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HomeMy WebLinkAboutD-2916�• r A This page is part of your document - DO NOT DISCARD 202' 0056117 IIIIII (IIII VIII (IIII (IIII VIII VIII (IIII VIII IIII Ililllllllllll Recorded/Filed in Official Records Recorder's Office, Los Angeles County, California 01/16/21 AT 01:16PM FEES: TAXES: OTHER: 0 P00� 10 0.00 0.00 0.00 PAID: 0.00 IIhIYNIIIIIIIII�IIIII��IInIIIVIIYV�IIVIIIVNIVNIIV�IIII�IY�llll LEADSHEET lullllllllliflll!IIII1IIIInIIIUIIIIIIIIIII11YIIIIIIUIIIIYIIIullfllilldlll 202101153000037 00019667698 011592116 SEQ: 01 irrAWDAR A-nMail rmukeoTHIS FORM IS NOT TO BE DUPLICATED ini��v � imuu��ummmmu�nuiuniim A& RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Arcadia Attn: Assistant City Manager 240 W. Huntington Dr. Arcadia, CA, 91007 (Space Above Line for Recorder's Use Only) 79567598 IN�I�III�YIIIIII�IINIIIIIII�IVIIIIu Batch Number:^ 11592116 �IIIIIIIIIII�II�IIII��II��III�I��III GRANT AND DECLARATION OF PUBLIC ART SPACE CONDITIONS, COVENANTS AND RESTRICTIONS: EASEMENT AND SUBORDINATION AGREEMENT This Grant and Declaration of Public Art Space Conditions, Covenants and Restrictions and Easement (the "Declaration") is made as of Octoberl, 2020 by SAICP LLC, a California limited liability company ("Declarant") for the benefit of the City of Arcadia (the "City"). Declarant and the City may each at times be referred to herein as a "Party" or as the "Parties". A. Declarant is the fee owner of a parcel of real property located in the City Arcadia, California, as described on the attached Exhibit "A" (the "Merged Lots"). The Merged Lots were created by Certificate of Compliance (Non -Conditional) Lot Line Adjustment No. LLA 18-30 between Parcel A and Parcel B recorded on July 16, 2018 as Instrument No. 20180706846 in the Official Records of the County Recorder of Los Angeles County. B. Prior to the creation of the Merged Lots, the City conveyed the real property described in Exhibit `B" to Declarant by a Grant Deed (the "City Deed") recorded on June 13, 2018 as Instrument No. 20180586770 in the Official Records of the County Recorder of Los Angeles County (the "Parcel"). The City Deed contains certain covenants, conditions and restrictions regarding the Parcel. C. Thereafter, the Parcel became a part of the Merged Lots. D. It was the intention of the Declarant and the City that following the recording of the City Deed there would also be recorded a Grant and Declaration of Public Art Space Conditions, Covenants and Restrictions, but that document was not recorded. The Parties now intend to record this document to fully state the covenants, conditions and restrictions applicable to the Parcel, and provide for easement rights in favor of the City regarding the Parcel. E. As part of the acquisition of the Parcel, Declarant has agreed that: 1. The Parcel is located in a prominent location in the City which is and will be seen by thousands of people on a regular basis. The proposed development project for the land adjacent to the Parcel will benefit by the Parcel being maintained in a condition as to make it attractive to all who pass by the Parcel and the adjacent parcels of land. 2. As part of the purchase of the Parcel, the Declarant and the City agreed that it is best that the Parcel be kept free of buildings, and that it be appropriately landscaped/hardscaped in a manner approved by City and that it have on it a work of art in the form of a work of public art which will be attractive to those who view the Parcel (the "Public Art"). 3. The Declarant has further agreed with the City that it will pay a specified and agreed sum for the installation and ongoing annual maintenance of the Public Art. The Public Art will be installed in coordination with City as soon as the Parcel has been landscaped, and shall be illuminated appropriately as a permanent installation. The Declarant has further agreed that once it is installed, the Public Art may never be removed without the express written permission of City. F. Declarant desires to enter into and record this Declaration for itself, its successors and assigns to declare that the Parcel is to be held, sold, leased and conveyed subject to the covenants, conditions and restrictions herein declared and which covenants, conditions, and restrictions shall be in full force and effect in perpetuity. G. The Merged Lots are encumbered by a Deed of Trust (the "Deed of Trust") recorded on June 13, 2019 as Instrument Number 20190510186 in the Official Records of the County of Los Angeles, for the benefit of Acres Loan Origination, LLC, a Delaware limited liability company, as Administrative Agent (the "Beneficiary"). Solely for the purpose of the Subordination provided for herein, the Beneficiary is executing this Agreement. NOW, THEREFORE, Declarant hereby declares, for itself, its successors and assigns, the covenants, conditions and restrictions over the Parcel, which shall be appurtenant to the Parcel when conveyed in any manner, as follows: 1. Declaration of Covenants. Conditions and Restrictions. Declarant declares that the following covenants, conditions and restrictions shall hereafter perpetually bind the Parcel: (a) The Parcel shall be perpetually used solely for the display of the Public Art, and the Public Art may not be thereafter removed or altered without the express written consent of the City; (b) The Parcel shall be hardscaped and landscaped in a manner acceptable to the City and shall thereafter be maintained in first class condition by the Declarant; and, (c) The Parcel will be kept free of buildings and any other types of structures. 2. Public Benefit. This Declaration is made for the public benefit of the City. 3. Enforcement and Remedies. The provisions of this Declaration, and the conditions, covenants and restrictions declared, established and created herein may be enforced by the City in proceedings at law or in equity, including without limitation: (a) Right of Action. All actions at law for damages, and/or all equitable remedies shall be available to redress or to prevent violation of any provision, easement, covenant, condition, or restriction of this Declaration. 2 (b) Nuisance. To the full extent permitted by applicable law, the result of every act or omission whereby any provision, easement, covenant, condition, or restriction of this Declaration is violated, in whole or in part, is hereby declared to be and does constitute a nuisance, and every remedy allowed by law or equity against a private nuisance shall be available to redress or prevent every act or omission with such a result. 4. Covenants. Conditions and Restrictions to Run with the Parcel. The covenants, conditions and restrictions declared in this Declaration shall be interests in the Parcel. The rights and obligations provided in this Declaration shall be appurtenant to and shall run with the Parcel in perpetuity, and the benefits and burdens of this Declaration shall bind and benefit all parties having or acquiring any right, title or interest in the Parcel, or any part of the Parcel. Upon. recordation of this Declaration, every person or entity that now or hereafter owns or acquires any right, title or interest in or to all or any portion of the Parcel is and shall be conclusively deemed to have consented and agreed to every provision of this Declaration, and every easement, covenant, condition, and restriction created by this Declaration, whether or not any reference to this Declaration is contained in the instrument by which such person or entity acquired such interest in such Parcel. This Declaration may never be amended, modified or terminated without the express written consent of the City, which may be withheld by it in its sole discretion. 5. Assignment. Declarant may assign all or any of its rights or obligations under this Declaration at any time to any successor in interest in all or any portion of the Parcel (a "Successor"). Upon any assignment of rights or obligations by Declarant or a Successor as permitted above, Declarant or such Successor may retain such of its rights and obligations, if any, under this Declaration as Declarant or such Successor may desire, with the right to assign such rights and obligations to a Successor in one or more further assignments from time to time in the future. Any and each such assignment of rights or obligations to a Successor pursuant to this Section shall be evidenced by a writing recorded in the Official Records of the County, which shall include a written acceptance of such rights and assumption of such obligations on behalf of the Successor. Upon a Successor's assumption of an obligation of Declarant under this Declaration, Declarant (or the assigning Successor, as applicable) shall have no responsibility for any further performance of such obligation, but shall remain liable for such performance and breaches occurring during the period that Declarant (or such assigning Successor, as applicable) held such obligation hereunder. 6. Grant of Easement. Declarant hereby grants to City as grantee, for the benefit the City, a non-exclusive easement upon, over, across and through the Parcel. By this grant, the City shall have access to the Parcel for the purpose of inspecting the Public Art, and should Declarant fail to maintain the Parcel or the Public Art as required by this Declaration, the City shall have the right to enter upon the Parcel to perform maintenance and repairs to the Parcel, said maintenance and repairs to be paid for by Declarant. In the event Declarant fails or refuses to pay when due any amount owed by Declarant for maintenance or repairs, which failure continues for a period of thirty (30) days after receipt of written notice thereof, such failure will constitute a default of this Agreement and City will have a lien on the Parcel for the amount of said unpaid amount, which lien will only be effective when filed for record by Grantor as a claim of lien against the Parcel in the office of the Recorder of the County of Los Angeles County, signed and verified, which must contain at least: (i) an itemized statement of all amounts due and payable pursuant hereto; (ii) a description sufficient of the Owned Parcel; and (iii) the name of the owner of the Parcel. The lien may be enforced and foreclosed in a suit or action brought in any court of competent jurisdiction. 7. Miscellaneous Provisions. (a) Cumulative Remedies. All rights, options and remedies declared herein are cumulative and no one of them shall be exclusive of any other. The Declaration may be enforced by pursuit of any one or all of the rights, options, and remedies available pursuant to this Declaration, or any other remedy or relief provided by law. (b) Notices. Any notice, request, demand, consent, approval, payment, or other communication required or permitted to be made hereunder or by law shall validly be given or made only if in writing and delivered in person to an officer or duly authorized representative of the addressee, or deposited in the United States mail, duly certified or registered (return receipt requested), postage prepaid, and directed to the addressee for whom intended at an address furnished by addressee for the purpose of such communications. If no address is provided, communications may be delivered to the principal office or place of business of the addressee. (c) Attorneys' Fees. In the event of any controversy, claim or dispute relating to this Declaration or the breach thereof, the prevailing party shall be entitled to recover from the losing party expenses, attorneys' fees and costs actually and reasonably incurred. (d) Captions. The section headings used in this Declaration are for convenience only, and do not modify, alter, or add to the terms in the Declaration. (e) Severabilii v. If any term, provision, easement, covenant or condition of this Declaration is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Declaration shall not be affected thereby, and each term, provision, easement, covenant, condition, or restriction of this Declaration shall be valid and enforceable to the fullest extent permitted by law. (f) Governing Law. This Declaration shall be construed and enforced in accordance with the laws of the State of California. (g) Waiver. The waiver of any breach of any provision, easement, covenant, condition or restriction of this Declaration by the City or its successor shall not be deemed to be a waiver of such right or of any preceding or subsequent breach of the same or any other provision, easement, covenant, condition or restriction. 8. Equitable Servitudes. Each of the conditions, restrictions, and covenants set forth herein above are equitable servitudes and shall run with the land and be binding on the parties hereto and on their successors -in -interest as owners of any real property interest in all or any portion of the Parcel. 9. Representation of Authority Declarant represents that the person or persons executing this Declaration on its behalf has the legal authority to do so, and Declarant waives any right to contest this Declaration based upon a claim that the signatory lacked the requisite authority. 4 10. Subordination of Priority of Deed of Trust. Beneficiary acknowledges that the Public Art, and the use of the Parcel area, are of material benefit to the City and to the Public, and Beneficiary therefore agrees that the lien of the Deed of Trust should be subordinate to this Declaration. The Deed of Trust is hereby unconditionally made subordinate to this Declaration. The enforcement of the Deed of Trust shall not terminate this Declaration or disturb the City with respect to its rights, including but not limited to, its easement rights, in the Parcel. Nothing contained herein gives the City any rights or obligations as to the remainder of the Merged Lots, IN WITNESS WHEREOF, Declarant has executed this instrument as of the day and year first above written. SAICP LLC, a California limited liability company, By: Its: SAICP LLC, a California limited liability company, By: .� �. Its: Manager Acres Loan Origination, LLC, a Delaware limited liability company, as Administrative Agent hereby executes this Declaration solely as to the Subordination provided for in Section 10. Acres Loan Origination, LLC, a Delaware limited liability company, as Administrative Agent, IM Its: 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 California County of Los Angeles On Oft 16 2020 before me, KE JIA WAN a Nota Public appeared Notary ,personally who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the 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. WITNESS my hand and official seal, qo,"AM,# JIA WAN 303768 9 Y PUBLIC. CALIFORNIA 6) LOS ANGELES COUNTY 0 OIdL!. EXPIRES SEPT. 28. 2023 Signature H notary pumnc 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 California County of Los Angeles On Oct 29 2020 before me, KE JIA WAN a Notary Public, personally appeared wen Fel Shen , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the 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. WITNESS my hand and official seal. r ;��• KE JIA WAN U COMM.{ 2303768 NOTARY PUBLIC . CALIFORNIA LOS ANGELES COUNTY 0 COMM. EXPIRES SEPT. 28, 2023 Signature j IN 10. Subordination. of Priori M of Deed of Trust. Beneficiary acknowledges that the Public Art, and the use of the Parcel area, are of material benefit to the City and to the Public, and Beneficiary therefore agrees that the lien of the Deed of Trust should be subordinate to this Declaration. The Deed of Trust is hereby unconditionally made subordinate to this Declaration. The enforcement of the Deed of Trust shall not terminate this Declaration or disturb the City with respect to its rights, including but not limited to, its easement rights, in the Parcel. Nothing contained herein gives the City any rights or obligations as to the remainder of the Merged Lots. IN WITNESS WHEREOF, Declarant has executed this instrument as of the day and year first above written. SAICP LLC, a California limited liability company, By. - Its: 1�fi SAICP LLC, a California limited liability company, LIN Its: Acres Loan Origination, LLC, a Delaware limited liability company, as Administrative Agent hereby executes this Declaration solely as to the Subordination provided for in Section 10, Acres Loan Origination, LLC, a Delaware limited liability company, as Adi nistrativy,,Agent, By: Its: 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 California County of Los Angeles On Oft 16 2020 before me, KE JIA WAN , a Notary Public, personally appeared F.ri r rhern , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrumenx:-" I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is trite and correct. . WITNESS my hand and official seal, KE JlA W`4. AN �,utOlrAi,RPBCCoan0A�NYU4 tA Q LOS ANGELES country GgAIRE3 SfPt. 2S..T02 Signature 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 Gelifit a- ) County of L--+oys-A°ngt ) On � rnl "1 .1p fore me, �_J, , a Notary Public, personally appeared ILac;-!1 , who proved to me on the basis of satisfactory evidence to be the person s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the 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. WITNESS my hand and official seal. Signature JACLYN A. JESBERGER NOTARY PUBLIC -STATE OF NEW YORK No. 02JE60691 16 Qualified In Nassau County My Commission Expires January 22, 202 Z EXHIBIT "A" The tend heneWar referred to is afluated in the CIO of Arc edlp, county of Los Angolas, S1ebe of CA, and Is described as fWto m Parcel 1: That Wish Pam Of land Situated in the City of Arcadia, Countyof Los Angeies, State of Celifomhl, mng valn that porton of Lot 6 of Trot No. 848 as shown an a map thef d filed In gook 17, Page 13 of Maps, more pwkuWV described as rat 1 d C.&V"y crate of oDwObnce (�aQ Lot Um Ad,Juatment No. LLA 18-30 lin Pavel A end Parcel s recorded .kliy 16, 2018 as InslnSnardt No. 201807066 of Oflic�t Records, ell in the d los of doe County recorder of said Los Angeles County. F-xoepting therefrom that portion lying SoutaweaWy of the f0UW rg deecdbed he.. 13e91mtng at a point In the Southsagerly Bne of said Lot 1, dlatSnt thereon North 37' 41713" East 261.11 feet from the said toner of sold Lot 1; thence along a Ane parallel with the Southeasterly segment of the Southw ostarly Ilse of ts Y pmlongatton North 52 19' 4r W eat 443M feet to the Northyyes MY One of Sold Lot 1. Said land Is LLA-803a LA- &0 aeLot fins Adjustment between LotLot 1 dr F 1 ti jj" N20w190 �10t}. of Oft 01 Records. ExoePVng horn a portion of said land as grana to The City of Addle In deed recorded May 18. 2019 as HertrurnoM Number 20190448602 Of OtAaal Rem, as described as fokm&- Beginning at a point In the Scudwmts* One of Bald Lot 1, dlstent thereon South 37' 40 13" West 6.00 feet from the easterly comer of sold tot; trenoe North 01. 00' 42' Wed 6.26 feet to a point in the Norev*Arte of said thLoi. dlsteart ereon North 89' 08' 49* test 5.00 root from Rae point of e"Inrdng. Parcel 2. Irrevoc*e, non eardustve easements Created by artd as described In that certain DeclaraSon of covenants, Condition Rune and Esteb'Wm ant of Pemranwd EVemani6 for Seablscxdt Mica Shared Parkes dated as of May 23, 2019, and reoorded Mey29, 2019, es Instrument No. 2019049169, of OrxW Reooftj . . 24347.00600\3336750 1.1 A-1 �* aANt aU ,# BRAY f f. * No. 7305 Nom. Exp. d r ,'�F CAi-�FQ �N ate=