Resolution No. 9009f,
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RESOLUTION NO. 9009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDED AND RESTATED ACCESS AGREEMENT BY AND
BETWEEN THE CITY OF VERNON AND DYNAMIC BUILDERS,
INC. FOR PROPERTY LOCATED AT 4900 BANDINI BOULEVARD
WHEREAS, by Resolution No. 8850 adopted on September 7, 2005,
the City of Vernon approved the sale of real property located at 4900
Bandini Boulevard, as corrected to 4901 Bandini Boulevard (the
"Property") to Dynamic Builders, Inc. ("Dynamic") for future
development; and
WHEREAS, on January 4, 2006, the City Council of the City of
Vernon adopted Resolution No. 8923 approving an Access Agreement with
Dynamic setting forth the terms and conditions under which the City
allowed Dynamic early access to the Property for development and
staging work as preliminary steps to commencing construction; and
WHEREAS, the escrow with Dynamic will close by June 2006 and
the City and Dynamic desire to amend the original Access Agreement to
cover a broader scale of allowable work of improvement prior to the
close of escrow.
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 the Amended and Restated Access Agreement with Dynamic, in
substantially the same form as the copy which is attached hereto as
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Exhibit A and incorporated by reference.
SECTION 3: The City Council of the City of Vernon hereby
authorizes and empowers the Acting City Clerk and/or his designee to
make whatever non -substantive and administrative changes, upon advice
of counsel, to the form.
SECTION 4: The City Council of the City of Vernon hereby
authorizes the Mayor to execute the Agreement for, and on behalf of,
the City of Vernon and the Acting City Clerk is hereby authorized to
attest thereto.
SECTION 5: The City Council of the City of Vernon hereby
directs the Acting City Clerk, or his designee, to send one original
signed Agreement to:
Sandra Slon, Esq.
Troy & Gould
1801 Century Park East, 16th Floor
Los Angeles, CA 90067-2367
SECTION 6: The Acting 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 5th day of April, 2006.
LEONISC.�MAL�U , Mayor
ATTEST:
BRUCE KENHORST, JR., Acting City Clerk
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 9009, was duly adopted by the City Council of the City
of Vernon at a regular meeting of the City Council duly held on
Wednesday, April 5, 2006, and thereafter was duly signed by the Mayor
Pro Tem of the City of Vernon.
(SEAL)
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BRUCE . MALKENHORST, JR.
Acting City Clerk
EXHIBIT
0
AMENDED AND RESTATED ACCESS AGREEMENT
This Amended and Restated Access Agreement (this "Agreement") is entered into
as of March 30, 2006, by and between the City of Vernon ("City") and Dynamic Builders, Inc., a
California corporation ("Dynamic") and amends and restates an earlier Access Agreement dated
January 4, 2006 by and between the City and Dynamic ("Original Agreement") in regard to that
certain parcel property containing approximately twelve (12) acres and located at 4901 Bandini
Boulevard, City of Vernon, State of California (the "Property"), with reference to the following
facts and circumstances:
RECITALS
A. The City and Dynamic entered into a Standard Offer, Agreement and Escrow
dated August 31, 2005 ("Purchase and Sale Agreement") pursuant to which the City agreed to
sell and Dynamic agreed to purchase an approximately nine (9) acre portion of the Property after
subdivision and mapping by the City ("Mapping Process") and other terms and conditions have
been satisfied.
B. Because of delays in the Mapping Process and so as not to hold-up the
development of the Property by Dynamic, the parties entered into the Original Agreement to
allow Dynamic early access to the Property for developmental and staging work in anticipation
that a lease would be negotiated between the parties pursuant to which Dynamic would be
constructing certain improvements on the Property prior to the closing of the Purchase and Sale
Agreement.
C. It is now anticipated that the Mapping Process will be completed by July
2006, and the parties believe it would be in both their best interests to amend the Original
Agreement to cover a broader scale of allowable work of improvement by Dynamic on the
Property rather then spend the time to negotiate a full scale lease when the term of the lease
would only be for a short period.
D. Dynamic has requested that the City agree to amend the Original Agreement
to permit Dynamic to enter upon the Property, (i) install a trailer on the Property, (ii) undertake
mobilization activities (as preliminary steps to commencing construction), (iii) apply for a
grading permit and to commence grading in accordance with the terms and conditions of any
such permit and (iv) apply for and obtain a building permit and commence construction in
accordance with the terms and conditions of any such permit prior to the closing of the Purchase
and Sale Agreement. The City has agreed to Dynamic's request pursuant to the terms and
conditions set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the facts in the foregoing recitals, the
covenants and agreements contained herein, and other valuable consideration, the receipt and
sufficiency of which are hereby acknowledged by the parties hereto, the parties covenant and
agree as follows:
01910/0030 132152.5
1. The Original Agreement is hereby amended and restated in its entirety as though
this Agreement were entered into between the parties on January 4, 2006.
2. Under the terms of this Agreement, Dynamic is hereby granted a license to install
a trailer at a location on the Property approved by the City and undertake mobilization, as
defined herein, on the terms and conditions set forth herein, and as otherwise required by the
City.
(a) The trailer is to be a standard size construction trailer that is to be used
solely for on -site construction offices for project management and
supervision. It will be located on the north end of the site, and its exact
location is to be approved in writing by the City prior to installation.
(b) For purposes of this Agreement, mobilization shall refer to the importation
of soil onto the Property. Prior to the importation of any soil onto the
Property, Dynamic will provide the City with (i) all requested information,
including, without limitation, documentation of where the soil was
excavated from (including address, zoning, and prior use of the site); (ii)
an estimate of the quantity of soil to be imported; and (iii) soil sampling
analyses, acceptable to the City in its sole judgment, to assure that the soil
is not contaminated. Importation of the soil shall not commence until the
City has provided written approval, which approval will be based on the
documentation and soil samples provided by Dynamic.
(c) Upon receipt of prior written approval from the City and subject to any
conditions established by the City, Dynamic's mobilization may also
include the right to install temporary utilities, webcam, and project
signage. The City's execution of this Agreement does not obligate the
City to consent to installation of temporary utilities, webcam, or project
signage.
(d) Collectively, the installation of the trailer and the mobilization shall be
referred to as the "Preliminary Work".
3. Upon completion of the Preliminary Work and subject to the City having
approved the plans and specifications for the development of the Property ("Plans and
Specifications"), Dynamic may apply to the City for a grading permit ("Grading Permit"). A
Grading Permit will not be issued until the City has approved Dynamic's storm water pollution
prevention plan and reviewed and approved the nature and quantity of soil to be imported. Upon
issuance of the Grading Permit, the City hereby grants Dynamic a license to commence and
complete the grading of the Property in accordance with the terms of the Grading Permit and this
Agreement.
4. After the Grading Permit has been issued and Dynamic has satisfied all of the
conditions thereof and required by this Agreement to commence grading, Dynamic may submit
to the City its Plans and Specifications for the development of the Property and upon written
approval thereof by the City, Dynamic may apply for a building permit to commence
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construction of its project on the Property ("Building Permit"). Upon issuance of the Building
Permit, the City hereby grants Dynamic a license to commence and complete the construction of
its project on the Property in accordance with the terms of the Building Permit and this
Agreement.
5. The performance of any work of improvement on the Property in accordance with
this Agreement ("Work") shall be at Dynamic's sole cost, expense and risk. All Work shall be
undertaken in accordance with good and proper techniques, using personnel and equipment
qualified to perform the Work being undertaken, and shall be undertaken in compliance with all
applicable statutes, codes, ordinances and regulations. All required permits shall have been
obtained and all conditions satisfied before any Work shall be commenced. Any holes, borings,
trenches, or other invasive work performed at the Property by Dynamic or under its supervision
or control will be properly filled in and compacted or returned to the condition existing prior to
entry by the Dynamic onto the Property, and any unsafe conditions at the Property caused by or
under the control of Dynamic shall be repaired and remediated. In this regard, Dynamic agrees
to ameliorate and remove from the Property with all reasonable due care, in a safe manner and to
a safe degree in accordance with all applicable laws as the same may be changed from time to
time, at its sole costs and expense, any contamination by Hazardous Materials (as defined below)
in, on, about and beneath the Property, which contamination was caused by Dynamic or resulted
from its investigation or grading of the Property, and to monitor or cause to be monitored the
levels of such contamination caused by Dynamic or resulting from its Work on about or beneath
the Property in accordance with the terms and procedures as may be required by any federal,
state or local governmental agency or agencies having jurisdiction. Such work and the
restoration of the Property pursuant to paragraph 6 below shall be referred to collectively as the
"Ameliorative Work."
6. Dynamic shall not commence any Ameliorative Work unless the City has
approved in writing complete plans and specifications therefor (the "Ameliorative Plans"). All
work shall be done in accordance with the approved Ameliorative Plans and no material change
or modification shall be permitted without the prior written approval of the City.
Notwithstanding the foregoing, in the event of any emergency situation requiring immediate
Ameliorative Work in Dynamic's reasonable judgment, Dynamic shall be permitted to undertake
such Ameliorative Work without the City's prior approval so long as Dynamic promptly notifies
the City thereof and, if necessary, promptly submits to the City modified Ameliorative Plans for
approval. All Ameliorative Work of Dynamic or its environmentalconsultants and engineers
hereunder shall be diligently conducted and prosecuted to completion in a timely manner.
Dynamic acknowledges and agrees that it shall cooperate with and shall direct its environmental
consultants and engineers to cooperate with the City and its consultants and engineers. Dynamic
warrants, represents and agrees that the methods of performing any investigation of Hazardous
Materials and the Ameliorative Work, if any, will conform to the highest standards of
environmental and other appropriate consultants as applied by a firm of environmental or other
appropriate consultants of national reputation specializing in work of the type involved in the
Los Angeles County, California area and will comply with all applicable requirements of any
governmental agencies having jurisdiction over such matters. Additionally, all soils, soil gas and
water testing pursuant to any investigation shall be performed by an Environmental Protection
Agency -approved or a State of California -certified laboratory, and the Ameliorative Work shall
be performed by an independent qualified hydrogeologist, chemical engineer or other person or
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entity of recognized standing nominated by Dynamic and approved by the City. Such work shall
be monitored, at the City's option, by the City and/or its consultants and engineers.
7. Dynamic agrees to purchase at its own expense and keep in force during the term
of this Agreement a Commercial General Liability policy of insurance protecting Dynamic and
the City, its elected officials, staff, employees and consultants (the "City Parties") as an
additional insured against claims for bodily injury, personal injury and property damage based
upon or arising out of the ownership, use, occupancy and activities on the Property and all areas
appurtenant thereto. Such insurance shall be on an occurrence basis providing single limit
coverage in an amount not less than $2,000,000 per occurrence with an annual aggregate of not
less than $5,000,000, an "Additional Insured -Managers or Lessors of Premises Endorsement"
and contain the "Amendment of the Pollution Exclusion Endorsement" for damage caused by
heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured
exclusions as between insured persons or organizations, but shall include coverage for liability
assumed by Dynamic under this Agreement as an "insured contract" for the performance of
Dynamic's indemnity obligations under this Agreement. The limits of said insurance shall not,
however, limit the liability of Dynamic nor relieve Dynamic of any obligation hereunder. All
insurance carried by Dynamic shall be primary to and not contributory with any similar
insurance carried by the City, whose insurance shall be considered excess insurance only. Prior
to any construction commencing pursuant to a Building Permit, Dynamic shall obtain and keep
in force a policy or policies in the name of Dynamic and the City, with loss payable to Dynamic
insuring loss or damage to the improvements being constructed on the Property covering "all
risks" builder's risk insurance, including vandalism and malicious mischief, with limits in the
total amount of the construction and the value of all improvements. The amount of such
insurance shall be equal to the full replacement cost of all of the improvements being constructed
on the Property. Such policy or policies shall insure against all risks of direct physical loss or
damage (except the perils of flood and/or earthquake), including coverage for debris removal and
the enforcement of any applicable laws requiring the upgrading, demolition, reconstruction or
replacement of any portion of the improvements on the Property as the result of a covered loss.
If such insurance coverage has a deductible clause, the deductible amount shall not exceed $10,
000 per occurrence, and Dynamic shall be liable for such deductible amount in the event of an
insured loss. Dynamic shall also maintain in full force and effect until the termination of this
Agreement, Workers' Compensation and Employer's Liability Insurance as required by law with
a limit of liability of at least $1,000,000 each occurrence/aggregate. Each of the foregoing
policies except for the Workers' Compensation and Employer's Liability Policy shall name the
City Parties as an additional insured party as its interests may appear. The Commercial General
Liability policy shall include contractual liability coverage, oral and written, operations premises
liability, personal injury, independent contractors, broad form property damage, and cross -
liability coverage. In addition, Dynamic shall require each of Dynamic's contractors to procure,
pay for and keep in full force and effect until the completion of the work being performed by
such contractor the same policies required to be carried by Dynamic, in each case with limits not
less than One Million Dollars ($1,000,000) per occurrence.
8. All insurance required herein shall be by companies duly licensed or admitted to
transact business in the state where the Property is located, and maintaining during the policy
term a "General Policyholders Rating" of at least B+, V, as set forth in the most current issue of
"Best's Insurance Guide". Dynamic shall not do or permit to be done anything which invalidates
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the required insurance policies. Dynamic shall, prior to entering the Property, deliver to the City
certificates evidencing the existence and amounts of the required insurance (including the
Declaration Page and Schedule of Forms of Endorsement). No such policy shall be cancelable or
subject to modification except after 30 days prior written notice to the City. Dynamic shall, at
least 30 days prior to the expiration of such policies, furnish the City with evidence of renewals
or "insurance binders" evidencing renewal thereof, or the City may order such insurance and
charge the cost thereof to Dynamic, which amount shall be payable by Dynamic to the City upon
demand. Such policies shall be for a term of at least one year.
9. Dynamic shall keep the Property free and clear of all mechanic's, materialmen's
and other liens resulting from the Work, any Ameliorative Work or any of its other work under
this Agreement. Dynamic agrees that the City may post, record and maintain a Notice of
Nonresponsibility for Dynamic's work on the Property.
10. Dynamic, for itself, its officers, directors, shareholders, the "Dynamic Parties",
and others entering onto the Property at the request of Dynamic, hereby releases the City, its
elected officials, staff, employees, representatives and agents (the "City Parties") from all claims,
actions, losses, damages, injuries, costs and expenses (including, without limitation, reasonable
attorneys' fees and costs), including all claims of illness, injury, death, or property damage,
arising out of or resulting from any Dynamic Parties entering onto the Property or performing
any Work thereon.
11. Dynamic shall protect, defend, indemnify and hold harmless the City Parties (any
of the foregoing shall be known individually as "Indemnitee" and collectively as "Indemnitees"),
and each of them, jointly and severally, against and from:
(a) Any and all claims, demands, causes of action, damages, costs, expenses,
losses and liabilities, at law or in equity, of every kind or nature
whatsoever, including, but not limited to, injury to or death of any person
or persons and damage to or destruction of any property, threatened,
brought or instituted, arising out of or in any manner directly or indirectly
connected with the entry upon the Property by Dynamic or any of its
agents, including without limitation:
i) any damage to the Property and any liability to any third party
incurred by reason of any acts of omission or commission or any
negligent or tortious acts by Dynamic or any agent or other person
acting on behalf of Dynamic;
ii) any liens, claims, demands, actions or suits arising (directly or
indirectly) from (a) any work performed or materials supplied to or
for Dynamic or (b) any activities of any Dynamic's agents on or
relating to the Property (including without limitation any claims by
any of such agents);
iii) any loss or theft whatsoever of any property or anything placed or
stored by Dynamic or its agents on or about the Property;
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01910/0030 132152.5
iv) any costs of enforcement of any provision of this Agreement, or
the costs of removing Dynamic or its agents from the Property;
v) any Hazardous Materials released by Dynamic onto the Property or
any adjacent or nearby property, or into the environment;
vi) Dynamic's obligations under this Agreement; and
vii) any work under this Agreement, including but not limited to any
investigation and/or any Ameliorative work performed by
Dynamic or any entity authorized by Dynamic.
(b) Any and all penalties threatened, sought or imposed on account of the
violation of any laws, statutes, regulations or ordinances pertaining to (1)
Hazardous Materials released onto the Property or any adjacent or nearby
property, or into the environment by, or as a result of Dynamic, its
employees, agents or consultants, (2) Dynamic's obligations under this
Agreement; or (3) any Work under this Agreement, including but not
limited to any Ameliorative Work performed by Dynamic or any entity
authorized by Dynamic.
12. Dynamic shall, at Dynamic's own cost, expense and risk:
(a) Defend all suits, actions or other legal or administrative proceedings that
may be threatened, brought or instituted against an Indemnitee or
Indemnitees, as the case may be, or on account of any matter or matters
arising under this Agreement;
(b) Reimburse Indemnitee or Indemnitees, or any of them, for any and all
expenses including, but not limited to, all reasonable legal expenses,
arising out of, or attributable to or in connection with enforcing the
indemnity granted in this Agreement or in participating in any action,
proceedings or litigation related thereto.
The law firm selected by Dynamic to perform the functions described above shall be subject to
the approval of the Indemnitee or Indemnitees asserting a claim hereunder.
13. The term of the Agreement shall commence as of January 4, 2006, and the period
and shall terminate on the first to occur of (1) the closing of the Purchase Agreement, (2) the
termination of the escrow opened in connection with the Purchase Agreement, or (3) September
30, 2006, unless an extension hereto has been signed by the parties. Notwithstanding
termination of this Agreement for any reason, Dynamic's obligations under this Agreement shall
continue in full force and effect until satisfied.
14. Notwithstanding the term of this Agreement, the licenses granted to Dynamic
herein shall be revocable in whole or in part by the City upon notice from the City to Dynamic
that Dynamic has failed to comply with any material provision of this Agreement or the Purchase
and Sale Agreement if such default is not cured within 15 days following delivery of notice of
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default. The revocation of the license granted herein shall in no way prejudice any of the rights
and remedies available to the City at law or in equity, and Dynamic acknowledges and agrees
that all of the obligations and responsibilities of Dynamic under this Agreement shall continue
and survive such termination. If the license granted herein is cancelled Dynamic shall promptly
remove the trailer and cease all mobilization and Work at the Property, remove all of its
equipment located at the Property (including any temporary utilities and signage), and repair any
damage done to the Property by Dynamic, its employees, agents, consultants, contractors, or
subcontractors (collectively, the "Dynamic Parties") at Dynamic's sole cost and expense.
15. Nothing in this Agreement shall be deemed to create any duty by the City, its
officers, employees, engineers, consultants arising from their review and/or approval of
Dynamic's plans, drawings, specifications, or from their physical inspection of the Work.
Neither the review and approval by the City or its agents of Dynamic's Plans and Specifications,
drawings nor physical inspection by the City or its agents of the Property, the Work or, the
Ameliorative Work, if any, or any other work done under this Agreement shall be deemed a
waiver or any right the City or indemnities may have under this Agreement.
16. Each signatory hereto warrants to the other party its authority to sign on behalf of
the party for whom it purports to sign.
17. In the event either party hereto brings suit to enforce the terms of this Agreement
or on account of breach hereof, the party not prevailing in such suit shall pay any and all costs
and expenses incurred by the other party in such suit, including, without limitation, court costs
and attorneys' fees.
18. This Agreement sets forth the entire agreement of the parties with respect to the
subject matter hereof and supersedes all prior discussions, negotiations, understandings or
agreements relating thereto.
19. It is mutually understood and agreed that no alteration or variation of this
Agreement shall be valid or binding unless made in writing and signed by the parties hereto.
20. Whenever any party hereto shall desire to give or serve any notice, demand,
request, approval, disapproval or other communication, each such communication shall be in
writing and shall be delivered personally, by messenger or by mail, postage prepaid, or by
overnight courier, to the address set forth in this Agreement or by facsimile transmission.
Service of any such communication shall be deemed made on the date of actual receipt or refusal
to accept delivery. Communications transmitted by facsimile transmission shall be deemed
delivered upon telephonic confirmation of receipt (confirmation report from facsimile machine is
sufficient), provided a copy is also delivered via delivery or mail. If such communication is
received on a Friday, Saturday, Sunday or legal holiday, it shall be deemed received on the next
business day. Any party hereto may from time to time, by notice in writing, designate a different
address to which, or a different person or additional persons to whom, all communications are
thereafter to be made. All notices to Dynamic shall include a concurrent notice to Ken Jackson,
at the same address set forth for Dynamic:
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Dynamic Builders, Inc.
2114 South Hills Street
Los Angeles, CA 90007
Attn: L. Ramon Bonin
Chairman of the Board
Facsimile: (213) 748-8017
Email: Kjacksonadynamicbuilders.com
The City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attn: Jeffrey Harrison, Esq.
Facsimile: (323) 826-1438
Email: jharrison(abkarnskarabian.com
21. Dynamic may not assign any of its rights under this Agreement, voluntarily or by
operation of law, without the City's prior written consent. Subject to the foregoing, this
Agreement shall be binding upon and inure to the benefit of the parties hereto and their
respective heirs, personal representatives, successors and assigns, including without limitation
subsequent owners; provided, however, neither an assignment by Dynamic of this Agreement
nor the assignment by Dynamic of any interest or any property of Dynamic shall release the
Dynamic hereunder from its obligations to the City under this Agreement, except upon the
express written consent by the City to such release.
22. This Agreement shall be construed in accordance with and governed by the laws
of the State of California.
23. It is acknowledged the Indemnitees are intended third party beneficiaries to this
Agreement, that this Agreement has been made expressly for the benefit of Indemnitees, and that
Indemnitees shall, singularly and collectively, have the right to enforce this Agreement in
accordance with the terms of this Agreement.
24. The term "Hazardous Materials" means any petroleum or natural gas substance,
and any hazardous or toxic substance, material or waste which is or becomes regulated by local
governmental authority, the State of California or the United States Government, including but
not limited to any material defined as a "hazardous substance," "hazardous material," "toxic
substance" or "hazardous waste" in (a) the Comprehensive Environmental Response,
Compensation and Liability Act, as amended 42 U.S.C. §9601 et seq., (b) the Federal Water
Pollution Control Act, as amended, 33 U.S.C. §1317 et seq., (c) the Resource Conservation and
Recovery Act, as amended, 42 U.S.C. §9601 et seq., (d) the Hazardous Materials Transportation
Act, as amended, 49 U.S.C. §1802 et seq., or (e) California Health & Safety Code §§25117,
25316, 25501(b) and 22501, and (f) in the regulations and publications promulgated pursuant to
those laws.
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25. This Agreement may be executed in counterparts, and facsimile signatures shall
be enforceable and binding on the parties, provided, however, that the parties shall exchange
originally signed documents on a reasonably prompt basis.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto as of
the date first written above.
Attest:
Dynamic Builders, Inc.
L. Ramon Bonin, Chairman of the Board
City of Vernon
By:
Leonis C. Malburg, Mayor
Bruce V. Malkenhorst, Jr., Acting City Clerk
Approved as to Form:
Lo
Jeff Harrison, Karns & Karabian, General Counsel
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SUPPORTING
DOCUMENTS
AMENDED AND RESTATED ACCESS AGREEMENT
This Amended and Restated Access Agreement (this "Agreement") is entered into
as of March 30, 2006, by and between the City of Vernon ("City") and Dynamic Builders, Inc., a
California corporation ("Dynamic") and amends and restates an earlier Access Agreement dated
January 4, 2006 by and between the City and Dynamic ("Original Agreement") in regard to that
certain parcel property containing approximately twelve (12) acres and located at 4901 Bandini
Boulevard, City of Vernon, State of California (the "Property"), with reference to the following
facts and circumstances:
RECITALS
A. The City and Dynamic entered into a Standard Offer, Agreement and Escrow
dated August 31, 2005 ("Purchase and Sale Agreement") pursuant to which the City agreed to
sell and Dynamic agreed to purchase an approximately nine (9) acre portion of the Property after
subdivision and mapping by the City ("Mapping Process") and other terms and conditions have
been satisfied.
B. Because of delays in the Mapping Process and so as not to hold-up the
development of the Property by Dynamic, the parties entered into the Original Agreement to
allow Dynamic early access to the Property for developmental and staging work in anticipation
that a lease would be negotiated between the parties pursuant to which Dynamic would be
constructing certain improvements on the Property prior to the closing of the Purchase and Sale
Agreement.
C. It is now anticipated that the Mapping Process will be completed by July
2006, and the parties believe it would be in both their best interests to amend the Original
Agreement to cover a broader scale of allowable work of improvement by Dynamic on the
Property rather then spend the time to negotiate a full scale lease when the term of the lease
would only be for a short period.
D. Dynamic has requested that the City agree to amend the Original Agreement
to permit Dynamic to enter upon the Property, (i) install a trailer on the Property, (ii) undertake
mobilization activities (as preliminary steps to commencing construction), (iii) apply for a
grading permit and to commence grading in accordance with the terms and conditions of any
such permit and (iv) apply for and obtain a building permit and commence construction in
accordance with the terms and conditions of any such permit prior to the closing of the Purchase
and Sale Agreement. The City has agreed to Dynamic's request pursuant to the terms and
conditions set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the facts in the foregoing recitals, the
covenants and agreements contained herein, and other valuable consideration, the receipt and
sufficiency of which are hereby acknowledged by the parties hereto, the parties covenant and
agree as follows:
01910/0030.132152.5
1. The Original Agreement is hereby amended and restated in its entirety as though
this Agreement were entered into between the parties on January 4, 2006.
2. Under the terms of this Agreement, Dynamic is hereby granted a license to install
a trailer at a location on the Property approved by the City and undertake mobilization, as
defined herein, on the terms and conditions set forth herein, and as otherwise required by the
City.
(a) The trailer is to be a standard size construction trailer that is to be used
solely for on -site construction offices for project management and
supervision. It will be located on the north end of the site, and its exact
location is to be approved in writing by the City prior to installation.
(b) For purposes of this Agreement, mobilization shall refer to the importation
of soil onto the Property. Prior to the importation of any soil onto the
Property, Dynamic will provide the City with (i) all requested information,
including, without limitation, documentation of where the soil was
excavated from (including address, zoning, and prior use of the site); (ii)
an estimate of the quantity of soil to be imported; and (iii) soil sampling
analyses, acceptable to the City in its sole judgment, to assure that the soil
is not contaminated. Importation of the soil shall not commence until the
City has provided written approval, which approval will be based on the
documentation and soil samples provided by Dynamic.
(c) Upon receipt of prior written approval from the City and subject to any
conditions established by the City, Dynamic's mobilization may also
include the right to install temporary utilities, webcam, and project
signage. The City's execution of this Agreement does not obligate the
City to consent to installation of temporary utilities, webcam, or project
signage.
(d) Collectively, the installation of the trailer and the mobilization shall be
referred to as the "Preliminary Work".
3. Upon completion of the Preliminary Work and subject to the City having
approved the plans and specifications for the development of the Property ("Plans and
Specifications"), Dynamic may apply to the City for a grading permit ("Grading Permit"). A
Grading Permit will not be issued until the City has approved Dynamic's storm water pollution
prevention plan and reviewed and approved the nature and quantity of soil to be imported. Upon
issuance of the Grading Permit, the City hereby grants Dynamic a license to commence and
complete the grading of the Property in accordance with the terms of the Grading Permit and this
Agreement.
4. After the Grading Permit has been issued and Dynamic has satisfied all of the
conditions thereof and required by this Agreement to commence grading, Dynamic may submit
to the City its Plans and Specifications for the development of the Property and upon written
approval thereof by the City, Dynamic may apply for a building permit to commence
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01910✓0030 132152.5
construction of its project on the Property (`Building Permit"). Upon issuance of the Building
Permit, the City hereby grants Dynamic a license to commence and complete the construction of
its project on the Property in accordance with the terms of the Building Permit and this
Agreement.
5. The performance of any work of improvement on the Property in accordance with
this Agreement ("Work") shall be at Dynamic's sole cost, expense and risk. All Work shall be
undertaken in accordance with good and proper techniques, using personnel and equipment
qualified to perform the Work being undertaken, and shall be undertaken in compliance with all
applicable statutes, codes, ordinances and regulations. All required permits shall have been
obtained and all conditions satisfied before any Work shall be commenced. Any holes, borings,
trenches, or other invasive work performed at the Property by Dynamic or under its supervision
or control will be properly filled in and compacted or returned to the condition existing prior to
entry by the Dynamic onto the Property, and any unsafe conditions at the Property caused by or
under the control of Dynamic shall be repaired and remediated. In this regard, Dynamic agrees
to ameliorate and remove from the Property with all reasonable due care, in a safe manner and to
a safe degree in accordance with all applicable laws as the same may be changed from time to
time, at its sole costs and expense, any contamination by Hazardous Materials (as defined below)
in, on, about and beneath the Property, which contamination was caused by Dynamic or resulted
from its investigation or grading of the Property, and to monitor or cause to be monitored the
levels of such contamination caused by Dynamic or resulting from its Work on about or beneath
the Property in accordance with the terms and procedures as may be required by any federal,
state or local governmental agency or agencies having jurisdiction. Such work and the
restoration of the Property pursuant to paragraph 6 below shall be referred to collectively as the
"Ameliorative Work."
6. Dynamic shall not commence any Ameliorative Work unless the City has
approved in writing complete plans and specifications therefor (the "Ameliorative Plans"). All
work shall be done in accordance with the approved Ameliorative Plans and no material change
or modification shall be permitted without the prior written approval of the City.
Notwithstanding the foregoing, in the event of any emergency situation requiring immediate
Ameliorative Work in Dynamic's reasonable judgment, Dynamic shall be permitted to undertake
such Ameliorative Work without the City's prior approval so long as Dynamic promptly notifies
the City thereof and, if necessary, promptly submits to the City modified Ameliorative Plans for
approval. All Ameliorative Work of Dynamic or its environmental consultants and engineers
hereunder shall be diligently conducted and prosecuted to completion in a timely manner.
Dynamic acknowledges and agrees that it shall cooperate with and shall direct its environmental
consultants and engineers to cooperate with the City and its consultants and engineers. Dynamic
warrants, represents and agrees that the methods of performing any investigation of Hazardous
Materials and the Ameliorative Work, if any, will conform to the highest standards of
environmental and other appropriate consultants as applied by a firm of environmental or other
appropriate consultants of national reputation specializing in work of the type involved in the
Los Angeles County, California area and will comply with all applicable requirements of any
governmental agencies having jurisdiction over such matters. Additionally, all soils, soil gas and
water testing pursuant to any investigation shall be performed by an Environmental Protection
Agency -approved or a State of California -certified laboratory, and the Ameliorative Work shall
be performed by an independent qualified hydrogeologist, chemical engineer or other person or
-3-
01910l0030 132152.5
entity of recognized standing nominated by Dynamic and approved by the City. Such work shall
be monitored, at the City's option, by the City and/or its consultants and engineers.
7. Dynamic agrees to purchase at its own expense and keep in force during the term
of this Agreement a Commercial General Liability policy of insurance protecting Dynamic and
the City, its elected officials, staff, employees and consultants (the "City Parties") as an
additional insured against claims for bodily injury, personal injury and property damage based
upon or arising out of the ownership, use, occupancy and activities on the Property and all areas
appurtenant thereto. Such insurance shall be on an occurrence basis providing single limit
coverage in an amount not less than $2,000,000 per occurrence with an annual aggregate of not
less than $5,000,000, an "Additional Insured -Managers or Lessors of Premises Endorsement"
and contain the "Amendment of the Pollution Exclusion Endorsement" for damage caused by
heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured
exclusions as between insured persons or organizations, but shall include coverage for liability
assumed by Dynamic under this Agreement as an "insured contract" for the performance of
Dynamic's indemnity obligations under this Agreement. The limits of said insurance shall not,
however, limit the liability of Dynamic nor relieve Dynamic of any obligation hereunder. All
insurance carried by Dynamic shall be primary to and not contributory with any similar
insurance carried by the City, whose insurance shall be considered excess insurance only. Prior
to any construction commencing pursuant to a Building Permit, Dynamic shall obtain and keep
in force a policy or policies in the name of Dynamic and the City, with loss payable to Dynamic
insuring loss or damage to the improvements being constructed on the Property covering "all
risks" builder's risk insurance, including vandalism and malicious mischief, with limits in the
total amount of the construction and the value of all improvements. The amount of such
insurance shall be equal to the full replacement cost of all of the improvements being constructed
on the Property. Such policy or policies shall insure against all risks of direct physical loss or
damage (except the perils of flood and/or earthquake), including coverage for debris removal and
the enforcement of any applicable laws requiring the upgrading, demolition, reconstruction or
replacement of any portion of the improvements on the Property as the result of a covered loss.
If such insurance coverage has a deductible clause, the deductible amount shall not exceed $10,
000 per occurrence, and Dynamic shall be liable for such deductible amount in the event of an
insured loss. Dynamic shall also maintain in full force and effect until the termination of this
Agreement, Workers' Compensation and Employer's Liability Insurance as required by law with
a limit of liability of at least $1,000,000 each occurrence/aggregate. Each of the foregoing
policies except for the Workers' Compensation and Employer's Liability Policy shall name the
City Parties as an additional insured party as its interests may appear. The Commercial General
Liability policy shall include contractual liability coverage, oral and written, operations premises
liability, personal injury, independent contractors, broad form property damage, and cross -
liability coverage. In addition, Dynamic shall require each of Dynamic's contractors to procure,
pay for and keep in full force and effect until the completion of the work being performed by
such contractor the same policies required to be carried by Dynamic, in each case with limits not
less than One Million Dollars ($1,000,000) per occurrence.
8. All insurance required herein shall be by companies duly licensed or admitted to
transact business in the state where the Property is located, and maintaining during the policy
term a "General Policyholders Rating" of at least B+, V, as set forth in the most current issue of
"Best's Insurance Guide". Dynamic shall not do or permit to be done anything which invalidates
-4-
01910/0030 132152.5
the required insurance policies. Dynamic shall, prior to entering the Property, deliver to the City
certificates evidencing the existence and amounts of the required insurance (including the
Declaration Page and Schedule of Forms of Endorsement). No such policy shall be cancelable or
subject to modification except after 30 days prior written notice to the City. Dynamic shall, at
least 30 days prior to the expiration of such policies, furnish the City with evidence of renewals
or "insurance binders" evidencing renewal thereof, or the City may order such insurance and
charge the cost thereof to Dynamic, which amount shall be payable by Dynamic to the City upon
demand. Such policies shall be for a term of at least one year.
9. Dynamic shall keep the Property free and clear of all mechanic's, materialmen's
and other liens resulting from the Work, any Ameliorative Work or any of its other work under
this Agreement. Dynamic agrees that the City may post, record and maintain a Notice of
Nonresponsibility for Dynamic's work on the Property.
10. Dynamic, for itself, its officers, directors, shareholders, the "Dynamic Parties",
and others entering onto the Property at the request of Dynamic, hereby releases the City, its
elected officials, staff, employees, representatives and agents (the "City Parties") from all claims,
actions, losses, damages, injuries, costs and expenses (including, without limitation, reasonable
attorneys' fees and costs), including all claims of illness, injury, death, or property damage,
arising out of or resulting from any Dynamic Parties entering onto the Property or performing
any Work thereon.
11. Dynamic shall protect, defend, indemnify and hold harmless the City Parties (any
of the foregoing shall be known individually as "Indemnitee" and collectively as "Indemnitees"),
and each of them, jointly and severally, against and from:
(a) Any and all claims, demands, causes of action, damages, costs, expenses,
losses and liabilities, at law or in equity, of every kind or nature
whatsoever, including, but not limited to, injury to or death of any person
or persons and damage to or destruction of any property, threatened,
brought or instituted, arising out of or in any manner directly or indirectly
connected with the entry upon the Property by Dynamic or any of its
agents, including without limitation:.
i) any damage to the Property and any liability to any third party
incurred by reason of any acts of omission or commission or any
negligent or tortious acts by Dynamic or any agent or other person
acting on behalf of Dynamic;
ii) any liens, claims, demands, actions or suits arising (directly or
indirectly) from (a) any work performed or materials supplied to or
for Dynamic or (b) any activities of any Dynamic's agents on or
relating to the Property (including without limitation any claims by
any of such agents);
iii) any loss or theft whatsoever of any property or anything placed or
stored by Dynamic or its agents on or about the Property;
-5-
01910/0030 132152.5
iv) any costs of enforcement of any provision of this Agreement, or
the costs of removing Dynamic or its agents from the Property;
v) any Hazardous Materials released by Dynamic onto the Property or
any adjacent or nearby property, or into the environment;
vi) Dynamic's obligations under this Agreement; and
vii) any work under this Agreement, including but not limited to any
investigation and/or any Ameliorative work performed by
Dynamic or any entity authorized by Dynamic.
(b) Any and all penalties threatened, sought or imposed on account of the
violation of any laws, statutes, regulations or ordinances pertaining to (1)
Hazardous Materials released onto the Property or any adjacent or nearby
property, or into the environment by, or as a result of Dynamic, its
employees, agents or consultants, (2) Dynamic's obligations under this
Agreement; or (3) any Work under this Agreement, including but not
limited to any Ameliorative Work performed by Dynamic or any entity
authorized by Dynamic.
12. Dynamic shall, at Dynamic's own cost, expense and risk:
(a) Defend all suits, actions or other legal or administrative proceedings that
may be threatened, brought or instituted against an Indemnitee or
Indemnitees, as the case may be, or on account of any matter or matters
arising under this Agreement;
(b) Reimburse Indemnitee or Indemnitees, or any of them, for any and all
expenses including, but not limited to, all reasonable legal expenses,
arising out of, or attributable to or in connection with enforcing the
indemnity granted in this Agreement or in participating in any action,
proceedings or litigation related thereto.
The law firm selected by Dynamic to perform the functions described above shall be subject to
the approval of the Indemnitee or Indemnitees asserting a claim hereunder.
13. The term of the Agreement shall commence as of January 4, 2006, and the period
and shall terminate on the first to occur of (1) the closing of the Purchase Agreement, (2) the
termination of the escrow opened in connection with the Purchase Agreement, or (3) September
30, 2006, unless an extension hereto has been signed by the parties. Notwithstanding
termination of this Agreement for any reason, Dynamic's obligations under this Agreement shall
continue in full force and effect until satisfied.
14. Notwithstanding the term of this Agreement, the licenses granted to Dynamic
herein shall be revocable in whole or in part by the City upon notice from the City to Dynamic
that Dynamic has failed to comply with any material provision of this Agreement or the Purchase
and Sale Agreement if such default is not cured within 15 days following delivery of notice of
-6-
01910J0030132152.5
default. The revocation of the license granted herein shall in no way prejudice any of the rights
and remedies available to the City at law or in equity, and Dynamic acknowledges and agrees
that all of the obligations and responsibilities of Dynamic under this Agreement shall continue
and survive such termination. If the license granted herein is cancelled Dynamic shall promptly
remove the trailer and cease all mobilization and Work at the Property, remove all of its
equipment located at the Property (including any temporary utilities and signage), and repair any
damage done to the Property by Dynamic, its employees, agents, consultants, contractors, or
subcontractors (collectively, the "Dynamic Parties") at Dynamic's sole cost and expense.
15. Nothing in this Agreement shall be deemed to create any duty by the City, its
officers, employees, engineers, consultants arising from their review and/or approval of
Dynamic's plans, drawings, specifications, or from their physical inspection of the Work.
Neither the review and approval by the City or its agents of Dynamic's Plans and Specifications,
drawings nor physical inspection by the City or its agents of the Property, the Work or, the
Ameliorative Work, if any, or any other work done under this Agreement shall be deemed a
waiver or any right the City or indemnities may have under this Agreement.
16. Each signatory hereto warrants to the other party its authority to sign on behalf of
the party for whom it purports to sign.
17. In the event either party hereto brings suit to enforce the terms of this Agreement
or on account of breach hereof, the party not prevailing in such suit shall pay any and all costs
and expenses incurred by the other party in such suit, including, without limitation, court costs
and attorneys' fees.
18. This Agreement sets forth the entire agreement of the parties with respect to the
subject matter hereof and supersedes all prior discussions, negotiations, understandings or
agreements relating thereto.
19. It is mutually understood and agreed that no alteration or variation of this
Agreement shall be valid or binding unless made in writing and signed by the parties hereto.
20. Whenever any party hereto shall desire to give or serve any notice, demand,
request, approval, disapproval or other communication, each such communication shall be in
writing and shall be delivered personally, by messenger or by mail, postage prepaid, or by
overnight courier, to the address set forth in this Agreement or by facsimile transmission.
Service of any such communication shall be deemed made on the date of actual receipt or refusal
to accept delivery. Communications transmitted by facsimile transmission shall be deemed
delivered upon telephonic confirmation of receipt (confirmation report from facsimile machine is
sufficient), provided a copy is also delivered via delivery or mail. If such communication is
received on a Friday, Saturday, Sunday or legal holiday, it shall be deemed received on the next
business day. Any party hereto may from time to time, by notice in writing, designate a different
address to which, or a different person or additional persons to whom, all communications are
thereafter to be made. All notices to Dynamic shall include a concurrent notice to Ken Jackson,
at the same address set forth for Dynamic:
-7-
01910/0030132152.5
Dynamic Builders, Inc.
2114 South Hills Street
Los Angeles, CA 90007
Attn: L. Ramon Bonin
Chairman of the Board
Facsimile: (213) 748-8017
Email: Kiackson@dvnamicbuilders.com
The City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attn: Jeffrey Harrison, Esq.
Facsimile: (323) 826-1438
Email: jharrison@kamskarabian.com
21. Dynamic may not assign any of its rights under this Agreement, voluntarily or by
operation of law, without the City's prior written consent. Subject to the foregoing, this
Agreement shall be binding upon and inure to the benefit of the parties hereto and their
respective heirs, personal representatives, successors and assigns, including without limitation
subsequent owners; provided, however, neither an assignment by Dynamic of this Agreement
nor the assignment by Dynamic of any interest or any property of Dynamic shall release the
Dynamic hereunder from its obligations to the City under this Agreement, except upon the
express written consent by the City to such release.
22. This Agreement shall be construed in accordance with and governed by the laws
of the State of California.
23. It is acknowledged the Indemnitees are intended third party beneficiaries to this
Agreement, that this Agreement has been made expressly for the benefit of Indemnitees, and that
Indemnitees shall, singularly and collectively, have the right to enforce this Agreement in
accordance with the terms of this Agreement.
24. The term "Hazardous Materials" means any petroleum or natural gas substance,
and any hazardous or toxic substance, material or waste which is or becomes regulated by local
governmental authority, the State of California or the United States Government, including but
not limited to any material defined as a "hazardous substance," "hazardous material," "toxic
substance" or "hazardous waste" in (a) the Comprehensive Environmental Response,
Compensation and Liability Act, as amended 42 U.S.C. §9601 et seq., (b) the Federal Water
Pollution Control Act, as amended, 33 U.S.C. § 1317 et seq., (c) the Resource Conservation and
Recovery Act, as amended, 42 U.S.C. §9601 et seq., (d) the Hazardous Materials Transportation
Act, as amended, 49 U.S.C. §1802 et seq., or (e) California Health & Safety Code §§25117,
25316, 25501(b) and 22501, and (f) in the regulations and publications promulgated pursuant to
those laws.
-8-
01910J0030 132152.5
25. This Agreement may be executed in counterparts, and facsimile signatures shall
be enforceable and binding on the parties, provided, however, that the parties shall exchange
originally signed documents on a reasonably prompt basis.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto as of
the date first written above.
DynaPBBuilde C.
By:
. Ramoj Bonin, Chairman of the Board
City of Vernon
By: -C -
nis C. Malburg,-Mayor
Attest:
By: /1✓`-
Bru V. alkenhorst, Jr., Acting City Clerk
Approved as to Form:
By:
Eric T. Fresch, City Attorney
-9-
01910/0030132152.5
This page Is part of your document - DO NOT DISCARD
06 0866994
RECORDED/FILED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
04/20/06 AT 08:00am
TITLE(S) :
IIINIIIIIIIII
FEE FEE 16 HH
DAF
C-20 4
CODE
20
CODE
19
CODE
9
Assessor's identification Number (AIN)
To be completed by Examiner OR Title Company in black Ink.
D.T.T.
Number of AIN's Shown
THIS FORM IS NOT TO BE DUPLICATED A
}
LBadAmn�a CoamiigUvina
Recording Requested by and
When Recorded Mail to:
Kenneth R. Blumer
Troy & Gould
1801 Century Park East, Suite 1600
Los Angeles, California 90067
6/531ca-c;L;7
SPACE ABOVE THIS LINE FOR RECORDER'S USE -----------------------
NOTICE OF NONRESPONSIBILITY
TO ALL WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN that THE CITY OF VERNON ("the
Undersigned"), is the owner of that certain twelve (12) acre parcel of real property located in the
City of Vernon, County of Los Angeles, California, commonly known as 4901 Bandini
Boulevard, City of Vernon, California, and legally described as set forth on Exhibit A attached
hereto and incorporated herein ("Property").
The Undersigned has granted a license to DYNAMIC BUILDERS, INC. whose
address is 2114 South Hill Street, Los Angeles, California 90007 to come upon and do work of
improvement upon the Property at the latter's sole cost and expense.
Within the last 10 days preceding this notice, the Undersigned has obtained
knowledge that a work of construction is being made°upon said Property by Dynamic Builders,
Inc., and the Undersigned will not be responsible for any portion of said work, nor for the
payment of any labor, services or materials used or to be used therein or in connection therewith,
or which hereafter may be performed, furnished or used upon the land, buildings or structures
whatsoever.
Dated: April 12, 2006.
Thi
Lo
This inn,urner t f'!,-d for rscord by
Commonwcs;th Lind Title insurance Company
as an acconimcda'7— i on!!j. ii has not
been examined as to its execution or
as to its effoct upi,n the till::.
01910/0030 137145.1
SEA EX"181T ®y
A ClIeD
File No: 09501669
EXHIBIT "A"
All that certain real property situated in the County of Los Angeles, State of
California, described as follows:
Parcel 1:
Lot 92 in the Rancho Laguna, in the City of Vernon, County of Los Angeles, State
of California, as shown on map filed as Exhibit "A" in Case No. B-25296 of the
Superior Court of the State of California, Los Angeles County, State of California.
Except the Northeasterly 200.00 feet.
Also except that portion thereof lying Northwesterly of the Southeasterly line of
Atlantic Boulevard, per deed recorded in Book 864, Page 317, Official Records, in
the office of the Los Angeles Recorder.
Also except that portion of said Lot 92, lying Southwesterly of the Northeasterly
line of Bandini Boulevard, described as Parcel 9-4 in the deed recorded October
30, 1974, as Instrument No.,2807, Official Records, in the Office of the County
Recorder.
Also except that portion thereof lying Southeasterly of the following described
line:
Beginning at a point on the Northeasterly line of Bandini Avenue, 100 feet in
width, distant thereon North 690 12' 10" West 159.65 feet from the Easterly line
of said Lot 92; thence leaving said Northeasterly line North 240 12' 10" West
94.80 feet; thence North 220 11' 31" East 649.27 feet to the Southwesterly line
of said Northeasterly 200.00 feet.
Also except therefrom that portion described as follows:
That portion of Lot 92 In the Rancho Laguna, situated in the City of Vernon,
County of Los Angeles, State of California, as shown on a map filed as Exhibit
"A in Case No. B-25296, of the Superior Court, of said County of Los Angeles,
State of California, described as follows:
Commencing at the intersection of the Southwesterly line of the Northeasterly
200.00 feet of said Lot 92 and the Easterly line of Atlantic Boulevard, (40.00 foot
half -width) as described in a grant to the County of Los Angeles for public road
and highway purposes, recorded February 28, 1922, in Book 864, Page 317,
Official Records of said Los Angeles County; thence South 670 48' 57" East,
28.036 meters (91.98 feet) along said Southwesterly line of the Northeasterly
200.00 feet of Lot 92 to the point of beginning; thence South 030 38' 46" East
20.896 meters (68.56 feet); thence North 860 21' 14" East, 1,440 meters (4.72
feet); thence South 030 38' 46" East, 39.977 meters (131.16 feet); thence North
Page . O6 o866994
File No: 09501669
850 38' 19" East 38.292 meters (125.63 feet); thence North 220 11' 31" East
37.047 meters (121.54 feet) to a point on said Southwesterly line of the
Northeasterly 200.00 feet of Lot 92; thence North 67" 48' 47" West, 62.079
meters (203.67 feet) to the point of beginning.
Parcel 2:
That portion of the Northeasterly 200.00 feet of Lot 92 in the Rancho Laguna,
situated in the City of Vernon, County of Los Angeles, Statq of California, as
shown on a map filed as Exhibit "A", in Case. No. 8-25296, of the Superior Court
of said State of California, Los Angeles County, described as follows:
Beginning at the intersection of the Southwesterly line of said Northeasterly
200.00 feet of Lot 92 and the Easterly line of Atlantic Boulevard, (40.00 foot
half -width) as described in a grant to the County of Los Angeles for public road
and highway purposes, recorded February 28, 1922, in Book 864, Page 317,
Official Records, of said Los Angeles County; thence South 670 48' 47" East,
28.036 meters (91.98 feet) along said Southwesterly line of the Northeasterly
200.00 feet of Lot 92; thence North 030 38' 46" West, 31.419 meters (103.08
feet) to a point on said Easterly line of Atlantic Boulevard, said point being the
beginning of a non -tangent curve, concave Northwesterly, having a radius of
103.632 meters (340.00 feet), a radial line through said point bears South 490
43' 00" East; thence Southwesterly along said curve and along said Easterly line
of Atlantic Boulevard, an arc length of 31.835 meters (104.44 feet), through a
central angle of 170 36' 03", to the point of beginning.
EXCEPT therefrom all oil, gas, minerals, and other hydrocarbon substances lying
below the surface of said land, but with no right of surface entry, as provided in
deeds of record.
Assessor's Parcel Number: 6332-002-942,943
Page o6 0866994
VERIFICATION
Bruce V. Malkenhorst, Jr. states that (1) the above Notice of Nonresponsibility is
a true and correct copy of the Notice of Nonresponsibility posted on the Property by Sergio
Canales, Engineering Aide in the Community Services & Water Department of the City of
Vernon; and that (2) the facts stated therein are true of my own knowledge.
I declare under the penalty of perjury under th laws of the State of California that
the foregoing is true and correct. Executed at Vernon, Cal' is on April 13, 2006.
Print;Name: ruce V. Malkenhorst, Jr.
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
0g
On AprilW, 2006 before me, Manuela Giron, Notary Public, personally appeared Bruce
V. Malkenhorst, Jr. (X) personally known to me, or (_, proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person, or entity upon behalf of which the person acted, executed
the instrument.
WITNESS my hand and official seal.
(SEAL)
ConrrNNNon - -
1611388
HlOOM Pi NC - CoOMW
UM Angon Coy*
My Comm. ftPkM Nor 4.
01910/0030 137145.1
Notary Public
0