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HomeMy WebLinkAbout2001-012 RESOLUTION NO. 2001-12 1 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE WITH AT&T WIRELESS, INC. RELATING TO CERTAIN 4 CITY-OWNED REAL PROPERTY SITUATED AT THE SOUTHWESTERLY PORTION OF DELMANN HEIGHTS PARK, WEST OF PENNSYLVANIA AVENUE. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. That the Mayor and Common Council of the City of San Bernardino is 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 hereby authorized and directed to execute, on behalf of said City, a Lease relating to that certain City-owned real property located at the Southwesterly portion of Delmann Heights Park, west of Pennsylvania Avenue, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization to execute the above-referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. //1 //1 12/12/00 1 2 2001-12 RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE WITH AT&T WIRELESS, INC. FOR PROPERTY LOCATED AT THE SOUTHWESTERLY PORTION OF DELMANN HEIGHTS PARK. I HEREBY CERTIFY that the foregoing resolution was dilly adopted by the Mayor and Joint Regular 3 Common Council of the City of San Bernardino at a meeting thereof 4 held on the 8th day of January 5 wit: 6 15 16 17 18 The foregoing resolution is hereby approved this 19 20 7 8 9 10 11 12 13 14 21 22 23 24 25 26 27 28 , 20 01 , by the following vote, to Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LIEN x MCGINNIS x SCHNETZ x SUAREZ x ANDERSON x MCCAMMACK x QCUJ.-1 h r!-LtUJc CitY-clerk /07h day of January ,20 01 . pproved as to form d legal content: ~ H VALLES, Mayor of San Bernardino AMES F. PENMAN ity A -;2 (2::~ z~~ v 2/12/00 2 '" '2001-12 LEASE 1 2 3 4 into this i I n\ day of ..j ",,",,",">it '\ 1 5 between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as COMMUNICATIONS SITE LEASE AGREEMENT THIS COMMUNICATION SITE LEASE AGREEMENT (Lease), is made and entered , 20~, by and 6 "Lessor", and AT&T Wireless, Inc., a Delaware corporation, hereinafter referred to as "Lessee". " :Xf'llt.e> 7 8 9 10 11 12 facility to be located in the Southwesterly portion of Delmann Heights Park, and Lessor is RECITALS This Lease is made and entered into with respect to the following facts: (a) Lessor is the owner of the Premises herein described. (b) Lessee has requested permission to construct a mobilelwireless communications 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 willing to lease the Premises to Lessee upon the terms and conditions hereinafter set forth. (c) Lessee believes that the facility will not interfere with the Department of Parks and Recreation's operations or the public's use of the park. (d) This Lease is conditioned upon Lessee, or Lessee's assIgns, obtaining all governmental permits and approvals enabling Lessee, or its assigns to construct and operate mobilelwireless communications facilities on the Premises. NOW THEREFORE, the parties hereto agree as follows: I. Prooertv Leased: Lessor hereby leases to Lessee, and the Lessee hereby leases from Lessor, a 40' x 0' (forty foot by forty foot) area of Delmann Heights park, 40 feet West of Pennsylvania venue adjacent to the Westerly boundary line, and adjacent to the Southerly boundary line, as escribed as follows: 1/03/01 EXHIBIT" A" LEASE - AT&T Wireless, Inc. 15.06-149 2001-12 1 2 3 4 5 6 7 8 9 10 All that portion of the West one half of Section 29, Township 1 North, Range 4 West, San Bernardino Meridian in the City of San Bernardino, County of San Bernardino, State of California, according to the official plat thereof, lying within Lot 38 of Muscupiabe Rancho, as per map recorded in Book I, page 7 of Maps and in Book 7, page 23, in the office ofthe County Recorder of said County, described as follows: Beginning at the Northwest corner of Lot 32 of Tract No. 4000, Delmann Heights Unit No.2, as per plat thereofrecorded in Book 52 of Maps, page 84, in the office of the County Recorder of said County, along the Northerly line of said Lot 32, a distance of 42.00 feet; thence leaving said Northerly line North 000 23' 08" West, a distance of 40.50 feet; thence South 890 36' 52" West, a distance of 42.00 feet to the Easterly line of Lot 18 of said Tract No. 4000; thence along said Easterly line, South 000 23' 08" East, a distance of 40.50 feet to the Point of Beginning. 11 Said Premises includes any appurtenant facilities and applicable easements for access and 12 utilities. 13 2. Term: 14 The term of this Lease shall be five (5) years, commencing with the issuance of a 15 local building permit allowing Lessee to construct its mobile/wireless communications facilities 16 17 18 19 on the Premises, or the date both Lessor and Lessee have executed said Lease ("Commencement Date"), whichever is earlier. Lessee shall have the right to extend the term of the Lease for five (5) additional terms of five (5) years each. Each renewal term shall be on the terms and 20 conditions set forth herein. This Lease shall automatically be extended for each successive five 21 (5) year renewal term upon Lessor's receipt of Lessee's written notification of intention to renew 22 no later than ninety (90) days prior to the expiration of the first five (5) year term or any renewal 23 erm. In the event the Lessee decides not to extend this Lease, then Lessee shall notify the 24 essor in writing of Lessee's intention not to extend this Lease at least ninety (90) days prior to 25 26 he expiration of the first five (5) year term or any renewal term. 27 28 II 1/03/01 2 LEASE - AT&T Wireless, Inc. 15.06-149 9 10 2001-12 1 2 3 3 Lease Pavments: (a) Lessee shall pay Lessor the sum of three hundred dollars ($300.00) for a 4 document preparation fee upon the Commencement Date of said Lease. In the event the Lease 5 is terminated as a result of testing as set forth in Paragraph 5(a), Lessor shall retain the 6 document preparation fee of$300.00 for work performed. 7 (b) Upon the Commencement Date, Lessee shall pay Lessor as rent, the 8 annual sum of $10,800.00, payable in monthly installments. The monthly installments shall be in the amount of $900.00 each, due and payable on or before the first day of each month, commencing thirty (30) days after the effective date of the Lease, and on the same date of each 11 12 month thereafter. Payments shall be directed to: 13 14 15 16 City of San Bernardino Development Services Department/Real Property Section 300 North "D" Street San Bernardino, CA 92418 (c) Rent shall be increased at the beginning of each renewal term by the 17 amount equal to fifteen percent (15%) of the rent for the previous term or renewal term. 18 4. Use Restrictions: 19 20 21 The Premises may be used by Lessee for any lawful activity in connection with the provisions of mobilelwireless communications services, including without limitation, the transmission and the reception of radio communication signals on various frequencies, and the 22 23 construction, maintenance and operation of related communications facilities. Lessor agrees to 24 cooperate with Lessee, at Lessee's expense, in making application for and obtaining all licenses, 25 26 27 I I I 28 ermits, and any and all other necessary approvals that may be required for Lessee's intended se of the Premises. 1/03/01 3 LEASE - AT&T Wireless, Inc. 15.06-149 2001-12 1 2 3 5. Improvements: (a) Lessee shall have the right (but not the obligation) at any time prior to the 4 Commencement Date, to enter the Premises for the purpose of making necessary engineering 5 surveys and inspections (and soil tests where applicable) and other reasonably necessary tests 6 ("Tests") and for the purpose of determining the suitability of the Lessee Facilities (as defined 7 herein) for mobilelwireless communications operations. During any Tests, Lessee shall have coordinate the scheduling of same with Lessor. If Lessee determines that the Premises are 13 Tests. 14 (b) Lessee shall have the right to erect, maintain and operate on the Premises, 15 radio communications facilities, including but not limited to radio frequency transmitting and 16 receiving equipment, batteries, utility lines, transmission lines, radio frequency transmitting and 17 receiving antennas and supporting structures and improvements ("Lessee Facilities"). In 18 19 connection therewith, Lessee has the right to do all work necessary to prepare, add, maintain and 20 alter the Premises for Lessee's business operations and to install utility lines and transmission 21 lines connecting antennas to transmitters and receivers. All of Lessee's construction and 22 installation work shall be performed at Lessee's sole cost and expense and in a good 23 24 25 26 orkmanlike manner. Lessee shall hold title to the Lessee Facilities and any equipment placed n the Premises by Lessee. All of Lessee Facilities shall remain the property of Lessee and are ot fixtures. Lessee has the right to remove all Lessee Facilities at its sole expense on or before 27 he expiration or earlier termination of this Lease. Lessee shall not make any material alterations 28 1/03/01 4 LEASE - AT&T Wireless, Inc. 15.06-149 8 9 10 11 charge to Lessee. Lessor represents and warrants that it has full rights of ingress to and egress 12 from said Premises, and shall allow Lessee access from the nearest public roadway to the 2001-12 1 2 to the Premises, or any part thereof, other than as set forth in Paragraph 5 herein, without the prior written consent of Lessor. Any and all alterations and/or improvements made to the 3 4 Premises pursuant to this section, including but not limited to Lessee Facilities, shall, upon 5 termination of this Lease, be removed from the Premises, and the land returned to its previous 6 state, excepting normal west and tear, casualty, or damage caused by Lessor or Lessor's agents, 7 employees, or contractor's negligence, omissions or willful misconduct. (c) Lessor shall provide to Lessee, Lessee's employees, agents and subcontractors, access to the Premises twenty-four (24) hours a day, seven (7) days a week, at no 13 Premises at all times, and hereby grants such ingress and egress rights to Lessee along a 20' 14 (twenty foot) strip starting from Pennsylvania A venue, along the southerly border of property to 15 the lease area, to the extent required to maintain, install and operate the Lessee Facilities on the 16 Premises. Lessee shall repair any damages Lessee, its agents, employees, officers, or contractors 17 18 19 20 cause to said above ingress and egress area. 6. Maintenance and Inspections: Lessee shall, at Lessee's own cost and expense, keep and maintain all 21 improvements hereinafter constructed on the Premises in good condition and repair, and shall use 22 all reasonable precaution to prevent waste, damage or injury to the Premises. Lessor shall, at any 23 24 easonable time, have the right to go upon the Premises upon 72 hour prior notice to Lessee, and 'nspect and examine the same relative to such maintenance and upkeep. Such inspections shall 25 26 27 28 e conducted in the accompaniment of an AT&T employee or authorized representative. II LEASE - AT&T Wireless, Inc. 15.06-149 1/03/01 5 2001-12 1 2 3 7. Utilities: Lessee shall have the right to install utilities, at Lessee's expense, and to improve 4 the present utilities on or near the Premises (including, but not limited to the installation of 5 emergency power generators), subject to Lessor's approval of the location, which approval shall 6 not be unreasonably withheld. 7 8 services and utilities, including service installation fees and charges for such utilities used by Lessee shall pay for all electricity, gas, water, telephone service, and all other 9 10 11 12 Lessee during the term of this lease. Liens andlor Encumbrances: 8. Lessee shall payor cause to be paid, all costs of construction and/or installation of 13 all improvements. Lessee shall keep the Premises free and clear of any and all claims arising out 14 of performance of work on Lessee's behalf, furnishing of materials on Lessee's behalf, and upon 15 use of utilities by Lessee. This Lease shall be subordinate to any lien, mortgage or deed of trust 16 currently on record against said Property. 17 18 19 9. Permits and Fees: Lessee shall pay all license fees, assessments, taxes, penalties or fines which may 20 be levied against Lessee by virtue of the installation of Lessee's leasehold improvements. 21 22 10. Liabilitv Insurance: Lessee agrees to procure and maintain in force during the term of this Lease and 23 any extension, at its own expense, the following insurance in companies approved by Lessor, 24 25 adequate to protect against liability for damage claims arising in or around the Leased premises; 1) Commercial General Liability with limits of five million dollars ($5,000,000.00) per 26 27 28 ccutrence, (2) Automobile Liability with a combined single limit of one million dollars 1/03/01 6 LEASE - AT&T Wireless, Inc. 15.06-149 2001-12 1 2 Employers' Liability with limits of one million dollars ($1,000,000.00) per occurrence. Lessee 3 ($1,000,000.00) per accident, and (3) Worker's Compensation Insurance as required by law and 4 shall provide to Lessor a certificate of insurance and an additional insured endorsement which 5 provides: 6 (a) On the Commercial General Liability policy that the City of San 7 Bernardino is named as an additional insured for the acts or omissions of Lessee. 8 9 10 11 (b) The certificates will include the insurance company name, policy number, period of coverage, and the amount of insurance. (c) That the Real Property Section of the City of San Bernardino must be 12 given notice in writing at least thirty (30) days prior to cancellation, material change, or refusal 13 to renew the policy. 14 (d) That Lessee's insurance will be primary to any coverage the City of San 15 Bernardino may have in effect. 16 17 18 19 agents, boards, officers, employees, representatives or contractors, Lessee shall defend, 11. Indemnification: Except to the extent of the negligence or willful misconduct of Lessor or its 20 indemnify, and hold harmless Lessor, its agents, boards, officers, employees, representatives, or 21 contractors against any and all claims, suits, damages for personal injury, including death, 22 property damage, demands, loss or liability of any kind or nature arising from Lessor's approval 23 of this Lease or from Lessee's operations under this Lease. 24 25 26 27 . nterest subject to property taxation, and that the Lessee may be subject to the payment of 12. TaxeslPossessorv Interest: (a) Lessee recognizes and understands that this Lease may create a possessory 28 1/03/01 7 LEASE - AT&T Wireless, Inc. 15.06-149 2001-12 1 2 any and all liability for any such taxes due by virtue of Lessee's Facilities. 3 4 property taxes levied on such interest. Lessee agrees to, and shall hold harmless, Lessor from (b) Lessor warrants that it has full right, power and authority to execute this 5 Lease. Lessor further warrants that Lessee shall have quiet enjoyment of the Premises during the 6 term of this Lease or any renewal thereof. 7 8 9 10 11 12 13. Compliance with Laws: Lessee shall not violate any applicable law of the City, State or Federal governments in conducting its operations under this Lease. 14. No Sublease or Assignment: Lessee shall not sublet the premises, or any part thereof, or assign this Lease, 13 without Lessor's prior written consent, which consent shall not be unreasonably withheld. 14 Notwithstanding the foregoing, Lessee may assign or sublet this Lease to any subsidiaries, 15 corporate affiliate or successor legal entities of Lessee, or any purchaser of all, or substantially 16 all, of Lessee's stock or assets; provided, however, within thirty (30) days of such assignment or 17 sublet, Lessee shall provide written notification to Lessor stating the name, address, contact 18 19 person and any other pertinent information regarding said corporate affiliate or purchaser. 20 15. Default: 21 Either party shall have the right to terminate this Lease, and upon the effective 22 date of such termination, Lessor shall have the right of immediate occupancy of the Premises in 23 24 25 26 27 'l\iury to the Premises. he event the other party violates any of this Lease's terms or conditions, and such violation is ot corrected within thirty (30) days after written notice is sent by the non-breaching party. Such ermination shall not relieve either party from liability for damages for breach of this Lease or for 28 1/03/01 8 LEASE - AT&T Wireless, Inc. 15.06-149 2001-12 1 2 3 16. Environmental: Lessor represents that the Premises have not been used for the generation, storage, 4 treatment or disposal of hazardous substances, hazardous materials or hazardous wastes. In 5 addition, Lessor represents that no hazardous materials, hazardous substances, hazardous wastes, 6 pollutants, asbestos, polychlorinated biphenyls (PCBs), petroleum or other fuels (including crude 7 oil or any fraction or derivative thereof) or underground storage tanks are located on or near the 8 9 10 11 Premises. Notwithstanding any other provision of this Lease, Lessee relies upon the representations stated herein as material inducement for entering into this Lease. Lessee shall not bring any hazardous materials onto the Premises except for those 12 contained in its back-up power batteries (lead-acid batteries) and common materials used in 13 telecommunications operations, e.g., cleaning solvents. Lessee shall treat all hazardous materials 14 brought onto Premises by it in accordance with all federal, state and local laws and regulations. 15 16 17 18 19 be construed as a waiver of the right to compel enforcement of such provision or provisions. 17. Amendment: (a) This Lease may be amended or modified only by written agreement signed by both parties. Failure on the part of either party to enforce any provision of this Lease shall not 20 21 22 23 24 25 26 27 28 (b) If any provision of the Lease agreement is invalid or unenforceable with espect to any party, the remainder of this Lease or the application of such provision to persons ther than those as to whom it is held invalid or unenforceable, shall not be affected and each rovision of this Lease shall be valid and enforceable to the fullest extent permitted by law. 18. Termination: This Lease may be terminated by Lessee or by Lessor, on thirty (30) days written otice as follows: (i) by either party upon a default of any covenant, condition or term hereof by 1/03/01 9 LEASE - AT&T Wireless, Inc. 15.06-149 2001-12 1 2 of default; (ii) by Lessee, if it does not obtain or maintain licenses, permits or other approvals 3 the other party, which default is not corrected within thirty (30) days of receipt of written notice 4 necessary to the construction or operation of Lessee's Facilities; or (iii) by Lessee, if Lessee is 5 unable to use the site because of economic, technological or environmental reasons or utilize the 6 Premises due to a ruling or directive of the FCC or other governmental or regulatory agency. If 7 after the Commencement Date, Lessee provides thirty (30) days written notice to Lessor of 8 termination of this Lease due to the reasons set forth in (i), (ii) or (iii), above, Lessee shall pay 9 10 11 Section 3 of this Lease as "monthly installments" which shall be due and payable from the 12 termination date as payment for such early termination. 13 19. Miscellaneous: 14 (a) This Lease shall be binding on and inure to the benefit of the successors 15 and permitted assignees of the respective parties. 16 17 18 19 Lease shall be entitled to recover from the losing party all attorneys' fees and court costs, 20 including appeals if any, in connection with that action. The costs, salary, and expenses of the 21 City Attorney and members of his office in connection with that action, shall be considered as 22 attorney's fees for the purpose of this Lease. 23 24 25 26 27 28 Lessor an amount equal to one (I) year or twelve (12) months rent at the amount stated in (b) (c) This Lease shall be governed under the laws of the State of California. The prevailing party in any legal action to enforce any provision of this (d) Upon request, either party may require that a Memorandum of Lease be ecorded in the form of Exhibit "I". (e) This Lease constitutes the entire Lease and understanding between the arties and supersedes all offers, negotiations and other leases concerning the subject matter 1/03/01 10 LEASE - AT&T Wireless, Inc. 15.06-149 2001-12 1 2 herein. Any amendments to this Lease must be in writing and executed by both parties. 3 4 contained herein. There are no representations or understandings of any kind not set forth 20. Interference with Communications: 5 Lessee's Facilities shall not disturb the communications configurations, 6 equipment and frequency which exist on Lessor's property on the Commencement Date ("Pre- 7 existing Communications"), and Lessee's Facilities shall comply with all non-interference rules 8 of the Federal Communications Commission ("FCC") and the conditions set forth in 9 10 11 permit the use of any portion of Lessor's property in a way that interferes with the Development Permit I 00-116, regarding the City's public safety transmissions. Lessor shall not 12 communications operations of Lessee described in Section 4, above. Such interference with 13 Lessee's communications operations shall be deemed a material breach by Lessor, and Lessor 21. Title and Ouiet Eniovment: (a) Lessor warrants that it has full right, power and authority to execute this ease; Lessor further warrants that Lessee shall have quiet enjoyment of the Premises during the erm of this Lease or any renewal term. (b) Lessee shall have the right at any time up to the full execution of this ease, and prior to the Commencement Date to obtain a preliminary title report or commitment 1/03/0 I 11 LEASE - AT&T Wireless, Inc. 15.06-149 2001-12 1 2 Lessee, such title report shows any defects of title or any liens or encumbrances which may 3 for a leasehold title policy from a title insurance company of its choice. If, in the opinion of 4 adversely affect Lessee's use of the Premises, Lessee shall have the right to terminate this Lease 5 (prior to the Commencement Date), immediately upon written notice to Lessor. 6 22. Notices: 7 8 person or sent by overnight carrier or certified mail, postage prepaid, addressed as follows: All notices given in connection with this Lease shall be in writing and delivered in 9 10 11 12 13 14 15 16 17 18 19 20 23. 21 22 23 II 24 25 26 27 28 1/03/0 I LESSOR City of San Bernardino Development Services Department Real Property Section 300 North "D" Street San Bernardino, CA 92418 With a copy to: With a copy to: Covenants: LESSEE AT&T Wireless Services, Inc. 12900 Park Plaza Drive Cerritos, CA 90703-8573 Attn: Real Estate Department AT&T Wireless Services P.O. Box 6028 Cerritos, CA 90702-6028 Attn: Daniel E. Smith Corporate Counsel AT&T Digital Broadband 14520 NE 87th Street Redmond, W A 89052 Attn: Manager, National Site Development There are no covenants or warranties other than those expressed in this Lease. 12 LEASE - AT&T Wireless, Inc. 15.06-149 1 2001-12 IN WITNESS WHEREOF, the parties have executed this Lease on the day and year set 2 forth at the beginning of this Lease. 3 4 5 6 7 8 9 10 ATTEST: 11 12 R~t:tl~r~ 13 14 15 16 17 18 19 20 21 Approved as to form nd legal content 22 23 24 25 26 27 28 AMES F. PENMAN, ity Attorney 1 ! y: J 1/03/01 13 CITY OF SAN BERNARDINO, a Municipal corporation , Mayor Serl/~Le> ~T AT&T Wireless, Inc., '~l}=miOO By: .'),.f"S,J ~,w4: vJ"-"'- V 1> - ~ ,"" j;,tv. By: LEASE - AT&T Wireless, Inc. 15.06-149 2001-12 Legal Description for lease of City owned property located at Delmann Heights Park in the City of San Bernardino (APN: 0268-442-23) All that portion of the West one half of Section 29, Township 1 North, Range 4 West, San Bernardino Meridian in the City of San Bernardino, County of San Bernardino, State of California, according to the official plat thereof, lying within Lot 38 of Muscupiabe Rancho, as per map recorded in Book I, page 7 of Maps and in Book 7, page 23, in the office of the County Recorder of said County, described as follows: Beginning at the Northwest comer of Lot 32 of Tract No. 4000, Delmann Heights Unit No.2, as per plat thereof recorded in Book 52 of Maps, page 84, in the office of the County Recorder of said County, along the Northerly line of said Lot 32, a distance of 42.00 feet; thence leaving said Northerly line North 000 23' 08" West, a distance of 40.50 feet; thence South 890 36' 52" West, a distance of 42.00 feet to the Easterly line of Lot 18 of said Tract No. 4000; thence along said Easterly line, South 000 23' 08" East, a distance of 40.50 feet to the Point of Beginning. EXHIBIT "I-A" ('~p-! 2001-12 1 MEMORANDUM OF LEASE 2 THIS MEMORANDUM OF LEASE ("Memorandum") is executed as of the It. n/ 3 day of January , 20 01 , by and between THE CITY OF SAN 4 BERNARDINO, a municipal corporation ("Lessor"), and AT&T Wireless, Inc., a Delaware 5 6 corporation, hereinafter referred to as "Lessee". MEMORANDUM OF LEASE: AT&T WIRELESS, INC. 1 3. Lease Controllinl!: This Memorandum is solely for the purpose of giving 2 constructive notice of the Lease. In the event of conflict between the terms of the Lease and 3 this Memorandum, the terms of the Lease shall control. 4 5 6 Lease as of the date and year first written above. IN WITNESS WHEREOF, Lessor and Lessee have executed this Memorandum of 7 8 9 10 11 12 ATTEST: 13 CITY OF SAN BERNARDINO, a Municipal corporation ,'-')/ ~~ /, I/. t LJL-~ J iib alles, Mayor (i , / 14 .).U~ b. CL, J~ 15 Ra~lark, City Clerk 16 17 18 19 20 21 AT&T Wireless, Inc., a Delaware corporation By: 22 Approved to form and legal content: 23 24 ames F. Penman, ity Attorney 25 26 27 y: 28 \ ,~ .'...'. ~. ) .' 1.,..... 2 Legal Description for lease of City owned property located at Delmann Heights Park in the City of San Bernardino (APN: 0268-442-23) All that portion of the West one half of Section 29, Township I North, Range 4 West, San Bernardino Meridian in the City of San Bernardino, County of San Bernardino, State of California, according to the official plat thereof, lying within Lot 38 of Muscupiabe Rancho, as per map recorded in Book I, page 7 of Maps and in Book 7, page 23, in the office of the County Recorder of said County, described as follows: Beginning at the Northwest corner of Lot 32 of Tract No. 4000, Delmann Heights Unit No.2, as per plat thereof recorded in Book 52 of Maps, page 84, in the office of the County Recorder of said County, along the Northerly line of said Lot 32, a distance of 42.00 feet; thence leaving said Northerly line North 000 23' 08" West, a distance of 40.50 feet; thence South 890 36' 52" West, a distance of 42.00 feet to the Easterly line of Lot 18 of said Tract No. 4000; thence along said Easterly line, South 000 23' 08" East, a distance of 40.50 feet to the Point of Beginning. EXHIBIT "I-A"