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Recorded/Filed in Official Records
k Recorder's Office, Los Angeles County,
California
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THIS FORM ISNOT roeEDUPLICATED
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RECORDING REQUESTED BY:
First American Title Insurance Company
WHEN RECORDED MAIL DOCUMENT TO:
CITY OF ARCADIA
240 W. HUNTINGTON DRIVE
ARCADIA, CA 91006
ATTENTION: CITY CLERK
Space Above This Line for Recorder's Use Only
DEVELOPMENT AGREEMENT
Title of Document
Pursuant to Senate Bill 2 - Building Homes and Jobs Act (GC Code Section 27388.1), effective January 1, 2018, a
fee of seventy-five dollars ($75.00) shall be paid at the time of recording of every real estate instrument, paper,
or notice required or permitted by law to be recorded, except those expressly exempted from payment of
recording fee, per each single transaction per parcel of real property. The fee imposed by this section shall not
exceed two hundred twenty-five dollars ($225.00).
(X) Recorded concurrently "in connection with" a transfer subject to the imposition of documentary transfer tax
(DTT) per GC 27388.1 (a) (2).
( ) Recorded [concurrently] in connection with a transfer of real property that is residential dwelling to an owner -
occupier per GC 27388.1 (a) (2).
( ) Maximum fee of $225 has been reached per GC 27388.1 (a) (1).
( ) Not related to real property GC 27388.1 (a) (1).
THIS PAGE ADDED TO PROVIDE EXEMPTION INFORMATION FOR THE
BUILDING HOMES AND JOBS ACT FEE
(SB -2; AFFORDABLE HOUSING FEE)
($3.00 Additional recording fee applies)
RECORDING REQUESTED BY
FIRST AMERICAN TITLE INSURANCE CO.
NATIONAL COMMERCIAL SERVICES
Recorded at request of: -
Clerk, City Council
}
City ofArcadia
}
�
When recorded return to:
3
City. of Arcadia
246 W. Huntington Dr.
Arcadia, CA 91006
Attention: City Clerk
)
Exempt from Filing Fees, Government Cade Section 6103
DEVELOPMENT AGREEMENT
Mixed Use Development Project
between
CITY OF ARCAIDIA,
a California municipal corporation and charter law city
and
NEW WORLD INTERNATIONAL, LLC,
a California limited liability company
24347.00635132302048.3
This Development Agreement (hereinafter "Agreement") is entered into as of this22-7
clay of� , 2020 for reference purposes only, by and among the City of
Arcadia, a California municipal corporation and charter law city (hereinafter "City"), New World
International, LLC, a California limited liability company ("€iwneel).
RE, MALS
WHEREAS, City is authorized to enter into binding development agreements with
persons having legal or equitable interests in real property for the development of such property,
pursuant to the Development Agreement Act and the Development Agreement Resolution; and
WHEREAS, Owner is the fee simple owner of that certain real property, located at 117-
129 E. Huntington Drive, and 124-134 Wheeler 4,venue, Arcadia, California, comprising
approximately 1.74 acres as described in the Legal Description and as shown on the Site Plan;
and
WHEREAS, the Property is currently developed with a mix of commercial buildings and
surface parking areas, and includes a public surface parking lot consisting of 55 public parking
spaces; and
WHEREAS, Owner has proposed a project consisting of two buildings that contain 1.39
residential units, 10,200 square feet of ground floor commercial/retail space, and subterranean
and surface parking comprising 350 parking spaces; 55 of which will be dedicated as public
parking spaces in perpetuity; all as shown on the Site Plan and described more fully herein and in
the Entitlements (the "Projecf"),, and
WHEREAS, Owner and City desire to enter into a development agreement with respect
to the Project; and
WHEREAS, the terms and conditions of this Agreement have undergone extensive
review by City, its Planning Commission and its City Council and have been found, to be fair,
just and reasonable; and
WHEREAS, the best. interests of the citizens of the City and the public health, safety and
welfare v611 be served by entering into this agreement; and
WHEREAS, all of the procedures of the CEQA have been satisfied based on an initial
study as a result of which certain additional focused studies evaluating the environmental
impacts of the Project have been completed and the City has made certain findings and
determinations that this Agreement and the Project can be supported by a Mitigated Negative
Declaration, in compliance with the requirements of CEQA; and
WHEREAS, this Agreement and the Project are consistent with the Arcadia
Cotnpiehensive General Plan; and
24347.0D535M5020483
WHEREAS, all actions taken and approvals given by City have been duly taken or
approved in accordance with all applicable legal requirements for notice, public hearings,
findiirgs, votes, and other procedural matters; and
WHEREAS, development of the Project in accordance with this Agreement and the
additional consideration provided by the Owner under Section 4 hereof will provide substantial
benefits to City, including the availability of additional services to the residents of the City,
preservation of public parking on the Property in perpetuity, substantially increased property tax
and sales tax to be received by City, schools, and special districts and the furtherance of
important policies and goals of City; and
WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the
orderly Development of the Property, ensure progressive installation of necessary improvements,
provide for public services appropriate to the Development of the Project and generally serve the
purposes, for which Development Agreements under the Development Agreement Act and the
Development Agreement Resolution are intended.
EgKmi'�►1f't�.'�
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants
hereinafter contained and for other good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, the parties agree as follows:
1: DEFINITIONS AND EXHIBITS.
1.1 Definitions. The following terms when used in this Agreement shall be defined as
set forth below.
1.1.1 "Agreement" .means this Development Agreement.
1.1.2 "Applicable Land Use Regulations" means the .Land Use Regulations in
effect on the Effective Date_
1.1.3 "Applicable Rules" means this Agreement, the Entitlements, the
Applicable Land Use Regulations, and the Development Agreement Resolution in effect as of
the Effective Date.
LIA "CEQA" means the California Environmental Quality Act (Cal. Public
Resources Code sections '21.000 et sec .) and the State CEQA Guidelines (Cal. Code Regs., Title
14; sections 15000 et sem.).
1.L5 "CEQA Compliance Documents" means that certain Mitigated Negative
Declaration ('*MND') for the Huntington Plaza Project, based on an Initial Study ("IS'),
additional focused studies evaluating the environmental impacts of the Project, the associated
mitigation, monitoring and reporting program C MMR:P") and the City's findings and
determinations with respect thereto.
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24347.00635k32302048.3
L 1.6 "City" means the City of Arcadia, a. California municipal corporation and.
charter city.
1.1..7 "City Agency„ means each and every agency, department, board,
commission, authority, employee, or official acting under the authority of the City, including
without limitation the City Council and Planning Commission.
1.1.8 "City Council" means the City Council of the City.
1..1.9 "Development" or "Develop" means the act of constructing the structures,
improvements and Facilities comprising the Project including, but not limited to: grading; the
construction of infrastructure and public facilities related to the Project whether located within or
outside the Property; the construction of buildings and structures; and the installation of
landscaping. "Development" or "Develop" does not include the act of maintaining, repairing,
reconstructing or redeveloping any building, structure, improvement or facility after the initial
construction and completion thereof.
11. 10 "Development Agreement" means this development agreement.
1.1.11 "Development Agreement Act" means Government Code sections 65864
through 65869.5.
1.1.12 "Development Agreement Resolution" means Resolution No. 6469,
adopted July 1.9, 2005, pursuant to which the City has adopted procedures and requirements for
considering development agreements.
1.1.13 "Development Exaction" means any requirement imposed by the City as a.
condition of the Entitlements such as the dedication of land, the construction of improvements or
public facilities, the providing of facilities, services, or economic concessions or the payment of
any Development Impact Fee in order to lessen, offset, mitigate; or compensate for the impacts
of the Development of the Project on the environment or other public interests.
1.1.14 "Development Impact Fee" means a monetary exaction, other than a tax or
special assessment, whether characterized as a fee or a tax and whether established for a broad
class of projects by legislation of ;general applicability or imposed on a specific project on an ad
hoc basis, that is charged by a local agency to the applicant in connection with approval of a
development project for the purpose of defraying all or a portion of the cost of public facilities
related to the Project, and, for purposes of this Agreement only, includes fees collected under
development agreements adopted pursuant to the Development Agreement Act. Development
Impact Fees do not include (a) Processing Fees and Charges or (b) impact fees, linkage fees,
exactions, assessments or fair share charges or other similar fees or charges imposed by other
governmental entities and which the City is required to collect or assess pursuant to applicable
law (e.g., school district impact fees pursuant to Government Code Section 65995).
1.1.1.5 "Discretionary Action" means an action proposed by Own. er that requires
the exercise of judgment, deliberation, or a decision on the part of the City or any City Agency in
the process of approving or disapproving a particular activity, as distinguished from an activity
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24347M635i32302048.3
such as the issuance of Ministerial Permits and Approvals, which merely requires the City or any
City Agency to determine whether there has been: compliance with applicable statutes,
ordinances and/or regulations.
1.1.16 "Effective Date" means the date on which the ordinance approving and
authorizing this Agreement has become effective.
1.1;17 "Entitlements" is defined in Section 2.7 and includes any Subsequent
Development Approvals.
1.1.18 "Land Use Regulations" means all ordinances, resolutions, codes; rules,
regulations and official policies of City adopted by ordinance or resolution governing the
development and use of land, including; without limitation, the Development Agreement
Resolution, the Subdivision Code and any other ordinance or resolution governing the permitted
use of land, the density or intensity of use, subdivision requirements, the maximum height and
size of proposed buildings, the provisions for reservation or dedication of land for public
purposes, the design, the improvement and construction standards and specifications applicable
to the Development of the Project. "Land Use Regulations" does not include any City ordinance,
resolution, code, rule, regulation or official policy, governing:
(a) The conduct of businesses, professions, and occupations except
subdivisions;
(b) The taxes and assessments;
(c) The control and abatement of nuisances;
(d) The exercise of the power of eminent domain.
1.1.19 "Legal. Description" means the legal description of the Property attached
hereto as Exhibit "A" and incorporated herein by reference.
1.1.213 "Lender" means any lender who provides funds for the construction .of the
Project, or parts thereof, and takes a security interest in an asset other than the Property or
Project (e.g., a security interest in the ownership interest of Owner in the Property or Project).
1.1.21 "Ministerial Permits and Approvals" means the permits, approvals; plans,
inspections, certificates, documents, licenses, and all other actions required to be taken by the
City in connection with the implementation of the Entitlements, which actions merely require the
City or any City .Agency to detennine whether there has been compliance with applicable
statutes, ordinances and/or regulations, including without limitation, building permits, public
works permits, grading permits, encroachment permits and other similar permits and approvals.
Ministerial Permits and Approvals shall not include any Discretionary Actions.
1.1.22 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a
deed of trust or a Lender or any other security -device lender (including any secured creditor or
financier), and their successors and assigns.
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2434?.00635'32302048.3
1.1.23 "Owner" means New World International, LLC, a California limited
liability company, and all successors or assigns of the Property, or any part thereof permitted
hereunder.
1.1.24 "Parking Easement" means the Access and Parking Easement Agreement
to be entered into by and between the City and Owner as a condition of this Agreement to
provide the City access to and use of 55 parking spaces on the Property in. perpetuity. The
Parking Easement shall be in form attached hereto as Exhibit "C" and incorporated herein by this
reference.
1.1.25 "Processing Fees and. Charges" means fees and charges imposed by the
City to cover the estimated actual costs to the City of processing applications for permits or other
entitlements or for monitoring the applicant's compliance with the City's issued or granted
approval, including, without limitation, fees for zoning variances; zoning changes; use permits;
building inspections; building permits; grading permits; encroachment permits; tract maps,
parcel maps; lot line adjustments, air right lots; street vacations; certificates of occupancy; ding
and processing applications, and petitions filed with the local agency formation commission. or
conducting preliminary proceedings or proceedings under the Cortese -Knox -:Hertzberg Local
Government Reorganization Act of 2000, Division 3 (commencing with Section 56000) of Title
5 of the Government Code; the processing of maps under the provisions of the Subdivision Map
.Act, Division 2 (commencing with Section 66410) of Title 7 of the Government Code; or
planning services under the authority of Chapter 3 (commencing with Section 65 100) of Division
I of Title 7 of the Government Code, fees and charges as described in Sections 51287, 56383,
57004, 65104, 65456, 65863.7, 65909.5, 66013, 66014, and 6645.1.2 of the Government Code,
Sections 17951, 19132.3, and 1.9852 of the Health and Safety Code, Section 41901 of the Public
Resources Code, and Section 21671.5 of the Public Utilities Code; as such codes may be
amended or superseded, including by amendment or replacement. Processing Nees and Charges
shall not include Development Impact Fees or any exaction, impact fee, sharing fee or other fee
or charge that is in the nature of a Development Impact Fee.
1.1.26 "Project" means the development of the mixed use development
consisting of two buildings that will contain 10,200 square feet of ground floor commercial uses
and 1.39 residential units and associated subterranean and surface level parking totaling 350
parking spaces, 55 of which shall be set aside as public parking spaces.
1.1.27 "Property" means the real property described in the Legal Description and
shown on the Site Plan.
1.1.28 "Public Parking" means the 55 parking spaces that will be constructed on
the Property as public parking, which shall, be accessed and used by the public in perpetuity
pursuant to the terms of the Parking Easement. The location and other specifications of the
Public Parking shall be set forth in the Parking Easement.
1.1.29 "Reserved Powers" means the rights and authority excepted from the
assurances and rights provided to Owner under this Agreement and reserved to City under
Section 3,2 of this Agreement.
Edi
24347.00635\32302048.3
I. 130 "Site Plan" means the approved plans for Development of the Property as
set forth in. Exhibit "B" attached hereto and incorporated herein by reference.
1..1.31 "Subdivision Code" means Article IX, Chapter 1 of th. e Arcadia Municipal
Code,
1.1.32 "Subsequent Development Approvals" means those certain actions taken
by the City after the Effective Date, whether Discretionary Actions or Ministerial .Permits and
Approvals, in connection with the implementation, amendment, and/or modification of the
Entitlements.
1.1.3 3 "Term" is defined in Section 2.3-
1.1.34 "Transfer" in defined in Section 2.4.1.
1.1.35 "Transferee" is defined in Section 2.4.1.
1.1..36 "Transferor" means any transferor of the Property or any part thereof
pursuant to Section 2.4.
GENERAL PRQVISIG}1TS.
2.1 Binding Effect of Agement. The Property is hereby made subject to this
Agreement. Development of the Project is hereby authorized and shall be carried out in
accordance with the terns of the Applicable Rules.
2.2 interest in Property. Owner represents and warrants that, as of the date of
execution of this Agreement, Owner owns the fee simple interest in the respective portions of the
Property as identified in the Exhibits.
2.3 Terre. The term ("Term") of this Agreement shall commence on the Effective
.Date, and shall continue for ten (10) years, unless cancelled or terminated as provided herein.
2.4 Assignment.
2.4.1 Right to Assi, . Owner shall have the right to sell, transfer, or assign the
Property, in whole or in part, (provided that any such transfer shall be in compliance with the
Subdivision Map Act, Government Code section 66410, ct seg. and shall also include a transfer
of the applicable portion of the Property ("Transfer") to any person or entity ("Transferee')) at
any time during the Term. of this Agreement; provided, however, that any sale, transfer, or
assignment shall be made in strict compliance with the following:
(a) As a condition precedent to any transfer, at least ninety (40) days
prior to the effectiveness of any Transfer, Owner shall notify City, in writing, of such proposed
Transfer and shall provide City with an executed agreement ("Assignment and Assumption
Agreement"), in a form reasonably acceptable to City, by the Transferee and providing therein
24347.0063502302448.3
that the Transferee expressly agrees to be bound by the terms of this Agreement. The City shall
have the right to approve or reject any such Transferee in the City's sole and absolute discretion.
2.4.2 Release of Transferee. Upon any Transfer made in compliance with this
Section 2.4, Owner shall not be obligated under this Agreement with respect to the transferred
portion of the Project, and the Transferee shall .not be obligated under this Agreement with
respect to those portions of the Project that are not transferred to the Transferee. After any such
Transfer, the term "Owner" shall refer to the. Transferee as to the Transferred Property.
2:5 Amendment or Cancellation ofAgeement. This Agreement may be amended or
canceled in whole or in part only in the .manner provided for in Government Code Section 65868
and the Development Agreement Resolution.. This provision shall not limit any remedy of City
or Owner as provided by this Agreement.
2.6 Tertni.nation. This Agreement shall be deemed terminated and of no further effect
upon the occurrence of any of the following events:
(a) Expiration of the Term.
(b) Entry of a final judgment setting aside, voiding, or annulling the
adoption of the ordinance approving this Agreement.
(c) The adoption of a referendum measure in accordance with
applicable laws overriding or repealing the ordinance approving this Agreement.
(d) Termination of this Agreement based on any default of any Owner
(except as provided herein) and following the termination proceedings required by this
Agreement.
Termination of this Agreement shall not constitute termination of the Entitlements or Land Use
Regulations applicable to the Property or the Project; provided, however, that upon any such
termination, the City shall retain all rights and powers that would otherwise be applicable to the
City in the absence of this Agreement to amend, modify, or revoke the Entitlements, Land Use
Regulations, or both. Upon the termination of this Agreement, no party shall have any further
right or obligation hereunder except with respect to any obligation to have been performed prior
to such: termination or with respect to any default in the performance of the provisions of this
Agreement that has occurred prior to such termination or with respect to any obligations that are
specifically set forth as surviving this Agreement.
Any default by any Owner or its successors and assigns under this Agreement shall not constitute
grounds for the termination of the rights, duties, and obligations of any Owner or its successors
and assigns with respect to any other part of this Agreement.
2.7 City's Procedures and Actions/Entitlements,
(a) Planning Commission Action. On July 1.4, 2020, as required by
California Government Code Section 65867, the Planning Commission held a duly noticed
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24347.00635�32302048.3
public hearing review, and made a recommendation to the City Council regarding, the following
land use entitlements (collectively, the "Entitlements'):
(1,) Minor Use Pen -nit No. MUP 20-04)-
(2)
0-04;(2) Major Administrative Modification No. Major AM 20-11
(3) Architectural Design Review No. ADR 18-05;
(4) Vesting Tentative Tract Map No. TTM 19-01 (8.2734); and
(5) CEQA Compliance Documents
On July 14, 2020, as required by the Development Agreement Act and. the
Development Agreement Resolution; the Planning Commission held a duly noticed public
hearing to consider, and made a recommendation to the City Council regarding, this Agreement.
(b) City Council Actions. On August 18, 2020 the City Council held a
duly noticed public hearing to consider the. Entitlements, this Agreement, and the CEQA
compliance Documents. On August 18; 2020, the City Council approved Entitlements, this
Agreement, and the CEQA Compliance Documents.
2.8 Notices.
2.8.1 As used in this. Agreement, "notice" includes, but is not limited to, any
payment, the communication of notice, request, demand, approval, statement, report, acceptance,
consent, waiver, appointment, or other communication required or permitted hereunder..
2.8.2 All notices shall be in writing and shall be considered given either: (i)
when deliverers in person to the recipient named below; or (ii) on the date of delivery shown on
the return receipt, after deposit in the United States mail in a sealed envelope as either registered
or certified mail with return receipt requested, and postage and postal charges prepaid, and
addressed to the recipient named below; or (iii) on the date shown on the document as received
by the recipient after transmission by facsimile to the recipient named below; or (iv) on the date
shown on the document/file as sent by the sender after transmission by electronic mail. All
notices shall be addressed as follows:
WE
24347.6(}6351.3230204&.3
If to City: City of Arcadia
240 West Huntington Dr.
Arcadia, CA 91066
Attn: City Manager
Telephone: (626) 574-5401
Facsimile. (626) 446-5729
E-mail: domlaz.z@arcadiaca.gov
Copy to: Arcadia City Attorney
Best Best & Krieger LLP
2855 East Guasti Road, Suite 400
Ontario, CA 91761
Telephone: (909) 989-8584
Facsimile: (909) 944-1441
E-mail: StMhen.Deit,5ch,�i,,bb k-law.com
24347.00635',32302049.3
If to Owner: New World International, LLC
Attn: Andy Yong Zhang
2334 Golden Springs Drive, Suite 200
Diamond Bar, CA 91765
Phone: 95.1-907-9888
E-mail: andyCnew-vorldint.eom
With a copy to: Law Office of D. Wayne Leech, a Professional Corporation
Attn: D. Wayne Leech, Esq.
11.001 Main Street, Suite 200
El Monte, CA 91731
Phone.,626-443-0061
E-mail: wayme@leechlaw.corn
:Either party may, by notice given at any time; require subsequent notices to be
given to another person or entity, whether a party or an. officer or representative of a.
party, and/or to a different address or e-mail address. Notices given before actual receipt
of notice of change shall not be invalidated by the change.
3. :DEVELOPMENT OF THE PROPERTY.
3.1 Vested .Rights to Develop.
3.1.1 Project Entitlements/Density. Owner and its successors or assigns of the
Property permitted .hereunder are hereby granted the vested right to develop the Project in
accordance with the Entitlements, subject to the terms and conditions of the Applicable Rules
and the Reserved Powers. Without limiting the foregoing, the permitted uses, density, intensity
of use; maximum height and size of proposed buildings, the construction, installation and
extension of public improvements, development guidelines and standards, implementation
program for processing subsequent entitlements, and other conditions of Development of the
Property shall be those set forth in the Entitlements. The parties intend that this Agreement,
together with the Entitlements, shall serve as the definitive and controlling document for all
subsequent actions, discretionary or ministerial, related to the Development and occupancy of the
Project, except as expressly provided herein.
3.1.2 Minor Revisions. The parties acknowledge that refinement and further
development of the Project will require minor revisions from time to time. Unless otherwise
required by law, as determined in City Council's reasonable discretion, a. change to the
Entitlements shall be deemed "minor", shall be processed in accordance with this Section 3.1.2,
and shall not require an amendment to this Agreement or any further public notice or hearing
(including any hearing before the City Council, Planning Commission, or other body of the City)
provided such change does not result in any of the items listed in (a) through (e) below
occurring.
(a) Alter the permitted uses of the Property as a whole; or,
24347.00635\32302048.3
(b) Increase the density or intensity of use of the Property as a whole; or,
(c) Delete a requirement for the reservation or dedication of land for public
purposes within the Property as a whole, including but not limited to the
dedication of the Parking Easement as provided for in Section 4 of this
Agreement; or,
(d) Constitute a project requiring a subsequent or supplemental environmental
impact report pursuant to Section 21.166 of the Public Resources Code; or,
(e) Constitute an action for which notice or hearing, or both; is required by the
Due. Process clauses of the U.S. or California Constitution.
3.1.3 Subsequent Development Approvals. The City shall not require. Owner to
obtain any Subsequent Development Approval that is not required by the Applicable Rules or the
Reserved Powers. City hereby agrees that it shall not unreasonably withhold or further condition
its approval of any Discretionary Action relating to Subsequent Development Approvals.
3.1.4 Moratoria. in the event an ordinance, resolution, or other measure is
enacted, whether by action of the City, the qualified voters, by initiative, or otherwise, which.
relates to the rate; amount, timing;, sequencing, or phasing ,purportedly applying to the
Development of the Project on all or any part of the Property or the implementation or
construction of the Project, City agrees that, unless required by applicable state law, such
ordinance, resolution, or other measure shall not apply to the Project, Property or this
Agreement, unless such changes are adopted pursuant to the City's exercise of its Reserved
Powers.
3.1.5 Project Development. Development of the Property shall be subject to all
timing and phasing requirements established by this Agreement.
3.2 Reservation of Ri0its.
3.2.1 Limitations Reservations and ExcgRtions. Notv6thstanding any other
provision of this Agreement, the following regulations shall apply to the Development of the
Project as and to the extent that such regulations apply generally to similar developments
proposed or approved within the City of Arcadia;
(a) Development Impact Fees, Processing Fees and Charges, which shall be
levied and charged based on the amount in effect at the time the payment required to be made by
the Owner.
(b) Procedural regulations relating to hearing bodies, petitions, applications,
notices, findings, records; hearings, reports, recommendations, appeals, and any other matter of
procedure; provided such regulations do not unreasonably and materially interfere with the
development rights granted to Owner hereunder.
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24347.00435M102048 3
(c) Written regulations; policies, and rules approved by the City governing
engineering and construction standards and specifications applicable to public and private
improvements, including, without limitation, all uniform codes adopted by the City and any local
amendments to those codes adopted by the City; including, without limitation, the City's
Building Code, Plumbing Code, Mechanical Code, ;Electrical Code, Fire Code, and Grading
Code.
(d) Written regulations approved by the City that may be in material conflict
with this Agreement but that are reasonably necessary to protect the residents of the Project or
the immediate community from a condition perilous to their health or safety. To the extent
possible, any such regulations shall be applied and construed so as to provide Owner with the
rights and assurances provided under this Agreement.
(e) Written regulations approved by the City that are not in material conflict
with the Applicable Rules or the rights granted under Agreement. Without limiting the
foregoing, any regulation, whether adopted. by initiative or otherwise, limiting the rate or timing
of Development of the Property shall be deemed to materially conflict with the Applicable Rules
and shall therefore not be applicable to the Development of the Project.
(f) Written regulations approved by the City that are in material conflict with
the Applicable Rules; provided Owner has given written consent to the application of such
regulations to Development of the Property; or the Project, or any Phase.
(g) Written regulations approved by the City that impose, levy, alter; or
amend fees, charges, or Land Use Regulations relating to consumers or end users, as opposed to
Development, such as, without limitation, trash can placement; service charges and limitations.
on vehicle parking; provided, however, that no such fees, charges, or Land Use Regulations shall
materially interfere with or, impose an adverse material, burden upon the rights granted to Owner
or its consumers or end users under this .Agreement.
3.2.2 Modification or Suspension by State or Federal Law. In the event that
State, County, or Federal laws or regulations; enacted after the Effective Date of this Agreement,
prevent or preclude compliance with one or more of the provisions of this Agreement, such
provision(s) of this Agreement shall be modified or suspended as may be necessary to comply
with such. State, County, or Federal laws or regulations; provided, however, that this Agreement
shall remain in full force and effect to the extent it is not inconsistent with such laws or
regulations and to the extent such laws or regulations do not render such remaining provisions
impractical to enforce.
3.2.3 Intent. The parties acknowledge and agree that City is restricted in its
authority to limit certain aspects of its police power by contract and that the limitations,
reservations and exceptions contained in this Agreement are intended to reserve to City all of its
police power that cannot, by law, be expressly so limited. To this end, this Agreement shall be
construed, contrary to its stated terms if necessary, to reserve to City all such power and.
authority that, by taw, cannot be so restricted. This Agreement is intended to limit the City's
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24347.00635,3?302048.3
authority to adopt, amend, or otherwise alter the Applicable Rules during the Tenn, but not
thereafter.
3.3 Regulation by Other Public Agencies. It is acknowledged by the parties that other
public agencies, not within the control. of City, possess authority to regulate aspects of the
Development of the. Property separately from the City. This Agreement does not limit the
authority of such other public agencies. Nothing contained in this Agreement shall be construed
as limiting, in any way, the authority of the. City to impose on the Project any new or increased
development impact fees, linkage fees, exactions, assessments, fair share charges, or other
similar fees or charges adopted by any other public agency, but collected by the City.
4, PUBLIC BENEFITS— PARKING EASEMENT.
4.1 Intent. The parties acknowledge and agree that Development of the Property
could result in the reduction of needed public parking in the City's downtown area and further
acknowledge and agree that this Agreement; confers substantial private benefits on Owner that
should be balanced by commensurate public benefits, including ensuring continued availability
of public parking on the Property. Accordingly, the parties intend to provide consideration to the
public to balance the private benefits conferred on Owner by requiring the Owner, on. its own
behalf and on behalf of all successors in interest to the Property or any portion thereof, to provide
55 public parking spaces on the Property in perpetuity, to ensure that there is no loss of existing
public parking as a result of the development of the Property.
4.2 Parking Easement. Within thirty (30) days following the Effective Date of this
Agreement, Owner and City shall. enter into and record in the official records of Los Angeles
County the Parking Easement to provide the City access and use on behalf of the public of the
Public Parking to be developed on the Property as part of the Project. The Parking Easement
shall be in a senior lien position to any security interest or other liens recorded against the
Property by any private party. The Parking. Easement shall be in the form attached hereto as
Exhibit "C".
4,3 Parking Obligations Incorporated into CC&Rs. Owner shall additionally ensure
that the obligations to maintain and repair the 'Public Parking, and to maintain insurance in
accordance with the terms of the Parking Easement, and a mechanism to ensure adequate
funding to satisfy such obligations shall be incorporated into the CC&Rs prepared for the
development of the Property, to the reasonable satisfaction of the City.
4.4 Maintenance of Public Parking Prior to Construction. Owner covenants and
agrees that the 55 public parking spaces that are located on the Property as of the Effective Date
of this Agreement shall be maintained and available to the public until such time that Owner
obtains a building pertnit for all or part of the construction of the Project.
4.5 Com letionofPublicParkin .
4.5.1 Prior to issuance of a building pernlit for all or any portion of the Project,
Owner shall deliver to City a performance board, issued by a reputable bonding company
licensed to do business in California, and reasonably acceptable to Landlord, each in an amount
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24347.00635\32302048.3
not less than One Hundred Ten Percent (110 x) of the Public Parking Costs, to be payable to the
City and to be conditioned upon the faithful performance of any and all work required to be done
for the completion of the Public Parking. Said bond shall be further conditioned to the effect
that, should all work .required to be done hereby not be completed within the time speci€ied in
Section 4.5.2 below, the City may, at its option, cause all uncompleted work to be done and the
,parties executing the bond shall be formally bound for the payment of all necessary costs
therefor.
4.5.2 Owner shall ensure that the Public Parking completed and available to the
public no Eater than. 24 months following issuance of the first building permit for construction of
the Project.
4.5.3 In the event that Owner fails to complete the Public Parking within the
time provided for in Section 4.5.2 above, the bonding company providing the performance bond
under Section 4.5.1 shall have the duty to take over and complete the Public Parking .herein
specified However, if within fifteen (15) days after the servicing upon it of such notice of
breach, the bonding company does not give City written notice of its intention to take over the
performance of the contract, and does not commence performance thereof within twenty (20)
days after notice to such election, City may take over the work required to complete the Public
Parking and prosecute the same to completion, by contract or by any other method City may
deem advisable, for the account and at the expense of Owner and the bonding company shall be
liable to City for any excess cost or damages occasioned City thereby.
4.5.4 The remedies set forth in this Section. 4.5 applicable to the coFnpletion of
the Public Parking shall be in addition to the Remedies set forth in Section 5 of this Agreement,
and the process set forth in Section 4.5.3 hereof shad apply in the event Owner fails to complete
the Public Parking as provided herein.
DEFAULT AND REMEDIES.
5.1 Remedies in General. It is acknowledged by the parties that City would not have
entered into this Agreement if it were to be liable in damages under this Agreement, or with
respect to this Agreement or the application thereof. In general, each of the parties hereto may
pursue any remedy at law or equity available for the breach of any provision of this Agreement,
except that City shall not be liable in damages to Owner, or to any successor in interest of
Owner, or to any other person, and Owner, on behalf of itself and its successors and assigns
covenants not to sue for damages or claire any damages.
(a) For any breach of this Agreement or for any cause of action that arises out of this
Agreement; or
(b) For the taking, impairment, or restriction of any right or interest conveyed or
provided under or pursuant to this Agreement; or
(c) Arising out of or connected with any dispute, controversy; or issue regarding the
application or interpretation or effect of the provisions of this Agreement.
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24347M635\32302Q4R.3
5.2 Specific performance. The parties acknowledge that money damages and
remedies at law generally are inadequate and specific performance and other non -monetary relief
are particularly appropriate remedies for the enforcement of this Agreement and should be
available to all parties for the following reasons:
(a) Money damages are unavailable against City as provided in Section 5.1 above.
(b) City is entering into this Agreement in reliance on Owner ensuring that the public
parking required herein shall be made available to the public in perpetuity, and parking in
the downtown area is a finite resource that is not easily replaceable.
(c) Due to the size, nature, and scope of the Project, it may not be practical or
possible to restore the Property to its natural condition once implementation of this
Agreement has begun. After such implementation, Owner may be foreclosed from other
choices it may have had to utilize the Property or portions thereof. Owner.has invested
significant time and resources and performed extensive planning and processing of the
Project in agreeing to the terms of this Agreement and will be investing even more
significant time and resources in implementing the Project in reliance upon the terms of
this Agreement, and it is not possible to determine the sum of money which would
adequately compensate Owner for such efforts.
5.3 Release. Except for non -damage remedies, including the remedy of specific
performance and judicial review, Owner, for itself, its successors, and assignees, hereby releases
the City, its officials, officers, agents, and employees from any and all claims, demands, actions,
or suits of any kind or nature arising out of any liability, known or unknown. present or future,
including, but not limited to, any claim or liability based or asserted pursuant to Article 1, Section
19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any
other law or ordinance which seeks to impose any other liability or damage whatsoever upon the
City because it entered into this Agreement or because of the terms of this Agreement.
5.4 Default of Owner.
5.4.1 City may terminate or modify this Agreement for any failure of Owner to
perform any material duty or obligation of Owner under this Agreement, or to comply in good
faith with the terms of this Agreement (a "Default"); }provided, however, City may terminate or
modify this Agreement pursuant to this Section only after providing written notice to Owner of
Default setting forth the nature of the Default and the actions, if any, required. by Owner to cure
such Default and, where the Default can be cured, Owner has failed to take such actions and cure
such Default within 120 days after the effective date of such notice or, in the event that such
Default cannot be cured within such 120 day period but can be cured within a longer time, has
failed to commence the actions necessary to cure such Default within such 120 day period and to
diligently proceed to complete such actions and cure such Default. Without .limiting the nature
of the foregoing, any one or more of the following events will constitute a "Default" by Owner.
(a) Failure of Owner to enter into the Parking Easement and record
said Parking Easement against the Property in the time set forth in this Agreement;
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24347.00635M302Q48.3
(b) Failure of the fawner to complete and make the Public Parking
available as provided herein, provided however that in the event the Owner fails to complete the
Public Parking as provided herein the remedies set forth in Section 4.4 of this Agreem. ent shall
apply,
(c) Default by Owner in the observance of any of the other
agreements, conditions, representations, covenants or warranties on its part in the Entitlements,
this Agreement, or the Parking Easement: or
(d) The filing by Owner of a voluntary petition in bankruptcy, or
failure by Owner promptly to lift any execution, garnishment or attachment, or adjudication of
Owner as bankrupt, or assignment by Owner for the benefit of creditors; or the entry by Owner
an agreement of composition with. creditors, or the approval by a court of competent jurisdiction
of petition applicable to Owner in any proceedings instituted under the provisions of the Federal.
Bankruptcy Code. as amended, or under any similar acts which may hereinafter be amended.
5.4.2 City may, in ,lieu of terminating this Agreement and seeking damages
against owner for failure to provide the required parking, seek specific performance based on
Owner's failure to comply with one or more of the following obligations of this Agreement.
5.5 Default of City. Owner may terminate this Agreement only in the event of a
default by City in the performance of a material term of this. Agreement and only after providing
written notice to City of default setting forth the nature of the default and the actions, if any,
required by City to cure such default and, where the default can be cured, City has failed to take.
such actions and cure such default within 120 days after the effective date of such notice or, in
the event that such default cannot be cured within such I20 day period but can be cured within a
longer time, has failed to commence the actions necessary to cure such default within such 120
day period and to diligently proceed to complete such actions and cure such default.
6, LITIGATION.
5.1 General Plan Litigation. City has determined that this Agreement is consistent
with its Comprehensive General Plan, as such. General Plan exists as of the Effective Date
("General Plan"), and that the General Plan meets all requirements of law. Owner has reviewed
the Plans and concurs with City's determination. City shall have no liability in damages under
this Agreement for any failure of City to perform. under this Agreement or the inability of any
Owner to develop the Property as contemplated by this Agreement as the result of any judicial.
determination that, as of the Effective Date, or at any time thereafter. the Plans, or any portions
thereof, are invalid or inadequate or not in compliance with applicable law.
6.2 Third PaLty Litigation Concerning Agreement. Owner shall defend, at its
expense, including attorneys' fees, indemnify, and hold harmless City, its agents, officers, and
employees from any claire, action, or proceeding brought by a third party against City, its agents,
officers, or employees to attack, set aside, void, or annul the approval of this Agreement or the
Entitlements, except any such claim, action, or proceeding based on the General Plan. City shall
promptly notify Owner of any claim, action, proceeding; or determination included within this
-16-
24347,00635%,32302048,3
Section 6.2, and City shall cooperate in the defense. If City fails to promptly notify Owner of
any such claim, action, proceeding, or determination, or if City fails to cooperate in the defense,
Owner shall not thereafter be responsible to defend, indemnify, or hold harmless City. City may,
in its discretion, participate in the defense of any such claim, action, proceeding, or
determination, at its own expense..
6.3 Environmental Assurances. Owner shall indemnify and hold City, its officers,
agents, and employees free and harmless from any liability, based or asserted, upon any act or
omission. of Owner, and as long as there is no contributory act by City its officers, agents,
employees, subcontractors, predecessors in interest, successors, assigns, or independent
contractors, for any violation of any federal, state, or local law, ordinance, or regulation relating
to industrial hygiene or to environmental conditions on, under, or about the Property, including,
but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense,
including attorneys' fees, City, its officers, agents, and employees in any action based or asserted
upon any such alleged act or omission: City may in its discretion participate in the defense of
any such action.
6.4 Reservation of Rights. With respect to Section 6.1 herein, Owner reserves, and
with respect to Sections 6.2 and 6.3 herein, City reserves, the right to approve the attomey(s) that
the indemnifying party selects, hires, or otherwise engages to defend the indemnified party
hereunder, which approval shall not be unreasonably withheld.
6.5 Challenge to Entitlements. By accepting the benefits of this Agreement, Owner,
on behalf of itself and its successors in interest, hereby expressly agrees and covenants not to sue
or otherwise challenge any Land Use Regulation or Entitlements affecting the Property and .in
effect as of the Effective Date except to the extent any such Land Use .Regulation and/or
Entitlement may be improperly or illegally applied to Owner. Such agreement and covenant
includes, without limitation, the covenant against any direct suit by Owner or its successor in.
interest, or any participation, encouragement, or involvement whatsoever that is adverse to City
by Owner or its successor in interest, other than as part of required response to lawful orders of a
court or other body of competent jurisdiction.
7. MISCELLANEOUS PROVISIONS.
7.1 Recordation of _Agreement. This Agreement and any amendment or cancellation
thereof shall be recorded with the Los Angeles County Recorder by the Clerk of the City Council:
within ten (10) days after the City enters into the Agreement, in accordance with Section 65$611.5
of the Government Code, if the parties to this Agreement or their successors in interest amend or
cancel this Agreement, or if the City terminates or modifies this Agreement as provided herein
for failure of the Owner to comply in good faith with the terms and conditions of this Agreement,
the City Clerk shall have notice of such action recorded with the Los Angeles County Recorder,
7.2 Entire. Agreement. This Agreement sets forth and contains the entire
understanding and agreement of the parties, and there are no oral or written representations,
understandings, or ancillary covenants, undertakings, or agreements that are not contained or
expressly referred to herein. No testimony or evidence of any such representations,
--17
24347.006351323020483
understandings, or covenants shall be admissible in any proceeding of any kind or nature to
interpret or determine the terms or conditions of this Agreement.
7.3 Severability. If any terra, provision, covenant, or condition of this Agreement
shall be determined invalid, void, or unenforceable, the remainder of this Agreement shall not be
affected thereby to the extent such remaining provisions are not rendered impractical to perforin
taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the
provisions of Section 4 of this Agreement and the payment of the Development Impact Fees are
essential elements of this Agreement and City would not have entered into this, Agreement but
for such provisions and, therefore, in the event such provisions are determined to be invalid,
void, or unenforceable, this entire Agreement shall be null and void and of no force and effect
whatsoever.
7.4 Interpretation and Governing Law. This Agreement and any dispute arising
hereunder shall be governed and interpreted in accordance with the laws of the State of
California. This Agreement shall be construed as a whole according to its fair language and
common meaning to achieve the objectives and purposes of the parties hereto, and the rule of
construction to the effect that ambiguities are to be resolved against the drafting party shall not.
be. employed in interpreting this Agreement, all parties having been represented by counsel in the
negotiation and preparation hereof.
7.5 Section Headings. All section headings and subheadings are inserted for
convenience only and shall not affect any construction or interpretation.of this Agreement.
7.6 Singular and Plural. As used herein, the singular of any word includes the plural.
7.7 Time of Essence. Time is of the essence in the performance of the provisions of
this Agreement as to which time is an element.
7.8 Waiver. Failure by a party to insist upon the strict performance of any of the
provisions of this Agreement by the other party; or the failure by a party to exercise its rights
upon the default of the other party, shall not constitute a waiver of such party's right to insist and
demand strict compliance by the other party with the terms of this Agreement thereafter.
7.9 Third. Partv Beneficiaries. This Agreement is made and entered into for the sole
protection and benefit of the parties and their successors and assigns. No other person shall have
any right of action based upon any provision of this Agreement.
7.10 Force !Majeure. In addition to specific provisions of this Agreement, performance
by either party hereunder shall not be deemed to be in default, or considered to be a default,
where delays or defaults are due to the force majeure events of war, insurrection, strikes,
lockouts; riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy,
epidemics, quarantine restrictions, freight embargoes or lack of transportation, weather -caused
delays, inability to secure necessary labor, materials, or tools, delays of any contractors,
subcontractor, or supplier, which arc not attributable to the fault of the party claiming an
extension of time .to prepare, or acts or failure to act of any public or governmental agency or
entity. Am extension of time far any such force majeure-cause-shall-be for the period -of -the
-18
24347.00635U2302048,3
enforced dewy and shall commence to run from the date of occurrence of the delay; provided
however, that, the party that claims the existence of the delay has first provided the other party
with written notice of the occurrence of the delay within ten (10) days of the commencement of
such occurrence of delay. The inability of the Owner to obtain a satisfactory commitment from
one or more construction lender(s) for the Development of the Project or to satisfy any other
condition of this Agreement relating to the Development of the Project shall not be deemed to be
afarce majeure event or otherwise provide grounds for the assertion of the existence of a delay
under this Section. The parties hereto expressly acknowledge and agree that changes in either
general economic conditions or changes in the economic assumptions that may have provided a
basis for entering into this Agreement and that occur at any time after the execution of this
Agreement, are not force majeure events and do not provide any party with grounds for asserting
the existence of a delay in the performance of any covenant or undertaking that may arise under
this Agreement. .Each party expressly assumes the risk that changes in general economic
conditions or changes in such economic assumptions relating to the terms and covenants of this
Agreement could impose an inconvenience or hardship on the continued performance of such
party under this Agreement, but that such inconvenience or .hardship is not a force majeure event
and does not excuse the performance by such party of its obligations under this Agreement.
7.11 Mutual Covenants. The covenants contained herein are mutual covenants. In.
addition, the covenants contained herein also constitute conditions precedent to the concurrent or
subsequent performance by the party benefited thereby.
7.12 Successors in Interest. The burdens of this Agreement shall be binding upon, and
the benefits of this Agreement shall inure to, all successors in interest to the parties to this
Agreement; including, without limitation, any and all Hotel Condominium Unit Owners. All
provisions of this Agreement shall be enforceable as equitable servitudes and constitute
covenants running with the land, Each. covenant to do or refrain from doing some act hereunder
with regard to Development of the Property: (a) is for the benefit of and is a burden upon every
portion of the Property; (b) runs with the Property and each portion thereof; and (c) is binding
upon each party, each of Owner's assignees and successors in interest, during their respective
ownership of the .Property or any portion thereof.
7.13 Counterparts. This Agreement may be executed by the parties in counterparts,
which counterparts shall be construed together and have the same effect as if all of the parties
had executed the same instrument.
7.14 Jurisdiction and Venue. Any action at law or in equity arising; under this
Agreement or brought by a party hereto for the purpose of enforcing, construing, or determining
the validity of any provision of this Agreement shall be filed and tried in the Superior Court of
the County of Los Angeles, State of California, and the parties hereto waive all provisions of law
providing for the filing, removal, or change of venue to any other court.
7.15 Project as a Private Undcrtakin . It is specifically understood and agreed by and
beMteen the parties hereto that the Development of the Project is a private undertaking, that
neither party is acting as the agent of the other in any respect hereunder, and that each party is an
independent contracting entity with respect to the terms, covenants, and conditions contained in
- 19-
24347M635 32.302048.3
this Agreement, No partnership, joint venture, or other association of any kind is formed by this
Agreement. The only relationship between City and Owner is that of a government entity
regulating the development of private property and the owner of such property,
7.16 Further Actions and Instruments. Each of the parties shall cooperate with and
provide reasonable assistance to the other to the extent contemplated hereunder in the
performance of all obligations under this Agreement and the satisfaction of the conditions of this
Agreement. Upon the request of either party at any time, the other party shall promptly execute,
with acknowledgment or affidavit if reasonably required, and file or record such required
instruments and writings and take any actions as may be reasonably necessary under the terms of
this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to
evidence or consummate the transactions contemplated by this Agreement.
7.17 Eminent Domain. leo provision of this Agreement shall he construed to limit or
restrict the exercise by City of its power of eminent domain.
7.18 Agent for Service of Process. In the event Owner is not a resident of the State of
California or is an association, partnership, or joint venture without a member, partner, or joint
venturer resident of the State of California, or is a foreign corporation, then in any such event,
Owner shall file with the Development Services Director, upon its execution of this Agreement,
a designation of a natural person residing in the State of California, giving his or her name;
residence, and business addresses, as its agent for the purpose of service of process in any court
action arising out of or based upon this Agreement, and the delivery to such agent of a copy of
any process in any such action shall constitute valid service upon such party. If for any reason
service of such process upon such agent is not feasible, then in such event such party may be
personally served with such process out of this County and such service shall constitute valid
service upon such party. Owner is amenable to the process so served, submits to the jurisdiction
of the Court so obtained and waives any and all objections and. protests thereto. Owner for itself,
assigns, and successors hereby waives the provisions of the Hague Convention (Convention on
the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters, 20
U.S.T. 361, T.I.A.S. No. 6638). Copies of any service of process served on Owner shall be
provided to any pernitted, assignee of such party signed in accordance with Section 2.4 of this
Agreement.
7.19 Authority to Execute. The person or persons executing this Agreement on behalf
of each party warrants and represents to the other that he, or she/they has/have the authority to
execute this Agreement on behalf of his or her/their corporation, partnership, or business entity
or the City, as the case may be, and further warrants and represents that he or she/they has/have
the authority to bind City or such Owner, as the case may be, to the performance of the
respective party's obligations hereunder.
7.20 Days. Any referenced in this Agreement to the term "day" shall mean calendar
days, or any portion thereof
-20-
24347.00635'32302048.3
20-
24 347.0!3635132302045:3
IN WITNESS WHEREOF, the parties hereto have executed this Development
Agreement on the last day and year set forth below.
"OWNER"
NEW WORLD INTERNATIONAL, LLC,
a California limited li
By:
ity company
Print Name:
Date:
By:
Print Name:
Date:
"CITY"
CITY OF ARCADIA, a California municipal
corporation and charter law�cj ty
By: Ae-.,
Roge Chandler, Mayor
Date: 10"16"2m
ATTEST:
By:
Linda Rodriguez
Assistant City Clerk
APPROVED AS TO LEGAL FORM:
BEST BEST & KRIEGER LLP
-- �" P
46=4
City Attorney
-21-
24347.00635\32302048.3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of CaliforniaL)
/ r
County of
On , 70 before me, OZIC ,
Date Here Insert Name and Title of thW Officer
personally appeared oig 74mk
Na (s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/
subscribed to the within instrument and acknowledged to a that he/SW/ y executed the same In
his eir authorized capacity(ies), and that by his/;: Ir signatures) on the Instrument the person(s),
or he entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS7UNotaryPublic
seal.
0...,
XIAOFEI WU
Notary Public - CaliforniaLos Angeles County vCommission # 2333379SignatureMy Comm. Expires Sep 12, 2024
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: '
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s): _
❑ Partner — ❑ Limited ❑ General
[a Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
M4111115710ffi Mal
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s): _
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
EXHIBIT "A"
Legal Description of the Property
[Attached behind this page]
Exhibit "A"
24347.00635'1323020483
PARCEL 1:
LOTS 25 TO 30 INCLUSIVE, BLOCK 75 OF MAP OF A PART OF SANTA ANITA TRACT, IN
THE CITY OF ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER
MAP RECORDED 1N BOOK 15, PAGES 89 AND 90 OF MISCELLANEOUS RECORDS, IN
THE OFFICE OF COUNTY RECORDER OF SAID COUNTY.
APNs: 5778-010-018 THRU 021, 5773-010-901
REFERNCES:
R1: 4' SNIDE PUBLIC UTILITY EASEMENT TO SCE PER DEED RECORDED JANUARY 19,
1973 AS INSTRUMENT NO. 2607 OF OFFICIAL RECORDS.
PARCEL 2:
LOTS 5, 6, 7 AND 8, BLOCK 75 OF MAP OF A PART OF SANTA ANITA TRACT, IN THE CITY
OR ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOCK 15, PAGES 89 AND 90 OF MISCELLANEOUS RECORDS, IN THE
OFFICE OF COUNTY RECORDER OF SAID COUNTY.
EXCEPT THE EAST 10 FEET OF SAID LOT 8.
ALSO EXCEPT THE SOUTHERLY 15 FEET OF SAID LOTS 5, 6, 7 AND 8 THEREOF
CONDEMNED TO CITY OF ARCADIA FOR STREET AND HIGHWAY PURPOSES BY DEED
RECORDED NOVEMBER 6, 1995 IN BOOK 13761, PAGE 210, OF OFFICIAL RECORDS.
APNs: 5773-010-007 AND 5773-010-008
REFERENCES:
R1: BLOCK 75, MAP OF A PART OF ARCADIA SANTA ANITA TRACT, M.R. 15189-90.
R2: 15' WIDE PROPERTY DEEDED TO CITY OF ARCADIA FOR STREET AND HIGHWAY
PURPOSES PER DEED RECORDED NOVEMBER 6, 1955 IN BOOK 13761, PAGE 210 OF
OFFICIAL RECORDS.
EXHIBIT"B"
Site .Pian
[Attached behind this page]
.Exhibit `B"
2434-TOU63592302048.3
. Wheeler Ave. IF� -
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a
EXHIBIT "C"
Parking Easement
[Attached behind this page]
24347,00635,82302048.3
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