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August 6, 1991
0 0 A G E N D A ARCADIA CITY COUNCIL AUGUST 6, 1991 7:30 P.M. INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL: Council Members Ciraulo, Fasching, Harbicht, Young and Gilb MINUTES of the adjourned and regular meetings of July 16, 1991 MOTION: Read all ordinances and resolutions by title only and waive reading in full. 1. PUBLIC HEARING Confirmation of weed abatement charges as prepared and posted by the Los Angeles County Agricultural Commissioner. 2. Presentation by Joe Moriarity for the Arcadia Unified School District Facilities Task Force 3. Time reserved for those in the audience who wish to address the City Council (five- minute time limit per person). 4. RECESS CITY COUNCIL 5. MEETING OF THE ARCADIA REDEVELOPMENT AGENCY a. ROLL CALL: Agency Members Ciraulo, Fasching, Harbicht, Young and Gilb b. MINUTES of the meeting of July 16, 1991 C. Request to purchase 153 E. Wheeler Avenue (Cotten). ACTION AGENDA 8/6/91 5. MEETING OF THE ARA (continued) ACTION d. Request for approval of Extension and Modifica- tion Agreement (Stanley W. Gribble). e. Request to approve Second Assignment and Amendment Agreement (Emkay Disposition and Development Agreement) Northside Project, Parcel D. f. Request to partially repay City loans, re- borrow same, and extend the term of the Agency's total indebtedness to the City for FY 1992. g. ADJOURN to 7:00 p.m., August 20, 1991 6. RECONVENE CITY COUNCIL 7. CONSENT ITEMS .a. Consideration of an appeal of the Planning Commission's denial of CUP 91 -008, for a billiard club at 320 -326 E. Huntington Drive (Pool Pockets, Inc., appellant - PUBLIC HEARING TO BE SCHEDULED). b. Consideration of Final Map 48724 for a residen- tial planned development which will create 40 residential lots and 4 common area lots at 702 -822 N. First Avenue and 105 -119 Haven Avenue (L & D Engineering, on behalf of John E. Plount, owner and developer of the site). C. Recommendation for final acceptance of the City of Arcadia Community Center /Recreation Depart- ment Offices. d. Request to approve release of easement to Arcadia Redevelopment Agency - northwest corner First Avenue /St. Joseph Street (Marshall Trust). e. Request to roll -over and extend term of out- standing Agency debt to the City for FY 1992. f. Recommendation to approve agreement between City of Arcadia and City of Sierra Madre for con- struction of metal beam guardrail on Santa Anita Canyon Road. -2- AGENDA 8/6/91 * i 7. CONSENT ITEMS (continued) ACTION g. Recommendation to grant an easement to the Southern California Edison Company for the installation of facilities at 5715 N. Peck Road. h. Recommendation to improve the transition area on southbound First Avenue between Wheeler Avenue and Huntington Drive. i. Report and recommendation for the purchase of vehicle for Planning Director. j. Consideration of City Council meeting date change. k. Ratification of Settlement - Kay Kramer. 1. Recommendation for the purchase of additional earthquake tools and supplies. 8. CITY ATTORNEY a. ORDINANCE NO. 1939 - For Adoption - Adding a Chapter 9.4 (4940 et seq.) to the Arcadia Muni- cipal Code relating to storage and sale requirements of aerosol spray paint and dye containers by any business or establishment offering said containers for sale to the pub- lic. b. ORDINANCE NO. 1942 - For Introduction - Adding Chapter 9 to Article III of the Arcadia Municipal Code regarding the regulation of Alarm Systems. Continued to 8/20/91 C. ORDINANCE NO. 1947 - For Introduction - Approving Zone Change Z -91 -004, removing the "H" high rise overlay from certain C -2H and C -0 DH zoned properties located in West Arcadia (per the attached exhibit). d. ORDINANCE NO. 1948 - For Introduction - Approving Zone Change Z -91 -005, changing the existing zoning of C -2 H and C -0 DH to C -2 H4 and C -0 DIi8 for certain properties located in West Arcadia. -3- AGENDA 8/6/91 8. CITY ATTORNEY (continued) ACTION e. RESOLUTION NO. 5608, providing for fringe benefits and related compensation for Officers and Management and General Employees of the City of Arcadia (continued from 7/16/91). f. RESOLUTION NO. 5611, establishing an appropria- tions limit for the Fiscal Year 1991 -92 pursuant to Article XIIIB of the California Constitu- tion. g. RESOLUTION NO. 5612, fixing the amount of revenue required to be raised from property taxes necessary for FY 1991 -92 to pay indebtedness of the City or districts. h. Claim of C.G. and L. Quinn 9. MATTERS FROM STAFF 10. MATTERS FROM ELECTED OFFICIALS 11. ADJOURN to 7:00 p.m., August 20, 1991, in memory of Heather Hunter -4- AGENDA 8/6/91 A TO: FROM: M City Council Memoltan m James S. Dale, Finance Director D �5 -5-d -7S August 1, 1991 Date -------- - - - - -- -- -- SUBj T: Resolution Setting Tax Revenues for FY 1991 -92 Resolution No. 5612 sets the revenues necessary in FY 1991 -92 to cover the indebtedness of the various Arcadia Consolidated Lighting Districts and Arcadia Vehicle Parking Districts. A separate schedule has been attached to provide expanded detail of assessed valuations, beginning balances, estimated expenditures and tax rates for FY 1991 -92 in the areas referenced above. Also attached is a report from public works establishing the annual operating cost of the lighting districts. - RECOMMENDATION: That Council approve Resolution No. 5611, fixing the amount of revenue required to be raised from property taxes necessary for the 1991 -92 fiscal year. Approved: JSD:mlp U. wazzs Manager LASER IMAGED 155 LIGHTING DISTRICTS 5,866) �,We *ad 1991 -92 Estimated Balance Assessed Available Estimated Tax Rates 7 -01 -91 Zone A ($ 11655) Zone B 14,069 Zone C (14,834) Zone D ( 232) Zone E 3,214) 5,866) �,We *ad 1991 -92 Estimated Assessed Tax Estimated Tax Rates Valuations Revenues Expenditures 1991 -1992 $107,266,700 $ 29,000 $ 26,000 .027035 583,386,342 66,100 77,000 .011330 113,552,039 44,500 27,500 .039189 130,751,701 19,150 18,000 .014646 108,796,731 24,900 20,500 .022887 (1) 183 650 169 000 (1) 5% Allowance for delinquent taxes is included in tax rates to help insure districts do not maintain a positive balance. VEHICLE PARKING DISTRICTS NO. 1 NO. 2 1991 -92 Assessed valuation Operating and Improvements $5,361,027 Tax Rate 1991 -92 .1000 Estimated Tax Revenues $5,361 Operating and Improvements 18,304,848 .1000 18,305 LASER I�AAGIED 15 n cm August 6, 1991 TO: GEORGE J. WATTS FROM: JOSEPH R. LOPEZ CITY MANAGER DIRECTOR OF PUBLIC WORKS SUBJECT: REPORT ON ANNUAL ESTIMATE OF COSTS OF OPERATING THE ARCADIA CONSOLIDATED LIGHTING DISTRICT This report is submitted pursuant to the provisions of Section 18164 of the Streets and Highways Code for the purpose of levying assessments against the various zones in the District. The estimated cost of operating each zone during the 1991 -92 fiscal year, including power and maintenance, is as follows: Zone A - An Edison -owned system of 316 sodium vapor lamps in commercial areas. This street lighting was installed at no cost to the property owners, and the property owners agreed to pay 60% of the cost of operation and City pays the remaining 40 %. Power costs including maintenance 60% Charge to Zone A ,23 . 25,938.43 Zone B - An Edison -owned system of 1,598 sodium vapor and incandescent lamps in residential areas. System installed by Edison Company, and property owners pay 50% of the cost of operation and the City pays the remaining 50 %. Power costs including maintenance 50% Charge to Zone B 76,706.52 Zone C - A City -owned and maintained system of 348 mercury and sodium vapor lamps in commercial areas. City installed system at no cost to property owners, and property owners agreed to pay 100% of the cost of operations. Power Costs $ 23,597.64 Estimated Maintenance Cost S 3.635.19 Total Cost $ 27 232.83 100% Charge to Zone C ,232. Zone D - A City -owned and maintained system of 360 lamps of various types in residential areas. Property owners paid basic cost of installation and, by agreement, property owners pay 50% of the cost of operation and the City pays the remaining 50 %. Power Costs $ 30,130.92 Estimated Maintenance Cost S 5.737.31 Total Cost $ 35,868.23 50% Charge to Zone D aj2,934. I A.",'TR 1 � I A G E D 157 M E5 Zone E - A City -owned and maintained system of 274 mercury and sodium vapor lamps in residential areas. Property owners paid 25% of the cost of installation, with the City paying the remaining 75%. Property owners agreed to pay 100% of the cost of operation. Power Costs Estimated Maintenance Cost Total Cost 100% Charge to Zone E $ 9,498.24 S 10.871.90 $ 20,370.14 $ 20,370.14 GRAND TOTAL $280,114.96 TOTAL COST TO DISTRICT $168.182.03 COST TO CITY $111,932.93 These estimates are calculated at projected rates for both power and maintenance. Should either the maintenance rates or energy costs result in expenses exceeding the above noted estimates, the shortfall will be added to next year's estimated costs. APPROVED: a CITY MANA ER JRL:DAL:mlo I-ASMR IMAGED 153 0 V L r� • MEMORANDUM Date: August 6, 1991 TO: ARCADIA CITY COUNCIL FROM: JUNE ALFORD, CITY CLERK SUBJECT: 1990 -91 WEED ABATEMENT CHARGE LIST - PUBLIC HEARING The Los Angeles County Agricultural Commissioner has submitted the attached list of charges in connection with the cost of abating weeds on each separate lot or parcel of land as listed. The addresses have been inserted. The list has been posted as required and is now before you to hear any objections to the charges. If an objection is lodged, you may want to have the matter investigated by the Fire Department, or overrule the objection and the following minute motion would be in order. RECOMMENDATION: MOVE TO CONFIRM THE LIST AS SUBMITTED AND DIRECT THAT THE COUNTY AUDITOR BE INSTRUCTED TO ENTER THE AMOUNTS OF THE ASSESSMENTS AGAINST THE RESPECTIVE PARCELS OF LAND AS THEY APPEAR ON THE CURRENT ASSESSMENT ROLL. LASER IMAGED 5 -O W 16 ♦ M lag 1 cmm o►AW&ANN MG6S WEED ABATEMENT CHARGES BY WEED KEY 07MM PAGE 3 NEED PAPBOOK PAGE PARCEL ZONE CITY TOTAL KEV CQDE CHARGES 7 5383 002 026 02 035 25.29 9735 Naomi Ave. Temple City/ or County 7 576S 002 032 02 03S 193996 Santa Anita Canyon Rd. Martin William 7 S76S 002 033 02 035 25.27 Santa Anita Canyon Rd. Marguerite Liliano 7 5765 Gil D11 OZ 03S 175.32 Highland Vista Drive Robert E. Brown 7 SUS 030 OZD 112 1175 2-gan Highland Vista Drive Helen F. Vida 7 5772 006 030 02 03S 25.29 723 N. 1st Street Inter. Church/ Foursquare 7 5773 008 006 02 03S 4S3.16 ✓ Santa Clara Street Chandler Invest. Properties 7 S77J 014 033 Goldring 03S 370.38 15_1 Alta St_ Amir Zahir/ Youssef Younaei ? 5773 037 _ 0411 _112 0'2 03S 2S•21 138 E. Alta Street Kardashian Enterprises 7 S773 037 045 02 035 25.29 138 E. Alta Street Randolph ,'? 3773 0167 011L. 112 13-13 25e29 138 E. Alta Street 033 7 5773 037 047 02 03S 25.29 138 E. Alta Street 039 ,'7 S773 037 048 02 03S 25.29 138 E. Alta Street 8532 7 S 73 037 043 04 03S 2 S.29 138 E. Alta Street 7 (;) S773 037 050 02 03S 25.29 138 E. Alta Street Road 7 5773 03? OS1 OZ 035 2S•21 138 E. Alta Street 332.51 ? S77S 025 023 02 035 366.21 Santa Clara Street Ellsworth Dahlgren 7 5777 C26 022 02 03S 277.26 San Luis Rey Road Maier Brewing Co. 7 5777 U24 033 02 03S 25.29 801 W. Huntington Dr. Soterios Bicos 7 5777 036 002 02 035 207.SS 1045 W. Huntington Dr. Maier Brewing Co. 576% 020 alit 02 03 w 201.89 Le Roy Avenue George P. Kolovos 7 S ?8S 002 067 01 03S 2S•29 Winnie Way Albert 0./ Douglas R. Knutsen 7 S7810 014 013 02 U-15 25.29 Woodruff or Briar Gate Lane - Louis Nassaney 7 5789 023 019 02 03S 2S•29 El Capitan Avenue Honda America Development 7 SS32 C35 003 02 03S 176.33 12009 E. Clark St. Gifford Hill Cem. Company 7 8S32 036 003 02 03S 426.S3 Clark Street Livingston•Graham Inc. 532 036 003 02 03S 240.77 Clark Street Livingston Graham Inc. 7 8139 036 003 08 035 331.96 Clark Street Gifford Hill Cement Compan 7__ 8532 016 002 02 0 S U2013e 11826 The Wye Micro -Tek Assoc., Inc. 7 6532 016 033 02 03S 832.00 11911 Goldring Road Julia P. Contreras 7 8532 Cl? 004 02 133S 386005 Clark Street San Gabriel Valley Water Com. 7 '-' 8S32 017 001 02 03S 282.34 La Salle Street Consolidated Rock Prod. 9 A" 033C ub t UAS uC us* Iub•ul La Salle Street Ricardo/ Inez Contreras 7 10532 as? 038 02 035 144.111 La Salle Street Xavier Contreras •512 017 041 OZ 1135 321•'11 Goldring Road Xavier /Guadalupe Contreras 7 7 6532 017 OS6 02 03S 2SO29 Goldring Road 7 --T 6532 037 OS7 .02 03S 25.29 Goldring Road 5532 DIS UO3 UP. U35 • La Salle Street Kardashian Enterprises 7 M 6532 016 1131 02 033 166.05 Randolph Street Kardashian Enterprises 7 C7 6532 0310 0" _ ___ OR 033 LAL*117 Randolph Street Xavier Contreras 7 8532 018 039 02 03S 623.18 Randolph Street Xavier Contreras 7 8532 C16 023 02 03S 699015 Goldring Rd. & Kardashian Ave. - Wang Company 7 (;) 8S32 019 024 02 03S 247.53 Goldring Road Anthony & Paula Zoccoli 0141 Us 02 03S 332.51 Randolph Street Anthony & Paula Zoccoli P66S NEED ADATEPENT CHARGES BY WEED KEY 07/10/91 PAGE WEED PAPBOOK PAGE PARCEL ZONE CITY TOTAL. KEY CGUE CHA SES 7 SS32 0f9 026 02 03S 138.46 Goldring Road Anthony & Paula Zoccoli $532 014 027 132 035 126ess Randolph Street Anthony & Paula Zoccoli 7 8532 019 026 02 035 4160.94 Goldring Road Robert & Marliss Myers 7 8532 039 024 02 035 332• S3 Randolph Street Robert & Marliss Myers Lower Azusa Road E.O. Rodeffer 7 654S (124 005 02 03S 780.88 Lower Azusa Roa E.O. Rodeffer TOTAL PARCELS S1/TOTAL CHARGES = 119OS9.83 3 .1) —4 TO: FROM: SUBJECT: 0 Z emotanalum Y. Date: July 31, 1991 HONORABLE MAYOR AND CITY COUNCIL MICHAEL H. MILLER, CITY ATTORNEY AGENDA ITEM 8B - FALSE ALARM ORDINANCE Attached is the latest summary and version of subject ordinance. Staff requests that the item be continued to the meeting of August 20, 1991 in order for the Police Chief to be present, and for the inclusion of some additional revisions as a result of a meeting with the Chamber of Commerce. RECOMMENDED ACTION: Continue introduction of Ordinance No. 1942 to August 20, 1991. Attachment c: City Manager Fire Chief Police Chief Q! i 0 LASER IMAGED 1 �; � Mem, o taudum Date: June 25. 1991 TO: GEORGE J. WATTS, CITY MANAGER NEAL R. JOHNSON, POLICE CHIEF GERALD GARDNER, FIRE CHIEF FROM: MICHAEL H. MILLER, CITY ATTORNEY��� SUWZCT: FALSE ALARM ORDINANCE - REVISIONS I believe the attached reflects Council's direction at the last meeting. Please review and comment. �- .. �• emu- - - �- •� � � -�•- ._ tl - 1. The definition of False Alarm (Section 3901(7)) has been expanded. It excludes alarms triggered on "reasonable belief" that the alarm is necessary. Alarms attributable to repairs, servicing etc. are excluded if the appropriate City official has been given notice. The exclusion of alarms caused by so- called "acts of God" has been moved from the section on assessments to the definition section. 2. All of the sections dealing with Alarm Business Registration have been deleted. 3. In lieu of an Alarm Users Permits, a section requiring the filing of an Emergency Notification Card is included. (Section 3902) 4. The sections dealing with Alarm System Regulations (Standards) is left intact with the clarification that new systems (i.e. those installed after the effective date of the Ordinance) must comply, and those in active use as of the effective date, have one (1) year from said date to comply. 5. Section 3907 pertaining to the money assessments has been revised to reflect an assessment of $50.00 for both the fourth and fifth false alarm, and $100.00 for those beyond five (5). 6. Section 3907(4) prescribing a $200.00 assessment for the second and subsequent "robbery" false alarms has been clarified by including the definition of robbery and excluding "panic" alarms. 7. Related to #3 above, there are no permit fees or provisions relating to suspended or revoked permits in the revised Ordinance. �- 1 V 8. Per discussion with the Fire Chief it is recommended that a provision authorizing "deactivation" of an alarm system be included in the Ordinance to address the system that has seven (7) or more false alarms in a 365 day period. In this regard, see Section 3908. I believe minimal due process is required for "deactivation" hence a review process is set forth in that section. A "deactivation system" can be reinstated per Section 3908.1. 9. The penalty provision (Section 3909) makes violation of the Ordinance a misdemeanor. This includes non - compliance with a deactivation order. Section 3909 also provides for enforcement by civil means including an action to collect the cost assessments as a debt to the City. LASER IMAGED 122 1. TO: 9p -Z Pi August 6, 1991 GEORGE J. WATTS FROM: JOSEPH R. LOPEZ CITY MANAGER DIRECTOR OF PUBLIC WORKS SUBJECT: RECOMMENDATION TO IMPROVE THE TRANSITION AREA ON SOUTHBOUND FIRST AVENUE BETWEEN WHEELER AVENUE AND HUNTINGTON DRIVE In accordance with the City Council's request, staff inspected the subject transition to determine if there were conflicts when vehicles merge and if the merging could be made easier to negotiate. The existing transition begins about 74' south of the Wheeler Avenue intersection, is approximately 110 feet long and eliminates the #1 lane by reducing the lane width by 7 feet to protect the left -turn bay as shown on Attachment 1. There is adequate warning of the lane drop through a warning sign 100 feet before the Wheeler Avenue intersection, a warning sign just before the beginning of the transition, and painted arrows on the pavement indicating the direction to merge. To date, no accidents have been reported at this location. However, several individuals have observed conflicts and have expressed concern. It appears that most conflicts occur when vehicles are parked in the three (3) parking spaces just north of the alley within the transition area. The merging of traffic could be made easier and safer by eliminating these three (3) parking spaces as shown on Attachment 2. The businesses in the area have no objections. Recommendation It is recommended that the City Council authorize the elimination of the three (3) parking spaces on Southbound First Avenue just north of the alley between Wheeler Avenue and Huntington Drive to improve the transition area. APPROVED: c ,IE"J7. WATTS CIT MANAGER JRL:mlo Attachments LASER IMAGED 7- 93 Ave. ����y ow I It I L r Attachment I LASER I IMAGED 93 1-4 1 1 1.4 - 41, L11 JI L iz Ll I� L r Attachment I LASER I IMAGED 93 1-4 1 1 1.4 - 41, 4Jhee l�r Ave. 1¢ a.. / / / I 1 — N 1 LZ z I I z ii /r I r L r k- r' L r L I r '' .' _..._._..__ Attachment 2 LASER IMAGED f� Tnemotandum AU G 6 1991 COUNCIL L 4ouss9' Date: Au4ust 6. 1991 TO: George J. Watts, City Manager FROM: Joseph R. Lopez, Director of Public Work SUBJECT: Properties Affected by The Water Main (12 ") Break on The Site of The Baldwin Reservoirs Following is a list of the subject properties and the approximate cost of repair work: 1457 Oaklawn (erosion and sand in yard) $2,485 1427 Oaklawn (erosion and sand) sand in yard) $ 375 *1421 Oaklawn (guest house flooded and sand in yard) $6,828 1225 Oaklawn (retaining wall and fence damaged) $1,250 1215 Oaklawn (mud in pool and in yard) $ 655 1201 Oaklawn (mud in pool and in yard) $ 950 * *629 Gloria (erosion and debris) $1,200 611 Gloria (erosion and sand in yard) $ 400 565 Gloria (mud in pool) $ 300 549 Gloria (mud in pool and in yard) $ 410 501 Gloria (erosion and sand in yard) $ 500 *Questionable claim * *Staff informed of this on 8/5/91 JRL:kb LASER IMAGED ix • /T sr Jos X61 k rt �� ennotanJum r, Date ______§./..§/91 TO: Arcadia City Council FROM: 0>•Joyce Friedmann, Economic Development Assistant SUBJECT: Request to Approve Release QQf Easement to Arcadia Redevelopment Agency - .g—kti(west Corner First Avenue/St. Joseph Street (Marshall Trust) The Arcadia Redeveloggla Agency is in the process of acquiri g the property at the west corner of First Avenue and St. Joseph Street from the Marshall Trust (see Location Map, Attachment 1) . The Agency has reached agreement over the acquisition price and staff are working with the Trust's representatives on the details of the purchase agreement. According the Agency's title company (Chicago Title) , the Cit ; of Arcadia currently has an easement over the property.. This easement was originally granted in 1922 by previous owners of the City-owned property at 219 N. First Avenue to provide access ro previous owners of the Marshall Trust property (see Attachmen. 1) . Since the City does not need the easement to access its property and the Agency wants to purchase the Marshall Trust property without any title restrictions, Chicago Title suggests that the City release the easement (by Quitclaim) to the Agency. The Public Works Department has no objection to such a releas- The Quitclaim Deed (Attachment 2) has been reviewed by Agency Special Counsel, the City Attorney and by the Public Works Department. Recommendation That the City ofs.A adia Quitclaim its easement over the property located at the est corner of First Avenue and St. Joseph Street to the Arc. • ia Redevelopment Agency, and authorize the City Manager to • j to the Quitclaim. . e J�/ Approved: ✓/ ity Manager - Attachments /71 LASER IMAGED 83 i i LOCATION MAP . r, 3 LA POR iE I ST 1 .,.a ©its/'. RI SO ., se is- 4. Briar �'P,',11 j. 30 Maio. /018 i� ee tli 0 Q q 2 71 26� � �� • �`% 11,474. h T /e 25 24 23 22 . 21 l'®20 19 — i H Z Y% ••, 8 l(0~ f .ro /6 /3 /4 /� Fc316 L ti BK. Q 29 12 4 K:-./rt j r s0 :+ ""iuso w� `s 'Q s a . f 80 A 1775 '�, O O y O !• /4143 A Z M ® "' V s k ^ 71, 0- O ti Q ^ axtaAr + I% 7 t 8 9 10 11 12 "ply y N Z wins* ...ow i J noa h 4 WA) $ ✓� !;�14 h I- .c g °Q�, S Pe.. n ■ 1` N, fi/aa ;1 w) 4 1`J $ 4 M ..; 13 /q .o- KO JO fOI • aM A • . a Pa'' Amoy .It=3l1 e ST. JOSEPH • . I N • • ST.a : MO lal r/ /36.60 IS i•i.i Je av F '!/.F�..19•J /sl.so P.. �� o° �� 18 78 1, � W!n Vi e T.Q 27�3 b J Otis. 17T / �171n 'S • „a� '. • • 26 h 25 24 r 23 ,� 22.o • • se a (7°:70 --- l ,�® ��= S. 'r \ C01 RT, 13;4.460'"o �s ce / !so --�'�'i � 21, . �22.4,.•5;,43.. 1 it 13 .� ec ti 3 /3 h ralvo1 O © O;• v rzzoa f 12 tS - 4' / 5 6 1 7'.. , ,,__4_, _„115, '.ioo ti 2 O b 78 8 c 1 *o . t. '1 t eo BK.' /s1,so '8 ✓'8 1/22` 9 o c 10 • ST 1° ` _• '�77g •N no t:N re �. pi.e9 h • r/ /g v I 1 1 R /36.60 !o r 1 . • .. N JO n.1, Ye �C\l�lR.15 i \ $ SANTA C1.ARA L ---- — — — — ST. t-'m os _ . t�F _ -7 - -. ,, _ S° .!! !0 J- !r 27&10 • N�d' • • 1, r IN l r •acre.+v jNj !R r •t % i so . • s'asse'' 28 27 ` o • ' 26 25 24 23 • 2 • � • n r, n �.I1 • LEGEND • .. ...... Marshall Trust Property •• 1 City-owned Property LASER • • IMAGED ^ Cit owned Easement 8-d a'� �.i; y— ATTAC MENT 1 9 d • 1'1 RECORDING REQUESTED BY and when recorded mail to: Arcadia Redevelopment Agency 240 W. Huntington Drive Arcadia, CA 91007 Attn: Joyce Friedmann The Documentary Tax is $0 since this is an exempt transaction under Government Code Section 6103 QUITCLAIM DEED - RELEASE OF EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF ARCADIA, A MUNICIPAL CORPORATION OF THE STATE OF CALIFO' IA A CORPORATION ORGANIZED UNDER THE LAWS OF THE STATE OF CALIFO' IA Hereby REMISES, RELEASES AND FOREVER QUITCLAIMS to (94 It• ARCADIA REDEVELOPMENT AGENCY, A PUBLIC BODY, CORPORATE AND POLITIC OF THE STATE OF CALIFORNIA 9 Any interest it may have in that certain real property locate. in F? `� the City of Arcadia, County of Los Angeles, State of California ` U Described as follows: 7 0 THE EAST 15 FEET OF THE WEST 30 FEET OF LOTS 15 AND 16 IN BLOC , 78 OF "A PART OF THE ARCADIA SANTA ANITA TRACT", IN THE CITY OF u ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP n RECORDED IN BOOK 15 PAGES 89 AND 90 OF MISCELLANEOUS RECORDS, IN ° THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. This QUITCLAIM DEED is given specifically to release the ease ent granted by that certain Grant of Easement for ingress and eg ess dated January 12 , 1922 , from Frank McCoy and Flora J. Mcsoy, husband and wife, recorded March 3 , 1922 in Book 917, Page 165, Official Records, in the Office of the Recorder of the County of Los Angeles, State of California. GEORGE J. WATTS CITY MANAGER LASER I1 ENT ap G5 dt tunvL/ o — SV- ,--4-4.,,,44/rf %rq.2S frS j July 29, 1991 Date _ _ TO: Governing Board, Arcadia Redevelopment Agency • FROM: James S. Dale, Finance Director -] SUBJECT: Request to Partially Repay City Loans, Re-loan Same and Extend the Term of the Agency's total Indebtedness to the City for Fiscal Year 1991-1992 (See Agenda Item 7e) The Arcadia Redevelopment Agency Tax Increment Fund exists for the re-payment of interest and principal on long term debt. The source of funds for these payments is tax increment revenue and each year at June 30, the agency repays the City any loans outstanding between the City and the Agency to the extent that funds are available in the tax increment fund. The annual repayment of existing debt between the Agency and the City is recorded in order to utilize tax increment funds -for their intended use and to -formally recognize and document the loans between the City and Agency annually. The tax increment fund at June 30, 1991 has an. estimated cash balance of $1,792,329. 65. It is recommended that the Agency Board take formal action to remit these monies to the City in partial payment of existing loans and for the City to re-loan these funds to the Arcadia Redevelopment Agency Project Fund for the Agency to use to further pay expenses and acquire property according to the directives of the Agency Board. In addition, the Agency and the City should roll-over or extend the repayment of the balance of all remaining loans to June 30, 1992 . Following is a summary of the loans outstanding at June 30, 1991 and the estimated cash balance available for loan repayment: Outstanding Loans from City to Agency at 6-30-91 $6,911,370. 69 Less: Estimated Cash Balance in Tax Increment Fund 6-30-91 _ 1,792 ,329. 65 $5, 119, 041. 04 RECOMMENDATION: It is recommended that the Agency pay $1,792, 329. 65 of loans outstanding at June 30, 1991, to the City of Arcadia and that the Agency re-borrow $1,792,329. 65 and deposit such amount in the Agency Project Fund. In addition, the Agency accept an extension for the re-payment of the remaining outstanding debt of _ $5, 119, 041. 04. All lo-ns tethe City to be due and payable on June • 30, 1992 . - . /• / g:: . ; Approved: Al, f--..• , , .w Ge•rge . . atts p1�+ �� Executive Director LASER IMAGED C G3OVIAll 83QW 1 aebeue A4T0 sq;eM • ► ebane- - - :peAo.zddd • Z66t '0£ aunt uo at• -A- ` pue enp eq o; Aouaby 9ug-: sueot ITV '170 'T W 611 '9$ ;o ;gap butpuggsgno buTUTeuzaa au; uo ;uaUZAEd-ea au; pua;xa A 4T3 au; 'uo-pTppE uI *puns goeCoad Aouabg 91.1; O . 59 '6Z£ 'Z6L'T$ 91.14 uPoT-aa 11;T, au; ;gu; pue '1661 'OE aunr uo Aouebg quaUZdotanapag eTpeoaW auq 1.14TA buTpue;s;no su2oT uo 59 '6Z£'Z6L'1$ ;o ;uaUZAed ;daooe A;TO auq ;Eug papuaunuooaa ST ;I :xomiaxm000au 170 '1170 '611'5$ S9'6Z£ ' Z6L 'T 16-0£-9 Puns quaUZaaoul 'my uT 9oueleg tSe3 pa42UZT 4sa :ssaZ 69'0L£ 'TT6'9$ 16-0£-9 qe Aoueb'I og A4T0 UZOa; sueor buTpue;s;np :quautAEda.z ueol aoj eTgvuEne aouuTeq TSEO pa;EUIT;sa au; pup T661 'OE aunr ;e buTpusgs;no sugot stn. 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Connors Economic Development Associate SUBJECT: Request to Approve Second Assignment and Amendment Agreement (Emkay Disposition and Development Agreement) - Northside Project, Parcel D Attached is .a proposed Second Assignment and Amendment Agreement (the "Agreement") to the Emkay Disposition and Development Agreement (Northside Project) : This Agreement has become necessary because Chandler Investment Properties, L.P. ("Chandler") has entered into a joint venture development partnership with ASL Ventures, Inc. ("ASL") for construction of an office building on the western half (Parcel 1) of Parcel D (Location Map, Attachment No. 2) . ASL is a civil engineering firm headquartered in Arcadia, with 5 other offices in Southern California. ASL plans to move into their new office building on Parcel 1 upon completion. The Agreement. substitutes the Chandler/ASL Partnership for Chandler Investment Properties, L.P. for development on Parcel 1 of Parcel D only and extends the development schedules for Parcels 1 and 2 of Parcel D to June 30, 1992 and December 31, 1992 respectively. Chandler Investment Properties, L. P. will remain the responsible developer for Parcel 2 . Agency and City staff have reviewed financial information provided by ASL and believe that ASL, in combination with Chandler (an experienced and proven' developer) , 'has the ability to perform under the Agreement. The Agreement also provides that the Agency will receive compensation as a result of the anticipated delays in construction and build-out. Chandler shall be required to post either an irrevocable $20, 000 letter of credit in the Agency's name or a like amount into an escrow account for draw down by the Agency based upon a schedule set forth in the Agreement. If construction on Parcels 1 and .2 of Parcel D is not complete by June 30, 1992, then the Agency will withdraw $10,000 of the money held on deposit ($5, 000 for each parcel) . Additional $5,000 withdrawals will be made by the Agency on October 1, 1992 and January 1, 1993 if construction remains incomplete on Parcel 2 . The Agency retains the right of reverter on the land as set forth. in the Emkay DDA. LASER IMAGED • 4? • Arcadia Redevelopment Agency August 6, 1991 Page 2 The Agreement has been sent to Chandler and Emkay for review and signature before the August 6 meeting. RECOMMENDATION. That the Arcadia Redevelopment Agency approve the Second Assignment and Amendment Agreement (Emkay Disposition and Development Agreement) and authorize and direct the Agency Chairman and Secretary to execute it subject to minor modifications by Agency General and Special Counsel. Approved: ,!��� Gf� J Exec tive irector DRC:dc attachments chndlr7.91m LASER IMAGED. I 0 G - L.. Ateellu <:t entotahunt !y , /e Date 8/6191— —= TO: Arcadia Redevelopment Agency FROM: Joyce Friedmann, Economic Development Assistant SUBJECT: Request for Approval of Extension and Modification ` Agreement (Stanley W. Gribble) . The developer of the Southside Project (Stanley W. Gribble) has two outstanding construction loans on the Project from First Interstate Bank. The initial loan (November 1987) is in the amount of $14, 505, 000, and an additional loan (March 1990) is in the amount of $7, 600, 000. The total loan amount is $22, 105, 000. Approximately $805, 000 has been paid-off on first loan. The Arcadia Redevelopment Agency agreed both at the time of the initial loan and at the time of the additional loan to subordinate its $700, 000 deed of trust to these two loans (see the most recent Subordination Agreement, Attachment 1) . Since the loans are due and payable to First Interstate on August 1, 1991, and the Developer has not yet secured permanent financing for the Project, the Developer requests a time extension from the bank to February 1, 1992. In addition, the Developer requests that the bank give him the option to release Parcel 5 (the four-story office building and parking structure) from the loan obligation should he choose to sell Parcel 5 or otherwise be in a position to repay this loan. The Developer also wants the "Assignment of Leases" (i.e. all of the ground and space leases, current and future in the Project) which secure the notes to also be extended. These changes as well as a few routine changes are set forth in the "Fourth Extension and Modification Agreement, " and related documents, Attachment 2 . As a condition for approval of this Agreement, First Interstate Bank requires that the Agency reaffirm its second position to the two First Interstate Bank loans. The Agreement has been reviewed by Agency Special Counsel, Steve Deitsch, and Agency General Counsel. Mr Gribble has been required to pay a $2, 000 Administrative Processing Fee to the Agency by August 6, '1991. LASER IMAGED� • August 6, 1991 Extension and Modification Agreement (Gribble) Page Two Recommendation That the Arcadia Redevelopment Agency consent to the "Fourth Extension and Modification Agreement" , and authorize the Executive Director to execute the consent statement, subject to minor revisions as/po orm approved by Agency General Counsel. Approved: Ex ctftive Director Attachments LASER IMAGE ' • RECORDING REQUESTED F • AND WHEN RECORDED MAIL TO • NAM[ First Interstate Bank of Ca ADDRESS 5000 Birch Street Suite 2200 CITY & STATE L_Newport Beach, California 92660 Attn: Mona Russell SPACE ABOVE THIS LINE FOR RECORDER'S USE Loan No. 357-03310 SUBORDINATION AGREEMENT - FORM C (SUBORDINATE RECORDED DEED OF TRUST TO ADDITIONAL LOAN) NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY 'I'IIAN •I'iii: LIEN (W SOME OTHF:R OR LATER SECURITY INSTRUMENT. THIS AGREEMENT. made this 26th day of' March 19 90 by..Arradia..Gateway.-Centx'e..,�,sscCiates,...Ltd..,..a Ca..1.ifornia..Lim ted..Pax-tnership - owner of the land hereinafter described and hereinafter referred to as "Oh Her". and .Arvadaa...reveioPment..Agenay.,..A..PlIb7.ic Body.,...CQrporate...and..Politic present owner and holder of the deed of trust and note first hereinafter described and hereinafter referred to as "Bene- ficiary"; WITNESSETH A�Cadia Gate Centre Associates, Ltd., a California LimiPitteedde%slup THAT WHEREAS,.. �Y did on November 10, 1987 , execute a deed of trust to Ticor Title Insurance Company of California. , as trustee, covering: As per legal descrilption attached hereto and made a part hereof to secure a note in the suns of$700,000.00 , dated November 10, 1987 in favor of Arcadia Redevelopttent- AgencyJe a Public Body, Corporate and Politic which deed of trust was recorded November 10, 1987 as Instrutrent No. 87-1802286 Official Records of said county and is subject and subordinate to the deed of trust next hereinafter described; and Associates, Ltd., a California Limited Partnership WHEREAS, Arcadia Gateway Centre/ did on Novernber..4.....J.987 execute a deed of trust tonrst...laterstate..Mortgage...ComPanys..4„caux=i4..cgrporatirM as trustee, covering said land and securing an indebtednes�'r � o ¢ 14.�•5054�,0�,00_.00�� in favor of First Interestate Mortgage Company, a 1. tne•re ;Iller rrelerree toet e•n'Trr ,lanC deed of trust was recorded...NQ' nber..1Q,...1987 , id.t4fIcas..Inst....NQ... AO..87._1802284 Official Records of said county and provides among other things that it shall also set ure additional loans and advances thereafter made upon the terms and conditions therein set forth; and WHEREAS, Owner has executed, or is about to execute, a note in the amount of $.7..,.60Q.0.0O..00 dated March..26,..1990. , in favor of Lender, payable with interest and upon the terms and con- ditions described therein, which note evidences and additional loan to lie made by Lender to Owner under the terms and provisions of, and secured by, said deed of trust in favor of Lender; and WHEREAS, it is a condition precedent to obtaining said additional loan that said deed of trust in favor of Lender, securing all obligations recited therein as being secured thereby. including but not limited to said additional loan, shall WHEREAS. Lender is willing to make said additional loan provided the deed of trust securing the sane is a lien or charge upon said land prior and superior to the lien or charge of the deed of trust first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust first above men. tioned to the lien or charge of said deed of trust in favor of Lender; and WHEREAS. it is to the mutual benefit of the parties hereto that Lender make said additional loan to Owner; and Beneficiary is willing that Cie deed of trust securing the same shall constitute a lien or charge upon said land which is unconditionally prior and s uperior to the lien or charge to the deed of trust first above mentioned. • NOW. THEREFORE. in consideration of the mutual benefits accruing to the parties hereto and other valuable con- sideration. the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Lender to make the additional loan above referred to. it is hereby declared. understood. and agreed as follows: (1) That said deed of trust in favor of Lender, as to said additional loan as well as all other obligations recited as being secured thereby, and any renewals or extensions thereof. shall unconditionally he and re- main at all times a lien or charge on the property therein described. prior and superior to the lien or charge of the deed of trust first above mentioned. (2) That Lender would not make its additional loan above described without this subordination agree- ment. (3) That this agreement shall be the whole and only agreement between the parties hereto with regard to the subordination of the lien or charge of the deed of trust first above mentioned to the- lien or charge of the deed of trust in favor of Lender as to the additional loan above referred to and shall- supersede and cancel any prior agreements as to snch subordination. Beneficiary declares, agrees. and acknowledges that (a) He consents to and approves t i I all provisions of the note evidencing said additional loan and the deed of trust securing same. and t ii t all agreements. including but not limited to airy loan or escrow agreements. between Owner and Lender for the dishnrscnrent of the proceeds of Lender's-additional loan; (b) Lender in making disbar-rments pursuant to any such agreement is under no obligation or duty to. nor has Lender represented that it will. see to the application of such proceeds by the person or persons to whom Lender disburses such proceeds and any application or use of such proceeds for purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part; (c) He intentionally and unconditionally waives, relinquishes. and sulmrdinates the lien or charge of the deed of trust first above mentioned in favor of the lien or charge upon said hind of the deed of trust in favor of Lender, as-to said additional loam as well as all other ohligatiouts recited therein as being secured thereby, and understands that in reliance upon and in consideration of this waiver. relinquishment and sub- ordination specific loans and advances are being and m.ill be made and. as part and parcel thereof. specific monetary and other obligations are being and will be entered into mould not be made or entered into but for said reliance upon thin waiver. relinquishment and subordination; and • (d) An endorsement has been placed upon the note secured by the'deed of trust first above mentioned that said deed of trust has by- thh, instrument been subordinated to the lien or charge of the deed of trust in • favor of Lender above referred to. NOTICE: THIS SUBORDINATION-A(:1►KE\IENT CONTAINS A PROVISION:: WHICH ALLOWS THE PERSON OBLIGATED ON YOUR HEAL PROPERTY SECURITY 'FO OBTAIN. A LOAN, A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. Beneficiary Owner ai AGCY'; ARCADIA GATEWAY"CENTRE'ASSOCIATES, LTD., a Pubic Boa ;'C••. ••, ate lit a California Limited Partnership • BYry • / tanley W. Dribble General Partner • -, • (Partnership) .. iCUR TITLE INSURANCE • STATE OF CALIFORNIA COUNTY OF 0Ran9 f SS. f On Ap a r . I 9 0 before me, the undersigned, a Notary Public in and for said State, personally appeared 43 to n I e y f-4-)• Co a i bb/•— , personally known to me or proved to me on the basis of satisfactory evidence to be the person _ who executed the within instrument as f,ene,ea I pc,,It+neK ef-the pertnmc of the partnership that executed the within instrument, and acknowledged `",n.., OFFICIAL SEAL to me that such partnership executed the same. $HE 1 EYA((,YN WITNESS my hand and official seal. — � �. Notify Putilo-Calkenis � Tl�'i Signature -� - - - - - - -My Comm.Ego.Osn 7 992 (This area for official notarial seal) • • • . . . • „_ • • • • • • { LASER IMAGED 3F STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) On 0 , l97U , before me, the undersigned, a Notary ubl ' c in and for said State, personally appeared (r eo r e ..1^- ca,-t1 , known to me to be the Executive Director of the ARCADIA REDEVELOPMENT AGENCY, the public agency that executed the within instrument and known to me to be the person who executed the within instrument on behalf of said Agency, and acknowledged to me that said Agency executed the within instrument pursuant to its by-laws or a resolution of • its members. WITNESS my hand and official seal. Fw . OFFICIAL SEAL CINDY L. ROWS • 1 y NOTARY PUBLIC•CAUFORNIA 1 gn- e i \� I PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Expires Mar.6.1992 .... A■44'1/eld G, /�9v My Commission Expires: • LASER IMAGED 33 TICOR TIT INSURANCE COMPANY OF CAL -1RNIA DESCRIPTIONS THOSE PORTIONS OF TRACT NO. 5205• IN THE CITY OF ARCADIA, IN THE COUNTY OF L05 ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 54 PAGE 61 OF MAPS IN THE OFFICE OF THE COUNTY RECOROER OF SAID COUNTY, TOGETHER WITH THOSE PORTIONS OF TRACT N0. 8504• IN SAIO CITY• COUNTY AND STATE, AS PER MAP RECCRCEO. IN 800K 107 PAGE 56 OF MAPS, IN SAID RECOROERS OFFICE, TOGETHER WITH THOSE PORTIONS OF THIRD AVENUE ( 60.00 FEET WIOEI AS SHOWN ON MAP OF THE SANTA ANITA TRACT, IN SAID CITY. COUNTY, ANO STATE, AS PER MAP RECORDED IN BOOK 34 PAGES 41 AND 42 OF MISCELLANEOUS RECORDS, IN SAID RECORDERS OFFICE, NOW VACATED BY THE CITY OF AACADIA RESOLUTION NO. 536$, A CERTIFIED COPY OF WHICH WAS RECORDED AUGUST 20. 1987• AS DOCUMENT NO. 87-1332254 OF OFFICIAL RECORDS OF SAID COUNTY, TOGETHER WITH PARCEL 1, IN SAID CITY, COUNTY ANO STATE, AS SHOWN ON PARCEL MAP N0. 8213, FILED IN BOOK 95 PAGE 33 OP MAPS, IN SAID RECORDERS OFFICE, AND TOGETHER WITH PARCEL 2, IN SAID CITY, COUNTY, ANO STATE, AS SHOWN ON PARCEL MAP NO. 15985• FILED IN BOOK 172 PAGES 65 AND 64 OF MAPS, IN SAID RECORDERS OFFICE. DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF PARCEL 1 OR SAID PARCEL MAP NO. 15983$ THENCE ALONG THE SOUTHERLY LINE OF HUNTINGTON DRIVE 1100.00 FEET: WINS AS DESCRIBED IN FINAL ORDER OF CONDEMNATION, ENTERED IN LOS ANGELES COUNTY SUPERIOR COURT CASE NO. 255223, A CERTIFIED COPY OF WHICH WAS RECORDED DECEMBER 4. 1929. AS INSTRUMENT NO. 1293 IN BOOK 9570 PAGE 16S OF OFFICIAL RECORDS OF SAID COUNTY, WEST 874.08 FEET TO A LINE THAT IS PARALLEI"M ITH ANO A DISTANCE OF 20.00 FEET NORTHEASTERLY FROM THE NORTHEASTERLY LINE4TFIAT CERTAIN 50.00 FOOT WIDE STRIP OF LANG AS SHOWN ON SAID TRACT NO. 5203 AS •A.T. C S.F. RY.•; THENCE ALONG SAID PARALLEL LINE• SOUTH 51 DEGREES 3% MINUTES 20 SECONDS EAST 317.00 FEET TO THE CENTER LINE OF SAID THIRD AVENUE; THENCE ALONG SAID CENTER LINE (NORTH 00 DEGREES 03 MINUTES 28 SECONDS: EAST 6.38 FEET TO A LINE THAT IS PARALLEL ANO CONCENTRIC TO ANO A OISTANCE OF 25.00 FEET NORTHEASTERLY FROM THE NORTHEASTERLY LINE OF SAID HEREINABOVE MENTIONED CERTAIN 50.00 FOOT WIDE STRIP; THENCE ALONG SAID LAST MENTIONED PARALLEL LINE AND ALONG THE SOUTHERLY LINE OF SAID PARCEL 2 AS FOLLOWS, SOUTH 51 DEGREES 31 MINUTES 20 • SECONDS EAST 226.65 FEET AND SOUTHEASTERLY ALONG A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2814.93 FEET, THROUGH CENTRAL ANGLE OF IT DEGREES 29 MINUTES 37 SECONDS AN ARC DISTANCE OF 859.46 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 2$ THENCE ALONG THE 8OUNOARYS OF SAID PARCEL 2 AND FOLLOWS NORTH 0 DEGREES 0* MINUTES 00 SECONDS EAST 426.46 FEET ANO WEST 295.96 FEET TO THE SOUTHWEST CORNER OF PARCEL 1 OF SAID PARCEL NO. 159891 • THENCE ALONG THE WESTERLY LINE OF PARCEL 1 OF SAID PARCEL MAP NO. 15989, NORTH 0 DEGREES 02 MINUTES 51 SECONDS EAST 330.00 FEET TO THE POINT OF BEGINNING. ' ucaCRIPTION: WRITtEN BY • CHECKED BYeel. 33 LASER IMAGED RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Loeb and Loeb 1000 Wilshire Boulevard Suite 1800 Los Angeles, California 90017 Attention: Richard M. Johnson, Jr. , Esq. SPACE ABOVE THIS LINE FOR RECORDER'S USE FOURTH EXTENSION AND MODIFICATION AGREEMENT THIS FOURTH EXTENSION AND MODIFICATION AGREEMENT ("Agreement") , executed as of the 19th day of July, 1991, by and between FIRST INTERSTATE BANK OF CALIFORNIA, a California corporation ("Lender") , and ARCADIA GATEWAY CENTRE ASSOCIATES, LTD. , a California Limited Partnership ("Borrower") , is made with reference to the following facts: A. First Interstate Mortgage Company ("FIMC") , a California corporation, predecessor in interest to Lender, and Borrower entered into that certain Building Loan , Agreement (Other than Tracts-Subdivisions-Condominiums) dated November 4 , 1987, pursuant to which FIMC agreed to make a $14, 505, 000 construction loan ("Initial Loan") to Borrower. The Building Loan Agreement was amended pursuant to the terms of that certain Amendment to Building Loan Agreement dated March 26, 1990 and executed by Lender and Borrower. • B. The Initial Loan is evidenced by that certain Note in the original principal amount of $14,505, 000 dated November 4, 1987 and executed by Borrower in favor of FIMC. Said Note was amended in certain respects pursuant to the terms of the following documents executed by FIMC or Lender and Borrower: (i) letter agreement dated November 4 , 1987 ("Letter Agreement") , (ii) Extension Agreement dated June 8, ' 1989; (iii) Extensiog Agreement dated September 26, 1989, and (iv) Extension Agreement dated March 26, 1990. Said Note, as amended, shall be referred to herein as the "Initial Note" . C. The Initial Note is secured by, among other things, that certain Construction Deed of Trust and Assignment of Rents, dated November 4, 19.87, executed by Borrower, as Trustor, to FIMC, as Trustee, in favor of FIMC, as Beneficiary, and recorded on November 10, 1987, as Instrument No. 87-1802284 , in the Official Records of Los Angeles County, California. Said Deed of Trust, as modified by the Letter Agreement and the extension agreements . referred to in Recital B above and the Amendment (as defined herein) , shall be referred to herein as the "Deed of Trust" . D. The Initial Note is also secured by that certain Assignment of Lease, dated November 4., 1987, executed by Borrower, as Assignor, in favor of FIMC, as Assignee, and recorded on November 10, 1987, as Instrument No. 87-1802285, in the Official Records of Los Angeles County, California ("Assignment of Leases") . E. In connection with the Initial Loan, Stanley W. Gribble ("Gribble") executed and delivered to FIMC a Guarantee (Real Estate Loan) dated November 4, 1987 . F. Pursuant to the terms of, among other documents, that certain Assignment of Deed of Trust dated May 12 , 1989 and recorded on December 11, 1989, as Instrument No. 89-1986083 in the Official Records of Los Angeles County, California, FIMC transferred its interest in the Initial Note and Deed of Trust to Lender. G. On or about March 26, 1990, Lender and Borrower entered into that certain Building Loan Agreement (Other than Tracts-Subdivisions-Condominiums) dated March 26, 1990 pursuant to which Lender agreed to make a $7, 600, 000 construction loan (the "Additional Loan") to Borrower. H. The Additional Loan is evidenced by that certain Note dated March 26, 1990 in the original principal amount of $7, 600, 000 and executed by Borrower in favor of Lender. Said Note, as amended by that certain Letter • Agreement dated March 26, 1990, .and executed by Lender and Borrower, shall be referred to herein as the "Additional Note". The Additional Note together with the Initial Note shall sometimes be referred to herein collectively as the "Notes" . I. Pursuant to the terms of that certain Amendment of and Supplement to Deed of Trust and Notice of Additional Advance dated March 26, 1990, executed by Borrower, as Trustor, to FIMC, as .Trustee, in favor of Lender, as Beneficiary, and recorded on May 16, 1990, as Instrument No. 90-895246, in .the Official Records of Los Angeles County, California, the Additional Note is secured by, among other things, the Deed of Trust. Said Amendment of and Supplement to Deed of Trust and Notice of Additional Advance, as modified by the Letter Agreement referred to in Recital H above, shall be referred to herein as the "Amendment". J. In connection with the Additional Loan, Gribble executed and delivered to Lender that certain Guarantee (Real Estate Loan) dated April 23, 1990, and Gribble and Borrower executed and delivered to Lender that certain First Interstate Bank of California Environmental Indemnity dated March 26, 199Q. K. The Notes, the Deed of Trust and the other documents executed by Borrower in connection therewith shall be referred to herein as the "Loan' Documents". L. Lender and Borrower desire to extend the term of the Notes, as provided for therein, and to otherwise amend the provisions of the Deed of Trust and the other Loan Documents upon the terms and conditions set forth below. NOW, THEREFORE, in consideration of the mutual promises and agreements hereinafter contained, and other good and valuable cc:. ideration, the receipt and sufficiency of which are hereby acknowledged, Lender and Borrower hereby agree as follows: 1. Maturity Date. Effective upon the Closing Date (as defined herein) the maturity date of the Notes shall be extended to February 1, 1992 . 2.. Further Modification of Deed of Trust. Effective upon the Closing Date, Paragraph B.21 of the Deed of Trust shall be deleted in its entirety and the following shall be inserted in lieu thereof: "B21. Until such time as all sums due and payable under the Notes have been paid in full and this Deed of Trust has been discharged and fully reconveyed, Trustor, if not in default hereunder or under the Notes, may request the release of Parcel 5, in the City of Arcadia, in the County of Los Angeles, State of California, as shown on Parcel Map No. 19433 , filed in Book 209 pages 1 and 2 of Parcel Maps, in the Office of the County Recorder of said County ( 'Parcel 5' ) . Beneficiary will request Trustee to execute and deliver a partial reconveyance of the lien of the Deed of Trust with respect to Parcel 5 upon satisfaction of the following terms and conditions: (i) Trustor's request for release shall be in the form of a 10-day written notice to Beneficiary and shall be accompanied by the following: (a) a legal description of Parcel 5, (b) a duly approved and recorded parcel or subdivision map, and (c) such other documents and information concerning such release as Beneficiary may reasonably request; • (ii) Trustor shall -pay to Beneficiary in, .a immediately available funds all sums due nd owing under the Additional Note (at the time of ° Borrower' s request) ; (iii) All reasonable costs and expenses of Beneficiary associated with such release (including, but not limited to, attorneys' feas)' shall be paid by Trustor; (iv) Trustor shall obtain and pay for all title insurance endorsements reasonably required by Beneficiary in connection with such release; (v) Trustor shall execute and deliver to Beneficiary such other documents and/or instruments, including for example any easements -_ or rights of ingress and egress, as Beneficiary deems reasonable to maintain the operation of the subject property in a manner consistent with its current use. (The terms "Notes" , "Deed of Trust", and "Additional Note" shall have the meanings ascribed to them in that certain Fourth Extension and Modification Agreement dated July 19, 1991 and executed by and between First Interstate Bank of California, a California corporation, as Lender, and Arcadia Gateway Centre Associates, Ltd. , a California Limited Partnership,. am Borrower. ) " „ 3 . Further Modification of the Assignment of Leases. Effective upon the Closing Date, the Assignment of Leases shall be deemed to secure and refer to the Notes as extended hereby. 4 . Notices. Notwithstanding anything to the contrary contained in the Loan Documents, all communica- tions, notices and demands of any kind which either party hereto may be required or may desire to serve upon the other party shall be in writing and shall be personally served upon such party, mailed by United States registered or certified mail, postage prepaid, return receipt requested, or sent by a locally recognized courier service for same day or next day delivery, to be confirmed in writing by such courier, addressed as follows: If to Lender: First Interstate Bank of California 633 W. Fifth Street Tenth Floor Los Angeles, California 90071 Attention: Ms. Patricia A. Bracher, Vice President With a copy to: Loeb and Loeb 1000 Wilshire Boulevard Suite 1800 Los Angeles, California 90017 Attention: Richard M. Johnson, Jr. , Esq. If to Borrower: Arcadia Gateway Centre Associates, Ltd. 18401 Von Karman. Avenue Suite 130 Irvine, California 92715 . Attention: Mr. Stanley W. • Gribble • With a .copy to: Graham &. James 4675 MacArthur Court Suite 800 Newport Beach, California 92660-1832 Attention: Robert F. La Scala, Esq. Either party may change its address by giving the other party written notice of its new address as herein provided. Notices given in the manner aforesaid shall be deemed delivered when actually received or refused by the party to whom sent, unless such notice is mailed as afore- said, in which event such notice shall be deemed complete on the day of actual delivery as shown by the return receipt or at the expiration of the third (3rd) day after the date of mailing, whichever first occurs. 5. Additional Conditions. Borrower shall satisfy all of the conditions set forth below on or },Pf^r'e the Closing Date: (a) Borrower shall deliver to Lender the written consent to the transactions contemplated by this Agreement of such persons as Lender shall require. (b) Borrower shall pay to Lender, in immediately available funds, an extension fee of $42,750, which fee shall be deemed earned in full upon such payment. (c) Borrower shall execute a Release in favor of Lender in form and substance satisfactory to Lender. (d) Borrower shall cause Ticor Title Insurance Company of California to issue CLTA Endorsement No. 110.5 (without exceptions) , to its ALTA Loan Policy of Title Insurance No. 8337017-B, insuring the priority of the lien of the Deed of Trust as of the date of the recordation of this Agreement. (e) Borrower shall cause to be delivered to Lender such additional documents, financing statements, resolutions, certificates, articles of incorporation, bylaws, certificates of good standing, consents, opinions and other items as Lender may require in order to consummate the transactions contemplated by this Agreement. 6. Closing Date. As used in this Agreement, the Closing Date shall mean the date of recordation of this Agreement in the Official Records of Los Angeles County, California. 7. Costs. Borrower shall pay on demand all costs and expenses incurred by Lender in connection with the execution and administration of this Agreement, including, but not limited to, all attorneys' fees. 8. Reaffirmation of Obligations. Borrower hereby ratifies and reaffirms all its obligations, represen- tations and warranties under the Loan Documents, as amended by this Agreement and agrees to pay the indebtedness evidenced by the Loan Documents according to the terms and provisions thereof, as hereby modified. Except as hereby modified, all of the terms, covenants and provisions of the Notes, the Deed of Trust and the other Loan Documents shall remain in full force and effect. Without limiting the generality of the foregoing, Borrower hereby expressly acknowledges and agrees that, as of the date of this Agree- ment, Borrower does not have any offsets, claims or defenses whatsoever against any of its obligations under the Notes, the Deed of Trust or any of the other Loan Documents. 9.. Entire Agreement. This Agreement contains the entire understanding between Lender and Borrower with respect to the subject matter hereof and shall not be amended except by a writing signed by all the parties hereto. 10. Successors and Assigns. This Agreement shall be binding upon, and shall inure to the benefit of, Borrower and Lender and their respective successors and assigns. Without limiting Lender's rights under the Loan Documents, Lender shall ha c the right to assign the. Loan Documents and to disclose any information regarding the Loan Documents to any assignee. 11. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 12 . Counterparts. This Agreement may be executed simultaneously in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. 13 . Headings. The headings in this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning hereof. 14. Representation by Counsel. Borrower has retained counsel to represent it in the transaction contemplated herein; Borrower has read and understands this Agreement; and Borrower has been advised by its counsel with respect to its rights and obligations under this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written. "Lender" FIRST INTERSTATE ,BANK OF CALIFORNIA, a California corpo / ° By• Litt PA R CIA A. BRAG . Vice President "Borrower" ° ARCADIA GATEWAY CENTRE ASSOCIATES, LTD. , a California Limited Partnership By: Aradlee STANLEY . GRIBBLE General Partner . i 0 STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) before me, 6c �n)R (-)r On July, 1991, to Rs r- � a Notary Public, ersonally ppeared Patricia A. Bracher, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscthatdshe within acknowledged to me authorized capacity, and that by her signature the e htperson acted, executed tthe einstrument. t p WITNESS my hand and official seal. �a � (Seal) - Signature ' . ' % OFFICIAL NOTARY SEAL REGINA CRAIG WARREN 4 , ; 0, Notary Public—California �'.r! � s� LOS ANGELES COUNTY - I My Comm.Expires SEP 16,1994 STATE OF CALIFORNIA ) SS. COUNTY OF ORANGE ) On July, 1991, before me, /Vg,!/� fr a Notary Public, personally appeared Stanley W. Gribble, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscrhatdheoexecuted the instrument hisand acknowledged to me t and that by his signature on the authorized capacity,instrument the person, or the entity upon behalf of which ' the person acted, executed the instrument. WITNESS my hand and official seal. Signature C (Seal) 1 .a" _.; OFFICIAL NOTARY SEAL ► 1 47 ,'� NANCY MC KINNEY ► r 't_d ;-....X Natary Pubfic—California ► 1 ..^.'�x ORANGE COUNTY I �`' "R` My Comm.Exp. JUL 17,1992 ■ CONSENT OF GUARANTOR - The undersigned, as Guarantor under that certain Guarantee (Real Estate Loan) dated November 4, 1987 and that certain Guarantee (Real Estate Loan) dated April 23, 1990 hereby consents to this Fourth Extension and Modification Agreement and hereby reaffirms all its obligations under said Guarantees. 1/.4441t:4146e. STANLEY W. GRIBBLE STATE OF CALIFORNIA ) SS. COUNTY OF ORANGE ) On July, 1991, before me, /f AWCY /hckAvrig , a Notary Public, personally appeared Stanley W. Gribble, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the persono or the entity upon behalf of which the person 'acted, executed the instrument. WITNESS my hand -and .official seal. G • • 111411 Signatures / • (Seal) OFFICIAL NOTARY SEAL. cr '� NANCY MC KINNEY I Natery Public—California ► • ORANGE COUNTY "PP/ My Coma Exp. JUL 17,1992 C( SENT BY ARCADIA REDEVELOP1: JT AGENCY The undersigned hereby consents to this Fourth Extension and Modification Agreement ("Agreement") and hereby acknowledges and agrees that the lien of the Deed of Trust (as defined in the Agreement) , as modified by the Agreement, shall remain prior and superior to the lien or charge of that certain deed of trust dated November 10, 1987 and recorded on November 10, 1987, as Instrument No. 87- 1802286 in the Official Records of Los Angeles County, California, executed by Arcadia Gateway Centre Associates, Ltd. , a California Limited Partnership, in favor of the undersigned. ARCADIA REDEVELOPMENT AGENCY, a Public Body, Corporate and Politic By STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) On July, 1991, before me, , a Notary Public, personally appeared. , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the • instrument the person, or the entity upon behalf of which the person acted, executed the instrument. • WITNESS my hand and official seal. Signature (Seal)