NORTHWESTERLY LINE BEING PARALLEL WITH AND
52,00 NORTH 62023'00" EAST, 65.77 FEET TO THE TRUE POINT OF BEGINNING OF THE
FOLLOWING DESCRIBED PARCEL OF LAND; THENCE FROM SAID TRUE POINT OF
BEGINNING CONTINUING ALONG SAID PARALLEL AND NORTHWESTERLY LINE OF
CONCORD AVENUE, NORTH 62°23'00" EAST, 143.24 FEET; THENCE NORTH 27° 37`00"
WEST, 62.61 FEET; THENCE NORTH 82°37'04" WEST, 81.30 FEET THENCE NORTH
40°37'00"WEST, 100.00 FEET TO A POINT WHICH SHALL HEREINAFTER BE REFERRED
TO AS POINT "B" THENCE SOUTH 62023'00" WEST, 70.44 FEET; THENCE SOUTH
24°28'42"WEST,47.62 FEET;THENCE SOUTHERLY ALONG A TANGENT CURVE CONCAVE
TO THE EAST HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF
83045'54",AN ARC DISTANCE OF 28.24 FEET TO A POINT ON THE NORTHEASTERLY LINE
OF SAID NORTHWESTERLY EXTENSION OF MERIDIAN PARK BOULEVARD FROM WHICH
POINT A RADIAL LINE OF A REVERSE CURVE CONCAVE TO THE SOUTHWEST, HAVING
A RADIUS OF 45.00 FEET, BEARS SOUTH 30°42'40" WEST, THENCE, ALONG SAID
NORTHEASTERLY LINE AS FOLLOWS: SOUTHEASTERLY ALONG SAID REVERSE CURVE,
THROUGH A CENTRAL ANGLE OF 53054'38", AN ARC DISTANCE OF 42.34 FEET,
SOUTHERLY ALONG A REVERSE CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF
10.00 FEET,THOUGH A CENTRAL ANGLE OF 35°05'49",AN ARC DISTANCE OF 6.13 FEET,
TANGENT TO SAID CURVE SOUTH 40028'23" EAST, 75.26 FEET AND EASTERLY ALONG
A TANGENT CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 40.010 FEET,
'THROUGH A CENTRAL ANGLE OF 77°08'37",AN ARC DISTANCE OF 53.86 FEET TO THE
TRUE POINT OF BEGINNING.
CONTAINING AN AREA OF 0.6878 ACRES (29,959 SQUARE FEET) OF LAND, MORE OR
LESS.
UTILITY EASEMENTS AND RESERVES RESERVING FROM PARCEL 4:
(J) A STRIP OF LAND 10.00 FEET IN WIDTH, LYING SOUTHEASTERLY OF, AND
IMMEDIATELY ADJACENT TO,THE FOLLOWING DESCRIBED LINES: BEGINNING
AT THE HEREINBEFORE DESCRIBED POINT "B"; THENCE, ALONG THE
NORTHERLY LINE OF SAID PARCEL 4, SOUTH 62°23'00" WEST, TO THE
SOUTHEASTERLY LINE OF SAID SEWER EASEMENT (6981 OR 123), LYING IN
SAID PARCEL 4;THENCE ALONG SAID SOUTHEASTERLY LINE, SOUTH 24°28'42"
WEST, TO THE SOUTHWESTERLY LINE OF SAID PARCEL 4.
(K) ANY AND ALL THOSE PORTIONS OF EASEMENTS FOR SEWER AND WATER PIPE
LINES DESCRIBED IN THE GRANTS OF EASEMENT TO CENTRAL CONTRA COSTA
SANITARY DISTRICT, RECORDED JUNE 27, 1973 IN BOOK 6981 OF OFFICIAL
RECORDS, AT PAGE. 124, AND TO CONTRA COSTA COUNTY WATER DISTRICT,
RECORDED JUNE 27, 1972 IN BOOK 6683 OF OFFICIAL RECORDS, AT PAGE:361,
RECORDS OF SAID COUNTY, LYING IN AND UNDER SAID PARCEL 4.
1997J0827LUMJF
BEARINGS USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA
COORDINATE SYSTEM, ZONE III TAKEN ON THE MONUMENT LINE OF CONCORD
AVENUE BEARING OF NORTH 62023'00", EAST AS SHOWN ON THAT CERTAIN PARCEL
MAP M.S. 21-77 FILED FOR RECORD ON JUNE 6, 1977 IN BOOK 55 OF PARCEL MAPS AT
PAGE 12 OFFICIAL RECORDS OF CONTRA COSTA COUNTY.
THE ABOVE LEASE PARCEL DESCRIPTIONS HAVE BEEN PREPARED BY ME, OR UNDER
MY DIRECTION IN CONFORMANCE WITH SECTION 8726(1)OF THE PROFESSIONAL LANG
SURVEYOR'S ACT AND DOES NOT CONSTITUTE A LEGAL SUBDIVISION OF LANG? AS
DEFINED BY SECTION 66412.1 (a) OF THE SUBDIVISION MAP ACT.
EXECUTED THIS 28TH DAY OF AUGUST, 1997
KIER&WRIGHT CIVIL ENGINEERS&SURVEYORS, INC.
L
MICHAEL J. FOLEY Vt4gA'M J. FMry
CALIFORNIA LICENSED LAND SURVEYOR NO. 5777
LICENSE EXPIRATION DATE: 06130100
KIER &WRIGHT CIVIL ENGINEERS AND SURVEYORS, INC. No. 5777
`�
5880 WEST LAS POSITAS,#34 fiOfip�
PLEASANTON, CA 94588 '���
(5113)734-8060
ENC} OF LEGAL DESCRIPTION
REVIEWED BY DEPUTY COUNTY SURVEYOR OF CONTRA COSTA COUNTY
RENE ZWEMMER, P.L.S. NO. 5999 DATE— --
EXPIRATION DATE.
-AND SU
xw
. -,
No, 599
C
199 710827LD.MfF
EXHIBIT "B" ..Description of Ground Lease
The Ground Lease is described as follows:
A. That certain lease between the County of Contra Costa, a political subdivision of the State of
California, as "Lessor," and Concord Properties, a partnership, as lessee, dated September 17,
1971, as thereafter amended by those certain amendments dated April 11, 1972, July 18, 1972,
and December 26, 1972;
B. Concord Properties' interest in the Lease was assigned to Sasha Maloff, an individual,
with Lessor's consent, on December 26, 1972;
C. That certain Modification of Lease Agreement dated January 26, 1976, between Lessor
and Sasha Maloff, an individual, as lessee, which Modification of Lease Agreement
replaced in its entirety the documentation previously existing;
D. The Assignment of Lease dated June 29, 1977, pursuant to which the interest of lessee
was assigned by Sasha Maloff to Theodore H. Kruttschnitt, III and Catherine M.
Kruttschnitt (collectively, the "Kruttschnitts");
E. The Second Modification of Lease Agreement dated March 17, 1981, by and between Lessor
and Kruttschnitts;
F. The Option to Lease by and between Lessor and Kruttschnitts dated March 17, 1981, as
modified by the Amendment to Option to Lease by and between Lessor and Kruttschnitts
dated November 17, 1981;
G. The Option Modification of Lease Agreement by and between Lessor and Kruttschnitts dated
May 25, 1982;
H. The Third Modification of Lease Agreement by and between Lessor and Kruttschnitts
dated January 22, 1985;
I. The Fourth Amendment to the Modification of Lease Agreement by and between Lessor and
Kruttschnitts dated August 13, 1996;
J. The Kruttschnitts' interest in the Lease was assigned to Servico Concord, Inc., a California
corporation ("Servico") pursuant to a Ground Lease Assignment dated September 21, 1997;
K. The Fifth Amendment to the Modification of Lease Agreement between Lessor and Servico
dated September 22, 1997;
L. The Sixth Amendment to Modification of Lease Agreement between Lessor and Servico
dated December 8, 1998; and
M. Servico's interest in the Lease was assigned to VVB Concord, LLC, a Delaware limited liability
company, pursuant to a Ground Lease Assi nment dated August 18, 2040.
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GROUND LEASE ASSIGNMENT
Recording Requested by
and when recorded mail to:
Mail Tax statements to:
Space Above This Line Reserved
This Ground Lease Assignment("Assignment")dated as of , is made and entered
into by AVB Concord, LLC, a Delaware limited liability company ("Assignor" or "Lessee") and
Airport Capital Group,LP, a California limited partnership ("Assignee").
RECITALS
This Assignment is made with respect to the fallowing facts and circumstances:
A. The County of Contra Costa, a political subdivision of the State of California("Lesser"), as
lessor, and Concord Properties, a partnership, as lessee, entered into that certain lease (as
thereafter amended, the "Lease") slated September 17, 1971, and recorded September 29,
1971 at Book 6487, Official .Records, Page 216, which Lease encumbers the land described
on Exhibit "A" attached hereto and incorporated herein by this reference.
B. The Lease was amended by certain amendments dated April 11, 1972, July 18, 1972, and
December 26, 1972, each amendment being duly authorized and approved by the order of
the Board of Supervisors of Contra Costa County(the`Board").
C. The interest of the lessee in the Lease was duly assigned to Sasha Maloff, an individual,
with Lessor's consent on December 26, 1972, pursuant to the order of the Board recorded
December 29, 1972.
D. A Modification of Lease Agreement dated January 26, 1976, was entered into by Lessor and
Sasha Maloff, an individual, as lessee, which Modification of Lease Agreement replaced in
its entirety the Lease previously existing. A Memorandum of such Modification of Lease
A"reement was recorded October 21, 1976,Book 8062, Official Records,Page 143.
E. The interest in the Lease of Sasha Maloff, an individual, as lessee, was assigned to
Theodore H, Kruttschnitt, 1H and Catherine M. Kruttschnitt (collectively "T ttschnitts")
pursuant to an Assignment of Lease dated June 29, 1977, and recorded June 29, 1977,
Boob 8395, Official Records, Page 533.
F. A Second Modification of Lease A"reement was entered into by and between Lessor
and Kruttschnitts dated March 17, 1981, and recorded April 2, 1981, Book 103265, Official
Records, Page 762.
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G. An Option Modification of Lease Aleement by and between Lessor and Kruttschnitts was
entered into dated May 25, 1982.
H. A Third Modification of Lease kgreement was entered into by and between Lessor
and Kruttschnitts dated January 22, 1985.
1. A Fourth_ Amendment to the Modification of Lease Agreement was entered into by and
between Lessor and Kruttschnitts dated August 13, 1996, and recorded October 3, 1996,
Series No. 96184964, Official Records,
J. The interest in the Lease of the Kruttschnitts as lessees was assigned to Servico
Concord, Inc., a California corporation . ("Servico") pursuant to a Ground Lease
Assignment dated September 21, 1997, and recorded September 24, 1997, as Instrument
No. 97-177258 in the Official Records.
K. A Fifth Amendment to the Modification of Lease Agreement between Lessor and
Servico was entered into on September 22, 1997, and recorded September 24, 1997, as
Instrument No. 974177261, Official Records.
L. A Sixth Amendment to Modification of Lease Agreement between Lessor and Servico was
entered into on December 8, 1998, and recorded on December 16, 1998, as Instrument
No. 980316545.
M. Servico entered into a contract to convey its right, title, and interest in the Lease to
Sunstone Hotel Investors, LLC ("Sunstone"), a Delaware limited liability company
pursuant to that certain Contract for the Purchase and Sale of Real Property dated June 26,
2044, although Servico's interest in the Lease was not actually conveyed to Sunstone.
Sunstone only received the right to have the Lease assigned to it. Sunstone then
transferred to Assignor the right to have Servico's interest in the Lease transferred to
Assignor.
N. An Assignment of Contract between Sunstone, as assignor, and, Assignor, as assignee, was
entered into on August 18, 2040, which agreement conveyed Sunstone's rights in and to the
Contract for the Purchase and Sale of Real Property only as it pertained to the Concord
Sheraton Hotel to Assignor.
O. A Ground Lease Assignment was executed on August 18, 2000, which assigned all of the
rights,title and interests of Servico, as assignor in and to the Lease, to Assignor.
P. Assignor and 317 entered into that certain Purchase and Sale Agreement and Escrow
Instructions dated September 7, 2404 (the "Agreement"), whereby Assignor intends to
transfer all of its right, title, and interest in the "Hotel" located in Concord, California, and
more particularly described in the Agreement to 3D.
Q. Assignor, 31), and Assignee thereafter entered into that certain First Amendment to Purchase
and Sale Agreement and Escrow instructions dated September 13, 2404, whereby 3D intends
to assign all of its rights, title, and interest in the Agreement to Assignee, but 3D agrees to
remain principally liable for the performance of Assignee's obligations under the Agreement.
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NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency of which is
hereby acknowledged.
1. Assignment of Lease. Effective on the Effective Date, Assignor, as lessee, hereby
bargains, sells, transfers, assigns and conveys all of Assignor's right, title and interest in
and to the leasehold pursuant to the Lease, together with all other rights of Assignor under
the Lease to Assignee. Effective on the Effective Date,Assignor represents and warrants that
Assignor is fully authorized to execute and deliver this Assignment, and that it owns good
and marketable title, as lessee,to the leasehold interest pursuant to the Lease subject to matters
of record or apparent from an inspection or survey.
2. Assumption of the Lease. Effective on the Effective Date, Assignee hereby accepts,
assumes and agrees to perform, fulfill and comply with all covenants and obligations to
be performed, fulfilled or complied with by the lessee pursuant to the Lease accruing on and
after the date of this Assignment, and agrees to be bound by all of the terms of the Lease.
Assignor shall remain responsible for and perform all of Assignor's obligations under or
with respect to the Lease accruing prior to the date of this Assignment.
3. Indemnification. Assignee shall and does hereby indemnify Assignor against, and
agrees to hold Assignor harmless of and from, all liabilities, obligations, actions, suits,
proceedings or claims, and all costs and expenses, including, but not limited to, reasonable
attorneys' fees, based upon or arising out of any breach or failure of Assignee to observe
or perform any of the obligations of Assignee as set forth in this Assignment. Assignor
shall, and does hereby indemnify Assignee against, and agrees to hold Assignee harmless of
and from all liabilities, obligations, actions, suits, proceedings or claims and all costs and
expenses, including, but not limited to, reasonable attorneys' fees, based upon or arising
out of any breach or failure of Assignor to observe or perform any of the obligations of
Assignor as set forth in this Assignment.
4. Conditions Precedent. This Assignment is conditioned upon: (i) the execution by Lessor
and approval of the Board of that certain Consent and Agreement of Lessor, and (ii) the
closing of the purchase transaction as set forth in the Agreement.
5. Binding Effect. This Assignment shall inure to the benefit of and shall be binding upon the
parties hereto and their respective successors and assigns.
6. Governing ,Law. This Assignment and the legal relations between the parties hereto
shall be governed by and be construed in accordance with the laws of the State of
California.
7. Survival. The provisions of this Assignment shall survive the execution, delivery and
recordation of this Assignment.
8. Countervarts. This Assignment may be executed in several counterparts and all such
executed counterparts shall constitute one assignment, binding on all of the parties
hereto, notwithstanding that all of the parties hereto are not signatories to the original or
to the same counterpart.
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HAWord Documents\Buchannn\Hotei Ground Lessor Consent Form.rev.doc
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9. Execution by Facsimile. In order to facilitate the execution and delivery of this
Assignment, the parties have agreed that signatures may be exchanged by facsimile with
the same effect as if an original signature were delivered by each party to all ether parties
in person.
10. Effective Date, This Agreement is executed on and shall be effective as of the closing of
the Agreement ("Effective hate"). Assignor hereby agrees to provide notice to Contra
Costa County ("County") of the occurrence of the close of escrow determining the
Effective Date by mailing a written notice to County at the following address:
Director of Airports
Contra Costa County
510 Sally Ride Drive
Concord, CA 94520
IN WITLESS WHEREOF, the Assignor and Assignee have executed this Assignment as of the
day and year first above written.
ASSIGNOR ASSIGNEE
WB CONCORD, LLC, AIRPORT CAPITAL GROUP, LP.,
a Delaware limited liability company a California limited partnership
By: _ By: Airport Capital Group, Inc.
Robert Alter A California Corporation
Vice President&CEO Its General Partner
By_
Name: Joseph Daneshgar
Its: President
Faraz Daneshgar
Secretary
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HAWord Docurnents\BuchanaMotel Ground I essor Consent Fonn.rev.do-
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DESCRIPTION OF LAND
PARCEL I:
THAT PORTION OF BLOCK 4, AND BLOCK 3, RANGE 7, OF THE TOWN OF
RIVERSIDE, IN THE CITY OF RIVERSIDE, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK.7, PAGE(S) 17 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, TOGETHER
WITH A PORTION OF FOURTH STREET(VACATED) AS SHOWN ON SAID MAP,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF FOURTH STREET
WITH THE NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF
SAID BLOCK 4, RANGE 7; THENCE SOUTH 29°06' 03" WEST, ALONG SAID
NORTHEASTERLY PROLONGATION AND ALONG SAID NORTHWESTERLY LINE,
332.14 FEET TO THE BEGINNING OF A TANGENT CURVE WITH A RADIUS OF 26.00
FEET AND CONCAVING EASTERLY;THENCE SOUTHWESTERLY, SOUTHERLY AND
SOUTHEASTERLY ALONG SAID CURVE AN ARC LENGTH OF 40.82 FEET, THROUGH
A CENTRAL ANGLE OF 890 5638" TO A LINE WHICH IS PARALLEL WITH AND
DISTANT 38.00 FEET NORTHEAST, AS MEASURED AT RIGHT ANGLE, FROM THE
CENTERLINE OF FIFTH STREET, THENCE SOUTH 60° 50' 35" EAST, ALONG SAID
PARALLEL LINE, 205.37 FEET; THENCE NORTH 29-06' 03" EAST, 406.32 FEET;
THENCE,NORTH 60" 53' 36" WEST, 231.34 FEET TO THE NORTHWESTERLY LINE OF
SAID BLOCK 3, RANGE 7; THENCE SOUTH 29'06' 24" WEST, ALONG SAID
NORTHWESTERLY LINE OF BLOCK.3, RANGE 7, AND ALONG THE
SOUTHWESTERLY PROLONGATION THEREOF,48.00 FEET TO THE POINT OF
BEGINNING.
PARCEL 2:
A PERPETUAL EASEMENT APPURTENANT TO PARCEL I ABOVE FOR THE PURPOSE
OF VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS, VEHICULAR.PARKING,
UTILITIES,AND FOR.THE CONSTRUCTION, MAINTENANCE AND USE OF
RETAINING WALLS, PARKING STRUCTURES, ROADWAYS, BRIDGES, AND OTHER
IMPROVEMENTS AND STRUCTURES ON, OVER,AND UNDER THE REAL PROPERTY,
DESCRIBED AS FOLLOWS:
THAT PORTION OF BLOCK 4, RANGE 7, AND BLOCK 3,RANGE 7 AND FOURTH
STREET(VACATED)OF THE TOWN OF RIVERSIDE, IN THE CITY OF RIVERSIDE,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK
7, PAGE(S) 17 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN
BERNARDINO COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF FOURTH STREET
WITH THE NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF
SAID BLOCK 4, RANGE 7; THENCE SOU'T'H 290 06' 03" "WEST, ALONG SAID
642677k9/LA EXHIBIT„B"
s8330-W/9-7-0 „elkme -5-
NORTHEASTERLY PROLONGATION AND THE NORTHWESTERLY LINE OF BLOCK 4,
RANGE 7, 332.23 FEET(RECORDED 332.14 FEET); THENCE SOUTHWESTERLY AND
SOUTHEASTERLY ON A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS
OF 26.00 FEET, THROUGH AN ANGLE OF 89° 56' 38", AN ARC LENGTH OF 40.82 FEET
TO A LINE PARALLEL WITH AND 38.00 FEET NORTHEAST, MEASURED AT RIGHT
ANGLES FROM THE CENTERLTNE OF FIFTH STREET AS SHOWN ON SAID MAP;
THENCE SOUTH 600 50' 35" EAST, ALONG SAID PARALLEL LINE, 205.37 FEET TO
THE POINT OF BEGINNING OF THE PARCEL OF LAND TO BE DESCRIBED; THENCE
NORTH 290 06' 03" EAST, 409.94 FEET; THENCE SOUTHEASTERLY ON A NON-
TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 84.00 FEET
THROUGH AN ANGLE OF 260 24' 50",AN ARC LENGTH OF 38.72 FEET(THE INITIAL
RADIAL LINE BEARS NORTH 470 41' 34" EAST); THENCE SOUTH 150 53, 36" east, 17.53
FEET; THENCE SOUTHEASTERLY ON A CURVE CONCAVE NORTHEASTERLY
HAVING A RADIUS OF 116.00 FEET THROUGH AN ANGLE OF 080 17' 22",AN ARC
LENGTH OF 16.78 FEET; THENCE SOUTH 32° 50' 15" WEST, 31.46 FEET; THENCE
SOUTH 290 06' 03" WEST, 176.99 FEET; THENCE SOUTH 60° 53' 57" EAST, 24.00 FEET;
THENCE SOUTH 29" 06' 03" WEST, 36.00 FEET;.THENCE NORTH 60° 5357" WEST,
24.00 FEET; THENCE SOUTH 29' 06' 03" WEST, 122.01 FEET TO SAID LINE, PARALLEL
WITH THE CENTERLINE OF FIFTH STREET; THENCE NORTH 60° 51' 12" WEST
ALONG SAID PARALLEL LINE, 55.65 FEET TO THE POINT OF BEGINNING.
PARCEL 3:
A PERPETUAL NONEXCLUSIVE EASEMENT AND RIGHT OF WAY APPURTENANT
TO PARCEL I ABOVE FOR THE PURPOSE OF VEHICULAR.AND PEDESTRIAN
INGRESS AND EGRESS, UTILITIES, IN, UNDER,UPON, OVER AND ALONG THE REAL
PROPERTY, DESCRIBED AS FOLLOWS:
THAT PORTION OF BLOCK.3,RANGE 7 AND FOURTH STREET(VACATED) OF THE
TOWN OF RIVERSIDE, IN THE CITY OF RIVERSIDE, COUNTY OF RIVERSIDE, STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGE(S) 17 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF SAID FOURTH
STREET WITH THE NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY
LINE OF BLOCK 4, RANGE 7, AS SHOWN ON SAID MAP; THENCE SOUTH 29° 06' 03
WEST ALONG SAID NORTHEASTERLY PROLONGATION AND TIME
NORTHWESTERLY LINE OF SAID BLOCK..4,RANGE 7, 332.23 FEET (RECORDED
332.14 FEET); THENCE SOUTHWESTERLY AND SOUTHEASTERLY ON A CURVE
CONCAVE NORTHEASTERLY HAVING A RADIUS OF 26.00 FEET; THROUGH AN
ANGLE OF 890 56' 38", AN ARC LENGTH OF 40.82 FEET TO A LINE PARALLEL WITH
AND 38.00 FEET NORTHEAST, MEASURED AT RIGHT ANGLES FROM THE
CENTERLINE OF FIFTH STREET AS SHOWN ON SAID MAP;THENCE SOUTH 60° 50'
35" EAST ALONG SAID PARALLEL LINE, 205.37 FEET THENCE NORTH 29° 06' 03"
EAST, 406.32 FEET TO A POINT OF BEGINNING OF THE PARCEL OF LAND TO BE
DESCRIBED; THENCE CONTINUING NORTH 29' 06' 03" EAST, 3.62 FEET; THENCE
642677.09/LA EXHIBIT"B„
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SOUTHEASTERLY ON A NON-TANGENT CURVE SOUTHWESTERLY HAVING A
RADIUS OF 84.00 FEET THROUGH AN ANGLE OF 260 24' 5011, AN ARC LENGTH OF
38.72 FEET (THE INITIAL RADIAL LINE BEARS NORTH 470 41' 34" EAST); "THENCE
SOUTH I50 5336" EAST, 17.53 FEET; THENCE SOUTHEASTERLY ON A CURVE
CONCAVE NORTHEASTERLY HAVING A RADIUS OF 115.00 FEET THROUGH AN
ANGLE OF 08° 1722", AN ARC LENGTH OF 16.78 FEET; THENCE NORTH 65° 49, 02"
EAST, 32.50 FEET; THENCE NORTHWESTERLY ON A NON-TANGENT CURVE
CONCAVE EASTERLY HAVING A RADIUS OF 83.50 FEET,THROUGH AN ANGLE OF
08° 17'22", AN ARC LENGTH OF 12.08 FEET (THE INITIAL RADIAL LINE BEARS
SOUTH 650 49' 02" WEST); THENCE NORTH 150 5336" WEST, 17.53 FEET; THENCE
NORTHWESTERLY ON A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS
OF 116.50 FEET; THROUGH AN ANGLE OF 45° 00'00",AN ARC LENGTH OF 91.50
FEET; THENCE NORTH 600 53' 36" WEST, 178.59 FEET; THENCE NORTHWESTERLY
ON A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 34.50 FEET,
THROUGH AN ANGLE OF 480 53' 27", AN ARC LENGTH OF 29.44 FEET TO THE
NORTHWESTERLY LINE OF SAID BLOCK 3, RANGE 7; THENCE SOUTH 29° 05'49"
WEST ALONG SAID LONG, 52.32 FEET TO A LINE WHICH BEARS NORTH 600 53' 36"
WEST FROM THE POINT OF BEGINNING; SAID POINT ALSO BEING THE MOST
NORTHERLY CORNER OF THAT CERTAIN PARCEL CONVEYED TO THE
REDEVELOPMENT AGENCY OF THE CITY OF RIVERSIDE,CALIFORNIA, A PUBLIC
BODY CORPORATE AND POLITIC BY DEED RECORDED MARCH 18, 1982 AS
INSTRUMENT NO. 46599, OFFICIAL RECORDS; THENCE SOUTH 60° 53' 36" EAST,
ALONG SAID LINE, 231.35 FEET TO THE POINT OF BEGINNING.
642677.09/LA EXHIBIT"B"
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Recording Requested By:
Contra Costa County
Escrow No.
Title Order No.
When Recorded,Return To:
Contra Costa County Airports
550 Sally Ride Drive
Concord,CA 94520
Attn: Beth Lee
Space Above This Line Reserved
CONSENT AND AGREEMENT OF LESSOR
This Consent and Agreement of Lessor ("Agreement") is executed and delivered as of this 29th
day of September, 2004, by the County of Contra Costa, a political subdivision of the State of California
("Lessor"), WB Concord LLC, a Delaware limited liability company, ('Lessee" or
"Assignor"), and Airport Capital Group, LP., a California limited partnership, who mutually
covenant and agree as follows:
RECITALS:
(a) Lessor is the lessor under that certain Modification of Lease A reement dated January 26,
1976,by and between the Lessor and Sasha Maloff("Maloff"), as lessee, relating to the real
property more particularly described in Exhibit "A" hereto ("Leased Premises"). (The
Modification of Lease Agreement has been amended and assigned as described on Exhibit "B,"
and shall hereinafter be referred to as the "Lease").
(b) Maloff's interest in the Lease was subsequently assigned to and assumed by Lessee's
predecessors-in-interest as described in the documents listed on the attached Exhibit"B,"which
predecessors-in-interest first included Kruttschnitts and then Servico, as defined therein.
(c) Servico and Lessee executed a Ground Lease Assignment, dated August 18, 2000, whereby
Servico, as assignor, assigned all of its right, title, and interest in and to both the Lease and to
the Leased Premises to Lessee, as assignee, which Ground Lease Assignment was placed into
escrow.
(d) Lessee desires to sell and assign its interest in and to the Lease to Airport Capital Group, LP,
and Airport Capital Group, LP desires to acquire and accept the assignment of Lessee's
leasehold interest in the Lease under the terms and conditions described in that Purchase and
Sale A reement dated September 7, 2004 ("Purchase and Sale Agreement"), and subject to
the terms and conditions contained in this Agreement.
(e) The Lease requires that Lessee receive Lessor's written consent before it can sell or assign any of its
interest in the Lease. Lessor has agreed to execute this Agreement, without which Lessee would
not consummate the proposed transaction.
AGREEMENT
In consideration of the sum of Ten :dollars ($10.00) and other good and valuable consideration, the
receipt and legal sufficiency of which are hereby acknowledged, Lessor, Lessee and Airport Capital
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Group, LP hereby confirm and agree as follows:
1. Lessee agrees the Recitals contained hereinabove are true and correct.
2. Lessor hereby consents to the conveyance and assignment of Lessee's interest in and to the Lease
and to the Leased Premises by Lessee, as assignor, to Airport Capital Group, LP, as
assignee, completed by the Ground Lease Assignment, attached hereto and made a part
hereof as Exhibit "C," that becomes effective upon the closing date of the Purchase and Sale
Agreement.
3. Lessee's interest in the Lease is currently encumbered by a leasehold mortgage, as defined in
the Lease ("Leasehold Mortgage"). As a condition of Lessor's execution of this Agreement,
Lessee hereby warrants that any and all of Lessee's Leasehold Mortgages, or financial
obligations as they pertain to the Lease or to Lessee's leasehold interest, shall be fully
retired prior to or simultaneously with the close of escrow completing the proposed
assignment of the Lease by Lessee to Airport Capital Group, LP, and prior to the recordation
into the official records of Contra Costa County of the documents described herein. Airport
Capital Group,LP has represented to Lessor that, upon the close of escrow completing the proposed
assignment of the Lease by Lessee to Airport Capital Group, LP, there will be no Leasehold
Mortgages encumbering either the Lease or the Leased Premises, although Airport Capital Group,
LP may encumber the leasehold interest with a Leasehold Mortgage after said close of escrow.
Airport Capital Group, LP understands that one of the terms of the Lease is that the lessee thereunder
may have only one Leasehold Mortgage, as defined therein, outstanding at any one time. In the event
that Airport Capital Group, LP encumbers the Lease or its leasehold interest with such a Leasehold
Mortgage, Airport Capital Group, LP understands, warrants, and agrees that Lessor shall neither be a
party to a Leasehold Mortgagee's loan or other encumbrance, nor will Lessors fee title or other
interests in the Lease be used as security for Airport Capital Group's, LP's Leasehold Mortgage,
nor will Lessor's interest be subordinate to any security interest of the Leasehold Mortgage or to
Lessee's interest in the Lease.
4. This Agreement does not act to amend the Lease. In the event there is any confusion or
contradiction between any term of the Lease and this Agreement, the terms of the Lease shall
prevail.
5. Unless otherwise notified by Airport Capital Group, LP, copies of any notices from Lessor to
Airport Capital Group, LP under the Lease shall be sent to Airport Capital Group, LP at the
following address:
Airport Capital Group,LP.
433 North Camden.Drive, Suite 900
Beverly Hills, CA 90210
Attn: Mr. Faraz Daneshgar
With a copy mailed to:
Foster Tepper,Esq.
9454 Wilshire Boulevard, Suite 600
Beverly Hills, CA 90212
2
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Lessee hereby warrants and represents that none of its Leasehold Mortgagees, as defined in the
Consent and Agreement of Lessor dated August 31, 2000, shall be required to be notified of any
future correspondence or notices. This Agreement executed by the undersigned satisfies the
change of address notification provision of the Lease,as amended.
6. This Agreement shall be binding upon the parties hereto, and their respective successors and
assigns.
7. Any dispute involving the interpretation or enforcement of this Agreement shall be decided under
the laws of the State of California, with venue in the Superior Court of the County of Contra
Costa, California. This Agreement may be executed in any number of counterparts which,when
taken together, shall be deemed to be one document.
8. The provisions of this Agreement shall survive both the execution,delivery,and recordation of this
Agreement,and the execution, delivery, and recordation of the Ground Lease Assignment.
LESSOR LESSEE/ASSIGNOR
CONTRA.COSTA COUNTY, litical WB CONC , LC, a Delaware limited
subdivision of the State of Ca ifo is liability c an
By tt}vim. By
Ma Shiu a A. A-L,gP---
Public Works Director
Its: U �' ti 4ra�"
RECOMMENDED FOR APPROV
ByLl"L ASSIGNEE
Keith Freitas
Director of Airports AIRPORT CAPITAL GROUP,LP., a California
limited partnership
B By: Airport Capital Group, Inc.
aren aws A California Corporation
Principal Real Property Agent Its General Partner
APPROVED AS TO FORM: �Danes�hgar
L President
Pamela J. Z i �ounsel
Deputy, County Faraz Danes gar
Secretary
3
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9!27/2004 2:10 PM
' Y
ENHTBTT A t�
LEGAL DESCRIPTION OF LEASE PARCELS
"COUNTY OF CONTRA COSTA, UNICORPORATED, STATE OF CALIFORNIA.
PORTIONS OF RANCHO MONTE DEL DIABLO, DESCRIBED AS FOLLOWS.
PARCEL 1
COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF CONCORD
AVENUE WITH THE PROPOSED CENTER LINE OF MERIDIAN PARK BOULEVARD,AS SAID
CENTER LINES ARE SHOWN ON THE MAP OF SUBDIVISION 3258 FILED APRIL 28, 1965
IN BOOK 104 OF MAPS, AT PAGE 1, OFFICIAL RECORDS OF SAID COUNTY; THENCE
FROM SAID POINT OF COMMENCEMENT ALONG THE CENTER LINE OF THE.
NORTHWESTERLY EXTENSION OF MERIDIAN PARK BOULEVARD, NORTH 40--28'28"
WEST, 53.34 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID CONCORD
AVENUE,THENCE, ALONG SAID NORTHWESTERLY LINE, BEING PARALLEL WITH AND
52.00 FEET NORTHWESTERLY,MEASURED ATRIGHTANGLES,FROM SAID CENTER LINE
OF CONCORD AVENUE NORTH 62023'00" EAST, 209.01 FEET TO THE TRUE POINT OF
BEGINNING OF THE FOLLOWING DESCRIBED PARCEL OF LAND; THENCE FROM SAID
TRUE POINT OF BEGINNING, CONTINUING ALONG SAID PARALLEL AND
NORTHWESTERLY LINE OF CONCORD AVENUE NORTH 62°23'00" EAST, 701.86 FEET;
THENCE, NORTHERLY ALONG A TANGENT CURVE CONCAVE TO THE WEST, HAVING A
RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 90°00'00", AN ARC DISTANCE
OF 31.42 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF JOHN GLENN DRIVE;
THENCE,ALONG SAID SOUTHWESTERLY LINE NORTH 27°37'00"WEST,216.00 FEET AND
NORTHERLY ALONG A TANGENT CURVE CONCAVE TO THE EAST,HAVING A RADIUS OF
234.36 FEET,THROUGH A CENTRAL ANGLE OF 32°07'06",AN ARC DISTANCE OF 131.38
FEET TO THE NORTHERLY LINE OF THE PARCEL OF LAND DESCRIBED IN EXHIBIT"A"
IN THE LEASE BY ASID BETWEEN CONTRA COSTA COUNTY,AS LESSOR,AND CONCORD
PROPERTIES (A GENERAL PARTNERSHIP), AS LESSEE, RECORDED SEPTEMBER 29,
1971 IN BOOK 6487 6F OFFICIAL RECORDS,AT PAGE 216, RECORDS OF SAID COUNTY;
THENCE, LEAVING SAID SOUTHWESTERLY LINE OF JOHN GLENN DRIVE ALONG THE
NORTHERLY LINE OF SAID PARCEL OF LAND LEASED TO CONCORD PROPERTIES(6487
OR 216)NORTH 85°29'54"WEST,249.01 FEET THE MOST NORTHERLY CORNER OF SAID
LEASE PARCEL; THENCE SOUTH 24°28'42" WEST, 466.12 FEET; THENCE, SOUTH
62°23'00"WEST, 217.46 FEET; THENCE SOUTH 27°37'00" EAST, 72.00 FEET TO A POINT
FROM WHICH A RADIAL LINE OF A NON-TANGENT CURVE CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 135.00 FEET, BEARS NORTH 51-55'31" EAST;
THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
35°12"52", AN ARC DISTANCE OF 82.97 FEET; THENCE, NON-TANGENT TO SAID CURVE
SOUTH 27037'00" EAST, 62.59 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING AN AREA OF 5.707 ACRES (248,578 SQUARE FEET) OF LAND, MORE OR
LESS,
SUBJECT,TO THE EASEMENT AND RIGHT OF WAY FOR UNDERGROUND UTILITIES
DESCRIBED IN THE MEMORANDUM OF LEASE RECORDED OCTOBER 21, 1976 IN BOOK
8062 OF OFFICIAL RECORDS AT MAGE 143, RECORDS OF SAID COUNTY,
1.997/0827I,D.MJ F
UT€CITY�ASI*tvt�NTS AND RI=SERVI�S RES�RVINt� FRt�M PAR l=L i
(A)AN EASEMENT AND RIGHT OF WAY FOR UNDERGROUND UTILITIES IN AND UNDER
THE EASTERLY TEN(10)FEET THEREOF,ALONG SAID WESTERLY LINE OF JOHN GLENN
DRIVE;THE NORTHERLY TEN(10)FEET ALONG THE SOUTHERLY LINE OF SAID PACIFIC
STATES AVIATION LEASE, DESIGNATED HEREIN AS "NORTH 85029'54" WEST, 249.01
FEET'; THE NORTHWESTERLY TWENTY (20) FEET ALONG THE COURSE HEREIN
DESIGNATED AS "SOUTH 24028'42"WEST, 456.12 FEET; AND THE NORTHWESTERLY
TEN (10)FEET ALONG THE COURSE HEREIN DESIGNATED AS "SOUTH 62°23'00"WEST,
217.46 FEET.,"
(B) ANY AND ALL THOSE PORTIONS OF EASEMENTS FOR SEWER AND WATER PIPE
LINES DESCRIBED IN THE GRANTS OF EASEMENT TO CENTRAL CONTRA COSTA
SANITARY DISTRICT, RECORDED.LUNE 27, 1973 IN BOOK 6981 OF OFFICIAL RECORDS,
AT PAGE 123,TO CONTRA COSTA COUNTY WATER DISTRICT RECORDED JUNE 27, 1972
IN BOOK 6683 OF OFFICIAL RECORDS,AT PAGE 361,AND TO CONTRA COSTA WATER
DISTRICT RECORDED NOVEMBER 3, 1986 IN BOOK 5238 OF OFFICIAL RECORDS, AT
PAGE 442, RECORDS OF SAID COUNTY, LYING IN AND UNDER SAID PARCEL 1.
PARCEL 2
COMMENCING AT THE PONT OF INTERSECTION OF THE CENTER LINE OF CONCORD
AVENUE WITH THE PROPOSED CENTER UNE OF MERIDIAN PARK BOULEVARD,AS SAID
CENTER LINES ARE SHOWN ON THE MAP OF SUBDIVISION 3258 FILED APRIL 28, 1965
IN BOOK 104 OF MAPS, AT PAGE 1, OFFICIAL RECORDS OF SAID COUNTY; THENCE
FROM SAID POINT OF COMMENCEMENT ALONG THE CENTER LINE OF CONCORD
AVENUE, SOUTH 62023'00"WEST,2.03 FEET;THENCE LEAVING SAID CENTER LINE OF
CONCORD AVENUE ALONG THE MONUMENT LINE OF THE NORTHWESTERLY
EXTENSION OF MERIDIAN PARK BOULEVARD, NORTH 40°2823" WEST, 184.08 FEET;
THENCE NORTH 30'28'30"WEST, 45.00 FEET TO THE TRUE POINT OF BEGINNING OF
THE FOLLOWING DESCRIBED PARCEL OF LAND;THENCE FROM SAID TRUE POINT OF
BEGINNING,CONTINUING NORTH 30028'30"WEST,22.11 FEET,THENCE NORTH 24°28'42"
EAST, 15.5.60 FEET; THENCE SOUTH 65° 31'18" EAST, 55.07 FEET; THENCE NORTH
62023'00" EAST 211.49 FEET; THENCE NORTH 24°28'42" EAST, 460.86 FEET; THENCE
SOUTH 85°29'54" EAST, 69.16 FEET TO THE MOST NORTHERLY CORNER OF THE
PARCEL OF LAND DESCRIBED IN EXHIBIT"A" IN THE LEASE BY AND BETWEEN CONTRA
COSTA COUNTY, AS LESSOR, AND CONCORD PROPERTIES (A GENERAL
PARTNERSHIP), AS LESSEE, RECORDED SEPTEMBER 29, 1971 IN BOOK 6487 OF
OFFICIAL RECORDS AT PAGE 216, RECORDS OF SAID COUNTY; THENCE.ALONG THE
NORTHWESTERLY AND NORTHERLY LINES OF SAID LEASE (6487 OR 216); SOUTH 24°
28'42" WEST, 466.12 FRET; THENCE SOUTH 62023'00" WEST, 338.57 FEET, THENCE
SOUTH 24°28'42"WEST, 47.62 FEET; THENCE SOUTHERLY ALONG A TANGENT CURVE
CONCAVE TO THE EAST HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL
ANGLE OF 83045'54", AN ARC DISTANCE OF 29.24 FEET, TO A POINT OF CUSP WITH A
TANGENT CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 45.00 FEET;THENCE
WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 61°11'18", AN ARC
DISTANCE OF 48.06 FEET TO THE TRUE. POINT OF BEGINNING,
CONTAINING AN AREA OF 1.112 ACRES (48,448 SQUARE FEET) OF LAND, MORE OR
LESS.
1997/0827L D.MJF
UTILITY EASEMENTS AND RESERVES RESERVING FROM PARQEL
(C) A STRIP OF LAND, 10.00 FEET IN WIDTH, LYING SOUTHWESTERLY,SOUTHERLY
AND SOUTHEASTERLY OF AND IMMEDIATELY ADJACENT TO THE COURSES
HEREINBEFORE DESCRIBED AS "SOUTH 65° 31'18" EAST, 55.07 FEET, NORTH
62023'00" EAST, 211.49 FEET, NORTH 2402842" EAST, 460.86 FEET AND SOUTH
85°29'54" EAST, 69.16 FEET."
(D) A STRIP OF LAND, 10,00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED LINE:
BEGINNING ON THE EXTERIOR LINE OF SAID LEASE PARCEL (6487 OR 216)
DISTANT SOUTH 24028'42" WEST, 371,12 FEET FROM THE MOST NORTHERLY
CORNER OF SAID PARCEL;THENCE FROM SAID POINT OF BEGINNING NORTH
65031'18" WEST, 55.00 FEET TO THE SOUTHEASTERLY LINE OF THE
HEREINBEFORE DESCRIBED RESERVE PARCEL(C),
(E) BEGINNING AT POINT OF CUSP DESCRIBED IN THE HEREINBEFORE PARCEL 2
FROM WHICH POINT A RADIAL LINE OF A CURVE CONCAVE TO THE SOUTH,
HAVING A RADIUS OF 45.04 FEET, BEARS SOUTH 30°42`48" WEST; THENCE,
WESTERLY ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 22056'51",AN
ARC DISTANCE OF 18.92 FEET;THENCE NORTH 24°28'42" EAST 21.52 FEET TO
A POINT OF CUSP WITH A TANGENT CURVE CONCAVE TO THE EAST, HAVING
A RADIUS OF 20.00 FEET;THENCE SOUTHERLY ALONG SAID CURVE,THROUGH
A CENTRAL ANGLE OF 83°4654", AN ARC DISTANCE OF 29.24 FEET, TO THE
POINT OF BEGINNING.
(F) ANY AND ALL THOSE PORTIONS OF EASEMENTS FOR SEWER.AND WATER PIPE
LINE DESCRIBED IN THE GRANTS OF EASEMENTS TO CENTRAL CONTRA COSTA
SANITARY DISTRICT, RECORDED JUNE 27, 1973 IN BOOK 6981 OF OFFICIAL
RECORDS, AT PAGE 123 AND TO CONTRA COSTA COUNTY WATER DISTRICT
RECORDED JUNE 27, 1972 IN BOOK 6683 OF OFFICIAL RECORDS,AT PAGE 361,
RECORDS OF SAID COUNTY, LYING IN AND UNDER SAID PARCEL 2.
(G) A STRIP OF LAND, 10.00 FEET IN WIDTH,LYING 5.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTER LINE..
COMMENCING AT A CONCRETE MONUMENT AT THE INTERSECTION OF THE
NORTHWESTERLY LINE OF THE PARCEL OF LAND DESCRIBED IN PARCEL
THREE IN THE RESOLUTION OF ACCEPTANCE OF DEED RECORDED AUGUST 16,
1951 IN BOOK 1807 OF OFFICIAL RECORDS, AT PAGE 301, WITH THE
SOUTHERLY LINE OF SECOND AVENUE SOUTH(FORMERLY DIABLO STREET)AS
SAID STREET IS SHOWN ON ABBOTT'S ADDITIONAL SURVEY,"1860"ON THE MAP
ENTITLED "MAP OF PACHECO" FILED IN BOOK E OF MAPS, AT PAGE 95, ALL
RECORDS OF SAID COUNTY;THENCE, FROM SAID POINT OF COMMENCEMENT,
ALONG SAID NORTHWESTERLY LINE, NORTH 10°53'52"WEST(NORTH 11°54'20"
WEST, RECORD) 12.12 FEET TO THE TRUE POINT OF BEGINNING OF THE
HEREINABOVE MENTIONED CENTERLINE,THENCE,FROM SAID TRUE POINT OF
BEGINNING NORTH 79°05'03"EAST,24.88 FEET;THENCE,SOUTH 64°43'09"EAST,
1.9971/08271-D.MJF
1,759.02 FEET TO A POINT ON A LINE PARALLEL WITH AND 14.00 FEET
NORTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE
NORTHWESTERLY LINE OF PARCEL 1 OF THE PARCEL OF LAND DESCRIBED IN
THE MEMORANDUM OF LEASE RECORDED OCTOBER 21, 1975 IN BOOK 8082 OF
OFFICIAL RECORDS, AT PAGE 148, RECORDS OF SAID COUNTY; THENCE,
ALONG SAID PARALLEL LINE NORTH 24°28'42" EAST, 455,92 FEET; THENCE,
SOUTH 85°29'54" EAST, 14.90 FEET TO SAID NORTHWESTERLY LINE OF SAID
LEASE PARCEL(8062 OR 143), SAID 10.00 FEET IN WIDTH STRIP OF LAND BEING
BOUNDED ON THE WEST BY THE NORTHWESTERLY LINE OF SAID PARCEL
THREE(1807 OR 301) AND ON THE EAST BY THE NORTHWESTERLY LINE OF
SAID LEASE PARCEL(8062 OR 143)AND ITS NORTHEASTERLY PROLONGATION.
PARCEL 3
COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF CONCORD
AVENUE WITH THE PROPOSED CENTER LINE OF MERIDIAN PARK BOULEVARD,AS SAID
CENTER LINE ARE SHOWN ON THE MAP OF SUBDIVISION 3258 FILED APRIL 28, 1965 IN
SOON 104 OF MAPS, AT PAGE 1, OFFICIAL RECORDS OF SAID COUNTY;THENCE FROM
SAID POINT OF COMMENCEMENT ALONG THE CENTER LINE OF THE NORTHWESTERLY
EXTENSION OF MERIDIAN PARK BOULEVARD, NORTH 40°28'23"WEST, 53.34 FEET TO
THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID CONCORD AVENUE; THENCE
ALONG SAID NORTHWESTERLY LINE BEING PARALLEL WITH AND 52.00 FEET
NORTHWESTERLY MEASURED AT RIGHT ANGLES, FORM SAID CENTER LINE OF
CONCORD AVENUE NORTH 62°23'00" EAST, 65.77 FEET; THENCE CONTINUING ALONG
SAID PARALLEL AND NORTHWESTERLY LINE OF CONCORD AVENUE, NORTH 62°23'70"
EAST, 143.24 FEET; THENCE NORTH 27°37'00"WEST, 62.61 FEET TO THE TRUE POINT
OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL OF LAND FROM WHICH POINT
A RADIAL LINE OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A
RADIUS OF 135.00,FEET, BEARS NORTH 16042'39" EAST; THENCE FROM SAID TRUE
POINT OF BEGINNING ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 35°12'52",
AN ARC DISTANCE OF 82.97 FEET; THENCE, NON-TANGENT TO SAID CURVE NORTH
27°37'00"WEST,72.00 FEET TO A POINT WHICH SHALL HEREINAFTER BE REFERRED TO
AS POINT "A' BEING ON THE SOUTHEASTERLY LINE OF THE ABOVE DESCRIBED
PARCEL 2;THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 62°23'00"WEST; 50,67
FEET; THENCE SOUTH 40° 87'00" EAST, 100.00 FEET;THENCE SOUTH 82037'04" EAST,
81.30 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING AN AREA OF 0.1065 ACRES (4,641 SQUARE FEET) OF LAND, MORE OR
LESS.
UTILITY EASEMENTS AND RESERVES RESERVING FROM PARCEL 3
(H) A STRIP OF LAND 10.00 FEET IN WIDTH, LYING SOUTHEASTERLY OF, AND
IMMEDIATELY ADJACENT TO, THE FOLLOWING DESCRIBED LINE; BEGINNING
AT THE HEREINBEFORE DESCRIBED POINT "A", THENCE, ALONG THE
NORTHERLY LINE OF SAID PARCEL 3, SOUTH 62023'00"WEST, 50.67 FEET TO
THE SOUTHWESTERLY LINE OF SAID PARCEL 3.
(1) ANY AND ALL THOSE PORTIONS OF EASEMENTS FOR SEWER AND WATER PIPE
LINES DESCRIBED IN THE GRANTS OF EASEMENT TO CENTRAL CONTRA COSTA
SANITARY DISTRICT, RECORDED JUNE 27, 1973 IN BOOK 6981 OF OFFICIAL
RECORDS, AT PAGE 123, AND TO CONTRA COSTA COUNTY WATER DISTRICT,
RECORDED JUNE 27, 1972 IN BOOK 6683 OF OFFICIAL RECORDS, AT PAGE 361,
RECORDS OF SAID COUNTY, LYING IN AND UNDER SAID PARCEL 3.
1997/0827L,D.MJF
FARCEL 4
COMMENCING AT THE. POINT OF INTERSECTION OF THE CENTER LINE OF CONCORD
AVENUE WITH PROPOSED CENTER LINE OF MERIDIAN PARK BOULEVARD, AS SAID
CENTER LINES ARE SHOWN ON THE MAP OF SUBDIVISION 3258 FILED APRIL 28, '1965
IN BOOK 104 OF MAPS, AT PAGE 1, OFFICIAL RECORDS OF SAID COUNTY; THENCE
FROM SAID POINT OF COMMENCEMENT ALONG THE CENTER LINE OF THE
NORTHWESTERLY EXTENSION OF MERIDIAN PARK BOULEVARD NORTH 40°28'23"WEST,
53,34 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID CONCORD
AVENUE; THENCE ALONG SAID NORTHWESTERLY LINE BEING PARALLEL WITH AND
52.00 NORTH.62023"00" EAST, 65.77 FEET TO THE TRUE POINT OF BEGINNING OF THE
FOLLOWING DESCRIBED PARCEL OF LAND; THENCE FROM SAID TRUE POINT OF
BEGINNING CONTINUING ALONG SAID PARALLEL AND NORTHWESTERLY LINE OF
CONCORD AVENUE, NORTH 62°23'00" EAST, 143.24 FEET; THENCE NORTH 27" 37'00"
WEST, 62.61 FEET; THENCE NORTH 82037'04" WEST, 81.30 FEET THENCE NORTH
40'°37'00"WEST, 100.00 FEET TO A POINT WHICH SHALL HEREINAFTER B5 REFERRED
TO AS POINT "B" THENCE SOUTH 62023'00" WEST, 70.44 FEET; THENCE SOUTH
24°28'42"WEST,47.62 FEET;THENCE SOUTHERLY ALONG A TANGENT CURVE CONCAVE
TO THE EAST HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF
8345'54",AN ARC DISTANCE OF 29,24 FEET TO A POINT ON THE NORTHEASTERLY LINE
OF SAID NORTHWESTERLY EXTENSION OF MERIDIAN PARD BOULEVARD FROM WHICH
POINT A RADIAL LINE OF A REVERSE CURVE CONCAVE TO THE SOUTHWEST, HAVING
A RADIUS OF 45.00 FEET, BEARS SOUTH 30°42'40" WEST; THENCE, ALONG SAID
NORTHEASTERLY LINE AS FOLLOWS: SOUTHEASTERLY ALONG SAID REVERSE CURVE,
THROUGH A CENTRAL ANGLE OF 53054'38", AN ARC DISTANCE OF 42.34 FEET,
SOUTHERLY ALONG A REVERSE CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF
10.00 FEET,THOUGH A CENTRAL ANGLE OF 35005'49",AN ARC DISTANCE OF 6,13 FEET,
TANGENT TO SAID CURVE SOUTH 40°28'23" EAST,75.26 FEET AND EASTERLY ALONG
A TANGENT CURVE CONCAVE, TO THE NORTH, HAVING A RADIUS OF 40.00 FEET,
THROUGH A CENTRAL ANGLE OF 77°0837",AN ARC DISTANCE OF 53.86 FEET TO THE
TRUE POINT OF BEGINNING,
CONTAINING AN AREA OF 0,6878 ACRES (29,959 SQUARE FEET) OF LAND, MORE OR
LESS.
UTILITY EASEMENTS AND RESERVES-gEaERVING FROM PAR EL 4-
(J) A STRIP OF LAND 10.00 FEET IN WIDTH, LYING SOUTHEASTERLY OF, AND
IMMEDIATELY ADJACENT TO, THE FOLLOWING DESCRIBED LINES: BEGINNING
AT THE HEREINBEFORE DESCRIBED POINT "B"; THENCE, ALONG THE
NORTHERLY LINE OF SAID PARCEL 4, SOUTH 62023'00" WEST, TO THE
SOUTHEASTERLY LINE OF SAID SEWER EASEMENT (6981 OR 123), LYING IN
SAID PARCEL 4;THENCE ALONG SAID SOUTHEASTERLY LINE, SOUTH 24028'42„
WEST, TO THE SOUTHWESTERLY LINE OF SAID PARCEL 4.
(K) ANY AND ALL THOSE PORTIONS OF EASEMENTS FOR SEWER AND WATER PIPE
LINES DESCRIBED IN THE GRANTS OF EASEMENT TO CENTRAL CONTRA COSTA
SANITARY DISTRICT, RECORDED JUNE 27, 1973 IN BOOK 6981 OF OFFICIAL
RECORDS, AT PAGE 124,AND TO CONTRA COSTA COUNTY WATER DISTRICT,
RECORDED JUNE 27, 1972 IN BOOK 6683 OF OFFICIAL RECORDS,AT PAGE 361,
RECORDS OF SAID COUNTY, LYING IN AND UNDER SAID PARCEL 4.
1997/0827LLO.MJF
BEARINGS USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA
COORDINATE SYSTEM, ZONE III TAKEN ON THE MONUMENT LINE OF CONCORD
AVENUE BEARING OF NORTH 62023'00', EAST AS SHOWN ON THAT CERTAIN PARCEL
MAP M.S. 2177 FILED FOR RECORD ON JUNE 6, 1977 IN BOOK 55 OF PARCEL MAPS AT
PAGE 12 OFFICIAL RECORDS OF CONTRA COSTA COUNTY.
THE ABOVE LEASE PARCEL DESCRIPTIONS HAVE BEEN PREPARED BY ME, OR UNDER
MY DIRECTION IN CONFORMANCE WITH SECTION 8726(€)OF THE PROFESSIONAL LAND
SURVEYOR'S ACT AND ROES NOT CONSTITUTE A LEGAL SUBDIVISION OF LANG AS
DEFINED BY SECTION 66412.1 (a) OF THE SUBDIVISION MAP ACT.
EXECUTED THIS 28TH DAY OF AUGUST, 1997
KIER&WRIGHT CIVIL ENGINEERS&SURVEYORS, INC.
�G.
A!L4J. FOLEY 4104AEL J. F Lry �
CALIFORNIA LICENSED LANG SURVEYOR.NO. 5777
LICENSE EXPIRATION BATE: 06/30100 - Ev` 06-3n-o.
KIER & WRIGHT CIVIL ENGINEERS ANIS SURVEYORS, INC. `3" No. 5777
5880 WEST LAS POSITAS, #34T or GA1-� �
PLEASANTON, CA 94588
(510)734-80360
END OF LEGAL DESCRIPTION
REVIEWED BY DEPUTY COUNTY SURVEYOR OF CONTRA COSTA COUNTY
f REN1"ZWEMMER, P.L.S. NO. 5999 DATE
EXPIRATION GATE: o so,,�
. �_,mac .
Nu. 5999
Or C A11E�
199710827LD.MJF
EXHIBIT "B" -Description of Ground Lease
The Ground Lease is described as fellows:
A. That certain lease between the County of Contra Costa, a political subdivision of the State of
California, as "Lessor," and Concord Properties, a partnership, as lessee, dated September 17,
1971, as thereafter amended by those certain amendments dated April 11, 1972, July 18, 1972,
and December 26, 1972;
B. Concord Properties' interest in the Lease was assigned to Sasha Maloff, an individual,
with Lessor's consent, on December 26, 1972,
C. That certain Modification of Lease Agreement dated January 26, 1976, between Lessor
and Sasha Maloff, an individual, as lessee, which Modification of Lease Agreement
replaced in its entirety the documentation previously existing;
D. The Assignment of Lease dated June 29, 1977, pursuant to which the interest of lessee
was assigned by Sasha Maloff to Theodore H. Kruttschnitt, III and Catherine M.
Kruttschnitt (collectively, the "Kruttschnitts");
E. The Second Modification of Lease Agreement dated March 17, 1981, by and between Lessor
and Kruttschnitts;
F. The Option to Lease by and between Lessor and Kruttschnitts dated March 17, 1981, as
modified by the Amendment to Option to Lease by and between Lessor and Kruttschnitts
dated November 17, 1981;
G. The 02tion Modification of Lease Agreement by and between Lessor and Kruttschnitts dated
May25, 1982;
H. The Third Modification of Lease Agreement by and between Lessor and Kruttschnitts
dated January 22, 1985;
1. The Fourth Amendment to the Modification of Lease Agreement by and between Lessor and
Kruttschnitts dated August 13, 1996;
J. The Kruttschnitts' interest in the Lease was assigned to Servico Concord, Inc., a California
corporation ("Servico") pursuant to a Ground Lease Assignment dated September 21, 1997;
K. The Fifth Amendment to the Modification of Lease Agreement between Lessor and Servico
dated September 22, 1997;
L. The Sixth Amendment to Modification of Lease Agreement between Lessor and Servico
dated December 8, 1998; and
M. Service's interest in the Lease was assigned to WB Concord, LLC, a Delaware limited liability
company, pursuant to a Ground Lease Assi mment dated August 18, 2000.
4
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9/27/2004 2:10 PM
M t. Recording toRequestedoCounty By:
Contra Costa County
r CONTRA COSTA Co Recorder Office
Title Ordeerr
Escrow _ STEPS L, UEIR C lark-Recorder
No. DOC— 2004-0381896-00
When Recorded,Return To: Aee t 4- Fidelity National Title
Contra Costa County Airports Fr i clay, OCT 08, 2004 W:00:00
554 Sally Ride Drive MIC $1.00 MOD $15.00 REC $19.00
Concord,CA 94520 TCF $14.00
Attn: Beth LeeTt l Pd $49,00 Nbr-M2372187
MNH/R2/1-15
CONSENT AND AGREEMENT OF LESSOR.
This Consent and Agreement of Lessor ("Agreement") is executed and delivered as of this 29th
day of September, 2004, by the County of Contra Costa, a political subdivision of the State of California
("Lessor"), AVB Concord LLC, a Delaware limited liability company, ("Lessee" or
"Assignor"), and Airport Capital Group, LP., a California limited partnership, who mutually
covenant and agree as follows;
RECITALS:
(a) Lessor is the lessor under that certain Modification of Lease Agreement dated January 26,
1976, by and between the Lessor and Sasha Maloff("Maloff'), as lessee, relating to the real
property more particularly described in Exhibit "A" hereto ("Leased Premises"). (The
Modification of Lease Agreement has been amended and assigned as described on Exhibit "B,"
and shall hereinafter be referred to as the "Lease").
(b) Maloff's interest in the Lease was subsequently assigned to and assumed by Lessee's
predecessors-in-interest as described in the documents listed on the attached Exhibit "B," which
predecessors-in-interest first included Kruttschnitts and then Servico, as defined therein.
(c) Servico and Lessee executed a Ground Lease Assi meat, dated August 18, 2000, whereby
Servico, as assignor, assigned all of its right, title, and interest in and to both the Lease and to
the Leased Premises to Lessee, as assignee, which Ground Lease Assignment was placed into
escrow.
(d) Lessee desires to sell and assign its interest in and to the Lease to Airport Capital Group, LP,
and Airport Capital Group, LP desires to acquire and accept the assignment of Lessee's
leasehold interest in the Lease under the terms and conditions described in that Purchase and
Sale Agreement dated September 7, 2004 ("Purchase and Sale Agreement"), and subject to
the terms and conditions contained in this Agreement.
(e) The Lease requires that Lessee receive Lessor's written consent before it can sell or assign any of its
interest in the Lease. Lessor has agreed to execute this Agreement, without which Lessee would
not consummate the proposed transaction.
AGREEMENT
In consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the
receipt and legal sufficiency of which are hereby acknowledged, Lessor, Lessee and Airport Capital
1
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Croup,LPhereby confirm and agree as follows: 387896
1. Lessee agrees the Recitals contained hereinabove are true and correct.
2. Lessor Hereby consents to the conveyance and assignment of Lessee's interest in and to the Lease
and to the Leased Premises by Lessee, as assignor, to Airport Capital Group, LP, as
assignee, completed by the Ground Lease Assignment, attached hereto and made a part
hereof as Exhibit "C," that becomes effective upon the closing date of the Purchase and Sale
Agreement.
3. Lessee's interest in the Lease is currently encumbered by a leasehold mortgage, as defined in
the Lease (""Leasehold Mortgage"). As a condition of Lessor's execution of this Agreement,
Lessee hereby warrants that any and all of Lessee's Leasehold Mortgages, or financial
obligations as they pertain to the Lease or to Lessee's leasehold interest, shall be fully
retired prior to or simultaneously with the close of escrow completing the proposed
assignment of the Lease by Lessee to Airport Capital Group, LP, and prior to the recordation
into the official records of Contra Costa County of the documents described herein. Airport
Capital Group,LP has represented to Lessor that, upon the close of escrow completing the proposed
assignment of the Lease by Lessee to Airport Capital Group, LP, there will be no Leasehold
Mortgages encumbering either the Lease or the Leased Premises, although Airport Capital Group,
LP may encumber the leasehold interest with a Leasehold Mortgage after said close of escrow.
Airport Capital Group, LP understands that one of the terms of the Lease is that the lessee thereunder
may have only one Leasehold Mortgage, as defined therein, outstanding at any one time. In the event
that Airport Capital Group, LP encumbers the Lease or its leasehold interest with such a Leasehold
Mortgage, Airport Capital Group, LP understands, wan-ants, and agrees that Lessor shall neither be a
party to a Leasehold Mortgagee's loan or other encumbrance, nor will Lessor`s fee title or other
interests in the Lease be used as security for Airport Capital Group's, LP's Leasehold Mortgage,
nor will Lessor's interest be subordinate to any security interest of the Leasehold Mortgage or to
Lessee's interest in the Lease.
4. This Agreement does not act to amend the Lease. In the event there is any confusion or
contradiction between any term of the Lease and this Agreement, the terms of the Lease shall
prevail.
5. Unless otherwise notified by Airport Capital Group, LP, copies of any notices from Lessor to
Airport Capital Group, LP under the Lease shall be sent to Airport Capital Group, LP at the
following address:
Airport Capital Group,LP.
433 North Camden Drive, Suite 900
Beverly Hills, CA 90210
Attn: Mr. Faraz Daneshgar
With a copy mailed to:
Foster Tepper, Esq.
9454 Wilshire Boulevard, Suite 600
Beverly Hills,CA 90212
2
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38789
Lessee hereby warrants and represents that none of its Leasehold Mortgagees, as defined in the
Consent and Agreement of Lessor dated August 31, 2000, shall be required to be notified of any
future correspondence or notices. This Agreement executed by the undersigned satisfies the
change of address notification provision of the Lease, as amended.
& This Agreement shall be binding upon the parties hereto, and their respective successors and
assigns.
7. Any dispute involving the interpretation or enforcement of this Agreement shall be decided under
the laws of the State of California, with venue in the Superior Court of the County of Contra
Costa, California. This Agreement may be executed in any number of counterparts which,when
taken together,shall be deemed to be one document.
8. The provisions of this Agreement shall survive both the execution,delivery, and recordation of this
Agreement,and the execution,delivery,and recordation of the Ground Lease Assignment.
LESSOR LESSEE/ASSIGNOR
CONTRA COSTA COUNTY, poli ical WB CONC ' LLC, a Delaware limited
subdivision of the State o a liability co p y
Byt 4 `' � By
-
Maurice Shiu I me ' 9;-S r A. A-L--Atk
Public Works Director
Its: V k c-E-- W-C'S' t
RECOMMENDED FOR APPROVAL:
By `" , ASSIGNEE
Keith Freitas
Director of Airports AIRPORT CAPITAL GROUP,LP., a California
limited partnership
By By: Airport Capital Group, Inc.
wren Laws A California Corporation
Principal Real Property Agent Its General Partner
APPROVED AS TO FORM: eshgar
President
By , + '
Pamela J. Zai %..' l �.
Deputy, Cou 65/unsel >~araz Daneshgar
Secretary
3
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38" 8 ►
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
SS.
County of
On kL, r co before me,. tIq Y til60,
N o and TBie of Officer(e.g.,"Jana Doe,Nota Public")
personally appeared �j _S@C Y7 ?f`I 'S�J4't�"YCZ� f dr1? Y i
Name(s)of Slgnarjs)
personally known to me
C� 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
S W A 011 � A Aacknowledged to me that he/shelthey executed
Cor»misafon#t 1471012 the same in his/her/their authorized
#Vollary Public-Cclforft capacity(ies), and that by his/her/their
Lot Argel a Cour#y signature(s) on the instrument the person(s), or
MV Comm.Expik aFeb 17,2= the entity upon behalf of which the person(s)
acted, executed the instrument.
WI ES my hand and official seal ;
Signature of Notary Public
OPTIONAL
Though the information below is not required bylaw,it may prove valuable to persons relying on the document and could prevent
f. fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
i a Document Date: Number of Pages: �
Signer(s)Other Than Named Above:
t
Capacity(les) Claimed by Signer l
Signer's Name:
-J Individual lop of thumb here
Corporate Officer—Title(s): 1
Partner—❑Limited ❑General
❑ Attorney-in-Fact �)
0 C Trustee ;I
C❑ Guardian or Conservator
❑ Other:
1
Signer Is -Representing:
01999 National Notary Association•9350 Do Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationainotary.org Prod.No.5907 Reorder.Cali"otl-Pre8 1.800-878-6827
CAUFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of V ,+1 �,iC,�
On , efore me, t /
Date Name and Title of Officer(e. .,"Jane Doe,Not ublic")
personally appeared
Name(s)of Signer(s)
ersonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the persons whose nam&{4 isles
LISA s.FAIRCLOTH subscribed to the within instrument and
Camrnission#1302993 acknowledged to me that het fthsy-executed
Notary Public-California the same in hisrfttet
r/te+ authorized
Orange County capacity(iest, and that by hist4�Ieir
�tmmycomrr,�>lreaA{ar30,2405 signatureke}�n the instrument the personj-, or
the entity upon behalf of which the person{- - ')
acted, executed the instrument.
ITN S my andoffi ' I seal'"
Piece Notary Seal Above Signature of Notary Public
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: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by.Signer
Signer's Name: _
❑ Individual
❑ Corporate Officer—Title(s): Top of thumb here� '
Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
Cl Other:
Signer Is Representing: #
0 1999 National Notary Association•9350 t)a Solo Ave.,P.O.Box 2402•Chatsworth.CA 91313-2402•www.natlonalnotwyorg Prod.No.5907 Reorder:Cali Toll-free t-800-a76.6827
387896
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Califom'
County of
On ` before me, Y1 beq, &16 r
Date
IN d title of Officer(e.g.,"Jane Dao(Notary Public")
personally appeared 4+61 L14-
Name(s)of Signers)
personally known to me
proved to me on the basis of satisfactory
evidence
to be the person4a) whose name* is/afa-
LINDA HOOVER subscribed to the within instrument and
COMM. 1917004 acknowledged to me that h4afshe/t xecuted
NOTARY PUBLIC•CALI€bRN3A the same in Ws/her/t4eir authorized
CONTRA 008TA f;C�t3NTY
My 00MM.E ms aw.5,2005 capacity�sj, and that by hWher/their-l'
signature(*-on the instrument the person(*, or
the entity upon behalf of which the person(s}-
acted, executed the instrument.
WITN S my hand and ff cial�seAal.
Signature of Notary Pubfc
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 Bate: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer
Sinner's Name:
Ri'll"ism
El Individual Top of thumb here
❑ Corporate Officer—Title(s):
Partner—❑ Limited r7 General
7, Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
0 1 l National Notary Association•9350 De Soto Ms.,P,O.Box 2402•Chatsworth,CA 91313-2402•www.nationainetary.org. Prod.No.5907 Reorder.Cali Tof-Free t-900-876-5927
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Calif rnia
ss.
Coun of
On before e,
6aYe Name nd Tftl a# Icer(a .,"sna Doe, n u e)
personally appeared
Narne(s)of igner{s)
\personally known to me
❑ proved to me on the basis of satisfactory
evidence
s to be the person(s) whose names)Vare
subscribed to the within instrument and
LISA t7Al ZtEL acknowledged to me that e xecuted
Commission# ]37X1{1 �
Notary Public - COMOMi the same in air authorized
ca y
Contra Costa County acit ie p Y(� s), and that b e
MyC rn,CxplresSep28. _ft signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITN S my hand a cial s at.
,wr
Signature of Not ry Pub!ic
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.
De tion of Attached document
Title or Type of ent:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
Individual lop of thumb here
❑ Corporate Officer,.-Title(s):
El Partner --❑Limited ❑General
❑ Attorney-' - act
El Trust
G rdian or Conservator
❑ ther:
Signer is Representing:
2999 Nat(orraf NotaryAssociation•0350 De Soto Ave.,P.U.Sox 2402•Chatsworth,CA 91313-2402•www.nationeklotRry.org Prod.No.5907 Reorder:Call Toll-Free 1.800-878-8827
38789E
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Cali nia
ss.
County of
0 W
On. before me.
Date me and 'car{e.g.,"Jane Doe,Notary bl ')
personally appeared
Name(s of Signer(s)
°personally known to me
D proved to me on the basis of satisfactory
evidence
to be the person whose named
LISA A.DALVEL subscribed to the withi instrument and
Commission# 1377110 acknowledged to me t a h ey executed
y Notary Public - C011t ffik, the same in his h eir thoriz d
Contra Costa Counfy capacityN< an that by
My Comm.Expires Sep 28 2006 signatureXon the instrument the rsort<or
the entity upon behalf of which the person(
acted, executed the instrument.
WITN S my hand a d If 1 sea
Signature of Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could ent
fraudulent removal and reattachment of this form to another document.
Des tion of Attached Document
Title or Type ocument:
Document Date: Number of Pages:
Signer(s)Other Than Name ove:
Capacity(les) Claimed by Sig
Signer's Name:
D Individual Top of thumb here
D Corporate Officer —T 1 ):
D Partner — D Limite General
D Attorney-in-Pa
D Trustee
D Guardi or Conservator
I Ot
igner Is Representing:
0 1999 National Notary Associatton•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 9f al3-2402-www.nattonatnotary.org Prod.No.5907 Reorder:Calf Toil-Free 1-800-876-6827
i
LEGAL DESCRIPTION OF LEASE PARCELS
"COUNTY OF CONTRA COSTA, UNICORPORATEO,STATE OF CALIFORNIA.
PORTIONS OF RANCHO MONTE DEL DIABLO,DESCRIBED AS FOLLOWS:
EARCE
COMMENCING AT THE POINT OF INTERSECTION OF THE.CENTER LINE OF CONCORD
AVENUE WITH THE PROPOSED CENTER LINE OF MERIDIAN PARK BOULEVARD,AS SAID
CENTER LINES ARE SHOWN ON THE MAP OF SUBDIVISION 3258 FILED APRIL 28, 1965
IN BOOK 104 OF MAPS, AT PAGE 1, OFFICIAL RECORDS OF SAID COUNTY; THENCE
FROM SAID POINT OF COMMENCEMENT ALONG THE CENTER LINE OF THE
NORTHWESTERLY EXTENSION OF MERIDIAN PARK BOULEVARD, NORTH 40028'23"
WEST, 53.34 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID CONCORD
AVENUE,THENCE, ALONG SAID NORTHWESTERLY LINE, BEING PARALLEL WITH AND
52.00 FEET NORTHWESTERLY,MEASURED AT RIGHT ANGLES,FROM SAID CENTER LINE
OF CONCORD AVENUE NORTH 62023'00" EAST, 209.01 FEET TO THE TRUE POINT OF
BEGINNING OF THE FOLLOWING DESCRIBED PARCEL OF LAND; THENCE FROM SAID
TRUE POINT OF BEGINNING, CONTINUING ALONG SAID PARALLEL AND
NORTHWESTERLY LINE OF CONCORD AVENUE NORTH 62023'00" EAST, 701.86 FEET;
THENCE,NORTHERLY ALONG A TANGENT CURVE CONCAVE TO THE WEST, HAVING A
RADIUS OF 20.00 FEET,THROUGH A CENTRAL ANGLE OF 90°00'00", AN ARC DISTANCE
OF 31.42 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF JOHN GLENN DRIVE;
THENCE,ALONG SAID SOUTHWESTERLY LINE NORTH 27°37'00"WEST,216.00 FEET AND
NORTHERLY ALONG A TANGENT CURVE CONCAVE TO THE EAST,HAVING A RADIUS OF
234.36 FEET,THROUGH A CENTRAL ANGLE OF 32°07'06",AN ARC DISTANCE OF 131.38
FEET TO THE NORTHERLY LINE OF THE PARCEL OF LAND DESCRIBED IN EXHIBIT"A"
IN THE LEASE BY AND BETWEEN CONTRA COSTA COUNTY,AS LESSOR,AND CONCORD
PROPERTIES (A GENERAL PARTNERSHIP), AS LESSEE, RECORDED SEPTEMBER 29,
1971 IN BOOK 6487 OF OFFICIAL RECORDS,AT PAGE 216,RECORDS OF SAID COUNTY;
THENCE,LEAVING SAID SOUTHWESTERLY LINE OF JOHN GLENN DRIVE ALONG THE
NORTHERLY LINE OF SAID PARCEL OF LAND LEASED TO CONCORD PROPERTIES(6487
OR 216)NORTH 85°29`54"WEST,249.01 FEET THE MOST NORTHERLY CORNER OF SAID
LEASE PARCEL; THENCE SOUTH 24°28'42" WEST, 466.12 FEET; THENCE, SOUTH
62°23'00"WEST,217.46 FEET,THENCE SOUTH 27037'00" EAST,72.00 FEET TO A POINT
FROM WHICH A RADIAL LINE OF A NON-TANGENT CURVE CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 135.00 FEET, BEARS NORTH 51-55'31- EAST;
THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
35012'52", AN ARC DISTANCE OF 82.97 FEET; THENCE, NON-TANGENT TO SAID CURVE
SOUTH 27°37`00" EAST, 62.59 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING AN AREA OF 5,707 ACRES (248,578 SQUARE FEET) OF LAND, MORE OR
LESS.
SUBJECT TO THE EASEMENT AND RIGHT OF WAY FOR UNDERGROUND UTILITIES
DESCRIBED IN THE MEMORANDUM OF LEASE RECORDED OCTOBER 21, 1976 IN BOOK
8062 OF OFFICIAL RECORDS AT PAGE 143, RECORDS OF SAID COUNTY.
1997/'0827LD.MJF
UTILITY EASEM N S AND RESERVES RI=SER F -PARCEL 1
(A)AN EASEMENT AND RIGHT OF WAY FOR UNDERGROUND UTILITIES IN AND UNDER
THE EASTERLY TEN(10)FEET THEREOF,ALONG SAID WESTERLY LINE OF JOHN GLENN
DRIVE;THE NORTHERLY TEN(10)FEET ALONG THE SOUTHERLY LINE OF SAID PACIFIC
STATES AVIATION LEASE, DESIGNATED HEREIN AS "NORTH 85°29'54" WEST, 249,01
FEET"; THE NORTHWESTERLY TWENTY (20) FEET ALONG THE COURSE HEREIN
DESIGNATED AS "SOUTH 24°2842"WEST, 466.12 FEET"; AND THE NORTHWESTERLY
TEN(10)FEET ALONG THE COURSE HEREIN DESIGNATED AS "SOUTH 62°23'00"WEST,
217.46 FEET."
(B) ANY AND ALL THOSE PORTIONS OF EASEMENTS FOR SEWER AND WATER PIPE
LINES DESCRIBED IN THE. GRANTS OF EASEMENT TO CENTRAL CONTRA COSTA
SANITARY DISTRICT, RECORDED.JUNE 27, 1973 IN LOOK 6981 OF OFFICIAL RECORDS,
AT PAGE 123,TO CONTRA COSTA COUNTY WATER DISTRICT RECORDED JUNE 27,1972
IN BOOK 6663 OF OFFICIAL RECORDS,AT PAGE 361,AND TO CONTRA COSTA WATER
DISTRICT RECORDED NOVEMBER 3, 1966 IN BOOK 5238 OF OFFICIAL RECORDS, AT
PAGE 442, RECORDS OF SAID COUNTY, LYING IN AND UNDER SAID PARCEL 1.
PARCEL 2
COMMENCING AT T HE POINT OF INTERSECTION OF THE CENTER LINE.OF CONCORD
AVENUE WITH THE PROPOSED CENTER LINE OF MERIDIAN PARK BOULEVARD,AS SAID
CENTER LINES ARE SHOWN ON THE MAP OF SUBDIVISION 3258 FILED APRIL 28, 1965
IN BOOK 104 OF MAPS, AT PAGE 1, OFFICIAL RECORDS OF SAID COUNTY; THENCE
FROM SAID POINT OF COMMENCEMENT ALONG THE CENTER LINE OF CONCORD
AVENUE, SOUTH 62023'00"WEST, 2.03 FEET;THENCE LEAVING SAID CENTER LINE OF
CONCORD AVENUE ALONG THE MONUMENT LINE OF THE NORTHWESTERLY
EXTENSION OF MERIDIAN PARK BOULEVARD, NORTH 40"28'23" WEST, 184.08 FEET;
THENCE NORTH 30028'30"WEST, 45.00 FEET TO THE TRUE POINT OF BEGINNING OF
THE FOLLOWING DESCRIBED PARCEL OF LAND; THENCE FROM SAID TRUE POINT OF
BEGINNING,CONTINUING NORTH 30°28'30"WEST,22.11 FEET;THENCE.NORTH 24928'42"
EAST, 155.60 FEET; THENCE SOUTH 659 31'18" EAST, 55.07 FEET; THENCE NORTH
62°23'00" EAST 211.49 FEET; THENCE NORTH 24°28'42" EAST, 460.86 FEET; THENCE
SOUTH 8502.9'54" EAST, 69.16 FEET TO THE MOST NORTHERLY CORNER OF THE
PARCEL OF LAND DESCRIBED IN EXHIBIT"A"IN THE.LEASE BY AND BETWEEN CONTRA
COSTA COUNTY, AS LESSOR, AND CONCORD PROPERTIES (A GENERAL
PARTNERSHIP), AS LESSEE, RECORDED SEPTEMBER 29, 1971 IN BOOK 6487 OF
OFFICIAL RECORDS AT PAGE 216, RECORDS OF SAID COUNTY; THENCE ALONG THE
NORTHWESTERLY AND NORTHERLY LINES OF SAID LEASE. (6487 OR 216); SOUTH 249
28'42" WEST, 466.12 FEET; THENCE SOUTH 62°23'00" WEST, 338.57 FEET; THENCE
SOUTH 24°28'42"WEST,47.62 FEET; THENCE SOUTHERLY ALONG A TANGENT CURVE
CONCAVE TO THE EAST HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL
ANGLE OF 83045'54", AN ARC DISTANCE OF 29.24 FEET, TO A POINT OF CUSP WITH A
TANGENT CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 45.00 FEET, THENCE
WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 61°11'18", AN ARC
DISTANCE OF 48.06 FEET TO THE TRUE POINT OF BEGINNING,
CONTAINING AN AREA OF 1.112 ACRES (48,448 SQUARE FEET) OF LAND, MORE OR
LESS.
1997/0827LD.NIJF
387896
UTILITY EASE ENTS ANDR - E E
(C) A STRIP OF LAND, 10.000 FEET IN WIDTH,LYING SOUTHWESTERLY, SOUTHERLY
AND SOUTHEASTERLY OF AND IMMEDIATELY ADJACENT TO THE COURSES
HEREINBEFORE DESCRIBED AS"SOUTH 65" 31'18" EAST, 55.07 FEET, NORTH
62°23'00" EAST, 211.49 FEET, NORTH 24°2842" EAST,460.66 FEET AND SOUTH
85°29'54"EAST, 69.16 FEET."
(D) A STRIP OF LAND, 10.00 FEET IN WIDTH,LYING 5.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED LINE:
BEGINNING ON THE EXTERIOR LINE OF SAID LEASE PARCEL (6487 OR 216)
DISTANT SOUTH 2402842" WEST, 371.12 FEET FROM THE MOST NORTHERLY
CORNER OF SAID PARCEL;THENCE FROM SAID POINT OF BEGINNING NORTH
65°31'16" WEST, 55.00 FEET TO THE SOUTHEASTERLY LINE OF THE
HEREINBEFORE DESCRIBED RESERVE PARCEL(C).
(E) BEGINNING AT POINT OF CUSP DESCRIBED IN THE HEREINBEFORE PARCEL 2
FROM WHICH POINT A RADIAL LINE OF A CURVE CONCAVE TO THE SOUTH,
HAVING A RADIUS OF 46.00 FEET, BEARS SOUTH 30°42'48" WEST; THENCE,
WESTERLY ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 22°56'61",AN
ARC DISTANCE OF 18.92 FEET;THENCE NORTH 24028'42"EAST 21.52 FEET TO
A POINT OF CUSP WITH A TANGENT CURVE CONCAVE TO THE EAST, HAVING
A RADIUS OF 20.00 FEET;THENCE SOUTHERLY ALONG SAID CURVE,THROUGH
A CENTRAL ANGLE OF 83°4654", AN ARC DISTANCE OF 29.24 FEET, TO THE
POINT OF BEGINNING.
(F) ANY AND ALL.THOSE PORTIONS OF EASEMENTS FOR SEWER AND WATER PIPE
LINE DESCRIBED IN THE GRANTS OF EASEMENTS TO CENTRAL CONTRA COSTA
SANITARY DISTRICT, RECORDED .LUNE 27, 1973 IN BOOK 6981 OF OFFICIAL
RECORDS, AT PAGE 123 AND TO CONTRA COSTA COUNTY WATER DISTRICT
RECORDED JUNE 27, 1972 IN BOOK 5683 OF OFFICIAL RECORDS,AT PAGE 361,
RECORDS OF SAID COUNTY, LYING IN AND UNDER SAID PARCEL 2.
(G) A STRIP OF LAND, 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTER LINE.
COMMENCING AT A CONCRETE MONUMENT AT THE INTERSECTION OF THE
NORTHWESTERLY LINE OF THE PARCEL OF LAND DESCRIBED IN PARCEL
THREE IN THE RESOLUTION OF ACCEPTANCE OF DEED RECORDED AUGUST 16,
1951 IN BOOK 1807 OF OFFICIAL RECORDS, AT PAGE 301, WITH THE
SOUTHERLY LINE OF SECOND AVENUE SOUTH(FORMERLY DIABLO STREET)AS
SAID STREET IS SHOWN ON ABBOTTS ADDITIONAL SURVEY,"1860"ON THE MAP
ENTITLED "MAP OF PACHECO" FILED IN BOOK E OF MAPS, AT PAGE 95, ALL
RECORDS OF SAID COUNTY;THENCE, FROM SAID POINT OF COMMENCEMENT,
ALONG SAID NORTHWESTERLY LINE, NORTH 10°53'52"WEST(NORTH 11°5420"
WEST, RECORD) 12.12 FEET TO THE TRUE POINT OF BEGINNING OF THE
HEREINABOVE MENTIONED CENTERLINE;THENCE,FROM SAID TRUE POINT OF
BEGINNING NORTH 79°05'03"EAST,24.88 FEET;THENCE,SOUTH 640&09"EAST,
1997/0827LD.MJF
atm A �F
1,759.02 FEET TO A POINT ON A LINE PARALLEL WITH AND 14.00 FEET
NORTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE
NORTHWESTERLY LINE OF PARCEL'I OF THE PARCEL OF LAND DESCRIBED IN
THE MEMORANDUM OF LEASE RECORDED OCTOBER 21, 9975 IN BOOK 8062 OF
OFFICIAL RECORDS, AT PAGE 143, RECORDS OF SAID COUNTY; THENCE,
ALONG SAID PARALLEL LINE NORTH 24"28'42" EAST, 455.92 FEET, THENCE,
SOUTH 85029'54" EAST, 94.90 FEET TO SAID NORTHWESTERLY LINE OF SAID
LEASE PARCEL(8062 OR 143),SAID 10.00 FEET IN WIDTH STRIP OF LAND BEING
BOUNDED ON THE WEST BY THE NORTHWESTERLY LINE OF SAID PARCEL
THREE(1807 OR 301) AND ON THE EAST BY THE NORTHWESTERLY LINE OF
SAID LEASE PARCEL(8062 OR 143)AND ITS NORTHEASTERLY PROLONGATION.
PARA-L 3
COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF CONCORD
AVENUE WITH THE PROPOSED CENTER LINE OF MERIDIAN PARK BOULEVARD,AS SAID
CENTER LINE ARE SHOWN ON THE MAF'OF SUBDIVISION 3258 FILED APRIL 28, 1965 IN
BOOK 104 OF MAPS,AT PAGE 1,OFFICIAL RECORDS OF SAID COUNTY;THENCE FROM
SAID POINT OF COMMENCEMENT ALONG THE CENTER LINE OF THE NORTHWESTERLY
EXTENSION OF MERIDIAN PARK BOULEVARD, NORTH 40°28'23"WEST, 53.34 FEET TO
THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID CONCORD AVENUE; THENCE
ALONG SAID NORTHWESTERLY LINE BEING PARALLEL WITH AND 52.00 FEET
NORTHWESTERLY MEASURED AT RIGHT ANGLES, FORM SAID CENTER LINE OF
CONCORD AVENUE NORTH 62°23'00"EAST, 65.77 FEET; THENCE CONTINUING ALONG
SAID PARALLEL AND NORTHWESTERLY LINE OF CONCORD AVENUE, NORTH 620 23'00"
EAST, 143.24 FEET; THENCE NORTH 27°37'00"WEST, 62.61 FEET TO THE TRUE POINT
OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL OF LAND FROM WHICH POINT
A RADIAL LINE OF A NON-TANGENT CURVE CONCAVE.TO THE NORTHEAST, HAVING A
RADIUS OF 135,00�FEET, BEARS NORTH 16°42'39" EAST; THENCE FROM SAID TRUE
POINT OF BEGINNING ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 35°12'52",
AN ARC DISTANCE OF 82.97 FEET; THENCE, NON-TANGENT TO SAID CURVE NORTH
27°37'00"WEST,72.00 FEET TO A POINT WHICH SHALL HEREINAFTER BE REFERRED TO
AS POINT "A", BEING ON THE SOUTHEASTERLY LINE OF THE ABOVE DESCRIBED
PARCEL 2;THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 62°23'00"WEST; 50.67
FEET; THENCE SOUTH 40' 37'00" EAST, 100.00 FEET;THENCE SOUTH 82°37'04" EAST,
81.30 FEET TO THE TRUE. POINT OF BEGINNING.
CONTAINING AN AREA OF 0.1065 ACRES (4,641 SQUARE FEET) OF LAND, MORE OR
LESS.
UTILITY EASEMJh NTS AND RESERVES RESERVING FROM PARCEL 3
(H) A STRIP OF LAND 10.00 FEET IN WIDTH, LYING SOUTHEASTERLY OF, AND
IMMEDIATELY ADJACENT TO, THE FOLLOWING DESCRIBED LINE: BEGINNING
AT THE HEREINBEFORE DESCRIBED POINT "A" THENCE, ALONG THE
NORTHERLY LINE OF SAID PARCEL 3, SOUTH 6223'00" WEST, 50.67 FEET TO
THE SOUTHWESTERLY LINE OF SAID PARCEL 3.
(I) ANY AND ALL THOSE PORTIONS OF EASEMENTS FOR SEWER AND WATER PIPE
LINES DESCRIBED IN THE GRANTS OF EASEMENT TO CENTRAL CONTRA COSTA
SANITARY DISTRICT, RECORDED JUNE 27, 1973 IN BOOK 6981 OF OFFICIAL
RECORDS, AT PAGE 123,AND TO CONTRA COSTA COUNTY WATER.DISTRICT,
RECORDED JUNE 27, 1972 IN BOOK 6683 OF OFFICIAL RECORDS,AT PAGE 361,
RECORDS OF SAID COUNTY, LYING IN AND UNDER SAID PARCEL 3.
1997K1827LD.MJJ~
R&BQF 4
COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF CONCORD
AVENUE WITH PROPOSED CENTER LINE OF MERIDIAN PARK BOULEVARD, AS SAID
CENTER LINES ARE SHOWN ON THE MAP OF SUBDIVISION 8288 FILED APRIL 28, 1965
IN BOOK 104 OF MAPS, AT PAGE 1, OFFICIAL RECORDS OF SAID COUNTY, THENCE
FROM SAID POINT OF COMMENCEMENT ALONG THE CENTER LINE OF THE
NORTHWESTERLY EXTENSION OF MERIDIAN PARK BOULEVARD NORTH 40°28'23"WEST,
53.34 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID CONCORD
AVENUE; THENCE ALONG SAID NORTHWESTERLY LINE BEING PARALLEL WITH AND
52.00 NORTH 62023'00" EAST,65.77 FEET TO THE TRUE POINT OF BEGINNING OF THE
FOLLOWING DESCRIBED PARCEL OF LAND; THENCE FROM SAID TRUE POINT OF
BEGINNING CONTINUING ALONG SAID PARALLEL AND NORTHWESTERLY LINE OF
CONCORD AVENUE, NORTH 62°23-00" EAST, 143.24 FEET; THENCE NORTH 27a 37'00"
WEST, 62.61 FEET; THENCE NORTH 82°37'04" WEST, 81.30 FEET THENCE. NORTH
40°37'00"WEST, 100.00 FEET TO A PAINT WHICH SHALL HEREINAFTER BE REFERRED
TO AS POINT "B" THENCE SOUTH 62°23'00" WEST, 70.44 FEET; THENCE SOUTH
24°28'42"WEST,47.62 FEET;THENCE SOUTHERLY ALONG A TANGENT CURVE CONCAVE
TO THE EAST HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF
83"45'54",AN ARC DISTANCE OF 29.24 FEET TO A POINT ON THE NORTHEASTERLY LINE
OF SAID NORTHWESTERLY EXTENSION OF MERIDIAN PARK BOULEVARD FROM WHICH
POINT A RADIAL LINE OF A REVERSE CURVE CONCAVE TO T14E SOUTHWEST, HAVING
A RADIUS OF 45.00 FEET, BEARS SOUTH 30°42'40" WEST; THENCE, ALONG SAID
NORTHEASTERLY LINE AS FOLLOWS: SOUTHEASTERLY ALONG SAID REVERSE CURIE,
THROUGH A CENTRAL ANGLE OF 5305438", AN ARC DISTANCE OF 42.34 FEET,
SOUTHERLY ALONG A REVERSE CURVE CONCAVE TO THE EAST,HAVING A RADIUS OF
10.00 FEET,THOUGH A CENTRAL ANGLE OF 35°05'49",AN ARC DISTANCE OF 6.13 FEET,
TANGENT TO SAID CURVE SOUTH 40028'23"EAST, 75.26 FEET AND EASTERLY ALONG
A TANGENT CURVt CONCAVE TO THE NORTH, HAVING A RADIUS OF 40.00 FEET,
THROUGH A CENTRAL ANGLE OF 77008'37",AN ARC DISTANCE OF 53.86 FEET TO THE.
TRUE POINT OF BEGINNING.
CONTAINING AN AREA OF 0.6878 ACRES (29,959 SQUARE FEET) OF LAND, MORE OR
LESS.
UTILITY EASEMENTS AND RESERVES RESER%tING FROM PARCEL41
(J) A STRIP OF LAND 10.00 FEET IN WIDTH. LYING SOUTHEASTERLY OF, AND
IMMEDIATELY ADJACENT TO, THE FOLLOWING DESCRIBED LINES: BEGINNING
AT THE HEREINBEFORE DESCRIBED POINT "B THENCE, ALONG THE
NORTHERLY LINE OF SAID PARCEL 4, SOUTH 62°23'00" WEST, TO THE
SOUTHEASTERLY LINE OF SAID SEWER EASEMENT (6981 OR 123), LYING IN
SAID PARCEL 4; THENCE ALONG SAID SOUTHEASTERLY LINE, SOUTH 24°28'42"
WEST, TO THE SOUTHWESTERLY LINE OF SAID PARCEL 4.
(K) ANY AND ALL THOSE PORTIONS OF EASEMENTS FOR SEWER AND WATER PIPE
LINES DESCRIBED IN THE GRANTS OF EASEMENT TO CENTRAL CONTRA COSTA
SANITARY DISTRICT, RECORDED JUNE 27, 1973 IN BOOK 6981 OF OFFICIAL
RECORDS, AT DACE 124, AND TO CONTRA COSTA COUNTY WATER DISTRICT,
RECORDED JUNE 27, 1972 IN BOOK 6883 OF OFFICIAL RECORDS,AT PAGE 361,
RECORDS OF SAID COUNTY,LYING IN AND UNDER SAID PARCEL 4.
1997/0827LI7.MJF
38'896
BEARINGS USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA
COORDINATE SYSTEM, ZONE III TAKEN ON THE MONUMENT LINE OF CONCORD
AVENUE BEARING OF NORTH 62°23'00-, EAST AS SHOWN ON THAT CERTAIN PARCEL
MAP M.S.21-77 FILED FOR.RECORD ON JUNE.6, 1977 IN BOOK 55 OF PARCEL MAPS AT
PAGE 12 OFFICIAL RECORDS OF CONTRA COSTA COUNTY.
THE ABOVE LEASE PARCEL DESCRIPTIONS HAVE BEEN PREPARED BY ME,OR UNDER
MY DIRECTION IN CONFORMANCE WITH SECTION 8726(1)OF THE PROFESSIONAL LAND
SURVEYOR'S ACT AND DOES NOT CONSTITUTE A LEGA€.. SUBDIVISION OF LAND A
DEFINED BY SECTION 66412.1 (a)OF THE SUBDIVISION MAP ACT,
EXECUTED THIS 28TH DAY OF AUGUST, 1997
KIER &WRIGHT CIVIL ENGINEERS &SURVEYORS, INC.
Z..
MICHAEL J. FOLEY h# HAEL J, Fly
CALIFORNIA LICENSED LANG SURVEYOR NO. 5777 Fx .
LICENSE EXPIRATION DATE: 06/30100 -�
*
KIER &WRIGHT CIVIL ENGINEERS AND SURVEYORS, INC. `�� No. 5177 *
5880 WEST LAS POSITAS, #34 �� OfigL��p
PLEASANTON, CA 94588
(510)734-8060
END OF LEGAL DESCRIPTION
REVIEWER BY DEPUTY COUNTY SURVEYOR OF CONTRA COSTA COUNTY
RENE ZWEMMER, P.L.S. NO. 5999 DATE
EXPIRATION DATE: �'�-3"l CEJ ���vANS(��b
I997I0827LD..MYF
387896
EXHIBIT "B" -Description of Ground Luse
The Ground Lease is described as follows:
A. That certain lease between the County of Contra Costa, a political subdivision of the State of
California, as "Lessor,"and Concord Properties, a partnership, as lessee, dated September 17,
1971, as thereafter amended by those certain amendments dated April 11, 1972, July 18, 1972,
and December 26, 1972;
B. Concord Properties' interest in the Lease was assigned to Sasha Maloff, an individual,
with Lessor's consent, on December 26, 1972;
C. That certain Modification of Lease Agreement dated January 26, 1976, between Lessor
and Sasha Maloff, an individual, as lessee, which Modification of Lease Agreement
replaced in its entirety the documentation previously existing;
D. The Assignment of Lease dated June 29, 1977, pursuant to which the interest of lessee
was assigned by Sasha Maloff to Theodore H. Kruttschnitt, III and Catherine M.
Kruttschnitt (collectively, the "Kruttschnitts");
L. The Second Modification of Lease Agreement dated March 17, 1981, by and between Lessor
and Kruttschnitts;
F. The Option to Lease by and between Lessor and Kruttschnitts dated March 17, 1981, as
modified by the Amendment to Option to Lease by and between Lessor and Kruttschnitts
dated November 17, 1981;
G. The Option Modification of Lease Agreement by and between Lessor and Kruttschnitts dated
May 25, 1982;
H. The Third Modification of Lease Agreement by and between Lessor and Kruttschnitts
dated January 22, 1985;
1. The Fourth Amendment to the Modification of Lease Agreement by and between Lesser and
Kruttschnitts dated August 13, 1996;
J. The Kruttschnitts' interest in the Lease was assigned to Servico Concord, Inc., a California
corporation ("Servico"} pursuant to a Ground Lease Assi nment dated September 21, 1997;
K. The Fifth Amendment to the Modification of Lease Agreement between Lessor and Servico
dated September 22, 1997;
L. The Sixth Amendment to Modification of Lease Agreement between Lessor and Servico
dated December 8, 1998; and
M. Servco's interest in the Lease was assigned to WB Concord, LLC, a Delaware limited liability
company, pursuant to a Ground Lease Assignment dated August 18, 2000.
4 . 3 ,0r DOCUMENT
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