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Resolution No. 83761 2 3 4 5 6 7 8 9' 10 11 12 13 14 F167 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8376 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING, AUTHORIZING AND RATIFYING THE EXECUTION OF THE ASSIGNMENT OF THE AGREEMENT TO PURCHASE AND SELL REAL ESTATE AND ESCROW INSTRUCTIONS BETWEEN THE REDEVELOPMENT AGENCY AND OWENS-BROCKWAY GLASS CONTAINER, INC. AND OTHER RELATED DOCUMENTS AND RESCINDING RESOLUTION NO. 8186 ADOPTED ON APRIL 16, 2003 WHEREAS, on April 16, 2003, the City Council of the City of Vernon ("City") adopted Resolution No. 8186 which approved and authorized the execution of Redevelopment Revolving Fund Loan No. 8 between the City and the Redevelopment Agency of the City of Vernon ("Agency"); and WHEREAS, on that same day, the Agency adopted Resolution No. RA-224 which approved and authorized the execution of Redevelopment Revolving Fund Loan No. 8 by the Agency; and WHEREAS, at that time, the Agency desired to purchase certain real property in the City, commonly known as the south side of SOth . Street ("Property"), owned by Owens -Brockway Glass Container, Inc. ("Owens -Brockway"); and WHEREAS, the City authorized the transfer of up to $2,020,000.00 to the Agency for the purchase of the Property; and WHEREAS, on April 16, 2003, the Agency adopted Resolution No. RA-225 which approved and authorized the execution of an Agreement to Purchase and Sell Real Estate and Escrow Instructions ("Agreement") for the Property between the Agency and Owens -Brockway; and WHEREAS, on June 13, 2003, the Agency and Owens -Brockway executed the Agreement; and WHEREAS, the Agreement contained a provision in which the 1 2 3 4 5 6 7 8 9'I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JAgency could assign its interest in the Property to another party with Owens-Brockway's written consent; and WHEREAS, the Agency and City have since determined that the City should take title to the Property instead of the Agency and Owens -Brockway consented to the assignment; and WHEREAS, the transaction was scheduled to close on February 6, 2004; and WHEREAS, it was necessary for the Agency to assign its interest in the Property to the City prior to the closing date, so that the City could pay the balance of the purchase price and take title to the Property directly; and WHEREAS, the City and Agency entered into an Assignment of the Agreement to Purchase and Sell Real Estate and Escrow Instructions ("Assignment"), subject to ratification by the City Council of the City and the Board of Directors of the Agency; and WHEREAS, consistent with its obligations under the assignment, the City was required to execute the following documents: (1) Natural Hazard Disclosure Statement, (2) Certificate of Acceptance, (3) Preliminary Change of Ownership Report, (4) FIRPTA Affidavit Certificate of Non -Foreign Status, (5) Addition and/or Amendments to Escrow Instructions, (6) Buyer's Estimated Closing Statement, and (7) an Easement Deed from the City to Owens -Brockway for a fire water -line on the Property (hereinafter collectively referred to as the "Closing Documents"); and WHEREAS, these Closing Documents were executed on behalf of the City and payment authorized, subject to ratification by the City Council, in order for the transaction to close on February 6, 2004; and - 2 - 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City wire -transferred the funds required to complete the purchase of the Property on February 5, 2004 and the transaction closed on February 10, 2004; and WHEREAS, the transfer of City's funds to the Agency for the purchase of the Property is no longer necessary; and WHEREAS, by letter dated February 9, 2004, Bruce V. Malkenhorst, City Administrator/City Clerk, recommended that the execution of the Assignment and Closing Documents and the wire transfer of the purchase price be ratified and that Resolution No. 8186 and Redevelopment Revolving Fund Loan No. 8 be rescinded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves, authorizes and ratifies the Assignment of the Agreement to Purchase and Sell Real Estate and Escrow Instructions, that was executed.on February 5, 2004, a copy of which is attached hereto as Exhibit "A" and made a part hereof. SECTION 3: The City Council of the City of Vernon hereby approves, authorizes and ratifies the execution of the following Closing Documents: (1) Natural Hazard Disclosure Statement, (2) Certificate of Acceptance, (3) Preliminary Change of Ownership Report, (4) FIRPTA Affidavit Certificate of Non -Foreign Status, (5) Addition and/or Amendments to Escrow Instructions, (6) Buyer's Estimated Closing Statement, and (7) an Easement Deed from the City to Owens - Brockway for a fire water -line on the Property. - 3 - 1 2 3 4 5 6 71 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 4: The City Council of the City of Vernon hereby approves, authorizes and ratifies the wire transfer of the balance of the purchase price of the Property in the amount of $1,895,913.54. SECTION 5: The City Council of the City of Vernon hereby rescinds Resolution No. 8186 and the parties agree that the amount that had been loaned to the Agency under Redevelopment Revolving Fund Loan No. 8 will be forgiven in exchange for the Agency's assignment of its interest in the Property. SECTION 6: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 18th day of February, 2004. ATTEST: BRUCE V. MALKENHORST, City Clerk y LEONIS C. MALBtJRG, Ma or - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 8376, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, February 18, 2004, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, City Clerk 5 - EXHIBIT 0 1 ASSIGNMENT OF AGREEMENT TO 2 PURCHASE AND SELL REAL, ESTATE AND ESCROW INSTRUCTIONS 3 4 THIS ASSIGNMENT (this "Assignment") is made, entered into and 5 executed in duplicate originals, either copy of which may be considered 6 and used as the original hereof for all purposes, as of this day of February, 2004 7 8 BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY 9 OF VERNON, A Public Body, Corporate and Politic, (hereinafter referred 10 to as "Assignor") 4305 Santa Fe Avenue 11 Vernon, CA 90058-0805 12 AND THE CITY OF VERNON, a municipal 13 corporation (hereinafter referred to as the "Assignee") 14 4305 Santa Fe Avenue 15 Vernon, California 90058 16 RECITALS 17 WHEREAS, Assignor has entered into a certain Agreement to 18 Purchase and Sell Real Estate and Escrow Instructions (the "Agreement") 19 with Owens -Brockway Glass Container Inc., a Delaware corporation and 20 Assignor as Buyer, executed on the 13th day of June, 2003, for the 21 purchase and sale of certain real property located in the City of 22 Vernon, Los Angeles County, commonly known as the South Side of East 23 50th Street, Vernon, California 90058, and which is described more 24 particularly in said Agreement, a copy of which is attached as Exhibit 25 "A"; and, 26 WHEREAS, under Section 23 of the Agreement the parties may 27 assign the Agreement with the prior written consent of the other party; 28 and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, Assignor desires to assign to Assignee all of Assignor's right, title and interest in, to and under said Agreement and has obtained Seller's consent to this Assignment; and, WHEREAS, Assignee is desirous of receiving all of Assignor's right, title and interest in, to and under the Agreement; and NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, Assignor does hereby assign, transfer and convey unto Assignee all of Assignor's right, title and interest in, to and under the Agreement. Assignee hereby assumes all of Assignor's duties and obligations under said Agreement and will take title to that certain real property described in Exhibit "A". This Agreement shall be binding upon Assignor and shall inure to the benefit of Assignee and its successors, heirs and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Assignment or caused this Assignment to be executed by their respective officers, duly authorized, as of this date, month and year first above written. ASSIGNOR: REDEVELOPMENT AGENCY OF THE CITY OF VERNON By: L ONIS C. MALBtRG, Chairman ASSIGNEE: CITY OF VERNON By. k—LEONIS C. MA URG, ayor ATTEST: ATTEST: By L Z By: BRUCE V. MALKENHORST BRUCE V. MALKENHORST, City Secretary Clerk APPROVED AS TO FORM: By: �� �G( R c �L� ` jtj w IEDUARDO OLIVO, Legal Counsel APPROVED AS TO FO By: Z, ERIC T. FR SCH, City Attorney - 2 - EXHIBIT VA& LEGAL DESCRIPTION PARCEL 1 THAT PORTION OF LOT 31, OF THE 500 ACRE TRACT OF THE LOS ANGELES FRUIT LAND ASSOCIATION, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGES 156 AND 157 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 31; THENCE SOUTH 321.50 FEET ALONG THE EAST LINE OF SAID LOT 31 TO THE NORTH LINE OF THAT 17.00 FOOT WIDE RIGHT OF WAY OF THE LOS ANGELES JUNCTION RAILWAY, AS DESCRIBED IN DEED TO CENTRAL MANUFACTURING DISTRICT INC., RECORDED 4-7-1927, IN BOOK 4752, PAGE 265 OF OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE; THENCE WEST 387.70 FEET ALONG SAID NORTH LINE OF SAID RIGHT OF WAY TO THE INTERSECTION OF A LINE THAT IS 387.70 FEET WEST MEASURED PERPENDICULAR TO AND IS PARALLEL WITH THE EAST LINE OF SAID LOT 31; THENCE NORTH 321.50 FEET ALONG LAST SAID PARALLEL LINE TO THE NORTH LINE OF SAID LOT 31; THENCE EAST 387.70 FEET ALONG SAID NORTH LINE OF SAID LOT 31, ALSO BEING THE CENTERLINE OF EAST 50TH STREET, 40.00 FEET WIDE, , AS DESCRIBED IN DEED TO THE CITY OF VERNON, RECORDED 9-5-1929, AS DOCUMENT NO. 1410, IN BOOK 9335, PAGE 149 OF OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE, TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE NORTH 2O.00 FEET OF SAID LOT 31, THE SOUTH LINE OF SAID NORTH 2O.00 FEET, ALSO BEING THE SOUTH LINE OF EAST SOTH STREET 40.00 FEET WIDE, AS DESCRIBED IN DEED TO THE CITY OF VERNON, RECORDED 9-5-1929, AS DOCUMENT NO. 1410, IN BOOK 9335, PAGE 149 OF OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE. PARCEL 2 THOSE PORTIONS OF LOTS 30 AND 31 OF THE 500 ACRE TRACT OF THE LOS ANGELES FRUIT LAND ASSOCIATION, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGES 156 AND 157 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF SAID LOT 31 AND A LINE WHICH IS PARALLEL WITH AND WEST 387.70 FEET MEASURED PERPENDICULAR TO THE EAST LINE OF SAID LOT 31; THENCE SOUTH 321.50 FEET ALONG SAID PARALLEL LINE, TO THE NORTH LINE OF THAT 17.00 FOOT WIDE RIGHT OF WAY OF THE LOS ANGELES JUNCTION RAILWAY, AS DESCRIBED IN THE OF OFFICIAL RECORDS, DEED TO CENTRAL MANUFACTURING DISTRICT, INC., RECORDED 4-7-1927, IN BOOK 4752, PAGE 265 IN SAID RECORDER'S OFFICE; THENCE WEST 933.00 FEET ALONG SAID NORTH LINE OF SAID RIGHT OF WAY AND IT'S WEST PROLONGATION TO IT'S INTERSECTION WITH WEST LINE OF SAID LOT 30, ALSO BEING THE CENTERLINE OF SOTO STREET 80.00 FEET WIDE, AS DESCRIBED IN DEED TO THE CITY OF VERNON, RECORDED 8-6-1929, AS DOCUMENT NO. 1409, IN BOOK 8255, PAGE 278 OF OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE; THENCE NORTH 321.50 FEET ALONG SAID WEST LINE OF SAID LOT 30 TO THE NORTHWEST CORNER OF SAID LOT 30, ALSO BEING THE INTERSECTION OF CENTERLINES OF SAID SOTO STREET AND EAST SOTH STREET, 40.00 FEET WIDE, AS DESCRIBED IN A DEED TO THE CITY OF VERNON, RECORDED 9-5-1929, AS DOCUMENT NO. 1410, IN BOOK 9335, PAGE 149 OF OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE; THENCE EAST 933.00 FEET ALONG SAID NORTH LINE OF SAID LOTS 30 AND 31, ALSO BEING THE CENTERLINE OF SAID 50TH STREET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE NORTH 2O.00 FEET OF SAID LOTS 30 AND 31, THE SOUTH LINE OF SAID NORTH 2O.00 FEET, ALSO BEING THE SOUTH LINE OF EAST 50TH STREET 40.00 FEET WIDE, AS DESCRIBED IN A DEED TO THE CITY OF VERNON, RECORDED 9-5-1929, AS DOCUMENT NO. 1410, IN BOOK 9335, PAGE 149 OF OFFICIAL RECORDS,. IN SAID RECORDER'S OFFICE. ALSO, EXCEPT THEREFROM THE WEST 40.00 FEET OF SAID LOT 30, THE EAST LINE OF SAID WEST 40.00 FEET, ALSO BEING THE EAST LINE OF SOTO STREET 80.00 FEET WIDE, AS DESCRIBED IN A DEED TO THE CITY OF VERNON, RECORDED 8-6-1929, AS DOCUMENT NO. 1409, IN BOOK 8255, PAGE 278 OF OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE. Page I OF 4 ALSO, EXCEPT THEREFROM THAT PORTION OF SAID LOT 30 DESCRIBED AS FOLLOWS: . BEGINNING AT A POINT IN THE EAST LINE OF SOTO STREET, 80 FEET WIDE, AS DESCRIBED IN DEED TO THE CITY OF VERNON, RECORDED 8-6-1929, AS DOCUMENT NO. 1409, IN BOOK 8255, PAGE 278 OF OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE, ALSO BEING THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 20.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 AN ARC DISTANCE OF 31.42 FEET TO THE POINT OF TANGENCY IN THE SOUTH LINE OF EAST 50TH STREET, 40.00 FEET WIDE, AS DESCRIBED IN DEED TO THE CITY OF VERNON, RECORDED 9-5-1929, AS DOCUMENT NO. 1410, IN BOOK 9335, PAGE 149 OF OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE; THENCE WEST ALONG THE WEST PROLONGATION OF SAID SOUTH LINE TO IT'S INTERSECTION WITH THE NORTH PROLONGATION OF THE EAST LINE OF SAID SOTO STREET; THENCE SOUTH ALONG SAID EAST LINE TO THE POINT OF BEGINNING. PARCEL3 PORTION OF LOT 30, OF THE 500 ACRE TRACT OF THE LOS ANGELES FRUIT LAND ASSOCIATION, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3 PAGES 156 AND 157 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 30, ALSO BEING THE INTERSECTION OF THE CENTERLINES OF SOTO STREET, 80.00 FEET WIDE, AS DESCRIBED IN DEED TO THE CITY OF VERNON, RECORDED 8-6-1929, AS DOCUMENT NO. 1409, IN BOOK 8255, PAGE 278 OF OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE AND FRUITLAND AVENUE 60.00 FEET WIDE, AS DESCRIBED IN DEED IN THE CITY OF VERNON, RECORDED 1-18-1927, AS DOCUMENT NO. 1211, IN BOOK 4758, PAGE 109 OF OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE; THENCE NORTH 321.50 FEET ALONG THE WEST LINE OF SAID LOT 30, ALSO BEING THE CENTERLINE OF SAID SOTO STREET TO THE INTERSECTION OF THE WEST PROLONGATION OF THE SOUTH LINE OF THAT 17.00 FOOT WIDE RIGHT OF WAY OF THE LOS ANGELES JUNCTION RAILWAY, AS DESCRIBED IN DEED TO CENTRAL MANUFACTURING DISTRICT INC., RECORDED 4-7-1927, IN BOOK 4752, PAGE 265 OF OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE; THENCE EAST 660.00 FEET ALONG SAID WEST PROLONGATION AND SAID SOUTH LINE OF SAID RIGHT OF WAY TO THE EAST LINE OF SAID LOT 30; THENCE SOUTH 321.50 FEET ALONG SAID EAST LINE OF SAID LOT 30 TO THE SOUTH LINE OF SAID LOT 30; THENCE WEST 660.00 FEET ALONG SAID SOUTH LINE OF SAID LOT 30, ALSO BEING THE CENTERLINE OF SAID FRUITLAND AVENUE, 60.00 FEET WIDE, TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE WEST 40.00 FEET OF SAID LOT 30, EAST LINE OF SAID WEST 40.00 FEET, ALSO BEING THE EAST LINE OF SOTO STREET 80.00 FEET WIDE, AS DESCRIBED IN DEED TO THE CITY OF VERNON RECORDED 8-6-1929, AS DOCUMENT NO. 1408, IN BOOK 8249, PAGE 317 OF OFFICIAL RECORDS, ALONG WITH DEED TO THE CITY OF VERNON, RECORDED 1-18-1927, AS DOCUMENT 1211, IN BOOK 4758, PAGE 109 OF OFFICIAL RECORDS, BOTH IN SAID RECORDER'S OFFICE. ALSO, EXCEPT THEREFROM THAT PORTION OF SAID LOT 30 LYING SOUTH OF A LINE PARALLEL WITH AND 30.00 FEET NORTH MEASURED PERPENDICULAR TO THE SOUTH LINE OF SAID LOT 30, SAID PARALLEL LINE ALSO BEING THE NORTH LINE OF FRUITLAND AVENUE 60.00 FEET WIDE AS DESCRIBED IN DEED TO THE CITY OF VERNON, RECORDED I-18-1927, AS DOCUMENT 1211, IN BOOK 4758, PAGE 109 OF OFFICIAL RECORDS, IN THE RECORDER'S OFFICE OF, SAID COUNTY. ALSO, EXCEPT THEREFROM THAT PORTION OF SAID LOT 30 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF SOTO STREET, 80 FEET WIDE, AS DESCRIBED IN DEED TO THE CITY OF VERNON RECORDED 8-6-1929, AS DOCUMENT NO. 1408, IN BOOK 8249, PAGE 317 OF OFFICIAL RECORDS, ALONG WITH DEED TO THE CITY OF VERNON, RECORDED 1-18-1927, AS DOCUMENT 1211, IN BOOK 4758, PAGE 109 OF OFFICIAL RECORDS, BOTH IN SAID RECORDER'S OFFICE, ALSO BEING THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 20.00 FEET, THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 AN ARC DISTANCE OF 31.42 FEET TO THE POINT OF TANGENCY IN THE NORTH LINE OF FRUITLAND AVENUE, 60.00 FEET WIDE, AS DESCRIBED IN DEED TO THE CITY OF VERNON RECORDED 1-18-1927, AS DOCUMENT 1211, IN BOOK 4758, PAGE 109 OF OFFICIAL RECORDS IN SAID RECORDER'S OFFICE; THENCE WEST ALONG THE WEST PROLONGATION OF SAID NORTH LINE TO ITS INTERSECTION WITH THE SOUTH PROLONGATION OF SAID EAST LINE OF SAID SOTO STREET; THENCE NORTH ALONG SAID EAST LINE TO THE POINT OF BEGINNING. Page 2 OF 4 PARCEL.4 A PORTION OF LOT 31, OF THE 500 ACRE TRACT OF THE LOS ANGELES FRUIT LAND ASSOCIATION, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3 PAGES 156 AND 157 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 31; THENCE WEST 660.00 FEET ALONG THE SOUTH LINE OF SAID LOT 31, ALSO BEING THE CENTERLINE OF FRUIT LAND AVENUE, 60.00 FEET WIDE, AS DESCRIBED IN DEED TO THE CITY OF VERNON RECORDED 1-18-1927, AS DOCUMENT 1211, IN BOOK PAGE 109, ALONG WITH DEED TO THE CITY OF VERNON RECORDED 10-6-1931, AS DOCUMENT 735, IN BOOK 11100, PAGE 380, ALSO INCLUDING DEED TO THE CITY OF VERNON RECORDED 4-21-1961, AS DOCUMENT 3627, IN BOOK D1196, PAGE 977 ALL OF OFFICIAL RECORDS IN SAID RECORDER'S OFFICE, TO THE SOUTHWEST CORNER OF SAID LOT 31; THENCE NORTH 321.50 FEET ALONG THE WEST LINE OF SAID LOT 31 TO THE SOUTH LINE OF THAT 17.00 FOOT WIDE RIGHT OF WAY OF THE LOS ANGELES JUNCTION RAILWAY, AS DESCRIBED IN DEED TO CENTRAL MANUFACTURING DISTRICT INC-, RECORDED 4-7-1927, IN BOOK 4752, PAGE 265 OF OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE; THENCE EAST 660.00 FEET ALONG SAID SOUTH LINE OF EAST LINE OF SAID LOT 31 TO THE POINT OF BEGINNING. SAID RIGHT OF WAY TO THE EAST LINE OF SAID LOT 31; THENCE SOUTH 321.50 FEET ALONG SAID EXCEPT THEREFROM THAT PORTION OF SAID LOT 31 LYING SOUTH OF ALINE PARALLEL WITH AND 30.00 FEET NORTH MEASURED PERPENDICULAR TO THE SOUTH LINE OF SAID LOT 31, SAID PARALLEL LINE ALSO BEING THE NORTH LINE OF FRUTII.AND AVENUE 60.00 FEET WIDE AS DESCRIBED IN DEED TO THE CITY OF VERNON, RECORDED 1-18-1927, AS DOCUMENT 1211, IN BOOK 4758, PAGE 109, ALONG W 111 DEED TO THE CITY OF VERNON RECORDED 10-6-1931, AS DOCUMENT 735, IN BOOK I1100, PAGE 380, ALSO INCLUDING DEED TO THE CITY OF VERNON RECORDED 4-21- 1961, AS DOCUMENT 3627, IN BOOK D1196, PAGE 977 ALL OF OFFICIAL RECORDS SAID RECORDER'S OFFICE. SEE ATTACHED PLAT MAP ON PAGE 4 OF 4 LEGAL DESCRIPTION PREPARED BY: BONE, WRIGHT & ASSOCIATES LA N D 11912 FIRESTONE D A.NORW�1,ySRi��GCA F � (562) 868 6555 V C J z ti� 0 BY: Exp. 40MA.T4GHT. 09 ��9TF 4S6909 OF CAL\F Page 3 OF 4 O N Z � s _ w `i o Q LLJC w a Q Q a `b U m J LL o s J P 0- Co -J u u t6U. 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Z M CV) LLL 0_ i Q 0 a Q t- J I W a C OI,-j 0 o o ei ,*_ 40 o a H 0. p NC)ccoN 0) co 00.. a� (U V .OS' L8Z .09 Lit .00'0LS H180N o o -Z.- 99 HLWO-N o • ch 13MLLS OlOS W MID ci a: a SUPPORTING DOCUMENTS Y 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ASSIGNMENT OF AGREEMENT TO PURCHASE AND SELL REAL ESTATE AND ESCROW INSTRUCTIONS THIS ASSIGNMENT (this "Assignment") is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of this e day of February, 2004 BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF VERNON, A Public Body, Corporate and Politic, (hereinafter referred to as "Assignor") 4305 Santa Fe Avenue Vernon, CA 90058-0805 AND THE CITY OF VERNON, a municipal corporation (hereinafter referred to as the "Assignee") 4305 Santa Fe Avenue Vernon, California 90058 WHEREAS, Assignor has entered into a certain Agreement to Purchase and Sell Real Estate and Escrow Instructions (the "Agreement") with Owens -Brockway Glass Container Inc., a Delaware corporation and Assignor as Buyer, executed on the 13th day of June, 2003, for the purchase and sale of certain real property located in the City of Vernon, Los Angeles County, commonly known as the South Side of East 50th Street, Vernon, California 90058, and which is described more particularly in said Agreement, a copy of which is attached as Exhibit "A"; and, WHEREAS, under Section 23 of the Agreement the parties may assign the Agreement with the prior written consent of the other party; and 1 2 3 4' 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, Assignor desires to assign to Assignee all of lAssignor's right, title and interest in, to and under said Agreement land has obtained Seller's consent to this Assignment; and, WHEREAS, Assignee is desirous of receiving all of Assignor's Iright, title and interest in, to and under the Agreement; and NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, Assignor does hereby assign, transfer and convey unto Assignee all of Assignor's right, title and interest in, to and under the Agreement. Assignee hereby assumes all of Assignor's duties and obligations under said Agreement and will take title to that certain real property described in Exhibit "A". This Agreement shall be binding upon Assignor and shall inure to the benefit of Assignee and its successors, heirs and assigns. IN WITNESS WHEREOF, the parties hereto have executed this lAssignment or caused this Assignment to be executed by their respective lofficers, duly authorized, as of this date, month and year first above Iwritten. [ASSIGNOR: REDEVELOPMENT AGENCY OF THE CITY OF VERNON B y : L ONIS C. MALBURG, Chairman ATTEST: By: BRUCE V. MALKENHORST Secretary APPROVED AS TO FORM: By: lx /" EDUARDO OLIVO, Legal Counsel ASSIGNEE: CITY OF VERNON By: EONIS C. MA URG, ayor ATTEST: By: BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FO By: ERIC T. FR SCH, City Attorney - 2 - LEGAL DESCRIPTION PARCEL I THAT PORTION OF LOT 31, OF THE 500 ACRE TRACT OF THE LOS ANGELES FRUIT LAND ASSOCIATION, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGES 156 AND 157 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 31; THENCE SOUTH 321.50 FEET ALONG THE EAST LINE OF SAID LOT 31 TO THE NORTH LINE OF THAT 17.00 FOOT WIDE RIGHT OF WAY OF THE LOS ANGELES JUNCTION RAILWAY, AS DESCRIBED IN DEED TO CENTRAL MANUFACTURING DISTRICT INC., RECORDED 4-7-1927, IN BOOK 4752, PAGE 265 OF OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE; THENCE WEST 387.70 FEET ALONG SAID NORTH LINE OF SAID RIGHT OF WAY TO THE INTERSECTION OF A LINE THAT IS 387.70 FEET WEST MEASURED PERPENDICULAR TO AND IS PARALLEL WITH THE EAST LINE OF SAID LOT 31; THENCE NORTH 321.50 FEET ALONG LAST SAID PARALLEL LINE TO THE NORTH LINE OF SAID LOT 31; THENCE EAST 387.70 FEET ALONG SAID NORTH LINE OF SAID LOT 31, ALSO BEING THE CENTERLINE OF EAST 50TH STREET, 40.00 FEET WIDE,, AS DESCRIBED IN DEED TO THE CITY OF VERNON, RECORDED 9-5-1929, AS DOCUMENT NO. 1410, IN BOOK 9335, PAGE 149 OF OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE, TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE NORTH 2O.00 FEET OF SAID LOT 31, THE SOUTH LINE OF SAID NORTH 2O.00 FEET, ALSO BEING THE SOUTH LINE OF EAST 50TH STREET 40.00 FEET WIDE, AS DESCRIBED IN DEED TO THE CITY OF VERNON, RECORDED 9-5-1929, AS DOCUMENT NO. 1410, IN BOOK 9335, PAGE 149 OF OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE. PARCEL 2 THOSE PORTIONS OF LOTS 30 AND 31 OF THE 500 ACRE TRACT OF THE LOS ANGELES FRUIT LAND ASSOCIATION, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGES 156 AND 157 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF SAID LOT 31 AND A LINE WHICH IS PARALLEL WITH AND WEST 387.70 FEET MEASURED PERPENDICULAR TO THE EAST LINE OF SAID LOT 31; THENCE SOUTH 321.50 FEET ALONG SAID PARALLEL LINE, TO THE NORTH LINE OF THAT 17.00 FOOT WIDE RIGHT OF WAY OF THE LOS ANGELES JUNCTION RAILWAY, AS DESCRIBED IN THE DEED TO CENTRAL MANUFACTURING DISTRICT, INC., RECORDED 4-7-1927, IN BOOK 4752, PAGE 265 OF OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE; THENCE WEST 933.00 FEET ALONG SAID NORTH LINE OF SAID RIGHT OF WAY AND IT'S WEST PROLONGATION TO IT'S INTERSECTION WITH WEST LINE OF SAID LOT 30, ALSO BEING THE CENTERLINE OF SOTO STREET 80.00 FEET WIDE, AS DESCRIBED IN DEED TO THE CITY OF VERNON, RECORDED 8-6-1929, AS DOCUMENT NO. 1409, IN BOOK 8255, PAGE 278 OF OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE; THENCE NORTH 321.50 FEET ALONG SAID WEST LINE OF SAID LOT 30 TO THE NORTHWEST CORNER OF SAID LOT 30, ALSO BEING THE INTERSECTION FEET WIDE, AS DESCRIBED OF CENTERLINES OF SAID SOTO STREET AND EAST 50TH STREET, 40.00 IN A DEED TO THE CITY OF VERNON, RECORDED 9-5-1929, AS DOCUMENT NO. 1410, IN BOOK 9335, PAGE 149 OF OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE; THENCE EAST 933.00 FEET ALONG SAID NORTH LINE OF SAID LOTS 30 AND 31, ALSO BEING THE CENTERLINE OF SAID 50TH STREET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE NORTH 2O.00 FEET OF SAID LOTS 30 AND 31, THE SOUTH LINE OF SAID NORTH 2O.00 FEET, ALSO BEING THE SOUTH LINE OF EAST 50TH STREET 40.00 FEET WIDE, AS DESCRIBED IN A DEED TO THE CITY OF VERNON, RECORDED 9-5-1929, AS DOCUMENT NO. 1410, IN BOOK 9335, PAGE 149 OF OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE. ALSO, EXCEPT THEREFROM THE WEST 40.00 FEET OF SAID LOT 30, THE EAST LINE OF SAID WEST 40.00 FEET, ALSO BEING THE EAST LINE OF SOTO STREET 80.00 FEET WIDE, AS DESCRIBED IN A DEED TO THE CITY OF VERNON, RECORDED 8-6-1929, AS DOCUMENT NO. 1409, IN BOOK 8255, PAGE 278 OF OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE. Page 1 OF 4 ALSO, EXCEPT THEREFROM THAT PORTION OF SAID LOT 30 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF SOTO STREET, 80 FEET WIDE, AS DESCRIBED IN DEED TO THE CITY OF VERNON, RECORDED 8-6-1929, AS DOCUMENT NO. 1409, IN BOOK 8255, PAGE 278 OF OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE, ALSO BEING THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 20.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 AN ARC DISTANCE OF 31.42 FEET TO THE POINT OF TANGENCY IN THE SOUTH LINE OF EAST 50TH STREET, 40.00 FEET WIDE, AS DESCRIBED IN DEED TO THE CITY OF VERNON, RECORDED 9-5-1929, AS DOCUMENT NO. 1410, IN BOOK 9335, PAGE 149 OF OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE; THENCE WEST ALONG THE WEST PROLONGATION OF SAID SOUTH LINE TO IT'S INTERSECTION WITH THE NORTH PROLONGATION OF THE EAST LINE OF SAID SOTO STREET; THENCE SOUTH ALONG SAID EAST LINE TO THE POINT OF BEGINNING. PARCEL3 PORTION OF LOT 30, OF THE 500 ACRE TRACT OF THE LOS ANGELES FRUIT LAND ASSOCIATION, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3 PAGES 156 AND 157 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 30, ALSO BEING THE INTERSECTION OF THE CENTERLINES OF SOTO STREET, 80.00 FEET WIDE, AS DESCRIBED IN DEED TO THE CITY OF VERNON, RECORDED 8-6-1929, AS DOCUMENT NO. 1409, IN BOOK 8255, PAGE 278 OF OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE AND FRUITLAND AVENUE 60.00 FEET WIDE, AS DESCRIBED IN DEED TO THE CITY OF VERNON, RECORDED 1-18-1927, AS DOCUMENT NO. 1211, IN BOOK 4758, PAGE 109 OF OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE; THENCE NORTH 321.50 FEET ALONG THE WEST LINE OF SAID LOT 30, ALSO BEING THE CENTERLINE OF SAID SOTO STREET TO THE INTERSECTION OF THE WEST PROLONGATION OF THE SOUTH LINE OF THAT 17.00 FOOT WIDE RIGHT OF WAY OF THE LOS ANGELES JUNCTION RAILWAY, AS DESCRIBED IN DEED TO CENTRAL MANUFACTURING DISTRICT INC., RECORDED 4-7-1927, IN BOOK 4752, PAGE 265 OF OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE; THENCE EAST 660.00 FEET ALONG SAID WEST PROLONGATION AND SAID SOUTH LINE OF SAID RIGHT OF WAY TO THE EAST LINE OF SAID LOT 30; THENCE SOUTH 321.50 FEET ALONG SAID EAST LINE OF SAID LOT 30 TO THE SOUTH LINE OF SAID LOT 30; THENCE WEST 660.00 FEET ALONG SAID SOUTH LINE OF SAID LOT 30, ALSO BEING THE CENTERLINE OF SAID FRUITLAND AVENUE, 60.00 FEET WIDE, TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE WEST 40.00 FEET OF SAID LOT 30, EAST LINE OF SAID WEST 40.00 FEET, ALSO BEING THE EAST LINE OF SOTO STREET 80.00 FEET WIDE, AS DESCRIBED IN DEED TO THE CITY OF VERNON RECORDED 8-6-1929, AS DOCUMENT NO. 1408, IN BOOK 8249, PAGE 317 OF OFFICIAL RECORDS, ALONG WITH DEED TO THE CITY OF VERNON, RECORDED 1-18-1927, AS DOCUMENT 1211, IN BOOK 4758, PAGE 109 OF OFFICIAL RECORDS, BOTH IN SAID RECORDER'S OFFICE. ALSO, EXCEPT THEREFROM THAT PORTION OF SAID LOT 30 LYING SOUTH OF A LINE PARALLEL WITH AND 30.00 FEET NORTH MEASURED PERPENDICULAR TO THE SOUTH LINE OF SAID LOT 30, SAID PARALLEL LINE ALSO BEING THE NORTH LINE OF FRUITLAND AVENUE 60.00 FEET WIDE AS DESCRIBED IN DEED TO THE CITY OF VERNON, RECORDED 1-18-1927, AS DOCUMENT 1211, IN BOOK 4758, PAGE 109 OF OFFICIAL RECORDS, IN THE RECORDER'S OFFICE OF SAID COUNTY. ALSO, EXCEPT THEREFROM THAT PORTION OF SAID LOT 30 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF SOTO STREET, 80 FEET WIDE, AS DESCRIBED IN DEED TO THE CITY OF VERNON RECORDED 8-6-1929, AS DOCUMENT NO. 1408, IN BOOK 8249, PAGE 317 OF OFFICIAL RECORDS, ALONG WITH DEED TO THE CITY OF VERNON, RECORDED 1-18-1927, AS DOCUMENT 1211, IN BOOK 4758, PAGE 109 OF OFFICIAL RECORDS, BOTH IN SAID RECORDER'S OFFICE, ALSO BEING THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 AN ARC DISTANCE OF 31.42 FEET TO THE POINT OF TANGENCY IN THE NORTH LINE OF FRUITLAND AVENUE, 60.00 FEET WIDE, AS DESCRIBED IN DEED TO THE CITY OF VERNON RECORDED 1-18-1927, AS DOCUMENT 1211, IN BOOK 4758, PAGE 109 OF OFFICIAL RECORDS IN SAID RECORDER'S OFFICE; THENCE WEST ALONG THE WEST PROLONGATION OF SAID NORTH LINE TO ITS INTERSECTION WITH THE SOUTH PROLONGATION OF SAID EAST LINE OF SAID SOTO STREET; THENCE NORTH ALONG SAID EAST LINE TO THE POINT OF BEGINNING. Page 2 OF 4 ' PARCEL 4 A PORTION OF LOT 31, OF THE 500 ACRE TRACT OF THE LOS ANGELES FRUIT LAND ASSOCIATION, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3 PAGES 156 AND 157 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 31; THENCE WEST 660.00 FEET ALONG THE SOUTH LINE OF SAID LOT 31, ALSO BEING THE CENTERLINE OF FRUITLAND AVENUE, 60.00 FEET WIDE, AS DESCRIBED IN DEED TO THE CITY OF VERNON RECORDED 1-18-1927, AS DOCUMENT 1211, IN BOOK 4758, PAGE 109, ALONG WITH DEED TO THE CITY OF VERNON RECORDED 10-6-1931, AS DOCUMENT 735, IN BOOK 11100, PAGE 380, ALSO INCLUDING DEED TO THE CITY OF VERNON RECORDED 4-21-1961, AS DOCUMENT 3627, IN BOOK D1196, PAGE 977 ALL OF OFFICIAL RECORDS IN SAID RECORDER'S OFFICE, TO THE SOUTHWEST CORNER OF SAID LOT 31; THENCE NORTH 321.50 FEET ALONG THE WEST LINE OF SAID LOT 31 TO THE SOUTH LINE OF THAT 17.00 FOOT WIDE RIGHT OF WAY OF THE LOS ANGELES JUNCTION RAILWAY, AS DESCRIBED IN DEED TO CENTRAL MANUFACTURING DISTRICT INC., RECORDED 4-7-1927, IN BOOK 4752, PAGE 265 OF OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE; THENCE EAST 660.00 FEET ALONG SAID SOUTH LINE OF SAID RIGHT OF WAY TO THE EAST LINE OF SAID LOT 31; THENCE SOUTH 321.50 FEET ALONG SAID EAST LINE OF SAID LOT 31 TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION OF SAID LOT 31 LYING SOUTH OF A LINE PARALLEL WITH AND 30.00 FEET NORTH MEASURED PERPENDICULAR TO THE SOUTH LINE OF SAID LOT 31, SAID PARALLEL LINE ALSO BEING THE NORTH LINE OF FRUM.AND AVENUE 60.00 FEET WIDE AS DESCRIBED IN DEED TO THE CITY OF VERNON, RECORDED 1-18-1927, AS DOCUMENT 1211, IN BOOK 4758, PAGE 109, ALONG WITH DEED TO THE CITY OF VERNON RECORDED 10-6-1931, AS DOCUMENT 735, IN BOOK 11100, PAGE 380, ALSO INCLUDING DEED TO THE CITY OF VERNON RECORDED 4-21- 1961, AS DOCUMENT 3627, IN BOOK D1196, PAGE 977 ALL OF OFFICIAL RECORDS IN SAID RECORDER'S OFFICE. SEE ATTACHED PLAT MAP ON PAGE 4 OF 4 LEGAL DESCRIPTION PREPARED BY: BONE, WRIGHT & ASSOCIATES ��0 LAN D11912 1- CAT906SONE BOULEVARD D A. NORWALK (562) 868-6555 BY: Exp. s✓ AOW A WGHT, 09 Page 3 OF 4 -yOpk b O N `� z �- V� Z .�• _' � 3Q� o � �J z w O Q w w a cai jX.a �p 0 � z c �;34 may z ML 0 0 C:O OZ .0£ W 00'099 HINON � FX,OS•tZ£ .OS•t6Z I C Vr U w � .os'tZ£ � OJ Z O Z too �- M w LLWQ� as b °0� F- OmWH~ OQ b LlV 0 ^ OQ Z N801 «°0i Uco 0J Go �- as W I �N Q M d' Z��-U"iD ca 0- O �-- -� I j 0 O O to r- a IL n. o J I` � C.)c c ALL J M SKIM z a: Q 40 t 0 Z Q D (!) Qi .OS'tZ£ H12i0N O W M z Z U- Q Q i oV a o ( D _WOoU)Z w o NZ Z WLLIMOO N o W\ M F- > I— Cl) 0 JL ^_ LL Q X 0 U-<F-WTQ p N N/ .L r � 04 to r7 .OS lZ£ H18ON W W tl_ O I M .OS't6Z I (� 1�••L U 0 O i0) a U) otf Ld � (JJW O WW1 F ZZ O �V M LL O 0) W W Z F OCe ~ LLB O Q 0co F- Lu J o I O �. 91 J O < m Ca. - a o N LL Nco NCDMN 11 II II II 11 11 B II .. .os•taz .os•tcz © ® • .001OLS H1tiON c v .007099 H1NON o • eo 133111S Ojos 7 OW mU Q a: a SUPPORTING DOCUMENTS RECORDING REQUESTED BY: CITY OF VERNON WHEN REDORDED MAIL THIS DEED TAX STATEMENTS TO: Gloria J. Orosco, Chief Deputy City Clerk City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE THE PROPERTY IS LOCATED IN THE CITY OF VERNON EASEMENT DEED For a valuable consideration, receipt of which is hereby acknowledged, the City of Vernon, a California municipal corporation. hereby GRANT(S) to Owens - Brockway Glass Container, Inc. A Delaware Corporation an Easement to place, use and maintain a Fire Water Line and incidental purpose thereto, with the right of Ingress and Egress, over, under, across and through that certain real property in the City of Vernon, County of Los Angeles, State of California, contained in the legal description attached hereto and incorporated herein by reference as EXHIBIT "A" and as shown on plat also attached hereto and incorporated herein by reference as EXHIBIT "B". City of Vernon, a California municipal corporation DATED: ,2004 LI LIM BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FORM: ERIC FRESCH, CITY ATTORNEY STATE OF CALIFORNIA ) ) SS COUNTY OF LOS ANGELES ) LEONIS C. MALBURG, Mayor ON , BEFORE ME, PERSONALLY APPEARED AND , PERSONALLY KNOWN TO ME OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY ON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND AND OFFICIAL SEAL. SIGNATURE NOTARY PUBLIC RECORDING REQUESTED BY: CITY OF VERNON WHEN REDORDED MAIL THIS DEED TAXSTATEMENTSTO: Gloria J. Orasco, Chief Deputy City Clerk City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 rt¢eaoeFary is wcArEowrxeary orvFaNDN sPAca AeoveTwsta+a aasEavmFoa aPmRorx•suse EASEMENT DEED For a valuable consideration, receipt of which is hereby acknowledged, the City of Vernon, a California muRieipal corporation. hereby GRANT(S) to Owens - Brockway Giass Container, Inc. A Delaware Corporation an Easement to place, use and maintain a Fire Water Line and incidental purpose thereto, with the right Of Ingress and Egress, over, under, saws and through that certain real property in the City of Vernon, County of Los Angeles, State of Califomia, contained in the legal description attached beret, and incorporated herein by reference as EXIT "A" and as shown on plat also attached hereto and incorporated herein by reference as EXHIBIT "B^. gtvofyernon.aC lifornia u ' i al o ratio DATED: Febmaty 5 2004 /�_/4.:�/_- - a W-0 s s .tity Clerk APPROVED AS TO FORM: BY: �5;<[ % ERIC FRENCH, CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF I,OS ANGEI,RS ) SS ON Feb UlrY 5 2004 B OREM /�.4d1l�� C�/rn.T PER`SONALLYAPPEARED /jjfr A0 PERSONALLY KNOWN 7O ME OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY ON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS My HAND AND OFFICIAL SEAL w ANNUELA(gRON•-.•...� SIGNATURErni+sion a 1]2S]24 Nobry Pub t - California NOTAR PUB IC Loa MDeba County arr Camm. Eapias Nava, 2005 EXHIBIT "A" AN EASEMENT FOR CONSTRUCTION, INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT AND INCIDENTAL PURPOSES, OVER, ACROSS AND THROUGH, THAT PORTION OF LOT 31 OF THE 500 ACRE TRACT OF THE LOS ANGELES FRUIT LAND ASSOCIATION, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGES 156 AND 157 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE LOS ANGELES JUNCTION RAILWAY RIGHT OF WAY I7.OD FEET WIDE, AS DESCRIBED IN THE DEED OF CENTRAL MANUFACTURING DISTRICT, INC., RECORDED IN BOOK 4752 PAGE 265 OF OFFICIAL RECORDS AND THE WEST LINE OF THE EAST 397.70 FEET OF SAID LOT 31; THENCE NORTH 3.00 FEET TO THE INTERSECTION OF A LINE THAT IS PARALLEL WITH AND 3.00 FEET NORTH MEASURED PERPENDICULAR TO SAID NORTH LINE OF SAID LOS ANGELES JUNCTION RAILWAY RIGHT OF WAY; THENCE EAST 130.00 FEET ALONG SAID PARALLEL 2 E LINE TO A LINE PARALLEL WITH EAST LINE OF LOT 31; THENCE SOUTH 3.00 FEET ALONG SAID PARALLEL LINE TO SAID NORTH LINE OF SAID LOS ANGELES JUNCTION RAILWAY RIGHT OF WAY; THENCE WEST 130.00 FEET ALONG SAID NORTH LINE OF SAID LOS ANGELES JUNCTION RAILWAY RIGHT OF WAY TO THE POINT OF BEGINNING. SEE ATTACHED FLAT MAP ON PAGE 2 OF 2. LEGAL DEBCRD•IION PREPARED BY BONG WRIGBT&ASSOMTES 11912 E PDtEMM BOULEVARD NORWALKC WM (M2) 56"555 Pap 1 OF 2 60 jF— W U F u m u 0 a z j� 5 ,9 * S 9 sa - oa o Wr C qq ~ Z OC_ Z i a tWi ryj n n .00*099 HLLDN L C OI O ty L No1.d WI IanM I OS'lOS ,OS'L6Z a = a ,OS'lZS .0S'LZS o bWao �u UZ a Qg� m ^mUnJ ^ LA F_� LO D CO a" O 3$ 100EJ<0 w Ib Z w a' Lo a J () $ to Q M W 2 LL W'Os' Lac N $ Za O a m n W W lL W O .OS'LZS H1tlON m, O a J H I g F 8 > W �C7g z n I z FQz g 8 ' 8w _m H O<O _? o N rQ ~O r ,OS'LZf NLNON = = 9 Z O Q �� I F F .OS'l6Z o� x �' ~ 0 0 w a O In z Z W I- 0) W N M W YI co VI LL Q G 8 W Q O $ W J W I `'' z L� Q w nI W J ri w D trL C� p a 60 4 Z F J LL J a 8 Qa0 W $ I. m O0 r J U C� p(Y Q $ � Q O a a o � N N N g M N •n1111 111111. U KQJF KQJF- o OS'L 80N 00'OCS NINON O O � 0'c o .00'099 H18ON E. IMN1S OlOS �J FEB-04-2004 WED 10:47 AN OLIVO & PLASOENCIA FAX NO. 1 P. 02 THE REDEVELOPMENTAGENCYOF THE CITY OF VERNON 4305 Santa Fe Avmne, Vernon, CaPfomia 90058 (323) 583-8811 FAX- (323) 581-7924 Febmary 4, 2004 Via Facsimile Old Sharon Johnson CITY OF VERNON 4305 Santa Fe Avenue Vernon, California 90058 Re: Owens -Brockway Property Dear Slamn: As you know, the parties to the purchase mid sale of the Owens -Brockway Propory are hoping to close this Friday. Consequently, the balance of the purchase price and other costs would have to be deposited into escrow no later tluul Thursday, February 5, 2004. Attached is a copy of the Buyer's Estimated Closing Statement that we received yesterday. We arc working on an assignment from the Agency to the City, therefore, you should anticipate that the funds will conic from the City. i ryou have any further questions or comments, do not hesitate to contact our office. Very truly yours, () . n---y' Anita O. Aviles for Eduardo Olive Legal Counsel co: Executive Director Eric T. Fresch DIRECTORS: Leenir C. Malbuq. Chairman; Thomar A. 12orra, Vice Chairman; Wm. Bill"Davis, Director If. "Imry" Gonzales Dhrr ",, W Michael MrCurmiek Dhrctor FXECUTIVE DIRECTORISECRETARY Brace V Malkenbort IJfGAL COUNSEf. Eduardo 0hw FEB-04-2004 WED 10:47 AM OLIVO g PLASCENCIA FAX NO. 1 Fob-02-04 11:55a From-cooeres Escrow 213 494 edit P. 03 T-791 P.992/999 F-999 COMMERCE ESCROW COMPANY 1545 Wilshire Blvd., Suite 600, Los Angeles, California 90017 TO.; (213) 484-08SS 1310) 284.57DO 1888) 732-6723 Fax (213) 484-0417 COMMERCE ESCROW COMPANY IS LICENSED BY THE DEPARTMENT OF CORPORATIONS STATE OF CALIFORNIA LICENSE 0 963 0884 Revised- Buyer's Estimated Closing Statement dated February 02, 2004 Escrow No. 03-40627hd Estioated Closing Date: February 06, 2004 The Redevelopment Agency of the City of Vernon In escrow whh Owens -Brockway Glass Container Inc. Deposits into Escrow: Additional Deposit Interest earned Title Charges: ALTA Owners upgrade Bidder Recording f,,,est Escrow Chingos: 1/2 escrow fee Mossangerfee-est Promising Taxes end half 2003-2004 @ $13,196.00 at $73,26 /diem Fr. Ol/O VO4 to 02/06/04 Rents @ $17,500.00 ($583.33/Day) Fr: 02/06/04 to 03/ol/o4 Security Deposits $99,500.00 tbd $1,800.00 $490.00 S150.00 $1,S00,00 $100.00 $Y,564.10 $14,583.25 $0.00 Otber charges: Insurance premium (Outside of Escrow) Padding mail fienl audit $1,478.3$ The following are subject to Buyer's approval Reimtnlrsement to Seller Additional work approved 12/11/03 $13,121.00 Additional work approved 12/29/03 $1,318.00 ApDroxbalance needed to close $1,893,800.00 TOTALS 32,010,447.35 32,010,447.3E This is a preaudit of your closing. Exact figures will be secure and more information wiU faUow. Please advise ifyou have nay changes. Read and approved FEB-04-2004 WED 10:48 AM OLIVO & PLASCENCIA FAX NO. 1 P. 04 Feb-OI-04 II:ISa FrorCerersa Escror, 211 4141417 T-711 P.013AU F101 C COMMERCE ESCROW COMPANY 1545 VAtshire Blvd., Suits 600, Los Angeles. California 90017 TN.; (7131484-0855 (310) 284-57W (888) 732-6723 Faxt2131484-0417 COMMERCE ESCROW COMPANY IS LICENSED BY THE DEPARTMENT OF CORPORATIONS STATE Of CALIFORNIA LICENSE 0 963 0894 CITY NATIONAL BANK $ppeaa* Deposits One Ceetetpointe Dr., # 160 La Palma, CA 90623 122 016 066 For benefit of COMMERCE ESCROW COMPANY (Trust Account) Account no.: 013-29S700 Escrow No, 03-40627hd Escrow offs ; Han Doan RECORDING REQUESTED BY: CITY OF VERNON WHEN REDORDED MAD. THIS DEED TAX STATEMENTS TO: Gloria J. Orosco, Chief Deputy City Clerk Cityof Vernon 4305 Santa Fe Avenue Vernon, CA 90058 SPACE ABOVE lWS DlrE RFSFRVm PoR RECORDER'S USE rxE eaoeEan 1s LocArEo w rrre crry of vFxNON EASEMENT DEED For a valuable consideration, receipt of which is hereby acknowledged, the City of Vernon, a California municipal corporation. hereby GRANT(S) to Owens - Brockway Glass Container, Inc. A Delaware Corporation an Easement to place, use and maintain a Fire Water Line and iocidemal purpose thereto, with the right of Ingress and Egress, over, under, across and through that certain real property in the City of Vernon, County of Los Angeles, State of California, contained in the legal description attached hereto and incorporated herein by reference as EXHIBIT "A" and as shown on plat also attached hereto and incorporated herein by reference as EXHIBIT "B". City of Vernon. a California municipal corporation DATED: February 5 ,2004 By: ® C LF.ONIS C. MALB G, Mayo By: kBrGdaak GLORIA J.40SCO.I&Chief DeputyCity Clerk APPROVED AS TOO FORM: BY. ERIC FRESCH, CITY ATTORNEY STATE OF CALIFORNIA ) ) SS COUNTY OF LOS ANGELES ) ON FebMary 5 2004 BEeF�OORE ME, /�1.4/L6le[!( 01nyl PERSONALLY APPEARED_ GeOX! S rriAw ,M) PERSON Y KNOWN TO ME OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY ON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS M HAND AND OFFICIAL SEAL. �a..� ANNUEIAGIRChM Commiaaicn! 1a2MU SIGNATURE fiNl-�. NOIary PUEIic - CaGNunia NOTARY PUB IC Loa Anaetea County r OMVCann. E oxea Nov A, 2005 f aev E7HEBIT "A" AN EASEMENT FOR CONSTRUCTION, INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT AND INCIDENTAL PURPOSES, OVER, ACROSS AND THROUGH, THAT PORTION OF LOT 31 OF THE 500 ACRE TRACT OF THE LOS ANGELES FRUIT LAND ASSOCIATION, IN THE CTTY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGES 156 AND 157 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE If OF THE NORTH LINE OF THE LOS ANGELES JUNCTION RAILWAY RIGHT OF WAY 17.00 FEET WIDE, AS DESCRIBED IN THE DEED OF CENTRAL MANUFACTURING DISTRICT, INC., RECORDED IN BOOK 4752 PAGE 265 OF OFFICIAL RECORDS AND THE WEST LINE OF THE EAST 397.70 FEET OF SAID LOT 31; THENCE NORTH 3.00 FEET TO THE INTERSECTION OF A LINE THAT IS PARALLEL WITH AND 3.00 FEET NORTH MEASURED PERPENDICULAR TO SAID NORTH LINE OF SAID LOS ANGELES IUNCTION RAILWAY RIGHT OF WAY; THENCE EAST 130.00 FEET ALONG SAID PARALLEL LINE TO A LINE PARALLEL D E WITH EAST LINE OF LOT 31; THENCE SOUTH 3.00 FEET ALONG SAID PARALLEL LINE TO SAID NORTH LINE OF SAID LOS ANGELES JUNCTION RAILWAY RIGHT OF WAY; THENCE WEST 130.00 FEET ALONG SAID NORTH LINE OF SAID LOS ANGELES JUNCTION RAILWAY RIGHT OF WAY TO THE POINT OF BEGINNING. SEE ATTACHED PLAT MAP ON PAGE 2 OF 2. LEGAL DUCRIMON PREPARED BY: 11912ENORWARE N BOULEVARD �S�OKD A. Rw �'QG (562)8 555 J 2 P ��C� 0 BY: �` * Exp. HOWARDA WRIGI . 6m Q �S6909.�Q�\ Page I OF 2 N b o Pv N _ n .I LL U m zm JO J oll �~ w w F- .007099 HEaoN 133N1S OlOS �J 'lt A0'E G ram{ I U �Qk- R 55 F�0. OE m` O �z w l Immd WI WM L m O a AO'E z m w i w W LU W F- XW W LL I C') W E{ 0Z U agl: C5�- w ir l`Oo F �� LL , OWIx M o Z a Z -jU)O Z O as LO J O V/ z�a J ~ <8 $ <o o'� o oN0{yN U II II KQJI- II 11 II II 0_QJF O O 1 r Page: 1 of 6 Date:November 18, 2003 LGS Report No.: 1158233 NATURAL HAZARDS DISCLOSURE REPORT FOR LOS ANGELES COUNTY Property: 2923 Fruitland Ave, Vernon, CA 90058-3628 APN: 6303-029-001 Transferor. Owens Illinois Glass This report discloses information regarding the property address identified above (Property) that is based upon review of the maps and data cited within. Other publicly available data not reported within this report may also pertain to the Property. If site - specific information for the Property is required, a Certified Engineering Geologist or licensed Professional Engineer should be retained to conduct an investigation. In addition, gectechnical and other reports pertaining to the Property may be on file with the city or county and should be reviewed if site -spec information for the Property is required. Site -specific information may enhance or modify some of the information contained in this report. This report is compiled in accordance with all conditions and limitations stated within. The following pages contain an explanation of each disclosure category reported on this page. THIS PROPERTY IS REPORTED AS: Not Situated in a special FLOOD HAZARD AREA (Any type Zone *A` or'V') designated by the Federal Emergency Management Agency Situated in a DAM OR RESERVOIR INUNDATION AREA designated by the State Office of Emergency Services; Not Situated in a State of California VERY HIGH FIRE HAZARD SEVERITY ZONE; The owner of a property within a Very -High Severity Zone is subject to the maintenance requirements of Section t{81182 of the Government Code Not Situated in a State of California FIRE RESPONSIBILITY AREA The owner of a property in a State Fire Responsibility Area is subject to the maintenance requirements of Section 114291 of the Public Resources Code; Not Situated in a State of California Aquist-Priolo EARTHQUAKE FAULT ZONE; Mapped by the State of Celtomia Division of Mines and Geology SEISMIC HAZARD MAPPING ACT program; Not Situated in an Earthquake -Induced LANDSLIDE HAZARD ZONE on official maps of the Seismic Hazard Mapping Act; Situated in a soil LIQUEFACTION HAZARD ZONE on offical maps of the Seismic Hazard Mapping Act; Prepared under the supervision of Mark A Barrett, CEO 208E 16NIL 4tl10Mp/.6)LG _ M: ///IYhtli 02003 LGS Repels, Ye.2]2g0 Ageua RE. Suite 2W CmaDasas Hills, CA 91]m Tel MX-816 % Fex: B00.5r]LSGfi x ,LGSRe dl;.m LRpepl ® Page: 2 of 6 Date: November 18, 2003 _ LGS Report No.: 1158233 NATURAL HAZARD DISCLOSURE STATEMENT Property: 2923 Fruilland Ave. Vernon, CA 90058-W28 APN: 6303-029-D01 Transferor: Owens Illinois Glass The transferor and his or her agents) disclose the following information with the knowledge that even though this is not a warranty. prospective them ferees may rety on this information in deciding whether and on what terms to puro has, the subject property. Transferor hereby authorizes any ager4(s) representing any Principal(s) in this action to provide a copy of Mis statement to any parson or entity in connection with any actual or anticipated sale of the property. The following are represeraatiahs made by the barrel. and his or her agem s) based on their knowledge and maps drawn by the state and federal goverments. This information is a disclosure and is not intended to be part of any contract between the transferee and the transferor. THIS REAL PROPERTY LIES WITHIN THE FOLLOWING HAZARDOUS AREA(S): (Check the answer that applies.) A SPECIAL FLOOD HAZARD (Airy type Zone'A' or, V) designated by the Federal Emergency Management Agency. Yes No ✓ (a) Do not knew (b) Information not available from local jurisdiction Chy Check if BOTH (a) and (b) apply. AN AREA OF POTENTIAL FLOODING shown on a dam failure inundation map pursuant to Section 8589.5 of the Goverment Cede. Yes ✓ No (a) Do not knew (b) Information nbl available from Io®I jl it diction Onfy Check it BOTH (a) and (b) apply, A VERY HIGH FIRE HAZARD SEVERITY ZONE pursuant to Section 51178 or 51179 of the Goverment Code. The owner of this Pro0anly fe the mairtenance requirements to Section 51182 of the Govr ement Code. shthjelY to Yes No ✓ A WILDLAND AREA THAT MAY CONTAIN SUBSTANTIAL FOREST FIRE RISKS AND HAZARDS pursuant to Section 4125 of the Public Resources Code. The owner of Mis PrepedY is subject to the maintenance requirements of Section 4291 of the Public Resources Code. Additionally, it is"the stale's responsibility to ProMe fire protection services to any Wilding or structure located within the vAdlands unless Me Department of Forestry and Fire Protection has entered into a cooperative agreement with a local agency for nose IHssuant to Section 4142 of the Public Resources Code. Yes No ✓ AN EARTHQUAKE FAULT ZONE pursuant to Seelon 2622 of the Public Resources Code. Yes He ✓ A SEISMIC (WARD ZONE pursuers to Section 2696 of the Public Resources Code. Yes (Landslide Zane) No I Map not released by state Yes (Liquefaction Zone) I No Map not released by state THESE HAZARDS MAY LIMIT YOUR ABILITY TO DEVELOP THE REAL PROPERTY, TO OBTAIN INSURANCE, OR TO RECEIVE ASSISTANCE AFTER A DISASTER, THE MAPS ON WHICH THESE DISCLOSURES ARE BASED ESTIMATE WHERE NATURAL HAZARDS EXIST. THEY ARE NOT DEFINITIVE INDICATORS OF WHETHER OR NOT A PROPERTY WILL BE AFFECTED BY A NATURAL DISASTER.TRANFEREE(S) AND TRANFEROR(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE REGARDING THOSE HAZARDS AND OTHER HAZARDS THAT MAY AFFECT THE PROPERTY. The representations made in this NHD form and report are based upon information provided by an independent third parry report provided as a substituted disclosure pusuars to Caltomia CINI Code §Section 1103A. Neither the seller nor the seller's agent has (1) independently verified the information contained in Mis form and report or (2) is personally aware of any errors or Inaccuracies in the information contained on Me form. Trenknor represents Mal the information herein is true and coned to the heat of the tranteror's knowledge as of the date aimed by the transferor. Signature of Transferor de Agent represents that the inKghV#M herein is I me and correct IP1the neat of the agenda knowledge as of the date signed by the agent. Signature of Agent __ — e Signer of Agent Transferee represents Mat he or she has read and understands this document. Signature of Transferee ih�eir-y)y, pie 2/4/04 This lam meets the standards of ci l code 11§ 01 Norepresentation is made as M the legal validity or adequacy of any gomwon in arty specific transaction. A real estate broker is the Pesach qualified to advise on real estate trarKectior5. t you desire legal or tors edMc , consult an apWoori a professional. OMLGSReporla,kc.Pled Agoura Rd.Guile200Calabasas Hills, CA91MI TM 900d10.5599 Fu a00.51]E9aa w LGSRepsrb cum cikw)o Page: 3 of 6 Date: November 18, 2003 LGS ReportNo.: 1158233 � mak EXPLANATION SPECIAL FLOOD HAZARD AREAS The Federal Emergency Management Agency (FEMA) has prepared Flood Insurance Rate Maps, which delineate flood zones based on estimated flood risk. The zones pertinent to the Natural Hazard Disclosure are Zones A and V (Special Flood Hazard Areas). Zone V is for coastal areas and Zone A is for inland areas. These zones are located within a I00-year flood plain. A 10Oyear flood has a one -percent chance of occurence in any given year. Flood insurance is required by federally regulated lending institutions for properties located within Zones A or V. Local flood control projects to mitigate flood hazard potential can change the flood risk of a spec area or property. The flood risk of a specific area or property may be updated through a Letter of Map Change fled with FEMA. Speck updated flood risk information, not included on the Flood Insurance Rate Maps, is not provided in our report. If a property is located within a Special Flood Hazard Area, LGS REPORTS, INC. recommends contacting FEMA for the updated risk assessment of the property and the current food insurance requirements. It should be noted that properties within a Special Flood Hazard Zone may never experience flooding, and conversely, properties not located within a Special Flood Hazard Zone may experience flooding. This disclosure is not meant to predict flooding, but rather to identify properties for which food insurance may be required by federally regulated lending institutions. AREAS OF POTENTIAL FLOODING FROM DAM FAILURES The California Office of Emergency Services (CA OES) has provided Inundation Maps, which delineate areas subject to flooding from a sudden, catastrophic failure of a dam with a full reservoir. Maps are not available for all dams in the state. Additional maps may become available subsequent to approval by the OES. Inundation from reservoir, dam, or dike failure can pose serious risks to large segments of the population. Cities and counties within the mapped areas are required to adopt emergency procedures for the evacuation of populated areas. VERY HIGH FIRE HAZARD SEVERITY ZONES The California Department of Forestry and Fire Protection (CDF) under the Bates Bill (AB 337) established Very High Fire Hazard Severity Zones (VHFHSZ) in the Local Responsibility Areas (LRA) of California. The maps prepared by the CDF show zones based on State criteria. Local agencies, by law, are allowed to make charges to the zones. Fire defense improvements are mandated for properties located within the zones under Section 51182 of the Government Code. Mandated improvements include a Class A roof for new development or replacement of an existing roof and brush clearing within 30 feet of a structure. For a complete listing of the mandated fire defense improvements and local zone changes, contact the local fire department. The Very High Fire Hazard Severity Zone Maps were prepared at a scale that does not always allow a conclusive determination to be made at zone boundaries. If a conclusive determination cannot be made, the property will be reported on the Natural Hazard Disclosure Statement as situated in the zone as mandated by Section §1102.6C of the California Civil Code. LGS Reports, Inc. will report the property as in a boundary condition on our Residential Disclosure Report. Therefore, the local fire department should be contacted to determine if the property is located within the zone. ®2993 LGS Repods, Inc. 272W Agoura Rd. lull 21 Calabasas Hills. CA 91391 TO R 14-55% Faa 89 W4iS66 x LGSRepwis mm ORD&d &9� Page: 4of6 Date: November16,2003 LGSReportNo.: 1158233 r` WILDLAND AREAS THAT MAY CONTAIN SUBSTANTIAL FOREST FIRE RISK AND HAZARDS (State Responsibility Areas) The California Department of Forestry and Fire Protection has established State Responsibility Areas (SRA) for which the primary financial responsibility for prevention and suppression of fires is that of the State. However, the State is not responsible for protecting structures within these areas. The property owner is subject to certain maintenance requirements and may be responsible for fire protection of structures under Section 4291 of the Public Resources Code. If the property is located within a State Responsibility Area, LGS Reports, Inc. recommends contacting the county fire department to obtain a full listing of property owner maintenance and fire protection requirements. Public Resources Code Section 4326 reads, "A seller of real property which is located within a state responsibility area determined by the board, pursuant to Section 4125, shall disclose to any prospective purchase the fact that the property is located within a wildland area which may conatin substantial forest fire risks and hazards and is subject to the requirements of Section 4291" The State Responsibility Area Maps were prepared at a scale that does not always allow a conclusive determination to be made at zone boundaries. If a conclusive determination Cannot be made, the property will be reported on the Natural Hazard Disclosure Statement as situated in the zone as mandated by Section 1102.6C of the California Civil Code, LGS Reports, Inc. will report the property as in a boundary condition on our Residential Disclosure Report. The county fire department should be contacted to determine if the property is located within the zone. ALQUIST"PRIOLO EARTHQUAKE FAULT ZONES The State Geologist under the Alquist-Priolo Earthquake Fault Zoning Act has established regulatory zones around the mapped surface traces of active faults. These zones, typically one -quarter mile or less in width, have been delineated on maps around "sufficiently active and well-defined" faults and fault segments that "constitute a potential hazard to structures from surface faulting or fault creep." Faults that demonstrate movement during the past 11,000 years are considered active. The purpose of the Act under Section 2621-2630 of the Public Resources Code is to assist cities and counties in land use planning and developing permit requirements. The State Mining and Geology Board provides additional regulations to guide cities and counties in their implementation of the law under California Code of Regulations, Title 14, Division 2. Local agencies must regulate most types of development projects located within the zones. The results of our search only indicate whether a property is situated or not situated within an Earthquake Fault Zone, as shown on the Alquist-Priolo Earthquake Fault Zone Maps. Our search does not indicate whether or not a surface trace of an active fault is located on the property. If this report indicates the subject property is located within an Earthquake Fault Zone, LGS Reports, Inc. recommends consulting a Certified Engineering Geologist to assess the site -specific potential for surface fault rupture. It should be noted that the State Earthquake Fault Zoning Program is ongoing and properties currently not situated in a zone may be located in a zone established in the future. 0 M3 Las R.p , W, MW Agoura RC. suite 2 Cal .. Hi,,. CA 91391 TN 9 1<$599 Fa 990.51T859G w LGSRepMs CRO Page: 5 of 6 Dater November 18, 2003 LGS Report No.: 1158233 SEISMIC HAZARD ZONES The California Division of Mines and Geology under the Seismic Hazards Mapping Act has prepared maps delineating zones of potential seismic hazards. The legislation for this Act may be found in the California Public Resources Code, Division 2, Chapter 7.8, Sections 2690-2699.6 and Chapter 8, Article 10. Sections 3720-3725. The purpose of the Act is to provide cities and counties with zones where site- specific geotechnical studies are required prior to development. Local agencies must regulate most types of development projects located within the zones. The currently available Official Maps of Seismic Hazard Zones contain zones for the seismic hazards of liquefaction and earthquake -induced landsliding for limited geographic areas only. However, future maps may contain additional seismic hazards and may cover the entire state. Our search indicates whether a property is situated or not situated within a mapped Seismic Hazard Zone. If the property is not located in an area mapped by the state Seismic Hazards Mapping Program, our report indicates that the map for the site has not yet been released by the State. Due to the limitations of the state Seismic Hazards Mapping Program, LGS Reports, Inc. recommends hiring a Certified Engineering Geologist to address any concems regarding the seismic hazard potential of the subject she. The Liquefaction Hazard Zones delineate areas where liquefaction has been recorded in the past and areas where local soil and groundwater conditions indicate a potential for permanent ground displacement from liquefaction that would require mitigation. Site specific geotechnical studies are required prior to new development. Liquefaction is a process whereby saturated, unconsolidated, sandy soils, temporarily become liquefied as a result of strong ground shaking. Liquefaction is considered most likely when the ground water table is located less than 50 feet below the ground surface. Ground displacement may occur and buildings may be damaged as a result of liquefaction. Earthquake -Induced Landslide Zones include areas where geologic materials are considered susceptible to slope failure during strong earthquake ground shaking. Also included are areas with identified past landslide movement and areas with known earthquake -induced slope failure during historic earthquakes. She specific geotechnical studies are required prior to new development. It should be noted that the maps may not show all areas of potential liquefaction or earthquake -induced landsliding. In addition, the mapped areas within each zone will not be affected uniformly during an earthquake. As noted on the maps, "Liquefaction zones may also contain areas susceptible to the effects of earthquake -induced landslides. This situation typically exists at or near the toe of existing landslides, downslope from rockfall or debris Flow source areas, or adjacent to steep stream beds" 02XG LGS Re ft. Y . Z) Ap M. SW M CMeDssa Hills. CA 91WI TM 899-Bta-5599 Fax 89b51)6588 .vx.LGSRapon , C 3 _ x Page: 6 of 6 Date: ` November 18, 2003 _ LGS Report No.: 1158233 TERMS, CONDITIONS AND LIMITATIONS OF LIABILITY This report (Report) was prepared by LGS Reports, Inc. (LGS). This Report is for the exclusive use and reliance of the buyer, seller, listing agent and selling agent, lt any. It may be used only in conjunction with a Natural Hazard Disclosure Statement, and then only in connection with the transaction contemplated by buyer and seller. This Report is not intended to be and may not be used for any other purposes, including but not limited to appraisal or valuation of the property. This Report may not be used by or relied upon by any other parties, including but not limited to lenders or subsequent buyers, nor shall there be any third party beneficiaries regardless of their relationship with or to buyer, seller, or the property. LGS Reports, Inc. makes no representation or covenant as to the Report's effect on the value of the property as a result of the various disclosures Contained in this Report. This Report is valid solely for the transaction presently Contemplated between this buyer and this seller relating to the property address and assessors parcel number (APN) furnished by the seller as shown on page one (1) of this Report. Seller is responsible for verifying the accuracy of the property address and APN within five (5) days of receipt of this Report. Upon notification of an inaccurate address or APN, LGS will issue a replacement report. If multiple adjacent parcels are being transferred as a single property or in a single transaction, this Report treats them as if they were a single parcel. That is, hazards that affect an individual parcel will be disclosed as affecting all parcels. Should seller or buyer desire a disclosure with regard to each parcel separately, a separate report must be ordered for each such parcel. The disclosures Contained in this Report are valid only as of the date shown on page one (1) of this Report. LGS Reports, Inc. shall have no duty or obligation to inform buyer or seller, or their agents or lenders, of any changes or governmental actions pertaining to or affecting the property coming affective after the date shown on page one (1) of this report. It is recommended that a request for an updated Report be made if the property remains unsold for an extended period of time after this Report is issued. LGS Reports, Inc. has relied solely upon records and information specifically referred to in this Report for preparation of this Report. These records and information were supplied by various governmental agencies. LGS Reports, Inc. assumes that the records and information supplied by various governmental agencies are complete and accurate. Consequently, LGS Reports, Inc. shall not be responsible for any inaccuracies or omissions in public records or in information reported by various governmental agencies. No physical inspection of the Property has been made. LGS Reports, Inc. shall have no responsibility or liability for any Costs or Consequences arising due to the need, or lack of need, for earthquake insurance or flood hazard insurance. The National Flood Insurance or an insurance agent should be contacted for information regarding flood insurance. An insurance agent should be contacted for earthquake insurance information. ACCEPTANCE OR USE OF THIS REPORT, OR EXECUTION BY BUYER, SELLER, OR THEIR RESPECTIVE AGENTS OF A NATURAL HAZARD DISCLOSURE STATEMENT IN CONJUNCTION WITH THIS REPORT, CONSTITUTES APPROVAL AND ACCEPTANCE OF THE TERMS, CONDITIONS, AND LIMITATIONS STATED HEREIN. UNDER NO CIRCUMSTANCES SHALL LGS BE LIABLE FOR LOST PROFITS OR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH, OR ARISING OUT OF, THE PREPARATION, ISSUANCE, OR USE OF THIS REPORT. C"3LGS Rep . Im 272WAgoura Rd. Su.112M Cede 1e H.ft. CA 91MI TeIe0D-B115599 Fax8W5a)65fifi—LGSRep s.mm LRWI CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Grant Deed dated the 4t° day of February, 2004, from Owens -Brockway Glass Container Inc. is hereby accepted by the City Council of the City of Vernon as of the 6`" day of February, 2004 and the City consents to the recordation thereof by its duly authorized officer. Date: February 4, 2004 CITY OF VERNON LEONIS C. [iALBUR�YOR ATTEST: BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FORM: Eric T. Fres6h, City Attorney s COUNTY OFLOS-ANGELES•'QFFICE OF THE ASSESSOR 1S 0 WEST TEMPLE STREET • LOS ANGELES. CA 90012-MO of i11�t C`� - Teerxnre:213.9Tx.3211•{.mal: asfeSSMOma.m.,a• Weft, Sae: 2aYarlBcsef`cn-masarN a�c�eMh:MCnSi Uesea ayuea an Esaxi same at rumem 213.9713211 Aliliqlatiffi PRELIMINARY CHANGE OF OWNERSHIP REPORT fTo be completed by transferee (buyer) prior to'Iransler of subject property in accordance wBh. section 480.3 of the, Revenue and Taxation Code.) A Preliminary Chagge of Ownership Report must be filed with each conveyance in the County Recorder's office for the county where the property is located; this particular form may be used in all 58 counties of California. I THIS REPORT IS NOT A PUBLIC DOCUMENT SELLER/TRANSFEROR: IJweua—Brockway, Glass Container Inc. BUYER/TRANSFEREE: City of Vernon, a municipal corporation ASSESSOR'S PARCEL NUMBER(S) PROPERTY ADDRESS OR LOCATION: South aide of,East 50th, Vernon. MAIL TAX INFORMATION TO:. 'NameBruce*V.-.Malkenhbrat, City Administratt NOTICE: A Fen lon property takes applies to your property on January 1 of each year far the taxes awing In the following fiscal year. July 1 through June 30. One -hall of these taxes is due November 1, and one-half is due February 1. The first installment pecansdelinquent on December 10, and ate secant installment becomes delinquent on April 10. One•tex bill is mailed before November 1 to the owmer of record. If this transfer occurs after January 1 and on or before December 31, you may be responsible for the second Installment of taxes due February 1. The property which you acquired may be sdbjecl to a supplemental assessment in an amount io be determined by the I ns Angeles County Assessor. For further Information on your supplemental roll obligation, please call the I ns Annales minty Assessor in 'Pint 974-son . PART I: TRANSFER INFORMATION (please answer all gwesaohs) yes, on ❑ ®' A. Is this transfer Solely between husband and wife (addition of a spouse, death of a Spouse, divorce settlement, etc.)? ❑ (3 B. Is this transaction only a correction of the names) of the pelson(s) holding title to the property (for example, a name change upon marriage)? ❑ ® C. Is this document recorded to Create, terminate, or reconvey a lender's interest in the property? ❑ ® D. Is this transaction recorded only ase requirement for financing purposes or to create, terminate, or reconvey a security interest (e.g., cosigner)? ❑ CR E. Is this document recorded to substitute a trustee under a deed of trust, mortgage, or other similar document? ❑ ( • . F. Did this transfer result in lheCrealion of ajoirq tenancy in which the seller (transistor) remains as one of the joint tenants? ❑ Q G. Does this transfer return property to the person who created the joint tenancy (original transferor)? H. Is this transfer of property: ❑ ® 1, to a Imst for the benefit of the ❑ Grantor ❑ Grantors spouse? ❑ ® 2. to a trust revocable by the transistor? ❑ g 3. to a trust prom which the property ravens to the grantor within 12 years? ❑ Q I. If this property is subject to a lease, is the remaining pease term 35 years or more including written options? ❑ Q *J. Is this a transfer between ❑ parent(s) and child(ren)? ❑ or from grandparent(s) to grandchild(ren)? ❑ ® 'K. Is this transaction to replace a principal residence by a person 55 years of age or older? Within the same county? ❑ Yes ❑ No ❑ ® *L. Is this transaction to replace a principal residence by a person who is severely disabled as defined by Revenue and Taxation Code section 69.5? Within the same county? ❑ Yes ❑ No 'If you checked yes to J, K art., you may qualify for a property tax reassessment exclusion, which may result in power taxes on your property. If you do not file a claim, your property will be reassessed. Please provide any other information that will help the Assessor to understand the nature of the transfer. If the conveying document'conslitutes an exclusion from a change in ownership as defined in section 62 of the Revenue and Taxation Code for any reason other than those listed above, set forth the specific exclusions claimed: Please answer all questions in each section. No question does not apply, lodkete with "WA"Sign and date at bonom ofsecaMPage. PART If: OTHER TRANSFER INFORMATION A. Dale of transfer it other than recording dale B. Type of transfer /please checkappropiiale dart. 11 Purchase ❑ Foreclosure ❑ Gill ❑ Trade or Exchange ❑ Merger, Stock, or Partnership Acquisition 11 Contras of Sale -Date of Contract June 13. 2003 ❑ Inheritance — Date of Death ❑ Other /please explain/: ❑ Creation of Lease ❑ Assignment of a Lease ❑ Termination of a Lease ❑ Sale/Leaseback ❑ Date pease began ❑ Original term in years (including written options) ❑ Remaining term in years (including written options) Monthly Payment Remaining Term C. Was only, a partial interest in the property transferred? ❑ Yea M No If yes, indicate the percentage transferred %. its Assessor's Assessor's Parcel PAeaseansnei toASebestalywq. waRleedge inarlsqp7afAfaide Oa pnesanabafnarall, emkidAelei 7WA' A. CASH DOWN PAYMENT OR rake of Trade m exchange (excluding closing costs) Artwll $ 99 i B., FIRST DEED OF TRUST O. n/a %interest let years. PymisJMo.=It (Prin. 4 Ins. only) Amounl$_ ❑ FHA( Gal t Polnss) (3 Fixed vale ❑ New loan ❑ Conventional ❑ Variable rate O Assumed existing loan balance ❑ VA ( Discount Points) ❑ All inclusive D.T. IS _ Wrapped) ❑ Bank or savings8 loan ❑ Cal -Vat ❑ Loan carved by seller ❑ Finance company Balloon payment ❑ Yes ❑ No Due Date Amount $ G. SECOND DEED OF TRUST 0 n/a %interest for years. PymtsAAo. = $ (Pnn. $ Int. only) Amount $ _ ❑ Bank or savings $ loan ❑ Fixed rate, New .an -❑ Loan earned by sailer ❑ Variable rate ❑ Assumed stilling ban balance Balloon Payment ❑ Yes El No, Due Dale Amount $ D. OTHER FINANCING: Is other financing involved not covered in (b) or (c) above? ❑ Yea $ No Amount $ T pe ® - % interest for years. PymtaJMo. = $ _ (Prin. $ Ins. only) Bank or savings $ ban ❑ Fixed rate ❑ New ban ❑ Loan carried by seller ' ' ❑ Vaneble rate - ❑ Assumed existing ban balance , Balloon payment ❑ Yes ❑ No Due Date Amount $ E. WAS AN IMPROVEMENT BOND ASSUMED BY THE BUYER? ❑ Yes 11 No Outstanding Balance: Amours $ F. TOTAL PURCHASE PRICE /or acpulsyron price, it traded w exchanpog include ree/eaNle commission dpM/ TOTAL ITEMS A THROUGH IS 2.010.447.35 G. PROPERTY PURCHASEQ ❑ Through a broker ® Direct Iron seller ❑ From a family member ❑ Other -(please exp/ix II purMeseo Inman a broker, provide broker's name and phone number. , Please explain any special terms. seller concessions, or rimming and any omgr information duet would help the Assessor understand me purchase price and terms of sale: 0. Single-family residence ❑ Agriicultural ❑ Timeshare ❑ Multiple -family residence (m. of units: ) ❑ Coop/Own-your-sum ❑ Manulactured lane IRCommenciaglndustrial I . , - ❑_Cadominlum ❑ Uninformed lot Other (Description: i.e., timber, mineral, water lights, lac .' City Yard ) B. IS THIS PROPERTY INTENDED AS YOUR PRINCIPAL RESIDENCE? ❑ Yes ® No If yes, enter date of occupancy / . 20 or intended occupancy / , 20 /ao+xn/ Irayl ewm/ lava lacy/ awe/ C. IS PERSONAL PROPERTY INCLUDED IN PURCHASE PRICE (i.e., furniture, [arm equipment, machinery. lac.) (other than a manulsoured home subject b local properly tax)? ❑ Yes M NO If yes, enter the value of me personal property included in me purchase price $ (Astral, ilemiredAV o/persare/p rivery.) D. IS A MANUFACTURED HOME INCLUDED IN PURCHASE PRICE? ❑ Yes ® No If yes, law much of the purchase price is allocated to the manufactured home? $ Is the manufactured home subject to local property tax? ❑ Yes ❑ No What [a the decal number? E. DOES THE PROPERTY PRODUCE INCOME? ❑. Yes ® No If yes, is me income from: ❑ Lease/Rent ❑ Contract ❑ Mineral rights ❑ Other (please axptain�. F. WHAT WAS THE CONDITION OF THE PROPERTY AT THE TIME OF SALE? ❑ Good $ Average ❑ Fair ❑ Poor Please explain the physical condifion of the property end provide any other information (such as restrictions, etc.) that would assist me Assessor In determining the value of the property: OWNERSHIP TYPE (✓) I'martelorship ❑ / certify dial Me lofegainq As tfae, correct and comp/ele to the best o/my knowledge and bellef. P.M ershp ❑ This declaration is binding on each and every co-owner andlor partner. COryOraubn- OlhermLLn]C108 AURFrCE901FIRMSFEREE NPME OFi FEPEE (ooaldp wy TnEE Bruce V. Malkenhorst ity Administrator/City E AT T EP EOP OFFC ME MERE Pebruar 6 2004 HxCE rnon v Ip NUMBED City of Vernon t of Vernon 600 808 SS WE 4305Santa Fe Ave., Vernon, CA 90058 (323 583-8811 (NOTE: The Assessor may contact you for addlfanat Inlunnalik n.) M a document evidencing a change of ownership Is presented to the recorder for recordation without the concurrent filing of a preliminary <Mnge of ownereMp repot, the recorder may charge sn addltlonat recording lee of a,enly dollars ($20). FIRPTA AFFIDAVIT CERTIFICATE OF NON -FOREIGN STATUS (U.S. TRANSFEREE) CERTIFICATE OF TRANSFEREE OTHER THAN AN INDIVIDUAL (FIRPTA Affidavit) Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. To inform the transferee that withholding of tax is not required upon the disposition of a U.S. real property interest by Owens -Brockway Glass Container Inc. (Transferor"), the undersigned hereby certifies the following on behalf of the City of Vernon ("Transferee"): 1. Transferee is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); 2. Transferee's U.S. employer identification number is 95-6000808; and 3. Transferee's office address is 4305 Santa Fe Avenue, Vernon, California 90058. Transferor understands that this certificate may be disclosed to the Internal Revenue Service by the transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalty of perjury, I declare that I have examined this certificate and to the best of my knowledge and belief it is true, correct and complete, and I further declare that I have the authority to sign this document on behalf of Transferee. Dated: February 4, 2004 Trans ree: City of Vemo BRUCE V. MALKENHORST, City Administrator/City Clerk APPROVED AS TO FORM: ERIC T. FRESCH, City Attorney NOTICE TO TRANSFEROR: Transferee is required by law to retain this Certificate until the end of the fifty taxable year following the taxable year in which the transfer takes place and to make it available to the Internal Revenue Service if requested during that period. Feb-04-04 02:52 m From-Lmeree Eiermw 213 484 0417 T-011 P.002/008 F-218 COMMERCE ESCROW COMPANY 1545 Wilshire Blvd., Suite 600, Los Angeles, Califomia 90017 Tel.: (213) 484-0855 (310) 2845700 (888) 732-6723 Fax (213) 484-0417 COMMERCE ESCROW COMPANY IS LICENSED BY THE DEPARTMENT OF CORPORATIONS 51ATE OF CALIFORNIA LICENSE ♦ 963 0884 Escrow no.: 03-40627hd Date: January 29, 2004 Escrow officer: Han Doan Escrow Assistant: Tyeesha McDonald Property address: South Side Of 50°1 Street, Vernon, Ca Amended and/or Supplemental Escrow Instructions Our original escrow instructions under the above referenced escrow are hereby amended and/or supplemented in the following particulars only: The patties acknowledge the following: 01. That in order to effectuate the lot line adjustment, which is a condition precedent to the closing of this transaction, Seller shall install drainage pumps on the parcel that is the subject property. 02. The installation of the aforementioned drainage pumps may extend beyond the close of escrow. 03. Seller shall complete the installation of the drainage pumps no later than ninety (90) days after the close of escrow. The foregoing acknowledgements are strictly agreements by and between the undersigned parties with which Escrow Holder shall not be concerned except as follows. Escrow Holder is authorized and instructed to holdback fiords in the sum of $75.000.00 (the "Holdback Amounfl from the proceeds due the undersigned Seller at the close of escrow. Said finds shall be deposited into an interest bearing money matt account at City Natiorul Bank accruing interest for the benefit of Seller. The Holdback Amount, with all accrued interest, shall be disbursed to Seller upon Escrow Holder's receipt of mutually executed escrow instructions from the parties to do so once Seller has installed the drainage pumps as required by the City of Vernon. In the event that Seller does not complete the installation of the drainage pumps within ninety (90) days from the close of escrow, then the parties hereby mutually instruct Escrow Holder to disburse the Holdback Amount to Buyer in the manner set forth below so that Buyer can complete the installation of the drainage pumps. It is understood by the Parties that the Holdback Amount is intended to be an estimate of the cost to complete the installation of the drainage pumps. Should the completion costs exceed the Holdback Amount, then Escrow Holder is authorized and instructed to disburse the entire Holdback Amount, with accrued interest, to Buyer and Buyer shall obtain any cost difference from Seller directly outside of escrow by any and all means, the collection of said cost difference is a matter with which Escrow Holder shall not be concerned. If on the other hand, the cost of the completion is less than the Holdback Amount, Escrow Holder is authorized and instructed to disburse to Buyer an amount equal to the actual cost of completing the installation of the drainage pumps. The remainder of the Holdback Amount shall be disbursed to Seller once all work on the drainage pugs has been completed. Seller shall also receive an accounting of the amount disbursed to Buyer along with copies of the documentation evidencing the actual cost of completing the post -closing construction. Prior to the disbursement of the Holdback Amount to Buyer, for the completion of the installation of the drainage pumps, Escrow Holder shall be provided with: (1) a copy of a letter from the City of Vernon to the Seller notifying Seller that the Seller has failed to comply with the conditions under which the lot line adjustment was approved, that is, that the installation of the drainage pumps has not been completed within the required time period; and (2) a cost estimate, invoice, or other such documentation evidencing the cost of completing the installation of the drainage pumps. All other terms and conditions remain the same. The tndentigned state he/they/she has read the foregoing instruction and agrees to them, and hereby acknowledges receipt of a copy thereof. Seller's signature: Owens -Brockway Glass Container Inc., A Delaware Corporation Its: - - ATTE$ BRUCE V. MALRENHORST, City Clerk Buyer's signature: Y Uiltilllib City of Vernon By: BY:�aHls C. MALB RG. Mavor APPRO D AS L' ERIC T. TRESCH, C ttorney Fab-04-04 02:52M Froe-[coerce Escrn 213 484 0417 T-811 P.003/008 F-216 OW LL� COMMERCE ESCROW COMPANY 1545 Wilshire Blvd., Suite 600, Los Angeles, California 90017 Tel,: (213) 484-0855 (310) 284-5700 (888) 732-6723 Fax (213) 484-0417 COMMERCE ESCROW COMPANY 15 LICENSED BY THE DEPARTMENT OF CORPORATIONS STATE OF CALIFORNIA LICENSE a 963 0884 Amended and/or Supplemental Escrow Instructions Escrow No. 03-40627hd Date: January 29, 20041 Revised February 4, 2004 Escrow Officer: Han Doan Escrow Assistant: Tyeesha McDonald/Danielle Graf Property: South Side Of 50'' Street, Vernon, Ca Our original escrow instructions under the above referenced escrow are hereby amended and/or supplemented in the following particulars only: 1. Title to in property is hereby amended as follows: The City of Vernon, a Municipal Corporation. The City o Vemon, a Municipal Corporation is substituted herein as Buyer instead of The Redevelopment Agency of the City of Vernon, a public body, corporate and politic and wherever the time The Redevelopment Agency of the City of Vernon, a public body, corporate and politic appears in any prior instructions the same is hereby amended to be The City of Vernon, a Municipal Cooxrpporation. The City of Vernon, a Municipal Corporation hereby approves, promises to comply and ratifies all previous instructions in connection with this escrow and shall be deemed a party to this escrow in heu of The Redevelopment Agency of the City of Vernon, a public body, corporate and politic. All funds presently on deposit (including interest accrued thereon) are to be used for the account of The City of Vernon, a Municipal Corporation without payment of consideration to The Redevelopment Agency of the City of Vernon, a public body, corporate and politic through this escrow for so doing. 2. The ALTA owners policy of title insurance to be issued at closing in favor of Buyer in the amount of $1,990,000.00 shall be subject only to: Exceptions 1 (2ne installment only), 2, 3, 4, 7 and 8 of Fidelity Title Company's preliminary title report issued under order no. 9751365-B, dated as of November 07, 2003. 3. At close of escrow, Escrow Holder shall prorate the following items: a) 2003/2004 2ne installment taxes in the amount of $13,186.00, credit Buyer and debit Seller in the amount of $73.26 per diem from January 01, 2004 to the date of close of escrow. b) Rents in the total monthly amount of $17,500.00, credit to Buyer and debit to Seller in the amount of $583.33 per diem from the date of the close of escrow to March 01, 2004. Buyer and Seller hereby confirm the fact that there are no security deposits. 4. The above tax proration was based on an amount provided to Escrow Holder by the Parties. Should the actual tax amount be more or less than the amount used for our proration, the Parties shall resolve any discrepancies outside of escrow. 5. The Parties have approved and will provide Escrow Holder and Fidelity National Title with a final legal description for use in the closing if this transaction. All other terms and conditions shall remain the same Seller's signature Owens -Brockway Glass Container Inc., A Delaware Corporation By: Its: Buyer's signature The City of Vernon Its: 1.e6 a C. Malbura. Mayor BRUCE V. MALKE HORST, City Clerk APPROVED : A ERIC T. FRESCHC City At orney Feb-04-04 02:53pm From-Cmerce Esv w 213 484 0417 T-811 P.004/008 F-218 Ct COMMERCE ESCROW COMPANY 1545 Wlshire Blvd.. Suite 600, Los Angeles, California 90017 Tel.: (213) 484-0855 (310) 284-5700 (888) 732-6723 Fax (213) 484-0417 COMMERCE ESCROW COMPANY 15 LICENSED BY THE DEPARTMENT OF CORPORATIONS STATE OF CALIFORNIA LICENSE 0 963 0884 Revised- Buyer's Estimated Closing Statement dated February 04, 2004 Escrow No. 03-4062 7hd Estimated Closing Date: February 06, 2004 The City of Vernon In escrow with Owens -Brockway Glass Container Inc. p_opert-Y:South Side of 50th Street/2923 Friutland Avenue Vernon California _________...-.i...__.t____......— DEBITS CREDITS Tote! Consideration $1'990,000.00 Deposits into Escrow: $99,500.00 Additional Deposit Interest earned tbd Title Charges: ALTA Owners upgrade $1,800.00 Binder $480.00 Recording fee-est $150.00 Escrow Charges: 1/2 escrow fee $1,500.00 Messenger fee-est $100.00 Notations Taxes 2nd half 2003-2004 ® $13,186,00 $2,783.88 at $73.26 /diem Fr. 01/01/04 to 02/09/04 Rents @ $17,500.00 ($583.33/Day) $12,249.93 Fr: 02/09/04 to 03/01/04 Security Deposits $0.00 Other charges: Insurance premium (Outside of Escrow) padding until fianl audit $1,478.35 The following are subject to Buyer's approval Reimbursement to Seller Additional work approved 12/11/03 $13,121.00 Additional work approved 12/29/03 $1,818.00 Approx. balance needed to close $1,895,913,54 TOTALS $2,010,447.35 $2,010,447.35 This is a preaudit of your closing. Exact figures will be secure and more information will follow. please advise if you have any changes. s�i� ���"" " Read and approved by: yy��«C - �r r -Le nis C. Ma urg, ayor Feb 04-04 02:53M Fran -Camera Eamx 213 484 0417 T-011 V005/008 F-216 FCt COMMERCE ESCROW COMPANY 1545 Wilshire Blvd., Suite 600, Los Angeles, California 90017 Tel.: (213) 484-0855 (31 D) 284-5700 (888) 732.6723 Fax (213) 4844)417 COMMERCE ESCROW COMPANY IS LICENSED BY THE DEPARTMENT OF CORPORATIONS STATE OF CALIFORNIA LICENSE 0 963 0884 CITY NATIONAL BANK Specialty Deposits One Centerpointe Dr., # 160 La Palma, CA 90623 122 016 066 For benefit of COMMERCE ESCROW COMPANY (Trust Account) Account no.: 013-295700 Escrow No. 03-40627hd Escrow Officer: Flan Doan Feb-04-04 Oi:63mm From -Commerce Escrow 213 404 0417 T-011 P.006/006 F-216 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO THE CITY OF VERNON 4305 SANTA FE AVENUE VERNON, CA 90058 ATTN: GLORIA OROSCO MAIL TAX STATEMENTS TO: SAME AS ABOVE ESCROW NO. 03-406027hd GRANT DEED A.P.N. #6303-029-001 THE UNDER-pGNED GRANTOR DECLARES: DOCUMENTARY TRANSFER TAX NOT SHOWN PURSUANT TO SECTION 11932 OF THE REVENUE AND TAXATION CODE, AS AMENDED FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, OWENS-BROCKWAY GLASS CONTAINER INC., A DELAWARE CORPORATION SUCCESSOR BY MERGER TO OWENS-ILLINOIS GLASS CONTAINER INC., A DELAWARE CORPORATION HEREBY GRANT(S) TO: THE CITY OF VERNON, A MUNICIPAL CORPORATION THE FOLLOWING DESCRIBED REAL PROPERTY IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA: DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE AS EXHIBIT "A" AND AS SHOWN ON THE MAP ALSO ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE AS EXHIBIT "B" SEEPAGE TWO FOR GRANTOR'S SIGNATURE DATED: FEBRUARY 04.2004 Fen-04-04 02:53nm from -Commerce Eccrox 213 484 0417 ABII P.007/008 F-218 GRANT DEED- PAGE Two SIGNATURE OF GRANTOR OWENS-BROCKWAY GLASS CONTAINER INC. A DELAWARE CORPORATION BY: .......I ..................... NOTARY ACKNOWLEDGMENT: STATE OF CALIFORNIA ) ) SS. COUNTY OF ON . BEFORE ME THE UNDERSIGNED A NOTARY PUBLIC IN AND FOR SAID STATE. PERSONALLY APPEARED PERSONALLY KNOWN TO ME OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS) WHOSE NAME IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHEfiEEY EXECUTED THE SAME IN HISfHERITHEIR AUTHORIZED CAPACITY(IESX AND THAT BY HIS/HER/T M SIGNATURES) ON THE INSTRUMENT THE PERSON OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED. EXECUTED THE INSTRUMENT. WITNESS MY HAND AND OFFICIAL SEAL. 'Feb-04-04 02:53pm From -Commerce Escrow 213 484 0417 T-91I P.008/008 F-210 STATEMENT OF TAX DUE AND REQUEST THAT TAX DECLARATION NOT BE MADE A PART OF THE PERMANENT RECORD IN THE OFFICE OF THE COUNTY RECORDER PURSUANT TO SECTION 11932 R & T CODE. TO: REGISTRAR RECORDER COUNTY OF LOS ANGELES REQUEST IS HEREBY MADE IN ACCORDANCE WITH THE PROVISIONS OF THE DOCUMBNTARY TRANSFER TAX ACT THAT THE AMOUNT OF TAX DUE NOT BE SHOWN ON THE ORIGINAL DOCUMENT WHICH NAMES OWENS-BROCKWAY GLASS CONTAINER INC-, A DELAWARE CORPORATION SUCCESSOR BY MERGER TO OWENS-ILI.TNOIS GLASS CONTAINER INC., A DELAWARE CORPORATION (GRANTOR) THE CITY OF VERNON, A MUNICIPAL CORPORATION (GRANTEE) PROPERTY DESCRIBED IN ACCOMPANYING DOCUMENT IS LOCATED IN THE CITY OF: VERNON UNINCORPORATED AREA: THE AMOUNT OF TAX DUE ON THE ACCOMPANYING DOCUMENT IS: COUNTY TAX: 5:0. CITY TAX: SSO- M COMPUTED ON FULL VALUE OF PROPERTY CONVEYED (_) OR COMPUTED ON FULL VALUE LESS LIENS AND ENCUMBRANCES REMAINING AT TIME OF SALE. SIGNATURE OF DECLARANT OR AGENT COMMERCE ESCROW COMPANY FIRM NAME AFTER THE PERMANENT RECORD IS MADB, THIS FORM WILL BE AFFLXM T07M CONVEYING DOCUMENT AND RETURNED WITH IT. City Administrator's Office February 4, 2004 TO: Bruce V. Malkke(tnhoorst, City Administrator FROM: Chris RomerU; A',dministrative Aide SUBJECT: OMENS BROCRNAY - CITY ACQUISITION I have reviewed the final figures for the acquisition of the Owens -Brockway property. It appears the final costs were within 3% of the original project budget estimated in August 2002. After getting final approval from the City Attorney's office, the City will need to make a wire transfer for the following; 1) Property acquisition; 2) Real Estate Brokerage Commission. Please let me know if you have any questions on this matter. McKinney Travers warl0oia/e Real Estare 5avlces February 2, 2004 2833 t.eonis eouiev d Suite 311 Vernon. CA 90058 Mr. Bruce Malkenhorst Ph. 323.589.1800 City Administrator Fox 323.589.9375 City of Vernon 4305 Santa Fe Avenue Vernon, Califomia 90058 Re: Estimated Closing Statement and Revised Project Budget for the purchase transaction for the real property commonly known as the South Side of 5e Street, Vernon, California (Owens -Brockway) Dear Mr. Malkenhorst: As discussed, attached please find the exhibits outlining the costs involved in consummating the above referenced transaction which are as follows: Exhibit "A": Estimated Closing Statement (Commerce Escrow) — February 2, 2004 Exhibit "B": Revised Project Budget — February 2, 2004 Exhibit "C": Preliminary Project Budget — August 5, 2002 The Close of Escrow is targeted for Friday, February 6, 2004. If there are any comments and or questions that I Can answer, please do not hesitate to contact me. Sincerely, McKinney Travers • ONCOR International The Industrial Division of Travers Realty Corporation Philip T. Attalla Senior Vice President PTA/mp Attachment cc: Eric Fresch, City Attorney, City of Vernon R FcF�VFO ?004 �AOM�N�STAATpq S ��/0f AWW/020206MaWe W Omces n 1B0 CIBm • Wlle S Oa Au Bel i m Ca CZBCII RepuOYc. f]enmvk kmce. Germany. Hb Ko Ulm. ine NeRaWxB Swetlen, UMetl IGngtl ,qOL r,",03 r".0 L11 1C4 Y911 „An F drt^retca tsctar EXBIBIT TATEMENT M Fet'at�M 11:5bA ` C 4� COMPANY COMMERCEire 600 Eos A^Reles' California 23 17 1545 g55 131012845700 (688)732-672J wdshoe Blvd.. RATION5 17 TMENT OF CORPO TeIy 1213148� Fax 1213145a-OaHE DEPAR PANY IS LICENSED p 963 OBBa W C07q E OF CALIfORNIA LICENSE 2004 COMMENCE ESCNO nt dated Febtu"Y 02 Smsem gevised- Buyets Estimated Clos"Ig -Bid Escrow No. February 06, 2004 Estimated Closing Date: of the City of V eroon The Redevelopment Agency b escrow with er bc. Owens-BtoaYrkwE'lass C°ntam _ Deposits into Escrow: Additional Deposit Interest earned Title Charges: ALTA Owners upgrade Binder Recording fee-est Escrow Charges. 1/2 escrow fee Messenger fee-est Proration Taxes 2nd half 2003.2004 @ $13,186.00 at $73.26 /diem Fr. 01/01/04 to 02/004 Rents Qa $17,500.00 ($583.33/)ay) Fr: 02/06/04 to 03/ol/04 Security Deposits Other charges: IaRltance Premium (fhttside of Escrow) Padding until fW audit The following arc subjett to Buyer's a Reimbursement to pprm,>V Seller Additional woriL Add;tonapproved 12/11/03 rOx b wot} approved PPalance eti_ . 17✓29/03 $99,500.00 tbd $1,800.00 S480.00 $150.00 S1,500.00 $100.00 1 �1�.3l3.25 J1,478 35 113,12100 Tb+s;s s \$1118� r,y„ird`°LF,y�oLLtr/'9LS Reny any aop Le.dwl."T Any CIA �zaa tgu e$ ,Zlbes 1pd4A z �^. Feb-01-04 11:50a Fro"anerce esum 9Ie 414 "It I -red r. eeueee r $@ EXHIBIT "A" NEW C TATEMENT Ct COMMERCE ESCROW COMPANY 1545 Wilshire Blvd. Suoe 600, Los Angeles, California 90017 TN.: 1213) 4844855 (310) 284 5700 (888) 732.6723 Fa.(213) 484.0417 COMMERCE ESCROW COMPANY IS LICENSED BY THE DEPARTMENT OF CORPORATIONS STATE OF CALIFORNIA LICENSE 4 963 0884 Revised- Buyer's Estimated Closing Statanem dazed February 02, 2004 Escrow No. 0340627hd Estimated Closing Date: February 06, 2004 The Redevelopment Agency of the City of Vernon In escrow with Owens -Brockway Glass Container Inc. Property: South Side of 50th Street/2923 Friu_tland Avenue, Vemo4 California _ _D_EB_ITS _ CREDITS Total Consideration S1,990,000.013 Deposits into Escrow: - $99,500.00 Additional Deposit ]merest earned the Title Charges ALTA Owners upgrade $1,800.00 Binder S480.00 Recording fee-est $150.00 Escrow Cbarges: 1/2 escrow fee S1,500.00 Messenger fee-est S100.00 Proration Taxes 2nd half 2003-2004 @ $13,186.00 $2,564.10 at S73.26 /diem Fr. 01/01/04 to 02/06/04 Rents @ $17.500.00 ($583.33/Day) S14,583.25 Fr: 02/06/04 to 03/01/04 Security Deposits $0.00 Other charges: Insurance premium (Outside of Escrow) Padding until hand audit $1,478.35 The following are subject to Buyer's approval Reimbursement to Seller Additional work approved IV11/03 $13,121.00 Additional work approved 12/29/03 S1,8I8.00 Approx balance needed to close $1,993,900.00 TOTALS S'2,010,447.35 $2,010,447.35 This is a preaudit of your closing. Exact figures will be secure and more information will follow. Please advise if you have my changes. Read and approved EXHIBIT "B" Revised Proiect Budoet - February 2, 2004 PIC Environmental Services: Environmental testing $ 14,740.00 Owens Brockway: Purchase Price $1,940,000.00 Purchase of Easement $ 50,000.00 Total Purchase Price: $1,990,000.00 Travers McKinney d.b.a. McKinney Travers: Real Estate Brokerage Services $ 60,000.00 Commerce Escrow: Escrow Fees $ 1,600.00 Fidelity Title Buyer's ALTA Policy Upgrade $ 1,950.00 Policy Binder 480.00 Additional Site Work: Electrical Underground $ 13,121.00 Purchase of Fire Monitoring System $ 1,818.00 Total Additional Site Work: $ 14,939.00 Estimated Project Total: $2.083.709.00 .M EXHIBIT "C" Project Budget -- August 5. 2002: PIC Environmental Services Environmental Testing $ 14,740.00 Owens -Brockway: $1,940,000.00 Purchase Price Travers McKinney d.b.a. McKinney Travers Real Estate Brokerage Services: $ 60,000.00 Commerce Escrow: Escrow Fees $ 2,000.00 North American Title: Buyer's ALTA Policy Upgrade $ 1,030.50 Policy Binder 41220 Estimated Total: $2.018.182.70 February 2, 2004 Mr. Bruce Malkenhorst City Administrator City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 McKinney Travers �IlllllllUllllll • 1111111 Isr:?�r,^,r. �:aFusrTrs�:srr_a 2833 Leonis Boulevard Suite 311 Vernon. CA 90058 Ph. 323.589,1800 FM 323.589.9375 Re: Commission Invoice for the purchase transaction for the real property commonly known as the South Side of 50" Street, Vernon, California (Owens Brockway) Dear Mr. Malkenhorst Congratulations on your acquisition of the above -referenced property for the Redevelopment Agency and the City of Vernon. As dictated by our agreement, a real estate brokerage commission shall be due at the close of escrow to Travers McKinney Realty Corporation d.b.a. McKinney Travers ONCOR International ("McKinney Travers") as calculated below: Total Purchase Price of the property: $ 2,000,000.00 Real Estate Brokerage Commission Percentage: 6 % Real Estate Brokerage Commission Amount: 120,000.00 Less: Credit to the City of Vernon (50%): ($60,000.00) ---•--'------------- Total Real Estate Brokerage Commission now due McKinney Travers Realty Corporation: $60,000.00 Thank you and McKinney Travers looks forward to being of service to you again in the future! Sincerely, McKinney Travers • ONCOR International RECEIVED The Industrial Division of Travers Realty Corporation FEB - 3 2004 Philip T� ssii v WYAOMINISTRATOR'S OFFICE Senior Vice President Attachment: Wire Transfer Instructions cc: Eric Fresch, City Attorney, City of Vernon pwe.-maa.h Wy Oates In I W Clues • Jotted States Ausira. Belgium Cary>- '.. (+ermgnY F" J Ka �m�rem � united Kxgt WIRE TRANSFER INSTRUCTIONS McKinney Travers Wortdwltle fleM Es[nfe 5ervlces 2833 Leonis Boulevard Suite 311 Vernon, CA 90058 To: Mr. Bruce Malkenhorst CityAdministrator Ph. 323.589.1800 Fmc 323.589.9375 City of Vernon From: Philip T. Attalla Senior Vice President McKinney Travers Date: February 2, 2004 Re: Commission Invoice for the purchase transaction for the real property commonly known as the South Side of 50" Street, Vernon, California (Owens Brockway) Dear Mr. Malkenhorst: At the close of Escrow, please wire transfer (i.e. Direct Deposit) the commission which will become due to Travers McKinney Realty Corporation d.b.a. McKinney Travers • ONCOR International in the amount of approximately $60,000.00 to the following: Travers McKinney Realty Corporation, d.b.a. McKinney Travers • ONCOR International Wells Fargo Bank (Los Angeles Regional Office) 707 Wilshire Boulevard, Suite W-149 Los Angeles, CA 90071 Account#: 0290-284918 ABA # : 121000248 Should you have any questions, please do not hesitate to call. Sincerely, &"'9 Philip T. Attalla Senior Vice President cc: Eric Fresch, City Attorney, City of Vernon wurs.,cmmoimw Olfica in 1� Cines UMed Srales. A,sl,ia. Begum C�. CrecM1 RepbFc. Derx,vk Frmce, Geimmy. r� Kd%1X� KrgOttn F66-04-04 02:520 Frog-Cusarce Esc,n 213 484 0417 T-011 P.002/008 F-218 COMMERCE ESCROW COMPANY 1545 Wilshire Blvd„ Suite 600, Los Angeles, California 90017 Tel.: (213) 484-0855 (310) 284-5700 (888) 732.6723 Fax (213) 484-0417 COMMERCE ESCROW COMPANY 15 LICENSED BY THE DEPARTMENT OF CORPORATIONS 5TA rE OF CALIFORNIA LICENSE R 963 0884 Escrow no.: 03-40627hd Date: January 29, 2004 Escrow officer: Han Doan Escrow Assistant: Tyeesha McDonald Property address: South Side Of 50t° Street, Vernon, Ca Amended and/or Supplemental Escrow Instructions Our original escrow instructions under the above referenced escrow are hereby amended and/or supplemented in the following particulars only: The parties acknowledge the following: 01. That in order to effectuate the lot line adjustment, which is a condition precedent to the closing of this transaction, Seller shall install drainage pumps on the parcel that is the subject property. 02. The installation of the aforementioned drainage pumps may =end beyond the close of escrow. 03. Seller shall complete the installation of the drainage pumps no later than ninety (90) days after the close of escrow. The foregoing acknowledgements are strictly agreements by and between the undersigned parties with which Escrow Holder shall not be concerned except as follows. Escrow Holder is authorized and instructed to holdback funds in the sum of $75,000.00 (the "Holdback Amount'l from the proceeds due the undersigned Seller at the close of escrow. Said funds shall be deposited into an interest bearing money mart account at City National Bank accruing interest for the benefit of Seller. The Holdback Amount, with all accrued interest, shall be disbursed to Seller upon Escrow Holder's receipt of mutually executed escrow instructions from the parties to do so once Seller has installed the drainage pumps as required by the City of Vernon. In the event that Seller does not complete the installation of the drainage pumps within ninety (90) days from the close of escrow, that the parties hereby mutually instruct Escrow Holder to disburse the Holdback Amount to Buyer in the manner set forth below so that Buyer can complete the installation of the drainage pumps. It is understood by the Parties that the Holdback Amount is intended to be an estimate of the cost to complete the installation of the drainage pumps. Should the completion costs exceed the Holdback Amount, then Escrow Holder is authorized and instructed to disburse the entire Holdback Amount, with accrued interest, to Buyer and Buyer shall obtain any cost difference from Seller directly outside of escrow by any and all means, the collection of said cost difference is a matter with which Escrow Holder shall not be concerned. If on the other hand, the cost of the completion is less than the Holdback Amount, Escrow Holder is authorized and instructed to disburse to Buyer an amount equal to the actual cost of completing the installation of the drainage pumps. The remainder of the Holdback Amount shall be disbursed to Seller once all work on the drainage pumps has been completed. Seller shall also receive an accounting of the amount disbursed to Buyer along with copies of the documentation evidencing the actual cost of completing the post -closing construction. Prior to the disbursement of the Holdback Amount to Buyer, for the completion of the installation of the drainage pumps, Escrow Holder shall be provided with: (1) a copy of a letter from the City of Vernon to the Seller notifying Seller that the Seller has failed to comply with the conditions under which the lot line adjustment was approved, that is, that the installation of the drainage pumps has not been completed within the required time period; and (2) a cost estimate, invoice, or other such documentation evidencing the cost of completing the installation of the drainage pumps. All other terms and conditions remain the same. The undersigned state he/they/she has read rho foregoing instruction and agrees to than, and hereby acknowledges receipt of a copy thereof Seller's signature: Owens -Brockway Class Container loc., A Delaware Corporation Its: ATTE �1 BRUCE V. MALKENNHHORST, City Clerk Buyer's signature: XV41fe City of Vernon BY: By: LE'GRIS C. RG. Mayor APPRO A ERIC T. ORES H, C ttorney Feb-04-04 02:52M Fro Cmerce EFcrn 213 484 0417 7-911 P.003/008 F-218 C COMMERCE ESCROW COMPANY 1545 Wilshire Blvd., Suite 600, Los Angeles, California 90017 Tel,: (213) 484.0855 (310) 284-5700 (888) 732-6723 Fax (213) 484-0417 COMMERCE ESCROW COMPANY IS LICENSED BY THE DEPARTMENT OF CORPORATIONS STATE OF CALIFORNIA LICENSE 0 963 0884 Amended and/or Supplemental Escrow Instructions Escrow No. 03-40627hd Date: January 29, 20041 Revised February 4, 2004 Escrow Officer Han Doan Escrow Assistant: Tyeesha McDonald/Danielle Graf Property: South Side Of 50" Street, Vernon, Ca Our original escrow instructions under the above referenced escrow are hereby amended and/or supplemented in the following particulm only: 1. Title to subject property is hereby amended as follows: The City of Vernon, a Municipal Corporation. The City of Vernon, a Municipal Corporation is substituted herein as Buyer instead of The Redevelopment Agency of the City of Vernon, a public body, corporate and politic and wherever the name The Redevelopment Agency of the City of Vernon, a public body, corporate and politic appears in any prior instructions the same is hereby amended to be The City of Vernon, a Municipal Corporation. The City of Vernon, a Municipal Corporation hereby approves, promises to comply and ratifies all previous instructions in connection with this escrow and shall be deemed a party to this escrow in lieu of The Redevelopment Agency of the City of Vernon, a public body, corporate and politic. All funds presently on deposit (including interest accrued thereon) are to be used for the account of The City of Vernon, a Municipal Corporation without payment of consideration to The Redevelopment Agency of the City of Vernon, a public body, corporate and politic through this escrow for so doing. 2. The ALTA owners policy of title insurance to be issued at closing in favor of Buyer in the amount of $1,990,000.00 shall be subject only to: Exceptions 1 (2"" installment only), 2, 3, 4, 7 and 8 of Fidelity Title Company's preliminary title report issued under order no. 9751365-B, dated as of November07,2003. 3. At close of escrow, Escrow Holder shall prorate the following items: a) 2003/2004 2"installment taxes in the amount of $13,186.00, credit Buyer and debit Seller in the amount of $73.26 per diem from January 01, 2004 to the date of close of escrow. b) Rents in the total monthly amount of $17,500.00, credit to Buyer and debit to Seller in the amount of $583.33 per diem from the date of the close of escrow to March 01, 2004. Buyer and Seller hereby confirm the fact that there are no security deposits. 4. The above tax proration was based on an amount provided to Escrow Holder by the Parties. Should the actual tax amount be more or less than the amount used for our proration, the Parties shall resolve any discrepancies outside of escrow. 5. The Parties have approved and will provide Escrow Holder and Fidelity National Title with a final legal description for use in the closing if this ttanaction. All other terms and condition shall remain the same Seller's signature: Owens -Brockway Glass Container Inc., A Delaware Corporation By: Its, Buyer's signature: The City of Vernon By:�2��e� �. Its:��o��. MavorMavor BRUCE V. 6MALKENHORST, CityClerk APPROVED AS TO F f: ERIC T. FRESCHL City Attorney Fab-04-04 02:53pm From -Commerce Escrow 213 484 0417 T-911 P.004/008 F-218 rtz COMMERCE ESCROW COMPANY 1545 Wilshire Blvd., Suite 600, Los Angeles, Califomia 90017 Tel.: (213) 484-0855 WO) 284-5700 (888) 732-6723 Fax (213) 484-0417 COMMERCE ESCROW COMPANY 15 LICENSED BY THE DEPARTMENT OF CORPORATIONS STATE OF CALIFORNIA LICENSE a 963 0884 Revised- Buyer's Estimated Closing Statement dated February 04, 2004 Escrow No. 0340627hd Estimated Closing Date: February 06, 2004 The City of Vernon In escrow with Owens -Brockway Glass Container Inc. Lro�e : South Side of 50th Street/2923 Friutland Avenue, Vernon, California DEBITS CREDITS Total Consideration $1,990,000.00 — Deposits into Escrow: $99,500.00 Additional Deposit Interest earned tbd Title Charges: ALTA Owners upgrade $1,800.00 Binder $480.00 Recording fee -eat $150.00 Escrow Charges: 1/2 escrow fee $1,500.00 Messenger fee-est $100.00 Proration Taxes 2nd half2003-2004 Q $13,186,00 $2,783.88 at $73.26 /diem Fr. 01/01/04 to 02/09/04 Rears @ $17,500.00 ($583.33/Day) $12,249.93 Fr: 02/09/04 to 03/01/04 Security Deposits $0,00 Other charges: Insurance premium (Outside of Escrow) Padding until furl audit $1,478.35 The following are subject to Buyer's approval Reimbursement to Seller Additional work approved 12/11/03 $13,121.00 Additional work approved 12/29/03 $1,818.00 Approx balance needed to close $1,895,913.54 TOTALS $2,010,447.35 $2,010,447.35 This is a preaudit of your closing. Exact figures will be secure and more information will follow. Please advise if you have any 'changes. Read and approved by: ecknis C. Ma urg, ayor Frb-04-04 R i?c- Fron-[amerce Escrow 213 454 0417 T-511 PA115/OOB Hill CX COMMERCE ESCROW COMPANY 1545 Wilshire Blvd., Suite 600, Los Angeles. California 90017 Tel.: (213) 484-0855 (310) 284-5700 (888) 732.6723 Fax (213) 484-0417 COMMERCE ESCROW COMPANY 15 LICENSED BY THE DEPARTMENT OF CORPORATIONS STATE OF CALIFORNIA LICENSE x 963 0884 CITY NATIONAL BANK Specially Deposits One Centerpointe Dr., # 160 La Palma, CA 90623 122 016 066 For benefit of COMNIERCE ESCROW COMPANY (Trust Account) Account no.: 013-295700 Escrow No. 0340627hd Escrow Officer. Ilan Doan Eab-04-04 02:53pa Froo-Cmarce Eccrm 213 484 041T T-811 P.006/008 F-218 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO THE CITY OF VERNON 4305 SANTA FE AVENUE VERNON, CA 90058 ATTN: GLORIA OROSCO IST MfteX 141[40! 4 SAME AS ABOVE ESCROW NO. 03.406027hd GRANT DEED A.P.N. #6303-029-001 THE UNDERSIGNED GRANTOR DECLARES: DOCUMENTARY TRANSFER TAX NOT SHOWN PURSUANT TO SECTION 11932 OF THE REVENUE AND TAXATION CODE, AS AMENDED FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, OWENS-BROCKWAY GLASS CONTAINER INC., A DELAWARE CORPORATION SUCCESSOR BY MERGER TO OWENS-ILLINOIS GLASS CONTAINER INC., A DELAWARE CORPORATION HEREBY GRANT(S) TO: THE CITY OF VERNON, A MUNICIPAL CORPORATION THE FOLLOWING DESCRIBED REAL PROPERTY IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA: DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE AS EXHIBIT "A" AND AS SHOWN ON THE MAP ALSO ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE AS EXHIBIT "B" SEE PAGE TWO FOR GRANTOR'S SIGNATURE DATED: FEBRUARY 04, 2D04 Feb-O4-Od 02:5303 From-Commares Escrow 213 404 0417 T-0II P.007/008 F-218 GRANT DEED- PAGE TWO SIGNATURE OF GRANTOR OWENS-BROCKWAY GLASS CONTAINER INC. A DELAWARE CORPORATION BY: «aaa. a»<swssasssa<ws<a<rww<a NOTARY ACKNOWLEDGMENT: STATE OFCALEFORNIA ) ) SS. COUNTY OF ) ON BEFORE ME THE UNDERSIGNED A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED PERSONALLY KNOWN TO ME OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT FOSHEMMY EXECUTED THE SAME IN HISMERITITEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/I$R/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED. EXECUTED THE INSTRUMENT. WITNESS MY HAND AND OFFICIAL. SEAL. Feb-04-04 02:53pm From-Comserce Escrow 213 484 041T T-811 P.008/008 F-218 STATEMENT OF TAX DUE AND REQUEST THAT TAX DECLARATION NOT BE MADE A PART OF THE PERMANENT RECORD IN THE OFFICE OF THE COUNTY RECORDER PURSUANT TO SECTION 11932 R & T CODE. TO: REGISTRAR RECORDER COUNTY OF LOS ANGELES REQUEST IS HEREBY MADE IN ACCORDANCE WITH THE PROVISIONS OF THE DOCUMENTARY TRANSFER TAX ACT THAT THE AMOUNT OF TAX DUE NOT BE SHOWN ON THE ORIGINAL DOCUMENT WHICH NAMES: OWENS-BROCKWAY GLASS CONTAINER INC., A DEIAWARE CORPORATION SUCCESSOR BY MERGER TO OWENS-MIINOIS GLASS CONTAINER INC., A DELAWARE CORPORATION (GRANTOR) THE CITY OF VERNON, A MUNICIPAL CORPORATION (GRANTEE) PROPERTY DESCRIBED IN ACCOMPANYING DOCUMENT IS LOCATED IN THE CITY OF: VERNON UNINCORPORATED AREA: THE AMOUNT OF TAX DUE ON THE ACCOMPANYING DOCUMENT TS: COUNTY TAX: $-0- CITY TAX: $-0- (X) COMPUTED ON FULL VALUE OF PROPERTY CONVEYED )OR COMPUTED ON FULL VALUELESS LIENS AND ENCUMBRANCES REMAINING AT TIME OF SALE. SIGNATURE OF DECLARANT OR AGENT COMMERCE ESCROW COMPANY FIRM NAME AFTER THE PERMANENT RECORD IS MADE, THIS FORM WILL BE AFFIXED TO THE CONVEYING DOCUMENT AND RETURNED WITH IT.