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03 3098693
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Assessor's Identification Number (AIN)
To be completed by Examiner OR Title Company in black ink.
A THIS FORM NOT TO BE DUPLICATED
D.T.T
Number of Parcels Shown
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RECORDING REQUESTED BY AND .
WHEN RECORDED MAIL TO:
City of Arcadia
240 W. Huntington Drive
Arcadia, CA 91066
ATTN: Development Services Department/
Engineering Division
Exempt from Recording Fee per
Government Code X27383
(Space above for Recorder's Use)
SIDEWALK DEVELOPMENT
AND
DEDICATION AGREEMENT
BETWEEN
THE CITY OF ARCADIA
a California municipal corporation
.�1
PHMJ, LLC
a Delaware limited liability company
d /b /a Golden West Properties
[Dated as of May 20, 2003 for reference purposes only]
RVPUB \SPD \653331
SIDEWALK DEVELOPMENT
AND
DEDICATION AGREEMENT
1. PARTIES, EFFECTIVE DATE AND TERM.
This Sidewalk Development and Dedication Agreement ( "Agreement ") is made by
PHMJ, LLC, a Delaware limited liability company, d /b /a Golden West Properties, ( "PHMJ ") and
the City of Arcadia, a California municipal corporation ( "City "). This Agreement shall become
effective upon the latter of (i) the date this Agreement is approved for signature by the City
Council of City and executed by City's authorized representative, and (ii) the date this Agreement
is approved by the governing board of PHMJ and executed by PHMJ's authorized representative
( "Effective Date "). PHMJ and City are hereinafter sometimes referred to individually as "Party"
and collectively as "Parties."
The term of this Agreement ( "Term ") shall commence on the Effective Date and shall
remain in effect in perpetuity. Notwithstanding the above, (a) this Agreement shall automatically
terminate and shall have no further force or effect if City has not awarded a contract for
installation and construction of the City hnprovements described in Section 6 of this Agreement
(the "Award of Contract ") on or before July 15, 2004, and (b) neither this Agreement nor its
termination shall have any result or effect upon City's power to vacate the City Parcel, PHMJ
Parcel or Baldwin Avenue, a. City of Arcadia public right -of- -way, under the authority provided in
Section 8330, et seq. of the California Streets and Highways Code.
2. RECITALS.
2.1 PHMJ is the owner in fee simple of a certain strip of property measuring
twenty feet (20') in width situated adjacent to the west side of Baldwin Avenue, between Naomi
Avenue and Duarte Road ( "Property "). The Property fronts the entire east side of the shopping
center ( "Center ") owned by PHMJ.
2.2 PHMJ desires to dedicate a portion of the Property, in fee, to the City
( "City Parcel ") in exchange for City's commitment to improve and maintain the Property in order
to create an improved streetscape and to increase available parallel vehicle parking (subject to
future determinations by City that the continuance of such parallel parking is both safe and not
detrimental to reasonable traffic flow) in front of the Center. PHMJ further desires to retain its
fee ownership in the remainder of the Property ( "PHMJ Parcel "). The City Parcel is described in
attached Exhibit "A" and the PHMJ Parcel is described in attached Exhibit "B " .
2.3 Concurrent with dedicating the City Parcel to City, PHMJ desires to grant
to City a perpetual easement of access and use ( "Easement ") upon the PHMJ Parcel, except for
that portion of the PHMJ Parcel that PHMJ intends to use for the erection of an elevated
triangular monument structure ( "Monument ") upon which PHMJ will post various advertising
RVPUB \SPD \653331 1
media in accordance with plans approved by City. The portion of the PHMJ Parcel which will be
occupied b the support structure of the Monument and which is excepted from the Easement
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shall be termed the "PHMJ Retained Area" and is described in attached Exhibit "C " . The
Easement shall permit the City to landscape, maintain and otherwise preserve that part of the
PHMJ Parcel covered by the Easement.
2.4 Accepting the dedication in fee of the City Parcel, accepting the Easement
upon the PHMJ Parcel and developing both Parcels will promote the health, safety, welfare and
morals of the citizens of City and will contribute to the economic base of City.
2.5 City represents and warrants that the dedication of the City Parcel and the
grant of the Easement to the City, and the creation of the PHMJ Parcel, are exempt from or
otherwise .in compliance with the California Subdivision Map Act, Government Code section
66410, et seq., and in particular Government Code section 66428.
In consideration of the mutual undertakings herein, PHMJ and City agree as follows:
3. CITY PARCEL - DEDICATION /RECONVEYANCE.
PHMJ hereby agrees to dedicate the City Parcel to City. Concurrently with this
dedication, PHMJ shall prepare and execute a grant deed in substantially the form and substance
as attached Exhibit "D," suitable for recording by City upon the Award of Contract,and
containing a legal description of the City Parcel ( "Grant Deed "). City shall retain the Grant Deed
and is hereby given irrevocable authority by PHMJ to record the Grant Deed upon the Award of
Contract.
Notwithstanding any other provision of this Agreement, it shall be a condition precedent
to City's acceptance of the City Parcel and the Parties' rights and obligations contained in this
Agreement, that PHMJ shall provide evidence to City, in form and substance acceptable to City,
that PHMJ has obtained agreements of partial reconveyance from all holders of mortgages, deeds
of trust, liens and other encumbrances over the City Parcel releasing the City Parcel from said
mortgages, deeds of trust, liens and other encumbrances as of the date of recordation by City of
the Grant Deed.
4. PHMJ PARCEL - GRANT OF EASEMENT.
PHMJ, for itself and its grantees, successors and assigns, further hereby GRANTS,
BARGAINS and CONVEYS to City, and its successors and assigns, a permanent and non-
exclusive Easement in, over, under and through the PHMJ Parcel for the purpose of landscaping,
maintenance, repair, and reconstruction of City Improvements upon the PHMJ Parcel, together
with the reasonable right of access to said Easement for said purposes, to serve and benefit City;
excepting, however the Monument and PHMJ Retained Area, to which PHMJ shall continue to
have the sole and exclusive rights of access and use and shall have sole and exclusive
responsibility.
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Concurrently with the execution of this Agreement, PHMJ shall prepare and execute a
Grant of Easement in substantially the form and substance as attached Exhibit "E " , suitable for
recording by City upon the Award 'of Contract, and containing a legal description of that portion
of the PHMJ Parcel described above and covered by the Easement.
Notwithstanding any other provision of this Agreement, it shall be a condition precedent
to City's acceptance of the Easement and the Parties' rights and obligations contained in this
Agreement, that PHMJ shall provide evidence to City, in form and substance acceptable to City,
that PHMJ has obtained agreements of partial reconveyance from all holders of mortgages, deeds
of trust, liens and other encumbrances over the Easement releasing the Easement from said
mortgages, deeds of trust, liens and other encumbrances as of the date of recordation by City of
the Grant of Easement.
The Easement shall continue in force and effect (i) for the term of this Agreement, or (ii)
until the Easement is abandoned by City. For purposes of this Agreement, it shall be presumed
by the Parties that the Easement is "abandoned" by City when City fails to use the PHMJ Parcel
for a period of one (1) continuous year.
5. PROPERTY TAXES.
All real property taxes, assessments and utilities on the City Parcel, if any, will be
prorated between the parties as of the date the Grant Deed is recorded. PHMJ will be responsible
for any supplemental or other real property taxes or assessments relating to any period prior to
the date the Grant Deed is recorded.
6. CITY'S DEVELOPMENT AND MAINTENANCE OBLIGATIONS.
City shall complete the following improvements ( "City Improvements ") on the Property:
an approximately ten foot (10') wide sidewalk on the west side of the City Parcel;
and
construction of landscaped "bow- outs" on the east side of the City Parcel for
purposes of parallel vehicle parking (subject to future determinations by City that
the continuance of such parallel parking is both safe and not detrimental to
reasonable traffic flow); and
planting of trees and other landscaping in the "bow out" areas.
The scope of the City Improvements is more specifically set forth in attached Exhibit "F " .
City shall develop the City Improvements in compliance with applicable laws, at its sole cost and
expense. City shall complete the City Improvements on or before July 15, 2005.
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03 3098693
Notwithstanding any provision herein to the contrary and the construction and installation
of parallel vehicle parking on the City Parcel, the Parties agree (a) that City may, in its sole and
absolute discretion, cease use of the City Parcel for purposes of vehicle parking if the City
Engineer determines that the continuance of such parking is either unsafe or detrimental to
reasonable traffic flow; and (b) that such cessation of parking shall not constitute a violation of
this Agreement or a breach of City's obligations thereunder, shall not alone constitute failure of
City to use the PHMJ Parcel, shall not alone be deemed to constitute abandonment by City of the
PHMJ Parcel, and shall not alone be grounds for termination of this Agreement by PHMJ or
otherwise.
City and PHMJ agree that there are presently two (2) signs situated on the City Parcel
adjacent to Baldwin Avenue ( "Signs "). Separate and apart from City Improvements, City shall
remove both Signs currently situated on the City Parcel after the Monument has been installed.
7. PHMJ's DEVELOPMENT AND MAINTENANCE OBLIGATIONS.
PHMJ is in the process of installing the Monument. PHMJ shall complete construction of
the Monument on or before December 15, 2003. Upon completing construction of the
Monument, PHMJ shall provide City with a written notice of completion and City shall have
thirty (30) days following receipt of the notice of completion within which to inspect the
Monument. The City's approval of the Monument construction shall be contingent on PHMJ
completing corrective action, if any, on the Monument in order to bring the Monument into
compliance with those plans which have been approved by the City.
At all times during the Tenn, PHMJ shall maintain, or cause to be maintained, the interior
and exterior appearances of the Monument and PHMJ Retained Area in a good condition,
ordinary wear and tear excepted, free from an accumulation of trash or other debris, and shall
promptly remove, or cause the removal of, all graffiti placed upon the Monument. PHMJ shall
also maintain, or cause to be maintained, the lighting, signage, and any other mechanical features
of the Monument in good condition and repair. The maintenance required of PHMJ by this
paragraph shall be at PHMJ's sole cost, expense and liability.
At all times during the Tenn, PHMJ shall make all alterations, additions, or repairs to the
Monument required by any valid law, ordinance, statute, order, or regulation now or hereafter
made or issued by an federal, state, county, local, or other govenlmental agency or entity, at
PHMJ's sole cost, expense and liability.
PHMJ shall encourage its tenants on the Property to provide for pedestrian access
between the sidewalk on the City Parcel and each tenant's premises. PHMJ shall further
maintain, and encourage its tenants on the Property to maintain, in a neat and attractive
appearance the exterior of the building along the City Parcel on the Property.
RVPUB \SPD \653331 4
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8. AMENDMENT.
r
Any amendments to this Agreement must be in writing and signed by the appropriate
authorities of both City and PHMJ.
9. SUCCESSORS AND ASSIGNMENT.
PHMJ may not assign or transfer, whether voluntarily, involuntarily, or by operation of
law, its interest in this Agreement without the prior written approval of City, which approval
shall not be unreasonably withheld, delayed or conditioned.
Notwithstanding any other provision of this Section 9, PHMJ may assign or transfer its
interest in this Agreement concurrently with any sale, conveyance or transfer of the Center
without first obtaining the prior written approval of City.
No assignment or transfer of PHMJ's or its successor's interest in this Agreement shall be
valid unless the assignee or transferee shall agree, in writing, to be bound to the terms and
conditions of this Agreement.
10. COUNTERPARTS.
This document may be executed in multiple counterparts, each of which shall be an
original and all of which shall constitute one Agreement
11. DISCLAIMERS.
Nothing herein: (1) creates any right or remedy for the benefit of any person not a party
hereto nor (ii) creates a fiduciary relationship, an agency, or partnership.
12. EXHIBITS.
Exhibits "A," through "F" are attached and incorporated herein by this reference.
13. INDEMNIFICATION.
PHMJ shall defend, indemnify, and hold City, its elected officials, officers, employees,
agents, and volunteers, free and hannless from any and all claims, demands, causes of action,
liability, loss, damage, or injury, in law or equity, to property or persons, including wrongful
death, to the extent caused by the negligent acts, omissions, or willful misconduct of PHMJ, its
personnel, employees, agents, contractors or subcontractors in the performance of installing,
constructing and maintaining the Monument and/or the PHMJ Retained Area, or in performing
any of PHMJ's other obligations under this Agreement. This indemnification includes, without
limitation, the payment of all judgments, awards, decrees, attorneys fees, and related costs or
expenses, and the reimbursement of City, its elected officials, officers, employees, agents and
RVPUB \SPD \653331 5
volunteers for all legal expenses and costs incurred by each of them with respect to items for
which this indemnity is given. PHMJ's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by City, its elected officials, officers, employees, agents or
volunteers.
14. INSURANCE
Liability Insurance. PHMJ shall, at PHMJ's sole cost and expense, procure and
maintain during the Term of this Agreement a broad form comprehensive coverage policy of
public and /or business liability insurance, insuring PHMJ and City, and City's officers, officials,
employees and agents, against loss or liability caused by or comlected with PHMJ's installation,
construction, maintenance and use of the Monument and PHMJ Parcel under this Agreement in
amounts not less than:
(i) One Million Dollars ($1,000,000.00) per occurrence for injury to or death
of one person and, subject to that limitation for the injury or death of one person, of not less than
One Million Dollars ($1,000,000.00) for injury to or death of two or more persons as a result of
any one accident or incident. However, if PHMJ's general liability insurer uses a general
aggregate limit, either the general aggregate limit shall apply separately to this Agreement or the
general aggregate limit shall be twice the required occurrence limit described above; and
(ii) One Million Dollars ($1,000,000.00) for damage to or destruction of any
property.
All liability insurance policies required by this Section 114 shall name City, its directors,
officials, officers, employees and agents as additional insureds.
The policies shall be "occurrence," not "claims made," policies and shall be primary and
non- contributing to any insurance or self - insurance that City may elect to obtain. Such policies
shall contain a full waiver of subrogation clause and standard separation of insured provisions.
The policies shall be issued by a carrier licensed to do business in California, satisfactory to City,
with a then - current A.M. Best's rating of A:VIII or better. Said policies shall provide that (i) they
shall not be canceled or reduced in types of coverage or amount of coverage without at least ten
(10) days' prior written notice to City by certified mail, return receipt requested, and that such
reduction or cancellation shall not become effective until at least ten (10) days after receipt by
City of the written notice thereof, and (ii) any failure to comply with reporting or other
provisions of the policies, including breaches of warranties, shall not affect coverage provided to
City, its directors, officials, officers, employees and agents. Such insurance shall not contain any
special limitations on the scope of protection afforded to City, its directors, officials, officers,
employees and agents. The policy amounts set forth above shall not limit or define the extent of
the PHMJ's indemnity liability pursuant to Section 13, or arising as a matter of law or at equity.
Construction Insurance. PHMJ shall also maintain, or cause its contractor to maintain,
all -risk course of construction insurance, insuring PHMJ and City against all risk (including
RVPUB \SPD \653331 6
earthquake, vandalism and malicious mischief) of loss or damage to the PHMJ Parcel, buildings
or improvements thereon, and all materials delivered to the PHMJ Parcel for their full insurable
value. The obligations set forth in this Section shall remain in effect until a Certificate of
Occupancy has been issued by the City for the Monument.
Fire and Casualty Insurance. PHMJ shall, at PHMYs sole cost and expense, at all
times during the terin of this Agreement, keep all buildings and improvements on the PHMJ
Parcel insured for their fuull replacement value by insurance companies authorized to do business
in the State of California against loss or destruction by fire and the perils commonly covered
under the standard extended coverage endorsement to fire insurance policies in the county where
the PHMJ Parcel is located.
Deposit of Insurance With City. PHMJ shall furnish to City original certificates of
insurance and endorsements effecting coverage required by this Section on forms satisfactory to
City. The certificates and endorsements for each insurance policy shall be signed by a person
authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City
if requested. All certificates and endorsements must be received and approved by City before
work commences. City reserves the right to require complete, certified copies of all required
insurance policies, at any time. Failure to comply with the provisions of this Section 14 shall
constitute grounds for termination of this Agreement.
Periodic Increases in Insurance Limits. PHMYs insurance limits carried under this
Agreement shall be reviewed by City at the end of every third year of the Term, or extension
thereof ( "Insurance Review Period "). At each Insurance Review Period, the policy limits for all
insurance which PHMJ is required to carry under this Agreement shall be adjusted upward, in
accordance with the formula outlined below:
PHMYs insurance limits shall increase in proportion to the change, if any, in the
Consumer Price Index, as reported by the United States Bureau of Labor Statistics, for the Los
Angeles County, California, Primary Metropolitan Statistical Area ("CPI"). Notwithstanding any
other provisions of this Section, at no time shall PHMYs insurance limits be adjusted to a figure
lower than the insurance limits set forth above, or the insurance limits paid by PHMJ in the
previous Insurance Review Period, whichever is greater.
15. INTERPRETATION.
The provisions hereof shall be interpreted to give effect to their fair meaning and shall be
construed as though prepared by both Parties. The. entire agreement of the Parties is set forth
herein, and all prior negotiations, documents and discussions are superseded. The Parties
acknowledge there are no applicable representations, warranties or terms that are not stated
herein. The invalidity of any provision shall not affect the validity of any other provision.
Section headings are for convenience only and may not be used in interpretations.
RVPLJB \SPD \653331 7
9
16. NOTICES.
All notices and consents required or allowed shall be in writing and shall be sent to the
addresses shown below. A Party may change its address for notices and consents by giving
notice to the other Party. Notice may be delivered by personal delivery, facsimile transmission
during normal business hours of the recipient, an overnight delivery service, or U.S. Mail sent
certified with return receipt requested. Notices and consents are effective on the earlier of the
date received, the date of the delivery receipt, or the third day after postmark, as applicable.
a. All notices, demands, invoices, and written communications shall be in
writing and delivered to the following addresses or such other addresses as the Parties may
designate by written notice:
To City. William Kelly, City Manager
City of Arcadia
240 W. Huntington Drive
Arcadia, California 91066
Phone: (626) 574 -5414
Fax: (626) 447 -3309
To PHMJ: PHMJ, LLC, a Delaware limited liability company,
d/b /a Golden West Properties
9255 Sunset Boulevard, Suite 620
West Hollywood, California 90069
Attn: Michael Pashaie
Phone: (310) 858 -6797
Fax: (310) 858 -6862
b. Depending upon the method of transmittal, notice shall be deemed
received as follows: by facsimile, as of the date and time sent; by messenger, as of the date
delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S.
Mail.
17. AUTHORITY.
The persons signing below represent and warrant that they have authority to enter into
this Agreement on behalf of the entities for which they are signing this Agreement.
18. TERMINATION.
If City defaults under this Agreement, PHMJ may, at PHMJ's option, terminate this
Agreement or pursue any rights or remedies which PHMJ may have at law or equity. If PHMJ
RVPUB \SPD \653331 8
defaults under this Agreement, City may, at City's option, terminate this Agreement or pursue
any rights or remedies which City may have at law or equity.
19. GOVERNING LAW/VENUE
This Agreement shall be construed, interpreted and applied in accordance with the laws
of the State of California. Any legal action or proceeding concerning this Agreement shall be
filed and prosecuted in the appropriate California state court in the County of Los Angeles,
California. Each Party hereto irrevocably consents to the personal jurisdiction of that court.
20. ATTORNEY'S FEES
In the event of the bringing of an arbitration, action or suit by a Party hereto against
another Party hereunder by reason of any breach of any of the covenants or agreements or any
intentional inaccuracies in any of the representations and warranties on the part of the other Party
arising out of this Agreement or any other dispute between the Parties concerning this
Agreement, the City Parcel or the PHMJ Parcel, then, in that event, the prevailing Party in such
action or dispute, whether by final judgment or arbitration award, shall be entitled to have and
recover of and from the other Party all costs and expenses of suit or claim, including actual
attorneys' fees. This Section 20 shall survive any termination of this Agreement.
21. NONLIABILITY OF CITY OFFICIALS AND EMPLOYEES
No Council member, official, contractor, consultant, attorney or employee of City shall be
personally liable to PHMJ or any voluntary or involuntary successors or assignees, in the event of
any default or breach by City of any obligations arising under this Agreement.
22. RECORDING.
Unless and until City has issued a building permit to PHMJ for construction of the
Monument, City shall not record the Grant Deed or the Easement. After City has issued the
building permit, City may record the Grant Deed and the Easement in the Office of the Los
Angeles County Recorder. After recording, City shall send a copy of the recorded Grant Deed
and Easement to PHMJ by first class mail, in the manner for giving notice in Section 16 of this
Agreement.
22. FORCE MAJEURE.
Time is of the essence of this Agreement. In addition to specific provisions of this
Agreement, times for performance hereunder shall be extended where delays or defaults are due
to war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; acts of God or of third
parties; litigation; acts of a public enemy; epidemics; quarantine restrictions; unlawful
govermnental delays and inaction, and freight embargoes (collectively, "Enforced Delays ")
provided, however, that the Party claiming the extension shall notify the other Party of the nature
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of the matter causing the default; and, provided further, that the extension of time shall be only
for the period of the Enforced Delays. "a
[SIGNATURES ON FOLLOWING PAGE] .
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03 309S693
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date
set forth below.
CITY OF ARCADIA, CALIFORNIA
Date: 0, 2003
1
(Signature)
William R. Kelly
City Manager
ATTEST:
By:
(Signature)
Clerk, City of Arcadia
APPROVED AS TO FORM AND CONTENT:
By:
Stephen P. Deitsch
City Attorney
PHMJ, LLC, a Delaware limited liability
company, d/b/a Golden West Properties
Date: 15 2003
By: 7W�l
(Signature)
M.
(Signature)
RV13UB\SPD\653331 I I
3
EXHIBIT "A" TO
SIDEWALK DEDICATION AND DEVELOPMENT AGREEMENT
(Legal Description of "City Parcel ")
[attached]
Rv1'UB /w.)P/645124 Exhibit A
EXHIBIT "A"
LEGAL DESCRIPTION FOR BALDWIN AVENUE
WIDENING
Those portions of Lot 1 through 7, inclusive, and 10 through 19, inclusive, of
Tract No. 6925, in the City of Arcadia, County of Los Angeles, State of California,
as per map recorded in Book 74 Page 79 of Maps, in the Office of the County
Recorder of said County, lying easterly of the following described line:
Beginning at the intersection of the northerly line of said Lot 1 and a line parallel
with and 49.50 feet westerly of the centerline of Baldwin Avenue, as shown on
said map of Tract No. 6925; thence, the following courses:
Southerly and parallel with said centerline, South 03 0 45'35" West, 313.59 feet;
South 86 °14'25" East, 17.50 feet;
South 03 °45'35" West, 32.05 feet;
North 86 0 14'25" West, 17.50 feet to said parallel line;
South 03 °45'35" West, 333.12 feet to the southerly line of said Lot 19 and the
Point of Termination.
EXCEPT any portion within a public street
Prepared under m supervision:
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ENGINEERS R PLANNERS DRAWNBYD.BEYERBACH LOTS
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INDUSTRY c 9 46 -3497 CHECKED BY D..KNELL ARCADIA
3 30 869
EXHIBIT "B" TO
SIDEWALK DEDICATION AND DEVELOPMENT AGREEMENT
(Legal Description of "PHMJ Parcel ")
[attached]
RvPUB/WJP/645124 Exhibit B
EXHIBIT "B" 03 3098693
LEGAL DESCRIPTION FOR BALDWIN AVENUE EASEMENT
That portion of Lot 11 of Tract No. 6925, in the City of Arcadia, County of Los
Angeles, State of California, as per map recorded in Book 74 Page 79 of Maps,
in the Office of the County Recorder of said County, described as follows:
Beginning at the intersection of the northerly line of said Lot 1 and a line parallel
with and 49.50 feet westerly of the centerline of Baldwin Avenue, as shown on
said map of Tract No. 6925; thence, the following courses:
Southerly and parallel with said centerline, South 03 °45'35" West, 313.59 feet to
the TRUE POINT OF BEGINNING;
South 86'14'25" East, 17.50 feet;
South 03 °45'35" West, 32.05 feet;
North 86 °14'25" West, 17.50 feet to said parallel line;
North 03 °45'35" East, 32.05 feet along said parallel line to the True Point of
Beginning.
EXCEPT any portion within a public street
Prepared under my supervision:
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L.S. 5301
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OCTOBER 17, 2002
03 3098693
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INDUSTRY, CA. 91746 -3497 LEGAL DESCRIPTION
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INDUSTRY, CA. 91746 -3497 LEGAL DESCRIPTION
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EXHIBIT "D" TO
SIDEWALK DEDICATION AND DEVELOPMENT AGREEMENT
(Form of Grant Deed for the "City Parcel ")
[attached]
Exhibit D
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
The City of Arcadia
240 W. Huntington Drive
Arcadia, CA 91066
Attn: William R. Kelly, City Manager
Exempt from Recording Fee per
Government Code, section 27383
GRANT DEED
(Space Above for Recorder's Use)
FOR VALUE RECEIVED, PHMJ, LLC, a Delaware limited liability company, d /b /a
Golden West Properties, ( "Grantor ") hereby grants to THE CITY OF ARCADIA, a California
municipal corporation, ( "Grantee "), all that certain real property ( "Property ") described on
Exhibit A , attached hereto and incorporated herein by reference, together with any and all
improvements, easements, privileges and rights appurtenant thereto.
TIIE PROPERTY IS CONVEYED TO GRANTEE SUBJECT TO:
(a) All matters which would be revealed or disclosed by an accurate survey or
physical inspection of the Property;
(b) Zoning ordinances and regulations and any other laws, ordinances and
govern - rental regulations and restriction regulating the use, occupancy or enjoyment of the
Property;
f ,F.
IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of
200 .
MI NMEM
GRANTOR:
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PHMJ, LLC, a Delaware limited liability
company, d /b /a Golden West Properties
Dated: , 200_ By:
Its:
Cf17:V IfTI �lC+�
Dated: , 200_ THE CITY OF ARCADIA,
a California municipal corporation,
By:
ATTEST:
City Clerk
APPROVED AS TO FORM
City Manager
City Attorney
CERTIFICATE OF ACCEPTANCE 03
(Government Code Section 2728 1)
THIS IS TO CERTIFY that the interest in real property conveyed by the within instrument to the
City of Arcadia, a California municipal corporation, is hereby accepted by the undersigned
officer on behalf of the City Council of said City pursuant to authority conferred by Resolution
No. of said City Council adopted and the grantee consents to
recordation thereof by its duly authorized officer.
Dated
THE CITY OF ARCADIA
City Manager
EXHIBIT "A" TO
GRANT DEED
Legal Description of the Property
[attached]
r
RVPUBiw.fP/645 1 - ) a Exhibit A
EXHIBIT "A" 03 3098693
LEGAL DESCRIPTION FOR BALDWIN AVENUE
WIDENING
Those portions of Lot 1 through 7, inclusive, and 10 through 19, inclusive, of
Tract No. 6925, in the City of Arcadia, County of Los Angeles, State of California,
as per map recorded in Book 74 Page 79 of Maps, in the Office of the County
Recorder of said County, lying easterly of the following described line:
Beginning at the intersection of the northerly line of said Lot 1 and a line parallel
with and 49.50 feet westerly of the centerline of Baldwin Avenue, as shown on
said map of Tract No. 6925; thence, the following courses:
Southerly and parallel with said centerline, South 03 0 45'35" West, 313.59 feet;
South 86 East, 17.50 feet;
South 03 °45'35" West, 32.05 feet;
North 86 0 14'25" West, 17.50 feet to said parallel line;
South 03 0 45'35" West, 333.12 feet to the southerly line of said Lot 19 and the
Point of Termination.
EXCEPT any portion within a public street
Prepared under my supervision:
0�� 0. ravj�- p -02-
David O. Knell PLS5301 Date
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OCTOBER 17, 2002
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R PLANNERS DRAWN BY D.BEYERBACH LOTS
INDUSTRY. CA. 91746 -3497
13191 CROSSROADS PARKWAY NORTH. SUITE 405 LEGAL D E S C R I P T I O N
CHECKED BY D.KNELL ARCADIA
(562) 9OB -6200
30980
EXHIBIT "E" TO
SIDEWALK DEDICATION AND DEVELOPMENT AGREEMENT
(Form of Grant of Easement for "PHMJ Parcel ")
[attached]
}
Exhibit E
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
The City of Arcadia
240 W. Huntington Drive
Arcadia, CA 91066
Attn: William Kelly, City Manager
Exempt from Recording Fee per
Government Code, section 27383
(Space Above for Recorder's Use)
GRANT OF EASEMENT
PHMJ, LLC, a Delaware limited liability company, d/b /a Golden West Properties,
for itself and its grantees, successors and assigns ( "Grantor "), hereby grants, bargains and
conveys to THE CITY OF ARCADIA, and its grantees, successors and assigns ( "Grantee "), a
perpetual and non- exclusive easement and right -of -way described herein ( "Easement "), together
with all necessary and convenient means of ingress to and egress from each and every part
thereof, on, over, in, under, across, along that certain real property situated in the City of Arcadia,
County of Los Angeles, State of California, described as follows in Exhibit "A" attached hereto
and incorporated herein by reference, for the purpose of landscaping, maintenance, use,
operation, alteration, repair, construction and inspection of improvements located on the above
described property but not limited to greenspace, crosswalks, sidewalks, irrigation equipment,
and other appurtenances, fixtures and /or facilities necessary or useful for the operation of a City
sidewalk right -of -way notwithstanding any provisions herein to the contrary.
The obligations, burdens and benefits contained in this Grant of Easement shall
run with the land and shall be binding upon the Grantor and Grantee and their respective
successors and assigns.
This Easement shall continue in force and effect in perpetuity until (i)
affirmatively terminated by the parties, or (ii) this Easement is abandoned by the City. For
purposes of this Easement, it shall be presumed by the Parties that the Easement is "abandoned"
when the City fails to use the property described above for a period of one (1) continuous year.
[Signatures on following page]
SIGNATURE PAGE TO U1
GRANT OF EASEMENT 03
k7r
GRANTOR:
PHMJ, LLC, a Delaware limited liability company,
d/b/a Golden West Properties
By:
Its:
GRANTEE:
THE CITY OF ARCADIA,
a California municipal corporation
0
William R. Kelly, City Manager
ATTEST:
City Clerk
APPROVED AS TO LEGAL FORM:
City Attorney
CERTIFICATE OF ACCEPTANCE
(Government Code Section 2728 1) 03
THIS IS TO CERTIFY that the interest in real property conveyed by the within instrument to the
City of Arcadia, a California municipal corporation, is hereby accepted by the undersigned i
officer on behalf of the City Council of said City pursuant to authority conferred by Resolution
No. of said City Council adopted , and the grantee consents to
recordation thereof by its duly authorized officer.
Dated , 200_ THE CITY OF ARCADIA
City Manager
EXHIBIT "A" TO
GRANT OF EASEMENT
Legal Description of Property
03 3098
[Attached]
ad
EXHIBIT "A"
LEGAL DESCRIPTION FOR BALDWIN AVENUE EASEMENT
That portion of Lot 11 of Tract No. 6925, in the City of Arcadia, County of Los
Angeles, State of California, as per map recorded in Book 74 Page 79 of Maps,
in the Office of the County Recorder of said County, described as follows:
Beginning at the intersection of the northerly line of said Lot 1 and a line parallel
with and 49.50 feet westerly of the centerline of Baldwin Avenue, as shown on
said map of Tract No. 6925; thence, the following courses:
Southerly and parallel with said centerline, South 03 0 45'35" West, 313.59 feet to
the TRUE POINT OF BEGINNING;
South 86"14'25" East, 17.50 feet;
South 03 0 45'35" West, 32.05 feet;
North 86 °14'25" West, 17.50 feet to said parallel line;
North 03 0 45'35" East, 32.05 feet along said parallel line to the True Point of
Beginning.
EXCEPT any portion within a public street
Prepared under my supervision:
L.S. 5301
0 0 2- Exp. 12 -31 -03 �
David O. Knell PLS5301 Date
�oF CAU\C-
C: \wpdocs \a rcadia -b a Idwin. doc
OCTOBER 17, 2002
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INDICATES EASEMENT AREA
willd.n WILLDAN SCALE 1" =100 DATE OCT 17� 2002 SKETCH TO ACCOMPANY ENGINEERS R PLANNERS DRAWN BY D.BEYERBACH EASEMENT
1�zv 13191 CROSSROADS PARKWAY NORTH. SUITE 405 LEGAL D E S C R I P T I O N
INDUSTRY. CA. 91746 -3497 CHECKED BY D.KNELL ARCADIA
(562) 908 -6200
03 3098693
EXHIBIT "F" TO
SIDEWALK DEDICATION AND DEVELOPMENT AGREEMENT
(Scope of City Improvements)
The City proposes improvements to Baldwin Avenue between Duarte Road and Naomi
Avenue as specified in the plans and specifications on file in the office of the City
Engineer of the City of Arcadia. Construction is anticipated to be completed by July 15,
2005. The improvements include the following:
• Widen Baldwin Avenue on the west side approximately ten feet to accommodate
a center median two travel lanes and a parking lane on the west half.
• Construct new curb and gutter for the west side of the street.
• Construct new sidewalk for the west side.
• Construct "bow- outs" at the north end and at the center of the block to
accommodate additional landscaping.
• Install new street trees.
• Repave the street with new paving added to the west side for the parking lane.
• Remove two (2) existing monument signs for commercial center.
69
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
Ong` !j , 200 before me je undersigned notary
public, personally appeared \ � Q. personally
known to me OR — 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 execute
the same in his /her /their
authorized capacity(ies), and that by his /her /their
signature(s) on the instrtmlent the person(s), or the entity Upon
behalf of which the pgson(s) acted, executed the instrument.
WITNES my d I official seal.
ignature of Notary Public
CAPACITY CLAIMED BY SIGNER:
Individual(s)
Corporate
e/ 9fficer(s)
Partner(s)
Attorney -in -Fact
— Trustee(s)
Subscribing Witness
Guardian /Conservator
Other
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
F1i41 F. Ivl, SHIA,€
lxi
m but 'HOII'L N v
RVPUB /W.IP/645I
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On 1 200 , before me, the undersigned notary
public, personally appeared personally
known to me OR — 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.
WITNESS my hand and official seal.
Signature of Notary Public
RIM
CAPACITY CLAIMED BY SIGNER:
Individual(s)
Corporate
Officer(s)
Partner(s)
-- Attorney -in -Fact
Trustee(s)
Subscribing Witness
Guardian /Conservator
Other
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
R VPUB /WJP/645134