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Resolution No. 09897 (2)RESOLUTION NO. 9897 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A 4 STANDARD OFFER, AGREEMENT AND ESCROW INSTRUCTIONS 5 FOR PURCHASE OF REAL ESTATE AND ADDENDUM THERETO BY AND BETWEEN THE CITY OF VERNON AND OWENS-BROCKWAY 6 GLASS CONTAINER INC. FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 50TI STREET AND SOTO STREET IN THE CITY OF VERNON 8 9 WHEREAS, the City of Vernon desires to buy certain real 10 property in the City consisting of approximately 116,145 square feet 11 of industrial land located at the southeast corner of 5 oth Street and 12 Soto Street in the City of Vernon (the "Property") for $4,888,516.00 13 for future development; and 14 WHEREAS, the City has agreed to buy the Property from Owens- 15 Brockway Glass Container Inc. ("Owens -Brockway") on negotiated terms, 16 which the City has determined to be fair and reasonable; and 17 WHEREAS,, City staff have recommended that the Property be 18 purchased and the necessary documents executed to implement the 19 purchase. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 21 CITY OF VERNON AS FOLLOWS: 22 SECTION 1: The City Council of the City of Vernon hereby 23 finds and determines that the recitals contained hereinabove are true 24 and correct. 25 SECTION 2: The City Council of the City of Vernon.hereby 26 approves the Standard Offer, Agreement and Escrow Instructions for 27 Purchase of Real Estate and exhibits thereto, including but not 28 limited to, an Easement Agreement and Addendum to Standard Offer, 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 Agreement and Escrow Instructions for Purchase of Real Estate (collectively, the "Purchase Documents") with Owens -Brockway, in substantially the same form as the copy which is attached hereto, as Exhibit A and i ncorporated by reference. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute the Purchase Documents with Owens -Brockway for, and on behalf of, the City of Vernon and the City Clerk or Deputy City Clerk is hereby authorized to attest thereto. SECTION 4: The City Council of the City of Vernon hereby authorizes the City Administrator, or his designee, to make whatever nonsubstantive, administrative and/or text changes, upon advice of counsel, to the Purchase Documents. SECTION 5: The City Council of the City of Vernon hereby directs the City Clerk, or her designee, to give the fully executed Purchase Documents to: Owens -Brockway Glass Container Inc. c/o Sandra Slon, Esq. Troy & Gould 1801 Century Park East, Suite 1600 Los Angeles, CA 90067-2367 .SECTION 6: The City Council of the City of Vernon hereby authorizes the City Administrator, or his designee, to execute and deliver such other documents as shall be required to complete the purchase of the Property and to perform such other acts or deeds as may be necessary to accomplish the close of escrow consistent with the terms of said Purchase Documents approved herein. - 2 - SECTION 7: 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 23 rd day of March, 2009. Leonis(,X. Mafburg Name: Title: Mayor ATTEST: MA4UELA GIRON,'-7--ity (C lerk - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 STATE OF CALIFORNIA ss COUNTY OF LOS ANGELES I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9897, was duly adopted by the City Council of the City of -Vernon at a regular meeting of the City Council duly held on Monday, March 23, 2009, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. I (SEAL) MANUELA '=O , City Clerk - 4 - EXHIBIT A 0 COMMERCIAL REAL ESTATE ASSOCIATION STANDARD OFFER, AGREEMENT AND ESCROW INSTRUCTIONS FOR PURCHASE OF REAL ESTATE (Non -Residential) March 16,2009 (Date for Reference Purposes) 1. Buyer 1.1 The City of Vernon ("Buyer") hereby offers to purchase the real property, hereinafter described, from the owner thereof, Owens -Brockway Glass Container Inc., a Delaware corporation' ("Seller") (collectively, the "Parties" or individually, a "Party"), through an escrow ("EscrovV') to close on or before May 15, 2009 or such other date as is mutually agreed to by the Parties in writing ("Closing Date"). The Closing shall be held by North American Title Company, 101 N. Brand Boulevard, Suite 1800, Glendale, California 91203 (Attn: Ms. Tina De Bow) ("Escrow Holder"), Phone No. (818) 551-5370, Facsim. , ile No. (818) 240-9884, upon the terms and conditions set forth in this agreement ("Agreement"). 11 The terin "Date of Agreement" as used herein shall be the date when the fully -executed Agreement is -delivered to Escrow Holder, evidencing the agreement between Buyer and Seller whereby Seller agrees to sell, and Buyer agrees, to purchase, the Property upon terms accepted by both Parties. 2. Property 2.1 The real property ("Property") that is the subject of this offer consists of approximately 116,145 square feet of industrial land in the City of Vernon, County of Los Angeles, State of California, and is generally located at the southeast comer of 50'h 'Street and Soto Street in the City of Vernon, County of Los Angeles, State of California, currently improved with a building, as legally described and generally depicted in the legal description and drawing attached hereto as Exhibit "A". 2.2 The legal description of the Property, street address, and APN shall be determined in Escrow and the legal description shall be completed to meet the requirements of North American Title ("Title Company"), which shall issue the title policy hereinafter described, and shall be subject to the reasonable appr oval of both Buyer and Seller. 2.3 It is an express condition of the obligations of the Parties hereunder that, prior to the Closing, the Property be a legal lot that complies with the terms of the Subdivision Map Act. 3. Purchase Price 3.1 The purchase price ("Purchase Price") to be paid by Buyer to Seller for the Property shall be Four Million, Eight Hundred Eighty -Eight Thousand, Five Hundred and Sixteen Dollars ($4,888,516.00), payable all cash at the Closing, subject to withholding of the Holdback Fund . sby Escrow Holder, as described in Paragraph .31 of the Addendum. 4. Deposits 4.1 Buyer shall deliver to Escrow Holder the sum of $100,000 (the "In , itial Deposit") and a copy of the executed Agreement within three (3) business days after both Parties have executed this Agreement. The Initial Deposit shall be deposited into the Escrow Holder's trust account to be applied toward the. Purchase Price of the Property at the Closing. Buyer shall deliver to Escrow Holder an additional $100,000 (the "Additional Deposit") within three (3) business days following the last day of the "Contingency Period" (as defined in Paragraph 23 of the Addendum hereto) if Buyer has not terminated this Agreement prior to the last day of the Contingency Period. 4.3 Escrow Holder shall deposit the funds deposited with it by Buyer pursuant to Paragraphs 4.1 and 4.2 (together, the "Deposit"), in a State or Federally chartered bank in an interest -bearing account whose term is appropriate and consistent with the timing requirements of this transaction. The interest therefrom shall accrue to the benefit of Buyer, who hereby acknowledges that there may be penalties or, interest forfeitures if the applicable instrument is redeemed prior to its specified maturity. Buyer's Federal Tax Identification Number is 95-6000808. 4.4 The Deposit shall remain refundable to Buyer should Buyer not proceed to Closing. The Deposit shall apply to the Purchase Price at the Closing. Initials PAGE --Initials 5. No Real Estate Brokers 5.1 Except as otherwise provided in this Paragraph 5. 1, neither Party is using a broker in this transaction, and each Party represents and,warrants to the other that, each hag had no dealings with any person, firm, broker or finder in connection with the negotiation of this Agreement or the consummation of the purchase and sale contemplated herein, and no broker or other person, firm or entity, is entitled to any commission or finder's fee in connection with this transaction as the result of any dealings or acts of such Party. Buyer acknowledges that Seller has used the brokerage services of Lee & Associates@ - Commerce, Inc. in connection with this transaction, and that Seller has agreed to compensate said broker by separate agreement. Buyer and Seller do each hereby agree to indemnify, defend, protect and hold the other harmless from and against any costs, expenses or liability for compensation, commission or charges which may be claimed by any broker, finder or, other similar party by reason of any dealings or act of the indemnifying Party. I 6. Escrow and Closing 6.1 Upon acceptance hereof by Seller, this Agreement, including the Exhibits and the Addendum attached hereto, shall constitute not only the agreement of purchase and sale between Buyer and Seller, but also instructions to Escrow Holder for the consummation of the Agreement through the Escrow. Escrow Holder shall not prepare any further escrow instructions; Escrow Holder may, however, include its standard general escrow provisions, provided that such provisions shall state that in the event of a conflict between the terms of the standard provisions and this Agreement, the terms of this Agreement shall control. 6.2 As soon as practical after the receipt of this Agreement and the Addendum, Escrow Holder shall ascertain the Date of Agreement as defined in Paragraph 1.2 and advise the Parties, in writing, of the date ascertained. Escrow Holder is hereby authorized and instructed to conduct the Escrow in accordance with this Agreement, applicable law and custom and practice of the community in which Escrow Holder is located, including any reporting requirements of the Internal Revenue Code. 6.3 Subject to satisfaction of the contingencies herein described, Escrow Holder shall close this escrow (the "Closing") by recording a grant deed and the other documents required to be recorded, and by disbursing the Rmds and documents in accordance with this Agreement. 6.4 Buyer and Seller shall each pay one-half of the Escrow Holder's charges and Seller shall pay the usual recording fees and any required documentary transfer taxes. Seller shall pay the premium for a standard coverage owner's or joint protection policy of title insurance. Buyer shall pay for any charges for ALTA extended coverage, and for any title endorsements that Buyer may request. 6.5 Escrow Holder shall verify, that all "Contingencies" (as defined in Paragraph 7.1) have been satisfied or waived prior to Closing. 6.6 If this transaction is terminated for non -satisfaction and non -waiver of a Contingency, then neither of the Parties shall thereafter have any liability to the other under this Agreement, except to the extent of a breach of any affirmative covenant or warranty in this Agreement. In the event of such termination, Buyer shall be promptly refunded all funds deposited by Buyer with Escrow Holder, less 50% of the Title Company and Escrow Holder cancellation fees and costs (and Seller shall pay the remaining 50%). 6.7 The Closing shall occur on the Closing Date, or as soon thereafter as the Escrow is in condition for Closing; provided, however, that if the Closing does not occur by the Closing Date and said Closing Date is not extended by mutual instructions of the Parties, a Party not then in default under this Agreement may notify the other Party and Escrow Holder, in writing that, unless the Closing occurs within 5 business days following said notice, the Escrow shall be deemed'terminated without fiirther notice or instructions. 6.8 Except as otherwise provided herein, the termination of Escrow shall not relieve or release either Party from any obligation to pay Escrow Holder's fees and costs or constitute a waiver, release or discharge of any. breach or default that has occurred in the performance of the obligations, agreements, covenants or warranties contained therein. 7. Contingencies to Closing 7.1 The Closing of this transaction is contingent upon the satisfaction or waiver of the contingencies of the Buyer set forth in Paragraph 7.2 and 7.4 and in Paragraph 24 of the Addendum, and the contingencies of the Seller set forth in Paragraph 7.4 (individually a "Contingency" and collectively the "Contingencies"). . 7.2 The Buyer's Contingencies shall consist of those items set forth below and in Paragraph 7.4 and in Paragraph 24 of the Addendum ("Buyer's Contingencies"). IF BUYER FAILS TO NOTIFY ESCROW HOLDER, IN WRITING, OF THE APPROVAL OF ANY OF BUYER'S CONTINGENCIES WITHIN THE TIME SPECIFIED THEREIN, IT SHALL BE CONCLUSIVELY PRESUMED THAT BUYER HAS DISAPPROVED SUCH ITEM, MATTER OR DOCUMENT. Buyer's conditional approval shall constitute disapproval, unless provision is made by the Seller within the time specified therefor by the Buyer in such conditional approval or by this Agreement, whichever is later, for the satisfaction of the condition imposed Initials PAGE Initials by the Buyer. Escrow Holder shall promptly provide all parties with copies of any written disapproval or conditional approval which it receives. With regard to the Buyer's Contingencies set forth in this Paragraph 7.2, the time periods set forth in Paragraph 23 of the Addendum shall control. Further details as to Buyer's Contingencies are set forth in Paragraph 24 of the Addendum and shall control over any terms set forth in this pre-printed Agreement. (a) Disclosure. - Seller shall make all disclosures required- by law. Seller shall provide Buyer with a completed AIR Commercial Real Estate Association ("AIW') Property Information Sheet ("Property Information Sheet") and the AIR "Seller's Mandatory Disclosure Statemenf' concerning the Property, duly executed by or on behalf of Seller within 10 days following the Date of Agreement. Buyer shall approve or disapprove the matters disclosed. (b) Physical Inspection. Buyer shall satisfy itself with regard to all physical aspects of the Property (including, without limitation, environmental aspects of the Property, soils inspection, and survey) within ten business days after the receipt of all disclosure documents from Seller related to the physical inspection of the Property that Seller has or will obtain. (c) Conditions of Title. Escrow Holder shall cause a current preliminary title report ("Title Report") concerning the Property issued by the Title Company, as well as legible copies of all documents referred to in the Title Report ("Underlying Documents") to be delivered to Buyer. Within 10 business days following receipt of the Title Report and Underlying Documents, Buyer shall satisfy itself with regard to the condition of title. Buyer hereby disapproves any monetary encumbrances and Sellershall have the obligation, at Seller's expense, to satisfy and remove all monetary encumbrances at or before the Closing. At Closing, Seller shall also quitclaim to Buyer the easements described as Exceptions 7, 8, and 9 on Schedule B in the January 28, 2009 Preliminary Title Report ("January PTR.7) and shall execute a recordable Term , ination Agreement ("Termination Agreement") to remove from title the agreements described as Exceptions 13 and 14 on Schedule B in the January PTR. (d) Other Agreements. Seller shall provide Buyer with legible copies of all other agreements ("Other Agreements") known to Seller that will affect the Property after Closing. and Buyer shall satisfy itself with regard to such Other Agreements within ten (10) business days of receipt. (e) Personal Property. No personal property is included in this transaction. (f) Destruction, Damage or Loss. Damage or destruction to the improvements on the Property shall not affect the Purchase Price or the obligations of the Parties to proceed to the Closing; provided, however, that, notwithstanding any damage or destruction, Seller shall, following the Closing, perform Seller's Work as described in Paragraph 27 of the Addendum. (g) Seller Performance. The delivery of all documents and the due performance by Seller of each and every undertaking and agreement to be performed by Seller under this Agreement. (h) Warranties. Each representation and warranty of Seller herein be true and correct as of the Closing. Escrow Holder shall assume that this condition has been satisfied unless notified to the contrary in writing by any Party prior to the Closing. 7.3 All of the Buyer's Contingencies, which include the Contingencies of the Parties described in Paragraph 7.4 ("Buyer's Contingencies") are for the benefit of, and may be waived by, Buyer. If a . ny Buyer's Contingency or any other matter subject to Buyer's approval is not approved (with silence constituting di sapproval) or waived by Buyer as provided for herein in a timely manner ("Disapproved Item"), Seller shall have the right but not the obligation within 10 days following the receipt of notice of Buyer's disapprov al or deemed disapproval to elect to cure such Disapproved Item prior to the Expected Closing Date ("Seller's Election"). Seller's failure to give to Buyer within such period, written notice of Seller's commitment to cure .such Disapproved Item on or before the Closing Date shall be conclusively presumed to be Seller's Election not to cure such Disapproved Item. If Seller elects, either by written notice or failure to give written notice, not to cure a Disapproved Item, Buyer shall have the election, within 10 days after Seller's Election to either accept title to the Property subject to such Disapproved Item, or to terminate this transaction. Buyer's failure to notify Seller in writing of Buyer's election to accept title to the Property subject to the Disapproved Item without deduction or offset shall constitute Buyer's election to terminate this transaction. Unless the Parties mutually instruct otherwise, if the time periods for the satisfaction of contingencies or for Seller's and Buyer's said Elections would expire on a date after the Closing Date, the Closing Date shall be deemed extended for 2 business days following the expiration of. (a) the applicable contingency period(s), (b) the period within which the Seller may. elect to cure the Disapproved Item, or (c) if Seller elects not to cure, the period within which Buyer may elect to proceed with this transaction, whichever is later. 7.4 The Buyer's Contingencies shall include those items set forth in this Paragraph 7.4. The Contingencies set forth in this Paragraph 7.4 shall also be Seller's Contingencies to Closing ("Contingencies of the Parties") and must be approved by Buyer and Seller prior to the last day of the Due Diligence Period. Initials PAGE (a) The City Council has Approved, by means of Resolution No. 9778, a copy of which is attached hereto as Exhibit "B", a zoning variance, which variance is in form and substance satisfactory to Seller and Buyer. (b) Seller has prepared a metes and bourids legal description of the Property, as separated from the remainder of Seller�s property. The Property is legally described and depicted in Exhibit "A" attached hereto, which description and depiction shall be approved by Buyer and Seller and the Title Officer prior to the last day of the Due Diligence Period. Seller shall obtain a record of survey for the property being retained by Seller. (c) Various non-exclusive easements for the benefit of Seller, all as described in the Easement Agreement in the form attached hereto as Exhibi0lCl' (the "Easement Agreement"), shall be approved by Buyer and Seller and the Title Officer prior to the last day of the Due Diligence Period. Buyer and Seller shall agree to a non-exclusive easement for the benefit of Buyer over the portion of property owned by Seller that will be used as a fire road ("Buyer's Easement"). Buyer's Easement shall be approved by Buyer and Seller and the Title Officer prior to the last day of the Due Diligence Period. (d) All of the Contingencies of the Parties are for the benefit of both Buyer and Seller, and may only be waived if waived by both Buyer and Seller. Buyer's and Seller's approval of the Contingencies of the Parties must be in writing (which may be via email) and delivered to each other and the Title Officer by the last day of the Due Diligence Period. 8. Documents Required at or before Closing 8.1 Prior to the Closing date Escrow Holder shall obtain an updated Title Report concerning the Property from the Title Company and provide copies thereof to each of the Parties. 8.2 Seller shall deliver to Escrow Holder in time, for delivery to Buyer at the Closing: (a) Grant deed, duly executed and in recordable form, conveying fee title to the Property to Buyer. (b) Other Agreements together with duly executed assignments thereof by Seller and Buyer. (c) An affidavit executed by Seller to the effect that Seller is not a "foreign person" within the meaning of Internal Revenue Code Section 1445 or successor statutes. If Seller does not provide such affidavit in form reasonably satisfactory to the Escrow Holder at least 3 business days prior to the Closing, Escrow Holder shall at the Closing deduct from Seller's proceeds and remit to Internal Revenue Service such sum as is required by applicable Federal law with respect to purchases from foreign sellers. (d) An affidavit executed by Seller to the effect that Seller is not a "nonresidenf' within the meaning of California Revenue and Tax Code Section 18662 or successor statutes. If Seller does not provide such affidavit in form reasonably satisfactory to Escrow Holder at least 3 business days prior to the Closing, Escrow Holder shall,at the Closing deduct from Seller's proceeds and remit to the Franchise Tax Board such sum as is required by such statute. (a) Evidence of Seller's authority to enter into this Agreement and perform according to its terms. (f) Easement Agreement duly executed by Seller and Buyer. (g) A Request for Partial Reconveyance from any lender holding a security interest in the Property releasing any liens- and encumbrances on the Property. Property. (h) A release of any security in I terests, evidenced by financing statements encumbering the (I) A quitclaim deed, duly executed and in recordable form, quitclaiming to Buyer the easements described as Exceptions 7, 8, and 9 described on Schedule B of the January PTR. (j) The Termination Agreement, duly executed and in recordable form, terminating the agreements described as Exceptions 13 and 14 described on Schedule B of the January PTR. 8.3 Buyer shall deliver to Seller through escrow (a) The cash portion of the Purchase Price and such additional sums as are required of Buyer under this Agreement shall be deposited by Buyer with Escrow Holder, by federal funds wire transfer, or any other method acceptable to Escrow Holder as immediately collectable funds, no later than 2:00 P.M. on the business day prior to the Closing Date. (b) Assumptions duly executed by Buyer of the obligations of Seller that accrue after Closing under any Other Agreements. (c) Easement Agreement duly executed by Seller and Buyer. (d) Termination Agreement duly executed by Sel ler and Buyer. 8.4 At Closing, Escrow Holder shall cause to be issued to Buyer a standard coverage (or ALTA extended, if elected pursuant to 7. 1 (g)) owner's form policy of title insurance effective as of the Closing, issued by the Title Company in the full amount of the Purchase Price, insuring title to the Property vested in Buyer, subject only to the exceptions approved by Buyer. inniais PAGE Initials - -- ------- ------ - 9. Prorations and Adjustments; Other Post Closing Matters 9.1 Taxes. Applicable real property taxes and special assessment bonds shall be prorated through Escrow as of the date of the Closing, based upon the latest tax bill available. The Parties agree to prorate as of the Closing any taxes assessed against the Property I by supplemental bill levied by reason of events occurring prior to the Closing. Payment of the prorated amount shall be made promptly in cash upon receipt of a copy of any such supplemental bill. At the Close of Escrow, Escrow Holder shall notify the County Assessor's Public Acquisitions Department and remit a check (if any) for the prorata share of real property taxes on said Property, as of date of Close of Escrow, for the tax year *in which the Close of Escrow occurs, as disclosed by preliminary report issued in connection herewith, for the prorata share of said taxes from the commencement of the applicable tax year through the Close of Escrow, or as otherwise amended in writing prior to the Close of Escrow. Escrow Holder is further. authorized and instructed to issue a letter at Close of Escrow to the Disbursement/Tax Division of the County of Los Angeles Assessor's Office, requesting tax cancellation status. Escrow Holder is authorized to issue said letter of information notifying same of the transfer of the Property to a body corporate and politic and remit any taxes due, if any, as of the Close of Escrow. Upon Escrow Holder's receipt of a confirming acknowledgement, Escrow Holder will forward a copy to Buyer, subsequent to the Close of Escrow. 9.2 Post Closing Payments. Any item to be prorated that is not determined or determinable at the Closing shall be promptly adjusted by the Parties by appropriate cash payment outside of the Escrow when the amount due is determined. � s 9.3 Post Closing . Work. After the Closing, Seller shall perform Seller's Work, as defined in the Addendum hereto, in accordance with the terms of Seller's Demo Contract, as described in the Addendum hereto, a copy of which is attached hereto as Exhibit 66D91. 10. Representation and Warranties of Seller 10.1 Seller's warranties and representations shall survive the Closing and shall not be merged into the Grant Deed, and are true, material and relied upon by Buyer in all respects. Seller hereby makes the following warranties and representations to Buyer: (a) Authority of Seller. Seller is the owner of the Property and has the full right, I power and authority to enter into this Agreement and the d6cuments required hereby to be executed by Seller, and to sell, convey and transfer the Property to Buyer as provided herein, and to perform Seller's obligations hereunder. (b) Company Actions. All requisite company action has been taken by Seller in connection with the entering into this Agreement and the documents required hereby to be executed by Seller, and the consummation of the transactions contemplated hereby. (c) Signature Authority. The individuals executing this Agreement and the documents required hereby to be executed by Seller on behalf of Seller have the legal power, right and actual authority to bind Seller to the terms and conditions hereof and thereof (d) Binding Obligations. This Agreement and all documents required hereby to be executed by Seller are and will be valid, legally binding obligations of and enforceable against Seller in accordance with their terms, subject only to applicable bankruptcy, insolvency, reorganization, moratorium laws or similar laws or equitable principles affecting or limiting the rights of contracting parties generally. (e) Accuracy ofRepresentations. Except f6r reports or documents prepared by third parties for the benefit of Seller that are provided to Buyer (as to which Seller makes no representation or warranty as to accuracy or completeness), no representation or warranty made by Seller in this Agreement or in any document furnished or to be furnished, to Buyer pursuant to this Agreement contains or will contain any untrue statement of a material fact, or omits or will omit to state a material fact necessary to make the statements or facts contained therein not misleading. Except to the extent set forth in writing from Seller, Seller's representations and warranties made in this Paragraph will be continuing and will be true and correct as of the Closing with the same force and effect as if remade by Seller at that time. (f) Hazardous SubstanceslStorage Tanks. Seller has no knowledge, except as otherwise disclosed to Buyer in writing, of the existence or prior existence on the Property of any Hazardous Substance, nor of the existence or prior existence of any above or below ground stora , ge tank. (g) Compliance. Seller has no knowledge of any aspect or condition of the Property which violates applicable laws, rules, regulations, codes or covenants, conditions or restrictions, or that there is any unfulfilled order or directive of any applicable governmental agency requiring any investigation or remediation be performed on the Property except to the extent the same are valid non-conformilng uses and except to the extent of Seller's Contingencies to Closing set forth in Paragraph 7.4. (h) Changes in Agreements. Prior to the Closing, Seller will not violate or modify any Other Agreement, or create any new, or amend, modify or extend any existing, leases or Other Agreements affecting the Property, without Buyer's written approval, which approval may be granted or denied in Buyer's soleand absolute discretion. Initials PAGE —Initials - -- ------- ------ - (I) Possessory Rights. Seller will take possession of the Property, free of any rights of any other party to possession except as provided in the Addendum. (j) Mechanics'Liens. There are no unsatisfied mechanic's or materialman's lien rights concerning the Property. (k) 4ctions, Suits or Proceedings. Seller has no knowledge of any actions, suits or proceedings pending or threatened before any commission, board, bureau, agency, arbitrator,- court or tribunal that would affect the Property.or the right to occupy or utilize same. (1) No Seller Bankruptcy Proceedings. Seller is not the subject of a bankruptcy, insolvency or probate proceeding. For purposes of this Agreement, with respect, to the Seller, "knowledge" shall mean the actual, but not constructive, knowledge of Douglas Pittman, without. inspection or inquiry; Douglas Pittman is the Engineering Manager of the Seller for Plant 23 (Vernon, California), and is the person with the most complete and accurate information as to the condition of the Property and the accuracy of the representations and warranties provided to the Buyer. 11. Buyer's Entry At any time prior to the Closing, Buyer, and its agents and representatives, shall have the right at reasonable times upon reasonable advance notice to Seller, to enter upon the Property for the purpose of making inspections and tests specified in this Agreement, including such borings and other physically invasive testing that may be required, provided, however, that Seller shall first be notified of any borings or other invasive testing. The exercise of such rights shall not materially impair Seller's use of or. access to the,Property. Following any such entry or work, unless otherwise directed in writing by Seller, Buyer shall return the Property to the condition it was in prior to such entry or work. All such inspections and tests and any other work conducted or materials furnished with respect to the Property by or for Buyer shall be paid for by Buyer as and when due. Buyer shall indemnify, defend and hold harmless Seller, its employees, officers, staff, agents and representatives, from and against any claims, causes of action, obligations, liabilities, costs, and expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of or related to personal injury or property damage resulting from the exercise of Buyer's rights under this Paragraph 11. The results of all inspections and tests conducted by or on behalf of Buyer shall be made available to Seller at no cost. 12. Further Documents and Assurances The Parties shall each, diligently and in good faith, undertake all actions and procedures reasonably required to place the Escrow in condition for Closing as and when required by this Agreement. The Parties agree to provide all further information, and to execute and deliver all further documents, reasonably required by Escrow Holder or the Title Company. 13. Attorneys' Fees If any Party brings an action or proceeding (including arbitration) involving the Property whether founded in tort, contract or equity, or to declarerights hereunder,, the Prevailing Party (as hereafter defined) in any such proceeding, action, or appeal thereon, shall be entitled to reasonable attorneys' fees. Such fees may be awarded ,in the sarrie suit or recovered in a separate suit. The term "Prevailing Party" shall include a Party who substantially obtains or defeats therelief sought, as the case may be, by judgment, or the abandonment by the other Party of its claim or defense. The attorneys,' fees award shall not b ' e computed in accordance with any court fee schedule, but shall be such as to fully reimburse, all attorneys' fees reasonably incurred. 14. Prior Agreements/Amendments 14A This Agreement sets forth the entire agreement between the Par.ties,as to the matters set forth herein, and supersedes and replaces any and all prior and contemporaneous negotiations, discussions� writings, letters, or agreements, whether written or oral, between Seller and Buyer regarding the Property; 14.2 Amendments to this Agreement are effective only if made in writing and executed by Buyer and Seller. Notices 15.1 Whenever any Party or Escrow Holder 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 nationally -recognized overnight courier, to the address set forth in this Agreement or by facsimile transmission. 15.2 Service of any such communication shall be deemed made on the date of actualreceipt or refusal to accept delivery- Communications transmitted by facsimile transmission shall be deemed delivered upon telephonic confirmation of receipt (confirmation report from fax machine is sufficient), provided a copy is also Initials PAGE Initials - — ------- ------ - delivered via delivery or mail. If such communication is received on a Friday, Saturday, Sunday or legal holiday, or after 5:00 p.m. (PT) it shall be deemed received on the next business day. 15.3 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. 16. Duration of Offer 16.1 If this offer is not accepted by Seller on or before 5:00 P.M. according to the time standard applicable to the City of Vernon, California on March 31, 2009, it shall be deemed automatically revoked. 16.2 The acceptance of this offer, or of any subsequent counter offer hereto, that creates an agreement between the Parties as described in Paragraph 1.2, shall be deemed made upon delivery to the other Party herein of a duly executed writing unconditionally accepting the last outstanding offer or counteroffer. 17. LIQUIDATED DAMAGES (This Liquidated Damages paragraph is applicable only if initialed by both parties.) THE PARTIES AGREE THAT IT WOULD BE IMPRACTICABLE OR EXTREMELY DIFFICULT TO FIX, PRIOR TO SIGNING THIS AGREEMENT, THE ACTUAL DAMAGES WHICH WOULD BE SUFFERED BY SELLER IF BUYER FAILS TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT. THEREFORE, IF, AFTER THE SATISFACTION OR WAIVER OF ALL CONTINGENCIES PROVIDED FOR THE BUYER'S BENEFIT, BUYER BREACHES THIS AGREEMENT, SELLER SHALL BE ENTITLED, AS ITS SOLE AND EXCLUSIVE REMEDY FOR BUYER'S BREACH OF THIS AGREEMENT (ALL OTHER RIGHTS AND REMEDIES BEING WAIVED HEREBY; WITHOUT LIMITING THE FOREGOING, SELLER HEREBY WAIVES THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 3389) TO LIQUIDATED DAMAGES IN THE AMOUNT OF $200,000. UPON PAYMENT OF SAID SUM TO SELLER, BUYER SHALL BE RELEASED FROM ANY FURTHER LIABILITY TO SELLER, AND ANY ESCROW CANCELLATION FEES AND TITLE COMPANY CHARGES SHALL BE PAID BY SELLER. Buyer's Initials Seller's Initials 18. Miscellaneous 18.1 Binding Effect. This Agreement shall be binding on the Parties. 18.2 4pplicable Law. This Agreement shall be governed by the laws of the state of California. 18.3 Time ofEssence. Time is of the essence of this Agreement. 18.4 Counterparts. This Agreement may be executed by Buyer and Seller in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Escrow Holder, after verifying that the counterparts are identical except for the signatures, is authorized and instructed to combine the signed signature pages on one of the counterparts, which shall then constitute the Agreement. 18.5 Conflict. Any conflict between the printed provisions of this Agreement and the typewritten or handwritten provisions shall be controlled by the typewritten or handwritten provisions. 18.6 Survival. The provisions of this Agreement and the Addendum shall survive the Closing. 19. Construction ofAgreement In construing this Agreement, all headings and titles are for the convenience ofthe parties only and shall not be considered a part ofthis Agreement. Whenever required by the context, the singular shall include the plural and vice versa. Unless otherwise specifically indicated to the contrary, the word "days" as used in this Agreement shall mean andrefer to calendar days. For purposes of this Agreement, "business days�' excludes Fridays, Saturdays, Sundays, and holidays. This Agreement shall not be construed as if prepared by one of the parties, but rather accordi I ng to its fair meaning as a whole, as if both parties had prepared it. 20. Additional Provisions and Exhibits Additional provisions of this Agreement are attached hereto by an addendum (the "Addendum") consisting of Paragraphs 21 through 32, Exhibits "A", "B", "C", and "D". The Exhibits are attached hereto and incorporated herein by this reference. Initials PAGE Seller accepts the foregoing offer to purchase the Property and hereby agrees to sell the Property to Buyer on the terms and conditions therein specified. Seller acknowledges receipt of a copy hereof and has delivered a signed copy to Buyer. The undersigned Buyer offers and agrees to buy the Property on the terms and conditions stated and acknowledges receipt of a copy hereof BUYER: City of Vernon By: Leonis C. Malburg, Mayor Attest: Manuela Giron, City Clerk Dated: Approved As to Form By: Jeff A. Harrison, City Attorney Dated: Address: 4305 Santa Fe Avenue Vernon, CA 90058 Telephone: 323-,583-8811 Fax: 323-826-1438 Federal ID No.: 95-6000808 SELLER: Seller: Owens -Brockway Glass Container Inc., a Delaware corporation By: Its: By: Its: Federal ID. No. 22-2784144 Dated - Address: One Michael Owens Way Perrysburg, OH 43551-2999 Telephone: 567-336-5001 Fax: 567-336-2623 8 PAGE Initials EXHIBIT "A" LEGAL DESCRIPTION AND DEPICTION OF PROPERTY 9 Initials PAGE Initials ---------- ------- EXHIBIT "A-1 vv CITY PARCEL Legal Description THAT PORTION OF LOT30, OF THE 500.A.CRETRACTOP THE LOS ANGELES FRUITLAND ASSOCIATION, INTHE CITY CIFVERNON, COUNTY OF LOS ANGELES, STATE OF.tALIFORNIA, AS 'PER MAP RECORDED IN BOOK3, PAGES 156 AND 157 OF MISCELLANEOU ' S RECORDS, AND ALSO BEING A PORTION OF PARCEL2ASSHOWN ON RECORD OFSURV-EY FILED IN BOOK 191, PAGE 20 OF R�CORDS OF SURVEY, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WFrHfN THE FOLLOWING DESCRI85D PARCEL OF LAND: COMMENCING AT THE SOUTHWEST CORNER OF -SAID PARCEL 2, AS SHOWN ON SAID RE -CORD OF SURVEY, THENC E, NORTH 0000712" WEST, 24.0.0 FEET ALONGTHE WEST LINE OF SAID PARCEL 2 TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE, SOUTH 89-58'SS- EAST, 8-3-55 FEET, THENCE, NORTH 0-01V5" EAST, 14.33 FEET; THENCE, SOUTH 89'58'515" EAST, 29.19 FEET; THENCE, NORTH 0-01-05" EAST, 16.94 FEET, THENCE, SOUTH 89'58'55" EAST, 60.67 FEET; THENCE, SOUTH 0-01-05" WEST, 9.27 FEET, THENCE, SOUTH 89*58'55" EAST, 32.30 FEET, THENCE., SOUTH IrM-05-- WEST, 16.00 FEET; THENCESOUTH 89'.58-55" EAST, ls4.3.s FEET; THENCE, NORTH 0-07-Ir WEST� 2.68- FEETr THENCE, SOUTH 89058'55" EAST, 11.00'FEET,-THENCE, NORTH 0.0*071r WEST; 216.73 FW6 PARALLEL WITH T14E WEST LINE OF SAID. PARCEL 2; THENCE, EAST, 34.40 FEET, THENCE, NORTH 00*071V WEST, .161.15. FEET PARALLEL WITH THE WIEST LINE OF SAID PARCEL 2, tO A POINT ON THE NORTH LINE OF SAID PARCEL 2; THENCE, WES7� 415.47 FEET ALONG THE NORTH LINE OF SAID PARCEL 2. TO THE BEGINUING OF A TANGENT CURV E, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 20.00 FEET, THENCE, SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF qolorw, AN ARC LENGTH OF 31A'G FEET TO A POINT ON THE WEST LINE OFSAID PARCEL 2, THENCE, SOUTH 0Cr07'2r EAST, 266.39 FEET ALONG SAID WEST LINE TO THE TRUE POINT OF BEGINNING. Prepared by: I DOU91M Boynton, PLS4787 voymm Dulin and Boynton %EV�. 30 SEPP to 729 E.- W-Wo w Strcet Ls 4w W Signal Hill, CA 907-55 00 (562)4,26-6464. I- IWU 0 I 0 co I`= 2001. EXCHIBIT "'A-211 CITY PARCEL Sketch to Agcompany Leggil Dowscription EAST 50th STREET b. 1981.41' b.MV FRUITLAND AVENUE P. I. GL 116, 145 SO. -FT. 2. 666 AC NOT[f- . - 15: PARCEL5 1. 2, 3 AND 4 REFER, TO REM g 5URVEY FILED IN BOOK 191 PAGE 20 of REcoRD5 OF:5LJKVf-Y A!3 DOCUMENT NO. 04-25,51149. C5"PROPEMY I N QUMTtOW A5 Df!5C.KlBED- IN EXHOIT W I n N.A.P. 15 "NOT A PART' EikST lu m tz Ow x > 4c Nisgt_B&�* LINE TABLE LINEILENOTA BEARING L11 14. 00 1 lef w ,Lei -9&55—T 581531r, L31 14,33 NA �Gvcw�c LA 29.19 Sag-591WIC L5 16.94 HW4jv3jlOm5? LS 6a 6-7 S 158,55,El L7 9.,27 SWOMB51W. 3a L9 16 .6-00 .0() Sao 6L p 68 Z6 000;0�7T52-'-. 13.7 1 - W I Lill 11.00 DOW.0 A.. SOMM xv. 30 sp to L L& A787 A w 0 EXHIBIT "B" RESOLUTION APPROVING ZONING VARIANCE 10 Initials PAGE Initials - -- ------- ------ - 1 2 4 5 6 7 io -11 12 13 14 15 16 17 1.8 19 20 21 22- 23, 24 25 2-6 27 RESOLUTION NO. 9778 A RESOLUTIONOF THE CITY COUNCIL OF THE CITY OF VERNON ARENDING RESOLUTION Voi 8159 GRANTINCA. VARIANCE TO OWENS.--BROCKW.AY GLASS CONTAINER, INC. FROM SECTION 26.5.1-6. -O-P THE COMPREHENSIVE ZONING ORDINANCE-, FOR THE PROItRtY -LOCATED AT 292-3 FRUITLAND.AVENU'B IN THE CITY OF VERNON WHEREAS, Owens-B,rockway Gjas-s Con�ainer,. Inc. (hereinafter referred to as "0Wen6-B-jrdc.kway'1) owns and occupies the property. located 4t 2:923 Fruitland Avenue in the City, of Vernon (.hereinafter referred to ag. the "Property'); and WHEREAS, on Decetber 17, 2007, the -City Council of the Vern-pn enacted Ordinatce No. � 1139, Which became efffective on January 16, 2008, adopting the Comprehensive ZGning Ordinarice o-f the City of Vernar� (th(§ "Zonitq Gedinance"); WHEREAS, the Property is lacated in the I-Z-one, Industrial; and 'WHEREA8,.on February 19, 2b,03, the Council of the City of Vorndn adopted Re8olution No. 8152, granting a variance to Owens, Broakway Glass r_Qntainer, Inc. frot- the 'Zon-j-n.g Ordinance for the Property; and WHEREM, on December 3, 20-07, the City Copncil of the City of Vierfi.on adopted :Resolutian No. 94-84 adopting the Cit o-f Verno y n-General Plan and the various, elements included; therein (the "General. Plan"), and WHERRAS, Oweps-Brockway is r0questing an amendment to its variance froju. the Zoninq OrdinariM,. approved by Aesoluti.bn No. 8-152; and WHEREAS, 0-wens-Biockway intends. to sell an aPPTOximate' 2.89- 1 .2 '3 4 9 12 13. 14 15 16 1_1 is 19 2.0 21 22 23 24 25 27 2'8 acre portion of the Propetty, -spaCifically,a poxtion of Lot 30 (he±einafter referred to as the "Sub"ect Property"), ond proposes to, laonstruct a. n-ew building twarehouae) approximately 17,00-0 square feet in size whic.h will require additional automobile oarkihg spaces to be 11proVided; and. WHEREAS, Oue to the unique industrial -nature of Owens- Brockwaylp pperation, it me.e�s the intent of the Zoning Ordinance by providing sufficient parking a -ad I-oading for its aat-iAal need; and WHEREAS, thO Property ia used. for ma,rllufacturi.ng and warehousing of the manufactured product which is consistent with the objectiVes of the Gener-al Plat aAd goninq 0",rdiriance.; and WHEREAS, the lot that Will be $.old w411 comply with the CitY's parking, And loading requirements, since all exlisting buildin.g.s will be demolished; however, the remaining Property no.t. bein -sold will. not comply; and WHEREaS,. by selling the- Subject Property, the remaining Property will �.e. made less conforming; WHEREAS, Section -215.5.1-6 of the Z,on`i:ftg Ordinance specifies th.a.t adequate off-street parkihq( and loading space shail b.e. prowided for each irse, Oevelopment or property, or for each buildiag, to accommodate all aut.omobiles or similar v6hicles- of the employees, consultantB, agents, buyers, vendbra, salesmiEfti., visito-ra, and Qther Porbon8 norh(allY transActing busift".s at 'a4ch enterprise or building; and WHEREAS'! -a particular ate -a of the facility, Building A2, ie; used. exclusive�y for housinq equipmont iiftd oP,6tatior.is -atid is, not n-ormally oacqpied by employees or stpred product; and WHEMS, under a strict application of the parking 2 1 requirement in 26.5.1-6, Owens -8`1-dc kwa wbdld nedd to ptovidd an 2 akdditio.nal 116 autPT46bile pa.rking spaces; and. 3 WHEREAS, there is no physical area in which to place those 4 additional'8paces; and 5 WHEREAS, in :addition, Ow.ens-Brpctway wa:s not able to locate .6 any available parking an adj.aaeat sites; and 1 7 WHEREAS, aftothdr alternative would. be to reduce the number R of parking and loading Spaces required. by tearing down A buildiriq, 9 which WoUld. pawse an. U.nreasonAble- Ii-,ardship to the. applicant, sincze the 10 actual ne-ed. of Owens -Brockway- is. far less then the number'of parking 11 stalls. that is being provided-7 And 12 WHEREJM, Owens.-BroCkway h.as- been operating oft the site for 13. oVer 60 years; and 1:4 WHEREAS-, this building has been used BDr manufacturing 15 c�nd warehousing Qf the manufactured prod.uc�t and. it cdntinuE�-'s to bo 16 -used I.Or the some -pixrpose.; ano 17 WHEREAS, Owen.s-Broakw.ay currently -employs :8'0 people -on day -18 shift, -60 peo''Ple 6n swing shift, and 60 people. on graveyatd' shift; ah-d 19 WHEREAS, according t.o Owens.- arqc-,kway, the Maximum number of 20 employee Vehicles. at the site at one time is 78, which would -occur 21 during a shift change and if the varianGe were. qrabted, Owens -B.rbc kwa y .22 -would 'Still be providing 200 parking spaces ot which -a Maximum of 78 23 would be used. at any one time; 4nd 2.4 WHEREAS, sixice there is- ample room to. -accoimnodate the 25 employee parking-, there will be no parking Overflow- onto adjacent. sidd 26 streetar and the surrounding axea; and 21 WHERE -AS, Owens -Brockway ha.5 advised the CitY that it has 2.8 sufficient parking at 2923 'FtUitlarid Av6nuie for its 4idtual need and has- 1 xequested that ita variance be amended to all6w Owens -Brockway to 2 provide parking -��paces based on its actual need and not on the code required number; and 4 . WHERE -AS, -City Staff has dete±minud, based oh its. 5 observations, that Ovens-B"rockway currently has sUfficient parking for G. itz employeep an'O visitors. to the site; and 7 WH9REAS, conseggentlyt the existing use does not and will not 8 adVersely affect the iilti�rests of the 'pub -lit o-t vicinity of the 9 p-remi8es; and .1.0 WHEREAS, the purpose of the parkinq requize-mi�nt is to 11 accommodate all automobiles: or similar V6hicles af emplayOes, 12 consultants, agents:,. buyer&., -v-sndors, salesten, Visitors, an oth r d e_ 1 3, persdns normally transacting- business at the gnterpriae ar building; 14 and. 15 WHEREAS, the rationale for excluding Building A2 from the 16 calculatiQn of the parkiii-q reguiremont is. als-c? cdnsistent with Lhe 17 p9licy behind the parking requirement- in Section 26.5.1-6, which is to 18 accommodate the' automobiles, of those tzansacting business. at the 19 ehter]-Prise. or building.., an.d 2.0 WKEREAS, the strict aPplication of the off-street parking, 21 acce.5-a and loading requixements of the zoning Ordinance at this time 22 would cause an unreasonable hardshig to the applicantj and 23 W.HEREAS, the City Council has received a. Staff Report dated 24 November IS, 2008, upon wbich it haz rel ied in, making the foregoing 2-5 recitals; and 2*6 WHEREAS, the Director of Community Services& WAter ha.5 27 recommended that the City find that the Project is categpric.ally exempt 28 -from the California Environmental -quality Act because it is an existing F1 I 1 2 3 4 :6 7. B .9 12 13 14 19 20 21 2.2 2,3 24 25.- Z-5 27 2-8 facility pursuant tO Section 15301 and a NotiCe 6f ExemPti-On wili be prepared and filed with the "Coqnty Qle.rk; and WHIEREAS, the CIty C.ouncil of thev City of Vernon held a hearing Gh said varia . nce amehdment on Decembet 1, 200R. NOW, tHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERMON AS FOLLOWS: BECTION 1: The GitYZUuncil of the City of Vernon hereby finds aTid determines that. the recital s conta-thed hei'rOifiabove ate true and correct. StCTION 2: The 'City Council of the City of 'Vernon hereby finds that the proposed prbject is cAtegorically 6.xempt pursuant to SectI.On 15301 -of the -Californija Environmental QUality Act and :direc-ts the. City Clark, or her designee, to file a Notice of Exemption in regard tov the envirohiMental irhpaot of said p4oject with the County Clerk of the. i�vunty of Los Angeles. ;9ECTION 3: A variance from Se- c.tion parking and loadinq of the Zoninq. Ordinance, specifying that ade�quate off-street pArking and loadinq sp&ce sha-111 be prbvided fo±each use, development. or property Or for eiach buil.diqg, to a.dcommodate all automoblies or s-i-milar vehi cles of the employees, vanvultants, agents, buyers, verfdors, 6a.lesmen, visitors, and other persons normally tra-rutacting busino�as- at -�;uch ent-6rprise or building, 1V hereby granted to Owens -Brockway located at 29Z3 Fruitland Avenue. SECTION 4; The. variance granted i-a subject to the follo.wing. 4) The. facility shall be operated in accordanc.e With all cUrfent co -des, rules, and regulations ayid stibject to pgrmit fees -as adopted �by the City of Vernon not otherlwise addresSed by this grant of a variance.. - 5 - I b) The applibaffit shall. maifttain the. ydrd. -cleAn, free of d0bris, and 2 preVent the off -site Tnigr4tion of d�ebris. 3 The facility shall be operated in a manner that will prevent 4 unsanitary canditi-ons, odors or other nuisan.cos. 5 d) This.-va-riance 'shall automatically expare at the time of any 6 expansion �except that Owena-Brockway shall be permitte.d to add a 7 strUcture not exceeding 17,01D.0 -square. feet in aize as -shown on the 8 a�pproved site plan'� o.t 'structural alte.tation of an!! buildihq Q.h the 9 Property �fqr purposes of these conditions, the 'Pxqperty." means I (j that portion of the real proper - ty located at 292n Pruitland .,Avenue 11 thAt remain.8 intact afteif the subject parcel ia sold�,,ok upon 12 -change of Lise pr -qwnero4ip, or if the covenant and agreement 13 xi�strkcting the. use ot Building A2 is breached or terminated, 14 Whichever 6ccurs, first, at which tithe the occupancy. of the 115 structures shall be. discontinued tinleas; the 'site Is brought into 1.6 compliance with all applicable ztandarq for p4rkin�g ac.cess and 17 loading areas aet lorth in the 2oning. Ordinance. 18 e.) Ujaon an.y change in us.e or- owni�!rship of 611 or a. portion of the 19 propprty, the entir.e Pr:operty shall be made to conform to all Lrucik .20 and automobile parking requirements and all truck loading 2'1' requir'elfta'nts-, unless a niew variance is req`uested and qranted by the 22 city- CoUncii. 2.3 f') .All parking and Loading facilities. shall X�e paved with a nete 24 or asphalt concrete paving and shall be -adequately drained, and. 25 kept fx.'eo Of dust, MU.d, tta-6h -aiid. -Weeds. Where parking or 2.6 mwneiiv!a�rin.g areas. adjoih the publio streot a aoncrete Wall or '271 landscape strip shall be in.s.tall.ed.and -maintained to meet City 2B standards. 12 13 14 15- 16 17 2D 21 2.2 .23 2-4 25 26 27 28 q) The project site shall he. maintoined jgubstanti-all-y in r_Mpliance .with the -site plan submitted, as part of this variance 4pplication. h) All existing and future tenants shall be -notified of these restrictions on the Ytoperty and a conditiot statihg this shall be placod in all future leases. i) 'The second floor of Building A, known as Building A-2, shall remain unaccupied by people with thO exception of a conveyor line. No warebovsiriq ar manufacturing areas sha,11 be maintained in this ar.ela. Owens-Brockwa-y shall maintain -a covenant restricting the occupancy of Building AJ2 to a can"yor line. Waftcompliance -with afty of the Gonditions hetein shall constitute suffi.cient group�.s -for the City Council of the City of I Vern -on to void. this. variance. and requize Owens-'-rockway to comply with the B. parkinq and loading reqUilr�tments of the Zoning Ordinance. SECTIQN .5.: Thi�� provisjarii3. of Resplution. No. 9152- not consistent with Dr In coa-flict -with this resolution- are. hereby -repealed; in all -other respects Resolution No. 8512 sball remain in fb11 force andeffect. .SECTION .6, The City Clerk of the City K?f Vernon shall -cer-tify to the. pa"age of this re -solution, and thereupon and. thereafter the same shall be. in full force and effect. APPROVED �WD -ADQPTEE) this V�t day of December, 2008. UE-C4GIK0_W,�_-; Cifty Clerk - 7 - Name: -ionis- C. MaIbuk.g 'Title: Mayor 1 2 3 :4 5 6 10 11 12 1.3 14 is 16 1� 19 .20 21 22 23 -24 25 26 27 2S �TATZOF CALIFORNIA COUNTY OF LOS ANr�ELES- 1, MANUELA G.I.RON, City Cl�e.xk- of the City pf Vernon, do- hereby certify that the foregoing Resolution, being Resolution No. 9778. waa d1ily -adopted by the City Couxicil of the. City Of Verndn at -a regular m eeting of the 'City CouAtil duly held on Monday, December 1, 2,OQ8, a(nd thereafter was duly sIgned. by the Mayor or Mayor Pro-Tem of the City o f Vernon. MANUELA GIAOI�,—Cilmy Clerk (SEAL) EXHIBIT "C" EASEMENT AGREEMENT WITH ATTACHMENTS RE -CORDING REQUESTEDBY and WHEN RECORDED MAIL TO AND MAIL TAX STATEMENTS TO: Owens -Brockway Glas. Container Inc. One Michael Owens Way Perrysburg, Ohio 43551 Ann: Global Real Estate Department THE SPACE ABOVE IS FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX IS NONE — VALUE AND C ONSIDERATION LESS THAN $100.00 EASEMENT AGREEMENT This Ensbment Agreement (the "Agreem6nt') is etitertd into this day. of 200% by.and among the City of Vernou, a California. municipal corporation ("CiW') and Qwens�Brockway Gliss Container Inc., a.Delaware corporation ("Ol'). RECITALS: A. Tht�- City is the -owner of oettain. real property located at the southeastooruer of 5001 Street and Soto S-treet in the City -of Vernon, C�ounty of Los..Angeles, StAte of California, legally dc�eribed on Kildbit A-1 -arid depicted ob Exhibft A-2, each of which is attached hereto and incorporated herein (thp "City Parcel"). The City acquired title to the Oty Parcel from Of by 6- rant Deed recorded on ) m Instrument Number in the Official Records of the County,6f Los Angeles, State of California. C. 01 is the owryer of certain rdal property located east of thd City Parcel and -south of 50'h Street in.the City of Vernon, County of Las Angeles., State -of California legally described on Exhibit B-1 and depicted on Exhibit 8-2, cazb of which is attached hereto and incorporated herein (the "Ol Parcel"). D. 01 is. also- the ow-ner of -a separate parcel of Te. al property located on Fruitland Avenue., bqunded b Sato Street and Boyle Avenue, south pf the City P=el and the 01 Parcel, - Y in the City of Vernon, Covnty of. Los Angeles, State of California, legally described on Exhibit C-1 and depicted an Exhibit C-2, earah.6f whi ch is -attached he, retQ atid incorporated he -rein (the "Additional 01 POcel"). 0191(VM53 1958245 E. 01 desires to obtain a now non-exclusive eas6ineiit to provide fire and d"mergeney access:as maybe necessary to -maintain and seindice the Additional OlParcel -on, over -and across: a portion of the City Parcel which is legally described on Exhibit D-1 and is shown on the drawing,on Exhibit D-2 attached hereto (th e "Fire Acedss-Easoment ArW�, F. 01 dcsites to- obtain a new non-exclusive easement to. provide for'a no -build area to m, ' aintain and scrvice the. Additional 01 Parcel on, over and acrossa pqktion of the. City Parcel which is legally described on Exhibit E-1 and.i.s.sbown on the drawing on Exhibit . E-2 attached hereto (collectively, the 'Wb�8uild Easement AVOW). F. The City is willing to grant and convby to 01, -and its. sudce8sors- 'and assigns, for the benefit of the Additional 01 Parcel: (a) a non-exclu.sivc casem. ent allowing fire and eine�gency access on, over and acrass the Fire Access Easement Area; -and (b) a non'-ex6lusive easement providing for a no -build area. on, over and -across the No -Build Easement Area'; all upon and in accordance vAth. the to s and conditions contained h in. rM erel The Fire Access Easement Area and the No -Build Easement Area -are individually- refetred to as an —Easement Area" -and collectively referred to as the "Easemoiit Areas�". ARTICLE I EASEMENTS LOI Gmut of Fire Access Easement. Upon and subject to the terms here6f, the City,. for itself and all its -successors -.-and. assigns, hereby grants. and conveys to 01, and its sue ssors and assigps-, for the benefit of the Additional 01 Parcel, an app�jrtenani, perpetual ce n- -and rkQ exclugive easement for the , cOnstfucti0h, installation, operation, maintenance. repair -and replacement of -a fire -and emergency access. road on, over, in, under, and across the Fire Access Easeftient Area located on the City Parcel ("Fire. Access- Easement"), 1.02 Grant of No-Bvild Easement. Upon and subject to the terms hereof, the City, for itself and its sUccesi.sors and asgigm, herebygrants and conveys to 01, and its s iccessbrs -and a§signs, for the benefit of the Ad ' ditional 01 Parcel, angppurtcoant, perpetual and non-jaxelusiver dasement that shall prohibit the City, and its succtssors and assighs, from construeffi1g, installing, locating -pr maintaining. any building, ��truct:tire, foundation or other improvement on ross in, under, -or ac the Nb-BUild Eas�mont Area located on the City Parcel ("No"Build Easement"). �A 019101.0053-185924.5 ARTICLE 2 USE OF EASiMtNTS 2.01 Use of Easements. The City agrees, -on behalf, of itgelf and its successors and assigns tbal: (a) the City -shall n.pt use, or pemit any other party to use, the Easement Areas in any- way that violates the terms, of this Agreement; and (b). the City shall not construct or ingtall any bui . Iding, structure, fence, foundation, utility or other improvement on, over, in., i4nder, or across the Easement Areas or block -or make impassable the Fire Access Easement ("Piohibited Improvement"). 2.02 Repair, Replacement and Restoration. 01 agrees, ori behalf of itself and its sumessors and atsigna, andat its or their sole cost and expense, to repair and -replace any damage .to the Easement Areas caused by 01, its- Agents, employees, contractors,or subcoMractorg in"thd exercise of its or their Tightsunder this Agreemerit itrid. to mstore the same to their condition prior to. the damage; provided that such obligation shall not apply to any Prohibited IMprovement. All such repair, replacement. and restoration performed by or on behalf of 01 hereunder (A) shall be comineticed -within a reasonable time after thencerd for -such arises, (b) sh-all be prose.puted with all due diligence and dispatch, (c) shall be carried on in -such. a manner thgt will not interfere with the City's uge and enjoyment of the r=ainder of the City Parcel (excluding the Easement Areas-.), -and (d) shall b� performed in a go . qd -and'workmanlike manner in full compliance with .all building codes and other applicable laws and governmental rules and regulations. Except as may be specifically provided herein, the City in -no. way assumes, wr shall, the City- have any obligation or res lacement of the ponsibility whatsoever for, the maintenance, repair, or rep Easement Areas or for the uses set fwth, in Article I.except -as provided hierein. 2.03 Lien's. Of shallnot permit to exist or otherwise to be enflorced against any potfion of the- Easement Areas, any mechanics', materiabnen's, contrActors.' or other liens (collectively, the "Liens") arising out of the acts -or praIR.sions of Of hereunder. 01 hereby hidemnifies and agrees to hold the City fte and harmless ftom a] I liability f6r a ny and all such Litns, together with All costs. and expen.ses, including, but not limited to, attorneys' fees and, court costs reasonably incurred by-the'City-in con,nbcdon therewith. If any,,sueh Liens shall at any time be recotded against the Easement Areas or any portion thereof as a result pf the foregoing, and 01. shall fa-, within thirty (30)- day-S afleT, such recording, to eithei (i) pay and dischiirge the underlying claim and cause a lien release -to be recorded or.(ii.) furnish to the City a surety bond or other sce0ty reasonably satisfactory to� the City protecting the City against liAbility for such Lien and ho [ding the affeeted property -free from the effect of �uch Lien, then the Citymay, but, shall not be obligated to, take such action OT pay such amounts as. -may be necessary to remove such Lien, and 01 shall immediately pay the City the amount so expended by the City., together with interest'thereon at a rate of -ten percent (I NO) per annum aceruing from the date of such payment by the City until paid in full by 0L 2.04 Condition. 01-accepts the Easement Areas- in their "AS' IS" condition. The City makes no repr6sentation or warranty as,. to the condition of the Easement Areas and has. no obligation to maintain the Easement Areas, Except to the extent caused by the negligence or willful misconduct of the City or its elected officials, staiff. dmpioyees, agents, successors, 3 0 19 1.010053,1958:14.5- assigns, and repmsentativcs (collectively, -and including the City., the "City ere Y Parties"), Q1 h . b agrees that the City Parties shall ndt be liable for, and are her6by released from any responsibility. for, any dainage to property or injury to persons sustained by 01 or its. successMor assigns, or ony of its or their agents., representatives,,employpes, tenants, customers, guests, licensees or invitecs (collectively, and including 01, the "0I Parties') resulting froth. the use' or loss of use of the E asement. Areas., 2.05 Limitation of Liability. No City Party -shallbeliable to any 01 Party,.4nd no 01 Party shall -be liable to any City Party, and neither,the City Parties nor the 0.1 Parties shall be liable to any third party for any lost revenue, lost profits, lo�s cif technology, -rights or services, iticidental, puniOve, indire.ct or consequential damages, los ' s of dat.a, or interruption or loss of use of service, even if advised of the possibilityof 'such damages, whether under theory of contract, tort (includin negligence), stn-et.likbility or otherwise 9 in connection with or arising out of or related to the exi c cc, use sten pr loss.of use the Easement Areas. The terms of this Section 2.05 shall prevail in the event of any conflict with any other provision dthit Agreement. ARTICLE 3 MISCELLANEOUS PROVISIONS 1 1 3.01 Indemikirkation of the City. 01, for its6lf and its stiece9sors and asAignsi hereby agree& to indemnify, -defend, -and hold hatmle. ss the City Parties from and against any and all liabilities, obligations, injuries, losses,.darnagps, liens, expenses (including, but not limited to, reasonable at-tomeys' fees and cwrt costs., and costs of experts and vAtild3s6s), . claims, demands, actions, or cAus.es of -action of whatever kind -Qr nature -caused by or -arising out of or in connection"with any lbu or damage to property. or injury or death to persons arising out of or resulting. from (a) the acts or omissions of 01 on or ab.qui the Easement Areas. in connection with the exercise of -any rights under this Agreement by- 01; or (b) 01's breach of any agreement, covenant ' or condition coidained h0ein; dxcept in each instance to thd extent caWed by or arising ou; of the negligence or willful misconduct of the. City Parties. The. obligafi n to 10 indemnify hereunder shall include- the obligation to defend the City - Parties with counsel reasonably 4cceptable to the Oty, and to provide such defense without first requiring the City to undertake its defense or expend funds. Th-e- indemnity set forth hertin shall survive the tennioation of this Agreement and shall be binding, upon 04 its successors and assigns. 1 3.02 Insurance. At.01's expense, 01 shall maintaih a Policy or policiescif liability insurance covering 019s use of the Easement Areas in anamount of at least Two Million Dollars ($2,000,000) for each occurrence, with deductibks of -no more, than Fifty 711iousand D . ollars (M.9,000) for each -occurrence, -and na ming the City as an additional insured. From time to time, but not less fte4uently than once per year, 01 shall provide the City with evidonce reasonably satisfactory to the City. that 01 hasthe insurance coverage required by. this Section .3.02 and that the City is an additional ffisured thereunder.. Notwithstanding any provision of this Section' 3.02 to the contrary, 01 and its ebrporate affiliates shall be Permitted to self-inmw.c the coverage rqquired by this sect ' ion, and suiph other successors and assigns of.OI shall aW be permitted to self -insure with the prior written consent -of the City first bbtained .(Which consent shall not be 4 01-910/0053 185924;5 unreasonably, withheld or delayed). 3.03 lii�junctive RdffeE Inaddition to other rights and remedies hereun ' der or at law or in equity, and without linuMion. of any of the foregoingi each of the pmfts hereto shall be entitled to enjoineny breach or threatened 'breach by any other party hereto -of any covenant, erm .agreement, t , pro.vision, or condition hereof. 3.04 Binding Nature. This Agreement, and -all of theteTms and conditiolis contained herein, shall bind the parties hereto and their respective successors and as -signs, and shall be I deemed to run with the land and bind and inure to -the benefit of the City. Parcel, the. Additional 01 -Parcel and the Easement AMS. and a) I re8pective appurtenances thereto. 3.05 Severkbility. This Agreethent is intended to be performed in accordance with, and -only to the 'extent permitted by, applicable. law, If any provision of this Agreement, or the application theretolo any party or citcurnstante shall, f6r any- reMon and to any extent. be invalid or unenkrteable, sueb provision shall to that rmtmt be oinitted, and thC TCMaindet of this Agreement and the application of such provision to other persons or cirepnistances sha.0 not be affectod thbreby, but father shall be enforecid to the maximum extent permitted by law. 3.06 Relationship,, of the Partieg. Nothing contained herein shall be deemed or .construed by the. parties hiprreto.-Or by any third party,. as creating the relationship of principal and agent or of partnership or of joint venture betweezi the pardes hereto, it'being understood and -agreed that no provision contained herein, nor any acts of the parties hereto, shall be deemed to create:any relationship, between the parties hereto other than ther-relationship of easement grAntor and easement grahlec, 3.07 Captions. The -captions in this Agreement are for convenience only and shall not be deemed to bea pArt hereof' 3.08 Exhibits. Exhibits A-1 and A-2, B-I and B-2, C-1 and C-2, D-1 and D-2, and E- I and E-21 -are incorporkted herein by r4ference. 3.09 Attorneys' Fees. If th-e-City QuOlbri4gs any legal proccoding, in connection. with or arising out of this Agreement, or to interpret or enfo.rce any of the terms, covenanis or conditiong hereof, the unsuccesOul party in such proceediog.. shall pay the prevailing paily's costs and ex enscs, including reasonableattorne ' fees,. incurred in the bringing or defending of*.such . p YS proceeding. 3.10 Amendment Thi� Agreement may not be modified or amended -excep! by a written agreement duly -executed by the parti- es hereto pr.by their respective successors or assip,ns, as the case may be. 3.11 Recording. This, Agreement shall be executed in.recor-dable form and either party -shall have the ri& to record, at its expense, this Agreement among. the- Official Records of the County of Los Angeles,' State of California. 5 01910/00-53 185924.5 3.12 Inte.rprotation.. This Agreement shall be construed in 4ccordance with and governed by the laws of the State 6f California. Each party has participated in negotiating and drafiffig: this Agreement, so if an ambiguity or a. question of 'intent vr interpretation afises, this. Agreement is to be construed as.. if the parties had drafted it jointly, as opposed to being construed agaiiist a party because it Was rftponsible -for drafting one or more.provisidns of this Agreement. 6 0191010053-19594.5 The parties have:cxecuted this Agreement on the d0c set forth below. their signatures. CITY OF VERNON By: Lxonis C. Malburg, Mayor Approved As to.Form: By: JeffA. Harrison, City Anorney Date: OWF.NS--BROCKWAY GLASS CONTAINER.M. By: Its: Date: By: Its: Date: p W=101 1111911 DW 7 01910IMS3 1-95924.5 STATE OF OHIO SS: COUNTY OF WOOD The f9re-going - instrument was. acknowledged..before me this day of 2009, �y 3 the of Owens-Brozkway Glass. Container Inc., a Delaware corporation, on behalf of the corpoTatio—ii. Notary Public STAMOFCALIFORNIA )SS. COUNTY bF LOS ANOELES ON 20 BEFORE ME, PUBLIC, PERSONALLY APPEARED A NOTARY WHOPROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON WHOSE NAME IS 8UBSCRIBED TO THE WITHIN INSTRUMENTAND AckNOWLEDGED 1*0 ME'THAT HE EXECUTED THE SAME IN HIS. AUTHORIZED CAPACITY, AND THAT BY HIS SIGNATURE ON THE INSTRUMENT, THE PERSON. OR THE ENTITY UPG N. 4 BEHALF017 WHICH THE PERSON ACTED, E)MCUTED THE' INSTRUMENT. I CERTIFY UNDEXPENALTY OF PERJURY UNDER"THE LAWS OF THE STATE OF CALIFORNIA THAT'THEFOREGOING PARAGRAPH IS TRUE'AND CORRECT. WITNESS MY HAND. AND OFFICIAL -SEAL (Notary. -.Signature) (NOTARY SEAL) P1.13MM JUL I Will I I -A,'1210 8 01910/0053:125924.5 EXHIBIT "'A-1 " CITY PARCEL Legal Des-oription THAT PORTION OF LOT 90,' *OF THE SOO ACRE TRAcroF 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, PAGES156 AND 157 OF MISCELLANEOUS RECORDS, AND ALSO BEINGA PORTION OF PARCEL 2AS SHOWN ON RECORD OF'SURVEY FILED IN BOOK 191, PAGE 2.0 OF RECORDS OF SURVEY, BOTH, IN THE OFFICE OF THE CbUNfY RECORDER OF -SAID. CO UNTY, WITHIN THE FOLLOWING DESCRIBED PARCEL OF LAND.- -COMMENCING AT THE, SOUTHWEST CORNER OF SAID PARCEL 2, AS SHOWN ON SAID RECORD OFSURVEY, THENCE., N'QRTH 00*07'1-2" WEST, 14.00 FEETALONG THE WIEST LINE.OF 'SAID PARCEL 2TOTHE TRUE POINT OF BEGINNING FOR THIS- DESCRIPTION; THENCE, SOUTH 8T58'55- EAST, 83.55 FEET; THENCE, NORTH 0*01'05" EAST, 14.33 FEET, THENCE, SOUTH -W58'55P' EAST, 2%19 FEET-.; THENCE, NORTH 0-01-05't EAST, 16.94 FEET,' THENCE; SOUTH -89'59$5" EAST, 60;67 FEET; THE NCE,.-SOUTH. 0`01105" WEST., 9.. 27 FEET; THENCE, SOUTH 89*58'55" EAST, 32.30 FEET, THENCE, SOUTH W01'05- WEST, 16.00 FEET� THENCE, SOUTH 99058'55" EAST, 184.38-FEET; THENCE, NORTH 0-0.7�12" WEST, 2.68 FEET; THENC E, SOUTH 89'5.8'55" EAST, 11i00 FEET, THENCE, NORTH 0OR07'12- WEST, 116.73 FEET PARALLEL WITH THE WEST LINE OF SAID PARCELZ; THENCE, EAST, 34.40 FEET; THENCE, NORTH 00'0712" WE5T, 161.15 FEET PARALLEL WITH THE WEST LINE OF -SAID PARCEL 2, TO A POINTON THE NORTH LINE OF SAIL) PARCEL 2; THENCE,. WEST, 415A7 FEET ALONG THE NORTH LINE OF SAID PARCEL 2 TO THE BEGINNING OF A TANGENTtURVE., CONCAVE SOUTHEASTERLY, HAVING A RADIUS -OF 20.00 FEET; THENCE, SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 9VOT12", AN ARC LENGTH Of al.46 FEET TO A POINT ON THE WEST LINE -OF SAID PAIRCEL 2; THENCE, SOUTH 00'07'1-r'EAST, 266.39 FEET ALONG, 5AID WEST LINE TO THE TRUE POINT OF BEGINNING. Prepared by: Douglas Boynton., PLS478-7- ffooUmm A. BOYN" Dulin and BO.ynton EXP. 310UP 10 LS_ 719'E. Willow Street L& 4.757 Signal Hill, CA 9.0755 c k C (56Z) 42'6;.6464 '1, 4V Lij bo 0 M 0 0.cd (DA0 E0 EXHIBIT "Ai-211 CITY PARCEL Sketch to Accompany LeMl Descriptio EAST 50th STREET t2l 1981.41- FRUITLAND AVENUE 5calr, I"= goo, KI.Q. t16, 145 $;Q. FT. 2. 66r2- -AC, NOTES: PAR-CEL5 1, 2, 3 AND 4 REFER TO U00R.D.Off 5URVEY FILED IN E�OOK 191 PAGE.2o dF RE-coRD5 Of5URVI!YA5,DDCL)Mff-NTNO.04-25i5ll4.5. 15 "PROPERTY IN QUE5TIOW AS DF!5C-Rf5F-D IN EXI IBIT `A- I" N;A.P. 15 "NOT APART" W,r lu z b Uj 0 > z w -J MI. >- 0 IM N15757'8��-WW LINE TABLE LINE LENGTH BEARING Ll 14. U.0 HOW 07- 12' W LE.- SL55 SGT 58- 55-- E —0 11.33 NOW 01'.05- E IM 19 SG;9- '58- 35- E __.h4 LS 16-1)4 N0010VOWE L6 '$YLT ZO-Mb E L71 .9,271 SCHY D V.05-W L8 38:30 .889* 58' 56' E L9 I - "I 266- W 05' W LiO I - _Ll 1 11.001 SO.' Rj- IS: E DOUGLAS A. P*YfiTON Exp. 30 so la 6,. t.S. 4718F7 JZ� —1 EXHIBIT VIB-4 is 0-1 PARCEL Legal Description THOSJE. PORTIONS OF LOT 10 AND LOT 31, OF THE 500 ACRE TRACT OF THE LOS.ANGELES FRUIT LAND ASSOCIATION, IN THE CITY-0 F VERNON, COUNTY'GF LOS ANGELES, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 3,. PAGES 156 AND 157 OF MISC ELLANEOUS RECORDS, AND ALSO BEING A PORTION OF PARCEL 2 ON RECORD OF SURVEY F1 LED IN BOOKi 191, PAGE 20 OFRECORDS OF SURVEY, 60TH IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:. BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 2jAS, SHOWN ON SAID RECORD OF SURVEY, THENCE, NORTH 00007'12" WESL 14.00FEET ALONG THE WE9T LINE OF SAID PARCEL 2; THENCE, SOUTH '99*58'5-5' EAST, 83.55 FEET; THENCE, NORTH Wolvvl EAST, 14.33 FEET;THENtE, SOUTH 0'5055" EAST, M.19 FEEt THENCE, NORTH 0*01'05" EMT, 16.94 FEET, THENCE, SOUTH 89'58'55" EAST, 60.67 FEET; THENCEj SOUTH 0*M'05'WEST, 9.27 FEE . T; THENCE, SOUTH 89-58�55" EAST, 32.30 FEET, THENCE, SOUTH 0,101,05" WESTO 1.6.00 FEET;.THENCE, SOUTH ' 89�5'8!55" EAST, la4.38 FEET; THENCE, NORTH 0*07-12" WEST, 2.68 FEETjHENCE, SOUTH 8Y'58'55` EAST, 11.00 FEET, THENCE� NORTH W07'lr WEST, 115.73. FEET PARALLEL.WITH THE WEST LINE OF SAID PARCEL 2; THENCE,.EAS-T) 34.40 FEET; THENCEj NORTH 00'07'22"'WIEST, 161.15 FEET PARALLEL WITH THE WEST LINE OF SAID PARCEL 2, TO A POINT ON THE NORTH LINE OF SAID PARCEL 2; THENCEJAST, 457.72 FEET ALONG SAI D NORTH LINE TO THE. NORTHEASTCORNER OF SAID PARCEL 2; THENCE, SOUTH o0t5'a6" EAST, 500.71 TO THE SOUTHEAST CORNER OF SAID PARCEL 2;THENCE, NORTH 89*58-055" WEST, -893.04 FEET ALONG THE SOUTH. LINE OF SAID PARCEL 2 TO THE TRUE POINT OF BEGINNING. Prepared by- Dooglas Boyntov, PLS-4787 [Y.MM" A. DOW" Dulin and Boynton XP. 30 SEP 10 729 E. Willow S.tmpt L& vv Signal Hill, CA 90755 (562)-426-6464 III-- w w ME Z 0 od tc EXHIBIT "13-2" 0-1 PARCEL Sketoh to Accompany Legal Description EAST 50th STREET �0� Ig8l.41,- FRUITLAND AVENUE 5"Ic 1 2001 1 5e,:221 SQ. FT. 3. 49S AC. NOTE5: PARCEL5- 1, 2, 3- AND 4 REFER TO R-MORD-Of SURVEY rl LED IN BOOK 1-91 PAGE -20 OF RECOKD5 E45T W z W z > w _j wo m M89-rg i5-W LINE TABLE LINE LENGTH HEARING Ll 14.00 N00107, ialw tE 8.3.55 Sa-9138,55,E Q NOW oil 051E ... k4 29.19 S89*581551E L-5 16.94 MY a 1, 05. E L& 60.67 S89*38'55'E L7 9.271 -300*01`051W L13 32.301 S851581-551E L9 16.00.. Mir u V MIN =0 E� 9111-11 0r 12, w L11 I i a' W 551E OF 5URVEY A5 DOCU.Mr-NT NO. 04-25-61149. LAN P-I Q. 15 'PROPERTY IN QUE5TION" A-5 I)E5CPf5ED- IN EXMI131T `15- 1 Ova" A. ON N.A.P. 15 "NOT A PART" EXP. 30 UP 10 4787 C. EXH I BIT VIC4 go ADDITIONAL.0-1, PARCEL Legal Description THOSE PORTIONS OF LOTS 30 AND 11, OF THE 500 ACRE TRACT OF THE LOS-ANGELESFRUIT LAND'ASSOCIATION, IN THECITY OF VERNON, COUNTY OF LOS -ANGELES,. STATE OF CALIFORNIA� AS PER MAP RECORDED IN BOOK 3, PAGES 156 AND 157 OF MISCELLANEOUS RECORDS, ANU ALSO SHOWN AS PARCEL 3 AND PARCEL 4 ON RECORD OF SURVEY FILED IN BOOK 1.91, PAGE 20 OF RECORDS OF �URVEY, BOTH IN THE bVFItE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWW CORNER OF SAID' PARCEL 3, AS SHOWN ON SAID RECORD OF SURVEY, THENCE� SOUTH 89-58-W EAST, 62037 FEETTO THE NORTHEAST CORNER OF SAID 'PARCEL 3, SAID POINT ALSO BEING THE NORTHWEST CORNER OF"SAID PARCEL 4; TH ENCE, SOUTH 84,58'55.4- EAST., '560.37 FEET TO -THE NORTHEAST CORNER OF SAID PARCEL 4; THENCE, SOUTH 00905-06- EAST, 291.50 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 4; THENCE, NORTH 8958,'55" WEST-660.28 FEETTO THE 5OUTHWEST CORNER OF SAID PARCEL 4, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF SAID'PARCEL 3;. THENCE, WESTERLY ALONG THE SOU-THERLY LINE OF SAID PARCEL 3, NORTH 89958'ssn WEST, W0.31 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 20.00 FEET, THENCE. NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF89-51-43-, AN ARC LENGTH OF31.37 FEET 70-A P.01INT-ON THE WEST LINE OF -SAID PARCEL 3; THENCEJANGENTTO LAST MENTIONED CURV.E, NORTH 00'07'12- W�-ST, Z71�5.5- FEET TO THE POINT OF BEGINNING. Prepared by: J)oi�jglas )Aoynton, PLS47t7 WUMJM 06 NOY Dulin and Boynton EMP 30 Sep 10 729 E. Willow.9tTeel Lz 4787 Signal Hill, CA 90.755' (562) 426-6464 uJ uj! .0 1�_ -, 0 EXHIBIT N'C,2111 ADDITIONAL 0-1 PARCEL Sketch to Accompany Logal DescriRtion EAST 50th STREET A'79 6ZI WT FRUITLAND- AVENUE 1 2.00' Q 373, 2-24 SO, FT. S. 56B ACI NOTE5: PARCEL5 1, 2. 3 AND 4 REFER TO RECORD Of SURVffY F1 �M IN E300K 1 *91 PAGE 20 OF KffCORD5 I UNE "ABLE LINE LENGTH BEARING Ll 14.00 NDD'07*12'W t-4 .0--as 5v 55. L2 14.33 1 05' F. L4 a9. 19 se"9. E LB lfh tJ4 NO . L6 610.67 swr us, 55, E L7 30 soul air-1551E it off ff ; a I I LIOJ . M- 6-a - __ - "Mma "0 1 " V luff—1 1, Go 'Of 5URVEY' A5 DOt LJMffNT NO. 04-?_!5i5j149. tA 1 P.W. 15 "PROPERTY IN QUE5TION" A5 DE5CRIMV IN EXH I BIT `C - I DOUGLAS- A. W�NTOM N.A. P. 15 "NOT A FART" Ex I P. so SEP so L.S. 4787 w 1z w z > 4c w J 0 EXHIBIT I'Dmlwv Fire Access Easement Legal Description THAT PORTION OF LOT 30, OF THE 500 ACRE TRACT OF THE LOS ANGELES FRU - IT LAND ASSOCIATION, IN THE CITY OF VERNON, -COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PE.R MAP R.ECORDED IN BOOK 3, PAGES 156 AND 157 OF MISCELLANEOUS RECORDS " AND,ALSO BEING A PORTION OF PARCEL 2 AS SHOWN ON RECORD -OF SUR VEY FILED IN BOOK 191, PAGE 20 OF RECORDS -OF SURVEY, BOTH IN THE OFFICE OFTHE COUNTY RECORDER OF SAID COUNTY, WITHIN THE FOLLOWING DESCRIBED PARCEL OF LAND; COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 2, AS SHOWN ON SAID RECORD OF SURVEY, THENCE, NORTH 0.0;'07'12" WEST, 14.00 FEET ALONG THE WEST UNE OF SAID PARCEL2 TO'THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE, SOUTH 89*5,W55" EAST,83.5.5 FEET;.THENct NORTH 0`01'051" EAST, 1-4.35 FEET� THENCE, SOUTH 89-58-55" EAST, 29.19 FEET; THENCE, NORTH WOOS" EAST, 16.94 FEET; THENCE., SOUTH:89"58'55." EAST, 60.57 FEET; THENCE, SOUTH .6*01'OS" Wt$T, 9.27 FEET; THENCE, S89'658'55"E, 3230 FEET; THENCE, SOUTH . 00"01'05" WEST, 16.00 FEET; THENCE,.SOUTH 8.9'58'55" EAST, 184.38 FEIET, THENCE, NORTI-1,0q07,12" WEST, 2.68"FEET; THENCI� SOUTH &58'55" EAST, 11.00 FEET; THENCE, NQRTHb0*(!7'I27-WEST, 116.73 FEET PARALLEL WITH THE WEST LIN ' E OF SAID PARCEL 2; THENCEJAST, 3.4.40 FEET; THENCE, NORTH 00`6712" WEST, 161. IS FEET PARALLEL WITH THE WEST LINE OFSAID PARCEL 2, TO A POINT ON THE NORTH LINE OF SAID PARCEL 2-; THENCE, WEST, 415A7 FEET ALOWtHENOATH LINE -OF SAID PARCEL 2 T 0 THE BEGINNING OF A TANGENTItURVE, C ' ONCAVE SOUTHEASTERLYj HAVING A RADIUSOF 2Q.00 FEET;THENCE, SOUTHWESTERLY ALONG SAID CURVE, THROUQH A CENTRAL ANGLE OF 90'07'12"� AN ARC LEN - GTH OF 31.46 FEETTO A POINT ON THE WEST LINE OF -SAID PARCEL 2, THENCE, SOUTH 00-0-712- EAST, 2 . 66.3.9 FEET ALONGSAID WEST LINE TO THE POINT OF BEGINNING. FIRE DEPARTMENT ACCESS ROAD EASEMENT SE(31NNI.NG..AT THE SOUTHWEST CORNE9 OF SAID PARCEL 2j,AS-S.-HOWN ON SAID RECORD OF SURVEY, THENCE, NORTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL Of LAND, NORTH 00-07Al2" WEST, 29.57 FEET; THENCE, NORTH 65-5.0'06" EAST, 99,49 FEET TO TH E BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY, HAVING A 'RADIUS OF 59'.'00 FEET; THENCE, EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24'10'59", AN ARC 'LENGTH OF 24.90 FEET, THENCE, EASTERLY PARALLEL WITH THE SOUTHERLY LINE OF SAID PARCEL OF.LANDj SOUTH g9a5g,55,, T, 222.26 FEET TO THE BEG I NNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING -A RADIUS . EAS OF32.60 FEET; THENCE, EAMIRLY XONG SAID,CURVE� TH ROUGH A CENTRAL ANGLE OF 291"52 V-.0", -AN ARC LENGTH OF 16.68. FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE WESTERLY, HAVING A RADIUS'OF 32.'OOFEET,THE RADIUS POINT OF SAID- REVERSE CURVE 135ING 32.00 FEETWIESTERLY, MEASUREDATRIGHT ANGLES, TO-TH E EASTERLY LINE OF SAID PARCEL OF LAND, A RADIAL LINE FROM SAID RADIUS POINT BEARS NORTH 29*50'55" WEST.; THENCE, EASTERLY ALONGSAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 266"10'39",'AN ARCLENGTH OF 14�.66FEETTOTHE BEGINNING OF A REVERSE WRVE, CONCAVE SOUTHWESTERLY, HAVINGA RADIUSOF $2.00 FEET, A RADIAL LINE TO SAID POINT BEARS. SOUTH 56-19-44" WEST, THENCE, WESTERLY ALaNG LAST MENTION . E0 REVERSECURVE THROUGH A CENTRAL ANGLE OF 56-&19'39", AN ARC LENGTH 31.45 iFEET To A POINT OF TANGENtY WITH A LINE 27.00' -SOUTHERLY-, M EASURED AT RIGHT ANGLES, FROM THE ABOVE DESCRIBED CQURS.� AS HAVING A BEA9ING OF SOUTH 99-58 '55" EAST; THENCE, PARALLEL WITH SAID -COURSE, NORTH 89058'55" WEST, 2001.08 FEET TO.THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 32.0.0 FEET; THENC - E ' SOUTHWESTERLY ALONG. SAID ..CURVE THROUGH A CENTRAL ANGLE OF 24610'59", AN ARC. LENGTH OF 13.51 FEET; THENCE, SOUTH.65'50'06" WEST, 111.54 FEETTO THE POINT OF BEGINNING. Prepared by: DOUGLAS A. GOW" DoOgfts: Boynton, PLS. 4787 D'ulin and B.uynwn rxr. 30 SEP 10 e (%2).426-6464 '04 L3. 4787 161. cm .0 cc cw LLJ Q 7-3 LM 0 LL Z 4 N6.0 pi w -i to 0 m M. <1 CA Lr) U V.) C11 In w > -iu Z, & - ' in U cu fu cu WY cui %a 0 al Ln (n 14- Z 0 Ln rn V,7 PR Lij W b �j . &, - -j cp 0, 0 to 4Q Mo oz Ln V.Tu. a 0 m LLJ 0 Z rug, cummo— t--4 —j cu w —j cn z w lio I 82. (7, 2,68" Lo To Lo ww 16.00 -9.27' so VWW P)ZO to to U- _0 In -1 or. NOO*01" cm V) 0- LLI im 0 q vg Lou Q 9 Am ca. ol S00*07412"f- N p C3 �z q SOTO STREET EXHIBIT 'vE-1 11 No Build Easement Area Legal Description THAT PORTION OF LOT.30,-OF THE 5DO.ACRE TRACT OF THE LOS ANGELES FRUIT LAND ASSOCIATION, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, A$ PER MAP RECORDED IN I ROOR 3; RAGES156 AND 157 OF MISCELLANEOUS RECORDS, AND ALSO BEING A PORTION OF PARCEL 2 AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 191, PAGE 2100F RECORDS..OF SURVEY, BOTH I N THE OFFICE OF THE COUNTY RECORDER Of SAID COUNTY, WITHIN THE FOLLOWING DESCRIBED PARCEL OF LAND: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 2, AS -SHOWN ON SA16 RECORD OF SURVEY, THENCE, NORTH 00.07-12" WEST, 14.00 FEET ALONG THE WEST LINE OF SAID F�ARCEL 2 TO THE TRUE POINT OF, BEGINNING FORTHIS DESCRIPTION; THENCE, SOUTH 89'5V55" EAST, 83.55 FEET, THENCE NORTH Cftl'.05" EAST, 14.33. FEET; THENCE, SOUTH 8505-9'55" EAST., 29.1.9 FEET; THENCE, NORTH OvIOV65" EA%T, 16.54 FEET, THENCE, SOUTH 99- . 59'55" EAST,.00,67 FEET- THENCE, SOUTH 0'01'05" WE ST, 9-17 FEET, THENCE, S89"S.855"E,52.30 FEET, 4THENCE� SOUTH 06'01'05" WEST, 16.00 FEET, THENCE F SOUTH 5958�55" EAST, 194-38'FEET; THENCE, NORTH 0?07'12" WEST, 2.68 FEET; THENCE, SO ' UTH 89"58155" EAST, 11.00 FEET; THENCE " NORTH 00407'12" WEST, 11-6.78 FEET PARALLEL WITH THE WEST LINE OF SAID PARCEL 2; THENCE, EASTf 34,40 FEET.; THENCE, NORTH 0.0-07!12- WEST, 161.15 FEET PARALLEL WITH THE WEST LINE OF SAID PARCEL 2, TO A POINT ON THE NORTH LINE Of SAID PARCEL 2; THENCE., W EST 415.47 FEET ALONG TH E NORTH LI N E OF SAI D PARCEL 2 TO TH E B EG I N N I NG OF A TANG ENT CU RVE, CO N CAVE SOUTH EASTERLY,. HAVI NG A RADIUS OF 20.00. FEETJHENCE, SOUTHWESTERLY ALONG SAID -CURVE, THROUGH A CENTRAL ANGLE OF 90'07*12", AN ARC LENGTH OF 31.46 FEET TO A POINT ON THE WEST LINE OF SAID -PARCEL 2," THENCE, SOUTH 00-0.7-12-- EAST, 266.3.9 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. NO-6UILD AREA THE SOUTHERLY 43.00 FEET -OF THE WESTERLY 401.11 FEET Of SAID PARCEL 2 OF RECORD Of SURVEY FILED IN BOOK 191, PAGE -20 OF RECORDS OF SURVEY, -AS MEASURED AT RIGHT ANGLES FROM THE SOUTHERLY AND WESTERLY LINES OF SAID PARCEL 2. THE ABOVE DESCRIBED NO -BUILD AREA AFFECTS 9,219 51Q�q, 0.212 ACRES, OF THE ABOVE OESCRI BED PARCEL OF LAND. Prepared by., DOMM A. BOYWM Douglas Boynton, PLS 4787 'A Lt.o 4787 Oulin and goynton. (�62) 42.6-6464 c 0 (n Lm CIQ 'W ui ui, 3: X. Ul r: 0 UJ M ol z 0 tq Ile 116.7S N00*07'12"W 2.4�- N 3rjjj� OO*07'12"W U- N S00*01,05"W Ml C4 to - DI 00 d p in, Z A JOB 0 8 1 U- 0 16A 4 7: Q ui NW*01'0'EL E N0.010V06"E w co LLJ OD. SOOV712"E C3 40 I SOTO STREET EXHIBIT "D" SELLER'S DEMO CONTRACT WITH ADDENDUM P.�8110111110111 %320 05�GffiFW1616.WC Initials ---------- ------- 12 PAGE Initials The terms of this Addendum (the "Addendum") are hereby made a part of -the. Regulated Building Materials Abatement and Demolition Agreement CAgreemenl") between Owerns-Brooftay Glass Container Inc. ("Owene) and CST Environmental, Inc. (11CST0.). The Agre6ment consists of. Regulated Ruilding Materials Project Manual; Building #70 Demolition #23 Vernon, dated JOly 2, 2008; Bid Proposal ForM dated July 17, 2008; letter from CST Environmental, Inc. to OW hs Brockway dated October 14, we 2008, and Exhibit A — Project Requisition dated October 14, 2008. In the event of conflict between the Agreerrient and this Addendum, -then notwithstanding any other provigion of the Agreement to the contrary, the terms of this Addendum shall control. Together, the �greement and this Addendum are refe ' rred to as the: "Contract". CST acknowledges that the project site described in Exhibit A-1 to this Addendum ("Project Site") has been sold to the City of Vernon, California ("City") for land value, with the land being dellvere'd to, the City'With the demolition of the building and th6 remediation of the Project Site completed. The City and Owens have agreed that the demolition of the: building ..and remediation could be perfon-ned after the closing. The demblition and remediation are to be performed in aoc'ordance with the Agreement, as am -ended hereby. 1.. General Requirements-. Upon re.ceipt.of the certifirater oj insurance described Para —graph 7- below, CST shall helve a revocsible license to enter the Project Site to perform the Demolition Work (as defined below) and the Remediation Work (as defined below) in aocordance with the terms of the- Contract. Prior to its first entry. for purposes of performing the CST's Work (as defined below), CST shall provide" not less than 48 hours prior notice of its intent to enter onto the Project Site, as follows: For the fi'rst entry for Demolition Work (a% defined below), notice shall be given to Kevin Wilson by telephone at 323-683-8811 or by email at kwilsonaci.vemon-ca.us; for the first entry for Remediation Work -(a.s defined below), notice shall be given to Lew Pozzebon by telbphoh6 at 323-583-8811 or by email at loozze bon 0xi.vernon. qg.us, All notices shall be. given on, Monday through Thursday (excluding holidays). CST"s 'Work (as defined below) may be performed on any day, including Friday$ and weekends, exceipt that if any activity to be performed requires the inspection or approval of the City of Vernon (in its role as a municipality, 04. not as an owner) or involves significant sampling, such work. shall be performed on Monday through Thursday (excluding holidays) unless, upon request, the-C! ty of Vernon agrees that s uch work may be performed on Fridays andweek-ends. Owens shall also deliver -to the City, On a weekly- basis, a proposed schedule that identifies the nature and soope of CST's W" ork anticipated to be performed that week, time frames, and sampling eventt;, if,applicable, to allow the City to be on site if desired. The license granted hereunder may be revoked should CST breach or default u nder the Contract and the same is not promptly -cured. Demolition Work. CST shall perform the demolition work described in the Cdntract ("Dernolitibn Wbrk") on -the Project' Site.. CST shall not dornmence the 01-0010.053 i&764:2 01216100.63 M847.4 Demolition Work until CST has received perm its from the City of Vernon Building Department. The Demolition Work shall specifically include the folloWng activities: a. All manmade items,structures and buildirigs, including footing(s and foundations, shall be. removed from the Project Site; provided, however, that. where foundations extend deep. below the surface, the portion of the foundation or footing'that is more than 10 feet below grade May be left in place. Where such foundations or footings are left in place, CST, shall retain a land surveyor to record a covenant indicating the location of the buried object. The base or floor of anyfoundation left in placeshall, where necessary, be broken up to provide appropriate'drainage, b. After removal of all structures as provided herein, the Project Site shall be left level, -with :any holes filled -with clean soil. The surface shall be graded so that surface drainage shall be in the -direction of aojacent public streets or adjacent railroad property and in compliance with NPDES requirements. Clean soil from the Project Site may- be used. as, fill for any voids. If there Js hot sufficient -clean soil on -the Project Site for thit purpose, clean imported soil it to be used for fill. I No crushed material may be used as fill. All fill, material is to be compacted to a relative compaction of 90%. Crushed material from the Project Site may be used 'solely to cove. r the site with a two to three inch layer of crushed material, spread over the site and compacted to a minimum of 90%. All asphalt and all other crushed materials are to be removed from the Project Site. Any excess soil on the Project Site after leveling shall be removed. The Project Site shall be kept secure at all times, as further described in, Paragraph 9 below. The terms of this Paragraph 2..b. control over any contrary provisions in -the October 14, 2008 letter from CST in which CST states that "all of the' crushed material will be considered clean fill." Q. Upon the completion of the Demolition Work., CST shall obtain the approval of the Git y's Department -of Community Servieft rGommunity Servicesq) for the completion, of sold work and the satisfaction of this requirement. 3. RemedJation Work. CST shall perform the re.mediation work described in the Contract ("Remedlaition Work") on the Project Site. The Remediation Work shall speciffdally includo the following activitilLus... a. CST acknowledges that the Remedlation Work shall include the removal and disposal of all. hazardous materials that may be in, about or around the. Project Site, including without limitation, lead-:besed palint and asbestos. containing materials ("ACM") to the, levels reasonably below those set forth in the United St . ates Environmental Protection A ency Regional Screening Levels for Chemical .9 Contaminants at Super Fund Sites, 2008, utilizing the appropriate screening levels that -are protective of industrial soil, industrial air and ground water. The. demolition, remov I and disposal of all such hazardous materials, including all lead -base(! points, PCBS, PCB light ballasts, mercury containing switches, and ACM, shall be performed in accordance with the provisions. set forth in the Contract, including with -out limitation Paragraph 4 below. If previously uhidentified hazardous are en0ountered -2- 0191010053 1951147.4 during demolition, CST will notify the City of Vernon Health and Environmental Control Department C'HeAlth DepartMerit") and Owens. Owent, shall be responsible for the preparation and submission of an appropriate work- plan to. remove the material. The work pie ' n shall be sub ' mifted to the Health Department for its review and approval, which approval shall not be unreasonably withheld or delayed. Owens shall be responsible for providing confirmation sampting of the removal and CST shall complete ,its Demolition Work and Remediation Work in the meantime to -the extent practicable. Owens -shall be solely responsible for the, cost of developing the work plan and remediating the previously unidentified h�zardoug materials. b. All contaminants, including contaminated soil, shall be removed, in accordance. with and to the degree required by the terms of the Contract. Q. Upon the completion of the R emediation Work, CST shall obtain a certificate of closure, if one is required, issued by the Health Departm. ent% as evidence of the satisfaction of this requirement. If a certificate of closure is not required, CST shall obtain the �approval of the Remediatibn Work by the Health Department in 'accordance with the terms of the Contract. 4. Performance of CST's Work. The Demolition Work, Remediation Work and all other -work to be performed by CST under the Contract is:pollec.tively referred to in this Add , endufn as "'C.Srs WorW'. CST agrees that the following requirements shall apply to all CST's Work: a. All of CST.s Work is to be conducted in a clean, safe, prudent manner, in -accordance with indutitry standards and In accordance with a.11 applicable laws, including Without limitation, laws regulating the handling, transfer, storage, and disposal of all Hazardous. Substances (as- - that item is defined in California Health and Safety Code Section 25316). CST shall perform all -of - CST's Work in accordance.with the terms of the Contract. CST shall promptly pay all subcontractors and mat0rialmen in full. and not permit or suffer any lien to attach to the Project Site and shall have no authority or power, -express or implied, to create or cause any lien, chaege or encumbrance of any kind against the Project Site. CST shaTtimely and properly obtain all permits, licenses i§nd approvals rouired from all govbrnmental entities for the performance of CST's Work. kno ed b. CST represents and warrants to. Owens thatCST is competent and wl geable in industribl demolition and in removing and transporting Hazardous Substances. For purposes of applicable law., CST shall name Owens as the responsible party on all manifests, -licenses.. and documents regarding the storage., release, and transfer of Hazardous Substances removed by CST as part of' the Remediation Work, and'shall 1.1st Owens on all manifests at -the landfill site -as the responsible party for said substance. CST shall provide -the Health Departmen I twith a final report confirming its activities., and proper management of wastes as part of the Remediation Work, together with such additional information as.. the Health Department may tequir6. -3- 019"10/0053 1959474 C. CSTsha ' 11 provide the Health Department with.a final report setting forth the identity and quality of materials recycled by CST and by any subcontractor, together with such ad.d.itional information relating to the.Demolition Work as the Health Department may require. 5. Corrigletion of GST's_��. CST shall complete CST's Work by the date that is one hundred twenty (1120) calendar days after the closing of the sale of the Project Site to the City ("Completion Date"). Completion of CST's Work -shall mean that: I a. As to -the Remediation Work, the Health Department shall have issued a Closure Certificate, if one is requited, or shall have otherwise have approved the Remediation Work as described in Paragraph 3.c. of this Addendum. b. As to the Demolition Work, Community Services shall , have approved the Demolition Work. 01 As -to allof CST's Work, CST shall have delivered to Owens full and cqmple - te. rriechanic�s and materialmen's lien reieases for all Contractors and subcontractors perform. ing CST's, Work or proViding materials for CST's Work. 6. Site Hazard$. CST acknowledges that the. prior and ongoing remediation qnd'demolitiDn on the Project Site creates ce . rtain hazards on the Project Site, including, without limitation, possible release of particles and dust, possible holes or trenches on the Project Site, possible unstable structures on the Project Site, -and other possible hazards that could res.ult from remediation or demolition on. the Project Site ("Hazards"). CST also. acknowledges that CST's Work has inherent risks in addition to those identified as known or suspected Hazards and. will ensure that GST and its employees,. agents, and subcontractors '(collectively, the "Contractor Parties") apply appropriate safety precautions. CST shall deliver to Owens a copy of the CST work plan that shows -or descri ' bes'the locations at which CST ihtends to conduct borings or undertake other invasive work. CST, for itself, its officers, directors, shareholders, and, others entering. onto the Project Site at the request of CST, hemby roleases the City, its elected officials and staff, and OWehs, its officers and staff, and their respective employees, representatives and agents (collectively, the 'Owner Parties"), from all -claims, actions,. losses, dama , ges, Injuries, costs and e*xpenses (including, Without limitation, reasonable attorneys' -fees and costs, and costs of titigation, including costs of experts and witnesses), I including all claims of illness, injury, death,. or property dama ut ge, arising o of or resulting from the entry onto the Project Site. or the performance of any work thereon by any Contractor Party. 7� Insurance. Prior to 6ritefing onto the Project Site, CST sha.11 comply with the Insurance Requirements attached hereto as Schedule 1, including Exhibit "A" to the Insurance Requirements,. Al.' I insurance required herein shall be by companies duly lidensed or admitted to transact business in the State of California, and maintaining during the policy term a "General Policyholders.- Rating" of at least B+, V. as set f6rth in the most curfent issue of "Bests Insurance Guide". CSTand the Contractor Parties -4-- . 01191OM-53 195947-4 shall not do -or permit to be done anything which invalidates, the required insurance policibs. CST shall, pdor to entering the Project Site AlloVing any Contractor Parties to enter the. Project Site), deliver to the City and Owens certificates evidencing the existence and amounts of the t6qyired insurance (including the Declaration Page and Schedule of Forms of Endorsement). No such policy shall be cancelable or not - renewed except after 30 days prior written notice to the City and Owens. CST shall furnish the City and Owens renewal certificates within 10 days prior to expiration as evidence of renewals. Such policies shall be. for a term of at least one year 8. Indemnification, CST shall protect, defend, indemnify and hold harmless the Owner Parties, and each Of them, jointly and severally, against and from any and all claims. ' demands, causes of action, damages, costs (including, without limitation, all costs. and expensee. of defense, such as consult.W� and expert witnesses, and reasonable attorneys' fees), expenses, losses and liabilities (collectively, a. "Loss"), at. law or in equity, of every kind or nature whatsoever, including, but not limited to, ihjury 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 (a) the entry upon the. Project Site by CST or* any of the Contractor Parties; (b) any claims arising out of CST's Work (including, without limitation, claims related to injury, illness, or death, damage to property, or the removal, transfer, storage, or disposal of Hazardous Substance$� and (q) claims asserted against the Owner Parties as a result of the existence, of the landfill at which Hazardous Substances from the Property are disposed or the disposal of the Hazardous Substances from the Property at such site; providedi however, CST shall not beIiable for any Loss to the extent caused or resulting from the gross negligence or� willful misconduct of the City or Owens. or the Owner- Parties. The indemnities set forth herein shall survive the termination of this Contract. 9. Security. During thl� performance of CST's Work, CST shall maintain security at the Project Site, at CST's. -sole cost: and expense, including without limitation, security trice or other enclosure during Oemolition. CST shall, if reasonably necessary in terms. of conditions at the Project Site, retain a security guard at the'Project. Site during the performance of CST's Work, During the performance of CST's Work, CST shall have sole liability for conditions 'at the Project Site and securing the safety of personsand property. CST hereby. releases Owner Parties from any claim for any loss, 1heft, damage, or injury to person or property occurring on, at,. or about the Project Site du(ing the performance of CST's Work. 10. RevDcation of. License. Notwithstanding the term. of this Contrac the license granted to CST heroin shall. be revocable in whole or in part by Owens upon notice from Owens to CST that CST has failed to comply with any material provision of this Contract if such default is not cured withih one day folIGM6 ng delivery of notice of default. The revocation of the license granted herein shall in no way prejudice any of the rights and remedies available to Owens at law.or in -eqpfty-. If the license granted herein is cancelled CST shall promptly cease all work at the Project Site and repair any damage done to the Project Site by CST and the Contractor Parties, at csrs sole cost and expense. Notwithstanding -anything set forth in the Contract CST shall not be MRVOW 195947A required to re -construct any portion of any improvement on the Project Site that was demolished or partially demolished by CST as part of CST?s Work. 11., Miscellaneous. In the event either party hereto brings suit to enforce the terms of this Contract or on account -of breach hereof, the party not Prevailing in such, suit shall pay any and all costs and expenses incurred by theother party in'such suit, including, without limitation, court costs and attorneys' fees. This Contract sets forth the entire agripement of -the parti6s With retpddt to the -subject matter hereof and supersedes all prior discussions, negotiations, understandings or agreements relating thereto. No alteration or variation of this Contract ishall 'be valid or binding unless made in writihg,'arld gigned by the parti6s hereto. This Contract may. be executed in counterparts., and faqsimile signatures shall be enforceable and binding on the parties, provided, however, that'the parties shall exchAnge originally signed documents on a reasonably prompt basis. -6- 0,1911)10053 185847.4 Executed as of the day of CST: CST ENVIRONMENTAL, INC. By: Name: Title: OWENS: OWENS-BROCKWAY GLASS. CONTAINER INC. By: Name; Title: -7- 0 910/005 3 1 &5947.4 SCHEDULEI INSURANCE REQUIREMENTS FOR CONTRACTORS Prior to entering upon the Project Sit6, CST shall (i) procure, pay for and keep in full force. and effect. until the termination of the Work, a ' n oc curre ' nce form commercial general liability policy with respect to the Project Site and the slotivities of CST, its agents, employees, subcontractors and consultants, protecting the City and its elected officials and staff, and Owens, and'the employees, agents, and consuftarits of the City and Owens.,, as additional insureds, against claims for bodily injury, personal injury and property damage based upon or arising out of the entry. onto the Project Site -of CST and any of its. employees, ageritt, representatives, or subcontractors, in the amount$ set forth in Exhibit "A". an "Additional Insured -Managers or Lessors of Premises Endorsement!' a rid contain the. "Amendment of the Pollution Exclusion Endorsement" for damage caused by heat., smoke or fumes from a hostile fire, (ii) procure, pay for and keep in full force. and effect until the termination of the Work, Environmental Impairment Liability (Contractor's Pollution Liability, if carried by. the contractor) on art --odcurrence form. coverage with respect to the Project Site and the activities of CST, its consultants, agents, employees, and subcontractors, relating to the Project Site in which the limits shall be as set forth in Exhibit `K; and (li�.) procure, pay for and keep in 'full force and effect until the term !nation of the Work such other coverage as is described in Exhibit. "A" hereto. All of audh policies (except for the Workers' CoMpensation policy) shall name Owens and the City, -its elected officials, staff, employees, agents, and consultants, as additional insured Oarties (or loss payees, as the -case may be), and shall comply with the other requirements set forth in Exhibit "A" hereto, and GST shall provide the City and OWens with certificates of insurance -evidencing such'insurance. The certificates of insurance (including the Nclarabon Page and Schedule of Forms and Endorsements) shall be delivered to'Willard Yamaguchi., Esq., Risk Manager, at 4305 Santa Fe Avenue, -Vernon,' California 90058. The liability policy shall not contain any intra-insured, exclusions as between insured persons or organizations, but shall include. coverage for liability assumed by CST under this Contract as an "insured contract" for the performance of CST's indemnity -obligations under this Contract and shall include contractual liability coverage, oral and writt ' en, operations premises liability, personal injury, independent contractors, broad form property damage, and cross - liability coverage. The limits. of said insurance shall not, however, limit the I - lability of GST nor relieve. CST of any obligation hereunder. All insurance carried by CST shall be primary to and n . ot contributory with any similar insurance carried by the City or -Owens. whose insurance shall be considered excess insurance only. -8- 01910/0053 195847.4 EXHIBIT A INSURANCE REQUIREMENTS Contractors entering onto the Project Site shall provide proof of insurance, including a standard certificate of insuriance. and other evidence as described - bolow, in at least the following amounts and coverage- (pombined single limit -permitted). Coverage and Limits Bodily lniu[y PropeEly Damap Hazards Each P.OrWn Each Occurreince Eabh Occurrence I Automobile Lia "fi Owned Automobiles $1,000jo0o $1,000,000 $500,000 Hired -Automobiles $1,000,000 $1,000,000 $50.0,000 Non-Owrted Automobiles $1,000.,000 $1;000'0-00 $500000 2. Workere C.oml2ensation $ Statutory 3. EmployersLiabilfty $1,000,000 per employer 4. Liabilily. Premises Operations sixoo,000 $2,000,000 $1,000,000 Independent Contractors $1,000,000 $2,000,0.00 $1,000.,000 Products - Completed Operations $1,000,000 $2,000,000 $1.0,0000 Contractual Liability $1,000,000 $2,000,000 $1,000,000 Umbrella Liability $5,000,000 $5,000,000 $1,000,600 General Liability $1,0.00,000 $2,0001000 $1,0.00,000 Controctot's Pollutiori Liability $5,000,000 $61,000,000 $5,000-,000 The genetal liability policy shall contain the following item- s which shall be noted on or attached to the standard certificate of insurance: 1 , An -endorsement naming Owens -Brockway G,I;RA-s Container In c.. and the City of Vernon, and their respective officers and employees, as additional insureds (or loss - payees, as the case may be) under the policy. 2. An endorsement providing Owens -Brockway Glass Container Inc. and the City of Vernon thirty. (30) days notice of cancellation or material reduction of coverage. 3. An 6ndorsement providing coverage for all operations under the City of Vernon 9 permit and specifying the activities covered, 4. A copy of Contractor's general and umbrella insurance policy declarations page. 5. Copy of schedule of forms of endbrsements. -9- ON] 0/053. 110841.4 EXH I BIT w'A-1 ff CITY PARCEL Legal Desciiption , THAT PORTION 'OF LOf 301. OF THE 500 ACRE TRACT OF THE LOS ANGELES FRUIT LAND ASSOCIATION, I N THE CITYOP VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDEEi IN BOOK.3, PAGES '156 AN.D 157 OF MISCELLANEOUS' RECQRD!� AND ALSO BEING A PORTION OF PARCEL 1 2 AS -SHOWN ON RECORD OF SURVEY FILED IN BOOK 191, PAGE 20 OF RECORDS OF SURVEY, BOTH IN THE OFFICE OF THE CO.UNTY RECORDER OF SAID COUNTY, WITHIN THE FOLLOWING DESCRIBED PARCEL OF LAND: COMMENCING AT THE SOLiTHWESIT CORNER OF SAID PARCEL 2, AS SHOWN ON SAID RECORD OF SURVEY, THENCE, NORTH 00*07-12" WEST, 14.00 FEETALONGTHIEWEST LINE OF SAID PARCEL 2 TO THE TRUE POINT OF BEGINNING FOR TIjIS DESCRIPTION; THENCE, SOUTH 89-58-5-5- EAST, 83.55 FEET, THENCE, NORTH 06Q1'05" EAST, 14 '.33 FEET; THENCE, SOUTH ag-58'.55" EAST, 29, 19. FEET, THENCE, NORTH CrOl'05"' EAS T, 16.94 FEET; THENCE, SOUTH 8905.8-55" EAST� 60.67 FEET; THENCEj SOUTH. W01'05" WEST, 9.27 FEET; THENCE,'SQU TH 89'58!55" EAST, 32.30 FEET; THENC�, SOUTH 0-01105" WEST, 16.00 FEET; THENCE, SOUTH 89'58155" EAST, 184.38 FEET; THENCE, NORTH 0'07'12" WEST, 2.6.8. FEET; THENCE, SOUTH 8915-8'55" EAST, 11.U0'FEET; T ' HENCEj NORTH W0712" WEST, 116.33 FEET PARALLEL WITH rHE WEST LIhE 'OF SAID PARCEL 2; THENCE,. EAST, 34,40 FEU; THENCE, NORTH 0O.V"P12" WEST, 1.61.15 FEET PARALLEL WITH THE WEST L114E OF WD PARCEL 2'. TO A POINTION THE NORTH LINE OF.SAID PARCEL 2; THENCE, WEST, 415;47 FEET ALONGTHE NORTH LINE OF SAID PARCEL 2 TO THE BEGIN N ING OF -A TANGENT CURVE, CONCAVE SOUTH EASTERLY, HAVING A RADIUS OF 20.00 FEET, THENCE, SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90.707'12", AN ARC LENGTH OF 31,45 FEET To A- POINT ON THE WES-T LINE OF'SAID PARCEL Z; THENCE, SOUTH -00-07'12" EAST, 266.3-9 PEET ALONG 5AID WEST LINE TO T14E TRUE POINT OF B05INNING. Propared by: Douglas BoyatQ4, PLS478:7 Dulin and Boynton 729 1., Willew.S.treet Signal.Hill, CA 90755 (5-62-) 4-26-6464 VMLAS A. BMTON EXP. 30 SEP 10 L.S. 47.87 REGULATED BUILDING 4LS PROJECT MANUAL Building #70 Demolition #23 Vemon Prepared for. P-Brockway Glass Container Inc. Perrysburg,. Ohio Plant #23 Vernon, California Bureav Vefts Project- N6. 3 4008-008725.01 July 2,200.8 Bureau veritas North America, Inc. Heaft Seft and EnWroomerdai Servkes 520 South Main Street, Suits 2444 Akron, Ohio 44311 330.252.5100 -For the benefit of hUsiness and people CONTENTS Section Invitationto Old ................... . ............... . .... . ........................... ....................... . ............. ........ I Instmetionto 131kiders .. ....... ...................... I ......................... . ......................... 4 ........ . .................... 2 Section01010 — Scope of Work . . ........................... . ........... . . . ...... . ............................................. 9 Section 01300 — Submittals . ........................... . ........ . vi ............. . ................................................ 14 Section 02075 — Lead Control Procedufas .... . ...... ....... . ....... ....... a .................. I .... . ........... . ..... 19 Section 13281 — Lead-Msed Paint Abatement ....... ..... . ........... .. . ................... ..... . . ...... . .... 31 SectIon 13282 — Asbestos Abatement. ........... ..... . . .............. ....... .................... ............... . .... A3 Section 13283 � PCB -Containing Ballasts Remediation ..... I .................................................... rA SectlonI3284 — Mercury -Containing Electrical Components Rernedlation, .......... ...... . ..... Figure I Asbestos Location Diagram: Main Moor 2 ftbeWos Wc4tion Diagram: Mezz nine Level 3 Asbestos Location Diagram: UPPOr Mezzanine Level & Roof Aftchment Demolftion Soope Prepared by. 0-1 Appendbe A Projed Designees uIcense Buroau Veigad Pwim Wo. 34608.6MT25.01 BIDDING REQUIREM1514ITS INVITATION TO BIDDERS PROJECT Regulated Building Materials Abatement and Demol , ltloh — Buildings #70 Owens -Brockway Glass COMRMOF InG. Plant-#23 2001 FrurdandAvenue: Vernon, California 2. OYME Mr. 0. Randy Phillips OVVENS-BROCKWAY GLASS CONTAINER INC. Four 0A Plaza One Michael Owens Way Perrysburg, Oft 43551-2999 567.336.7543 567.336.7898 (Fax) 3. PROJECTDMIGNER Mr. Michael -Ray Boyden Bureau Veritas'North America, Inc. 6920 KOH Center Parkway, �Suite 2.16 Pleasanton, California 94WS 925-426.2W3 925A26.0106 (Fak) 025,382-77-88 (Call) 4. PROJECT MANAGER Mr. Andrew Stewart Bureau vefts North America, Inc. 520 South Main Street, suite 2444 Akron, Ohi&44311 330.252.5100 330252 * .5105 (Fax) 33Ow353-4751 (Call) 5. PRO Proposals -are hereby request ad for the romoval and disposal of vafious regulated b 11ding materials. including asbestos, Wed, polychlodnaW blphenyls (PC s), mercury .ul A and misceilkneous diamicals frcm Suilding #7Q and' Boger at Plant-#23 in VeMon, CWftmia as indicated in the' project manual dated July 2, 2008 and ske-walk oonducted on July 10, 2000. WddIng Re"reffeft Bureau V6fts Ptaim No. WOM872s.ol � D U R F - A U V E X I ' � PF, 1.2 INSTRUCTIONS TO BIDDERS 1. BIDS Bids for the abatement of regulated building materials -as specified in the Scope of Work and aftached Technical Specifications, dated July 2,2.008.will be received up to 2�00 p.m, (Eastern Time) on July 18, 2008. ,Jkli bids shall be addressed and delivered (by -fax or electronic mail) to: Mr. Andrew Stewart Senior Project Manager I National Accounts Coordinator Bureau Verilas North AmeAM Inc. '520 Sou#i Main Stredt, Suite 24" Akron, Ohio. 44311 3-30.252,5100 3.30.252.51in (tax) 3.30..35-3.47161 (cell) andy.gtewag@us.b.ur6auvefts.com and to Mr. Randy Phillips of Owens -Brockway at.567.336.7698 or via electronic mail to randya Willps0lo-I.corn Faxed and electronically. mailed bids will be accepted pending. delivery or.an odginel cop� of the proposail to Bureau Veritas North Amadca's office, within (1) one woWng.'day of the faxed bid, Contractors; not acting In accordance wfth bidding directions may subject contractor to disqualftation (seo Bid Requinwierkta. In Section 11). 2.. PREFIAMMON OF BIDS, Bids shall be submIttecl on forms fumished, or copies theraff. and must be manually signed. If bMsures.or other changes appear on the forms, each'erasure. or change must be inirWed by the person signing the bid. 3. OPENING OF BIDS All bids shall be opened privately andunannounced. 4. REJECTION OF BIDS The Owner reserves Me right to accept or reject.any-or all bids, to waive minor informalities in any bid, or to make awards in the bad Interests of the Omer. The Ovmer assumes no responsibility for thd bidders cost of bid preparation and -submission. Ironeffian to mWom Sumau Vefts Pr9lect No.. U008-00872W Rj_ A U B A "I 54 MIDDERM RESPONSIBIUMEO—R— GOKM_DNS OF WORK AND SITIE The Contractor shelf visit the areas of proposed work and familiarize himself with all conditions under Which he will W obliged to perfom the Contract. Submission of a bid shelf be -taken as evidence of -compliance with fts requirement. 6. MURPRELAMON OF CONTRACT D If any persion contemplaiting submitting -a bid fbr the proposed Contract is in -doubt a.s to the true mearift Of alniflewt Of the ConbW Documents or other data, he may submit to . the Project Manager a request for interpretation. The. person subrnitting a written request Will be responsible'for Its prompt delivery. Any interpretation of the 46curn, erb will be made only by an Ad.0endurn duly issued. Xcopy of such Addendum v4III be mailed or delivered to each Bidder of record fRequeW for 'written interpretation must be- received by Bureau Veritas North America, Inc.. no later than 2 PM Eastern Time on July 14,2008. 7. PRIESENIATION OF BIDS 1) One (1) copy -of each bid sITWI be submitted on the prescnbed Bid Form with the pre -bid submilttal requirements. 2) Bid pdws shall be filled in, in ink, and in both words and figures. In the case al' conflict, the Worded ptice shall govern. 3) Bids shall be subrfaW (mailed and fixedor emaildd) to the Place of receipt and before. the time Of receipt Indicated in the 10struction to Bidders. Bidders -are sdely responsible fbrdelivery. a'. METH09) 011; BID 1) Bids shall be made on -an itemized, Stipulated Jump sum basis for jhe base bid and afternates. 2) Prices quoted in the base bid shall be, Guaranteedafter bid due date through January 18i 2009; CONTRACT DOCUMENTS The 1101lowing form the Conho Documents: A. Invitatilon to Bid B. Thew Instructions to Bidders C. Bid Propogal Form D, SOOPO OFWOrk dated July 2, 2008 ExhiUit"N'betweenOwens-Brackwayolart$ContainarinG. and Wectedcontrattort6be completed Instuedbmto Erddas Bureau Verbs Pmjoqt No: 3QOS_W872&,gj F. Agreement :far ~nvironrrierital Senriees between 4wens-Bradc~ray Glass Container inc. and selected Eontractar 1 U. 1NI78MNIFICATIC?N The Contrsctor sh~sll indemnify and hold harmless the C)vimer:arrd their sge~nfs and employees. tram and against all Maims, damages, tosses and expenses including atirxneys` fees arising. out of ar resulting from, perfomnance of the work, provided tha# any such .claim, damage, hiss ~ar expense: is attributable to bodily injury, ~siokness, disease .or death, crr to injuty~ta..or destruction of tartgible;property (other than the work itseit) inctuding~the loss cif use resulting therefrom ands Z) is c~Sed In~whale or in part by a negligent act Qromission of .the Contractor; or subcontractor., anyone directly ar indir+actly empipyed by any ofthem, or arryone f+x whose acts any. of them maybe liable, regar+dless~of whether or not it.is causEd in part by a party ndemn'rfled hereunder. 11. PR>~-BID RIME In addition to the Bid Proposal. Form, it shalt be a oorrdit[on in awarding of Uhe contract thief the bidders have the fdlowing. items included within th~r bid package: . 1) detailed proposed work plan including. project sequencing and schr;dule, work rne#hoas and procedures, engineering controls installgtion arxi use, deonntarninatian procedures and locations, removal procedures, and equipment; 2} l~fiitten documentation of~previous abatement {projects of similar s'¢e in occupied ~fac'ilities- 3.) Documentation of any regulatory viaiaCions within the past three years; 4) 1Nritten documenfaticsn df Abatement Contractors experience and experience of ~ntractors, 5lapervisars and workers #nrnimum three years); 5) Documen#etl eviderx~.af ccurrent and valid licensing iri the:S`tate of California in accordance with tire. provisions of; Chapter £ii, Division S #as arneniied) of the Business .and Prcafessions Code; 6) Documented evidenc;e:Qfcurrenf-and valid.certiflcafiort irtthe State of C2ilifomiatn perform.asbest~s-related vwcrk by fhe Contrari#ors' State licrense Boarr3; 7) Documented evidence of current and valid registration with the Califomia Drparlment of Industrial Rotations - Division of Ocarpational Safety and Hestth {DASH} to peiforrn asbestos-related work; 8) Documented evidence to demonstrate competency of Contractors onsite competentlrertified supervisory per'sonne! as definetf tiyTitle ti CCR Section~id29(b}and Titfe ~9 GFR Part 1926..1 it)1 #b); and 9) Waste management procedures to be used #include waste containers, landtlll, paperwork etc.) Insff~dtlnn fn Bitlders 4 Bureau VeritBS Rtnject raE,, 3404&008723.01 y 1 List of any proposed ~bcon4rsctors and inforrniatian reEated to the subcontractor items 1-9~. iristrurxlan to BiiYHars 3 Bureau Veritas t'roJers~t lVe. 34008=QD8725.:Dt i~lla'IPROPD~eL FDFEfL+I Regulated Hultding 1aterials Abatement and Demalitlorl Projbct Buildings #70 Plant #23 ~iwens.-l3rocicway Glass IOonialner Inc. 2909 Frultlatui Avenue Yemon, Califorhla for Dwene-Brockway Gla~s~Container Inc. Four D-t !Plaza Qne Michael ifwe~ns way Perrysburg: Dhlb 43589.2999 Submitted by.: Address: D.st~_ Telep#tone Number: SCOPE The•underslgned hereby proposes to furnish ell labor, equipment, materials and supplies necessary to pertoml the Scope of 1Nork in,the Contract. Documents by the prooeduros described henain. The Cpntractor, by submitting a bid fvr the.work, r~epreaents itself as. knowledgeable and an expert in the perforrnence of the~work, and Includes all things usually and customarily necessary to prcnride a complete and finished job, whether specifically mentioned or not. The contractor is responsible for rmrifying quantities anti site conditions in the field befiore. bidding. Any quesfrons about tl7~t-scope ar r~arifc8tions shall be obtained from the Project Designer prier to bidding. Any interpre#atipns of the design documents shall only ba made by the Project besigner. Work is requred for the abafemerfi of alI idarrtified regulated twllding materials including asbestos, lead- based paint in paor•cortdition, PCt3s, merry, and miscellaneous chemicals within the Project Manual, dated July 2, 2008. The rmdersigned agr~s to conduct work in strict accordance with~the Project Manual, dated July 2, 2008 prepared by Bureau Veritas f~orlh America, Inc., fi920 Koll Center Parkway, Suite 216 in Pleasan#on, Califvrriia for the sums indicated below, Abatement Timeframe Aq base bid abatement work and cleanup must be completed within 15 working days after iriidatian of abatemerrE activity following the ten (10}-day regulatory notit~ication. ~Worl< shins will begin after 7:OOAM and must be completed by 5:QOPM. Bfd Form• 5 Bgreau Verilas.Praject Nb, 340A8-0f1B725:U7 Bid Proposal Pnm~ 1 B SE PROPdSAi_ ~'RIIiE~ foam 7 a Remove and dispose of aii a;bestos-corlEalning materials, mercury. . containing light tulaes, PCB-~nt~inin~ li$hi boilbsts, I~~-tzar paint in poor corrditia~, grad misc~llaneaus chemicals in Buildings #7Q Prciposed Time Fame in Caiertdar Days 2): Demolish structiaes.and properly dispase~of all debris. Salvage Credo $ Proposed Time Frame in Calendar Days .UNIT RATES Hourly rate for providing warners and supervisors for additional n*rrrorral of asbestos~'ttaining rra~terials not speciFled 1n the Tecl>ri~al Sp~~catinns. E3id must alsr3 include rates ier ac~itional cubic yards of asbestos-containing waste removed from site. .iob ClasslflcationsJAdditional BEd Itfem Hourly Rate Worker ~ hots Supervisor aer hour Handling and l~ispasal afAsbestos Waste ~~ca,.bag Additional site rrtobilizationldernobiti~ation oer mabldemob Bid Form 4 Boreau~Ver3tas~~Projed Ab. 3401)8-fl08i<26.01 Bid PtoAosal Fwm ADDENDA ACKNDWLEDGMEl~CT'T Acknowiedge receipt of all Addend n~c:eived betaw by namber and date: Addendum No. Date Addendum No; Date IF AN INDIN~ UAL Loni~harxi Signature of Bidder: Doing Business As: Business Address: +k1Nk5#+k.Aall7fR !F A PARZNERSHlP Name of Firm: sy: Business Address: Attach sheet wish the Itames and addresses of all members of the partriership. 8~d Form 7 Bureau VQr11as projeit Plo~. 3rt90$-006725:01 Bid Proposal Form 11` A GQIZPORA'~I~lN Corporate Name: State of Incorporation. Corporate Seal (President) 6t+siriess~Addnes~: Names {Pre ddertt} of (Secr~ry) Officers ATTESI"_ ~SegretarYl Bid Form 8 Btseea Veritas prpject No. 3:40Q6•i~Q8725.01 f3id Prbpossl Fnm~ SECTIQi1I lt101 Q ~QPE OP WORK PART 9: GENERAL, i.i SECTION INCI_{.IDES . A t~escripfion of contract work. B. Owner furnished products. 1.~ RELATED QDCUMLNTS 4. Including but not limited to, all drawings, the general c;ond'ititms of t11e contract, and specification sections, apply tt~ work of the sea#ion. 7.3 GE$CRIh'TION ~F RE{~IJIR~NTS 1. ABBREVIATEQ SCOPE Fe3R BASE BID NO. f. This specification covers;all work necessary to remove and dispose of the interior and exterior asbes#QS-ctmtainirg materials and debris, t?Ct3-cxihfaining light ballasts, mercury-containing filuoresGent light tubes and fixtures, and lead-based paint [n poor. cor<ditian and-demolish Buildings at Alant~#29.locaEed at 2901 Frulttand Avenue Vemon, Caldfdrrria. 2~. A89Rtr1/iAT>=D SCOPE FOR BASE BIR NO.2. This specifica#ion acn?sra all work necessary ta'abate, dismantl+s, and dispose of the~int~erior,and exterior asbestos- containing materlals as5oc;iated with the Boiler in d3iittdirtg #7.0 at PlanE#~3 bcated~at 2909 Fruitland i4venue in Vemon, California.. in addition, Contractor shall dispose or recyde~ any nnn-asbestos mater~ls. 3. The Contractor is to furnish all labgr, .materials, servicxs, training, insurance, and equipment as needed to i~mplete. abatement and clean-up of the regulated building materials and demal[sh structures, as auvarded: The Gontrador~shall foltaw all federal, state and local ordinances, r~ulattons or rules pertaining to regulated building materials, including. storage, transportation, and disposal. The Contrador shall field verify all~~sfte conditions and aGCess. The following~are~the regulated building materials identified at.the site. S~t~ton'01.0#p 9 Bureau Veritas Project No. 3400&0087`$5.01 ~x B.u~liding. X70: The fallowing a~estas-cantair~ing mat~riais (ACM): were identified irr the building: _ ACI~W ®1.: ~ ' ~ ~ fl~re~ity ~t. tmaa ~ n~~.p. I-Il4 'E68: 12"x12" beige with ~ra~nm ~ e ~lnd s Class [uCat. I Plastics Building 1,070 square feet mated yellow or black mastic (M} liA-171:.12"x12" beige floor file with geom~ric pattern Class II1Cat. I Plastics Building 2fl2 square leaf and associated yellow mastic (Mf HA~173:.Beige Class IUCa#. li Plasiics St~idin 2 uvindow$ window Ply (M) g HA 174; 12"x12" brown floor ttie with ~rk brown anand ACCR~IIVA Plastics Building 300 square feel specks associated yellow mastic (My HAS-'176: Gypsum wa{~oard•and Class IIIRACM Plastics Buildin AS8 associated joint 9 squar~a feet ocmpound (M) HA 181: 2'x12' red floor the with pattern and Glass lI1Ca#. I Plastics Building 27fi square fit associa#ed yeilow mastic (M} IiA-113:12'x12" tan and olive floor CIasS II1Cat. 1 RlaStics~ Buitdi 128 uara feet tfle and olive ~ ~ rnasstic (A?t) ssarcn otio~o io . ' Burea4 VBritas ProjeCtNa. 340U8-D06725:01 ~rraaa s ~ ~ b»i»ooe e - as a ~ im8're: a ,,J~1t~ A ~ axa xie se..~ a A e ~ t amibA' !Mp~k: - %da ""p~,~#k A'c - - :~~a «Aab A#i~ gagg. traoic r 6 ~adab4w - HA 4$8: ~tlver material an txicks Glass iI/RACM Goiter Room 9 unit (M) HAr189: Grout in Class 111Cat, li. Boiler Room 1 unit between bgi~cS {M) HA-191: Gray grout and r~lastsr Class l I1Cat. II 9oiior Roam 1 unit (M). WA-193: Slack Northeast store tlvartng material Class 111Cat.. I area 72 square feet {M) HA-1~5: '12"x12"~ Northeast store black floor tie with area to I f R - white~ streaks and Gass illCat. I 129 squarefeet ' assoraat~d brown above l-IAe# 23- mastic (M) 1~-81505) H/~198: Tan 5oor Northeast storage area {txittom layer tde.and ~associsted Glass IIICat. i 121 ssluars feet kslack~ mastic (M) -below HA#.23- 795-315fl5) HA=1 S7: Maroon for #ile and Northeast storage Glass IltCat I 12'l square.feet associated bfaek area mastic (M) HA-302: Clafh Glass iU~Cat. I i3oiler roam -Moiler 5 gaskets. boiler gasket {M) HAS-3Q3: RQHed Rnot u er and 180,000 square roofing wi#h silver Glass 111Cat. 1 rnidtlle ~ feet Paint {M) H/~304: Roof #lashingwith silver Glass II/Cat. I Rgof- middle 2,500 squsre~feet I~~ (M) ~sedton trtmo i1 Bureau ~Ver3taS Projec! No.'300g8-QD8728.01 bxa s y, .Soso - " V f R • • ~ Rd9a~ Aupae iaaa s.°am:'e. a.aaa= - HA 305: F[ber~lass on rolled Rofng C1aSS 111t;,at. I Roof- middle 5,000 s re feet with-silver paint ~ (M) NA-306: Rolled Class IUCat. I Roof lower T,20p , roofing (M} ssWare feet HA-30.7'. Roofing Class II1Cat 1 Roa# throu hoot 4 Dap . mastic (M) 9 scp.iare'feet The following laad~based paints in post condition were identdied in the buildings: ~~m~~ „4 msa fsagaA ~t9' Red paint Door- ext®rinr- south ('23006-LU6}. Red paint Column - warehouse -north - (2~D11-L71J Green! It. green/ brcwvrt paint Stairs northneast storage= eat of Lobby {23-013-L73) Gram paint.- Vtlali-boiler room- s.©utlt , (23-014-Li4},, YeAow pain# Stair rani rn~an[ne ~ frei . t elevator (23-p15-L'15} ~ - by 9h Tanl orange! bm?hm paint Column-mezzanine - b frei htelevator (23-016-L4~j Y 9 Gr~eeM orange paid Ceiling beam - war~touse-above south stairs (~33'1T-L1 ~ 6rownl gray paint. (23-024L20j' >=lectrtcal panel -mezzanine- north Gnean paint- pipe--mezzanine-outside oftice'area. (23-022-L22} .'Sedan DiQ10 ~z euraau Yeriias Project No_ 340Q~gU8725.01 ~~if#i 1l~srCiatt~ n White paint Roof braces -mezzanine -:outside office area. (z~oa¢L~a} The fiollowing mer+eury-containing light~tube~ and PCl3-oorrtaining light balia5ts uxere identified in the' building: 4 <satg8 ~ » ffi 4 p%~i pf %Sid A fro er axr sea sa rA Pg~~~ 0 b rA. @ ~H#.~ ~ <'&d$fl~ - e>i xaa aw _ - Light Tubes 1711 iaach Ba~llaste .85 each PCB Transformers-1©Kva 73 each PCB Transfonnen~ 2i7gKvs 3~ each C. PROJECT SCHEDULE. The base bid Scope of Work contained within these`Qoa~merrts has a ~0-calendar day perfnrmar~ period from issuanee~ of notice #o prrrceed including ;tubmttta~ period, site work, and close-ou# dbcumentaticn. The Sc~tyedwle can only be modif<ed by .change otc#er as required by the ~GeneraC Conditions. D. SAFETY ANa SECUFtITI'. Duringsitework the~Contiactor shall-take steps to provide' prot$c#i~ to other si#e workers..and vdsitars. The Contractor shall secure all ~aocess trt the site throughout the day ancl'at the end of march wank st~ft includirg; buk not. Ilm"~ted to locking all doors, securing. window$ and other epenings, and: securing gate access. The Contractor shall provide and install plywood or equivalent barricades for security on any openings resulting firom the wont. After the completion ofi all work including final clearances, the Contractor shall secure access to the buildings and proVide~ proof to the: owner of the security measures in the form of a,walk-through c0orddnated by ttje<Contractor. E. ASBESTOS SURVEY REf'f?RT. 'A reoerit regulat~i twilding materiels survey was conducted by t3ureau Verltas North Ame~rca,. Inc: A copy.ofthe final repor#will be provided tvthe~bidders prior to laid. F. FLOORING NOTE: Where:ar1 asbestos-containing tlaaring and roofira~ material is indicates for removal, aN layers of flooring and roofing shall be removed at the sularnitted bid price far the work area without extra compensation to the Contractor. G. Certa~ building materials are known or suspected to be coated with ~ar contain lead-containing paints. 'T'hese materials include, but are not limited ia, painted or coated surfaces (including interior and exterior walis,.cellings, moldings, windows„ doors, doorframes, painted bride, and structural beam's and columns}. Although, leart"based paint in poor condition shalt be removed prier to demolition, abatement and interior demolition operations may. disturb lead-containing Sec~loR Q7010 13 BuFBau Vedtas P!'fljefl rVo. 34~po8-OQB726.04 r building rr~terials.and result in worker exposure to }ead. The Contractor shah perform all work impac#ing Ind in accordance with ap applicab9e regulations. M. SALVAGE RIGHTS: Tha Can#rac#or stroll have salvage rights to building materials.. 517E ACCESa. The {Jwner will eco©rdinate site access with the Contractw..The C3v~mer Wi[I - provide an adequate lay-down area fior a 4fl cubic yard closed top dumpster and cerripany vehicle. J. 51TE UTILITIES: The~si#e has power and water that tits cariiraotor may utilize. axis#ing~ ss~rioas .Only. l'h~ Contractor~shall be i~esp~sible~for r?ecessary#dmporary uf~Uties needed #o complete the work. AND OF SEGTIOrN Section Q1410 74 Hute9u VeTIta6 Pcoj9ctiVa34t1~8-o48725:b1 SECTiOhi D13ii.Q suBNUTTaLs i~ART 1 - GEAIERAL 't.1 SCOPE OF W{]RK: A. Cor?tractor shall pcavide two (2) bound sets afcarnplste subrniitels as indicated below fog review by the Ov~rtet's Representative and Uvuner of the pre-canstr~c~ian meeting. Foftwwitt~g receipt ofi review oammerits=from the C)wimer and fawrier's Representative, Contractor shall submit iwo (~y additional sets of tt?e revised submittals to the nwrrer and Owner's Representative. Mo work wi71 be permitted prinr.tp subrrtittals being accepted by the. [Armer"s Represenrtative: Atlpw five days fqr review. S. P111 submit*als shall bear the contract name and number, the da#e of submission, re#erer~e to the specification section th which the sukxniftal applies, the nature of the submittal and the Conttador"s slgnafure. C. The Pre-Work subrrdttal package shall be submitted in arxordance with this sedtian. Original shall be provided in three~rirtg binder. Tab and dtle each section of the sub~ittal., in the. order speafied herein. klentify each tabs by name.and reference the speafication secfian, praph number, and subparagraph 'in a Tati~ of Canter?ts at the beginning. of the submtEtai package. D. GeneraL• Except for submittals for the: record and similar purposes, where action and return ~ submlttats. is regtJired cu'rapuested the owners Represer>#afive will review eadi sutinnitfai, mark writh Appropriate. "Action," and where possible return within a reasonable iiine of receipt. 1.~ LEAD CONTRQLS F?A Submit a written lead CompGanae Program at the pre»~onstructlon meeting that is specific tx~ the joti site priorto.anywork dtsturbtng feed-containing paints. The Compliance Program musE inducts: 1. A des+aiptian of each activity in which lead is expected to tae disturbed;. e,g., equipment used, material involved, engineering controls, crew size, employee jolt responsibilltles, etc. 2: Lead Health and Safety prganizatian and Responsibiltiise 3. EXpasure Mon~ar~ng far Lead 4.' Engineering and administrative.controls; HEP/4 vacuum, dean-up. procedures 5. Respiratory Protection Program a.. Protective work dothing and equipment 7. Hygiene facilities and practices section oa3aa 9ureau Verites Peoject Nn. ~l]8-OUB~l5~.07 _ .u r 8: Housekeeping 9. Medical surveillance program, inciuding worker blpod=lead level and appropriate worker noti9catlon procedures 10. D~antamination procedures 11.. Employee Information artrf tramming procedures 12: Product l7ata: Submit manufacturer's~proiiuct information for each component used, .including NIOSH and MSHA Certiticatit7ns for each component in an assembly andlor far entire assembly 13. Record keeping 14. -Submit matsrlai safety data sheets (ty1SDSs.) for any ctmmical products to' be used vn the site 15. Submit lead trainjng certficatians for supervisors: aryd employees 1.3 ASBEST05-CONTAINII+fG MATERIALS A. Submit the following:at tJte pre=canst~ucdon mee#ing: 1) Detailed work plan including jsroject sequencing, work methods and procedures, tall pratecfion plan; decontamir>atian prone~res and locations.,. and equipment; Z) pocurinertted evidenceto perform asbestos-related,work toy Else California Cornractors' State u~nse Baatd; 3) Documented evfdsnce of the ~ of reglstratic+n~ with d©SH to pertorm asbestos-relatedwork; 4) Documented eyidertce that all Contractor's personnel who perform. arty work on this project have written medical approval to work with asbestos while wearing a respirator in aoc~rdanoe with OSHA 191 f~.9 34 and are medic~ily fit to work with astestos-containing matertats per Z9 CFR 1925.110.1 and California Ocoupatinnal Safie#y and Nealth Administra~on (CaUgSHA) Ast~estas Standard T'd1e 8 CCR Section 1529; 5} DQCUmer~ed evidence lhat all Contractor's personnel who perform~work on this project have been fit tested far a resjsiratc~ and properly trained nn ~.apirator use as required fay DSHA 2!3 CFR 191 t).1;34 atzd CaIlQS1'iAAsfaestos Standard Title 8 CCR Sectlan 1529 and Section 5144; 8} ~umented evidenre:oflraining of ail wiprkers as r~qulred by CaIfOSHA and applicable state:and lncaj regulations, and~this specification 7) Pettrtits~ Ijcensss and not~Icatf on5 r+equi~i to do the work. Contw~tdor is required to submit draft Permits, lioen~s,: and rroiificaiions:ta the Owrte~'s Representative far review ariQ ramenent at least two (2}days prior to suhmiital Ito r+eguiatary agencies; Secddn 013(!D~ 1fi Bureau lleritas Project No. 34DD8.00872b:01 8} Copies of:all submittals and notifications to city, cou~tfY, state and federal agencies, if applicable; 9} Respiratory Pr~oteckion (Basis far determination); 10} Waste management procedures to be used tinciude waste contair~rs, Jandfill, paperwork etc and 7 9 } If the Contractor prpposes to-use a material containing a chsm'ical with an .exposure limit:established 11y Cal/OSHA, satxnit a worker monitaritsg protocol aotxptai'ile to the industrial hygiene. consuttani; 12} Certificates cf lnsuranoe. The #oNowing infnriraation must be submitted on.a~ daiiy~basks prior to the start of the nexk work shift: 1.. l.og-in,, log~out fotm maintained by ttte Asbestos Supervisor.. - 2. Waste disposal manifests, deify ~Id reports. air mnnitodng results, employee daily sign-in sheets, and weekly safety meeting minutes. . C. Post-,Job Submit~ls shelf be delivered to fhe~Owner's Representative witt»in friteen (1 days of substantial rample~tion of work and shah irtct~ttie the following. C+wurr~sr wip-.not authorize final payment until all post job submittals have been submitted and approved; 1. Cerfific~ion: Provide written certification from the Contra+ctar's Project Manager that Conhector has fully irtspECted the work area and completed wadi fi strict aresrrdance with the fic~ans: 2. Air Monitoring: Submit doeuntentation of all employes. personal :air monitoring results reiat'n~e to OSHA respiratory protection level caompiiance. tndude copies of all air monitoring data sheets, chain-0f-castgdy cbcurnet~taf~n and at~aiyttcal reports fprsampling con~cted at ttre site. 3. Project Record aocuments~: Prouide~recvrds including documentation of all contract changes and copies of Work site entry log books, safety logs, sign-in beets, and supervisor lofty field reports. 4. pispossl Manifests: Submit copies of all asbestos Waste disposal transportation and dispose! manifests including signed receipts from the land#.+li, and chain-of-a~stody. 1.d PGI3~ONTi0.1NlNC LIGHT f3ALLA8TS A. The folltmving information shall be submi#ted'by the Contractor to the Owner and gwne~'s Representative at the pre-rAnstructicm rrteetireg. The c)vmer's Reprraseritative.mus# approve~all submittals prior to the cammencemenf ,of wbrlc. They are as follows: 1. Written wprk plan, which desaibea q~e means and methods, which the ;contractor intends to employ to execute the work and a schedtJfe for all suspect pCB ballast rjemoval activities. ,ueCh'on.013tiQ ' 1?5 Bweau weritas Project No. 34QO8rQ0.ti725:61 Z. PCB~~work shall be performed by aSH~A 4Q-ficx1r trafrted HAZUUaPER personnel. 3. Submit complete product information ir>cluding applicable product tlste of the type of waste disposal containers to be lased. 4. Submit the name eaf dte proposed Truer, Storage ~rtd Disposal Facility (TSDF) where the ballasts areto lae~disposed. B. Posi-Job Submittals shall be delir?ered to tie bwra~~'s Representative .wiithin fifteen (15) clays of substantial irompietion of work and shall include the fallowing 9 . Disposal. Marpfesls Submit copies of all PCB ballast waste dispnsaUr~cycle transportation and dispcisaUrecycle manifests indud"ang signed receipts from the TSDF, artd chain-of-custody. 1.a MERCI~RY-CGNTAtNiNG BI,EG'1'R[CAL CCIMPQNFAIT$ A.. The following informat'roir shall be submitted bythe Contractor to the.Owner and bwner?s Representative at the prc~-constru~on meeting. The Oumer'S Representative. must approve all . submittals prior to firs commencement of work. They are' as follows: 7. A written work plan, which descrit~es'the' means and methods, which the con~ctor intends to employ to execute the' work and a schedule for all mercury electr+tcal ccxnponent removal activities. 2. Complete product irifcnmation including appiit~le product data of the type~af waste disposal contalnprs to be' used. 3. Name of the p?oposed Transfer', Storage and Disposal Facility {TSDF).where the mercury .components are to be recycled. 8. Post Job Submittals. shall tae delivered tia the f3wner's Representative within fifteen {15) days of substantial completion of wnrk~and shag include the following: 1. Rectrding. Manifests.: Submit copies of all mera~ry waste transportation and raecycle manifests induding'signed receipts fromthe TSDF and chain~f-custody. 1.6 OTti~R SUBM4TTALS FOR PROJECT CLOSEOUT A. When the fallowing are specified in individual sections, sulamti them at project closeout: 1. Project record documents. 2. WarranGet3. Bonds. 4. Certificat$ of Ocxrupancy. 5. Completed and signed permits and insp~on reports. SaC1iDr101300 17 BuFeau Vertas ProjeetN0:3~00$~-OQ8725.09 Y Y S. Oti:~r items as indicated in thegeneral c~d~ions or speciflcat[on. . ~MD DF SECTiQN Sectlon~0'13Dq 18 BurBau Verifas~Projed No. 34UUt3.0Q8728.Qt M - ~7GY ~ l6iN YLY~~ 1.EAI1 CONTROL 1PROCF~iURES PART 1 -GENERAi; "[.'E SCOPE A. Certain building ritaterials are kr~tawta ar suspected to.be coated with or contain lead-based paints. These meterials.indude, but are not limited to painted or coated surfaces jincluding walls, seflings, moldings, windows, doors, doorframes, end structural, tyeatns and columns}. ' pe~naiificn operations may disturb lead-cxantaining building rrr~terials~and result in worfcer exposure to-lead. This specifrt~tion seotian addresses work practices and procedures to fSe falbwed during renovat and disposal ofthe demolrtian debris. This seciton assumes that the stabilization of lead- based paint {LBp} is performed prior to building demolition as identified in Section 13281. S. Contractors shall take necessary preeautions to prevent cx minimize the release of lead in the farm of dust, fumes or mists from lead-csontainirtg building materials into the .air ar onto.: surroundirpg environments. Contractors shell lrifarm all workers~and supeniisory persannekwha wiN'be at~the` joh site of ttie poler?tlal lards o1 lcfad and ref necessary~precautfans and hauseke~eping procedures to reduce the potential for~expasure in~at~'as where lead is known ar suspec#eicl to tae present. C. Caritractora~ shall tae fully responsible for compliance wi#h Federal Occupational Safety} and Health Adrninstratiori (Fed/OShIA) staniiarc! cantalned in Title: 29, •Code of F'sderal,Regulatiaris, Part 1820,62,. Lead. The t+egulations hate established requirements, including personal air moniiaring, whenever any information, obsetvatton, ar caiculatian indicates potential employee exposure tc3 lead. If~B-hour time-weighted average-~fWA} exposures e~aceed the action level of 3t) micrograms of lead per cuhic nneber of air (mglm Contractors must continue to conduct Persndie air manitdring at speafiad t~tsri+ale;, and institute medics surveillance and cnmprahensiye training programs: If the DS.HA 8=hourTWA perritiissable exposure limit tPi=1.}. of 50 mglm3 far lead is exceeded, more stringent. and additional rec~irements biome effective; such as~ engineering controls, respiratory proter~ion, regulated work areas and uvarning signs in lead work areas. 1.2 RELA1'Eia DOCUMEhFfS Drsanrings and gerteral provisiarts of Contract, including but not li~'titad tc, General and Supplementary ConrJitions~ and other 8pecificatian mections,. apply to=work of t1•r!s section. 1.3 WORKER RROTEC79ON A Far all work an painted lryuilding components in .this project;, Contractors shall provide, at a minimum, the following for employees per OSFtA Z8 CFR 1962:82: i . Respiratory protE.etion. ser~an 421p75 i9 Bureau Ver0as Proioct No. 34pp&00625.01 2. Rrofective clothing. 3. Gtean charx~e areas. d. Clean hand washing~dalities. Biological moniioring to consist of flood sampling and analysis for lead and zinc protoporphyrin levels. B. Hazard comrnunica~ion training. B. Prior to start of the job Contractor shall establish and implement a written compl"~ance program to achieve campliance~with QSHA 29 CFR 1962.62 1.4 CONTRACTOR tNFDI3MAT1ON .Each Contractor working on lead=containing paint surFaess is requin3d to perform the work in accordance with OSii14 29~CFR 1962:f~. 1,5 DEFINITIONS RELi`I/ANT TO LEi4D i'AIAIT A. Action level: frmpkayee. eacposure to an airborne concentration to lead of .3v micrograms per cubic meter of air {90 ugtm3) caEculated as an eight {$)-hrx,r E'vne-weighted average (1WA}. B. Brer~rkhing Zone: A hemisphere fon~+ard of the shoulders wiEh a radius of approximately. six (6) .to :nine (9} inches.: C. Demntfiorr: Thee wreck~g ~dr taking-out of any building componerrt, system, wish or assembly of a facility together witl~'any related handling operations. D. Health and Safety Officer. The health and safety affioecshall be an'individuai capable cf identifying h$zardous or dangerous cr~nditionS. The ndt~iduat shall have experienr?a in the construction inttwstry, formal straining and experience in satiety and health. Such fomTal :training shalt include at a minimum, completion of a lead awareness Bourse: E. Industrial Hygienist: Industrial hygienists shall have ihe~(ollawing qualifications: currenj certification by the:Ameriean Board of industrtal Hygiene with freld and sampling experieriee:in the garrstructton industry; ar hold a Master's degree from.an accreliit$d cdtege or universit3r in the field of biotogigl sciences, cherrsst~ry, engineering, the envtronrrrentet Sciences, industrial hygiene, physics, toxicdogy, or a related~$eld and have a; least two {2} Years pf full-time experience as an lndusMat hygienist, including freld and sampling experience in the construction irxlustiy; orhoki a Bachelor's degree in the field of biological sciences, chemistry, engii7earing, the etlvtrcnmental sciences; industrial hygiene, physigs, toxicology, ar a. related 5eld and have at feast three years of~zperience as an industrial hygienist, Inckiding field'and sampling experience in the construptlon industry. l=. Permissible Exposure Level (PEL): Employer shall`asswre no employee is exposed to lead at concentrations greater than-fitly micrograms per cubic. meter of air (5t} uglrrt~) calculated as an , eight {t3)-hour timesweighted averagi3 (TWA}. Sei~lcKi o2~175 20 Bku~Beu VBr~tas PraieCt No. 34008-008725Ai G~. Time Weighted Average (TWA}; The average exposure to a contaminaet in air during a .speolflc lime perigd, usually eight hours. 'l.6 REL/t'TED DOCUMENTS A. Contractors shall oompty with the requirements of~the~lead in Canstru~tlon Standard OSHA Lead in Construction Standard t29 CFR 1 828.62} of the E1.S: Oc:cupaticanal :safety and Health Administration ~OSIiA) and arty other applicable #ederal or state-laws. O#her~Stateit.ocal Requiremerds:.Contraa#or shall comply with agencies that:govem lead- cc3ntainingpaint 3nrorls or hauling, antl disposal of waste.materigls_ 9.. Title CCR, ~Sedi;~n 9.532.1 Lead, Subchapter 4, ConstNCtlon Safety Orders, Article 4. Rusts, fumes, Mists, Vapors. and Qases 2. Title. '17, C.Cft, 3SE'l09 California Department of Piublic Health, Department of Health. 5erY1CeS US EPA RQgion I!I 9.7 ~0.1R MONITQRtNG A. All air monitarirx~ arrd analysis must be performed'in accordance with IVIOSH approved methods. B. All air. rrranitoring and analysis will be subject to the approval of the Ov~mer's Rspressntative. C. The Owner rx the t]wner`s Representative~atxsp#s na responsibility for Ccrrtractor's employee monitoring:and is~heid harmless fromany legal action taken as result ~'©fttie monitoring. D. Gontrac#ers shall. pertorm employee lead exposure monftorirtg to detemnine if any employee is exposed #o lead at or shove the action level. E. t:onbactars shall aoll~f .personal samples that are representative srf a #ull work shit including at least nne sarrfpie for each joh ehass'ditat+on in eaoh_wortc area far.each stilft, or for the sfiift with the~highest exposure level. F. full shift personalsamples shall be repoesentatiye of fire monitored employee's regular,. deify exposure to lead. G. Contactors may use data from past projects within the past 12 months during work operations conducted underworkplasse cicnditiong simiiartothis prriject: H. Worker exposure samples shalt be eollected in #Yre~ breathing zones of~wcnlEers perFo#rrririg tasks impacting i.BP in sufficient numbers to permit estimation of peak and TWA exposures. I. At a rt7inimum, at least orre~ sample for eac~r job dass'rfication: on worker with highest exposure. potential is r®quired in each work area, par t3 hour sttiR. Submit air sample results on~a weekly t~asis m the dwner's Representative. li;. Air Marr'toring Frequency Set~lan Q20T5 a~ Sureau Veritas Project No. 340Qt1-OQ87Z5.61 1. Less than the ~DSHA action level ' No further monitoring required unless change of equipment, or rnethgd perspnnel occurs. 2. At ar above the C1SHA action level, but tress than the PEL: Monitor at least every ~s€x morrths, ur~il tyro results, collected at least 7 days apart, are belowthe action level_ 3. Greater than ar~equal #o the PEL:. Monitor at least every three months, until~twc~ results; collected at least 7 clays apart, are bel~Y ttte PEt_. L. lVatify Uwneeas Representative of employee expa~ure to lead at or above the DSHA action level of 3[l ugtm3 of air outside the lead control area. M_ Manitorir<g and analyr~s shall have an at~curacy of not less than 259/0-for airborne concentrations of lead equal to or.greater than 30 ug/m3. 1.8 MEpICi4l.. SURVEILLAti~E A.: Contractors shall institute medical SwrveilfancB in accordance with the Lead Standard; B. All medical procedures required by #his program shall be provided- by the Contractor at no cost to~ the employee. C. Medical surveillance does not: replace exposure monitoring, rather'itis m method of ?rerifying that workers are not being•aduersely impacted by I.eatl despite laver aifiome cancentcatians. Results from any medical testing shall be submitted to the Owner's Representative. D. 7ha medical. surveillance program must be overseen by a licensed physician. I# is reQOmmendect that an oocupatlonal physician, board certified by the American Boafd of Preventive Medicine, overses.the medical surveillance program. 1..9 ' Wa~RKER EXhOSIlRE ASSESSMENT A_ The employer shall notSfy~each employee In writing of their btolagic~al monitoring results withih 5 working days of receipt of such results. Employees with bbi~d-lead levels greater than gh Ngldl shall life not'~ied of their right to medical removal protection. when their blood-lead levels ~exoeed the criterion defined in the interim Lead Standard. 'The s~ndard requires that bialogit°.al monitoring occur at fha #ollnwing frequency: 1. At least every tirro months tar ttie Tirst six months and .emery six months tltiereaftei : . 2. A# least every two months ior.those workers whar,~a last blood-lead level was at Qr above 4a µgldl until iwn consecutive bland samples indicate~~a b[oad-lead level belout 40 ugldl, and 3. At least~monthly for arty worker who is removed from exposure to lead due to an elevated blood-lead le~rel. Section 020y5 2Z Bureau VeriEas ProledN0.3d04&OU8725.01 4. Ari increase of ~10 }~gldl from one tesf~'ta another shall trigger a Vvork site evaluatian'by the health and safety officer end the industrial (ljfgienist to identify problem areas anal impterrtet'3t appropriate control measures that etfectively. reduce. blood-lead levels to less than 25 pgldl. If at any fjme during testing,:a bitaad-lei! level of 40 Ngldl or gfea#er is detected. the employee shall be examined by the occupational haaitb.physiaan, Such an employee shall have. blood-lead fasts at a frequency of~every tvi?d weeks unto two consecutive tests indices#e blood-lead levels e~tral to or bela~w 3Q pgldl. ~B. Gettifled rxipies of all blood-Lead level results shall be submitted to the Qwner's Represer>tative nolater than five days .after rticeipt. 7'. A medical exam must be made available at feast annually ~o any worker for whom a blood-lead sample~was found to beget or above 40 pgfdl. during tt~e prECed'ing 1~2 trronths. B. Air monitoring. Personal air mor~ixing is one means of assessing vrorker exposure to lead dust and fumes. In general, air monitoring is aanducted in ceder to deterrn3ne the range. of feed concentrations #o which workers are potentially expos~ad when perfvrnaing different: #asks andto? to measure the efficacy of corrtrois fn reduang airborne conceritfetions of lead; C, Woricers must receive notificstbion of results within five working days after completion of the assessment. u4ri`ten exposures are greaterthan the PEL, employers must provide written notice to workers as to ftow they plan~t,a reduce exposures. D. Collectmuttip~ randomly wllsctad air samples over time for each, job classification. 1. For the purposes of~devising etl"ective'oorttrol strategies for the prevention of elevated blood-lead' levels. 2. To c~~aracteriz~ work tasks and areas to which workers with elevated blood-lead levels. can be.assigned to reduce their exposur$ to airborne lead particulate, 9. To esse&s exposures during work tesfcs where increases in blood-lead test results indicate a problem. 4. To assess any charge in opErations or procedures that may affect exposure levels. 5. To determine effec~iveness::of engineering controls. 8. To assist;n fhe~ sQlection of respfratory protectiion. E. Provide initial t7food-lead monitoring for all workers who vtld be requfrsd to enter into the lead work area.. F. Contractors shall ensure. that all physicians cortductfng filorxi manitoring.shall have all samples analyzed by an OSHA approved lab that has~demonslrated proficiency in blood-lead analysis. Sefton OZf}75 z3~ Bureau V~cifas Pi[f,~eCt No. 310D&U08725.01 1.1tt YVORt~R TRAININSa A Train all warkers~about ~e dangers inherent in h~dling lead-containing paint and breathing lead dus# and in proper work procedures and personal and area protective measures in accordance with 29 CFR ~192fi.52. B_ Training shall lnolude the fallowing infom~ation: 9. The.purpose, ixopar.setectlon,.fitting, us;:: and lirnita#ions of respirators.. 2. The purpose and description. of mt'deal surveillance aril medcaa! removal protection inducting the health etfiects of Lead. ~3. Engineering con#mis~ and work practices associated with the employee's job assignment including lrainirtig~on work practices ihat reduce lead exposure: 4. Medical surveillance. 5. The sourc~s~ of potential lead exposure associated with specifrc tasks. 6, Work which cr~uld generate lead to airborne levels above theaction level.. 7. Hous$ keeping and engineering controlst~a low airborne level low. e. ~mpbyea's rightto a copy ofthe stendafd and its appendices. 9. The contents of #te Compliance Program. 10. Instructions that chelating agents shrwld never be used except under the direction of a I'rr~nsed ptiysictan and. risver as a routine method of removing. lead from fhe body_ 11. The right aF employees and ttielr designated representatives to exposure and medical records in a timely manner, 1.19 Qt1ALt1'Y ASSttRANCE A. Health and Safety C~ficer. 1. Eontractars shall designate a haaltti and Safety ofFirrer, not the project superintendent, to ensure that the cornpi"ranee program is implemented on~a daily basis and that ell work conducted on site,is in cxamplience with the tx2mPliance program. 2. Thefiealtli- and safsiy oft"icer w~l be responsible. for maintaining a log of ail personnel entering wgrk areas with potential lead expasurss. Tt~e lag shall include the Warne and soEial security number of the individual, the date, the time at which they enter~end leave the:area, the tas~ob being per6nrrned and exposure monitoring date; I#.any has been collected. 3. Revelcp and oversee the Implementation~of a respiratory protection pragrem. Sedan 4F2075 a{ BureBU Veritas Project No. 34p09Jpp87Z5.p7 4. review filaad-feed monitoring results as necessary with the pfiysician In order to assess the efficacy of controls..{Piaoemen4 ofworiiers wi#h:elevated blood-lead~lea~els should be based an calfaboratian of the irxYustriai frygienists, health and safety officer, ptrysician and contrac~ory. 5. Develop and conduct a sampling strategy tl~t includes personal air mar~itnring. fi. The~health and safety t~fficermust be on site. ~ feast.once~a week during ac#ivitiss which have been •aesociatesi with~or can reasonably be expected to create lead exposures in ~exce5s cf 36 N~m3- The health and safety officer will ice on site more.frequently at the start of the projeck or when site conditions vrwork practices change until exposure monitoring indicates firer expoaurps~are being efiveiy co~alfed. An elevation grsater than 1 D. µg'Idl in worker blood-lead levels will prompt more frequent site vis'~ts by the industrial hygienists until ao~clive measures have successfully reduced blaod~lead le"vets. Alf information cdlaeted by the Health and Safety officer shall be subitlilted to the Qwner's Represertta#ive for review. 1.12 RESPIRATQRY f~RO'1~CTiON FOR WC1RiC A: Tasks anti the presumed exposures which must be aantr+alled for are as follows: i . Proteatian must be based on expasur$s be#waen 5p Nglrrr~ end 500. Ng/m3: Where lead.coafings ar paint ar~e~ present and the followring resits are occuMng: manual demolition of sbvctures, manual scraping, manual: sanding, heat gun applications, power tool cleaning w~h dust roilectian.systems: 2. Protection must be based an exposures greater than 50Q Nglm~ when, a: using Eead-containing mortar b. lead buming 3. f}rntection must b~ teased cm exposures greater tf~an 250Q }~g/m~ wFoere~ lead-containing .coatings or paint are present and the following tasks are being performed: s. Af:?ras>tie bla~sfing wafaing c. Cutting and tarcl~ buming 1.13 RESf'IiZATORY PRGTECTION PROGiiJkM R. Corr~aotar shall implement a respiratory protection program in accardanoe witF the provision of O5HA, S'ecUon 5~ z!3 Bureau veritas Project Alo. 3#008-0Q$725.01 ~19. The minimum respiratory pratec{ive cquipmenf shall be selected .eased upon ttre task that a worker performs as specified In 29 CFR.19~6.6~~f), Respiratory. Protec#ion. C. Contractor rrtuat supply xvorkers with respirdtors that are NICSH and,MShIA certified at no expense to the~wariter. ' D. Exsept to the extent That more stringent requtrementa~ are written directly into the Cvr~trac# Qocumerrts, the fbpowing regula#ions and standards have.the s8me force and~eifect {and are made a part of the Contract, documents by reference) as if copied directly into the Gantract Documents, or as if publist3erl copies were bound herewith.. Where there is a conflict in requirements set forth in these regutations. and standards, meet the more stringent requirement. 1. GGA -Compressed Gas Association, too:, New York, Pamplitet G-7, "Compressed Air for Human Respiration", and 5peafication G-7.1 "Commodity.~pecificatiort far Aid'. 2. ANSI - American National Standard Practtoes far Respiratory Protection, ANSI 7_t3B.2- 188fs. 3. MSA --Mine Safety.and I-teatth Administrafioh, - PART 2 - PROi]IJCTS 2.1 l~ROTECTIVE Cl~OT1i1NG A. Provide fhe.fallowing: 1. Prntedive cbthing and equipment with prravtsiarrs foT cleaning ~ihem in acr~rdance with 29 CFR~ 9926,82(~g}, Personal Pniteafive Cbthing and Equipment. 2 Clean work clo#hes must tie provided at least ?,veekly to ap'empbyees vsrhose exposure levels are above the PEL Ind daily to those above ~~Di7 jig/m~. 4 Replace or repair damaged protective clothing and equipment. 5. Protective clothing and equipment must be removed a# the completion of a work shift only in change areas provided for that purpose. 6. Cantamina#ed lathing is fa be Gear~ti, laundered, ar disposed of es lead-contaminated waste. 7. 13a not rerrrove lead from protective Gathtng or equipment 4Y any means that ,trill put lead into the vuprk area, such as brushing, shaking, blowing, ar using~a xegular vacuum cteaner. fi. Dv not wear outer protective clothing outside of the work area. 9. Workers stroll be allavued auffcient pre"job pr+eparatian time to change,tnto protective cloth~g and sufficient dean-up ~1ime~as pars of #~.e work day. SaGUbn ardQ75 Z8 bureau Nettles Project No: 34048-9fl87~b.0't 1~.2 AtR Pili31FYING fiE;iPIRATORS A. Finer Cartridges: Provide, a# a minimum, HEPA typefitters labeled with NIOSH and MSHA Certification for "Radionuelldes, fiadon Daughters, Dust, Ptmnes, Mists including Asbestas- Containing [)us#s and Mists" and ootar coded in accordance witi~ ANSI Z8$.2 (1913.Oy. fn . addition; a chemical cartridge seption may be added, if requlrect, for solvents, etc., in use_ In this rase, provide car#r~lges tha# have each section of~the comlimation canis#er labeied with the appropriate color cxrde and NIOSHIMSHA Certiflceifr'on_ 13. Non-permitted respirators: Do not user single use; disposable or quarter face respirators. PART 3 - E.XE=GUTION 3:1 GEihl'~i~At. A. Each Contractor working on lead-cnritairung pairrted surfaces shall take necessary precautions #o ~revern or minimize: the reiease .of .lead in the .form of dust,. fumes or mists from lead- containiryg building mater'ia{s into pie air ar orti#o .surnwnding environments. Contractors shall inform ~1 workers and supervisory perstinnel who:will be at the jots site of the potentigl fiazar~ of le8~d and of necessary precautions artd hous~,keepirrg.;pracedures #ri reduce the potential for exposure in areas where lead is krtoilm or suspected to he present. 8. Each Contractor ~wartcing on Lead-cor~aining parrteti~ surfaces -shall fYe fUtly responsible for compliance with the federal ~upadortal 5afefy and Health Administiation {I=ed1O51iFt} standard contained In Title 29, Code of Federal Regulations, Part 1926.62, Lead. . 3.2 RE5PIRATQRY PROTECTION: A. Respiratory Protection Program: Ccimply with ANSI ztit3.Z - 198t], "F~racttce& for Respiratory Prot®ctiori" anct OSHA. B. Require that a r+espira#orhe~.vrom by anyone in ~ wertc-area duririg~a period filet startswith-any operation which could cause disturbance of feud and until lead cronnoentretinn levels for ti hour TWA are below the PEL for each ~ac#ivity, or .until -the vrorlc: area is cleaned and read rely#ed work is complete. C.. t]o,not allow the use of singls~use, drsposable,. or~quarber-fare.res~airaYors for any purpose, f3. t'erform at t+east quall#atlve tit-esting aet ail negative-pressure- half.~mask r~spfratars euery twelve (~2y. months. A~ quantitative fit#est must be provided every~twelve (12) months for arty type~respirator. ~ 1. Upon Each !Nearing; Require that ead~ time an air-purifying respirator is put bn, it be .checked for. fit with a poS~ive. 8nd negative pressure fit-check in accordance with the manufar~arer's irtstfucliQns pr ANSI Zt3t3.2 (998!]). 9207$ 27 Buradu Veriias Project No..34008-00825.01 3.3 HYGIENE FACILITIES ANi] PRAGT[CES A. Hygiene Facilities; :Wash-down. must be.equipped wifh hot and cx}ld water. Use washdown a# c:ompfetibn ofeach shift cif work'and at break times #hr~gh the shift. B. Shower fadlit~? is required where exposure is 5D pglrrr3 or grea#ec; C. Provide a dean area for eating, drinking, and smoking. 3.4. IaOWER Tti~iLS ~MII power tools used for paint removal sh~aN be~ eriulpped with vacuum shrouds wfrich capture fine dust at the point arrd time of generation, and transport the dust to c~olter;Hon .systems equipped with high efficiency particulate sir filters ~{HEPAj. HF_PA fil#ered vacuums and tools; Submit manufacturer`s certification that HEPA filtQred equipment wnfarms to ANSI ~8.~, 3.5 i#OU3EI~IrP1Nts A. ilAaintain surfaces as free•as prac~ica) of aoGUmulations of paint and oanstrtrction itebris with paint. B. Clean floors "and surfaces at end of each wQrk~ shill. Use iEl~'A vacuum a#~d wet gleaning methods. G_ Do not use ~Y orwet sweep,.shavel, or brush except where vacuuming or other method have bed tried and do not wgrk. 3'.B DISPQSAt. A• Contractors shall txx't#ect the. regional EPA, State, and local. authoritles~to determine' lead cxrntamimated debris disposal regrJirements, The requirements of the Resource Conservation and Recovery Aat (RCRAj :and IEPA requinarnents shall ~ compl""red with. B. The OMmer'S rapresentafiive.coller~ed representative antlcipatesi vlraste stream samples to determine.if painted cflmponents are reegulated unc#eF RCRA, 40 GFR Bart 261, The representative :;amp%s~ indicate chat the anticipated waste shams from the bEalldltlg ar.$ riot oonsider+ed a hazardous vir~gte scoorcfing to R~GRA: Tfie anticipated waste stream samples were analyzed and are not considered a hazardous waste using the Toxicity Cheracteris~c leaching. Procedure (CC1,P) for determining if a lead va~tamraated material is covered under RCIZA. If the TCLP determines that the lead t;oncentratlan is 5 parts;.per million (5 ppm) of greater, the waste is regulated: by RCRA and IEPA C. ~ Contractors shall conduct additional testing of representative t++rastes to determine if rnoterialS are r~egulaled under RCRA, ~l0 CFR Part 281. Contractais shall use the Toxtcxty,Characteristia I..eaching Proneclure {TCL#~~ to detenrpne if a lid ccrntarrrinated material is covered under FiCRA. If the TCLP determines that the lead conoentrafivn is 5 parts per m11Hon {5 ppm) or 9reaber, the waste is regulated by RCRA and IEPA. The owner may ats~a take and analyze. sarriples. . d. Contractors shall dispose of ncsn-hazargous.solid waste {as determined by testing] as follows: Section U2~76 ~s Bureau Yentas Pro}ect Tto. 340x8-DU;B725.o1 ¦ 1. Solid waste which has be®n evaluated and determined not to be hazardous can be tliaposed of in a t;D landfill. 2. V~ste shalt be transpar#ed to s landfill in covered vetiides. l3esidentlal or commercial .trash rotlection services shall nit be vssd without approval .af State or loci! authorities. 3. If Contractors subcontract the remavirxl vf~ lead-containing waste= Corrtrac~ors shall ensure. #hat the company remouing the waste rnateriai adequately covers all loads to ensure that ne dust or dsbi'i5 is released. The subcontractor still be~infiarmed by Cflntractors of~the presence of lead. Cantractars shall dispose of hezau~dous solid waste {as determined by testing or pr~esumptiar~s) as .follows; i . Corrtractars will~comply with EPA and QQT regula#ions. for containers:. Qontractors shall c~orttact tfie state afld Iocal:autharitUes to dotermine~thelr criteria for cardainers. The more ..stringent regulation shall apply. 2. If tyorrtractors are not certified hazardous waste transporters, a contr~t shall be entered into with a certified tr2rnsporter to move the waste. Caontractors shat) require'fhe. Certit3ed hazardous waste~transport to tallow RCRA rxagulatron. 3. DC}T dasa 9 shipping 6abels shall be applied to or lxs printed an each packaging of lean- contaminated ntatsrials which is being shipped by air, exceeds B6 pounds {3D KG), or is smaller but does not have inner packaging up to' 11 pounds (5 kg) each in the str~g eater packaging. 4.. Temporary storage of seated double +taritainers of Lt3P waste dutsfde the decarrtamii>aiion.endasure. Afterihe seali.d double containers have bin passed out aF the deccxitaminatian ~Endosura ar the carrtainmenf barrier, they shall immediately be placed in a cart approved by the Owner. When a sufficient number e€ containers have accumulated, and no more #han 'l5 minutes after loading the~first container gnza the cart, the cart shalt be tafcen to a specified transportation vehicle ar a designated hotdirg area anki.the containers shall be placed.titerein. Eacl~i vehicle transporting lead-carrtaminat~# wBSti; shall be martkeit witff LBP danger signs duriig loading and unioadir~ of the waste. F. Hazardous waste rnanifesis: ~ . tlpan submitting the hazardous tincaste manifests for a'shipment of ieadTciantalning waste to the. Ovvrier for signature, Contizactors shall make available the trar?sport.vehicle and the lead-contaminated waste packages fie+r inspection by the Owners Representative sv that the Ovmer`s Representative can chs~k far significant discrepancies in the amount of waste (for example, number of bergs tir drums, or voiuine of~waste) and ~iits condition t'for example, whether' ihe~ begs or drums appear to be sealed and trot leaking). 2. Hazardous waste manifests signed 6y the Owner, Contractors, and the ~initia! transporter shall be provided to the Qwnervfien lead-contaminated wanes an: removed. from the f~ility propertil. S. Completed waste manifests) signed by Contractors, ail transporter{s), transferor(s), disposal andfor conversion fac"tllty("res), shall be provided ta~the Owner's Representative S$cgon {f2(f/5 29. Bureau VgtFiar, Project No. 9A00'B-f3Dg7ZS A~ within 30 days of the time at Vvhich'the lead-contaminated wastes are received at the disposal faci~ty[es), ~n+hich shalt b$ rtc longer than 40 days after the w~#e was accepted by the initial transport. No payment request application will be processed without the submittal of the above irtforrnation to the Owners Representative: G. Contractors shall:. , 4. Properly trar~Rort, #reat„ sfone,'and depose lead-tinntaminated waste 2a~d other hazardous wastes generated in senorriance with the' contraEt and al[ applicable. regulations. 2. Noti#y.the Natiarxai Response Cerrter (8D0-424-8802} ~tf the release of a repartab~ quantitlr of a hazardous sutsstartce generated in accordance with the contract x(40 CFR 302.4 (Tablej, X02.6 {a), (b})- 3: Hold ttie t?-I and the sJwner's Repres®nfative harmless from anll release or threat of release following its actanee of any hazardous-substance generated in accordance with thecontract (CI=RCIA sections 4D7{20j{B)(I)., 'f07(aj(d~}, f~}, (e)). ENb QF SECTit)N .~cunn o2o7s 3~ Bureau Verltas Project 1Vo. 34QUB-a087~:Q1 Si=CTIOi~ 132$.1 Lf,?AQ-BASED PAINT ABATEl411ENT PART 1-GEi~ERAL 1.1 SCOPE A_ Certain. building. materials are kncmm ar suspected #a fee cva#ed with~or ccantain lead-trasecf paint (I,BPr. These materials include, but are~not limited to painteci~or coated surfaces {including interior and exiselor walls. steal beams and columns, and electrical condUii}; - Prier io demaii~on which may disturb feed-based {iain# in poor oandition on fhe Interior and~exterior of the buildings; the damaged LBF must be staiHlized {eiittierremoved,~orpair>ted over:and sealed} in a manner sufficient to prevent the release of 1.8P #o the erwironmern during demdf~ic~nactivities.:This- specification-section addresses work practices and proc~adures to be foflouved during abatement of the LBP in poor oandition. B. Contractors sfirail #ake net~ssary preputions fo prevent ar minimize the release of Lead in the faun of dust,. fw~rrt.s~ar mists from lead-car~aining building materials into the air oconta sumwnding environments. Ccx7tractors shall inform all workers and supetutsoryi personnel who lnrili beat the job site of the potential hazards of lead and of neck precautions and hvuselc~aping procedures to reduce#he~po#entis~l fur exposure in areas where lead is khown ar suspec#ed tD be present. C.' Contractars>shall ise fully responsibfe~tar carhpliance with Federal Occupational Safety and Health Administration {FedlpSH~4) standard contained in Tifie 29, Code. of Federal Regulations, fart 196.62,-Lead. The regulations have established necluiremen#s, including persot?al air monitoring, whenever any infrnmation, observation, or calculation indicates potential ~mpfayee eicpostar~ to Iced. if ~ho+:ertirrte-wei ~ . 3i] ml 9 a?rer~e } expvsu[es~e~xeed the action level of grams of teed per cubic meter ttt' atr tm9?m ~ ; Contractors' must cgntinus to conduct per;ed+e air tnnnitnring at specified Ihtervals; and institute medical sun?eilianae and ooinpretrensive #raining programs. If the t3-hour TWA permissible exposure lirrrit {PEL} ~+Df 50 mglcn3 for lead is .exceeded, more strir~gent'and additional requirements become effective, arch as engineering controls, respiratory prptectiDq, regc~iated work areas antl warning signs in lead work~areas: 1.2 RELATED DOCUIifIENTS Qrawings ~d general provisipns of Contract, including but no# limited to, Gensrdl and Suppiernentary Conditiciis artd other 3peoificativn sections, apply,ta wortr ot'this section, 1.S WORKER PROTECTION R. For all tinrork on painted building cornpenQrits ~ this project, Contractors shall provide, at a minimum, the foflo'wing for employees der ~9 CFR '1926:62, Lead:. 1. Respira#bry protection. uas:oton 'r328t 31 Bureau Veriias Proyeot No. aaogs-aoari3.dt M Protective clothing. 3. Clean change areas. Clean hand washing faCili#ies. 9. Biological monitor~g to agnsist ~ blaad sampling and analysis for lead and zinc protoporphyrin Eeveis. S. Hazard communication training, B. Prior to start of the jo#a Contreetor~shall establish and implement a written eompbarxe program to achieve compliance with 29 GFR 9926.82, Lead. 't,4 CONTRACTUR INFi?RMATlON Each. Contractor wnridng on lead-based paint surfaces i~ required to pertonn the work in accoraanc~e wi6i 29 CF'R 1928.132, Ladd. 1.S DEhINIT1ONS~ Rl~hEYANT TO I.I:AO-BASiwk1 pA1NT A. Action- Level; Errrplcyee exposure to at airborne contion #a lea# of 30 micrograms per eu6iC meter of~air {30 uglm~} caicuiatssi as~an t3-hour time-w~gh#ed average i; IWA~. B. Breathing Znn~e: A hemisphere i~arward of the shauldars with a radius of a~aroximately 1S to 9 inches. C_ Demolition: The wieaking or taking out of any bu"~Iding component, system, finish or assembly of facility toge#her with ~aray rued handling operations. D. Health and Saf Officer: The health and. . ~y sate~y offiper. shall bean individual capable of identifying hazardous or dangerous conditions. The individual shall'have.experience in tfie construction industry, formal Training and experience in safety and health; ,Such formal training shall include•at a minimum, completion of a lead awareness coarse. E: Industrial Hygienist: Industrial hygienists shall have the fallowing qualitioations: currerrt aertifrcation by 111e American kZoa~ r>f Industrial Hygiene wi#h field and. sampl'mg eXperieno$ in the t5ranstruCtion industry; or hold a Master's degree from an aYxredited cdlege or universl#y in the field of taiologieal sciences, chemistry,. engineering, the envir+anman#al sciences, industrial hygiene, physics, ~toxicdogy, or a' t~elated field and haVe.at least twa:years of full tlme axperlence as an industrial hygienist, lnduding.field and sampling experience~in-the constnrction industry; or hold a Bachelor's degrrr~ in the feld of biological sc~nves, chemistry; engineering, the environmental silences, industrial hygiet~te, physics, #oxir~©togy, or a relatscl field end have at least three years. of experience ss~an indu~triai Hygienist, indtadirig field and sampling experience in the eonstructicn industry. F. Lead-teased paint: paint cpntatning greater than 1.0 mglcm2 or 5,000 parts per mitlloi~ lead. G. Permissible Exposure Level ~PELy; Etnploysr shall assure that no employee is exposed to~ Ind a# eonoentrations greater than fifty micrograErrs per cubic mater tsf ai? {50 rtglm~ calculated as ~an 8 hour timer-vreighted .average (TVIIA}. SRCtIOft 13281 3? Bureau 1/etit~'s Pnp~ecttJp. 340Q8-008725.Qi H. Time Weighted Average ('11iVAy: The•average exposures #o ~ contaminan# in air during a specific time period, usually eight hours. 1.6 RELATED DtaCtlMEti6'fS A. Contracc~ors shall comply with the requirements of the OSHA.Lead~in Canstructfon Standard X28 CFR 1928.82} of the U;S. OecupatianaJ ss#ety and Health Administration (OSHA) and any.vthet appiicable:iederal arst~te laws. @. t?ther StatelLocal Requirements: Contractor shall comply with- agencies that gvdem lead based paint work or h"euling and disposal of ti~ste materials: 1. Title S, CCFi, Section 1532.1 Lead, Subchapter Construction Safety C7rtters, Article 4. Dusts, Fumes, Mists, Vapors, and Gases" 2. Tttfe 17, GCR, 35tJt)1 Calif~omia Department of Public Health, Department of Health Services 3: US IAA Region III 1.7 AIR IIII~NCfORtt~IG A. All air m~itoring and analysis musi~ be perfrrrmed in` accorriar>ce wick, NIpSH approved methods. 8. All air monitoring and analysis wilt be subjec# to the approval of the Oumer's.i3epn:"sentative. C. The Owner ar the Owner's Representative accepts nv r+=sponsibility far Ce>raractor's sntployee monitoring and is held harmlrssfrom arty ~legaf ac#ion taken as r+esutt of the monitoring. D: Contractors shall performemployee lead ~exposurt3 monitoring to determine if any employee. is exposed to lead 8t or above the action teUSJ. Contr,~ctors shall ct~llect personal samples ~t~ia# are representative; of a fi~i work shift including at least one sample for each job classiflcafiflrt in each work area for each shift,. or for the shit} vrith the highest exposure level. 1=. Full shif# perseinal samples shall be representative of the manifored employee's regular,,daily exposure to lead.. G. Contractors may ug'e data frcarn past pnijects-within the past 42 months doting work operations cvnduet®d underworlcplace3 conditions simll~ to this project.. H. Worker exposure samples shall be c:ol[eirted in the breathing zones of workers,perForm'ing'tasks impeding L8P in sufficaent~rtumbers to permit w3s6mation D'F peak and TWA Et<posui~:s. t. At a mlrumum, a# least one sample firer eadi job dassifrcatiixt an worker with highest exposure pcotenbial is require..d in eae,~work area, par 13 hour shift. J. SubrAtt air sample re=sults on a weekly bests to the Ovmer's Fteprasentative. Air fulvnitoring Frequency $eCdpn75261 ~ " 8ur~au Verit~s. Protect No. 3~06.00e7?5.el1 . r 7 , less than the C?SHA adlan Level NotwrtE~r monitoring requln:d unless~change of.equipmer?t, or method personnel occurs. 2. Af ~ above the OSHA acction levy, btu less than the PEL: Monitor at Ieast ev@ry siX morrths, tmtil two results, collected apt least 7 days apart, are below the afc#ion level.. 3.. Greater~than nr equal to the PEL: Monitor st least every three rr9vnths, until two results, c,~llected of least 7 days apart, ire .below the PEL. L. Notify t]uvner's Representat+ve of employee exposure tv lead at or above the OSHA action level of ~o ug~rn3 of air outside the lead caontrolarea. M. Monitoring and analysis shall have an accuracy of not less than 25'9 far airborne rxincerltrations of lead equal tcs or greater than 34 uglm3. 9.~ MEDICAL SURVEILLANCE , ~A: Contractors shall. institute medical surveylance in~~accordance vritii the Lead Standard. 8. All medical, procedures required by this program shall pa provided by the:Contractor atria cast•ta #he.employee. C. Medical surveillance does not replace er~posure monitoring, rather it is~.a method of v:Erifying that workers.ar+e not being advets~y irrtipac~ed by lead despite low airborne ©ancavrtratlons. Rr±sults from. any medical testing strap: tie submitted to the owner's R®pnasenfa'cve. . The medical surv~Uance program must be overseen by a licerrsed.phy5ician. It is recorr>rnended ihat an occupational physioiarr, board certified by the American Board of Preventive Medidne; over~ee'the tnedlcal survelAanoe..program.... 1.9 WOIRKER ir`icPOSURE ASSESSMENT . A. The employer sh~ail ratify each erriployee in writing oFtheir biological monitoring results within 5 working days of receipt of such results. Employees with tilaad-lead levels .greater than 40 NgJdl shall tae nvti~ed of their right to medical removal protection when their Mood-lead Levels eXr~eed the criterion defined in the Interim-Lead 5fandard. The standard requires that biological mon'~toring occur aC~the follovring fnaquei~wy: i. At least every tw~a months forths first sire ninnths and every six months fnereatfer. 2. At least every. two months far those workers whose last blood-lead level was at or above 40 µgldl until tnva consecutive blood samples indicate ablood=lead Ievel below4~ pgldl, artd 3.. At Least monthly for any worker who is remoued from exposure to lead due m_an elevated blovc~lead level. S@C6bn t3ZSt Bureau YBritas Project NQ. 34~D8-o0872S.41 4. An Increase of 1Q }tgldl from one test to another shell trigger a work. site evaluatiixut by the health and ,~fety officer and the industrial hygienist to identify problem areas and implement approprtatQ control. measures that effec~vely reduce blood-lead levels to less than z~ ~grdl. _ 5_ If at~any time during testing, ablood-lead level of 4~ pgldl or grater is detected, the employee shad be exam[ned by the oo4upaitonal health physician. Such ~an employee shall havs~ nlaod-lead tests at a frequency of every two weeks until fwo can$ecutive tests indicate blood-lead levels squat to or below 3Q pghii. ti: Cer#~ad gopies of all blood-lead level results 5hiall tie submitted to the Owner's Represerit;ative nolater than.fivodays after r~eipt. 7. .A nlediCal exam must be made available at least artnually~tc any~worker for whom a blood-lead sample was found to be at or alwve+t0 iigddl during the preceding 1~~ months. B. Air monitoring. Personal air monitoring is one means of assessing worker exposure to lead dust and~fumes. In general, air monitoring Is conducted in orderto determirte.the~rang~e.oflead eoncentrations~io which workers.are poterrtiafiy exposed whet .performing. diffErent tasks andiar to measure the efficacy: of c#titrals• in reducing airborne concentrations of feed. C. 1Neirkers must receive notiBca~on bf resuft~s wi#h~in'five wo?ktng days after completion of the assessment VNhen exposures are greater than the PEL, employers mast provide. mitten notice to wortcsrs as to how#hey flan to reduce:ezp~iares. D. Collect multiple randorsty colleotecl air samples oy~r time far each job classification. 1: For the purposes of devising et'Fedive control straiegfes for the peevention~ of elevated blood-lead levels. 2. Ta characterizework -tasks atxi areas to which workar~s with elevated ~talood»lead levels can be•assigne~d to reduce their exposure ta~airbcrrte lead .particulate. Ta assess exposures during work.tasks where increases in bird-lead test results indicate a problem. 4. .T6 assess-any change in operations or proceduros that may affect.expasure levels. 5. To detarmi~ effectiveness of engineering con#rols. 6. Ta assist In tl~e selection of respiratory protection. E_ Provide initial blood-lead monitoring for all wogs who will be required to enter into the lead work arm. f. Contractors shell ensure that aA physiciansconducting blood monitoring .shall leave aN samples analyzed by an OSHA approrred lab that has demonstrated proficiency in blood-fetid- analysis, ~SB~Gf1 13287 35 BGr~u Verif~s.PnnjettiVa.340U8-0(+8725.07 1.70 LtVORKER TRAtNII~ A: Train all workers about the.dangers inherent in handling lead ktased paint and breathing lead dust and ~ proper work ppocedur~ and personal and area protective mt:asures'in accordance with 29 CFR 1926.62:. B. Training shall indude the fispowitlg infairination: 1, The p~urpnse, proper suction, flttir~, use, and limitations of respifstors_ 2. The purpose and descrlp~on of mtxttcal sunr~iAance.and medical rernaual protection including the health effects df lead. 3. engineering controls and work pradloes associated with the employee's job assignrnerit including`training on work practices #kiat rEduce lead exposure: 4. Medical surveillance. 5. The aaun of potential lead exposure asst;Icl uv~th specific tasks. S. 1Nntk which rauld generate lead to air6ot'ne levels above fhe action Ic~vct_ 7. House~ke~ing and engineering controis to keep lowairbome level tow.. 8. Employee's righ# to a copy of the standard and its .appendices. 9. 'T'he contents t~f the Compliance Program.. 14. Instructions that chelating agents should never be used exvept under the direction, of a. licensed physician and never.as a mukine method of removing lead from the body, 11. The right of employees and their designated representatives to exposure sod medical records in a tirnely~manner. '1.1'1 QUAktTY ASSUtZANCE R. Health and safety Qfficer. 1. Cpntractors shall designate a' ht.alth and safety~s~fficex, not the. prcjeet~superintendent, to ensure that the compliant:e prt}gram is implemented on a daily' basis and that all work conducted on site is in compliancx~vv~ the eomplianoe program. 2. The heal#h and safety oTficerwill be responsible for maintaining A log of all personnel entering Work areas with potential lead exposures. The log shall include~the Warne and social security number of the individual the Gate, the Ome at which they enter arxi leave the aC+aa, the~taskljob being pert'ormed ans>i exposure monitoring date, if any has bean csillec~ed_ 3. pevebp and oversee the ~implemerttation of a respiratory protection p~Jram. .$etxiorl 13281 3p Bureau Vedtss Rroject No'. 3~DS-U087~Oi 4. .Review btaod-lead monitoring results as~necessary with the pt'rysician in ortter fio assess the efficacy of oontrois. (Placement of workers with elee?ated blood»1>mad levels sf~ould be leased on ocltaboratioh of the industrial hygienists, t~a{th and safety °offrcer, physician -and eortb'a~r}_ 5. L)evelap and conduct a sampling, strategy that. includes personal .air monitoring. 6.: The health and safetyr officer mitt be or4 site~at least once a week during activities which have been associated with Dr can reasonably be expected to ai+eate lead.exposures in excess of 30 Nglm. 7. The health and shy officer rvilf be on stte rYtore~ftii:quently at~tFie start of the projector when site conditions ar wrork practices change until exposure man'rtoring indicates that exposures: are being etTedlvefy controfted. An el~vstian greater than 7 f} µg~dl in worker blood-lead levels~will prompt more frequent site visits by the industrial hygienists urrtil corrective measures have successfuNy reduced blood•i~ad levels. 8. AA informaticrri collected by.lhe:Iiealth and Safety Officer shad be submitted to the [hivner's Representative for review. 1.12 RESPIRATORY PROTECTION FOR WORK A. Tasks and the presumed exposures which must be rrontroiled for ate as follows: 1. Pratecti~ must be based on exposures between !i0 µglms and 5Q0 µglm~: lillhere lead c~oatings.or paint ate prei~pnt anal the foUawing tasks.are ocxurririg: r>aanual demolition of structures, manwat scraping, manual sandEng, heat gun appiic~itons, paver #ool cleaning wit#~ dust:coltectian systems. 2. F'ratedlvn must be based an exposures greater than 3t)D t+gt3 when: a. using lead-~oriteining mortar b. lead i3uming, 8. Protection ritust be based on exposures greaterthan 2SOQ µglm3~wktene lead-containing. coatings ter paint are present and the following tasks are being performed: a. Abrasive blasting b. Welding c. Cutting. anal torch. burning 1.13 RESPIRATORY pROTECTiON PROGRAM A. Contractor shall implement a. respiratory protection pn~iam In aprordance with the provision of OSiiA. Section 73281- 87 >;~~eau vex Praje~t i~tn. aaaoe-aosTZS.a~ B. The minimum respiratory protective equipment shall be selected based upon ttte task theca virarker performs as specified in 2@ CFR ~F9~$.6~(f} Respiratory Prater ion. C. Contractor must supply workers with respirators that are Ir1.IDSN and MSl-iA oertifiied at no expense to~ the worker. D. Except to me extent that more stringent requirements are written directly into the Contract l7oc~ments, the follou~rNng regtiiatians and standards har?e the same f+rrne~ and effect (and are made $ part of the Cantraet. pocumertts Eby reference} as if copied: directly Into the -Contract Documents, ar as if published espies were taound herewith: Where there is a conflict in requirements set forth in these regulations and standards, meet~the more stringent requirement. 1. Cr~4 Campnrsated (3as.Associatian, Inc., New York, Pamphlet G-7. "Compr+essed Air for .Human. Respiration",.and. Specification t3r7:1 "GQrnmodityr Speafieation for~lir'. 2. AN51 - American Na#ional Standard Practices for Respjra#ory Protet~fon, ANSI X88.2- tg8b. 3. M5A - MEne ~5afety and Health AdminfsUation. PART 2 - PRDDl1CTS ~.1 PRCCy'TTECTIVE CLOTHING Q. Prpvide the following;. 1: Protective clothing and equipment w~h provfsions far cleaning them in aixordance with 29 ~CFR 1926.82.8, protective Work Elothing and Equipment, 2_ Clean work Clothes must pe provided at least weeicty to alPemplayees whose exposure ]a?rels ors above the PI3 and deity to th~osc. above•204 µgfms. 3, Replace or repair damaged protective ctothitd~ and equipment: 4. protective dotiting and equipment must be removed at the completion of.a work shift only in clhan~e a'r+eas provided for That purpose. 3. Gonlarninated clothing is #a be cleaned. laundered, or disposed: afi as lead=Contaminated waste. 6. Da not remove lead from protective clothing ar equipment by any means that wip put lead into the work area, such as brushing, shelving, blowing, or using a regular vacuum leaner: 7, Do not wear outer protective clothing outside of the work area. tf. Workers shaA be allowed suffiaent pre: job preparation time to change into pratectivtr .doming and sufftaent dear]-up 3irne ea part of the walk day. . uer~on i3Z81 38 Bur~eau~Veri#es Project Nu..34Da9-00B~25.A1 2,2 AIR PI~RIFYING FlE5PIRATDRS A. Filter Cartridges: Provide, at a minimum, HEI~A type flkers lebe~d with NIO~H and MSI+f}1 Certification for "Radionuclides, Radon Dauglrters, Bust, i=urYt@S, Mists, inclgding Asbestos- Containing Dusts~and Mists" and oolorcoa~ in act;ordanoe with ANSI Z88,2.(19i30). In addition, a chemical cartridge section -may be added, i# required, .far solvents, etc„ in use. In this case, provide cartridges that have each section of the combination canister labeled wltti the appropriate -color code and NIOSti1M5HA Certiticatiort. t3. Non-pemtiitecl respirators: Do not use single use, disposable or. c~rartet face respirators: PART 3 - IXEGIITLON 3.7 GENERAL A. Each Contractor wortcing on lead-tx~ntaining painted.surfaoea shall #ake necessary precautions. to prevent or minimize the release of lead in the~farrr~ of dust, fumes or mists from lead-containing building materials into the' air Qr onto surrounding envirtmments. Contractors shaW inform all workers and supenrisary personnel who wl~ beat the job site of the potential hazards of lead arcei of necessary prer~uti.~s and fnousekecping procedures to reduce the pote~iat for expvsurg ki areas where lead is known or suspected to be present. 8. Each Contractor working .on lisad-containing painted surfaces shall be fully fes~nsibie for compliance with the Federal Ocdupatiorral Safeky .and Health Administration {FedIQSHA) . .standard contained in Title 2$, Code:of Federal Regulations; Dart 1926:62, Lead. 'C. Lead Abatement Contractor will remove ar seal damaged LBP on fhe interior andfor e~tery~or of the buildings as identified in the.scope of wprk and~as awarded, The Contractor shall ~r$vent the dispersion ar release of le2id dust, fumes; arsi debris tr, theenvironment. 3.2 RESPIRATR3IRY PROTECTION A. Respiratory. Protection Program: Corftply with ANSI ZS$~ - 1JSA "Practit~ for Respiratory Protection and OSHA. B. Require that _a respirator. wom by anyone i.n a work area during. a period that starts with .any operation which mould cause disturbarue ci' lest! and until leadconcentration levels for 8-hour TWA are below the PEL for sacft ~tiuity, or until #te tituorir area is cleaned and lead related work. is corr~lete. C. t]o not a11ow the use ofsingle-use, dis~osabie, or quan;er-face respirators for:arry purp~se- Perform at lelast~quelitatnre fit testing orr, ail rtegati?re-pressurie halfmask respirators every twelve X12) rnonttrs. A guanEltatirre ftt test must'be provided every twelve t'i~) months foi- any types respiraror: 1. Upon Each Wearing: Require that each time 'an air puriiyir~g respirator ~s put nn, it be ~t~ked for .fit Frith 'a positive and negative pressure fitcheek in accordsnQe"with the rnanuEacture~S~ insiructiQns vrANS1 2813:2 .(19130}. 5e~tfan 4~8t ~ . r3u~au Verltas Project No. 3400.8-00$i~5.01 3.~ HYGIENE FACILJTIES ~tND PRACTICES A. Hygiene Fartiiities. Wash down must kae equipped wi#h hot and cold VtiBter. Use wasttdown at completion iaf each sESift of wonC and at bt+eak #imes through the shy. ti3. ShOwe>' faGlltyl~IS rQgUlrBd VYhBre ~JCpOfiure i5 50 N~nf3 Or greater. C. Provide s clean~area for~eating, drinking, and smohtng. 3.4, POWER TOOLS All power taats used for paint removal shall i>e equipped with vacuum shrouds which capture fie dust at the point. and time of generation, and transport the dust to crrllec~irin systems equipped with .high. -efficiency particulate .air flkers (HI=i~Aj. HEPA filtered vacuums and toots:Submit maneifaoturer's certfication tha# HEPA filtered equipment cQnfarrns t©ANSI X8.2. 3.6 HOUSE KEEPING A. Maintain surfaces as free as prac#tcal of~acpumulations of pairrt.and construction debris with paint B.. Clean floors and surfaoes.at end of each shift. tJse HEPA vacuum and vretcleaning methods. C: Do riot use dry or wet sweep. shovel,. or brush: except where vacuuming cr ether meethod have been teed arid, do net work. 3.B DISPOSAL. A, Contractors shall corrtact~the re~ivnal ~P14, St~z, and local authoitities to determine lead- cx~ntaminated debris disposal requirements, 't'he nepuirements of the Resource Conservation grid Rectivery Act (.RCRA) requirements shall be corrrplied with: B: The' Contractor snail tae. responsible for dassitjliitg the waste stream. If the TCLP determines filet the lead concentwtion is fine (5) parts-pet millipi (5 ppm) or~greater, the waste is r~sguialed by RCRA. C. Contrac>JOrs ahail dispiase of ~eeciai waste (as determined by testing) as. fellows: 1~ Fact~ge the paint chip samples in leak: #[ght containers. 2, Waste shoal tae t~ransportegi to an approved landfill in covered vehicles far disposal as a special waste. 3_ If Contractors subcontxaet the r~emorimg of LISP waste,. Contractors snail unsure that the coi»pany removing the waste material adec}uately covers: atl,laads #a ensure gtat` na dust or dabrts is released. The sulacontractar shall be irtiformed by Contractors cf the presence of lead. D'. Contractors shall dit3pose~of ardous~scal'd s{as determined fay tes#ing`or presumptions) as follows: 5.ectlt~rt~ 13281 ~o E3ureau Verilas~Project TJn. 3~M1008.008725.Q1 r 1. Contractors will be required tar compty~ with RCRA and applirak~e IEPA and local haz~dous +ntaste Gegulatinns. 2: Ouvhcr has an EPA hazarc#sus waste generator dentiRcat~n number from the $ppropriate Regions! EPA ofi`ice: Contractors will comply with EPA and DDT regulations for containers.. Contractors shall corlfact the>state and local autharit~s to deYenriine their criteria for~containers. The more stringent regulation shall apply. 4. If Contrar~ara era not certified hazardous waste transporters,.. a contract shall t.~ entered iota with a certified transpor#ertomQVe.thewsste. Contractors shall rerluire the certified hazardous waste transport to tallow. RCRA regulati~. i]QT class 9 shipping labels shall be applied to ar be prir>ted on each p~aaicaging of lead- contaminated materials which is being shipped by air, exceeds 66 pounds (3d KG}, or is smaller tiut tloes not haze inner pacdcaging up to 7.1 pounds {5 kg} each in the strong outer packaging. B. Temporary storage of sealed double ctintainers of LBP waste outside the decontamination enclosure. After the sealed double containers have beery passed out of the decontamination. enclosure or the oontainrnent barrier, they shall ~immediat~y be placed'in a cart apprraved by thQ Dvaner. When a s~afFiaent number of Containers have aecumulated, and no more thane 15 rntnutes after loading the first container onto ills car#, the cart shag betaken to a specified transportation~vehicl® ar a designated holding area and the containers shall be,piaced therein. ~SCh vehicle transporting lead-Contaminated waste shall be rrtarRed with L.BP danger signs~during loading and .unloading of the waste. E_ Hazardous waste manifests: 7, Upon submitting the hazardous waste manifests far a shipment of LBP waste to the Owner for signature, Contractors shall make available the transport vefuicle ~rrd the lead- cdritaminetedwaste packages for ir>$p®ction by the t~wnePs Repr~esentatiVe so that the Owner`s Representative can checf€ for significant dis[~epanoies. in the amount of waste (for exairrple. number of bags or drums, or volume of waste} and its cxtridifian (for example, whether the bags or drums appear to be seated and not IsaWng}. 2. Hazardous waste mangy signed by the Owr~r, Con#ractors,.and the initial transporter shall be provided to the Owner when lead-contaminated wastes are raemoved from the fadlity P'~ertY• 3; Carnpletetl waste manifest(s) signed by Contractors, all transport~x(s}, transf®ror(sy, disp~al andtor conversion facitity(les).; shall be prrnrided to the Owner's Representative within.34 Jaye of the time at which the lead-contaminated wastes are rer~ived at the disp6sal facility(ies), which shall be no longer than 40 days affray the waste was acoeptad by the initial transport. No payment.request aAPlicalian will be processetf without the submittal of the above information to the Owner's Representative. Sec~ron 4~28'I ?49 6urea~ Veritas Project Atw. 34fl461-008725.41 F.. Corftrackars shelf: Properly transport, treat, sip, and ~s~se l+~~d-contarnina#~i waste and other hazardous was#es gener~ed in accardanoe'wifh the contract and all applicable regulations. 2. Notify the Naticnai Response Center {8ix1-424w88p~) of the release of a reportable quantity of a hazar~us substance generated €n accordance with the contract .(4(}. CFR ~a2.4 [t'abie], ~o2.fi (a}, Ib))• 3. Hold 0-I .and tt~e c7wne.~s Repressritadve harmless from, any. release.: or titreat of release following ~s ep~rtCS of any hazardous substance generated in accordance with err contract (CEI:tCLA sections "101(20.)(8}(i), 907(x)(4), {6}, {e)). ~N13~ of SECTION ' 5eCUan 4~28q 42. euseata uerites Psojet3 No. 3!4UD8-00872b.01 u N $EGTIOAI 13?~2 A36ESTOS. AIBA~11JrJ~tT PART 1- GENERAL A. Refer #o Section 07 010 for material •descrip#ipns and quantities, 1.1 SCORE OF WORK A. This section inGudes aH work necessary to remove the asbestos-corftainir~ materials {ACM} and asbestos=containing cansln,rcbari materials {ACCM) ideriti'6ed in this Project Manual. 'flte work includes selective demol~lon as necx~ssary to aeross ACM and ACCM fior removal including, but oat limited to: dismantling of cabir~~ and callaction rsi`trasn, and staring these itisms~on site; dismantling of non-structural building cornsponents; .elements and tnechanicai systems; removal of finishes; dema6tion of painted sur[aaes, which are assumed ~ contain lead necessary to ~fe.Ey perform the work. Ap asbestos removal and .disposal work shall be performed ~rrr accordance with [1S£PA NESHAP, Cal-OSFW, and South Coast Air•Duality Management District.($CAQMD) regulations, S_ -The Contractor shell famish all labor, materials, sErvices,. #raining, insurance; and equipment as needed ta•compietely remoue anal dispose~af identifledosbestos-containing rrlateriais. The Contractor shaA folla~w all Federal, State and local ordinances, r~guiations ar rules per#ainirtg tc,: asbestos, including its storage, transportation and disposal. 1.2 Ab~ESTOS SURVEY IMFQRBiWTION A. Asbestas~testing was ccxlductied ttlrough the Uuvrter by Bureau Vetigs North AmeriEa, Inc. A design level asbestos survey was cflr~ducted in June 2008. The,successful bidder vril) receive a ~Py asbestos report priorto the pre-corrstructinn meeting.. 1.3 DEFtNI'I'10NS A. 77 ?~e fdllowing terms. and defiirritians occur in these contract documents: 7 . .Abatement - Procedures~~to control Enter release from asbestas~containing building ma#erials. Includes. removal, enclosurQ and. encapsulation. The scope of this project doe's not include enclosure or in place encapsulation. 2: Air Monitoring -The process of measurtng~#he asbestos fiber content of a volume of air using National institute for Cccupatlartal :3afety and Health (Ni4SH} liflethod 7400 as it pertains to personal monitoring df employees.: Flow rate and sample volume shall. be In accordance with this method. Flaw :rate shall not exceed 2.5 iiterslminute. 3_ Asbestos-COntajr'ting Waste (inciudirig asbestos-contaminated materials, tools and equipment} -.Materials greater than '196 by weight of asbestos, and materials ~cAntaminated vrith asbestos residue. •~eeEon 13262 43 ~ureau~Vertl~ Project No. 3a0D8-0D8726.09 t;ertitied Asbestos Supervisor means an inifividuat ~as defined by TI#Je 8 GGR Section '1529(Js) ahd Title 2g CFR Part 79~~.t'109 (b}. Cass 1 Asbestos Work: Activrti~s involving the removal caf ACM which is thermal system insulation or surfacing material- 'C'ilia ir~tudes #ha removal of asl~sta~s-containing thermal system insulation such as duct iie[#, pipe insu~#ion, and furna4e camporients. B. Class 11 Asbestos Work: Activities involving the~r~emoval ~of ACM which is no#~ttrermal ~systiem insulation ar surfiaang material. This includes the removal of rniscallaneaus asbestos-c~nrrraining.asphaltic emulsions, sealants, #laar coverings,~ronfin~ materials, and mastics. 7. Con#arninate9l Area - A work area ar any other area. of the bupoing with etcher an airborne ast+pstos ievel.equal ta, or~above, {i.t]1 fibersloc or visible uruor?fined deposits of asbestos-containing materials: Decontamination Enclosure System - A system typicaAy consisting of a clash room, an equipment room,.a shower, ~ai1d a aorrtaminatedtequipment room (each separated from adjoining spaces by+~u#ained door+HaysJ, permitting workers, equipment and waste to~ exi# or be removed from contaminated areas without carrying out asbestos fbers fQ unQOrrtaminabed areas. 9. pisposal-Aft procedures necessary tici transport the asbestos-confamir~e~ted material removed~from the building and deposR`it in a~wast dlspaisal site in compliance with applfcabls Federal,.State,:end tacal regulations: In Catifomia, friable asbestas~corrtairrigg waste, oont~ning mo[a than one (9 }percent asbestos mus#~ be handled, transported, and disposed. of as hazardous waste in acxordanr;e with the Califomla: Environmentat Protec#ion Agency regulatian$ catttained in Title CCR. ACCM iontaining one pert~err# or less ast~estas can be disposed as non- hazardous waste. Howeverthe waste dismal facility must be notified of percrrrts of asbestos. in the waste: Cal-OSHA worker'protection regulations for asbes#as would still apply during handling of the waste. 1 Disposal $ite - A si#e pn.viousEy approved k+y the U.S. Environmental Prtrtection Agency EPA}, Stets and total hazardous.waste crontrol agencies forthe disposal of asbestos-containing wastes. (Class I and Class 11 landfills.} Z t. Fiber - As used inthis fiction, 8 parfrculate form of asbestQS.lNhen used alone, it is defined by 03HA in 25 CFFZ 1 g;'6.i 107 (b}, VlR~en used ire "ash,~estos frber, it is defined as by EPA under AHERA at 44 CFR~7fi~. Sttspsrt'E, Appendix A, Section I, par. F9_ t~. Fibersi`cc (floc) - l=.~ers-per cwb'rc earl#imeter of air. 13. Negative :Criitial t=xposure Assessrr~rtt - A~ dgnad~atiors by the contrador ihaf wor{r~ exposurB. during an operation is expected to be taansistently below D.1 fibeNcc. The demanstraUon must meal the criteria of QSHA 29 CFR 49~t3.1101. 1~4. PAT - P%Tiaency Analytical Testing program performed for: NIQSH, with padfcular reference to tiger analysis for asbestos. SBCUon13282 Bureau Verite~ ProlBct~Alo.3AOQ8-008725.[r1 ~r 1 Post abaternerrt Burfar~e Sealer ~(encapsulant, lack down enEapsulan#} - A liquid which can be applied fio surfaaes from wl'iich asbestos has bean removed and which ot7ntrols the pvss)ble release of residual fifaers from the surface by °penetr~ing into the material and binding its compnnen#s toge#her. 18. Regulated Area - An' area where asbestos is, orcan reasonattiky be expected to be, iiisturbed under~tY~is contract, or where airborne caonc~ntrations of asbestos exr~eed, or ears reasonably be expected to eiiceed, D.ti1 flberar~. The work area may take the fnrrn of an-area demarcated ih shy manner that minimizes employes exposure to asbestos. 17. Removal -All. procedures ne~.ssary to remove: asbestos containing materials-from designated areas in a safe manner, sand dispose of#h~ materials et a disposal site. 'i8. SurFacmnt ~ Awetlirtg:agenfia~~et! to water, wh~h r+sduces the surface tension of water, allowing it to soak in to asbestos rnateria~. Swrfactartts a~ applied during disturbance and removal of-ACM to inhibit t'iberrelease. 19. Time. W~gh#ed.Average t"11AIAj: The aye#age exposure to.a con#amiriarit in air measured during a spsctfic time period, usually ~a work shift, adjusted to eight hours. 20. Transport -Hauling of asbestos carrtaininp wastes fr©m the buikii~ to the dis~osak site and.. depasrt o€ fhr~ wastes #herein by a ~trrn currerltfy approvexi by the EPA f~ ttie transporE o€ these wastes, and ~prorisd by any state ~or local agencies having. jurisdidion. 9.d ~CUM1riyT5 INGQRPQi~?TED BY REFERENCE. A. The: airrent issue of each document in effect as of date of the~.proj~t Manual shalt govern. Where Conflict among: requiremen#s or with these specifications exists, the-mare stringent re~rirements shalt apply. B. U.S. Env'ironmentaal Proton Agency{EPA} bietiohal Emissign Standards fnr Hazaedaus Air Pollutants. i;N~Si~PS) - Code of Federal Regukation .{£FR} Title~4(I, part- 61,Subparts A and M. C. EPA t3uidanoe ©ocuments 1. "Asbestos-Con#an~ing Materiale in 5chaol Suildirtgs', parts ~1 & 2, fPA Cf)Q0911, 3-79, Pages 1 and 2. ~2: "Guidance far +~antrolling Asbestos-Containing Mater}als in Buildings', EPA 56pt5=85,.p24. U:S~ Qepar#ment of Labor Uccupatkonal Safety and Health Adminlstratiort {QSHA) R~guiations: D_ American National StendarcJs Ins#itute {ANSn Zk3:2 -Fundamentals Governing the benign and Operation of t_ocal >=xhaust Systems:.. E. tVationai Electrical Code, N&tionol-Fire Protion Association, I~lFP1~170. P. 'Standard far Etectrlsal Safely t~equiremerrts-for Empkoyee Workplaces, NFPA 7'OE. Sedrort132B2 Bureau Veritas Pcojed Na. 3~W08.OO872$:01 G: National. Plumbing.Code, American National Standards institute, ANSI AA4.8. H. State occupational safety and health regulations, where applicable; with special attention to asbestos, respirator, eonsttuctian salty and electrical safety regulations as ated in-28 CFR 1926.11Q7. I. Asbestos Hazard Emergency Response Act {AtiERA},. ~0 CFR Part 7t;8 Sut~part E. Ja AaTM Standard i=1388. Practice for ~suai Inspection of Asbestos Abatement Projects. K. 'The Contractor shat[ asswmetuil responsibility acid liability for compliance with all applicable Federal, State, and local regulations paitaining tc the protection of th8 building environment, occupants, wortters, .visitors to the site. and persons occupying areas adJacent #Q the site. The Contractor is responsible for providing medical examirsa#iona and. maintaining medical records of personnel as required by the applicable Federal, StatB; and lagl regulations; and shall hold tha govemmEnt harmless fqr failure to eamply with any applicable safety or health regulation an the parE .of himself, his employees, or his suboontrectora. 'L5 AiR MONITORING ANII Y[SUAt_ CLiF.AiRANCE INSPECTIONS A. Personal and daily area air monitoring required by OSHA to 29 CFR 1926.9101 is the sole responsibility of the Contractor. The Owner is responsible farthe final visual inspr~ctions and clearance air sampling, The lar3aratory data must 6a submitted tv the Owner's Representative, first verbally,. den imm.+ediately as it becomes available in writing, but n~a~laterthan 2q~ hours after sample collection. B. Laboratory Analysis: An independent Ting Laboratory steal! be retained by~the.ContraGtor for Phase: Contrast Mu;resoopy (PCIIAj 8amp[e an~ysis.. AJl analysis shall be performed by an analyst experieno~i and traineti ih astxstos sampling and analysts. At a minimum,.dogarnentatign of prior asbestos sampling and analysis experience, plus satisfactory completion of the~f+i[OS1i'S82 course or equivalent shah be repaired. Pair sample collection may be performed i,y an Industrial Hygletust ar file Contreator's foreman at:the eoritractcr`s,pption. The Contr-actor shall perfomm sampling and analysis of ar sampfea for asbestQS in compliance with 2tl CFR 7 X26:1101:: C. Sample Docum±~ntation: Documentation shall be kept for each filter sample procured 8s #i? vrorker samples, ~sacial security number, activity; work aura location, date and time taken, volume of air drawn through filter,. pump identification number and aal'ibrraatiarlinformation. Documentation shell indicate in wtirat ar$as tests were taken and shall clearly indicate:#he specified maximum aUawabte ~r levels for each area tested. Report ell data on onpies. of an /~lst~estars Air Sample Data Sheet. FiN in all infgrmatlon~ on every #orm. Submitchain-ai~-cxtstody~.records~ along with all sampies_ D. Analysis Procedures: The sanrples shall be cavltected on 26 ntrrr fitters and analyzed within twelve {12) hrwrs using #lre membrane iii ter method at ~F00-5ClOx magrrtficatton with ~hase~contrast illumination - NIt3SW Analytgal AAethad No. `74fli) foriabora~ory and field analysis. Theanalyst shall-sign and submit permanent recnfids of all samples analyzed directly to the OwneYs Rel?r'~ntative. The Independsrr# Testing Laboratory shalisesl the unused portion atoll fil#ers:in airtight containers so inttividual samples can be re-analyzed at.afa#er date if necessary. The containers shall be clearly labeled with Pray-Name and Sarrrpte Number~and shall become P~~Y ~ the Owner at work completion at the Owneras request. Sedlon i3?82 AB 9uCeau~VerifasPrajBd No. 34008~(1R8725.~'I _ - .~.Y E. ContraetQr's Sampling During Abaterrrerft . Sample ColleEtion:.Air monitoring shall lee pertormed to determine worker e>fpasure during the period of asbestos abaterr~ent rr~ each uvork area. begin samp~ng.when asbestos alaatemsnt removal commences. Samples shall be taEcen wherre Class l andl4r 11 ~wotk is being. conducted during each~8-hoiJrwark•shift ur~il abatement is vomplete. 2. Worker wi#a Highest Anticipated F~cpasure: The Contractor shall defennine which worker(s) ~in each work area is probably experiencing the most severe exposure. This is the "Mast Caritaminated Worker{s).° E_'rght-hour 7WA and'•30-minute ~iccursion samples steal! b~ collected on this warker~(s). Tile wt~rker{s) steals wear a. personal. sampling pump and the samples shall be. dravun from the breathing zone ofthe worker(s). The number Qf air sarnptes~ oellected shall be in accordance with the Cflntradors approved work plan; however, a minimum of two (2) samples per work area shall be collected per each uvork shift. OSHA regwires 25°!a of the workforce to be' moni#ored. Airborne Fiber Coon#s: 1. The Contractor shall mairriain an airtrome concentration at the perimeter of the work area of less the Q_Q1 fibers per cubic: centirrreter of air {floc} tar bacKground, whichever is . higher. If the fiber counts- rise above this figure for any sample taken, wank shall stop immediately- and an assessment of rarnaval procedursss shall- be performed and eon~tive measures taken to lower .fiber courrts: lVatlfy Ovdner`s Rspresentatlve immediat~asy, i3o not recommence work anti the cause of #le high count is corrected and start up Is authorized by the owner. The Chance will not be charged for the cleanup time, materials, 'air monitoring casts or daisy rx>sias•. G. Air Monitoring by winner 1. The Owner or Owner's Represen#ative may perFOnn duplicate personas monitoring, ar area monitoring at the Owner's discretion. Monitoring conducted through the 4]]uvner does not: discharge .the Contractor of emptoyerduties !o perform personal OSMA comptiancg monitarng. 2. Regardless raf whether a structure will be demolished or~not the Owners Represerrtative wiQ monduct clearance air monitoring inside all work ar+aas using PCM rnathods. Clearanoe~air rrr4nitcring will not.be conducted for wvrlc which occurs outside the buildings. H. Cl~anae Criteria: 1. All surfaces~ln ~fhe area must be free from aacumusations of dust and suspect debris. in order to pass visual clearance. Clearance air monitoring will be done using aggressive methods. 3. PCM airclearanoe sampleswill be adleeted inside the~regula#ed areaar~d analyzed by tli~ dwnae's Represerrtative within faun hours of collection. S~o~ 13~28z 47 Blneaa VetilaS Pr~ojed No. 344D8•D087~5.fl9 ~1. In. order for air clearance to pass; all final clearance air samples collected concurren#ly in each containment, rnusi~ indicate concentrations of air tame astfestos fibers below the EPA's recommended dean air ievel of t7.01 Berl cubic centimeter of air. if a tivork area faits the visual. inspection andlor dearance air s8ntpling, the Contractor shall reclean the area at no' additlon~ cost to the Uwrier. 1.6 ACCESS TO WORM AI>tEA A: Limita#ions: Tite Contractor shall limit access. to the work area to trained and qualified personnel, emsrgericy personnel, applicable regulatory agericy personnel, fire Owner's Representative, and authorizert visitc>:s. 6. Equipment; The Contradar shall provide~at Isast two sets~of speafied personal. protective equipment for each regulated area, per ~lght-hour warlc shift fiar all authorized visitors. G. Protection: All Authorized Visitors shall lee subject to the prpuisiansthis corrtract. - 1.7 EAAERG)~FtCY PROCEDURES A First Aid: The.Contractorahall ba ptepared to edmir~sterf~staid to ir~un3d personn~ after decan#amination. Serlvusl~r injured personnel shall 13e treated immediately ar evacuated v~thout decorrtamina#iion if this wiH delay their treatment. B: Contingency pion:-The Contrador sha1P prepare a plan~and train employees in emergency: procedures tics contaiia and dean up spills outside the.vunrk area- - G. The Contractor shall designate a primary Certified Asbestos Supervisor-witty a method of contact 2~i-hours per day: 1.$ BUILDING SECUi;iTY AND PROTECTION A. The Contractor shall post itiamirig signs at designated entrances to worts area and at the perimeter oithe vuork area including, at a minimum, those required by 29 CFR 1926.1'tlll and fire safety regulaticsns, B. 'The Contracor shall be responsible for. warring the site. BART 2 PRDI]L~CTS 2.1 GENERAL A. Detiriery:l[7ellver all materials in their original pacl~ages, containers, or bundles, bearing the name of ttte manufachuer, the brand name. and either Material Safety Data Sheets which pertain to the materials, or a statemers from the manufacturer that the material presents no hazard. B. 5iorage~ Store all matrtrrials subject 3a damage off the ground, away from~wet or damp surfaces, and under cover sutTraent to prevent damage or contamination, SAelion 138'2 48 Bateau Veritas Project Na, 34pA8.0087$5.a1 C. Prcitectiorti. Damaged or deteriorating materials shall'-not be:used and shall be removed from the premises. Materials that torrre r~ritanninated with asf~estos shall be disposed of in accordance with"app cable regulations. 2.2 iUTATER1ALt°i A. Asbestos Disposal Packaging. Paeicaging shall be sullabfe to receive and retain any asi~astaswcorrtaining materials until disposal or conversiQro at en approved site. The containers shall be both air and water tight, and labeled in accardance.with EPA, OSFi,~, SCAQMD, and Ga!- .OSHA regulations, and in acccxdarrce with the provisions of this contrail. 1. Labeling. Padcaging on asbestos-.cant~ining ma#~ial shall be.labei~ in arccrdanee with regulations or EPA {e.g., 40 C-R 61.950(x)(1 }(iv),{5)), '1101(7)(1)}, DOT{e.,g.., 49 CFR 172.400, 172.446; except for limited quantify shipments which are rmE~beirig shipped by air (~19 CFR 172.2Ct3{b), 173.155(p~}, and State or focal occupational safety-and healtl}, or environmental agencies (where ap~icable}. 2. Marking, Packaging of asbestos-containlr~ material shall be marked irr accordance; vtiiith DOT regulations {e.g., 48 CFR 172.300}; except.fpr limited aluentity ~iprnertts {49 CFR t72.301(fy(1}.). s. Warning Signs..Signs shall be as required by E=P~4 (e.g., 40 CFR 61.150(c)), OfSHA {e_g_ 29 CFR '1926:1901 tk}i;1){fij}, Stsite occupational safety and ttea[th or environmental agencies (where appilcabte}, OUNVIrR requiremertls, and this oanlract. 2.3 TOOLS AND EQUIPMENT A. Airless Sprayer. Surface; seers shall be applied with an airless or ether low pressure sprayer or injector suitable for the specific application. B. VaCUUm Equipment. Aq vacuurn equipment used for cleaning up shall be HEPA filtered. At least one HEPA vacuum ,shall be equipped with floor (hartt surface and carpet). cleaning atfaehrnents. C, Scaf~oldinglStaginglyadders, Sh®ft meat t~SHA sai'ety regulations, including 29 C:FR 7828.450-452.1Nhere electrical power ~d water are used lnside.a work ~at~ea, na electrically conductive ladders (e.g., aluminum or steel} shafl,be used {except far hinges and feet}, D. Transportation Equipment. Shall be suitable for loading, terr~orary storage, transport, and unloading orasbestos-contaminated materials ~w~haut exposure to persons or property and shall be currently registered with the Slate Qartransport of hazardous wastes and tie ~CUn~entit+ certified by the Stete fur vehicle inspection.. E. Other Toots~and Equipment; The Gontractar shall furnish ail equipment such as lumber, nails, ladders, HEPA rraouums, and hardware~and swp#riies, which nay bs required to construct and dismantle the. dec~ontaminatiorrareas and the: barriers That isolate. the work area. Tts~ Contractor shall provide other suitable tools far abaternsnt activities including, but not limited to: hand _ scrapen3, win: brushes, sponges, mops. and.shovals: F. Electrical_ Elecd~iaal teals and equipment shall meet all apptfcsbl® codes and regulations, inducting, in particular. 28 CFR '1911).304 {f) (5) (v}.and 29 CfR 1828.400.4413. Section 13282 as .Bureau Vexitas ProjectNq. 3n008-ODSi2$.07 1. Grounding. Ground fault clicuit-interrupters shall be used focal[ electrical equipment, except to the extent presvlded in an assured equipmerrt graur~lirrg conductor program, 29 GFR 192~.A04.(b)(1)(iii), if established and implemented ~ the Plan Qf Action. 2, Additional requirements. Cdr OSHA requii'ements.fnr equipment grounding conductors, beyond those desrxit~ in tfie grounding paragraph, apply. PART 3 EXECt1'I'It7fV 3.1 WQRK AREA PREPARATION A. Electrical Coordination; The Gonfractor shall conrdlnstealf temporary utility service Connections, requirements and equipmerrt with ~e Owner. Service connections and' electrical equipment shutdowns. shall be~ coordinated with the Owner at least. two`days prior to cammencemenl of~work in each Nrork area. Sy arrangement with the (}caner, ~ectrical cervices Wray tae. de-energized. B. Building Service coordination: RII arnieipated building services may he shut down'and shall be coordinated vuith the Dwner. C. Protecfion_. The Corrtrraator shall Rravide.for adequate lighting, heafiing. and cooling gf.equipment ~iurireg.,ail phases of the ~t up, abatement, and demobilizing: vyork: f3. Signage: Tlie Contractor shall post ad~uate warning signs d~anating the patentEal .danger of airborne astestos at deslgnaled entrances to work areas Including, at a' minimum.,, those. descrtbsd ai 29 CFR 1926.11p1(ic~(6?~ and 5tslte aooupational safety and health and ire safety regulations {where applicable, and'-shall ~ven# aoaess tv posted areas by unauthorized or ` inadetluate[yprotectexftaersons. E. Exis#ing operations: Existing scevices, facilities and function$~ putside o'F the work area may be shut down and terminated,.- Cnprdinate any termination of existing. services tnidh ttre pwner. F. Fire Equipment: Adequate portable fire extinguisher equipmentshall b'e m2iintained within the work area meeting at,taast.the raquirements of 29 CFR'19'lI7:157 and (where applicable:) State occup~ional'safetir and health-regulatdans and f+re safety l~sgulatipns, 3.2 GENERAL ASBES'T'OS REI410VkL A. Adequate Wetting. The asbestos-containing material shall t~ sprayed, injected or pthdrwise adequately wetted trifith a surfactant. Care shall betaken to avoid release of asbestos through substrate penetrations. B. Removal.. Removal of the asbestos-containing rraaterial shaA be done in smaN sections. Asbestas- aonteining n7aterialsshall be removed +rihile.wet. C: Local exhaust, When mechanically cutting, drilling orabrading asbe~stas-containir}g rrtaterials, provide bcel exhaust ventilation sufficient #a capture •fibers by means pf a HEQA filtered vacuum, unlesa viseaaf lnspecljon cities. not indicate that $bera are being dispersed aiatside the work ~reaT and eir monitoring of this project demar>s#rates that ail levels fiaide the work area are. sttfRcientiy law that the respiratory prot~tion prav+ded is adequate, and that.air levels outside 4he vrork area SecNorr'f3Z$2 Bui+eau VerftSs Proles iVa. ~4(]Oi3-0UST25.0Y M meet specification requirements. Vl~en using local exhaust ventilation, use specialized equipment, Bch as drills or savers having integral ventilation hoods, which arse cs~nne~d to a HEPA vacuum with a f~atible hose. Su~aoe Clean€ng. After completion ~ gross asbestos removal work; al[ surfaces-from which asbestos has been removed shah ba cleaned to rempve all visible. astsEStos-containing materiel. .During--this work, the surfaces iyeang leaned shall be kept nan~riabie whenever feasible. E. 58aling {LOcle-down Encapsulation). Lack dowry stay residual asbestos fiiyers, which may remain on all surfaces from which asbestos has been removed with an encapsulant"sealer. ConEradar shall appiylock-down encapsularit follmn?ln9 the suacsful oornpletion of the visual inspection. 3.3 WORKER PRQTIrCTION , A. Before beginning work, provide workers with the requ"lied protective squiprnent'in accordance w~ OSHA. Require'that appriypria>be~ pnatectlve. equipment be used at ail tames. Full fare, positive ait• pleasure respirators arid. protective clo+ihing whidi offers complete skin tt~vverage are t~:commended for inifie! work involving #he.disturbance gf~~mald-contaminated debts and fior the removal and disposal of_asbsstos maierials.located imsidethe building. 3.4 SEGtIRING tNURK AREA:- . A; Secure work area from access py the public and other unauthorixad visitors. Accomplish this where possib~, by ~ck,n~ doors, windows, nr other means.vf aoc~s to the building, or by construdirig temporary wood stud and piywtiad barriers. Post waming signs were appropriate. Asbestos warrring:signs are to be. placed inside emerg+rrtcy routes In.such a mariner tHat the :signs are dearly. visible to atryone who opens an emergency door flare outside the abatement area. 3.S CONTAiNN1ENT PREPAftgTION FOR INTERIOR ASl3ESTCS 1N~RK: A.- When workingJnsidethe~ building, always.don approprigte personal protegee equipment to provide protection from exposure$ to maid-contaminated n~atsrials, dust oral debris. E3. took out-and'tag caul electrical systems and equlpmerrt whidt may be affected by moisturB. Shut down tip HVAC systems: C. Ail Class I and non•intact Class I! Inferior asbestos n:rr?oval work shall be conducted in a fi,Jlly isolated negative pressure enclosure'{NPE), with athree ~shage:decon~mination unit and a separate~~twa-stage waste lt>'2d autfactitil7ror tither isolation method described in OSi~fA. Install critical barriers using a rnfriunum of iwa#ayers of s mI polyethylene sheeting, Walls ark floors shall be constr'u,ctetl cf at least.a~singie layer of 8 ml polyethylene.sheets'tg, sealed with durable tape, and sized m minlniize the numheroi'seams and joints: E. Install a sufl3cientnumber afHEPA-filtered negative~~air machines Nriti~in the fully isoie~d .containment area to maintain a minimum negative pressure dlif~rential oaf at least 0.02" 11V.C. Install a manometer to morsitor and ccntirtiuously record ~ pressure differential. F. Asbestos removal work within the containmervt shall riot ccammence~undl the Qwner's Repr~errtative has inspected the sys#em, and-has determined that the containment meets tale S+9ctiDt'113282 51 9uraau Verifas Prefect Na. 34606-00872&,01 intent of ifie speelfrcatians and is fully aperationaL As~stos removal work shallproceed only alter. ttie Contractor lies ret:Nved:s written statement from the Consultanti 'indicating #hat the. cor~talnment has passed :inspection. 3.6 GEHi13AL PRDGEDURES FOR :INTERN ASHEST03 WORK: A. PerFartn :removal of friable ACM in aceordanGe with SCAQMD and EPA.regulations for'friable ar Class I esbestas work Including use•of negative prrrssur'a er~losures, glove bags; or mini- pnelosur~._ - B.' Thoroughly wet all asbestos materials to ire removed with~a spray mist of surfactan#. C. Dismantle equipment, anishes, walls, taelling and floors as necessary to gain. access to concealed asbest~.applications. l7: Dispose. of al! contamination as asbestps, incirading metal- that is visually contaminated with suspect as~stos materials at debris. Metal surfaces which can be completely cleaned,. inspected and encapsulated, may ba salvaged as sprap metal by the Contraeta~, atthe Contractor's option. Remove all metal ductwork in a similar.manner: t7econtaminated, ceiling- mounted metal ductwork, which is accessible far inspection, may be left in place for salvage by others: E. Perform selective demolition to ar:CCess ACM. Remove concealed asbes#as ,applications and c~rttaminated finishes, and tiispnse aFasl>estos uvaste. Non-AGM debris may remairron-site in an Owner-approved location. F. Remove specified ilooring;appiications, ini±luding,mutilpie layers pf flooring materials and mastics. gismantle partition walls, cabinets; undertayment and other building materials as necessary #o access and to riwmo~e concealed applications of taaoring ma#srials. G. Compielely re>nove~al! aNaestgs materials, suspect debris artd asbestcxs-oontamfiated building materials, Ptace.asbestos waste fn labeled containers thaf.ar® acceptable witri the Contractor's proposed landfill r+equlrements art dispose. Dispose of these mat~ials~at a .landfill permitted to accept fiiaF3ft9 asbestos wast$s. 3.7 PREPARATION FQR ~1EMCl.tl'!ON VUpRK YVITH NON-FRIABLE CATEGORY'1 IIAATEIRIALS IN-PLAGE: A. ff non friable Categor~r.l ACM rertiain in;p~ce during demoli4on, ~l dematifian work w~l be p~F~ad'as Class 11 asbestos work in acxorclarice v~ttt Cal-OSHA... B. When demt~lition by toppling occurs such reasonable enclosure for dust emission-control .as is campatihle'withlhe character of the structure shall be employed. C. Before the demolition or toppling of any sec#.on or wall .Qf #he=structure, adequate waiting ~to suppress the dust shall be empbyed. D. Asbestos-t~~ntainirrg debris shall oat be dropped or thrown from any floor but shall be transported by d~-tigh# eh~~rtes or buckets. ~Asbastas-containing c~bris in chutes. or bucktts shall be sufficiently wetted to preclude dust~disparsion at the point of discharge. _ set7lon f32~ 52 eur~au Verites Project Na: 34.48-t)D9~25..0~1 E. All asbEStas-cantair.~ing debris shall. be thoroughly wettetl before loading int4:tructcs, c~her vehiclt:s or containers. Goring transport~such-waste shall tie enclosed or covered sa as~to prevent dust dispersion. Asbestos-containing'debris shall be disposed by burial at an approved landfill. • F. 1=u~ydemarcate exterior work areaswith "Danger: ASi7estos" tape. 3ai GgNERAL PROCEDUiZES DEtYKJLITIQN tNORK~1MTli NON-FRIABI~ CATEGi~RY I NAATERIALrS IN-PLACE:- A. Category INon-Friable ACiVA shall tie r~emb~sd in an intact 5ta#e where feasible. B_ 41Ve~ methods shall be utilized unless wet methods are not feasible or mate a safety hazard. C. , Contractor shall ~continuausly wet-ACM during demoittkpn G., All dust generated by cutting m~hines shall 6e HEPA vacuumed or the sill-wet material shall kre gently swept and wiped .tap along the .cut fine. E Gust and debris shall be`immediateky bagged and placed in covered containers. F. Category iNon-Friable ACM material shall be It~wered tc~ #iie ground via a covered, dust-tight chute,. tine or hoist:Asbestos-cortt~ining material shall na# ba dropped or thrown to the ground. G. Category i Mon-Friable ACM waste shall be segregated from Wort-asbes#as debris and rr~st-be disposed of as Gategory INon-Friable AGM at an approved. landfill. H. If the slibsfrate ssuch as canr,,rete) on which these non-friable ACMs are installetl is int~rdsd for recyding, the non-fr~bte ACMs shall be removed prior to the r~ecycing process by ~an $t~ate of Gakifamia-licensed asbestos abatement canhac#or prior to il7itiating subs#rate recycling activities. I. If the demolr~iort~oarrtractar changes the means and methods of demolitkon and the environmental e,~nsultant is of fhe opinion that the Category E Wan-friable materials ire being. made fiiabte, or iF visible dust emissions are generated, #he:work should be stopped. In #hese situations, revised netitication for removal of non-friable ACM may becrorrm neoasaary and the rn~moval work wrifl the need #a be none by.a State of California-licensed abatemerrt~car~ractor. J. R®fnoved Category 1Non-Friable AGMs afiall be proper3y packaged and secured. at the end of aacfi work shift. •T'he Category I NarrFriable ACMs shall be t~ansferred.tn a ciosetl receptacle in such a manner s~ as to prelude the dispersion of~ifie dusk.. L. Remove•asbestos-corrkaining materials in a n~anrterwh~h does notcause ~isi6le emissions. S.7 CLEAhtuP A, Bagging. seiiEon i32~t 53 &ireaL Veritas Prgject No. 34DOB-OpB725.G1 v 1. Procedures. Asbestos-containing material shat[ be packed and sealed in asf~stos- labeiQd plastfc~bags; andlorpi~astic-lined cardboard tr,~e~boxas appropriate. Packing snail take place whin ~aaoh work-area. 2. Labeling. Asbestos waste containers anal! be labeled fn accordance vuith all applicable regulatory requirements including disposal:and transportation. i3. Decxantamination. Afl materials,.equipment, tools and bagged wastes taken tram the work area after the initiation of~asbestos removal Work shall lac thoriaughly decontanrinated as follows:. 1. Grc~s~~anirig. Workers shall remove grass; contamination from tools, equipment, gilding. components, waste bags, -andother matedais before these items leave the work area. 2. Materfafs and.equlpmertt whidt pn not be tharoughEy decontaminated shall tie packaged and disposed as'asbestos~waste. 3.t3 QISFOSAL. A: Packaging. Prior to post. atraternertt inspections, allasbestos-cot~#ainirig was#~e. shall be. packaged in sealed, leak #1ght,: double containers and removed from the work area io a specii-led transportation veh~le. The outer cbrttainer rriay ae either a clean, sealed#iber drum,. pl..astie-lined cardboard tote boz ar a sealed plastic bag.. Tate. inner container shall tre~a~ sealed plastic bag at (east 6 mil (0.15 mm) thick, E3_ Caf-G~MA~PA labeling. Asbestos vvaming labels. having,permanent sc~esive and waterproof print, or being perrrr~nently printed on the cdritainer, .shalt be ai~xed to the outside of all asbestos. containers, and each inside bag: C. DOTlabeling and marking. A DQT "Class 9" shipping Iabe1 and 17O.T matk shall Lie applied to, or be printed nn, each packaging c~(~.asbestas-containing materials: D, SPA vehicle marking.. Eac~Fi'vehic~e transporting esbestorrr~ntaining waste shall tie marked with asbestos danger sigi~ during loading i>;nd unloading of the waste, 'in arxordanee with the t~~AP, 40 CFR B1'l5a(e). P. Protection. Workers entering s dec+antatitlnagon enclosure tts remove waste materiel shall fellow - the provisions of triis cotXraa for donning pra#ectlVe equipment and ezibng ~ work area or deccntarrtinatian chamber. F. Asbestos waste shipRtarrt records. 1. Preparation, The Contractor shall prepare ttte waste shipment records. Upon submitting each waste shipment. record for a shipment of asbestos waste: to the Cturner's t4epretteritativsfar~signature, #ie Contractor strap malce.available the transport vehicle and the asbestos waste packages far Inspection by the C>rmer's Representative: The Owner's Representatitrewlllcheckfor significant diserepar~pes in the ampunt of waste (for example, number of bags or drums, qr volume of waste) `and its condition (for example, whe#her the bags or drums appear to tae seated and not leaking], ser~isnls2$2 sa Bureau veritars Project Nn. 34008=008725..01 2. Inltiaily signed records:. The Contr~ctar shall provide asbestos wasts.shlpmant records) signed laythe Owner's Representative, the Ccrrtract~and the ~ifial transporter to the Owner's Ftepieserga#ive, when asbestos wastes are removed t'rom the faclfity prpperty. 3. Qepositing. Asbestos waste stroll be 8epnsited as~soon as prac~ir~l~.at a regulated waste .disposal site. 4. Pravldit~g ~completety signed records. Completed waste shipment reoprd(s~ signed by the Cortractor, all transporter'{s), transferar(s);.tiisposai and/or con~?ersion facilit7rEiesl, shah be provided to the Qymei's Representative within 3~ days of the time at which the asbestos-s;ordaining washes ~ar~ received at ti~re disposal andbr conversion facility(es}, vvttid, sha[I be no ior~er than Ao days after the viiasife was accepted try the initial transporter, G. Registration. Ftx gny state r+equetng segistratic~rs,lioensing or certification of asbestos or other hazardous waste hauling contractors, vehicles:andtor drivers, the' Cpntraetor.shall provide~proof that all sudr~cantractors, vettides. aridldr drivers used under this contract are curl ent9y in compNante. H. Regulatory com~iance. 1. UVaste management. The Gontracior shall property transport, treat, store, dispose andlor convert ast>'estos .and ether hazardous wastes generates in accordance with the ~contrad and yin accoMance:with -all applicable regulations. 3.9 CLEANUP INSPECTION A. All visible accumulations of asbestos-conthining materials and debris shsU tae removed with wet. methods or by HEPA'vacuuming all surfeoes withira the work ar~ee. Any other contaminated surfaces ih the work area shall lee leaned. A11 waste water from the cleanup shah be disposed of to accordance with this oontnact. C. The Confractor~shall inspec# all surfaces and re»ctean with sp~ial attention to any areas not satisfactory after the first leaning. d: Alter cample#ion of asbestos abatement; waste removal, and removal of Contractor equipment that is no longer needed, and after ct:mptekiarrof~re pr~eleninary~cleanirtig, the [fwrter's Representative.will inspect the retnayal and cleanup. areas. E. Final Vlsuai Clearance 1. The t7wnePs Repraserttetivewill insped+aad~ area. 2. A Gerti~cate of deararice wiN tie submitted to the Contractor alter requirements for visual inspeoticxt and air.deararttces are met far salt abatement area.. EMD ~F SECTIQN ~ecfion 1~28~ 55 Buneau Veri<as ProlectNn. 34008-00B725.Q1 SECT~N 73283 PCB-CU LLASTS EM®IATIt<Dld .PART 1 -GENERAL 1..1 SCOPE OP WORK A. This section includes all wodC~nec~ary to remove; transport; and incinerate. all'suspect potychlarinated biphenyl {RCBj ballasts associated with tluorescer~ Ifgh# ~xtun3s. l3. The Corrtt~adar shall fumisi~ all labor, materials, services, training, insurance, and equipment as needed~ta_ completely r~:rnpve and properiyr incdnerate ail suspect PCS ballasts. The Carrt?stctur steal! follov~r alI Federal;.State and local or~rranves, ~egulatians or raise pertaining to PCBs, including ~ storage, trarrspar~on, and disposal. . 1.2 RELATEb WORK A. GeneraF"previsions of the Ivontract epply to this Section. 1.8 PCB SURVEY If!iFD,RAAATIQN i3. Fluorescent light~6xtures tr~h suspect PC13 ballasts and transformers were identthed by Bureau Veititas in June 2UU8. The quantities of t3xlures to bs. disrr?an~ed are presented in Section 01(}1 U, Sadpe of Work: PART 2 - PRC?DUCTS IIIATERUIL. AND EQUIPMENT: A S#arage Gtxrtainers; 7. All ballasts contaa~ir>e PCB material shaA be stored in sealed DQT 17E dosed top drums. 2.. All PCB solid wastes and items lnduding disposable items used in the carcase of fhe work :such as rags, sorberYts, protective clctltiirg, shall be.stwed in sealed DOT 97C open type drums. B. So[vertts, Sorbents and Cleaners: 1. Solvents: ©iesel fuel, deodorized kerosene ar other solvents reoogni~ed .for a high degree of PC8 solubiilty. 2. Sorbents: Material recxx~nized fc~r a high degree of absorption. 3. liquid Cleaners: Gonoentratad liquid alkaline base deaner_ secitian ~~.283 . ss . . Bureau Ye¢Cas P~djecx N~t_ 3400~OD8729.Of PART 3 f=?tEC1JTIOM 3.1 WARK AREA PREPARATiQN A- Electrical Cnordination_ The Ccrrtractar shall coordirate all temporary ukility service connections, requirements ana equipment wi#h the Uwner's Repr~esentetive. Servii~ connections.arid electrical equipment shutdowns shpfl tae cioordir~ted uv}th the Oven®r at teas# .72 hours prior to commencement of.work in each woricarea. The Cc~aratractvr shall swiich off circuit (breakers in preparation for fixture dismantling... B. Building Service Coordination: ?~II anticipa#ed 6uildlrag services may be shut.do+nm aitcf siaall be cpor~dmated witl7l!'r~ +D+amers Representative,. 3.Z PCB. RI~IICiVAL. A. Removal: Dismetntla Tightfiactures and remove all suspect -PCB ballasts for incineration. 3.3 SAFETY PRaCEflURES Afi1D WORKER PRt>tTECi70H f1. Work Aree Protection and Marring: Prior #o commencing arty PCB related work activities, provide barricades and warning signs to cl~rty identify .and effectively guard again unauthvr~eclentry Into work area . B. Protective Clothing •and Equipment: At all times when PCB rnaferials in any volume are not sealed in drums, contain®rs or electrical equipment, workers shall wear: 1. Disposable, ncn-porous gloves. 2. Disposable whole ~ clothing impermeable #o I'C13s. 3. Respiratory protection (i'JIOSH~IflaHA approved} agains# organic vapors and particles (at' lead the tercel of particulate. ~roatecti~on required 8t #het stage of wok for asbestos protection). Eye protection. The Contractor shall provide protective c!r>'thtng, eye protection and respiratory protection as required for Port representatives monitoring work actl??ltles within the work area and for iir$Hghters lraspvnding txf incidenFs. Provide protective clgthing, eye pgote~tion anal resp~atory protection as necessary. C, Personnel Protection and Pr~edures: The PCg work area stroll at no time tae left unattended after procedures have bsgun and until all .ballasts and incidentals have been sealed in approved containers. ff Immediate transportation to the PCB disposal facility is not feasible, the vuods area must be secured in a manner approved by the Owner. owing pracx~dures anq at alltimes when PCB ballasts ar mixtures in any voit~me are not sealed in drums, containers nr electrical equipment, all personnel entering the work area must. don protei~ive clothing. and equipmen# listed herein. Upon exiting the work area, all disposable proteclive clothing shall kae placid in open-top drums, sea~d and removed from building property when other materials in same areas are removed. SeCtioh 13283 57 Bureau V~ritas Project ND: 3~OQ8.008728,01 3.y14 CIISPOSAL A. Preparation of suspect PCB materials for disposal. 1. Procedures. Thasusfaect PC13 hallast~ shall be paclted and sealed iri apprtived PC& iabeted sttipmertt containers for incineration at a TSCA ir~inera#or. B. PCB shipment retxtrds. i. Preparation. Tha Contractor shall prepare the waste~shipment records. 2. depositing. PCB materials shall be destroyed as soon asprectic:al at a TSCA incinerator, 3. Providing, completely signed records. Completed waste shipment recordSs) signed by~4he~ Con#ractor, all transporD~(s), transferor{s), disposal andlor tx~ntrers[on fiacilii}r(ies), shall tae provided to-the lhvne~s Representative within ~30 days of~the.tim'e at.whtch the materials are revaivesd at tF?e ir~ineration andfor conversion. facility(ies}, whicF~ shall be no lohger ttian~ 4tl days after the was#e~was aczse}~#ed by the ihilial triansporter. C. Regulatory ccimplianr~. 1. Waste management The Contractor shall properly ta~ansport, treat, store, and incinerate of PCB-c~on~tainitlg material generated in accordance with tt~e contract~anti in accordance whit. all .applicable regdlations. U. Regulatory txirnpliartce. i. Waste rrianagemertt. The Contrac~vr shall properly transport; treat, store,. anal incnerate PCB ballasts and oils in accordance with.the:t:ontract in ~ccor~anco.with aH applicable regulations. ; END QF SEGTI~N SeCtlots 13283 5$ ' sur+eau Ven"tas Project fro. 3406-OL187~6A1 SECTION 134 MERCURY-CGNTAIPIING EI~CTRICAL CDAIPOl~IE1~TS FtEMIrDIA'17t)N PART1-GENERAL 1.1 SCOPE of l8lt?Rllt A This section irictudes all work necessary~ta remove and r~ecyc[e all suspect mercury-conicairaing fluorescent fight tubes associated with fluerescerrx light fixtures and mdreury-ccnt~ining thermcrrreters and switches. B. The Contractor shall fumish all labs~r, materials. servicea,'trairring, insurarres, and equipmer~~as needed to completely remove and properly recyde-all mercury components. The Contractor shall follew.~all Federal, Stato ~d local ordinances, hsgulations or rules. pertaining to mercury;. inducting its storage, transperta6arr and~disposaltrecycling. a~LaTED woR~c A. General provisions of the Contrac#, including ~,t not limited to General and Supplernentary Conditions and Division 1 Spedficatlan Sections, apply to this Section. t.3 MERCURY COMPONENT SURVEY INFQRMATION A. Fluorescent light fixtures with~suspect`tubes and ether merry-carltaining isms were inver~taried by Bureau verita~s in July 20D5. The quantities of the' components to t>e disposedlrecycled are induded'in 5t'.ction 01010. Socpe of Work: PART 2 - PA<JDUCTS EdYJII~MEt~T Ate ~;$UPPLlfE3 A. Personal Protective: Equpmer~t:' ~ t . Respiratory Protection: Alt employees cleaning up broken fluorescent light tubes shall be provided with and required to use adequate and appropriate- respiratory protection in accordance with OSHA: 2. For workers deaning up broken ffuor'est~rrt light tubes, full body dispnsablc~ protective clothing incorporating head, body end feet covering censtnscted dF maternal such ss Tyvek ~f. (or equivalent) shall be provided in sufRcient quantities -and adequate.s'tzes to accernrnedate movement without tearing, to al[ workers and authorized visitcars. 3. Additioftal sai~ety equipment (e:g., hard hats meeting. the regeJlrements of ANSI Standard 289.1-1381, eye .protection meeting the requir~emer~ts of ANSI standard 287.1-1878, safety shoes meet~g the regtiin3ments of ANSI. Standard 241.1-19[37, disposable gloves} shall be provided as necessary to ail wvrtcc~rs and authorized Visitors and snail be sized to fit the wearer. $ecbOr113484 59 BUt~U Vas 1?roje4i~rJo: 3+1008.OD8725.01 B. Removal Equipment: 1. A sufficient supply of scaffolds, eiddr?xs, lifts snot hand ~taols {e.g., .screwdrivers}.shall be provided as needed. 2. Additional support equipment as needed. G. Packaging Equipmerrt and Material: 7. Filtier~lass drums 2. Fiuoresceni light tune shipping: boxes PART 3 EXECUTION 3.'1 WQRI{ ARPJ4 AREPARATION ffi. Electrical Coordlnakion: The. Gontractor shall coordinate all temporary utility service cone®ctions, rec{uiremerrts and equipmeri# wiih tf~e Owner. Berries connections and .electricai equipment shukdcwnsshall be coartiirratad with the Owrrsr at least 7~ hours prier to ccmniencen~ent of work in each work area- The Contract shall switeh off arcuit brraaker~ in preparatlan for ilghting removal work. B, l3ui~ing SsnitQe Coordina#Ign: Ail anticipated building services may la~e shut down and sl~ll be coordinated with-the Owner. 3.2 NtERCURY RENQVAL A. Rerrrdval: Remove all soaped mercury tubes, switc~tes; and lights for recycling. S.S lN+DRKER PROTEG110N A: Het'ore beginning work, provide workers with the required protective' equlpmerrt in adco?dance wifh OSHA. Require that appropriate protective equipment be used at aq times. 3.4 171SPOSAUREGYGLiNG , A. Pr~eparatiori of suspect mercxtry components. far recycling. ~ . Rroos~lures. The:suspect rriercurycamp4nerds stiai[ bB packed and sealed in approved, labeled.shipment containers. B. Mercury.~shipment records. 1 _ Prepara#ion. Tim: Contractor shall prepare the vyaste recyding shipment: r~ords. 2, Depositing. Mercury components shell ge,deiiverest for recyding as arson as practical ai a Tul)F site: S~dioR 13114 60. Bureau 1RerlYas Prate rJO. ;E10UB~flQ8723;fl1 3. Rroviding completely signed reconfs. Completed waste shipment reoord(s} signed by the Gor~tractor, ail transporter{s), trar~fe~or(s), re+oyding faciNty.(ies'}, shall b~ provided tca the Quvner's Representative within 30 days of the tim® at which the tubes are received at the recyd~g facility{ies), whichshall be no lortt,~er than 4t) days after the waste was accepted by the initial #ransparter. G. Reg~datory compliance. 1. Waste managemen#. The Contractor shad properly transpork, stcue, and recyGe suspect mercy in accordance wi#h the contract and in aecordar~ce with all al5plicabie regulations. Z. Transport - hl-auting of hazardous wastes from the building to the recyding site and depas'st of the components therein by a firm ct~rerRly appr8ved by th$ EPA for the transport of hazardous wasies, and approved by ar,y state br .local agencies having jurisdiction. 3. Waste ~hlpment Record - A form similar to that shown by the ERA in the hii<SNAP at 4~0 Ci~R 61..450(d}{1}, err an EPA=approved State or Ic~cal fnnn ~Farthis purpose. A: RCRA. Resource Conservation and Rewvery Act regulations. 40 CFR260-2g9. Provide specie attention to the following: 1. 4q GFR 269..{hazardous waste ideritlfic~tiorr). 2. 40 CFR 262-286 (disposal r+aquiremert#e), 3. 40 CFR.262.34(c){1) {vraste accumulation}. 4. 44 CFR 262.'l2 (waste generation, EPA idenli'fication number, responsibilities}. 5. 4Q CFR 262.20 23 [waste manrfesting}. t3. X40 CFR 262.3D-~3 {waste packaging, labeling, marfsing and placarding}. 7. 40 CFkt 265' (waste treatment, aettficate of destruc#ion), E. Regulatory compliance: ~1. Waste management. The Contra~or shall. pr+aperly transport, store and reeycle mercury wastes generated in ak~ordance with the contract in aocor+danc~e with ap appiicabie~ regulations. 2. Release. The Contractor shall hatd the Ovmer harmless ~frorn any release or threat of release:fdlowing its accep#ance of any frazardoris substance generated in a~coordance~ Wltti the coritract.(GERCLA sections 129{20){B){i},127(a)(4),~ 127{b) and 127{e)). CIO OF SECTION s~ct>an'I.328~ ~sf t3ureau verltas P~olect roo. 34ok~s.noa~2s.o1 q N FtGlJRES ~reau Veritas PrOjeci Mo. ~340.Q8-008725.01 eX`sERIDR I~1,JSM1G AR£A ~ ~ I I ~r'•\ eal~R AoL~+ ~nwxe~,4~vxlori ._....~~7 uPPE7r 11Ea.-. ,L ,sM9iCIDWi ~ oFF1+ TO: Mezr~wiH[ - ~ ~ WuIIND ,s ~ MOMS I pu-ieal sAaea wtaRw. on efecii ~(rIA-•la9)-t~uur IH early t9alcx (fik-18sj GHAT !,'fl0U1 MID PU~91FJS - - MA-f9~, atxpf FlADRIn6.UATE~ttAtS ~r,'~f~'.,t. •{HA-7J6. HA-19¢. NA-19»' - . 2 lA!'£R3.~ 12x12' 6lY4CSR~ TAfI i41D - - BlACN' +WSI TIE AHD JIRSi?CtA7Ef) SrrrE IH FF:Ei o is so m ialFCK 9Y RM AS23ESI1(a^ WCAT1oN A1AG<;aAe DRAWN 0's'• Jl. aA~ 6[2e~aoe A'lAN FlAOR SEAL :A9 sHOaH. O'WFJiS=SRCCItWAY GL/ISS••CCNTM jNC, CAD ND.. 09745.01 S PEANT ;~23 - 6U1L[fIHG •~7fl Pfw ~la;J10G9`~006M5~07 - ~ - ; VERHoN, 'CAyFOHbNA, ~ ~ - "M' LOWER ROOF BlsYeadEhQ LGXE:R l~ F~I~E fiATOPi ' +~~fi~ TAt~~ LOwEA e~ ~ ~T 1 T 1 I .dPEN i'l1 7AYN FLpOR (aaa+7 f LEQBiO ~(HI4-t81) 12'ria I~~FLOpRTiCE ~ - ~{ffA-1B'3) •12'i1Z' TAN FLO~t 1µE 57,ALE IN FFCf CNIXIC RM ASBE5ID5 LOCaOION D I~IE AIfA?MV dY JL - - QRTE E/2% - : MF~TFNIkE ~ LEVEL ~ - 9sxuE AS SH6MFi b.WENS-BRQCKWAY OCIi$S ~OOh1FNNF]S LNG. OAP Ng, osq~:ot~ PLANT X33 - B~ILOING ~7p - ~ . PR,f NO. Ji006rDOd'f2~..pt ~VERNgNi GV.iFORNVI ' lltltlCO LF1]lYINC ' ; f J I. , i g. . R' { 3 '9 1 „ i I - i f. i R 1.E4R70 _ ~ € ~ {WI-~6NziUl-377) fY'stZ' BE7ffE 7'LUOR.Yk~ - {Mk-L73) BEiI~ YIAVQOW PttC1Y ~ ~ ~ - 0{HR-1T4~ 1F~M12' 6ROh1'N F1.QOR'f0.E ((WWyy--..S787 GYP57M YEN.I. BO,ViO ENO Jatl7f ®QOi7/~aUNO _ - {{HA-3U3.:kEh-X74.. MA-~S IIA-3U91 HA-307) ®~ROtLf7S7itiaF7~K... A410F 31/51p11C A}70 II,SOCIidtD"g00PMiS71C" s~ n7.~ a. 7s au ao c~cN Br p1A A59E31i36 ~OrATItN3 OUlGRI1M rxu~ ote~v~r7 7iY 7H11E 8/27lr271Em UaP~lt Il~tiirnNE di RI~OF seW.e: ~s snaw?7 awFNS-eROCKw~r suss coNrw~ ine: rrn r7a. oe~35.wrS Pl11Atr ~2s - awl"nic ~7d PRA No. ~-4dli'{~o~ ~ 1, CALIFORNN A'1TACHMBNT DEINOLi'f10N SCOPE PREPARED BYO-I t3ureau Veritas Project Na.3400&Od87~5A0 Qeber,d_ iijin®is i'lant #~3_V`erno.n California ,j~gmolition of Plastics. Building Project # 1123:045 July 1D~', 2008 In general, the work consists of, but is not limited to, the items described below. The terms remove~andlvr demolish include hauling and disposal of all materials removed. The demolition contractor shall obtain any permits needed far removal, hauling, and disposal.: Material salvaged becomes. the properly of the derrro[i#ian contractor.. Civil,. S#ruc#ural 8t Architectural Dem©li#ion Seo~Qf Woris; 1. Except as Hated, remove existing buildings 70, 74, and 75 in their entirety. including all floorslabs and fflundations. 2. The south .part of tfie westwall and the entire south wall of building lf~ support a cable tray and a t7ridge aver the railroad tracks'that will remain in service. The lower portions of tie existing columns, column bracing, faundatians~; and foundation wall in these areas are to remain. The sidi~, girts, door fr3~mes, and window frames are tv be removed. The cable tray,..bridge; a~i supports must be protected. from damage. 3, Along the south wall of building 75 is a cable fray-that is currently supported by the wall framing. -Prior to demolition and as. part of. another contract, posts will be' installed tv support the cable tray and its supports will be-cut lies from the existing wall. Thy: cable tray antt its supports must be protected from damage. 4. Remove the parking lot paving, guardrails, and posts dawn fo the subgrade. Remove the fence as Hated on the drawings. 5, The small ~electt-icai building,. electrical aubstativn, and 'the fence around the substation at the southwest comer of tauiiding 7Cl are to remain.. 6. The fence and gates that crass the railroad near the: west end of building 70 are to remain. 7. The demolition area is to be graded essentYally fat do meet the sidewalks on the west and north sides, and the railroad on the south side. Along the east.side,~ slope the grade at 6 horizontal to 1 vertical to mee# the existing adjacent grade.. Around the electrical building and electrical substation at fhe sautfiwest comer of building 7Q,. slope the grade. at 6 horizontal to 1 vertical to meet the existing adjttcent grade. Remove excess dirt or prav~e clean fill dirt as needed tv achieve these grades. ~®chanical D~emolii:iorr 5cooe of W`ork~ 1. Terminate and demolish the mechanical systems which supported the subject- building. The Building Support systems would include; The Storm drainage, Sanitary Sewer, City (Patabley VUater~and f=ire Protection Services. The extent of these systems above ground is readily acx~ssitjle. Utilizing ~tvhere thesc~serviees ga underground, atvng with locating ariy cleanouts and PIV's and lvr vaiye boxes, the appro~mate underground routes ran foe determined. The contractor shall utilize an acceptable ground penetrating radiographic service. to verifyr these pipe. routes and. then carefully excavate. and remove these services back #a the mains. The connection to the main shall be plugged in a me#hnd acceptable to the utilitytauthorityhoving jurisdiction. 2, Thane utilities on the south-side of the building which used to support the Plastics Process Equipment. The process services remaining on the southwall could include, Compressed air, Natural Gas, Cooling 1Nater lines. These services were shut off vn the: glass factory side of the bridge atone time'however, Mare the demolition of each individual fine begins, the contractor shall walk the line with plant personnel, verify that the service is off, than. cut the line vuhile°the plant ` personnel is present, Once the service is safely disconnected, the sfi~ut-off valve shall ise plugged. Remove the abandon lines from the south wall andfrom the bridge. No pipe demolition is to take place within the glass factory. 3_ The 1-1VAC System which supports the PSL Storage Area will be removed and relocated by others. Eiactpicai f5®rrioirFi~rr Sc~~e frF 1iV~rP~. 1: All •electrical services wit#~.in the building are tv be removed] except for some conduits and cable tray that are routed-aiorrg the south wall and southwest earner of the building. See owner's representatiue for identification. 2_ Panel PP-REC, lorat~ in the•reclamation bldg.78B is fed via the Red .Door sub. This service will be re-fed by ath~:rs from a new location. before removal ref Red door sub. 3. Remove Red door sub and associated power distribution equipment and feed fTOm Switchgear la. 4. Transformer T10 will be replaced by a Head transformer with a new feed by others. Once the navy transformer is instatied, the removal a€the existing feed to Transformer T-14 can be accomplished in association with the removal af~ Switchgear IQ. 5. Once lnaoming and C?utgaing feeds have been reworked by others, remove Switchgear D. Remove de-energized dry type transformer in the small basement lacated.in the soutFtwest canner. 7. The' put! box fnr conduits to Switchgear A & Switchgear B at the' north entrance to the bridge wilt remain and will be rewortced lay others. This pull .boy needs to be pro#ecied from weather prior ~to the demoli4on of the building. 8. The HVAC system-far the PSl_ storage roam shall be removed and reused in the reclamati~an bldg 713B 13y o#h~rs. 9. 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I I I . -rn i 1 I I ' 4 I t . .7~ :se ~1i I r' I A~_ ~ I ~ I I , I i ~ ~ t3 - - r I` 1 - I I I ~ L JJJ ~ I r/'I'I .I ~I ~ - - _ ~ i~ ~ I ( J_ ~r'~i ~,i II I Y ~ I hv. : ~ 11 1 I I I ' _I I ~ II I I' V I+ _ _ I I I ~ _ ~ - s.. I + - -r- - + - - ~ II ' p 1 ~I II ' ' I '~•u: ~I Ir. I +I i I I I~ ~ ~ I I I L I _ r I 3 ~ ~ I :'i~. Y ' i 'Y - . L' III 1.=T ~',-i5;t-' a - ~ i it I ~ ~~i.ra.: III I I ~ r ~i I I I r~z2.,='0^ +..1 Ir r¢ f T uv APf'ENpi,1C A PRO.IECT GES~NER'S LICENSE Bureau Vaitas F'rctJect Na. 34D08~87~8.01 i i j. 1 i ~ .~11 a ~t qit i i l~ 1 r-v r ~ii3 PRQPD~A~ fi°ORfi~' l2egufated 13uildlr~ Nlaberials Abatement and aemollttan Prajacil -Buildinga #7l! Plant ~3 Qwen$-~ckway Glass C+antair~er In0. , 2909 Fruitland Avenue Vernon, California ` far E OweRS-~ackway ~laas Contair~r lnc. l=our Orl liiaza One lflichael Owens Way t~erryrsburg, D13ia 435'1:x999 I Submitted by: C~ 1;nvirQbirnetTta7., Tnc. ' A~fi'es's: 404 1Vort:h B~rrp Street:, 13rea, .CA, 918.27. bate: July 17„Zf108 fialephorte Number: {7].47 S~Z2-351}0 scot The u3tider3igned herei~t proposes tb furoiish ail! Isbor, eq~iprner>#`,. ?nstel'iiafs end supppes net~gssary fo perform the Scape~o'TWork in the Gantrpct i?c~c~ments by the procedures described hen. The Contractor, by submi#[ing a.~id for th$ work, repnasenfs ifsetf as~knaurtedgeable.and s?~~expsrt in the periorrnence of the work, and includes all things usually and custcsrnsrliy necessary #v provide a raompista and finished joli, whether spaefirally~mendaned trr no#. The contractor is responsible far verifying quantifies and site aonditi4ns in the field before bidding. Any qusa~ons about the seeps or olbrlf`ie~dions shalt iaa vbt~in~ed from the Prajeu~ Designer prier tr3 bldding. .Any interpra~Eions of the.design dasuments shalt only Exe made' by #ha Project Designer, , `I+Vork is ~quirad fqr the ~aternent of all identified regulated buifdir~ materials Includ'mg asbestos,. lead- - Wised pairi# In pocr.aondition, PCBs, mercury, and misceilaneou"s t~amice~is. ~itsin the Project iVlanual, detect Jufy 2, 2Q48. Tfie undersi~nsd agrees tci c~rrduct work in sMct aacordanre wlfh the Pri~)HCt Mahual, defed.July 2, 20D8. pispared tsy, Hureau Ver3tas NorRh America, fnc..'6820 Kol1 Cec~tar Par)cway, Butte 2'161n Pleasanton, i^alifomie for th® sums indicated below. Aiaat~emer~t Tiirtrefra All base bid abatement wank and cleanup must be' cQrrrpleted within 95 wssrking. days after initiation of abartemerit.actiriity follov+ting_the ten ti0)'cfay regulatory notiffcetinn. Work shifts wilt begin after T:~OAtJI end must be completed OY S:OiIPM. L e'id ~ 5 8lueau VeriEas~Pra~t No. &f04t'f-OOB~26.41 Bid P~oposa! i=brrn BASE PR Pty, t3 ,SAL PRI~~ Coss 1} Remov~~and dispase oFaU asbestvs~-corifalnir>B mal~rtais, maro~.~ry- containing iigh# kUt7es; P~B~cor~ining light bai~sis, ies~i-bated pairrf in paor .condition, ertd rniscal4pneous. c~ertiicels i~ guild~lgs #741. ~ i5R,8iXl.flt} ProPos~d Time Frame in G~endar Da}~ ~crz~t=g 1*iver C45 } Uemnlish structures and praperly dispose~s~f ral! debris. S 27~8~. Q4?Q . 40. Sale®ge.Dredit (1t~Q:(}Q4},~Q.)~ prt~rosed'I'irrre 1=ratne:in 4:alendart)ays ~or~ty hive {k5) Net: DemoZitian Rrics 138,(~~.~D Uial'f tiA'1'ES ~iourfy rate for ~viding Wnrlcers and super+rssars for additlrn~s! removal of asbestos~oontalning materials not speciBad iro the Technical SPealflcalions. t3fd musC also ficiude far addlHor~at cubtc° ys~nis of . asbestas.,cantainingwasta removed from site. :lab C#sgstilr.ationslAdd~tianal Bid fkem Hourly Ra#e' Worker $55.00 sir hour Supervisor $b5.00 r?er hour Handling and Disposal of istos Waste $4t) . tier bag Addittonai sib mobll'izaticitrldemolgir~tivn $1,O~f~.Ot~nermobldemob The salvage .credit. is based nn current market prices. GSA' is ~Iling to provide ~addii:iona7. credit 3~1: salvage prices are higlxez~ during the .prod act ~eacecution time . Hk farm e BitFeau Veritas PraJsck No. 34008-flA8T~5.07 . Bid f'raposa~ I:amt i } r4DDE D ACKNC3WL.irDGNf~NT Rcltnowledge reraipt of ail l~cidenda rec~elvad baiaw by~n~ber and date: Addendwm irk:. Data fkddendt~m No. Gate: N~ae Re~ei~ed [FAN liNl)1V>~7UAi_ Lort~-hand,Stgnature ~gf 8id~r. going business As: Qusineas Address: A PpR"CN~i7,5NiP tVame Qf ~'irrrt: C3yt Business Address: Attach sheet with the names grid $ddresses of ali memb®rs aF the ~ar4~ersFiip. E71d Form 7 Bureau Ve[Itas PraJec4 Na. 3!S4D$-0[f87~6.D1 81d prcipoxa[ Form I . 7 I~ ~ Ctt91i~QE~ATK3tJ Corporate Nan+e:.. CST Envir~[aental; inc. $tat® of Inca: ~ C~.i.£arn~.a gy; oarpflrate seaE .q~ep ~~.5taws~Ci. Yiae {Ident} Business A~dd~ss: ~+#}~i Narth Berry Street Brea CA X32$21 Names •5ub~as ~~hara (President) d f , Jasepli ~helstowslci (Secretary} OffEi~rs ..Jo~ep~ 'Chef towska. (Treasurer)- - ATI'I=ST: ;(Ss . . Bld Form B bureau Veti~s:Prajed Na,.34008-D08a25.A1 $id hrapasal Fctrit ~ • DEMi]1,IilON COl111dClOrS GI[@nses • A5B);5T~75AriOl6Ai}Y48ATEA+1~Ni CtiCi15853U YA329 • naznRDQUS i naou7 Is~MEDl4iiora ENVIROI'+It1"1.11=(wTi41:, lPl~ P~GC056849 Octolzer 14, 2ti48 - Randy Phillips C}wens Brockway One Mlchaei 4weds Way Perrysburg, (3M 43551-2998 Ike: Ovens Broclnaray's Vernon, Califatnia Facility ~ °Concrete to be cresheti on si#e" Dear Mr. Phillips. As discussrvd, CST wifi provide a credit of $2t},O~D.AO afftl~e previdus Vemdn Bid Proposal to crush and spread the. clean concre#e at the Vernon job site. Ai! of the crushed ~nateriaf will be considered clean >tlfi and free of #laar #ile~and other miscellaneous materials. Should you have. any questions regarding this matter please fee! free to contact me: si h+, l il~Truedi ~ er i~reLtar National Sales ~ Marketing 941.93.845$ cel) 9.41,$47.366i# ofh~e ptrued inger(g7cstenv. earn it~ll I'IiIRI) A1'I!v{!I' Yi'E51 e$Af]EAICI~. tl :~{s(Y.. PII t941) 4tl!•.ibhU • !a\ i4uli iU! 11111 SF'iClr3l.ITING i\ UtA~iLllfl'If1M1! ~1y[:I l~MLiRiYv~14T~;7~11 SFF~l•9LL•5 lud .)tif,l ll• i]tYl 1', HcT4?I~;N • yl\ i6%11 Iti1 ~1 .ldla I4G1 [~I~~Kluf7Y ~.~NI l11~V Addendum to Standard f3ffer., Agreement And )escrow Instructions for Purchase of Real Estate. Bauyer: Ciiy oi'~erAOn S~elle~-: ~Qrvens-Brockway Class Container Inc. Piropertg~: Sou#hcast +Co~or of 5llt~' Street and'Soto Street, 'Vernon, California 1}.ated: March 1~., ~QQ9-for preference purposes only) In the event of a conflict between the terms. of the Standard. C?ffer, Agreement and Esero~r Instructions {the "Pre-Printed Fori~ri") and this Addendum (the "Addendum"), 'the t~rnis of 'the Addendum shaII control. Any iz~itisily capit~,iized .term -used- in this Addendum that is not defined herein shall have the..rneaning :a~crib~ecl to such term in the Pre-Printed Form. Collectively, .the Pre-Printed Form and this Addendum -are referred to as the "Agreement." 21. Seller's lteparts. ~ ther Date of .Agreement, .Seller shaii deliver to Buyer. al] analyses,, tests, reports, or Studies that Seller currently has in its possession relating tn~ the condition of the Property and dated within the -past three .years, including, without ]imitation:, all soils and geological reports, surveys, copies of anti written contracts, ,~greernents, ~varranti~es, or other documents that .currently affect the Property, the' preliminary title report twith all underlying: documents. in legible. forrn}, and environmental.- reports, including, .without limitation, .any existing Phase 1 and Phase Il Environmental Report (cal]eetively, the.. "Seller's Repa~rts"). Any environirtental reports delivered to Seller ~in~luding airiy existing-Phase I and Phase II Environmental Report} shall be dated v~ithin the nine month period prisir to the -Date of A.gree~inent. Seller mopes nQ representativri~s or warranties, either express or. implied, with respect to the accuracy, completeness, contents ox-:any other matter pertaining to the Seller's Regc~rt~s that have been prepared by thirdparties. Buyer agrees that Buyer is relying sally on its awn inspections a;t~d tests regarding: the Fro~perty and those representations and warranties made by, Seller in this Agreement ar ether d©.eum~nts provided to .Seller by Buyer {except for those prepared by third parties).. ~2. .Buyer's I~>ae I7ilis~ence. Upon- mutual- execution of the Agreement, and -upon not. less. than t'c~enty-four hours' notice. to Seller, Buyer and its i U i91t1/0u33 181883.2 agents shall have access to the Property toallow for necessary inspections and testing, pxovided-that Buyer shall abide by the pirovisions. of Paragraph 11 o~f the Pre-Frinted Farm. Buyer .shall have the right to, undertake, during the Contingency Period, .a Phase II environmental :study of the Property, including, without limitation, any. borings nr other invasive studies. reQuired to cnrnplete the Phase II .study. All reports; .studies;. and analyses (including, without limitation, any Phase I or Phase U Environmental ~atudy~} that Buyer desire's to obtain in connection with its due diligence shall .be.obtained at the. sole cost .and expense oaf Buyer. 23, Canting+~ncy~ Period. The tixne period {the "Contingency Period") for. the satisfaction or waiver of all of Buyer'S Contingencies, .including. but not limited to those ciescriiaed in Paragraph 7.Z of the Pre-Printed Form; shall be ten { l U)~ business days after the Buyer's receipt of the Seller's Reports. 2.4. Cantin~encies. Buyer shall -have the time period set forth in Paragraph 23 of this .Addendum t.a determines, in its discretion,. whether it is satisfied with all aspects of the Property and the transaction, including., without limitation, those Buyer',s Contingencies: set forth in Paragraph 7 of the Pre-.Frinted Farm and all other matters related ~to the Property, including ect~nomic analyses, issues related` to. Hazardous Substances, cs~ndition of the Property (including soil compaction, enuironrnental condition, physical inspection cif the ~buildirig:}, title and surveys ftness. far a particular use, tnarl~etability, prospects-for future development,. use,. or occupancy, and an}~ other. matter related to Buyer's. use of. the Property. Notwithstanding anything to the contrary in Par..agraph 7.2 of the t're-Printed I~ 4rm, Buyer and seller ~aclcriowledge that. Buyer may, in its sole and absolute discretion, determine, during the `Contingenc}+ Period, that there. are issues related. tv the condition of the. Property, such as marketability or' prospects. for future. development sir existence of Hazardous Substances an`the.Property, that- axe neat subject tv cure by Seller, and-that Buyer may, upon timely and proper written notice to Seller, terminate this Agreement. If Buyer should timely and properly terminate-the Agreement, Buyer shall cibtain a full refund of its Deposit, less payment of all title and escrow costs. 2S. Role of City Health and Environmental Control Department .the "Health Department"). It is understood that nothing in~ this Agreement affects o~r limits 'the ~itX Health Department's responsibilities 'in the administration of local, state aril federal law with respect to rerriediation of oi~~orooss ~asas~.z the Property, if such remediation is required by laver. Seller agrees. that neither Buyer's relationshila to the City .Health Department or anything required of Seller by :the City Healtk~ Department in car=rying but- its responsibilities under the law, Sha11 excuse Seller's obligations under this Agreement. It is further understood that- Bttyer's~ approval of any. contingency relative to the condition of the Property only. includes approval by the Buyer {City of V'ern.onj, and does not. necessarily .constitute approval by the :Health Department: 2C~. Seller's (~bli~;~ations. Seller shall not solicit or accept offers far the purchase. ar lease of the ~P~roperty, on any terms; from. prospective buyers or tenants unless this Agreerrient has .been. terminated.. Without the priflr written consent of Buyer, Seller. shall not modify. or exteri~~ any existing lease or other contract .related. to ar .afFecti.ng the Property unless this Agreement. has been terminated. 27. Deznoliton.and Remed~iation t~bligatians. Auer the Ciasing, Seller, at Seilcr's sale ~cvst and expense, shall perform the Dernplition Work and -the Remedhtion Work- described below. Collectively,..the Demolition 'Work -and the Remediat©n Work are referred to a the "Seller's 'ark". Upon receipt of the certifirat~e cif in~ti~rarsce described .i.n Paragraph :28 below, Buyer shall grant- to Seller and Seller's contractors, subcontractors and agents an revocable license to -enter ontt~ the Property in order to perform Seller1s Work in accordance with the terms hereof. Seller's .Work shall not commence until Seller's contractor has received permits from the City of '~Ternon Building Department, vyhch, permits shall not be ~unreasanably withheld or delayed. The license to enter the Property and perform Seller's Work rill only >~e revoked by Buyer after Buyer has delivered to Seller a ten (~10) day .prior written notice of ariy bres:+ch or de"fault by ~S.eIler or violation +~.f this ~igreernent or of lave and Seller has not: cured such breach, default, or violation within such-ten (1~0} day+ period; provided, further,-that Buyer will not revoke the license if Seller comrnenc~es the. cure within such ten (10} day period. and promptly and 'diligen'tly .prosecutessuch cure to .completion. Notwithstanding anything set forth herein, .Buyer may revoke Seller's license. if Buyer elects ~ta complete the Seller's Work in accordance rvitli the terms of. Paragraph 31. The name of the ~contraetors handling. SelIez's Work and the terms of .the scope of work and performance standards far Seller's W~c~rk are -set Earth ix~ Seller's `Demo Contract, a c~?py of -which is attached hereto as Exhibit °`D'" and incorporated herein by this reference. Seller's ~1gI D10U53°.18s8s3.2 W~irk shall be performed in accordance with the .terms of this Addendum and 5ell~er's Demo Contract, and any iriaterial changes to Seller's Demo Contract must be approved by Buyer, in Buyer's reasonable discretion. 27:1 S.eller's Demolition 1Nork shall mean the following: a. All rrrn~anmade .items., structures, and b~ildingsfi including footings and .foundations, shall be removed frorn the Property; provided, however, that where. foundations extend deep below the surface, the .portion of -the foundation ar footing that is more -than 1 U feet below grade: may be deft i.n place. 1~?+~here such foundations or footings are left in place, a land. surveyor must record a covenant indicating 'the location of the- buried ,object. The. base or floor ol: any foundation left in.:place shall, where-necessary, be broken up tt~ provide appropriate drainage.. - b. After removal. ~of alI structures. as provided herein, -the Pr©p~erty shall be left level, with any holes filled with clean soil. The surface sh~al! be .graded so that surface drainage shall b~ in the direction of adjacent public streets or adjacent railroad property grid in ~com~liarice v~ith NPDE$ requirements: Clean soil from the Property- may. be used as fill for any voids, if there is not sufficient clean soil on the Property for .this. purpose, cleanimported soil is to be used for ,fi.ll. l~v crushed material may be used:. as fill: All fill rriaterial is to be cnrimpaeted to a relative compaction of 9t)%, gushed. ~rraterial from..the F'ropert..y .may 13e used solely to cover.. the site with a t~vo. to .three inch layer of crushed material, spread aver the site and compacted to a minir}aum of 9Q°~o. All asphalt and all Qther eru:shed materialsare tQ be removed f`rorn the Property. ~1n~i excess soil an the Froperky after leveling stiall ~e removed.. The Prope~rty° shall be kept .secure at all times., ass further. described. in Paragraph 3~D below: c. The .approval of the Demolition Work by the City of V'ernon's Department. of Community ~erv~ices (the "+C~ammuaity .Services Department"~} in accordance with the terms cif Seller's .Demo ~Cot~txact and this Addendum 4 t)19.I (UOtl53 185883.2 shall serve as evidence of the satisfaction of this requirement, 27.2 Seller's Rwmediation U~ork ahall recce the following: _ a." Seller acknowledges that Sell~r':s Demolition Work .shall include the removal and. disposal of atl hazardous materials tha# may be in, about,. or around the building and .the Propet~ty, -including, without limitations lead based paint and asbestos containing: materials ("ACIVi"'} to the IeveIs reasonably below those set -forth in the United States Environmental :Protection Agency 'Regional Screening Levels -for . Cherr~ical Contaminants at .Super Fund Sites, 2~OU,~; utilizing the appropriate screening levels that are . protective of industrial soil,. industrial air, and ground water. The demolition, rem~vval, and disposa[ of all such hazardous materi~.als, including Iead based paint and ACII~'i, shall be performed in accordance. with the .previsions related to "Performance ~of Seller's ~Vl~otlc" standards described below. b. All contaminants, inciu..ding. contaminated soil, and specifically including .the oil fii.led transformers, shall be removed, in accordance vv~ith and to the degree required by the terms of Seller's.Demo Contract and this Addendum. c. The issuance of the Gerti~~cate of Closure, if one is required., by :the Health Department shall serve as +~vidence of satisfaction of this re~quir~inent. if a'Certificate o#"Closure is not required, the approval of the Remedi,ation `Work by the Health .Department in accordance- with the terms of Seller's Demo Contract and this Addendum, shall" serve as evidence ©f the `satisfaction of this requirement. 27.3 Performance of Seller's. Work. a. Pei'f+~rmance Standards. fnr All of Seller's Work. Seller shall ~be responsible for monitoring, reviewing, and approving the Seller's V4TOrk ar~d enforcing zh~ terms of SeIler's Demo Contract. All of Seller.'s ~Nvrk is to be conducted in a safe, prudent manner, in accordance with industry standards and in aeco~rd~ce with all applicable laws, including, without limitation, laws. regulating, the handling, transfer, storage, and disposal ~of .all Hazardous Substances, The Seller's 5 a i e~una~s3. ias~~3.z Work shall be performed in accordance with Seller's Remo Gori.tract. Seller shall pay for all Seller's Work in accordance with the terms of Seller's Demo Contract, and Seller shall rec}uire its contractor to pay-all subcontractors and materialrnen in full. All permits. required tv perform Seller's 'Work inust be timely and praperly obtained. b. Perform~nc~e Standards far Remediation Work. In addition to the standards set forth above, which shall apply to ail of Seller's ~?l~orl~, the l~emedi~ation VG'ark shall be performed by contractors aatripetent .and knowledgeable in removing and 'transporting Hazardous Sulastanees. For purposes of ~applicab~e lave, Seller shall be named as 'the reslivnsibllr party on all manifests, licenses, and documents regarding the storage; release, and .transfer. Qf 1*Iazardous~ Substances removed by Seller .as a part of the Remediativn "V1~'ark; and shall be :listed on all manifests at the landfill site as the responsible party for said substances. 27.4 Completion of Seller's Work. Seller .shall u..se its reasonable gaud faith efforts to cause the Seller's '[l4~orlc to be completed within one hundred twenty. (121}) calendar days after the Closing ("Completion Da#e°'}, subject . to the terms and conditions of Paragraph 31. of this Addendum. Completion of the Seller's Work shall mean that: As to the Rerr~ediation ~?'ork; the Health .Department shall have issued a Closure Certificate, .if one is required, or:shall otherwise have approved the Remediatior~ Work as described in Paragraph 27.2(cj. b..As to the Demolition 1~Vork, Community Services shall have approved the Demolition 'U~Qrk. c. As ~to all of Seller's Wvrk, Seller has delivered ~to-Buyer full and complete mechanic's and rnaterialmsns' lien r~le~ases from all contractors and ~subcontractvrs performing the Seller's Wark~ar providing materials for.-the 5eIier's 'Work. The Health Department and Community Services shall not unreasonably withlaokd or .delay their .approvals of the evmpletic~n Qf the Seller's Work. 5 U191 d1(f1153.1858,83? ~8. Insurance. Prior to entering upon the Pr©perty after the Closing, Seller:shall (i) procure;. pay for and keep in full force and effect from the date: of Closing through the completion of Seller's Work {the "Work Period"}, an occurrence form cornmexcial general Iiability policy t~rith respect tv the Pr~aper#y and. the dctivitie~ of Seller, its agents, employees, contractors and cansultants~~ relating to the Property in which the limits with respect to personal injury or death and property damage shall not: be less than T~vo Million Dollars' ($2,000,000} per occurrence, (iij procure,. pi3y for and keep in full force and effect until the completion of Seller's Work, or require Seller's contractors to procure, pay for and keep in full .force and effect until the 'conipletiQn of Seller's Wcirlt, an occurrence form pollution . liability insurance policy with .respect to the Property- and the activities of Seller, .its consultants, agents, ~mplnyees, contractors and subccintractdr~, relating to the Property in which the limits: shall not be less- than Two l~lillion Dollars (x$2,000,000} per occurrence, with: each of the fa~regoing pc~licie~s 'under (i) and (iii naming $uyer as an additianai insured party; and (iii) provide Buyer with certificates of insurance evidencing such insurance. 29. Indemnity.. :Seiler shall indemnify, defend, and hold harmless Buyer, jts ernpioyees, elected offgals, staff, agents, and representatives, frvTn and against all claims, causes of ~activn, ablgati~ons; liabilities, costs, and expenses (including., without limitation, reasonable :attorneys' fees'and costs) (Collectively, "Claims") arising out of or rei~ted to (a~ the c[mdition of the. Property during: the V4~ork Peri©d, including, without limitation, the continuing existence of any Hazardous Substances on the PrvpErky during the Work Period; (b~ the entry by anyperson .onto the Property during the Work Period; {c) ~an~ claiFns arising out of the Seller's ~W'ork {including, without limitation, ~el~aiins related to injury, illness, or death, datnag~e to property, or -the removal,. transfer, storage, : qr disposal. 4f the 1 Iazardous Substances); and (d) claims asserted against- Buyer as ~a result of tl~e existence a.f the landf lI at which Hazardous Substances frnrn the Property are disposed cir the disposal of the 1-lazarduus Substances from the Property at such site; except to the extent o~f any Claim resulCing, from the negligence or willful misconduct of the Buyer, its elected officials, employees, agents or staff 30. _ Securi a. ` During fhe ,Work Peri©d, Seller shall, at its ~so.le cost, maintain security at the Property, including, without lirnitatian, installing and T ii! 91 Q/.Otl53 '1HSH83? maintaining a security .fence. or other form of enclosure and, if reasonably necessary in terms of conditions at the Property, retaining .a security, .guard at the Property during the Worl~ Period.. During the Work Period,; Seller shall have sale liability for ~conditic~ns at the- Property and securing the safety of persons and .property, and hereby releases Buyer, and its elected officials, emp.l.oyees, agents, ~.nd sfiafl`' from .any claim for any .loss, theft,. datr~age, or injury to person or property occurring an, 'dt, or about the Prdperiy .during .the Work Period, ~cx~cept .to: the extent.any claims result from the neglig..ence or willful rniscanduct of the Buyer, its elected officials, employees,agents, ar staff. . b. Fail'owing~campletion of .Seller's. Work, .Seller. shall install. and maintain along the parcel lines separating the Property .from the parcel retained by Seller a permanent :security fence that. is a minimum. of six (fs} feet high. The existing fence.~curret~tly on the Property may be used for this purpose,: unless. it is damaged during the process of Seller's Work,. in which case it shall be repaired to Boxer's reasonable satisfaction. The cost of the installation and maintenance. of said security fe~rice shall be shared eyu~.lly by the Seller and floe Buyer, which cost. shall be as set forth in -the. February ~25, 2~Q49 proposal from Pi:lgri;m Fence Co. addressed to Doug Pittman. of Uwens-Illinois... Buyer shall promptly reimburse Seller fQr Buyer's share thereof following notice to -Buyer at the completion of said work. 31. Holdback of_Funds for Demolition and RemediatiQn, Seller and Buyer hereby agree. that the amount of $5[i0,Q00 far the completion of Seller's. Work (the "Holdback "Funds"} shall be withheld from the Purchase Price and be retained .in Escrow. :Seller shall notify. Buyer that it has completed Seller's Wprk in accord nee with the terms set forth:. in .this Addendum. Buyer shall approve they completion. of: Seller's Work by means df the: approval of the Department of Community services and the issuance of the Certificate of Closure- by the Health Departtnertt, if a C~ert~icate Qf"Closure is required, and if not requiredd, by the approval ~of the Health .Department. After Buyer has approved the completion. ti£ S.cller's Work, Buyer and Seiler shall send mutual instructions to the Escrow Officer to release to Seller the Holdback Funds.. If the Seller's Work is not completed to the reasonable satisfaction of the Buyer (based fln the issuance of the Certificate of Closure... . ar the approval of the Health I?egartment,~. as. to the Rerrted~iatign Work, and based- ~on the approval of the Community S~ervi.ces I]epartmert as tc~ the Demolition Work} within fifteen (IS) calendar. days after fine Completion Date, the Buyer may abut is: not cabligated to), upon thirty (30} .days' prior 8 i41iG/OD53 1 ti51i$3.Z written notice. to Seller, perform. the remaining portion of S.elIer' S Work that has not been. completed within such thirty (.34) day notice period, in which event the cost of~ the portion of ~the~ work performed by Buyer shall be disbursed to the Buyer by~ the Escrow Holder. The Escrow Holder shall immediately reimburse to Buyer, in accordance with receipts delivered by Boyer to Escrow Holder .{with copies to Seller. the cast. of any portion of the Seller's Work performed by the. Buyer, including, without Limitation, the cast of .transportation of Hazardous .Substances, the landfill. cast, and ether related costs. Any ~cemaining amounts left in the Hctldb.ack Funds shall be distributed to Seller after the Seller's Work has been completed. The 1-loldback Funds are intended as a reasdnable estimate of the possible posts that could be incurred in performing the Seller's ~Vt~ork, and dQ riot in a.ny wad' limit. the. S.eTler'.s .obligation for such costs. if the Buyer's costs for perft~rining all or any portion of the Seller's wvrlr exceed the Holdback Funds Seiler shall promptly. after receipt of 'inuoice and evidence o~f eflsts reimburse all costs incurred by Buyer in excess df the amount. of the Holdback Funds. Buyer shall. alst~ h°ave the right to List Seller an any manifests ar documents.. requu-ed for rema~al, transfer,: or landfill storage as the responsible party. 32. Construction - of Fire Access Rs~aa. Pursuant to tle Easement .Agreement to be executed by -the Parties in the form attached hereto as Exhibit "E", Buyer .shall .grant to Seller, ~at the Closing,. certain easement- - rights, including an easement that allows for the construction and maintenance of a fire access road, all as described in detail in the basement Agr~eerrient. Seller shall construct .and pave the fire access road ire accordance with alI app.l.icable~ laws, including .obtaining a grading permit and all other required permits. Buyershall not uanxeasonably withh..old or delay the issuance of any such permits. Seller shall commence construction aad paying of the ~.re access .road promptly after the completion of Seller's Work, and the construction of the roadway. is 'to tie completed within one hundred and .twenty ~(12oj days following co~ntnencem~nt cif construction. The .cost of such construction and paying shall be shaved equally by the Seller and the Buyer,. which cost shall be as set forth in the March S, 2~D9 Prc~pvsal and Contract #2~U127 from United Paving Co.,: addres~;d to K2 General Ccintractors. Buyer shall. promptly reimburse Seller for Buyer's share thereof follo~wring. notice tQ Buyer ~at the complet'ran of.said work. Executed as of the date first ~.bove written. 9 p191U1Gp53'I$5883,2 S~ELLEB,: C7wens-Brockvuay Glass Container. Inc., a Delaware corporation By: Its: Dated: _ By: Its: Qated: BUYER: City of Vernon By: Leonis. C. Ma16urg, Mayor Attest: 1VlanueIa ['xiron, City Clerk App.rove~ As tn. Faun: By: Jeff A. T~iarrisan, City Attortley p ~~acgim i luui u,N~~:~yt n:~nsc;xvwinn AOc 1d ti1'}. ltlIUU53 1 R5RR3,2 ~ ~ - 7. f ,T INO : - 1,_:~. OFFICE OF THE CITY ATTORNEY Jeff A. Harrison, City Attorney 4305 Santa Fe Avenue, Vernon, California 90058 Telephone- (323) 583-8811. Fax (323) 826-1438 March 25, 2009 VIA FEDERAL EXPRESS Sandra Slon, Esq.. Troy & Gould 1801. Century Park East, 16th Floor Los Angeles, CA 90067-2367 Re: Owens-Brockway Glass Container Inc. Southeast Corner of 50th Street and Soto Street, .Vernon, CA Dear Sandy:.. Enclosed please find one executed original purchase and sale agreement regarding the above-referenced matter. .Please return one agreement executed by Owens-Brockway for our records. If you have any questions, please contact me. Very truly yours, f A Harrison City Attorney JH:em Enclosure cc: MS. Ne11y Giron, City Clerk (w/ original)- (Resolution No. 9897) E~cCusiveCy IndustriaC CQMMERCIAL REAL ESTATE ASSOCIATION 9TANI}ARD OFFER, AGREEMENT AND E'SCRUW INSTRUC7'IL)1~15 FOIL I'URCHASIE OF REAL ESTATE (Noa-Residential} March 16, 2Q09 {Date for Reference Purposes) 1. Buyer 1:1 The City of Vemon ("Bayer"} hereby offers to purchase the real property; hereinafter described, from the owner thereof, Owens-Brockway Glass. Container In.c., a Delaware oorparation ("Seller"} {collectively, the "Parties" ar individually, a "Party"}, through an escrow ("Escrow") to cl.nse on or before May 15, 21)09 or such other date as is rnutuaUy agreed to by the Parties in wilting {"closing Date"}. The Closing shall be held by Nord Ainericatt 'Title Company, ]i}I V. Brand Boule~`ard, Suite 1800; Glendale, California 91203 (Attn: Ms. Tina De $vw} ("E,scrow Holder"}, Phone No. {$18} 55i-537Q, Facsimile No. `($18) 240-9884,.upon the terms and conditions set forth in this agreement {"Agreement"). t:2 The term "Date of Agrecmeh#" as used herein shall be th,e date when the fully-executed Agreement ?s delivered tp Escrow Holder, evidencing the agreement between Buyer and Seller whereby Seller agrees to sell, and Buyer agrees to' purchase, the Propt~rty upon terms accepted by bath Parties. 2. Property 2.1 The .real property {"Property"} that is the subject of this .offer consists of approximately l 1 b,145 square feet. of industrial land in the City of V'emon, County of Los Angeles, State of California and iS generally located. at the southeast corner of 50`~ Street and Svta Street in the City of Vernon, County of Los Angeles. -State of ~ifornia, currently improved with abuilding,.as legally described and generally depicted in the legal description and drawing attached hereto as Exhibit "A". 2.2 The legal descriptionofthe Property, street address, aud.APN shall be determined in Escrow and the legal description shall be completed to meet the reguirements. of North American Title ("Title Company"~, which shall issue .the title. policy hec~einafter described, and shall lre subject to the reasonable apprbvaI of both fiuyer and Seller. 2.3 It is art express condition of the obligations of the Parties hereunder that, prior to the Closing, the Property he a Iegal lot that complies with the terms of the. Subdivision Map Act. 3. Purchase Price 3.1 The purchase price (`^Purehase Price") to lre paid by Buyer to Seller for the. Fraperty shall be Four Million, Eight I-lundred Eighty-Eight Thousand, Five Hundred and Sixteen I7oilars'{$4;888,516.00), payable all Dash at the Closing, subject to withholding of the Holdback Funds by Escrow Holder, as described in Paragraph 31 of the .Addendum. 4_ Depdsits a.1 Buyer shall deliver to Escrow Folder the sum of 00,Q00 (the "Initial Aeposit") and a copy of the executed Agreement within three (3.) business days offer both Parties have executed this Agreement. The Initial Deposit shall be depos. ited into the F.serow Iialder's trust aeeo.unt to be:applied toward the Purchase Price of the Property at the Closing. a.2 Buyer shall deliver to Eseinw Hal.der an additional $100,000 (the. "Additional Deposit") within three (3) business. days following the last day ofthe "Contingency Period" (as defined in Paragraph 23 of the Addendum hereto if Buyer has nod tet~tttinated this Agreement prior to the last day of the Contingency Period. a:3 Escrow Holder shall deposif'the funds deposited writls it by $uyer pursuant t4 Paragraphs 4:1 and 4.2 {together, the "Deposlt"), in a State ar Federally chartered bank in an interest-bearing account whose term is appropriate and eortsistent with the. timing requirerne#its of this transaction. The interest therefrom shall accrue to the benefit of Huyer, why hereby acknowledges that there may lee penalties. or interest fr~rfeitures il' tl~e applicable instiiament is redeemed paler to its specified. maturity. Boyar°s Federal Tax Identification Number is a.a The Deposit shall remain refundable to Buyer should Buyer not proceed Yo Closing. The I7cposit :hall apply to the Purchase Price at the Closing. ` 1 lnitials PAGE Initials 01910!0.1153 185060:3 s. lYo Real Estate Brokers s.1 Except as otherwise provided in this Paragraph 5.1, neither Party is using a broker in this-ttansae#ion, and each Party represents and warrants to the other fhat,.eaeh has had no dealings with any person, firrti, broker or finder in connection with the negotiation of this. Ageement or the cansuriimation of the purchase arrd sale contemplated herein, and n® bmiser or other person, firm yr entity, is entitled to any commission or finder's fee in connection with this transaction as the result of any dealings nr wets of such Forty. Buyer ackrrowIedges that Seller has used the brokerage services of Lee & Associates -Commerce, lac. in t<onneeiion with this: transaction, and that Seller has agreed to compensate said broker by separate agreement. Buyer and Seller do each hereby agree to indemnify, defend, protect and hold the other harmless from aird against any casts, expznses or liability for :compensation, commission or charges which may be claimed by any broker, finder or other~similar party by reason afany dealings ar act of the indemnifying Party. 6. Escrow earl Closing s:~ Upon acceptance hereof by Seller, this Agreement, including the Exhibits and the Addendum attached hereto, shall constitute not only the agreement of purchase and Sale between Suyer and Seller, but also instructions #o Escrow Holder for the consummation of the Agreement through the Escrow,. Escrow Holder shall oat prepare any further escrow instructions; Escrow Haller may, however, include its standard general escrow provisions, provided that such pro~~isions shall state that in the event of a conflict between the terms of the standard previsions and this Agreement, the terms of this Agreement shall control. s:2 As soon as practical after the receipt of this- Agreement aril the Addendum, Escrow Holder shall ascertain the Date of Agreement as defined in Paragraph 1.2 and advise the Parties, in writing, of the date 'ascertained. Escrow Holder is lierehy agtharized and instructed to conduct the Escrow in accardanee with this l~greement; .applicable law and custom and practice of the community in which Escrow Holder is located, including any reporting requirements of the Internal Revenue Eode. s.a Subject to satisfaction of the contingencies herein described, Escrow Hotder.shall close this escrow (the "Closing"} >?y recording a grant deed and the other documents required to be recorded, and by disbursing the funds and documents. in.aceordance with this Agreement: s.a Buyer and Seller shall each pay one-half of the Escrow Holder's charges and Seller shall .pay the usual recording fees and any required documentary transfer taxes. S.el Ier shall pay 'the premium 'far a standard coverage owner's ar joint protection policy of title insiuan~e. Buyer shall. pay f~pr any charges for A[.,TA. extended coverage, and for atry title endorsements that Buyer may request. s:s Estxrw Holder shall verify that .al] "Contingencies" {as defined in Paragraph 7.1} have been satisfied or waived prior to Closing. s:s if this transaction is terminated far non-satisfaction and non-waiver of a Contingency, then neither of the Forties shall thereafter have any liability to the other under this Agreement, except to fhe extent Qf a breach of any affirmative covenant or warranty in this Agreement. [n the event of such termination, Buyer shall be pmmptJy refunded all funds .deposited by Buyer with Eseraw Nvlder, less 5t}°~ of the Title Company and Escrow Holder cancellation fees and costs (.and Seller shall pay the remaining 5tl°~a}. s.7 The Closing shall occur on the Closing Date; or as soon thereafter as the Escrow is in condition for Closing; provided, howei+er, that if the Closing does not occur by the Closing Date. and said Closing Date is net extended by mutual instructions of the Parties, a Party not then in default under this P.gteeineni may notify the other Party and Escrow Holder; in writing that, unless .the Closing occurs. within 5 business days following said notice, the Escrow shall be deemed terminated without further notice or instructiaas.. fl:8 Except as otherwise provided herein, the termination of Escrow shall not relieve ar release zither Party from. any obligation to pay Escrow Holder's fees and casts or constitute a waiver, xelease ar discharge of any breach or default that has occurred in the performance of the obligations, agreements, covenants ar warranties contained therein. 7: Contingencies to Closing 7.t The Closing 4f this transaction is contingent upon the .satisfaction ar waiver of the contingencies of 'the Buyer set forth iii Paragraph 7.2 and 7.4 and in Paragraph 24 of the Addetiduni, and the oontin,gt:ncies of the Seller'set forth in Paragraph 7.4 (individually a "Contingency" :and c~oilectiveiy the "Cootingenci~es''}. 7:2 The Buyer's Contingencies. shall consist. o.f these items set forth below and in Paragraph 7.4 and in Paragraph 24 of the Addendum ("Buyer°s Cvntingeaeies"). IF BUYER lFAIL~S TO NOTIFY! ESCROW HOI,DEIt, tN V4RITING•, OF THE APPROVAL OF Al~]'Y OF BUYER'S CONTINGENCIES WITHIN THE TIME SPECIFIED THEREIN, IT SHALL BE CONCLUSI'VTsLI' PRESUMED THAT $UY'ER HAS DISABPR4VED SUCH ITEM, MATTER'OR DOCUMENT. Buyer's cpnditivnal approval shall constitute disapproval, unless provision is made by the 5.eller.arithin the time specified therefor by the Buyer in such condi.Yianat approval ar Ixy this Agreertzettt, whichever is later, far the satisfaction of the condition imposed z Initials PAGE lnidals :0.1910!00.53 195&80.3 by the Buyer. Escrow Holder shall promptly provide all parties rvitlt copies of any written disapproval or conditinrral approval which it receives; GVith regard to the Buyer's Contingencies set forth in this Paragraph 7.2, the tirne periods set forth in Paragraph 23 of the tlddendutn shall control. Further details as to Buyer's Contingencies are set forth iii Paragraph 24 of the Addendum and. shall central over any terms set forth in this pre-printed Agreement. ta) Disclosut~e. Seller shall make all disclosures required by law..Seller shall provide Buyer with a. completed A1R Commercial Reat Estate .Association {"AIR'S Property. Information Sheet ("Property Infoirmation Sheet") and the A112 "Seller's Mandatory Disclosure Statement" concerning the Properly; duly' executed by or an behalf'af Seller within 1D days following the Date of Agreement. Buyer shall approve ar disapp%ve the.mlttters disclosed. (tr) Physical Inspection: Buyer shall satisfy itself with regard to all physical aspects of the Property (includ. ing, without limitation, environmental aspects of the Property, soils inspection, and survey) within ten business. days after the receipt of all disclosure documents from Seller ra;lated to the physical inspection of the Property that Seller has ar will obtain. {ck Conditions of Tine. Escrow Holder shall cause ~a current preliminary title report {"Title. Report") concerning the Property issued by the Title Cgmpany, as well as legibly; copies of all documents refereed to in the Title Report ("Underlying Documents") to be delivered to Buyer. Within 1D business days: following receipt of the Title Report and Underlying Documents, Buyer shall satisfy itself with regard to the condition of title; Buyer herel2y disapproves any monetary encumbrances. and Seller shall have the obligation, at Seller's expense, to satisfy and remove all marretary encumbrances at or before the Closing. At Closing, Seller shall also quitclaim to Buyer the easements described as Exceptions 7, 8, and 9 on Schedule B in the January 28, 20[)9 Preliminary Title Report ("January PTR") and shall execute a recordable 'Termination Agreement ("Termination Agreement") to remove from title the agreements described as Exceptions 13 anti I4 as Schedule B in the January PTR. (d) UtJier rgreements, Seller shall provide Buyer with legible copies of all other agreemc;nts ("Other Agreements") known to .Seller that will affect the Property after Closing: and Buyer shall satisfy itself with regard to such Other Agreemens within ten { 10) business days of receipt. (a) Personal Property: I~Ia personal prclperty is included in this trai?saction. (t} Destrreetion, YJamage o?- Loss. Damage or destruction to the improvements on the Property shall oat affect the Purchase Price or Ehe o6ligatiotts of the Parties to proceed to the trlasing; provided, however, that, notwithstanding any damage ar destruction, Seller shall, fo.lbwing the Closing, perform Seller's Wark as described in Paragraph 27 of the Addendum. (g) ~Iler 1'erfrtrexaance. The delivery of al! documents and the due performance by Seller of each and every undertaking and agreement tp. be performed by Seller under this Agreement. (fi) Wrarrr:rnties. Each n:presentation and warranty of Seller herein be true and correct as pf the Closing. Escrow Holder shall assut>;te that this condition has been satisfed unless notified to the contrary in writing by any Party prior to the Closing. 7.3 All of the Buyer's Contingencies, which include the Contingencies .of the Paities~ described in Paragraph 7,4 ("Bayer's Contingencies") are far the bene .fit of; and may be waived by, Buyer. if any Buyer's Citntingency or any other matter subject to Buyer's approval is not approved (with silence constituting disapproval) qr waived by Buyer as provided for herein in a timely manner ("Disapproved Item"}; Seller shall have the right bit not the obligation within 10 days fallowing the receipt of notice of Buyer's disapproval or deemed disapproval to. elect to cure such Disapproved Item prior to the Expected Closing Date ("S.eiler's Election"), Seller's failure to give to Buyer within such period, written notice of Seller's comntitmetlt to cure such Disapproved Item on or before the Closing Date shall be: conclusively presurned to be Seller's Election not to cure such Disapproved Item. if Seller .elects; either by wrirten notice or failure to. give written notice, not to cure a Disapproved Item, Buyer shall }lave the election; within 10 days.after Seller"s Election to either accept title to the Property Subject to such Disapproved Item, or to terminate this #ransactiga. Buyer's failuri: to notify Seller in writing of"Buyer's eieetion to accept title to the Property subject to the Disapproved Item without deduction or offset shall constitute Buyer's election to terminate this iransactiori. Unless tha Parties mutually instruct otherwise, if 'the time periods for the satisfaction of corningencies or for Seller's and Buyer's said Elections would expire .on a date after the Closing. Date, the Closing Date shall be deemed extended for 2 business days following the expiration of: (a) the applicable equ?tingency period.(s), (h} the period within w~hi'th the Seller may elect to cure the Disapproved Item, or (c) if ~~eller elects not to cure, the period within which' Buyer may elect toproceed-with this iransactiQn, whieh~ver is later. 7.4 The Buyer's. Contingencies shall include those items sat Earth in this Paragraph 7.4. The Contingencies set forth 'in this Paragraph 7.4 shall also be Seller's Contingencies to Closing ("Contingencies pf the Parties"). sy each Forty's execution of this 'Agre'ement, each party acknowledges and agrees that it has. approved the following eontingeneies: s Initials PAGE Initials if19?610p55 '585880. (a} The City Cou~il has apprvvCd; by nseans of Resolution No. 9778, a Dopy of which is..attached. hereto as Exhibit "B", a zoning variance, which vatiartce is in form and substance satisfactory to Seller and Buyer. (p). Seller has prepared n metes and bounds legal description of the Property, as separated from the remainder of Seller's property. The Propettjr is legally described and depicted in Exhibit'"A" attached hereto; which description and.depirtion are in form and substance satisfactory to Seller and Buyer. Seller shall obtain a record of survey far the praperry being ret&~ined lay Seller. (c) Seller and Buyer have. agreed .capon various non-exclusive easements, all as described in the F,asement Agreement (including depictions} in the farm attached hereto as Exhibit "C" (the "Easement Agreement"}. (d} All of theContingencies of the Parties are far the benef t of both Buyer and Seller, and may only be waived ifwaved by both 13uyer and Seller. The Exhibits described in this Paragraph 9.4 ate attached prior to the execution version of this Agreement. s. 13acuments Required at or before Closing 8:1 Prier is the Closing date. Escrow Idslder shall obtain an updated Title Report concerning the Prraperty from the Title Company and provide copies therecef to. each of the Parties: a.z Seller shall deliver to Escrow Holder in tune far delivery to Buyer ar the Cbsing: (a) Grant deed, duly executed and in recordable form, conveying fee title to the Property to Buyer. (ti} Other Agreements tagetlter with duly executed assignments ihereof by Seller and Buyer. (c) An affidavit executed by Seller to the effect that Seller is not a "foreign person" within the meaning of Internal Revenue Code Section 1445 nr successor statutes. if Seller does not provide such affidavit. in form reasonably satisfactory to the Escrow Holder at least 3 busyness days prior to the Closing, Escrow Nalder shall at. the Closing deduct from Seller's proceeds and remit to Internal Reventte Service such sum as is required by applicable Federal Ia3v with respect to purchases from foreign sellers. (d) An affidavit exeeatted by Seller to the effect that Seller- is not a "nonresident" within the meaning of California Revenue and Tax Code 3ectian 15662 or successor statutes. If Seller does not provide such aidavit in faun reasonably satisfactory to Sserour Holder ai least 3 business days prior to the Closing, Escrow Holder shall at the Closing deduct from Sellers proceeds and remit to the Franchise Tax Board such sum as i s required by such statute. te} Evidence of Seller's authority to enter into.this Agreement ar?d perform according to its terms. Easement Agreement duly executed by Seller and Buyer. (g} A Request for Partial Reconveyanc.e froth any lender balding a security interest in the Property releasing any liens and encttmbxances on the Property. (t,} A release of any security interests eviderheed by financing statement's encumbering the Property. (i) A quitclaim deed, duly executed acrd in recartlatile forth, quitclaiming to Buyer the easetents described as Exceptions 7,. 8, and 9 described on Schedule B of the January P1'R. Q) The `fetrriination Agreement, duly executed and in recordable farm, terminating the agreenaeats described as Exceptions 13 and 14 described vn Schedule B of the January PTR. es Buyer shall deliver to Seller through-escrow: (a} 'fhe each portion of the Purchase Price and such additional sums as are required of Buyer under this Agreement shall be deposited by Buyer with Escrow Holder, by federal funds wire Transfer, or any other method acceptable to Escrow Holder as immediately collectable funds, no later than 2:OD P.M, an the business day prior to the Closing Date; (t,) Assumptions duly executed by Buyer of the oblige#ions of Seller that accrue after Closing under any Other.Agreements. (e) Easement Agreement duly executed by Seller and Buyer. (d) Termination Agreement duly executed by Seller and Buyer. 8,4 At Closing, Escrow Holder shall cause W be issued to Buyer a Standard coverage (or ALTr~ extended, if elected pwsuant to 7.1(gj} owner's form policy Qf title insuraaee effective as of the Closing, issued by the Title Company in the full amount of the Purchase Price, insuring title to the Property vested in Buyer, subject only to the exceptions approved by Buyer. 9. Prorativns and Adjustments; Other Past Closing Matters 9.1 Taxcs~. Applicable real property taxes and special assessment bonds.shall be prorated through Escrow as of the date of the Closing, based upon the latest tax bill available. T'he Parties agree to prorate as .of the Closing any taxes assessed against the Property by supplemenfal bill levied by reason of events occurring prior tv the Closing. Faytrteat of the prorated amount Shall be made promptly in cash upon receipt of a copy of any such sttpp}emental bill. At the Close of Escrow, Esemw Folder shaL1 notify the County Assessor's Public /'~"f ' 4 lnitia}s PAGE Inirrals 01910A06~33185580.3. Acquisitions Department and remit a cheek {if any} for the. prorata share of real property. taxes oa said Property, as of date of Close:of Escrows for the tax year in which the Close of lrscraw occurs, as disclosed by preliminary report issued in connection herewith, for the prorata share of said takes from the. commencement of the applicable tax year through the Close of Escrow, qr as otherwise amended in writing prior to the Close of .Escrow. Escrotiv Haller is further authorized and nsttructed to issue a letter at Close of Escrow to the Disbursement/'Tax Division of the County of I,as Angeles A.ssessgr's CSfFee, requesting tax cancellation status. Escrow Holder is authorized to issue said letter of inP'ormation notifying same of the transfer pl'the Property tea body corporate and politic and remit any taxes due, if any, as of the Close of .Escrow. Upon Escrow Holder's receipt of a cantirming acknawlt:dgement, Escrow Holder will forward a cagy to Buyer, subsequent to the Close of Escrow. s:z Post C1USng PuymenES. Any item to be prorated that is not determined or determinable at the' Closing shall be promptly adjusted by the Parties by appropriate cash payment outside of the Escrow when the amount due is determined. s.3 Pvst CT~si~aT; I3'ork. After the Closing, Seller shall. perform Seller's Work, as defined in the Addendum hereto, in accordance wvith the terms of Seller's Demo Contraei, as described in the Addendum hereto, a copy of which is attached hereto as Exhibit "D". to. Representatia.n aad Warranties ui'Sel~er tQ.t Sc1Ier's warranties. and representations shall sun~ive .the Closing and shall not be merged into .the Crrant Deed, and are true, material and relied upon by Buyer in all. respects. Seller hereby makes the' following warranties and representations to 13uyer~ (a) ~lulhDriry pf Setter. SeIler is the owner of the Property and has the full riiht, power and authority'to enter into this Agreement and the documents required hereby to be executed by Seller, aril to sell. convey and transfer the Property to Buyer as provided. herein, and to perform Seller"s obligations hereunder. 4b) Company Actions. All requisite company action has been taken by Seller in connection with llte entering into this Agreement and the'. documents required hereby to be. executed by Seller, and the consummation of the transactions cnntenzplated hereby. (c) Srgnatttre authority. The individuals.. executing this Agreement and the documents required hereby to. be executed by Seller on behalf a£ Seller have the }egal power, right and actual authority to bind Seller to' the terms and conditions hereof and thereof. {d) Sleeting (7bligatrons. This Agreement and all documents requirdd hereby tq be executed by 5ellc~• are and will be valid, legally binding obhgatiarts of and enforceable against Seller in accordance with their teens, subject only to applicab.[e bankruptcy, insgl~eney, reorganization, mgratarium laws or similar laws nr equitable principles affecting ar limiting the rights of contracting parties generally. (e) Aeeurc~cy of R~preserrtcal.ioris. Except far reports or documents prepared by tllird parties far the benefit of Seller that are provided to Buyer (as to which Seller makes nn representation 'or warranty as to accuracy or completeness}, nd representation ar watrattty made by Seller in this Agreement or in any document ftimisherl or to be furnished to $uyer pursuant to this Agreement contains or avid contain any untrue statement of a material fact, or omits pr will omit to state a material fact necessary to make the .statements or facts contained therein not misleading. Except to'the extent set forth in writing from Seller, Seller's representations and warranties. made in this Paragraph will be continuing and will be true and correct as of the Closing with the same farce and effect as if remade by Seller ai that time, (tj Hazardous SubrtaxzcesJStorage Tanks. Seiler has no knowledge, except as,atherwise disclosed to Buyer in writing, of the existence or prior existence on the Property of any H.a2ardous Substance, nor of the existence or prior existence of any above or below ground storage tack. (g) ComvTiance. Seller has no kngwledg~ of any aspect ar condition of the Proper-ty which violates applicable laws, rules, regulations, codes or etivenants, conditions or restrictions, Eir that there is any unfulfilled order or directive of any applicable governmental agency requiring. any investigation orremediation be performed on the Property except to the .extent the same are valid non-conforming uses and except. to the :extent of 5eller's. Contingencies to Closing set forth in Paragraph 7,4. (h) C'hr~nges in AgreerneFats. Prior to .the Closing, Seller will not violate qr modify any father Agreement, or create any new, or amend, modify or extend any existing, leases err Other Agreements affecting the Property,. without .Buyer's wririen &ppxoval, which approval may be granted or denied in Buyer's sale and absolute discretion. (i) Pastessory Rights, Seller will take possession of the Property, free of any rights of any other party to pnssession except as provided in the Addendum. (j) Meci7ailtcs' Liens. There are no unsatisfied mechanic's: or materialman"s. lien rights concerning the Property. 1 5 Inflials f'AG.E Initials 0191' WOQ531 t3Cia80.3 (k} ~l ctiorrs; Salts or Prneeeclings. Seller has no knowledge- of any actions, suits or proceedings .pending or threatened before any .commission, hoard, bureau, agency, arbitrator, court or tribunal that would affect the Pr©perty or the right to occupy or utilize same. ~a Se71er Bcarrkrrxptcy Proceedings. Seller is not the subject of a bankruptcy, insolvency ar probate proceeding. For. purposes of this Agreement, with respect to the Seller, "Icreawiedge" shall mean tl~ actual, but not constructive, knowledge of Douglas Pittman, without inspection or inquiry. Douglas Pittman is the Engineering Manager of the Seller ~r Plant 23 (Vernon, Californie),'and isthe person. with the mast estmplete and accurate information as to the condition of the Property and the accuracy of the representations and warranties provided to the Buyer. 41. Buyer's Entry At.any time prior to the Closing, "Buyer, grid its-agents and representatives, shall have the right at reasonable times upon reasonable advance nonce to Seller, to enter upap the Property f'ar the purpose of making inspections and tests specified in this Agreement; including such borings and other physically invasive testing that may be required, provided, however, that Seller shall first be notified of arty 'borings or other invasive testing. The .exercise of such riT;hts shall not materially impair Ssller's use of or access to the Property. Following any such entry or work, unless otherwise direet~d in writing by .Seller, Buyer shall return the Property to the condition it was in prior to such entry or work. All such inspections and tests and any other work conducted or materials furnished with respect to the Property by ar for Buyer shall be paid for by Buyer as and when due. $uyer shall indemnify, defend and hold harmless Seller, its employees, officers, staff, agents and representatives; from and against any claims, causes of action, obligations; liabilities, costs, and expenses (irtGTuding, without limitation, reasonable attorneys' i'ees and costs.). arising out a#' or related to personal injury or property damage resulting from the exercise of Buyer's rights under this Paragraph 11. The results of al[ inspections and tests conducted by or an behalf of Buyer shall 11e made available:ta'Se11er at na cost. 12, Further Docuwenta and Assurances The 1'artics shall each, diligently and in :goad faith, undertake al.! ac#ions and proctadure5 reasonably required, to place the Escrow in cgpditian for Closing .as and when required by this Agreement. 'T'he Parties. agree to provide all further information, and to execute and deriver al] further doe:uments, reas~inably required by Escrow I-Iolder or the Title Company. 13. Attorneys' Fees If any Party brings an action or proceeding (incluting arbitration) involving the. Property whether founded itt tart, contract or equity, or to declare: rights hereunder, the Prevailing Party (as hereaf#er defined) in any such proceeding, action, .or appeal thereon, shall be entitled tci reasonable attorneys' fees. Sµch fees may be awarded in the same suit or reeov.ered in a separate suit. The term "Prevailing Forty" shall include a Party 'tivho substantially obtains o.r defeats the relief sought, as the case;-may be, by judgment Qr the abaridoriment by the other Party of its claim or defense. The attorneys' Fees award shall not be computed in accordance with any court fee schedule, but shall be such as to fully reimburse all attorneys' fees reasonably incurred. 14. Pi-iar Agree»esttslAmendrneats 44.7 This Agreement sets fottli the entire agreement between the Parties as to the matters .set forth. herein; and supersedes, and' reglaees any and' a]] prior and contempoizneous negotiations, discussions, writings, letters, or agreements, whether written or oral, between Seller and Buyer regarding the Property. 1az Amendments to this Agreement are ell'ective only if made in writing -and executed by Buyer and Seller, 45. Notices 15.1 Whenever arty Party ar Escrow Holder shall desire to give or serve any .notice, demand, request, approval, disapproval or other communication, each such communication shall be in tivriting and shall be delivered personally, by messetrger or by rrtail, postage prepaid, or nationally-recognized overnight courier, to the address set forth in this Agrcement;ar by facsimile transmi-ssian. 15.2 Service of any such camrriuiucation shall be t3eeme:d made on the date of actua€ receipt or refusal m accept delivery. Communiuitions transmitted by facsimile transmission shall be deemed delivered upon telephonic confirmation of receipt (confirmation report front fax machine is sufficient), provided a cagy is also delivered via delivery or mail. If such eomrnunication is received or; a Friday, Saturday„ Sunday ar legal holiday, ar after 5°QO p,m, (PT) it shall be deettied received on the next business day. 15.3. Arty Party hereto may from time to tune; by notice in writing, designate a different address to which, or a different person or additional. persons. to whom, all communications are thereafter io be made. ~r~ • 6 Initials PAGE In9Gals 01950104$3 785880:.3 16. Duration of Offer t5:1 If this offer is not .accepted by Seller on or before S;OU :P.M, according to the tune standard applicable to the City of Vernon, Caiiforttia on March 31, 2049,. it shall be deemed automatically revoked, 16:2 The acceptance of this offer, or of any subsequent counter offer hereto, that creates an agreement between the Parties as described in Paragraph 1 shall he deeaned made upon delivery to the other Party herein of a duly executed writing unconditionally accepting the last outstanding.offer or counteroffer. 17.. LIQUIDATED DAMAGES {This Liquidated Damages paragraph is applicable only if initialed by both parties:) THE PARTIES AGREE 'THAT lT WOULD 135; IMPRAC'FICABI.,E OR EXTREMELY DIf`FTC[1IrT TO FIX, PRIpR TO STGNTNG 'THIS AGREEMENT, THE ACTUAL DAMAGES WHICH WOULD BE SUFFERED BY SELLER IF BUYER FAILS TO PERI~O.RM ITS OBLIGATIONS UNDER THIS AGREEMENT. THEREFORE, IF, a~FTEIt THE SATISFACTIQN OR WAIVED OF ALL CONTINGENCIES PRt}VIDED FOR THE BUYER'S BENEFIT, BUYER BREACHES THIS AGREEMENT, SELLER SHAL[. I3E ENTITLED, AS ITS SOLE. AND EXCLUSIVE REMEDY )aOR BUYER'S BREACH tlF THIS AQREEMENT (ALL OTHER RIGHTS AND REMEDIES BEING W~LIVED HEREBY;. WITHOUT LIMITING THE FOREGOING, SELLER HEREBY WAIVES THE PROVISIOItiS tF CALIFORNIA CIVIL CODE SECTIDN 3389) TO LIQUTDA7'ED DAMAGES 1TV THE AMOUNT Ol: $20.0,00. UPON PAYMENT OF SAID SUM TO SELLER, BUYER SHALL BE RELEASED FROM ANY FUR'T'HER LIABILITY 1'O SELLER, AI~ID.ANY ESCROW C:ANCI•:LLA"FTt)N 1~)alz`S ANTI "T"ITLE COMI''ANY CI-IARGES SHALL BE PAID BY SELLER. Buyer's litials Seller's Initials 1s. Miscc[laneons is.1 13incling E,,~fect. This Agreement shall be binding on the Parties. iS.2 ~tpplieable Law. This Agreement shall .ba governed by the laws of the stake of California, t8.3 Tii?rae of Esseni'e.: 'Fiore is of the essence of this Agreement. t8.a Counle~rparts. This Agreement tttay be executed by $uyer and Seller in counterparts, each of which shall be deemed an original, and all pl' which together shall constitute. one and the same instrument. Escrow Helder, after verifying that the cauntet~hrts are idet?tical except for the .signatures, is authorized and instructed to cgmbine the signed signature pages on one of the counterparts, yfhich shall then constitute the Agreement. 18.5 Conflict. Any conflict between the' printed provisions of this Agreement, and the typewritten or handwritten provisiorts shall.be controlled by the typevuritten or handwritten provisions. ts:s .Surviti=al. The ptoti~isions of this Agreement and the, Addendum shall survive the Closing. 19. Constructiaa of Agreement In construing this Agreement, all headings and titles are for the convenience of the parties only and shall not be considered a part of this Agreement. Whenever required by the context, the singular shall include the plural and vice versa Unless otherwise specifically indicated to the contrary; the word "days" as usrrd in this Agreement shall mean and refer to calendar days. For purposes of this P,greemt;nt, "businc~s days" excludes Fridays, Saturdays, Sundays, anal holidays. This. Agreernenl shall not be construed as if prepared .by one of the parties,.but rather according to its fair meaning as a whole,. as if both parties had prepared it. zo. Addition~il Provisions and Exhibits. Additional provisions of this Agreement era attached hereto by an addendum (t1;e "Addegdtttn") consisting of Paragraphs 21 through 32, Exhibits "A", "B", "C", and "D". The Exhibits are attached hereto and incorporated herein by this.reference. 7 Initials PAGE leitials 0-.181 tJJ0o53 185880.3 Seller accepts the foregoing offer to purchase tl~e Property and hereby agrees to sell the Property to Buyer on the terms and conditions therein. specified. Seller acknowledges receipt of a copy hereof and has delivered a signed copy to Buyer. The undersigned Buyer offers and agrees to buy the Property on the terms and conditions stated and acknowledges receipt ofa copy hereof. BUYER: City of Vernon Leonis . ~ alburg, Mayor Est: Mariuela Giran, City Clerk Dated; ~~~~IL~I Approved As orm By: Jeff A. arris n, City P;ttarney natea: 3 /z~~~ 9 Address: 4305 6anta Fe Avenue Vernon, CA 90U58 Telephoner 323-5$3-$.811 Fax: 3~3-$2fi-1438 Federal 1D Nb.: 95-ti000808 SELLER: Seller: t?w. ens-$rQekway Criass Container lne., a Dela+pv~are corporation B.y: Its: Bv: Its: Fealeral ID. No..22-2784}44 Dated: Address: One Michael (Owens Way Perrysburg, OH 4355 1-29 99 Telephone: 567-336-5001 Faz: 567-336-2623 d~~- & Initials PhGE Initials A19t010053 185880.3 Addendum to Standard Offer, ~?greennent And Escrow Instructions for Purchase of Real Estate. Buyer: City of Vernon Seller: flwens-Brockway Glass Container Inc. Propertyt Southeast Corner of'SD"' Street and Sato Street, Vernon, California Dated: March 1C., 2009 [for reference purposes auly) In the event of a conflict betvr>een the terms of the Standard. Offer, Agreement and Escrow Instructions (the "Pre-Printed Form") and this Addendum (the "Addendum"), 'the terms of the Addendum shall control. Any initially capitalized term used in this Addendum that is not defined herein shall have the,meaping:ascribed to such term in the Pre-Printed Form. Collectively, .the Pre-Printed Form and this Addendum are referred to as the "Agreement." 21. Seller's Reports. On the Date of Agreement, Seller shall deliver to Buyer al] analyses, tests, reports, or studies that Seller curnently has in its possession relating t!o the condition of the Property and dated within the past three (3) years, including, withou# ]imitation., all soils and geological reports, surveys, copies of any written contracts, agreements, warranties, ar other documents that currently affect the Property, the preliminary title report {with all underlying: documents in legible forrn), and environmental reports, including, without limitation, any existing Phase I and Phase II Environmental Report [collectively, the "S€ller's Reports"). Any enviro~unental reports delivered to Seller (including any existing Phase I and Phase II Environmental Report) shall be dated within the nine month period prior to the Date of Agreement. Seller makes no representations or warranties, either express or. implied, with. respect tQ the accuracy, camplefeness; contents or any other matter pertaining to the Seller's Reports that have been prepared by third parties. Buyer agrees .that Buyer is relying solely on its own inspections and tests regarding the Property and those representations and warranties made by Seller in this Agreement o, r Other documents provided to Seller by Buyer [except for those prepared by third parties). 22. .Buyer's Due IDiligence. Upon mutual execution of the Agreement, and upon not less. than twenty-four hours' notice to Seller, Buyer and its 1 U l41tNOts3S 183869 7 agents shall have access to the Property to allow for necessary inspections and testing, provided that Buyer steal] abide by the provisions. of Paragraph 11 of the Pre-Printed Form. Buyer shall Ii'ave the right to undertake, during the Contingency Period, a Phase If environmental study of the Property, including, without liiriitation, any borings ar other invasive studies required to complete the Phase II .study. All reports, .studies; and analyses (including, ~uvithQUt limitation, any Phase I or Phase II $nvironmenta! Study} that Buyer desires to obtain in connection with its due diligence shaII .be obtained at. the sole cost and expense Qf Buyer. 23, Contingency Period. The time period (the °FContnngency Period") for the satisfaction or waiver of all of Buyers Contingencies, including. but not limited to those described in Paragraph 7.2 of the Pre-Printed Form; shall be ten { 10) business days after the Buyer's receipt of the Seller's FEeports. 2.4. Contingencies. Buyer shall have the time period s.et forth in Paragraph 23 of this .Addendum to determine, in its discretion,. whether it is satisfied with all aspects of the Property and the transaction, including, without Iirnitation, those Buyer's Contingencies set forth in Paragraph 7 of the Pre-Printed Fore and all other matters related to the Property; including economic analyses, issues related to: Hazardous Substances, condition of the Property (including soil compaction, environmental condition, physical inspection of the building.}, title and survey, fitness. far a particular use, marketability, prospects for future development, use, or occupancy, and any other matter related to Buyer's use of the Property. Notwithstanding anything to the contrary in Paragraph 7.2 of the Pre-Printed l?prn, Buyer and 5e_Iler acknowledge that Buyer may, in its sole and absolute discretion, determine, during the Contingency Period, that there are issues related to the condition of the, Property, such as marketability or prospects. far future development pr existence of Hazardous Substances on the Property, that are nat subject to cure by Seller, and that Buyer may, upon timely and proper written notice to Seller, terminate this Agreement, if Buyer should timely and properly terrrrinate the Agreement, Buyer shall obtain a full refund of its Depas'rt, less payment of all title and escrow casts. 25. Role of City Health and Environmental Control Deyartment (.the "Health Degartment"). !t is understood that nothing ixr this Agreement affects or limits the City Health Department's responsibilities in the administration of heal, state and federal la~cv with respect to rernec3iation of z 61910/0053 ]83883.2 the Property, if such remediation is required by lavr. Seller agrees that neither Buyer's- relationship to the City Health Department or anything required of Seller by the City Health Department. in carrying out its responsibilities under the law, shall esccuse Seller's obligations under this Agreement. It is further understood that Buyer's approval of any contingency relative to the condition of the Property only includes approval by the Buyer {City of Vernon), and d6es not necessarily constitute approval by the .Health Department. 2fi. Seller's Obligations. Seller shall not solicit or accept offers for the purchase ar lease of the Property, on any terms; from prospective buyers yr tenants unless this Agreement has been terminated, Without the prior written consent of Buyer, Seller shall nvt modify ar exten'd any existing lease or other contract related to yr .affecti.ng the Property unless this Agreement. has been terminated. 27. Demolition and Retnediation Obligations. Auer the Closing, Seller, at Seller's sole cast and expense, shall perform. the Demolition Work aid the Rernediation Work described below. CollectiveLy,. the Demolition Wark and the Remediation Work are referred to as the "Seller's Work". Upon receipt of the certificate ¢f insurance described .in Paragraph .ZB. below, Buyer -shall grant to Seller and Seller's contractors, subcontractors and agents an revocable license to enter onto the Property in order to perform Seller's Work in accordance with the :terms hereof. Seller°s Work shall not commence until Seller's contractorr has received permits from the City of Vernon Building Department, which permits shall not be unreasonably withheld nr delayed. The license to :enter the Property and perform S.eller's Work will only be revalced by Buyer after Buyer has delivered tv Seller a ten ('1Q) day prior written notice of any breach ar default by Se'Cler or violation o.f this Agreement as of lave and Seller has not.cured such breach, default, or violation within such ten (10) day period, provided, further, that Buyer will nit revoke the license if Seller eom~nences the. cure within such ten (10} day period and promptly and diligently .prosecutes such cure to completion. Notw. ithstanding anything set forth herein, Buyer tray revoke Seller's license if Buyer elects to complete the Seller's Work in accordance with the terms,. of Paragraph 31. The name of the contractors handling. SelIer's Work and the terms of the scope of work and .performance standards for Seller's Wvrk are set Earth in Seller's Demo Contract, a copy of which is attached hereto as Exhibit "D" and incorporated herein by this reference. Seller's 3 0181 D10053~.185883.2 Work shall be performed in accordance with the terms of this Addendum and Seller's Demo Contract, and. any material changes to Seller's Demo Cantracf must be-approved by Buyer, in Buyer's reasonable discretion. 27:1 S.eller's Demolition Work shall mean the following: a. All manmade items., structures, and buildings, including. footings and foundations, shall be removed from the Property; provided, however, that where foundations extend deep below the surface, the portion of the foundation or foa#ing that is inure than 1 ~ feet below grade may be lEfl; in place. 1~hei~e such foundations ar footings are left in place, a land surveyor must record a covenant indicating the location of the buried object. The. base or fluor of any foundation left in. place shall, where necessary, be broken up to. provide appropriate drainage. b. After removal of alI .structures as prrovided herein, the Property shall be left level, with any holes filled with clean soil. The surface shall be .graded so that surface drainage shall be in the direction of adjacent public streets or adjacent railroad property and in compliance with NPDES requirements. Clean sail from the. Property may be used as fill fnr any voids. if there is not sufficient clean soil on the Property for .this purpose, clean imported soil is to be used far .fi.ll. No crushed material may be used as fill. All fill material is to 6e compacted to a relative compaction of 90°fo. Crushed material from the Property may be used solely to cover the site with a two. fb three inch layer of crushed material, spread over the site 'and compacted to a minimum of 90"~`a. All asphalt and all other crushed materials are to be removed from the Progeny. Any excess soil vn the Property after leveling shall be removed. The Property shaI] be kept secure at all times, as further described in Paragraph 30 below. c. Th.e approval of the Demolition Work by the City of Vernan's Department of Comrnunity Services .(the "Cammuniity Services Department"} in ac.cardance verith the terms of Seller's Demo Contract and this Addendum 4 uiainioass loses;.a shall serve as ev.idenee of the satisfaction of this requirement, 27.2 Seller's Remediation Work shall mean the following: a.. Seller acknowledges that Seller's Demolition Work shall include the removal and disposal of all hazardous materials that may be in, about,, or around the building and the Property, including, without limitation,. lead based paint and asbestos containing.. materials {"ACM") to the Levels reasonably below those set forth in the United States Environmental :Protection Agency Regional Screening Levels for Chemical Contaminants at Super Fund Sites, 200$, utilizing the appropriate screening l.evel.s th. at are protective of industrial soil, industrial air, and ground water. The demolition, removal, and disposal of all such hazardous materials, including lead based paint and ACM, shall be performed in aocordai~ee with the provisions related to "Performance of Seller's Work" standards described below. b. All contaminants, including contaminated soil, and specifically including the oil filled transformers, shall be removed, in accordance with and to the degree required by the terms of Seller's.Demo Contract and this Addendum. c. The issuance of the Certificate of Closure, if one is required, by the Health Department shall serve as evidence of satisfaction of this requirement. If a Certificate of Closure is not required, the approval of the Remediation Work by the Health Department in accordance with the terms of Seller's Demo Contract and this Addendum, shall serve as evidence of the satisfaction of this requirement. 27.3 Performance of Seller's Work. a. Performance Standards- for All of Seller's Work. Seller shall be responsible for monitoring, reviewing, and approving the Seller's Work ar~d enforcing the terms of Seller's Deena Contract. All of Seller's Work is to be conducted in a safe, prudent manner, in accordance with industry standards and in accordance with all applicable laws, including, without limitation, laws. regulating the handling, transfer, storage, and disposal of all Hazardous Substances.. The Seller's 5 Q 14101UB53.185fi$32 Work shall be performed in accordance with Seller's Demo Coriiraet. Seller shall pay for all Seller's Work in accordance with the terms of SelIer's Demo Contract, and Seller shall require its cnntractAr to pay all subcontractors and materialmen in full. All permits required to perform Seller's Work must be timely and properly obtained: b. Performance Standards for Remectiation Work. In addition to the standards set forth above, which shall apply to all of Seller's Work, the Remedi_ation Work shall be performed by eontractars competent .and knowledgeable in removing and transporting Hazardous Substances. For purposes of app[icabie law, Seller shall be Warned as the responsible party on all manifests, licenses, and docum. er?ts regarding the storage, release, and transfer of Hazardous Substances removed by Seller .as a part of the Remediation Work; and shall be listed an all manifests at the landfill site as the responsible party for said substances. 27.4 Completion of Se.ller's Work. Seller shall use its reasonable good faith efforts to cause the Seller's Work to be completed within one hundred twenty (1 Zn) calendar .days after the Closing ("Completion Date"), subject to the terms and conditions of Paragraph 31. of this Addendum. Completion of the Seller's Work shall mean that: a. As to the Remediation Work, the Health Department shall have issued a Closure certificate, ifane is required, or.shall otherwise have approved the Remediation Work as described in Paragraph 272(cj. b. As Lo the Demolition Work, Community Services shall have approved the DemoIitio.n Work. c. ,As to all of Seller's Work, Seller has delivered to Buyer full and complete mechanic's and materialmens' lien releases from all contractors and subcontractors per#'orming the Seller's Worker prpviding materials for the Seller's Work. The Health Department and Community Services shall not unreasonably withhold ar delay their approvals of the completion of the Seller;s Work. 5 X5191 Di G1153 1 Ssk831 2$. Insurance. Prior to entering upon the Property after the Closing, Seller shill (i) procure;, pay for and keep in full force and effect from the date. of Closing through the completion of Seller's Work (the "Work Period"}, an occurrence form commercial general Iia,biity policy with respect to the Property and the activities of Seller, its agents, employees, contractors and consultants relating to the Property in which the limits writh respect to personal injury or death and property damage shall not be Tess than Two Million Dollars ($2,DDD,D00) per occurrence, (ii) procure,. pay for and keep in full farce and effect until the completion of Seller's Work, or require Seller's contractors to procure, pay for and keep in full force and effect until the completion of Seller's Work, an recurrence form pollution liability insurance policy with respect to the Property and the activities of Seller, its consultants, agents, employees, cciritractors and subca.ntractors, relating to the Properly in which the limits: shall not be less than Twa Million Dollars ($2,DDD,D00} per occurrence, with each of the foregoing policies under (i) and (ii) naming Buyer as an additional insured party; and (iii} provide Buyer with certificates .af insurance evidencing such insurance. 29. Indemnity.. Seller shall indemnify, defend, and hold harmless Buyer, its employees, elected offcials, staff, agents, and representatives, from and against all claims, causes of action, obligations, liabilities, costs, and expenses (including, without limitation, reasonable attorneys' files and costs) (collectively, "Claims") arising out of or rei.ated to (a} the ca~ndition of the Property during. the Work Period, including, without limitation, the continuing existence of any' Hazardous ~ubstanceson the Property during the Work Period; (b) the entry by any per$an onto the Property during the Work Period; (C) any: claims arising out of the Seller's Work {including, without limitation, claims related to injury. , illness, or death, damage to property, or the removal,. transfer, storage, yr disposal of the Hazardous Substances}; and {d) claims asserted against Buyer as a result of the existence of the landfcU at which Hazardous Substances from the Property are disposed or the disposal of the Hazardous Substances from the Property at such site; e~ecept to the extent of any Claim resulting. from the negligence or willful misconduct ofthe Buyer, its elected officials, employees, agents nr staff. 30. Security. a. Duric~g the Work Period, Seller shall, at its sole cost, rriaintain security at the Property, including; without limitation, installing and 77 ti) 9 I OlIXIS3 1 HSS83:! maintaining a security fence ar other form of enclosure and, if reasonably necessary in terms of conditions at the Property, netairiing a security .guard at the Property during the Wark Period. During the Work Period,. Seller shall have sole 1'iability for conditions at the Property and securing the safety of persons and property, and hereby releases Buyer, and its elected officials, employees, agents, and staff from any claim for any lass,, theft, damage, or injury to person or property occurring nn, at, or about the Property during the Work Period, 'except .to. the extent. any claims result from the negligence or willful misconduct of the Buyer, its elected officials, employees, agents, or staff, b. Following completion of Seller's Work, Seller shall install and maintain along the parcel lines separating the Property from the parcel retained by Seller a permanent security fence that is a minimum of six (fs) feet high. The existing fence currently. on the Property may be used for this purpose,. unless. it is damaged during the process of Seller's Work,. in which ease it shall lie repaired to Buyer's reasonable satisfaction. The cost of the installation and maintenance.of said security fence shall be shared equally by the Seller and the Buyer, which cost. shall be as set forth in the. February 25, .2049 proposal from. Pilgrim Fence Co. addressed to Doug Pittman of Qwens-IIlinois. Buyer shall promptly reimburse Seller for Buyer's share thereof following notice to Busier at the completion of said work. 31. Holdback of Funds far Demolition and Remediatian. Seller and Buyer hereby agree that the amount of $560,000 for the completion of Seller's ViTOrk (the "Holdback iinnds") shall be withheld from the Purchase Price and be retained in Escrow. Seller shall r?otify Buyer that it has completed Seller's Work in accordance with the terms set forth in this Addendum. Buyer shall approve the completion of Seller's Work by means of the approval of the Department of Community Services and the issuance of the Certificate of Closure by the Health Department, if a Certi$cate ©f Closure is required, and if not required, by the aplroval of the Health Department. After Buyer has approved the completion of S.eller's Work, Buyer and Seiler shall send mutual instructions to the Escrow Officer to release to Seller the Holdback Funds. If the Seller's Work is not completed to the reasonable satisfaction of the Buyer (based Qn the issuance of the Certificate of Closure ar the approval of the Health Department,. as. to the Remediation Work, and based on the approval of the Community Services Department as to the Demolition Work) within fifiteen (IS) calendar days after the Completion Date, the Buyer may (but i .not obligated to), upon thirty (30) .days' prior 6 fl 191 WU(153 I &56$3.2 written notice. to Seller, perform the remaining portion of S.eller's Work that has not been completed within such thirty (30) day notice period, .in which event the cost of the portion of the work performed by Buyer shall be disbursed to the Buyer by the Escrow Holder. The l?scrow Holder shall immediately reimburse to Buyer, in accordance with receipts delivered by Buyer tp Escrow Holder.(with copies to Seller) the cast of any portion of the Seller's V4'ork performed by the. Bayer, including, without Iimitation, the cost of transportation of Hazardous Substances, the landfill cost., and other related costs. Any remaining amounts left in the Holdback Funds shall be distributed to Seller after the Seller's Work has been completed. The Holdback Funds are intended as a reasonable estimate of the passible costs that could be incurred in performing the Seller's Worl£, and do riot in any way limit the Seller's obligation for such costs. If the Buyer's casts for performing a!1 or any portion of the Seller's Work exceed the Hold)aael~ bonds, Seller shall promptly after receipt of 'invoice and evidence of costs reirnbur$e all costs incurred by FJuyer in excess of the amount of the Holdback Furtds. Buyer shall. also have the right to list Seller on any manifests or documents required for removal, transfer,. or landfill storage as the responsible party. 32. Construction of Fire Access Road. Pursuant to the Easement Agreement fo be executed by the Parties in the form attached hereto as )exhibit "C", Buyer -shall grant to Seller, at the Closing, certain easement rights, including an easement that allows far the construction and maintenance of a fire access road, all as described in detail in the Easement Agreement. Seller shall construct .and pave the fire access road in accordance with all app.l.icabl.e laws, including attaining a grading permit and all other required permits. Buyer shall nat. unreasonably wiihhold or delay the issuance of any such permits, Seller shall commence construction and paving of the fire access road prc~mptIy after the completion of Seller's Work, and the construction of the roadway is to he completed within one hundred and twenty. {12p) days following commencement of construction. The cost of such construction and paving shall be shared equally ty the .Seller and the Buyer,. which cost shall be as set forth in the March 5, 20Q9 Propcasal and Gontrack #2Q127 from United Paving Co.; addressed to K2 General Contractors. Buyer shall promptly reimburse Seller for Buyer's share thereof following notice to Buyer at the completion of.said work. Executed as of the date first above written. 9 UI91 UIUU53 185883,2 SELLER: Owens-Brockway Glass Container Ine., a Delaware corporation By: Its: Dated: Iiy: Its: LQated: BUYER: City of Vernon By; ~~i.~~i'~i~or_Gla..~.~~ Leot~'~s~--C. Malburg, Mayor A } L: f F anue[a Giron, C rk Approved As tn. Form: By: Jeff rr : n, City Attorney "i10C8H1111~ui, s~a~i n,5'IlRtiPSFWIn15 h0C 7 0 if IYIi!ldU53 183883,2 sxxlnlT LEGAL DE~`CRiPTION AND DEPICTION OF PROPERTY EXHIBIT "A-1" CITY PARCEL Legal Descrlpt~on THAT PORTION OF LOT 30,. OF TWE 590.ACRE TRACT OF THE LOS ANGELES FRUIT LAND ASSOpATION, IN THE CITY OFVERNON, COUNTY OF LOSANGELES, STATE OF CALIFORNIA, A5 'PER MAP RECORDED IN BOOKS, PAGES 155 AND 257 DF MISCELLAIyEOUS RECORDS, AND ALSD BEING A PORTION OF PARCEL 2 AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 191, PAGE 20 OF R1=CORDS OF SURVEY, $OTH IN THE OFFICE OF TMECOUNTY RECORDER OF SAID .COUNTY, WITHIN THE FOLLOWING DESCRIBED PARCEL OF LAfVD: COMMENCING ATITHE SOUTHWEST CORNER OF SA1D PARCFI.2, A55HOWN ON SAID RECORD OF SURVEY, THENCE, NORTH 00°07`12" WEST,14.0t7 FEET ALONG TWE WEST LINE OF SAID PARCEL 2 TC! THE TRilE POINT OF BECINNING FOR THLS DESCRIPTION; THENCE, SOUTH 89°58'85° EAST 83.55 FEET; THENCE, NORTH 0°91'05" EAST,14.33FEET; THENCE, SOUTH 89°58`55" EAST, 29.19 FEET; THENCE, NORTH 0°01'05" EAST,16.94FEET; THENCE, SOUTH 89°58'55" EAST, 60.67 FEET; THENCE, SOUTH 0°62Y15'" WEST, 9.27 FEET; THENCE, SOUTH 89°58`55" EAST, 32.30 FEET; THENCE, SOLTrFI 0°01'05" WEST, 16.90 FEET; THENCE,'SOUTH 89`88'85" EA5T,184.38FEET; THENCE, NORTH 0°07'12' WEST, 2.68 FEET; THENCE, 50UTH 89°58'55" EAST,IIAOFEET; THENCE, NORTH OD°07`12" WEST, 116.73 FEET PARALLEL WITH THE WEST LINE OF 5AlD, PARCEL 2; THENCE, EAST, 34.40 FEET; THENCE, NORTH QO°(17'12" WEST, 161.15 FEET PARALLEL WITH THE WEST LINE OF SAID PARCEL 2, 7O A POINT ON THE NORTH LINE OF SAID PARCEL2; THENCE, WEST, 415.47 FEETALONG THE NORTH LINE OF SAID PARCEL 2 TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS QF 29.90 FEET; THENCE, SOUTH WESTERLY ALONG 5A[D CURVE, THROUGH A CENTRAL ANGLE OF 90°0712", AN ARC LENGTH DF 31.46 FEET TO A PDINT DN THE WEST LINE OFSAID PARCEL 2; THENCE,.50UTH 09°9TI2" EAST, 256.39 FEET ALONG SAID WEST LINE TOTHETRUE POINTOE BEGINNING, Psepa~ed by: ,LAND 4 Dtlu s B ~ gla c~nten, PLS4787 ~ naa~AS A, eo~itlw ya 1]ulin and Uoyaton • so sew fa 729 E. Willvw Sweet t°A ls. a~87 ° Signal. FIill, CA 90755 4' (562}436-6464 i! C3ti S EKHIBIT "'A-2"' CITY PARCEL Sketch to Accampanv Legel Description EAST 5fJth STREET ~ 1981.41' fgST 475.51 457.7.E ~ 39T.70 r + 415.47 T 45?.Y.2' ~ EAST 3&7.70' EAST 1 ir•99Y77'32• ~ 3 W -A 7.P.a.8. a }7 13Dw DF f.OS ANGELES ~ o a ~ Z W ppQp $ ~ 5pp~~ ` JIJNCTIgN RAILWAY $ ~ n 0 Z rJ a ~ _ ~ 6 J f~ a 599'5~55`E~~ ,Z~ ~ BK4733I285 O.R: ~ f~ Z ~ . M~ 367.70 NSB59'55'W vI m ~ ~ ~ ~ N.P4 • ~ ~ ~y ~ ~1 ~ s~ f~lal~~L~f~ ~ ~ ~ P~1G~C~L~~ En6937'43" N R=20..DD x~w iv L=31.37 l 1 ~ BW.33' N89'58'S5•W '$86.28' N8958'S6•w ~ 680.27' ~ ~ ~ 6.6Q,27' f 1984.81' N89.58'SS"W FRUITLAND AVENUE p~~(~ LJNE TA6~ LWE LENGTH BEARING P. I. Q, 116, 145 SQ. FT. Z. 866 AG Ll 14, DD •D7• lz•w Scab I 200'- kz ea ss sB9•se'ss•E Td~33 NDD•81'85'E Ld 29.19 S89.58'S5'E L5 16, 94 N06'9L'O3•E L6 60. 6'7 SB9.58' 93' E NOTF:~: 9.27 Sao•o1' as w. - L'8 32.30 SB9.58'~'E L9 f , DD S1m•OL' I',4RCEL5 1 , 2, 3 ANU 4 REFER TO R~CQRD;pF uv z 6s N6u•n7' 12•w SURVEY FILED IN SQOK i 31 PAGE 20 QF RECORDS ul li ao sa9•~a'ss•E Oi= SURVEY A5 QOCUN1fNT IVQ. O.4-2581 ! ~ Ls~tD eb P.I.E1. i~ "PROPERTY 1N QUESTIQRI" AS pE5£RiBFD IN o E3fHiI517 `A- r ° ~ M 1f01181"IS A. BOYNTOM D N.R.P. IS "NQT A PART" * E>2•. au BEP l6 LS l7l7 ~ ~ O o~ Ci•Lt1' I3CIIIBIT "B" RESQLLJTIDN APPROVING ZpNING VARIANCE 1 ~svLU~zorr rro. s7~s 2 A RESOLUTIQAk OF THE 'CITY GQUW.CIL OF` THE CITY OF 3 VERNDN AMENDING RESOLUT=QIV NO. 8152 GRANTING .A 9 UARIAk1CE TO OWENS:-$ROGK4QAY GLA$.$ :COPITAINER, INC. FR~SM SECTION 26.5.1-4 OE' THE COMPREHENSIVE 20NIP3G 5 ORDINANCE, FOR THE PE~~PERTY LQCATE[3 AT 2923 Fi2UITLANT} .AVENUE IN THE CITY OF V.ERNON 6 7 WHEREAS, Owens-Brockway Glass Container, Inc. (hereinafter 8referred to as "4~tens-SYockway°} au~ns and v-ccupia.s the prDperty located 9 at 2:923 E'ruitland Avenue in tki2 City of Vernon [hereinafter zeferrad to iU as the "Property"'j; and 11 >,~HE>1EAS, on Dscemk-ier. 17, 21107, the Cit~j Council of the Vernon 12 enacted Ordinance No. 1139, which becarie effective on January 16, ZODB, 13 adopting the Comprehensive boning Ordinance of the City of Vernon. {the ld "7oninq a.rdinance"}; 15 WHEREAS, the Property is located in the T-Zone, Industrial; 16 ansl i7 WHE}zEAS, on February 19, 20D3, the Council of tihe City of 18 Vernon adopted Resolution No. 8152, granting a variance to Owens I9 Brac.kway Glass Container, Inc. from the Zoning Drdinance for the 2C Property; .and 21 WHEREAS, fln December 3, 2fl:07, th.e City Council of the City of 22 Vernon adapted :Resolution Ncs. 998.9 ado~rting the City 0f Verner. General 23 P.Lan and the various elements included therein {the "General Plan"}; 2A and ZS WHER);AAS, 4wens-Brockway is requesting an amendment to. its $6 variance frgm.the Zoning Ofdinarice, approveck by:Resal.ut.bn No. 8152; 27 and 2g. WHEREAS, bwens-Braekcway intends. to sell an apprpximate 2.89- 1 acre poztion of the Property, specifically a portion of Zot 30 2 ~hereinatter xeferrad to as the "Subject Property"y, and proposes to ~ construct a. new building (warehouse} approximately 17,000 Square feet 4 in size which will require additional automahil.e parking spaces wo be 5 provided; and b. WHEREAS, :due to the unique industrial nature. of Owens- 7 6rockway's ©peration, it meets the intent of the Zoning Ordinance by S providing sufficient parking and loading for its aotual need; grid 9 WHEREAS, the 2ro.perty is used,far manufacturing and 10 wareha.usinq of the manufactured product which is consistent with the 11 objectives of the General Plan and Znninq Ordinance; and I2 WHEREAS, the lot that will t#e Sold will comply with the 13 City's parking and .loading requirements, since all exiting. buildiggs I4 will be demolished; however, the rernaininq Property npt bezng .sold will. 15 not comply; and lb WHEREAS,. by se~linq the Subject Property, the remaining 1: eroperty will be. made Iess conforming; 18 WHEREAS, Section 26.5.1-6 of the Zoning Ordinance specifies I9 that adequate .off-street parking and loading space shall.be provided 2D for each use, devel.gpment ar property, cr for each bulldin'g, to 21 accommodate all automobiles or similar vehicles of the employees, 2R laonsultants, agents, buyers, v.endbrs, salesmen., visitors., and gther 23 ~poxsons naxmally tra~s~~tinq business at such enterprise or buildirg; P4 and 25 WHEREAS, a particular area of the facility, Bui?ding A2, is 26 used.exelusively for housing equipment and operations and is not 27 normally occupied by employees or stored product; and 28 WHEREAS, under a strict application of the parking - 2 - 1 requirement in ?6.5.1-6, Owens-Hrockway would need to provide an 2 additional 116 automobile parking spaces; ar..d. 3 WHEREAS, there is ao physical arez in which to glace those 4 additional spaces; and 5 WHEREAS, in :addition, 4wens-Brockway wars not able to locate 5 any availab.l~ parking on ad}avant sites; and 7 WHEREP.S, another alternative would be to t.educe the nucaber 8 of parking and loading spaces required.~y tearing down a building, R which would cause an unreasnnabl.e hardship tc the.appliaant, since the 10 actual need. of Owens-Brockway is far less then the number of parking 11 stalls that is being provided; .and 12 WHEREAS, Qwens-Brockway has been opexating on the site for 1~ oyes 80 years; and 14 WHEREAS, this building aas been used fbr manufacturing 15 and warehaus,ing Qf the manufactured product .and. it cantinue's to I5 used fdr the same purpose; and 17 WHEREAS, bwens-Brockway currently employs people on day 18 shift, b0.peaple on swing, shift, and ,60 people do graveyard shift; and 19 WHEREAS, according to Owens-Brgekway, the maximum nurnbsr of 26 employee vehicles ,at the. site at cne time is 78, whi.Gh would occur 21 during a shift change and•if the variance were. granted, Owens-Brockway 22 would still be providing COQ parking spaces Qf whim a maximum of 78 23 would be used at any pre tiros; and s 24 WHEREAS, since there i5 ample room to.aceommodate.the 25 employee parking, there will be no parking ovezfl4w onto :adjacent side 26 streets and the surrounding a-rea; and 27 WHEREAS, Owens-Brockway has advised the Ckty that it has 26 sufficient parking at X423 Fruitland Avenue for its actual need and has - 3 - 1 requested that its variance be amended to a11ow Dwens-Brockway to 2 pra~*ide Barking spaces based on its actual neeei ans~ not on the code ~ required number; and 4 4dilEREPiS, City Htaff has determine~.d, based an its. 5 observaticxns, that Awens-Brockway currently has siaffieient parking fe+r 6 its empl:ciyees and visitors to the site; and 7 WHEAEPS, camequently, the existing use does not and wi11 not 8 ad`sersely affect the interests of the public or vicinity of th.e 9 premises; and 10 WHERE.~SS, the purpose of the parking raquirernent is to 11 acco_*nmodate all automobiles or similar vehicles of employees, 1.2 eon~ultarits, .agents:,. buyers, vendors, sa.lestaen, visitors, and tither l3 persons narm~:lly transacting business at the enterprise or building; 14 and. i 15 WHEREAS, the nationals for excluding Building AZ fr©m the 1Fi ea~.lculatifln of the parking requirement is. also cdnszsterit with the 17 policy behind the parking requirement in Section 26.5.1-6, which is to 18 accommodate the automobiles of those transacting business at the 19 enterrise. ar builCling.; and 20 F%H.E.REAS, the. strict application of the off-street parking, 21 access anti loading zequirements. of the Zoning Ordinance at this time 22 would cause an unreasonable hardship t.o the applicant.; and 23 WHEREAS, ttie City Council has received a. Staff Report dated 29 November 19, 7008, upon which it has relied in making the foregoing 2'S recitals; and 2S WHEREAS, the Director of Cr~ramunity Services & GJater has 27 recommended that the City find that the Project is categorically exempt 28 from the Gallfornia Environmental Quality Acs because it is an existing - q 1 facility pursuant tp 5ect%on 1530.1 and a Notice of F.XeMptian w`_.il.be ~ 2 prepared and filed with the County Clerk; and 3 w~EREAS, the City Enuncil of the City of vernon held a 4 hearing cn said variance amendment on Dacernber i, 2~Q8. 5 NOW, THEREFORE, SE IT HE80~VED BY THE CITY COD~~IL OF THE 6 CITY OF VERNON A$ FQLLOWS: 7 SECTION 1: The .city Council 'of the City of Vernon hereby B finds and determines, that the recitals contained hereinabove are true 9 and eorzect. 1~ SECTION 2: The pity Council of the City of verno.n hereby 11 finds that the p.r.oposed project is categorically exempt pursuant to 12 Section 153-01 of the California Environalental Quality Act and directs 13 the. City Clerk, or her designee, to file a Notice of Exemption in 14 regard to tfie envirc:iz~entai impact of said project with the County 15 Clerk of the County of I,os Angeles_ lb SECTION 3: A variance from Section 25.5,1-5, parking and 17 loading of the Zoning Ordinance, specifying that ode-quote off-street 19 parking and losd.ing space shall be provided for each use, 19 developmerYt or property, or for each buil.dirig, to accommodate all 20 autamDbiles or similar vehicles of the employees, consultants, agents, 21 ~uyesg, vendors, salesmen, ,visitors, and other persons normally 22 transacting business at such enterprise or building, is` hereby granted 23 to Owens~Hrockway located at 292"3 Fruitld,nd Avenue. 24 5ECTIO.N 4: 'Phe variance grantee is subject tp the following. 25 Cond.itians: 2':6 a) The facility shall be operated in aceordar4ce kith all curGent 27 codes, rules, and regulations and subject to permit fees a.s adopted 2B by t~,e City of Vernon not otherwise addr.esssd by this grant of a Var'lanCe.. 1 b.) The applicant shall maintain thn. yard.cle.3n, free of debris, and 2 prevent the off-site migrata.on of debris. 3 c) The facility shall be operated in a manner *..hat will prevent 4 unsanitary cQnd.iti.ons, odors ar other nuisances. 5. d} This variance shall automatically exQire at the time saf any 6 expansion {except that Owsns-Brockway shall be permitted to' add a structure noo-t excescling 17, Ot30 s.qua_e. feet in Size as shown an the S approved site plan') o.r structural alteration of ,Fny building o..n the 9 Property (frsr purposes of these conditions, the "Rroperty" means 10 that portion of the real property located at 293 F'ru3tland Avenue 11 that remains intact after the subject parcel is sold), os upon 12 change of use 9r ownership,. or if ttie covenant and agreement 13 restricting the. use of Building P.2 is brea.checi or terminated, l9 which.ever occurs first, at which time the occupancy of the 1'S structures shall be discontinued unless the site is. brought into 1& 'compliance with all applicable •standards for pzrk.ing, access and 17 laaciing areas set forth in the Zoning. Ordinance. 18 e~) Upon any change in use or ownership of all or a portion of the 19 Property, the entire Px'aps~'ty shall be made to confoFm to aii truck 24 and automo3~ile parking requirements and all truck loading 2'l requirem+ents,. unless a new va.rianca is requested and granted by the 22 City Council. 23 f) x.11 parking and loading facilities s3~a11 ~Se 'paved with a C.e3~cr.8te 2~ or asphalt c©ncrete paving and shall be adequately drained, and 25 kept free of .dust, mud, trash ahd.weeds. Where parkinc~.or 2~5 [naneu~ering area s,adJoih tha public street a eancreCe wall or 27' landscape ,strip shall be installed.and taaintained to meet City 2B standards. - 6 - 1 g} 7'he project site shall be. maintained substantially in compliance 2 with the site plan submitted, as part of this variaacs a.pplicatian. 3 h} P.11 existing and future tenants-shall be notified of these 4 restrictions an the Property and a condition stating this shall be 5 placed in all future. leases. 6. i} The second floor of Euilding A, known as Building A2, shall remain 7 unoccupied by people witYi the exception of a conveyor line. No $ warehousing ar manufacturing areas shall be maintained in this 9 area. Owens-Brockway shall maintain~a covenant restricting the 14 occupancy of euildinq A2 to a conveyor line. 11 j~ Noncompliance with any of the conditions herein shall constitute 12 sufficient grounds for the: City Cou:~cil of the City of Vernon t.o T3 void. this. vgriance and require Owens-Bxockway to coptply with the 14 parking and loading requirements of the Zoning Ordinance. 15 SECTIO.N.S: The provisiars. of Resolution M11'o. @152 not 16 consistent with o:r.in conflict with tb:is rasolutior~ are. hereby 17 repealed• in all other respects Resolution Flo. @512 shall. remain in 1@ full farce and effect. S9 SECTIpN 5: The ,City Clerk of the City of tieYnon shall ~D certify ko the passage of this rESOlutian, and thereupon and. thereafter 21 the same shall be. in full force and effect. ~2 APPRQxIBD AND F~D4PTER this 1st 'day of Aecember, 2~J08. 23 rL ~ . 29 Name: ~~onis C, Malbui.g 25 Title: Mayor f 26 27 AT EST: Z$ ~ NUELA CIAON; C'ty Clerk 7 1 3TP.TE. pk' CALIk'pRNIA ~ ~ 5 S. 2 CQUNTY OF LdS ANCELE~ } 3 9 S, MANUELA G.IL2dN, City Clerk of the City o~ Vernon, do h'ereb'y 5 certify that the foregoing Resolution, being Resolution No. 9778 was 6 duly 2dopted try the City Council o.f the. pity of Vernon at a requzar 7 meeting of the Cit,}+ Goun~il duly held ors Monday, December 1, ?..fld.8. and ~ thereafter was duly signed. by the Mayflr or A3ayar Pro-Tem of the City of 9 Vernon. 10 " 11 12 MANIFELA GIt~DI , Ci y Clerk 13 (SEAL) 19 15 16 17 is i9 20 21 22 33 2~I 25 26 27 2.8 - 8 - IXHIBi7"`C„ EASEMENT AC;RIE;NIENT WITH Al"'I'AGHMENTS RI;coRnnv~ RfiQtlESTED l3Y and 1WHEN KECt)Rf7ED MfAlL TO AND MAIL 'TAX STATEMENTS TO: Ovrens-l3rock~vay CFlass Container Inc. One Micltael Owens Way Perrysburg, Oleo. 43551 Attn: C,lobal Real EsTate Department THE SPACE ABOVE I5 FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX [5 NONE -VALUE AND CON5IDERATION LESS 'THAN $100.00 EASEMENT AG1tEEMEl~l7` This Easement Agreement {the "Agreement"~ is entered into this day of 2fl09; by.and among the City of Vernon, a California. municipal corporation ("City") and Qweas=Brockway Glass Containerlne., a.Delaware carpoaatian ("OI"). ItECdTALS: A, The City is the owner of certain real property located at the s©utheast comer of 50'~ Street and Soto Street in the City of Vernon, County of Las. Angeles, Stale of California, legally described on Exluibit A-1 attd depicted an Exhibit A-2, each of which is attachad hereto and incorporated herein (the "City Parcel"}. B. The City acquired title to Hie City Parcel from t7C lay Grant Deed retarded on as Instrumettt Number , in the Official Retards of the County of Las 71ngeles, State of California. C. 0! is the owner of certain real property located east of the City Parcel and south oi' 50'h Street in Site City of Vemon, County of Las Angeles, State Qf Califamia legally described an Exhibit B-1 and depicted on Exhibit B-~, each of which is attached hereto and incorporated herein {the `'Ol Parcel"). 1~, OI is also the owner of a separate parcel of real property located .on Fruitland Avenue, bounded by Sato Street and Boyle Avenue: south of the City Parcel and the Ol Parcel, in the City of Vernon, County of Los Angeles, State of Califomia, legally described on Exhibit C-1 and depicted nn Exhibit C-Z, each of which is attached hereto. and inc:orparated herein (tire "Additional OI Parcel'".). 1 a 1 ~ t ag0.53 1 83 824.5 E. OI desires to obtain a new non-exclusive easemeuf to provide fire and emergency access as maybe necessary tv maintain-and service the Additional CI Parcal.on, over and across' a portion of the City Parcel which is legally described an Exhibit D-1 and is shown on the drawing 6n &xhiibit D-2 attached hereto (the "Fire Access Easement Area"). F. t}I.desires to obtain a new non-exclusive easement to. provide fora no-build area to maintain and 5erviee the. Additional CI Parcel on, aver and across a portion of the-City Parcel. which is legally described on Exbibii E-l and .i.s shown on the drawing on Exhibit E-2 aftashed hereto (collectively, the "No-Build F.asernent Area"). F. The City is willing to grant and convey to bI, and its successors and assigns, For thr benefit of the Additional (7I Parcel: (a) a than-exclusive easement allowing fire and emergency access on, over and across.tlie Fire .Access Easement Area; and (b) anon-exclusive easement providing for a no-build area: pn, over and across the; No-Build Easement Area; all upon and in accordance with. the terms and conditions con#ained herein. 7`he Fire Access Easement Area and the No-Build Easement Area .are individually referred to as an "Easement Area"'and collectively referred to as the "Easement Areas". ARTICLE 1 EASEMENTS 3:U1 Grant a! Fire Access Easement. Upon and subject to the terms hereof, the City, far itself and all its successors Nand assigns, hereby grants and conveys to Ol, and its successors and assigns; for the benefit aF .the Additional DI Parcel, an appurtenant, perpetual and npn- exelusive easemetrt fox the eanstructiori, installation, operation, maintenance, repair and replacement of a fire and emergency access road on, over, ir?, under, and across the Fire Access Easement Area located on the City Parcel (`Fire Access Easement"j. lA2 Grant olf No-Build Easement. Upon and. subject to the terms hereof, the City, for itself and, its successors and assigns, hereby grants and conveys to OI, and its successors and assigns, far the benefit of the Additiarial Ol Parcel, an appurtenant, perpetual and nan-exclusive easement that shall prohibit the City, and its successors acid assigns, from constructing, installing, locating .or maintaining, any building; structure, foundation or other improvement on, in., under, or across the No-I3uild Easement .Area located on the City Parcel .(``T1o-l3uild ]casement"J. 2 Ot91 WUOi3 185824.5 ARTICLE 2 USE OF EASEMEN'T'S 2.OI Uae of Easements. Tire City agrees, on behalf of itself and its successors and assigns that: (a) the City shall not use; or per~trit any other party to use, the Easement Areas in any way that violates the terms of this Agreement; and (b). the City shall not construct or install any building, structure, fence, Foundation, utility or ocher improvement 9n, aver,. in, tinder, or across the Easement Areas ar block or make impassable the Fire access Easement ("Prohibited ]rnprovement"). Z.Q2 Repair, Replacement and Restoration. Ql agrees, on beha]f of itself and its successors and assigns, and at its or their sole cost and expense, to repair and replace any damage to the Easement Areas caused by QI, its agents, employees, contractors, or snbcoritractors in the exercise of its or their rights under this Agreement and to restore the same to their condition prior to the damage; provided that such obligation shall not apply to any Prohibited Irtrprovement. All such repair, replacement,. and restoration performed by ar an behalf of OI hereunder (ay steal! be cammerreed tivithin a reasonable time after the need for such arises, {b) shall be prosecuted with att. due diligence and dispatch, (c) shall be carried tan in.such a manner that will not interfere with the City's use and enjoyment of the' .remainder cif the City Parcel (excluding the Easement Areas.); 'and {d) shall b~ performed in a goad and workmanlike manner, in full compliance with all building codes and other applicable laws and governmental rules and regulations. Except as may be specifcally provided herein, the City in na way assumes, nor shall .the City have any obligation or responsibility whatsoever for, the maintenance, repair, or replacement of the Easement Areas or for the uses set forth in Article I except as provided herein. 2.03 Liens. OI shall not permit fa exist or otherwise to be .enForced against any portion of the Easement Areas, any mechanics', materialmen's, cantraetors' or other liens (collectively, the "Liens") arising out of the acts or .omissions of OI hereunder. Ol hereby indemnifies and agrees to hold the City free and harmless from all liability for arty and all Such Liens, together with all costs. and expenses, including, but not limited tp, attorneys' fees and court costs reasonably incurred by the City in connection therewith. If any.stich liens shat! at arty tune be recorded against the Easement Areas 'or any portion thereof as a result t~f the foregoing, and Ol shall fail, within thirty (3D} days after such recording, to either (i) pay anii discharge the underlying claim and cattle a Bert release to be recorded or (ii) furnish to the City a surety bond or other security seasonably satisfactory to the City protecting the City against liability for such Lien and holding the affected property free from "the effect of such Lien, then the City 'may, but shall .net be obligated to, take such action or pay such amounts as reay be necessary to remove such Lien, and pI shall immediately pay the City `the amotutt so expended by the City, together with inmrest thereon at a rate of ten liercent (1Q°~o) per annum .accruing from tkre date pf such payment by the City until paid in full 6y Ql. 2.Q~ Condifrnn. 01' agcepts the Easement Areas in their "AS [S" condition. The City makes no representation or warratrty as to the condition of the Easement Areas and has. na obligation to maintain the Easement Areas. Except to the extent caused by thin negligence or willful misconduct of the City or its elected otiicials, staff_ .employees, agents, successors; 3 (114L0lOk53~185824.5~ assigns, and representatives {collectively, and including the City, the "Ciity. Parties"), Q] hereby agrees that the City Parties shall not be liable for, and are hereby released from any responsibility for, any damage to property or injury to persons sustained by OI or its. successors or assigns, ar any of its or their agents:, representatives, employees, tenants, customers, guests, licensees ox invitees (collectively, and including pI, the "DI Parties"} resulting Profit the use or loss of use of the Easement. Areas. 2.09 Limitation of Liability. Na City Party slzall.be liable to any OI Party,-and no QI Party shall. be liable ro any pity Party, and neither the City Parties nor the Ol Parties shall be liable to any third party for any lost revenue, lost profits, lass of technology, xights ar services, incidental, punitive, indirect ar consequential damages., loss. of data, or interruption pr loss of use of service, even if advised of the possibility :af such damages, whether under theory. of contract, tart (including negligence), strict .liability ar 'otherwise in ccrnrtection with ar arising out of or related to the existence, use, qr lass.af use the Easement Areas. The terms of this Seetio? 2,05 shall prevail in the event of anv conflict with arty other provision of this Agreement. ARTICLE 3 MISCELLANEUtiB PROVISIONS 3.01 lndemniftcation of fLe City. OI, for itself and its successors and assigns, hereby agrees to indemnify, defend, and hold harmless the City Parties from and against any and all liabilities, obligauans, injuries, lasses, damages, liens, expenses {including, 'but oat limited to, reasonable attorneys' fees arsd court costs, and costs cif experts and witnesses), elaitns, demands, actions, ar causes of action of whatever kind or nature caused by ar arising out of ar in connection with any loss or damage to property or injury or dea#h to persons arising o.ut of ar resulting from (a) the acts or omissions of Ol on or about the Easement Areas, in cannaetion with the exercise of any rights under this Agreement by Ql; or (b) OI's breach of any agreement, covenant, qr condition captained herein; except in each instance to the extent caused by ar arising cut of the negligence or willful misconduct of the City Parties. 7'he obligation to indemnify hereunder shall include the obligation to defend the City Parties with counsel reasonably acceptable to the City, and to provide such defense without first requiring the City t,o undertake its defense nr expend funds. The indemnity set forth herein shall survive the termination of this ?4greement and shall be binding upon OI,. its 5uecessars and .assil;ns. 3.02 Insurance. At .OI's expense, OI shall maintain a policy or policies of liabiliTy insurance covering Qt's us.e of the Easement Areas in an amount of at least Two Milliaa Dollars (52,000,000] for each oecunence, with deductibles of na more than Fifty 'Thousand Dollars {$5,0,060) for eaeh.oocurrence, and mining the City as an additional. insured. From time to time, but not less frequently than once per year,. pi shall provide the City with eviaaace reasonably satisfactory tm. the City that OI has the insurance coverage required by this Section 3.02 and that the City is an additional insured thereunder. I+latwithstanding any provision af'this Section 3.02 to the contrary, DI and its corporate .affiliates shall be permitted to self-insure the coverage required by this section, and such other succes.sars and assigr?s of Ol shall also lie permitted to . self insure with the prior written consent .of the City fust obtained {which consent shall not be 4 oiw~orous3 ~ssaza.s unreasonably withheld nr delayed}. 3.03 Injunctive Relief. In addition to other rights and remedies hereunder or at law or in equity, and without limitakion of any esf the foregoing; each o~ the parties hereto shall be entitled to eajain any breach nr threatened breach by any other party hereto of any covenant, agreement, term, provision,. of condition hereof 3.04 Binding Nature. This Agreerrrent, and all of the terms and conditions contained herein, shall bind the parties hereto and their respective successors and assigns, and shall be deemed to ruu with the land and bind and inure to the benefit of the City Parcel, the Additional OI Parcel and the F..asement Areas, and all respective appwrtenances thereto. 3.05 Severability. This Agreeiirent is intended to be performed in accordance with, and .only to the extent permitted by, applicable. law. If any provision of this Agreement, or the application thereto to any party or circumstance shaft, for any- reason and to any extent. be invalid or unenforceable, -such provision shall to that extent be omitted, and the remainder of this Agreement and the application of such provision t~ other persons er circumstances shall not be affected thereby, but rather shall be enforced to the maximum extent permitted by larN, 3.Ob Rela#ionship of the Parties. Nothing eontaine.d herein shall be deemed or :construed by the. parties hereto; ar by any third party,.as creating the relationship of principal and agent or' of partnership or of joint venture between .the parties hereto, it being understood and agreed that no provision contained herein, nor any acts o.f the parties hereto, shall .be deemed to create any relationship.. between the parties hereto other than the relationship of easement l;rantor. and easement grantee. 3.07 Capidons. The captions in #his Agreement are for convenience only and shall not be deemed to be a part hereof. 3:.0.8 Exhibits. Exhibits A-1 and A-2, B-1 and B-2, C-1 and C-2, B-1 and I?-2, and & 1-and E-2 are incorporated herein by reference. 3.A9 Attprneys' Fees. lithe Ciky or QI brings any legal proceeding in sxtnnectinn.with or arising .out of this Agreement, or to interpret or enfo, xce any of the terms, covenants or conditions herea.f, the unsueeessf€il party in such proceeding; shall pay the prevailing party's costs and expenses, including reasonable attorneys' fees,. incurred in' the bringing or defending of :such proceeding. 3,10 Amendment. This P.greement may not be modified ar amended .except by a written agreement duly executed by the parties hereto pr by their respective successors or assigns, as the case may be. 3.11 Recording. This: Agreement shall be executed in recordable form and either party shall have the right to record, at its expense, this Agreement among the Official Records of the County of l,os Angeles, Mate of California. 5 oI41w4053 issaaks 3.1Z lnterpretattrn. "Phis Agreement shall be construed in accordance with artd governed by the laws of the State of Caiifamia. each party has participated in negotiating and drafting: this Agreement, sa if an ambiguity ax a. question of intent or interpretation arises, this. Agreement is to be construed as if the parties had drafted it jointly, as opposed to being construed against a party because it was responsible for drafting one or more,provisians of this Agreement. 5 ai4in;uuss isssia.s The parties have.executed this Agreement on the date set forth betow their signatures. c~rY o~ v>:RNON sy: Leonis C. Malburg, iviayor Approved As to Farm: $y: 1eff.A, Harrison, City Attorney Date: a~VENS-'SROCKVo'AY ~'cI.ASS C QNTA.INER INC. sy: ~tS: Date: E3y: Its: date: wViPl[$1~t11liflull i_m71u_,~myRCxav4lw~coc 7 Ol~)107W53 783824:5 STATE OF .O.HIO } SS: COUNTY OF WOOD } 7'he foregoin;~ insttwnent was. acknowledged before mz this slay of , 2flfl9, by ,the ' of Owens-Brockway Glass. Container Iua„ a Delaware eorporatipn, oit behalf of the eprporatiori. Notary Pubic STATE OF CAI.1FOf~NIA } SS. COUNTY QF LOS ANGELES } QN , 24 BEFORE IvIE, A NOTA[tY PUBLIC, PER30NALLY APPEARED WHO PROVED TO ME ON TH£ BASIS OF SATISFACTORY EVIDENCE TO BE Testa PERSON WHOSE .NAME IS SUBSCRIBED TO THE WITHIN INSTRUMEI~lT AND ACICNOWLEUGI;D 7'O IvIE THAT HE EXECUTED THIa SAIVIE IN HIS AUTHORIZED CAPACITY, AND THAT BY HI5 5IGNA'I'UILE ON THE INSTRUIvIENT, THE PERSON, O.R THE ENTITY UPON BFHALI~ (JF WHICH TEIE FF.R50N ACTED, EXECU'T'ED THE INSTRLiMEN"T. I CERTIFY UNDER. PENALTY QF 1'ER]URY UNDER T`HE. LAW S OF "CHf: STAT1? OF CALIFC?ItNIA THAT'THE FORCrGDING PARAGRAPH IS TRUI~ AND CQRRl~CT. WITNESS MY HAND AN17 OFFICIAL.SEAL, (Notary Signature) (NQTARY SEAL} 8 nt~mtoasa iessza.s EXHIBIT "A-1" CITY PARCEL Legal Des~ri i n THAT PORTION OF LOT 30, OF7HE 500 ACRE TRACT .OF THE L05 ANGELES FRUIT LAND ASSOCIATION, IN THE CITY OF VERNt3N, Cfl_E:}NTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER' MAP RECORDED !N BOOK 3., PAGE515fi AND 157 OF MISCELLANEOUS RECORD5, AND AL50 BEING A PORTION OF PARCEL 2 A5 SHOWN OJV RECORQ OF SLfRVEY F1LED EN BOQK Y91, PAGE 20 OF RECORDS OF SURVEY, BOTH IN THE OFFICE OF THECOUNTY RECORDER OF SAID. COUNTY, WITHIN THE FCFLLOWING DESCRIBED PARCEL OF LAND: COMMENCING ATTHE,SOUTHWEST CORNER DF SAfD BARGEE 2, A5 SHOWN ON SAID RECORD OF SUIZ-VEY, THENCE, NORTH 00°07'L2" WEST, 14,00 FEET ALONG THE WEST LINE OF SAI D PARCEL 2 TO THE TRUE POIIUT OF BEGINNING FOR'TH15 DESCRIPTION; THENCE, SOUTH 84°58'55" EAST, 83.55 FEET..; THENCE, NORTH 0°01'45" EA5T,14.33 FEET; THENCE, SOUTH 89'5.8'55" EAST, 29.19 FEET.; THENCE, NORTH D°01'05" EAST, 16.94fEET; THENCE; SO.LITH 89°58'i5" EAST, 6D:67 FEET; THENCE; St)'UTK 0°01'05" WEST, 9.27 FEET; THENCE, 5011TH $9°58'55" EAST, 32.30 FEET; THENCE, SOUTH 0:"Ql'OS" WEST, 16,00 FEET; THENCE, 50WTH 89°58'55" EAST, 184.38 FEET; THENCE, NORTH 0°07'12" WEST, 2.68 FEET; THENCE, SOUTH 89°5.8'55" EAST, 11:00 FEET; THENCE, NDRTH 00°OT12" WEST, 116.73 FEET PARALLEL WITH THE WEST LINE OF SAID PARCEL 2; THENCE, EAST, 34:40 FEET; THENCE, NORTH 00'Q7'12" WEST, 161,15 FEET PARALLEL WITH THE WEST LINE OF SAlfi PARCEL z, TO A POINTON THE NORTH LI NE OF SAi~ PARCEL 2; THENCE,. WEST, 415:47 FEET ALONG THE NORTH LINE Of SAID PARCEL 2 TO THE BEGII!1NING OF A TANGENTCURV€, Ct3NCAVE 5011THEA5TERLY, HAVING A RADlU5 OF 20.40 FEET; THENCE, SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°0712", AN ARC LENGTH O.f 31.4b FEET TO A POINT ON THE WEST LINE OF SAID PARCEL 2; THENCE, SOUTH OD°07'12" EAST, 266:39 FEET ALONG SAID WEST LINE TO THE TRUE POINT OF BEGINNING. Preparefl by: LIND 8 ~ 4~ Douglas B.aynton; P1,S4787 N DoUt~s aonlsaw ° Dulinand'Boynton • EKP. 30 SLP 70 + 724 E. W'i Ilow Street ~ ~s• Signa3 Hill, CA 9AT53 {562} 42ii=64G4 F . csut~ EXHIBIT "A-2" CITY PARCEL Sketch to Accompany Legal Deception EAST 50th STREET H 1961.41' EAST A7.5:51 '457.73 357.70 ~ ' ti 915.47_' S .)x57.72' EA57 387:70 EAST 44 3fl l~9p'07'r$" a ~ w R~2a. a0 p.. in P . w 4 V, P ` 34.iQ' ~ g Q ~ N N $ ~Q«~~~ E"ST ~z~ ~ G~AG~CC~L~ ~ M w M # ~ ~ W a T.P,0.9. M = y t r .Row of Las ,wcE+.E3 ~ l g~ p 'Z W ~ ~ $ m p ~ ~ Jf1NCTI0N RAILWAX ~ \ n o ~ lift 164.38' ,75' ~ ~ e1{47$2~265 O.R. 'g' p ~ . } ~ ~ N ~ 71 ~ 387-7Q' N88'58'&9"W Q p 6z?:sttr ' sessle's`e"E,~ 7 ns9se``~ W ~/l I P a~ O ~ , ~ m L=37.37 4 ~ 800.73' N89'S8'SS"w ~88~028' N8S'59'55'SS ~ sso.za' ~ ~ ~ sso.za' - 1960.63` Nb9's9'S5"W FR4JITLAND AVENUE ~l~Q`1{'a 4NE TABLE LINE 31G1FI BEARING' R: Q. 118, 145 S4. FT. P. G66 AC. LI s+. oe noa•or sz• w Scaly I 20tT La as. ss sae~se• ss•E ~e L9 I4. 33 N00' O l' 05' E LA P9. 19 S89' Se' 55' E LS 15.94 N00'OL`OS'E L6 6Q(6.7 "58A•56'99'E NDTL5: L7 s, 2?7 sao•ai•.as•tir L9 32: 30 .569.58' S ' E L9 16. 00 500.01' OS' L PARCEI¢i I , 2, 3 AN0 +3- fLEFER TQ REGpI~D pF Lse e. se rmo•or 1e•w SU{VEY F4LFQ IN SDO1E 191 PAGl=.20 DF (ZECLRDS Lil 1l, 0o s - S•e OF SU~CVi=Y A5 Df]CUIVI~NT NO. X34-2.58 1149. 9 L~HD 8 P.I.Q. 15 'f ROPERTI' IN QU~STIDN" AS D>=SGf~iFS;=D IN g ~~d PXt11BIT "A- I " ~'A ~ oouous eorrrroe N:A.P. E5 "N07 A PART" ~ lxr. w sEr 10 • ~ L5. 4787 ~~8 4, csL EXHIBIT "B-1" O-I PARCEL Legal Description THOSE PORTIONS OF LOT 30 ANQ LOT 31, OF THE 5D0 ACRE TRACT OF THE LOS.AN6ELE5 1=k;UIT LAND ASSOCIATIY}N, IN THE CITY.OF VERNON; COUNTY E3F I.OS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGE5156 AND 157 OF MISCffLLANE0U5 RECORDS, AND AL50 B.EiNG A PORTION OF PARCEL Z ON RECORD OF SURVEY FILED IN BOOK. 191, PAGE 20 OF RECORDS OF SURVEY, 807H 1N TH E OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, IjE5CR16E? AS FQLLOWS:. BEGINNING.AT THE SOUTHWEST CORNER OF SAID PARCEL Z; AS SHOWN ON SAID RECORD OF SUiiVEY, THENCE, NC}RTH 00°07'12" WEST, 9.4.40 FEET ALONG THE WEST LINE OF SAID PARCEL 2; THENarE, SOUTH'89°58'55" EAST, 83.55 FEET; THENCE, NORTH 0°01'05" EAST, 14,33 FEET; THENCE, SOUTH $9`5.8'55" EAST; 29..14 P£ET; THENCE, NORTH 0°01'95" FAST,1fi.94 FEET; THENCE, SOUTH 89°5$'.55" EAST, 60.67 FEET; THENCE; SOUTH 0°01'05" WEST, 9.27 FEET; THENCE, SOUTH 85°SS'S5" EAST, 32.30 FEET; THENCE, SOUTH 0°01`05" WEST, 16.00 FEET;.THENCE, SOUTH 89.°58'55" EAST, 184.38 FEET; THENCE, NORTH 0°07'12" WEST, 2.fi8 FEET;THENGE, SOUTH 89a58'S5" EA5T;11.00 FEET; THENCE NORTH OD°DT12"WEST, 116.73. FEET PARALLEL. WITH THE WEST LINE OF SAID PARCEL 2; THENCE, EAST, 94.40 FEET; THENCE; NORTH OCl°D7'12° WESfi, 161.15 FEET PARALLEL W ITH THE WEST LINE OF 5AlD PARCEL 2, TO A POINT ON THE NORTH LINE OF SAID PARCEL 2; THfNCE,.EAST, 457.72 FEET ALONG 5AI0 NORTH LINE TO THE NORTHEAST CORNER DF SA1D PARCEL 2; THENCE,.SOUTH UO'OS'06" EAST, 300.71 TO THESOUTHEAST CORNER OF SAID PARCEL 2;THEN.C.E, NORTH 89°58'55" (NEST, 893.04 FEET ALONG THE SOUTH LINE OF SAID PARCEL 2 TO THE TRUE POINT OF BEGINNING. Piepared 4~: 4 yAA 8 ~ G~ +d Douglas Boynton', Pi.54787 oouotA5 k. BOYNt'CH ?lilin and Boynton * exe. 3n scr to 729. E. Vl!i[Iww Street ~.s. 4~ai ti`0 Signal 1{ill, CA 90755. off' { 562 rr 426-6464 ~F C 1.11 EXHIB[T "B-2" Q-I PARCEL Sketch to Accomoanv Les~al Description EAST 50th STREET r iga~.a~` r~sr 475.51 457.73 387.7E ! Y a15:4T WEST aS7.Y2' ~ EAS7 382.70' F..aST ~ ap9407'7I° 3 ' I- ~ ~ ~ P~I~CC~~ ,EAST ^ ~ ~ ~ ~~a~~L~ LL 9 ~ 3 w ~ a~ W :n ~ e i`' , ~ fv Row qF Los aric~7,~s ~ g g c z W P ~ q ,~.t-~ ~ alucTiou RaLwar $ s ~ o. c,, L6 La.~ T8+.35' ~,Yd'- ~ 8K47.52~265 O.R. ~ p W 2 ~ ~ 589'58'5 "l: ~ ~ _ ~ Z N 1S ~ 387-7Q' N6958'S5"W a ~y P.Q 43. szo.3a' . ' ssR•58'S5°E.) sao:~' ~ taeese'\51 W f~WG°~C ~3 ~ ~ R•*39:99 L~3A.3T 4 ! 60p.33.' 7~ffi95$55"W 660.28' N89'S8'S5"W ! s6o.zT ~ - - ssa.2~' ~ 13Sp.61' N89'58 55"W ~ FRUITLANl3 AVENUE ~Q4a LINE TA9LE LINE ENG7F1 PEkRINi~ , P, I. Q. 152,221 SQ. F'7. 3, +49'5 AC. a 1+. no 7Y90.0T fa•w r7C2C I'- Zd~ .Ld 83.55 589.58'S5`E L3 54.33 N00'•Of'~5'E L4 29. 19 589' S8' 95' E L:5 [6.44 tE09'ol'05'E - L5 60. b7 S89.58'55'E NOTES: v 4.z~ sno•oE•as•w L8 32.30 589•$8'~~5'E L9 16.f79 $(78'81'd5'L PACtCELS I , 3 AND ~4 REFER TQ .t~EGt~R17'OF Lao ~.sa 7mn•or fa•u SURVEY FILET] IN BOJK 191 PAGE 2€J F3F RECORL=a ~r7 11.99 se9•sa'S5'e OP SLIRWEY A5 D.OGU.h~1ENT NO. O~}-2581 I A-9. 9 tsNn ~ P,I.C3. 15 "Pf~4PPRTY ICI QUESTIO.IV" AS i~ESCRIBEQ 1N EXFi IBIT I " ooYwas a, aore7roa y°~ N.A.~'. h "NQT A PART" * E1(P. ao 56P So a LS. a717 ° t~~t~o4@ EXHIBIT "C-'I" ADDITIONAL {~-I PARCEL Le I f]escri tion THOSE PORTIONS OF LpTS 3p AND 31, DF THE 500 ACRE TRACT DF THE L05. ANGELES FRUIT LAND`ASSOCIATION, INTHE CITY OF VERNON, COUNTY OF LOS ANGELES,.STATI: OF CALIFORNIA; AS PER MAP RECORDED !N BOOK 3, PRGES 155 AND 157 OF MISCELLANEOUS RE.GORDS, AND' AL50 SHOWN A5 PARCEL 3 AND PARCEL 4 ON RECE7RD OF SURVEY FILED IN BddK 191, PAGE 20 OF REC{7RDS QF SUR~IEY, BOTH IN THE OFFICE OF THE COUNTY RECORI3ER OF SAID'COUNTY, DESCRIBED AS FOLLOWS: BEGI NNING AT THE NORTHWIST CORNER DF SAID PARCEL 3, AS SHOV4tN DN SAID RECORD OF SiJRVEY, THENCE, SOUTH. B9°58'55" EAS.T., 620.37' FEETTO THE NORTHEAST CORNER OF SAID PARCEL 3, SAI D POINT AL50 BE ING THE NORTHWEST CORNER OF SAI D PARCEL 4:; THENCE, 50UTH 8~°58'SS" EAST,$b0.37 FEE"I'TO THE NORTHEAST CORNER OF SAID PARCEL 4.; THENCE, SOUTH (30°05'06" EAST, 391.50 FEET TO THE SDUTHEA57 CflRNER OF SAID PARCEL Q; THENCE, NORTH 89°.5a'SS" WEST, 660.28 FEET TO THE 50UTHWEST CORNER OF SAID PARCEL 4, SAID POINT ALSO BEING THE SOUTHEAST CORNER OFSAiDPARCEI3; THENCE, WESTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL 3, NORTH 8St°58:SS"WEST, 600 33 FEET TO THE BEGINNfNG OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 70.00 FEET.; THENCE, NORTHWESTERLY ALONG 5A10 CURVE THROUGH A CENTRAL ANGLE OF 89°51'43", AN ARC LENGTH OF.31.37 FEET TO A P(]INT DN THE WEST L1NE OF SAID PARCEL 3; THENCE, TANGENT TO LAST MIaNTIONEDLiJR1lE, NORTH 00°07'12" WEST, 27155. FEET T4 THE POINT OF BI:OINNING. Prepared by: 'GANb s. ~P G~~ kg llouglas Buynlun, PL5472;7 N flou~,~s sflrxrvn °q Duiin and 13uynton i EJSP. 30 sEP 1fl 729 E. Willow Street ~'a ~.s. as> Sig~ei Hill, CA 90:753 g o.. (5621426-6464 °l' c~?Lt EXHIBIT ""C-2" ADDITIONAL PARCEL Sketch to Accompany Legal Description EAST 50th- STREET - 1 at.a1' E~sT 475.51 ~ ~ 457.73 3H7.7fl \ I' ~ 415.47' wIEST 457-72' Ek57' 35?.7P' EASi 7 6=90'07'12' 'L=31.48 m a $ ~ P_ 34.10' ~ ~YP p.. ~ ~ g PWG~C~C~I~ EAST . ~ GAL-°~C~C~I~L~ ~ g ~ W } a~ W i. ~ 4 s7' Row of Las nrac~.ES ~ ~ W ,o S. Q ~uocTiow RMLwnr ~ S 8 99 W O ~ LB m T8i 3B'- ~ ~ $ ~ ~ BICF752J265 D.R, ~ Ci Z 1J L2 ~ ~ ~ 589.'S8'S5'E a, i _ 1 Z L 11 Id8456' .3$7.70' N895.9"85"W Q V/ 620.37' ~ SBB'5B'55°E_` 6fi0: ]7~ i 589:58'55"E M ~ y1~1n1~~GL ~ P ~ t PWG~C~1~1~ ~ ~ m r il~89~'41'45" ~ `y 8=24.4P L=3.L37 ~ ' ~ 00:33' NBQ'58'55"w 680:~' N ':58'55'W 1 18$[1;8'1' N99^56'55"W FRUITLAND AVENUE LINE TABLE LINE LENCTF'I BEARING u_ P. L Q', 37.$, 224 S.Q, FT, 8, 568 AC, Ll ta. oe Noe•m• iz• w Scale I - 2Q0' L2 1i~ ss S89' S8' S5' E ~ L8 t4. 33 flU0`0:' OS' E La 29. 19 S89•~58' S5' E LS I5. 94 NUO' 0:' OS^E L6 fi4 67 S89' 38' 35' E NOTES, L7 sa7 soo•at'ayw L8 32 30 S89'58'SS'E L9 16. 00 500' 01':05' w PARC€LS 1 , 2, 3 ANG1 ~ RI=FER' TO RECORD QF Lso a 6a rtao• ¢rR ~z' w S1dRVfS'Fi[1=i'7 NBQOK 191 PAGE 200E RECORDS Lss st,on 589.58's$'E 'Of SURVa=YA.S DOGUh4~NT NO. Q4.581 149, ~o 'LAN.b s~ P.I:Q. IS "PROPERTY iN QUi=5TIE7N" A5 QESCRiSED IN ~ (X111 BI7 "G I " ~ _o-~T 000CLAS~A. 80YNT9M °y N.1k.°. 15 "NOT A PART" * ExP. 3o sez so 1s. aei a o °F cA~•zg EXHIBIT "D-1" Fire Access Easement Le~ai Descrip#ion THAT PORTION OF LOT 30, OF THE 540 ACRE TRACT OF THE LQ5 ANGELES FRUIT LAND ASSOCIATIDN, IN THE C1TY OF VERNON,tOUNTY OF L05 ANGELES, STATE OF CALIFORNIA, A5 PER MAP RECOROEOIN. BOOK 3, PAGE5156 AND 157 OF MISCELLANfOUS RECORDS, AND:AlSO BEING A PORTION OF PARCEL 2 AS SHOWN DN RECORD OF 5URVEY F1lfD IN BOOK 191, PAGE 20 OF RECORDS OF SURVEY, BOTH IN THE OFFICE OF THE CQUNTY RECORDER OF SAID GOU.NTY, WITHIN THE FCfLLOWING QESCRIBFD PARCEL OF LAND: COIIIIIVIENCING ATTHE SOUTHWEST CORNER OF SAID PARCEL 2, AS SHOWN ON SAID RECORD CIF SURVEY, THENCE, NORTH f)0°47'12" WEST, 14.120 FEET ALONG THE WEST UNE OF SAID PARCEL 2 TO'THETRUE Pf}INT OF BEGINNING FQR THIS DESCRIPTION; THENCE, SOUTH ,89°58'55" EAST, $3.5.5 FEET; THENCE NDRTH 0'01'45" EA5T,14.33 FEET; THENCE, SOUTH 89°58'55" EAST, 29.19 FEEF; THENCE, NC}RTH 0°Ul'OS" EA5T,16.94 FffT; THENCE, SOUTH:S9°58'55" EAST, 64.67 FEET; THENCE, SOUTH 0°01'05" WEST, 9.27 FEET; THENCE, S89°5$'55"E, 32.30 FEET, THENCE, SOUTH 00°01'05" WE57,16.00 FEET; THENCE, SOUTH B9'SS'S5" EA5T,184.38 FEET; THENCE, NORTH 0°07'12" WEST, 2.6$ FEET; THENCE, SOUTH $9°58'55" EA5T,ILOO FEET; THENCE, NORTH 00°DT12" NfE5T,116,73 FEET PARALLEL W ITH THE WEST LINE OF SAID PARCEL 2; THENCE,-EAST, 34.40 FEET; THENCE, NDRTH 00'07'12" WEST, 161.15 FEET PARALLEL 1NITH THE WEST LINE OFSAID PARCEL 2, TCi. A P01NT ON THE NORTH LINE OF SAID PARCEL 2; THENCE, WEST, 415.47 FfETALONCi THE NORTH UNE'OF SAID PARCEL 2 TD TH E BEGI NN I NG OF A TANG E NT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS,OF 20.00 FEET; THENCE, SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90"47'12", AN ARG LENGTH OF 31:4f FEETTO A Pfl1NT ON THE WEST LINE OF SAID PARCEL 2; THENCE, SOUTH 00°47'12N EAST, 268.39 FEETALDNG SA1D WEST LINETO THE PAINT OF' 6E6alNNING. FIRE DEPARTMENT ACCESS ROAD EASEMENT BEIINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 2;.AS 5NOWN CiN SAIp RECOR? OF SURVEY, THENCE, NORTHERLY ALONG THE WESTERLY LIME OF SAID PARCEL OF LAND, NORTH 04°07'12" WE5T, 29.57 FEET; THENCE, NORTH 6S°50'O.fi" EAST, 9949 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY, HAVING A IiADI US OF 59:00 FEET; T!-IfNCE, EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2~"10'59", AN ARC LENGTH OF 24.90 FEET; THENCE, EASTERLY PARALLEL WITH THI~ SOUTHERLY LINE OF SAID PARCEL OF,LANR; SOUTH 89'58'55" EAST, 222.26 FEETTO THE BEGINNING DF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 32.OQ FEET; THENCE, EAST~RLY'ALDNG 5A10 EURV.E,THROUGH A CENTRAL ANGLE OF 29°52'0:4",.AN ARC LENGTH OF 16:68. FfETTO THE 6EGI.NNING OF A REVERSE CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 32:00 FEET, THE RADIUS POINT DF SAID REVERSE EURVf BEING 32.D0 FEET WESTERLY, MEASURED AT RIGHT ANGLES, TO THE EASTERLY LINE OF SAID PARCEL OF LAND, A R;4DIAL LINE FR~N1 SAID RADIUS POINT BEARS NORTH 29°5.0'55° WEST; THENCE, EASTERLY ALONG 5A1D REVERSE CURVE THROUGH A CENTRALANGLE OF 266°10'39", AN ARC LENGTH ~.F 148.66 FEET TO THE BEGINNING C'F A REVERSE CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 32.40 FEET, A RADIAL L11VE TO SAID POINT BEARS SOUTH 56°19'44" WE5T; THENCE, WESTERLY ALONG LAST MENTIONED REVERSE CURVE THROUGH A CENTRAL ANGLE OF 58°1:8`39°, AN ARC LENGTH 31.45 FEET TO A POINT OF TANGENCY W ITH A LINE 27A0' SOUTHERLY, MEASURED AT RIGHT AN61E5, FROM THE ABOVE DESCRIBED CD.UR5F AS HAVING A BEARING OF SOUTH $9°51B'S4" EAST; THENCE, PARALLEL W1TH 5AID COUR5E, NORTH 89°58'55" WEST, 200.$8 FfETTO.THE BEGINNING OF AT;4NGENTCURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 32.00 FEET; THENCE, SOUTHWESTERLY ALONG SAID. CURVE THROUGH A CENTRAL ANGLE OF 24'10'59", AN ARC. LENGTH DF ],3.51 FEET; THENCE, SOUTH 65°54'06" WEST, 111.54 FEETTD THE POINT OF BEGINNING. l,axa Prepared by: *~a$O ~ u 'A•a [Jauglas Boynton, PLS 4787 ~ D0 eorrrtow m Dulin and Soynuan • pcr. au sFr ro • ~5fi2).426~164 ~6a L:S.4787 ti a Ap' CAL1g ~ 161,15' rban~o~'1z`w w I .cos • rj w~ off. 1Tfi.73` ~ ° o 0 wr ~ao'a7'12`w T ~ ~ N a • ' ~ a w ~ " 2 88' ~ ~ o ~Nflfl~i37'12"w I . ~ ~ ~ . . A 42sN~ V-Y"1~ 14'} =u N ~ W ~°°oo°o$ yy ~ Q a ~ ~ Q ~ r N ~ W v~'i~°Mmv~i rw ~ r W ~ M/ > ~o~d~o OtZit 4f ~ a °v 6+ :ES a Q ~ ~ n ~ J U cu eu N u~ a w ~ ^nii~~~ 16.00' b.5 r.. ~ ycvv~u~ 'WI m N tits ~ ~y ~ 5tl~i'f?1'a5"w 1 Z Q,~ ~ 's1 " ~ I 1 = C.? o 9.2-x' Q ~ so4'oi'aI4s~w p W ~ W ~ 3 W W 3 3 3' 3 '~Y~ I, f7 ~ 'J' ~ (1 ~ ~ 1f9 If7 V VAT O ~ ~ f M7 00 y j IC} W ~ ~ ~ ~I~ O m O O~ 00 ~ a L_ ~ Q.oui~~»..yrr~i ~ ~ W ~ a~.+ -J °°oaa°o~v~i~~ o ~ Fq zzdoav+ztn ~ 'P m w d ~ ~ ~ n6~t0Dfl4(1.~ N I <L ~uivYUOOmvi oo ~ ~J V l7~ ~ fU ill tll q >P ~ :n ~ ~ ~rumainim~~ 0 w 6.9'4' N~ ~ ~ N0a'a1'45"E ~ ^cvro b'urwn .4 ~ J J J J J J J ` 1~1~3~ .1 a ~ `MO4'\\01'05"E W I ~ ~ N ca ` ~ ~ (fT Tn ~ tp. , MS ,~i~1 I N O ~ a EO Op c o~ m. ` N ~ 266.39' SOOb7'12°'E f ~ ~ 1-1 .o Q O ~ ~ m 4 a SOTC~ STREET EXHIBIT "E-'I'• No Build Easement Area Legal Description THAT PORTIp.N OF LOT 3.0, Of THE 500.ACRE TRACT OF THE LDS ANGELES FRUIT LAND AS50ClATION, IN THE CITY DF VERNON, COUNTY OF LDS ANGELES, STATE DF CALIFORNIA, AS PER MAP RECORDED IN BIOOK 3; P'AGES~156AN©157 flF MISCELLANEOUS RECORDS, AND AL50 BE1NC A PDR7IDNOF pARCfL2 AS SHOWN ON RECORD OF SURVEY FILER 1N 1300K 131, PAGE ZO DF ItECDRDS•OF SURVEY, BOTH IN THE OFFICE DF 7HE COUNTY RECORDER DF 5A[D CDUNTk, WITHIN THE FOLLOWING DESCRI$E? I~ARCEL OF LAND: COMMENCING AT THE SOUTHWEST .CORNER OF SAID PARCEL 2, ASSHDWN DN SAID RECORD DF SURVEY, THENCE, NORTH 00°.U7'12"WEST, 14.00 FEET ALONG TH E W EST LINE OF SAI D PARCEL 2 TO THE TR UE POI NT Of . BEGINNING FORTHIS DESCRIPTION; THENCE, SOUTH 139°58'55" EA5T, 83,55 FEET; THENCE NORTH 0°D1'DS" EA5T, 14.33 FEET.; THEPICE, SOUTH 89°58'55" EAST, 29.1.9 Ft:ET; THENCE, NORTH 0°bl'45" EA5T, 16,94 FEET; THENCE, 50UTH 83°58'55" EA5T,.50..67 FEET; THENCE, 50UTH 0°01'05" WEST, 4:27 FEET; THENCE, 589°58'.55"E, 32.30 FEET; THENCE, SOUTH 00°01'45" WEST, 25,00 FEET; THENCE, 50UTH (~9°58`55`" EAST,1$3.38 FFET; THENCE, NORTH 0'07'11" WEST, 2.58 FEET; THENCE, SOUTH 89°58'55" EA5T, 11.00 FEET; THENCE, NORTH 00°07'11" WEST, 116.73 FEET PARALLEL WITH THE WE5T LINE QF SAI.D PARCEL 2; THENCE, EA5T, 34.41 FEET; THENCE, NORTH DO°07'12" WEST, 161.15 FEET PARALLEL WITH THE WEST LINE DF SAID PARCEL 2, TO A POINT ON THE NORTH LI NE OF SAID PARCEL 2; THENCE., WEST, 315.47 FEET ALONG THE NORTH LINE OF SAID PARCEL 2 TO THE BEGINNING DI= A.TANGENTCURVf, CONCAVE SOUTHEASTERLY, H;4VING A RADIUS DF z4.00 FEET;.THENCE, SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 40°07'12", AN ARC LENGTH OF 3].46 FEET TO A POINTON THE WE$TL1NE OFSAID PARCEL2;.THENCE, SOUTH 00"07' 12" EA5T, 266:39 FEET ALONG SAID WEST' LINE TO THE POINT OF BEGINNING. NO-BUILD AREA THE SOUTHERLI'43.00 FEE7OFTHE WESTERLY 401.11 FEET DF SAID pAREEL 2 OF RECORD OF SllRVEY FILED IN BOOK 191, PAGE 2ij DF RECORDS OF SURVEY,J~S MEASURED AT RIGHT ANGLES FROM THE SOUTHERLY ANO WESTERLY LINES OF SAID PARCEL 2. 711E ABOVE DESCRIBED NO-BUILD AREAAFFECTS 4,229 $Q.FT, 0.7'SZ ACRES, D.F THE ABOVE pESCRIBED PARCEL©F LAND. yAND ~9 'r'y. Prepared by~ Ci ,,"i COtH~AS A. BOYNTt1tt Douglas Boynton, PL5 4787 ' CxP. ~o sEF ~a * I]ulin and Bayaton `rim ~s; usr (562)426-b4b4 A~, C Og ~~yi~ ~ is~.1s' Noa•a~•rz"w W r ~g ~ M. ~ 1is.73' l100'fl7'12°w 2.68' Noo•oz'+z°w I Q ~ a !Ri - ~ ~ ~ ~ I A~ ~ ~ ~ N ~ ~ Q W W w - E ~ om - ~ J ~a ar o z I N ~ "mil ~ 16A0' I ~ ~ ~ 1.~~ ~ r a Sooro1'o5'w S., s E ~ Ij'? ~ ~ ~ r ~ 4.27' ~ SOO'R1'45"W ~ Q ° ` I .+y~ "2~.u~ Q ~ W C ,v°, ~ ~ z ~ ~ ~ Q y ~y~goa « v ~ ~ I o ~ ~ e ri 16:94' ~ V7 CJ ~ ~ ~ V N00"01'05°E ~ Y A o 14.33' 1 n ~i N00'Ol'45'E I m m ro - '1!,~J 17 # S N ~ I a w G v~ a67~ ~ N'O. t ~y c°y voDi dKJ 3 i. 18~ v 'o wz f SOTO STREET EXI~I~iT "D" SELLER'S DEMO CONTR:4~T WITH ADDENDUM P1UOF5~iuHI Nel ~ I uei3,r nyiN(W~NInIM1 piY,' . AUDENDIlM to Agreement between t7wens-Broekwav Grass Container Inc, and CST Environmental, Inc. for services in Vernon, California The terms of this Addendum {the "Addendum") are hereby made a part of the Regulated Buitding Materials Abatement and Lernolition Agreerrment {"Agn~ement") between Qwens-Brockway Glass Container lnc. ("Owens") and CST Environmental, inc. {"CST"}. The Agreement consis#s of: Regulated Building Materials Project Manual; 13uiiding #70 i?emoiitian #23 Vernon, dated July 2, 2008; Bid Proposal Form dated July 17, 2008; ietYer from CST Environmental, Inc. to Owens Brockway dated October 14, 2008; and Exhibit A -Project Requis'itio.n dated October i4, 2008. In the event of conflict between the Agreement and this Addendum, then notwithstanding any other provision of the Agreement to the contrary, the terms of this Addendum shall control. Together; the Agreement and this Addendum are referred to as tite "Contract". CST acknowledges that the project site described in ExhibitA-1 to this Addendum ("Project Site") has been sold to the City of Vernon, California ("city") far land value, with the land being delivered .ta the City with rite demolition of the building and the. remediation of the Project Site completed. The City and Owens have agreed that the demolition of the: building -and remediation could be performed after the closing. The demolition and remediation ate to be performed in accordance with the Agreement, as amended hereby: f, General Requirements. Upon receipt of the certifica#e of insurance described Paragraph 7 below, CST shall hive a revocable license to enter the Project Site to peifvrm the Demolition Work {as defined below} and the IRemediation Wvrk {as defined below) in accordance with the terms of the eon#ract, Prior tv its first entry for purposes of performing the CST's Wark (as defined below}, CST shall provide not less than 48 hours prior notice of its intent to enter onto the Project Site as follows: Fvr the first entry for Demolition Work {as defined below}, notice shall be given fa Kevin Wilson by telephone at 323.-5$3-8811 or by .email. at kwilson(a~ci.vernan.>ra.us; for the first entry for Remediation Work (a.s defined below}, notice shall be given to Lew Pozzebon by telephone at 323-583-8811 or by email at Ir3oazebonCr~ci.vemon.ce.us. All notices shall be given an Monday through Thursday (excluding holidays). CST`s ltlJark (as defined below) may be performed on any day, including Fridays and weekends, except that if any activify to be performed requires the inspection or approval of the City of Vernon (in its role as a municipality, and not as an owner} or involves significant sampling, such work shall be performed on Monday through Thursday {excluding holidays) unless; upon request, the City of Veman agrees tha# such work may be performed an Fridays and weekends. Owens shall also delivetta'the City, on a weekly basis, a proposed schedule that identifies the nafiure and scope of CST's 1(Vvrk anticipated to be performed that week, time frames, and sampling events, if applicable, to allow the City to be on site if desired. The license granted hereunder may be revoked should CS7 breach 'or default under the Contract and the same is not promptly cured. 2, Demolition Wark. GST shall perform the demolition Wark described in the Contract ("Demolition Work''} vn the Project Site.. CST shall not commence the _1 - Ob8t0lOd53 1847542 019 € OP0~3 185847.4 Demolition Work until C;~T has received permits from the City of Weman Building t]epartment. The Demolition Work shall specifically include the following activities: a. All manmade items, structures and buildings, including footings and foundations, shall tae removed from the Project Site; provided, however, that. where foundations extend deep below the surtace, the portion of the foundation ar footing that is mare than 10 feet below grade may be left in place.. Where such foundations ar faotin.gs are left in p.laee, CST shall retain a land surveyor to record a cavenan# indicating the location of the buried object. The base or floor of any foundatfan left in place .shall, where necessary, be broken up to provide appropriate drainage: b. After removal of all structures as provided herein, the Project Sfte shall be left level, with any hales filled -with clean sail The surface shall be graded sa That surface drainage shall` be in the direction of adlacent public streets or adjacent railroad property and in compliance with NPDES requirements. Clean soil from the Project Site may be used as fll for any voids. If there is not sufficient clean soil an the Project Site for this purpose, clean imported soil is to be used for fill Na crushed material may be used as fill. A!I fill material is to be compac#ed to a relative compaction of 90%. Crushed material from the Project Site may be used solely to cover the site with a two to three inch layer of crushed material, spread over -the site and compacted to a minimum of 9Q4/o. All asphalt and all other crushed materials are to be removed from tfte Project Site, Any excess soil on the Project Site after leveling shall be removed. The Projed Site shall be kept seGUre at all times, as further described in Paragraph 9 below. The terms of this Paragraph 2.b. control over any contrary provisions in the 63ctober 14, 2l]t}B letter from CST in which CST states that "all of the crushed material will be considered clean till.'" c, Upon the oampletion of the Demolition Wank, CST shat! obtain the approval of the Gity's Department of Community Services ~'Gommunity Services"} for the completion q# said work and the satisfaction of this requirement. 3. Remed:iatian Work. CST shall perform the rernediation work described in the Contract ("Remediation U?/ark'} on the Project Site. The Remediation Work shall specifically include the following activities: a. CST acknowledges that the Remediation Work shall include the removal and disposal of all hazardous materials that may be in, about or around the. Project Site, including without limitation, .lead-based paint and asbestos containing materials ("ACMA} to the levels reasonably below those set fdrth in the United States Environmental Pmtectian Agency Regional Screening Levels for Chemical Contaminants at Super Fund Sites, 2008, utilizing the appropriate screening levels that are protective of industrial soil, industrial air and ground water, The demolition, removal and disposal of all such hazardous materials, including all lead based paints, PCBs, PC8 light ballasts, mercury containing switches, and ACM, shall be perfomtied in accordance with tfte provisions. set forth in the Contract, including without limitation Paragraph 4 below. If previously unidentified hazardous materials are erteauntered -2- 41910~OQ43 ISi847.4 during demolition, CST wilC notify the Gity of Vernon Health and Environmental Gcntrol i3epartmen# ("Health Department".) and Owens.. Owens shall be responsible for the preparation and submission of an appropriate work plan to remove the material. The work plan shat[ tae submitted to the Health Department for its review and approval, which approval shall oat be unreasonably withheld ar delayed. Qwens shall be responsible for providing confirmation sampling of the removal and CST shall complete its Demolition Work and.Rehnediation Work in the meantime to the exten# practicable. Owens shall be solely responsible for the' cost of developing the work plan and remediating the previously unidentified hazardous materials. b. All contaminants, including contamina#ed soil, shall be removed, in accordance with and to the degree required by the terms of the Contract. c. llpnn the completion of the Remediation. Work, CSfi shall obtain a certificate of closure., if one is required, issued by the Health Department; as evidence of the satisfaction of this requirement. If a certificate of closure is not required, CST shelf obtain the approval of the Remediation Work by the Health Department in accordance with the terms of the Contract. 4, Performance of CST's Work. The Demolition Work, Remediation Work and atl other work to be performed lay CST under the Contract is collectively referred to in this Addendum as "CST's Work". CST agrees that the following requirements shall apply to all CST's Work: a. All of GST'.s Work is to be conducted in a clean, safe, prudent manner, in accordance with industry standards and [n accordance with all applicable laws, including without limitation, laws regulating the handling, transfer, storage, and disposal of all Hazardous Substances (as that item is defined in Galifomia Health and Safety Code Section 2b31fi). CST .shall perform a.ll.af CST°s Work in accordance with the terms of the Contract. GST shall promptly pay all subcontractors and mate.rialmen in full and not permik or suffer any lien to attach to the Project Site a.nd shall have nn authority or power, eacpress or implied, to create or cause any lien, charge nr encumbrance of any kind. against the Project Bite. CST shall timely and pra}serfy obtain al[ permits, licenses and approvals required from all governmental entities for the performance of CST's Work. b. CST represents and warrants to. Owens that CST is competent and knowletkgeable in industrial demolition and in removing and transporting Hazardous Substahces. For purposes of applicable law, CST shall name Owens as the responsible party on all manifests, licenses., and documents regarding the storage., release, and transfer of Hazardous Substances removed by CST as part of the Remediation Work, and shall List Owens on all manifests at the landfill site as the responsible party for said substance. CST shall provide 'the Health Department with a final report confrming its activities' and proper management of wastes as part of the Remediation Work, together with such additional information as the Health Department may require. -3- 01710/0053185k'474 c. CST shall pravi~e the Health Department wi#h a final report setting forth the identity and quality of materials recycled. by CST and by any subcontractor, together with such additional information. relating to the Demolition Wark as fhe Health Department may require. 5. Completion of CST's V1lvrk. CST shall complete CST's Work by the date that is one hundred twenty (120) calendar days after the closing of the sale of the Project Site to the City.("Completion Date'}. Completion of CST's Work shall mean that: a. As to the Remediation Work, the Health Department shall have issued a Closure Cer#ificate, if one is requited, or shall have otherwise have approved the Remedia#ion Work as described in Paragraph 3.c. afthis Addendum. b. As to the Demolition Wark. Community Services shag have approved the Qemalition Vllork. c. As.to all of CST's Work, CST shall have delivered to Owens full and complete medianic's and materialmen's lien releases fQr ail contractors and suiieahtractvrs performing CST's Work or prou~ding materials for CST's Work. 6. Site Hazards. CST acknowledges that the prior and ongoing remediation and demolition an the Project Site creates certain hazards an the Project Site,, including, without limitation, passible release of particles and dust, passible holes ar trenches an the Project Bite, possib~ unstab{e struc#ures on the Project Site, and other possible hazards that could result from remediation or demolition an the Prajeet Site {"Hazards"}. CST also acknowledges that CST's Work has inherent risks in addition to those identified as known or suspected Hazards and. will ensure that CST and its. employees; agents, and subcontractors (collectively, the "Contractor Parties"} apply appropriate safety precautions. CST shall deliver to Owens a copy of the CST work plan that shawl or describes the locations at which CST intends to conduct borings or undertake other invasive work. CST, for itself, its officers, directors, shareholders, and others entering onto the Project Site at the request of CST, hereby releases the City, its elected officials and staff, and Owvens, its vfBoers and staff, anal their respective employees, representatives arum agents (collectively, the "Owner Parties"}, from all claims, actions,. losses, damages, injuries, oasts and expenses (including, without limitation, reasonable attorneys' fees and costs, and casts of I'~tigation, inGuding costs of experts and witnesses), including all claims of illness, injury, death, or property damage, arising out of or resulting Pram the entry onto the Project Site or the performance of any work thereon by any Contractor Parry. 7. Insurance. Prior to entering onto the Project Site, CST shall comply with the Insurance Requirements a#tached hereto as Schedule 1, including Exhibit "A" to the Insurance Requirements. All insurance required herein shall be by companies duly licensed dr admitted to transact business in the State of California,. and maintaining during the policy term a "General Policyholders: Rating" a# at least B+, V, as set forth in the mast current issue of "Best's Insurance Guide". CST and the Contractor Parties 4._ 019lO.+INl33 [tk59A7.G shall not da ar permit to be done anything which invalidates the required insurance policies. CST shall, prior to entering the Project Site (or allowing any Contractor Parties to enter the Praject Site), deliver to the City and Owens cert#icates eviden~ang the existence and amounts of the required insurance (including the l7eclaratioh Page and Schedule ofi Forms of Endorsement). No such policy shall be cancelable or not renewed exe~;pt after 30 days prior written notice to the City and Qwens. CST shall furnish the City and Owens renewal certificates within t0 days prior to expiration as evidence of renewals. Such policies shall be far a term of at least one year. 13. Indemnification: CST shall protect, defend, indemnify and hold harmless the Owner Parties, and each of them, jointly and severally, against and frarn .any and all claims; demands, causes of action, damages, costs (including, without lin~itatian, ail costs and expenses of defense, such as consultants and expert witnesses, and reasonable attorneys' fees), expenses, losses a.nd liabilities (collectively, a. "Loss")., at. law ar in equity, of every kind or nature whatsoever, including, but not limited to, injury to or death of any person ar persons and damage to or destruction of a.ny property, threatened, brought or instituted, arising out of or in any manner directly ar indirectly connected with (a) the entry upon the Project Site by CST .or any of the Contractor Partes; (b) any claims arising out of CST's Work (including, without limitation, claims related to injury, illness, or death, damage to property, yr the removal,. Transfer, storage, or disposal of Hazardous Suiastances; and (v) claims asserted against the Owner Parties as a result of the existence of the landfill at which Hazardous Substances from the Property are disposed or the disposal of the Hazardous Substances from the Property at such site; prvvlded; however, CST shall not be liable for any Loss to the extent caused or resulting from the gross negligence or wilifial misconduct of the City or Owens or the Owner Parties. The indemnities set forth herein. shall survive the termination of this Gontract. 9. Securi During the performar'ICe of CST's Work, CST shall maintain security at the Praject Site, at CST's sale cost: and expense, Including wlthau# limitation, security fence or other enclosure during demolition. GST shall, 'rf reasonably necessary in terms of cond'Rions at the Project Site, retain a security guard at the "Project Site during the performance of CST's Work. During the performance of GST's Work, CST shall have sale liability far conditions at the Project Site and securing the safety of persons and property. CST hereby releases Owner Panes from any claim for any loss, theft, damage, or injury to person ar property occurring on, at, or about the Project Site during ttie performance of CST's Work. 10. Revocation of License. Notwithstanding the term of this Contrac#, the license granted to CST herein shall. be revocable in whole or in part by t~wens upon notice from Owens to CST that CST has failed to comply with any material provision of this Contract if such tfefault is not cured wittliri one day following delivery of notice of default. The revocation of the license granted herein shall in no way prejudice any of the rights and remedies available to Owens at law or in equity. If the license :granted herein is cancelled CST shall promptly cease all work at the Project Site and. repair any damage done to the Project Si#e by CST and the Contractor Parties, at CST's sole cost and expense. Notwithstanding anything set forth in the Contract, GST shall not b+r -5- U 491 ~Iti033 185843:A required to re-construct any portion of any improvement on the Project Site that was demolished: or partially demolished by CST as part of CST's Work. 9 t . Miscellaneous. In the event either party hereto brings suit to enforce the terms of this Contract or on account of breach hereof, the parry not prevailing in such suit shall pay an.y and alI costs and expenses incurred by the other part}t in such .suit, including, without limitation, court costs and attorneys' fees. This Contract sets forth the entire agreement of the parties witty respect to .the subject matter hereof and supersedes all prior discussions, negotiations, understandings or agreements relating theretfl. No alteration or variation of this Contract shah `be valid or binding unless made in writing and signed by the parties hereto. This Contract may be executed in counterparts, and facsimile signatures shall be enforceable and binding on the parties, provided, however,. that the parties shalt exchange originally signed docurrments on a reasonably prompt basis. -6- Q i 41tf~WD53 1 SSk47 4 Executed as of the day of CST: CST ENVIRONMENTAL, WC. ~y: Narn~: Title: OWENS: OWENS-BRO~CECWAY GLASS CONTAINER INC. By: Name: Title: Y:V96f.SL1~1~1119111 sg~a;65xwc.RSwamF.ome - - i} 191 W9U3 3 18Sti47.4 SCHEDULEI INSURANCE REQUIREMENTS FOR CONTRACTOR5 Prior to entering upon the Project Site, CST shall (i} procure, pay for and keep in full force and effeck until the termination of the Work, an occurrence farm commercial general liability policy with respect to the Project Site and the activities of C5T, its agents, employees, subcontractors and consultants, protecting the City and its elected afFcials and staff, and Owens, and' the employees, agents, and consultants of the City and Owens, as additional insureds, against claims for bodily injury, personal injury and property damage based upon or arising out of the entry onto the Pro}ect Site c# CST and any of its employees, agents, representatives, or subcontractors, in the amounts set forth in Exhibit "A", an "Addikional 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, (ii} procure, pay for and keep in full force. and effect until the termination of the Work, Environmental Impairment Liability (Contractor's Pollution Liability, if carried by the contractor} on an occurrence form coverage with respect to the Project Site and the activities of CST, its consultants, agents, employees, and subcontractflrs, relating to the Project S+te in which the limits shall be as set forth ih Exhibit "A''; and (iii,) procure, pay far and keep in full force and effect until the termination of the Work such other coverage as is described in Exhibit. "A" hereto. All of such policies (except for the Workers' Compensation policy} shall name Owens and the City, its elected off'iciais, staff, employees, agents, and consultants., as additional insured parties (or loss payees, as the case may be}, and shall comply with the other requirements set forth in Exhibit "A" hereto, and GST shall provide the City and Owt;nS with .certifcates of insurance evidencing such insurance. The i:ertit3catES of insurance (including the l~eslaration Page and Schedule of Forms _ and Endorsements} shall be delivered to Willard Yamaguchi, Esq., Risk Manager, at 4305 Santa Fe Auenue, Vernon, California 90U513. The liability policy shall not contain any infra-insured exclusions as between insured persons or organizations, _but shall include coverage for liability assumed .by CST under this Contract as an "insured contract" far the .performance of CST's indemnity obligations under this Contract and shall include contractual liability coverage, oral and writ#e.n, operations premises liability, personal injury, independent contractors, broad form property damage, and cross- liability coverage. The limits. of said insurance shall not, however, limit the liability of SST nor relieve CST of any obligation hereunder. A[I insurance carried by CST shall be primary to and oat contributory with any similar insurance carried by the City or Owens, whose insurance shall be considered excess insurance only. -8- 019I0~0033 CB5847.A EXHIBIT A INSURANCE REQUIREMENT5 Contractors entering onto the Project Site shall provide proof of insurance, including a standard certificate of insurance and other eviderrae as described below, in at least the following amounts and coverage (combined single limit permitted). Coverage and Limits Bodily Injury Property Damage Hazards Each Person Each Occurrence Each Occurrence 1. Automobile Liability Owned Automobiles $1,000;000 $1,000,000 $500,000 Hired Automobiles $1,000,000 $1,000,000 $50.0,000 Non-Owned Automobiles $1,000;000 $1,000,000 $500,000 2. Workers' C.ompensatian $ Statutory 3. Emala~rs' Liability $1,000,000 per employer 4. Liabili Preirl'ises Operations $1,000,000 $2,000,000 $1.,000,000 Independent Contractors $1,D00,000 $2,00O,OOD $1,000,000 Products -Completed Operations $1,000,000 $2,ODO,Q00 $1,000;000 Contractual Liability $1.,000,000 $2,000,000 $1,000,000 Umbrella Liability $5,000,000 $5,000,000 $1,000,000 General Liability $1,OD0,000 $2,000,400 $1,000,000 Cantractcr's pollutiari Liability $5,000,000 $5,000,000 $5,000,000 The general liability policy shall .contain the following items which shall be noted on or attached to the standard certificate of insurance: 1. An endorsement naming Owens-Brockway Glass Container Inc. and the City of Vernon, '.and their respective officers and employees, as additional insureds (or loss payees, as the case may be) under the policy. 2. An endarsernenf providing Owens-Brockway Glass Container Inc. and the Gity of Veman thirty (30) days notice of canEellation or material reduction of coverage. 3. An endorsement providing coverage for all operations under the City of Vernon permit and specifying the ac#ivi#ies covered, 4. A copy of Contractor's general and umbrella insurance policy declarations page. 5. Copy of schedule of forms of endorsements. -9- V 191 U14U53 11F H47.4 EXHIBIT "A-'1" CITY PARCEL Legal Description THAT PORTION OF L07' 3D, OF THE 5D0 ACRE TRACT OF THE LOS ANGELES FRUIT LAND A550tIATION, IN THE CITYOFVERNON, COUNTY OF iOS ANGELES, STATE dF CALIFORNIA, A5 PER MAP RECORDED IN BOOK 3, RAGE5156 AND 157 OF MISCELLANEpUS RECQRDS, AND AL5t4 BEING A PORTION OF PARCEL 2 AS-SHOWN pN RECORD OF SURVEY FILED ITV BOOK 131, PAGE 20 OF REGORaS dF SU.RVEY, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY', WITHIN THE FOLLOWING QESCftIeED PARCEL OF LAND`. COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 2, AS SHOW N ON SAID RECORD OF SURWEY, THENCE, NORTH QO°6T12" WE5T,14.40 FEETALONG THE NIEST LINE OF SAID PARCEL 2 TO THE TRUE POINT OF BEGINNING FOR TH IS DESCRIPTION; THENCE, SOUTH 84°58'55"' EAST; 83.55 FEET; THENCE, NORTH 0°41'D5" EAST, 14.33 FEET; THENCE, SOUTH 89°58'55" EAST, 29.19 FEET; THENCE, NORTH 0°01'05" EAST; 16,94 FEET; THENCE, SOUTH 89°58'55" EAST, 60.67 FEET;THENCE; SOUTH O°01'05" WEST, 9'.27 FEET; THENCE, SOUTH 89°58'55" EAST, 3Z.3D FEET; THENCE, SOUTH 0°01'05" WEST, 16.00 FEET; THENCE, SOUTH 89°5$'55" EAST, 184.38 FEET; THENCE, NORTH 0°07'12" WEST, 3.fiR FEET; THENCE, SCkUTH 89°58'55" EAST, 11.00 FEET; THENCE; NORTH OD°07'12" WE5T,116.73 FEET PARALLEL W1TH THE 1NEST LAVE OF SAID PARCEL 2;.THENCE,.EAST, 34.40 FEET; THENCE, NORTH G7E!"07`32" WEST, 1:&I.35 FEET PARALLEL W ITH THE WEST LINE OF SAIR PARCEL 2; TO A POINT ON THE NORTH LINEOF.SAID PARCEL2; THENCE, WEST, 415:47 FEETALONGTHE NORTH LINE OF SAID PARCEL 2 TOTHE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 20.00 FEET; THENCE, SOUTHWESTERLYALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 9°07'12°~, AN ARC LENGTH OF 31,46 FEETTO A PAINT ON THE WEST LINE OF3AIb PARCEL 2; THENCE, SOUTH flD°0712" EAST, 266.39 FEET ALONG SAID WEST TINE TCt THE TRUE POINT OF BEGINNING. Prepared by: L~.NA y~ sG d~ L?c:ugias Boynton, Pi,S478:7 „ ooucus aare~ras m Bulin aneT E3ovnton ExP. 30 SEP t0 # 7x9 R: VVlllow.Sireet `"A ~s. ,tn7 ~°v 3i#;na] Hill, CA 40.755 o~# (3620426-b464 CsL1~ REGULATED BUILDING MATERIALS P R4J ECT MAN UAL Building #70 Demolition #23 Vernon Prepared for: 4wens-Brockway Glass C©n~a~.ner Inc. Perrysburg,. Ohio Plant #23 Veman, CaiifQmia Bttre~u Veritas PPojed No. 340.48-0087B5.Oi July 2, 200.8 Bureau Veritas North Rmerica, Ine_ r•1eaN1~, uraiety, and Envirtmmerrta! Services 520 South Main Btr+aet, Suite 2444 Akron, Ohio 44311 330.252.5900 V Y¢ d C J ¦ p rffi 8 Far the ben~til6t husiness acrd people CONTENTS section Paoe Invitation to Bid ..................._,...._...................._......................,......:.._......_................................_.3 Instruction to Bidders .........................._........................................~.......,..........................3 Section 01010 -Scope of Niork ..........................._......................................................:.............9 Section 01394-Submittals_ ..........................~..._.....,.........................._...._...........................14 Section 02975 -Lead Control Procedures...._......_.» ..........................................„......»...._.....19 Sectlon 13287 - Lead~esed Paint AbabemeM ...........................:..__..........._.....................,.....31 Sectlon 13284-Asbestos Abatement............_......_ ...................__..................................._._..43 SeCbion 13253 - PCH~ontaining Ballasts Remedia#ion .............»............._......................:.....56 5action13254 - Mercury~Gontelning Electrical Components Rernediatian ................._......,.59 Figune 1 Asbestos Lacetion Diagram: Main Floor 2 Asbestos L6Cation Diagram: Mezzanine Level 3 Asbestos Location Diagram: Upper Mezzanine Level $ Roof Attacbment Demolition Scope Prepared by d-1 Appe4dbt A Project Designees Lioen®e Bureau Veteas Prefect Nm. 34t!!)8-0D87~5.4~ BIDDING RE4UIt2EMENTS 1.1 INVITATION TO BIDDERS 1. PROJECT Regulated Building Materials Abatement and Demolitlon - Buildings #70 Owens-Broctro+ay Glass Container Inc. Plant #23 2901 Fruitland Avenue Vemon, Celifnmia z, OWNER Mr. d. Randy PhiElips OWF,.NS-BROCKWAY GIASS CONTAINER INC. Four O-I Piaze One Michael Owens Way PerrysGUrg, OhiG 43551-2999 567.336.7543 567.336.7888 (Fax} 3. PROJECT DESIGNER Mr. Michael-Ray Boyden Bureau Veritas North America, Inc. 6920 Kgll Center Parkway, Suite 216 Pfeasantan, C,alifomia 84586 9Q5.426.268$ 925.426.0106 (Fa~i) 925.382 naa (c~lq 4. PROJECT MANAGER Mr. Andrs?v Stewart Bureau Verdes North America, Inc. 520 South iiifain Street, Suite 3444 Akron, Oh1a44311 330.252.5100 330.252,5105 (Fax} 330:353.4751 (Cell) 5. PROPOSAL Propnaals are hereby requested for She removal and eisposal of vario<u regulated building materials irtduding asbestos, lead, polychlprinatect biphenyls (PCBs), mercury, and miscellaneous chemicals from puilding #70 and Bailerat Plant t123 in Vernon, California as indicated in the project marnral dated Juiy 2, 2008 and site-walk conducted on July 10, 20~.&. aiddlryi Requirements 1 Bwedu Verilae Prfljeu! No. 3400&00$725.04 1.2 INSTRUCTIONS TD BIDDERS 1. B1D8 Bids for the abatemerrt of regulated building materials as specified in the Scope of Work and ~attarhed Technical Speafieations, dated July 2, 200g.will be received up tt) 2:00 p,m, (5astem Tlrrre} nn July 1$, 20p9. All bids shall qe addressed and delivered (byfax er electronic mail} to: Mr. Andrew Stewart Senior Project Manager T NaSortal Accounts CoordtrraUpr Bureau Nettles North America, Inc. 520 South Main Sheet, Suite 2444 Akron, Ohia 44311 330252.51fl0 33D.2a2.5105 (foxy 330.3b3.47fi7 (cell} an dv. stewan:~us.bur~uveritas.com and to Mr. Randy Phillips of Ovens-Brockway at.&87.336.7898 ar via electronic mail to randV.ghilllas~o-i.corrr Faxed and eledranically mailed bids wIA be accepted pending. delivery of.an ordinal copy of the proposal to Bureau Veritas North Amariea's otRce within. (1) one wortiing.day of the faxed 'bid. " Contractors oat actlrtg In accordance wkb bidding directtons may su bject contractor to dlsquall€raation (seir Bid Requirerrrents in Sectlan 11}. 2. PREPARATION OF BIDS Skis shall be suturritted on forms funtished, or copies thereof, end mural be marruatly signed if srasures or other changes appear on the forms, each .erasure. or change must be initialed by the person signing the bid. 9. OPEN1Nia OF BIDS All bids shall be opened privately and unarrnounced. 4. RE.iECTION OF BIDS The Owner reserves the right to acxept ar reject any or ail bids, to valve minor informalities in any bid, or to make overdo in the best Interests of the Owner. The Owner assumes no responslbitlty for the bidrfiar's cost of bid preparation and submission. lns+rucnon w 6ldoers 2 Bureau V9rit~ project hER. 34048 0o872fi.01 r 5: BIDDER'S RESPONSIBIL FOR COI!IDITIONS Of VYDRKAND SITE The Contractor shall visiE the areas of proposed work and familiarize himself with all candftians and®r wfgch he will be obliged t9 perform'the Contract. Submission of a bid shall betaken as evidence bf Complianne with this requirement. 6. INTERPRETATION OF GONTRAGT t]OGUMENTS ff any person contemplating submitting 8 bid for the proposed Contract is in doubt as to the true meaning of any part of the Contract Documerrts or ranter data, he map submit to the Project Manager a request for interFuuetation. The person submitting a written request will be responsihlefor its prompt delivery.:4ny interpretation of the documents will be made only by an Addendum duly issued. A copy of such Addendum will be mailed or delivered to each. Bidder of record Requests for writt~t interpretation must be received by Bureau Veritas North r4rrrerica, Inc, no later than 2 PM Eastern Time qn July 14, 2{tll8. 7. PRESENTAT{flN OF ffidS 1) One (1) Copy of each bid stroll be submitted on the preearibed Hid Form vrith the pre-bits submittal requirements. 2) Bid pries shall be filled in, in ink, and in loth words and figures. In the case of corrfiiCt, the worded pace shall govern. 3) Bids shall be submitted (rr~ed and faxed or emailed) fa the place of receipt and before. the tiros of receilst Indicated in the Instn~fion to Bidders, Bidders are solely resjmnstble for delivery. 8. METHOD OF SlD 1) Hids shall be made an an itamiaed, stipulated lump sum basis fqr ate base bid and attemates. 2) Prices quoted in the base bid shall be guaranteed after bid rice date through January 18; aoos. 9_ Cd2NTRACT 17OCUNENTS The following form the Contrai:tx Dacurtt3ents: A. Invitation to Bid B. These Instructions to Bidders C. Bid Proposal Form D. Scope of Work dated July 2, 2flfl8 E. Exhibit "A" between 9wens-Brockway t3lass Conhainer Inc. and selected contractor to be completed IgsB'udionto Bidders 3 Bureau Vedas Project No: 35006-008725.01 r r F. Rgreement for Environmerftal Services between bwens-Brockway Glass Container Inc. and seleded cwrtractor 1 D. 1NDEYINIFICATIDN The Contractor shall inderrrrfify and holed harmless the t7yvner and their agents and employees from and against all Balms, damages, lasses and expenses inducting attorneys` fees arising. out of ar resultlrtg from parFom'tance of the work, provided that any such .claim, damage, loss or expense: 1) is attributable to bodllyr injury, sickness, disease .ar death, ar to injury" to or destruction of tangible properly (otlier Phan the work itself) ink3udira3 the loss of use resulting therefrom and, 2) is caused in~whole or in part by a negligent 8ct or omission of the Contractor, or subccntractoc, anyone directly tx indirectly employed by arty aflhem, or atryane far whose acts any of them may be liable, regardless of whether or not it. is caused in part by a party indemrrfiad hereunder. 11. PRE-t31D REQUIREMENTS In addition to the Bid proposal Forrn, k shall be a oorx~t€on in awarding of the contrail tl'rat the bidders have the following, items inducted within their tzd package: 1} l]eteiled propasad work plant ihduding. project: sequencing and schedule, work methods and procedures, er~ineerktg controls installation and use, deoardaminalianpnocedures and locations, remktvai procedures, and equipment; 2} Written decutnentat~n of previous abatement projects ~ similar size in occupied facilities; 3.) Documentation of any regulatory violations within the past three years; 4) Written dokxrmerttatian of Rbatement Contractor's experience and experience of contractors, suparvlsars and workers {mirrimum three years); 5) Documented evidertcs of current and vaNd licensing in the; Slate of California in accordance with the provisions of Chapter 9, Division 8 (as amended) of the Business .and Professions Code; 8) Documented evidence. of current-arid valid.certiftca4ion in the State of California to perform asiaesbos-related wank by the Contraryors' State license i3aartl; T) Documented evidenr8 leaf current and valid registra5on with the Callfomia pepaRmen# of Industrial Relations - Diyisitm of dccxtpational Safety and Health (DOSH) to perform asbestos-related work; 8} Documented evidence to demonstrate k:ompetency of Contractor's onsite k~mpete'ntfcertified supervisory personnel as defined by Title 8' CCR Section t529(b) and Title 29 GFR Part 192B.11D1 {b); and B) Waste management prooedurestobe used (incudevraste containers, landfill, paperwork etc.) Instruedan fa Bidears a Bureau verit95 Proles Pto. 34i)~&008725.01 Y 10) List of any proposed subcontractors and information rekated to the stiboontractor (items 1-9). IttsVUCZbn zb Bit&f~s 3 Bureau VerA88 PYOfbd Nn. 5400&W8725.Dt 81D PROPOSAL FORM Regulated Building Materials Abatemen# and Demolklon Project Buildings #70 Plant #23 Qvrerrs-Brockway Glass iCantainer Inc. 2941 Fruitland Avenue Veman, California for Owens•Brackway GIaSS Container Inc Four Oa Plaza One Michael Owens Way Perrysburg, Dhlo 43551-2994 Submitted by: Address: f)ate~ Teteptlone Number: scope The undersigned hereby proposes #o famish all labor, equipment, materials and supplies necessary to periann the Scope of Work in-the Contract Documents by the procedures described herein. The Contractor, by submitting a bid for the work, represents itself as~ knowledgeable and an expert in the performance pf the work, and Includes all things usually and customarily necessary to prmVide a complete and finished joh, whether speclfii:ally mentioned rx not. The contractor is respc~sible for verifying quantifies and site conditions in the field before. bidding. Any quest~ns about the scope ar clarifications shall be obtained from the Project Designer prior to bidding. Any interpre4ativns of d,e design documents shall only be made by the. Project Designer. Work is required for the abatemer~ of alI identified regulated building materials including asbestos, lead- based paint in paor.conditEon, i7CBS, mercury, and misceNaneous chemicals uathin the Projeck Manual, dated July 2, 20x8. The undersigned agrees to conduct work in strict aewrdance with the Project Manual, dated July 3, 2408 prepared by Bureau Veritas North America, Inc., 692t} Koll Center Parkway, Suite 216 in Pleasanton, C.alifomia forthe sums indicated below. Abatement Tirneframe All base bid abatementwoAc and cleanup must be rarnpleted wittrn 16 working days after inifiatian of abat+emeitt acfivlty following the ten (10}-day regulatory notiflcation_ Work shifts will begin after 7:OpAM and must be completed by 5:QOPM. eld Form 5 Bores Yeriles. Projcsct Na, 340D8-pQ8T25:09 Brtl Propas~l Fnim BASE PROP05Al.. PRIICE Item Cp 7) Remove and dispose of all asbestos•carrtaining mater~is, mercury. containing light tubes, PCB-containing light ballasts, lead-baser) paint in poor ca>ydition, acrd miscellaneous dremicals in Buildings #70. Proposed Time Frame in Calendar Days 2): D~rroiish structiues and properly dispaseof all debris. S Salvage Credif $ Proposed Time Frame in Calendar days .UNIT fiATE3 Hourly rate for providing workers and supervisors for additional removal of asbestost~orr~ning materials rKrt spestFled In theTeChrircal Sprecificalions. Bid must also include rates for additional cubic yards of asbestcas-containing waste rernrned from site, Job ClassltlcatlonslAddiitional Bid Item Hourly RatA Worker ner hou Supervisor oer hour Handling anal Disposal ofAsbeatos Wasta oerbag Additional site riovbiizatlonldemobiiization der mobtdemob Bid Farm s Bur~U~UBrit&6~Praied No. 34008-W$72b.0t Bid Proposal Faro ADDENDA ACKNOWLEDGMENT Aclcnowledc~e receipt of all Addende received below by rwmber and date: Addendum No. Date Addendum No: Date iF AN INDIWtDUAL Lorg-hand Signature of Bidder. Doing Business As: Business Address: 1F A PARTNERSHIP Name of Fim7: sr Business Address: .Attach sltieet wish the names and addresses of all members of the partnership. Bid Form T Bureau Verdes Project No, 3<UDB-008725:01 Sid Proposal Farm IF A CORPOfL4TI0N Corporate Narrre: State of Incixporation: By: Corporate Seal (President) Business Address: Names (Presideaty of {3ecretary) Otf~cers (5reasurer) ATTEST: ESeoretaryy Bid Form S BUreeu Y®zitas Projetf No. 3AW&D08725.61 Bid Proposal Form sECr1aN oioio ~capE 01= woalc PART is GENERAL i.4 SECTION INCLUDES A Description of contract work. B. Owner furnished products. 1.2 RELATED DOCUINENT$ i. Induding but not Itmited io, ail drawings, the general conditipns of pie contract, and specification sections, apply to work of this section, L3 DESCRIPTION OF REQUIREMENTS 1. PiBBRE~/IATED SCOPE FOR BASE BID NO. 1. This specification covers;all work necessary to remove and disporse of the Interior and eriterior ask>esias-cantainir~ materialsand debris, PCB-gontainlhg lightbailasts, mercury-corttainingfluoresoert3 light tubes and fixtures, and lead-based paint in poor condition and demolish Buildings #70 at Plant~F?3.locaEed at2901 FruEGand Avenue in Vemon, Califnmia. 2 ABBREVIATED SCOPE FOR BAS£ 61Q N0.2. This sperdficatiortccrrers all work necessary ta'atsate, dismantle, and dispose of the interior and exterior asbestas- wntaining materials associated with the Boiler In Buitding #7.0 at PlanE#231ocated at 2909 Fruitland Avenue in Vemon. California. In addition, Contractan shall dispose or recycle any nori-asbestos materials. 3. The Contractor is to furnish all labor, materials, services, training, insurance, and equipment as needed to complete. abatement and dean-u.p of the regulated building materrais and demolish shuctures, as awarded: Tfm Contractor shall follow all federal, state and kxal ordinances, regulations or rules pertaining to regulated holding materials, including. storage, transportation, and disposal. The Contractor stroll fie€d verify all site conditions and access. The following $re the regulated building materials identified.at the site. Sedion'Ot01p 9 Bureau Veritss PYnjed Nn.3W6&11p87Y5.Ot k f3gfiding. #70: The folbwingasbestos-containing m~erials (ACMy.were identified in the building: FUA a~N - ; ~ 1;5Gdl~oA flsrar~LY 1b 'Aeie HA-'168: 12"x12" bei~~e vJitlt bravm and tan specks Class IIICat I Plaster fuilding 1,07U square feat t[oor Eile and associated yellow or black niasfic (M} HA-171: 12"x12° beige floor the with geometric pattern Glass IIlCat. I Plastics Building 252 square feet and associated yelow merle (M} HA-173: Beige Class tUC.at. II Plastcs Suiiding 2 windows window PlittY {M} NAc174: 12°x12" broHm floor ts7e with dark txown and ACCPAINA Plastics Sodding 3U0 square feet white specks and a~ociated yellow mastic (M) HA-178; Gypsum wallboard and Class IIIRACM Plastics Building 4&8 square feet associated. joint compound {M} FfA-181: 12°x12' red floor BEe. with pattern anC Class IltCat. I Pfastes eullding 276 square feet associated3 yellow mastic (M} HA-163:12°zi Z" tan'and olive floor pass IUCat. I Plastics Buildir~q 128 square feet t~ and elive merle (M} Sad;un 04fl4~ f0 BureauYarMaSProjec[NO.34W8-0U8725~.a1 N - elm ~ ~ l~itaulgttr FIR-188. Srlver material on bricks Glass IIlRACM Boiler Rmm 1 unit {M) H1~1ti6: Grcut in Class tllCat. II. Baler Room 1 unit between bricks {M) F!A-191: Gray groui and plaster Class IIlCai. II Baler Roam t unit {M}, HA-193: Black Northeast storage flooring materials Class Ii1Gat. I area 72 square feet {M} FIA-165: 92`x12" Northeast stor~6 black floor Lle with area {bop layer- wtrite streaks and Gass IUCat. I above FIH# 23- 121 square feet associated brawn 1?36-31505) mastic (M) FU1-198: Tan Nnor Northeast storage tde_arld associated Class IIlCat. i arm {~Om layer 121 square feet black mastic {M} - HA#.23- 195-31505) HA-197: Marton a~ssociiated beck Class IIlCat I northeast storage 121 square.feet mastic (M} HAr302: Cloth Class ducat: I Boilerroom -baiter 5 askets. boiler gaskeC {M) 9 HA-303: Rolled Roof- up~aer and 180,000 square roofing with silver Class lUCat. I middle feei Pairs (M) HA-304: Roof flashing wiih silver Class IUCat. l Roof- middle 2,500 square feet {M) 5ei~ran oloio_ 11 aureauveriFas Project No.~340Q&Q08725.tl1 Y -:a. NA-305: Fiberglass on rnifed rvoofmg Class IUCat. I Roof- midtlie 5,D00 scare feet wRh silver painf {ty1} HA-306: Rolled C~~ II1Cat, I Roof- lower 7,200 square feet roofing (M) HA-307: Roofing CIS II1CaL I Rao! ihrougncu~t 4,000 square'faet mastic {M) The fallowing load-bred paints in poor condition were idendNed in the buildings: Red paint boor- exterior- south {23fl08-LOBS Feed paint Column -warehouse -north (29-011-L11] GreeN It. green/ brou+m paint Stairs - narlheaSt Storage- east of lobby (23-013-L13) Green paint tilfaN -boiler room -south (23D1 d-Lt4) Yellow paint {23015-L15~ Stair railing - rRezzantne - by freight ~ev~ar Tanl orange! brown paint Column- mezzanine - by freight elevator (23-016-L16) Creenl orange paint Ceiii ng beam -warehouse- strove south stairs (23-D17-L17~ Brownl9~Y Paint. Electrreal (23D20-1.20). panel- mezzanine- north Green paint pips _ mezzanine - outside office area (23-022-L22) seawn mmo 12 Bureau WerBas;Pmjed Ho. 340Q6-008725-01 LB!? Ni Poor Cons~Bba 1 White pains Roof braces -rneaanine - outside officB area (23=024L24} The fatlowing merk:ury-containing lighttubes and PCl3containing light ballasts wert'r identified in the building: xm - 2.~$gt Light Tutees 17q each Ballasts t35 each PCB Transformers-10Kva 75 each PCB Transf'anners-2~Kva 3 each C. PROJEET SEHEDULE. The base laid Scope of Work contained within these Documen#s has a 30-calerWar day perfiom~anee period Rom issuance of notice to proceed Including submittal perrod, site work, and ck?se-put docum~tatioa The 3¢heduie can only be modifEetl by change artier as rrequired by the General Conditions. D. SAFETY AND SECURITS'_ During sitework the Contractor shall twice steps to provide prot$cticn fo oUrer site workers.and ~isitars. The Conlrador shall secure aft access to the site throughout the day ancE at the end erf:rtach Work shift lncudirg, tart not Ilfnitled to locking all doors, scouring. windows and other openings, and sacurtng gate access. The Contractor shall provide and instals plywood or equivalerrt barricades for security on any openings result(ng 6om the wodc. After the ~mpletion of all work incuding irnal cearances, the ContraQor shall secure access to the buildings and provide proof to the: Owner of the security measures in the farm of a walk-through coordinat®d by ih6 Contractor.. E. ASBESTOS SURVEY REPORT. A rererd regulated building materials sunreyWas conducted by Bureau Veritas North America,. inc. A copy.ofths final report will Ix3 provided lathe bidders prior to bid. F. FLOORING NOTE: Where an asbestos-containing flooring and roofing material is indicated for removal, aN layers of flooring and roofing shall be removed at the submitted btd price far the work area without extra compensafion to the Contractor. G. Certain building materials are known or suspected #o be coated with or contain lead-cxsntaining paints. These materiels incude, but are not limited ia, painted or coated surfaces [including interior and exterior walls, ceHings, moldings, windows,. doors, doorframes, painted bride, and structural beams and roiumns}. AltheugiL bead based paint in poor condition shall be removed poor to demolition, abatement and interior demolition operations may disturb lead-containing Se~iort Q~ot4 13 Bureau Veritas Prgau Ne. 34Q~8-OOBP2fiA1 T fauilding n~erials.and result in worker exposure to lead. The Contfector shall perform all work impacting irtad in accordance with aA applicable regulations. M. SALVAGE RIGHTS: The Ccntractar steal! have sahrage rights to E~uilding materials, L 51TE ACCESS. The Owner-will coordinate site access vvitil the Contractor_The Owner witl provide an adequate [ay-down area fora 44 Guhic yarcY closed top dumpster and company vehide. J. SITE UTILITIES: Thesite has power and water than the contractor may utilize existing services only- The Contractor shall be responsible fear necessary temporary utiltiies rteedad #o complete ttre work. END OF SECTION Se~tiun 81490 14 Hursau Verites PmjectNa:34W8.068725:01 3ECT1ON 013x0 &UBMITTALS PART1-GENERAL t.1 SCOPE OF WORK: A. Carttractor shall provide iwo bound secs ~ cromplete submittals as indicated below for review by the Ownet's Rs;presentative and Owner at the pre-construction meeting. Following receipt of review oomrnents from the Ovimer and CAn+ner's Representative, Contractor shall submit iwo (~k additional sets of the revised submittals to the Owner and Owners Representative. Mn work ttin71 be permitted prior to submittals being accepted bythe Owner's Representative. AI1ow flue (8) days. for review. H. All submitkals shall gear the contract name and number, the date of submission, reference to the speciflcation section to which 1fie submittal applies, the nahrre of the submittal and the Cantrador's signature. C. The ?re-Work subrrwttal package shall be submitted in accordance with this section. Original shad be provided in three=ring binder. Tab and title each section of the submittal., in the order specified herein. identify eac~r tab by narrn and reference the specificagon section, paragraph number, and subparagraph in a Table of Contents at the beginning of the submittal package. General: Except for submittals for the: rewrd and similar purposes, where action and rietum on submittals is required or requested the Owners Representative will review each stabrriittai, mark with appropriate: Action," and where possible return within a reasonable lime of receipt. 1.2 LEAD CONTROLS A. 5utunr~ a written lead CompGahce Program a! the pre-construction meeting that is specific to the job site prior bo any work disturbing lead-contairr'vig paints, The Compliance Program must irtriude: 7. A description of each activity in which Egad i$ expected to be dsturbed; a.g„ equipment used, material Involved, engineering controls, crew sr~e, employee job responsibi6tles, etc. 2: Lead Health and' Safety.Orgartizadonxnd Responsibilities 3. Expceure Monitoring far Load 4. Engineering and administrative.contrdts, HEPA vacuum, eiean-up procedures 5. Respiratory Protection Program fi. Protective work doming antl equipment 7. Hygiene facilities and practices section olsao 14 Bur~u Veritas Project No. 340W-0U8925'.01 yr 8. Housekeeping 9. Medical surveillance program, including worker blood-lead level and appropriate worker not~Ytcatlon procedures 10. !]acarrtamination procedures. 11. Employee irNormation and training procedures 72. Rrodud l]ata: Submit manufac{urer's pn~dud information for Bch component used, including NIOSH and MSHA Certi#ications for each component in an assembly andlor for entire assembly 13. Record keeping 14. Submit material safety data sheets (MSDSS.) for any d~emical products to be used on the site 15. Submit lead training certifications for supervisors: and employees 1.3 ASBE5TO5-CONTAINING MATEI2UILS R. Submit the tollowingat the pre~cxirrstruction meeting: 1) Detailed work plan including projec# sequencing, work meitrods and procedures, fatl protedton plan, deconfaminalion procedures and locations,. and equipment; 2) Documented evidence to perform asbestos-related work by the GaGfomia ~rOrdraCtOnr' State license BOard; 3) Documented evidence of the certificate of registration witli ROSH to perform asbestos-related work; 4) Decurciented evidence that all Contrador's personnel who perform arty work on this project have written medical approval to work with asbestos while wearing a respirator in axcrdanoe with OSHA 1910.134 and era medically fit to work with asbestos-containing materials per 29 CFR 1tf2ff.1101 and Califiamia Occupational Safety and Health Administration (CallOSHA) Asbestos Standard T'~ge 8 CCR Section 1529; 5} Documented evidence that all Contractor's personnel who perform work on this project have been fit tested far a respirator and properFjr trained nn respirator use as required lay OSHA 29 CFR 1910.1.34 and CaIIOSHA Asbestos Standard litla 8 CCR Section 1529 and Section 5744; Documented evidence of training of ail workers required by CatIDSHA and applicable siate.and local regulations, and this specification 7) Permits, licenses and nQt'~fiCations requires to do the work. Cvntractar is required to sutturrit drsf# permits, licenses,.and na0firations.to the Owner's Representative for renew and commerrt at least two (2) days prier to submittal to regulatory .agencies; 5ecti0n 013011 i5 Bureau Yer3{as Piajed Na. 34008-W8725.U1 YY M 8) Copies of all submittals and notifications to city, county, stabs and federal agencies, if applicable; 9} Respiratory Protection (Basis for determination); i d) Waste management procedures to be used (include waste cantai.nel~s, landfill, paperwork etc.); and i i j If the Contractor proposes to u~ a material containing a chemical with an exposure limit-established by Ca110SHA, submit a worker monitoring protocol acoBptabte to the industrial hygiene consultant; 12) I:ertrficates of Insurance. B. The following informatan must be suklntittetl o_n a daily basis prior Eo the start of the rtexl work shift 1. Log-in,, log~aut form maintained by the Asbestos Supervisor. 2. Waste dfspmsal manifests, daily field reports, air monitoring results, employee daily sign-in sheets, and weekly safety rr~eting minutes. C. Post-J~ Submittals sh~l be delivered to the dwner's Representative within frfteen (1 s~ days of substantial compleEion of work and shay include the following. Owner will oat authorize final payment until all post job submittals have been submrhed and approved: 1. Certification: Provide vrritten certification from the Contractor's Project Manager that Contractor has sully inspected the work area and completed work in s4rict accordance with the "5peafic~ions", 2. Air MoniForing: Submit docrrErtentativn of "all employee personal av monitoring results relative to OSHA regpifatory protedtan level compliance. lndude copies of all air monitoring data sheets, chairwf-custody documentation and arralytl~l reports for sampling conducted at the site. 3. Project Record documents: Provide records including documentation of all contract changes and copies of work site entry log books, safety logs, sign-in meets, and supervisor dairy field FQpartS. 4. bisposal Manifests: Submit espies of al asbestos waste disposal transportation and dispose! manifests inGudtng signed receipts from the landfill, and chain-of-custody. 1.k PCB-CONTAINING LIGHT BALLASTS A. The following information shall be submitted by the" Contractor to the Owner and Owner`s Representative at the pre-constnxtion meeting. Tyre tawner'a Representative.must approve all sutmtittals prior to the commenoement.of work. They areas follows: i. A wrftt~ work plan, which descritses the means and methods, which the'contractor intends to employ to exerxrfe the work and a schedule for all suspect PC8 ballast removal activities. S~c6anb130D 18 aureau ve~tas Projea No. 3+aas-aaeras:ol 2. PCB work shall trF: perftarmed by OSHA 46-imur trained tiAZWQPER personnel 3. Submit coinplese prntlutt information including applicable pnxlutt di3ta of the type of waste disposal containers to la3 used. 4. Submit the name ofi the proeosed Transfer., Storage and 4isposal Facility (TSDF}where the ballasts are to be disposed. B. Post-Job Submittals Shall be delivered tE1 the Owner's RepreserstatlVe within fifteen (15} days of substantial rxxnptetion of work and shall include the following: 1. 4ispasal Manifests: Submit Copies of all PGB ballastwaste disposal/necytle transportation and dispasallrecycle manifests tnduding signed receipts from the TSD.F, and chain-ofi:ustndy. 1.5 ME'FtGWRY-0pNTA1NING ELEt;'TRICAL GOMPONfNT8 A. The following information shall be bUbrrtittetl by the COntrdttor fo the.Owner arad Owner's Representative at tfie pre-cortstrucs+on mee#ing. The Owner's Represi:ntatfve.must apptovaall sutrmtttals pnorto the oommertcement of work. They are as follows: 1. A written work plan, which describesthe• means and methods, which the contrattpr inten+is to employ to execute the work and a sd~dule for alt mercury elecfrical cpmponerrt removal activfffes. 2. Complete product infomiatian including applicable product data of the type of waste disposal containers to be used. 3. Name of the p?oposed Transfer, Storage. and 1Jispasal Fadtity (TSDF} where the mercury components are to be recycled. s. Post-Job Submittals shall >x delivered to the Owner's Representative within fifteen {15} days of substantial completion of work and strap inducts the following: 1. Recyrding Manifests: Submit tollias of ail mercury waste transportation end recycle manifests inrJuding signed receipts from the TSDF and ~rairwf-custody. , 1.6 OTFtEft SUBMITTALS FOR PROJECT CLOSEOUT R. When the following are specified in individual sections, submR them at prgjeat closeout: 1. Project record douumenls. 2. WananUes. 3; Bonds. 4. Gertifirate of Occupancy. 5. Completed and signed permits and inspet~an reports. section atsao 17 Buoeau Varilas PmjeetNac 34G9s3-60S725.a7 S. Other items as indicated in the general conditions or speciflcat[an. ENQ OF SECTION i Sadlan U'13HU t8 BurBauNeiiEas Prajpd Nv. 34dOB~008735.0t y M sl=_cTtoN c2ais LEAD CUHTROL PROCEDURES PART1-GENERAL 1.1 SCOPE A. Certain building materials are known or suspec6ed to be coated with or contain lead-based }xaints. These materials indude, butare rxrt lirnited to painted or coated surfaces (including walls, ceilings, moldings, windows, Boars, doorframes, and structural beams and columns}. l7emofifion operations may disturb lead-corrtainirbg tauiiding n~atarials and result in worker exposure to Isad. This specification section addresses work practices and procedures to tie followed daring removal and disposal pf the demolifiert debris. Thls secton assumes that the stabilization of lead- based painE {LBP} is performer prior to building demolition as identified in Section 13281. B. Contractors shall take necessary preputions to prevent ar minimize the release of lead in the form of dust, fumes or mists from lead-containing building materials into the air or onto. surrounding environments. Contractors shall inform all workers and supervisory personnel who wiA be at the job site of the potential hazards of lead and of necessary precautions ahd housekeeping procedures to reduce the potenttal forexposure in areas where lead is known ~ suspected to be present. G. Contractors shall be fully responsible for compliance with Federal Occupational Safety and Health Administration {FeaYOSHA} standard corUained in TRIe 29, Code of Feiteral Regulations, Part 1926,62,. Lead. The r~ulafiorts have established requirements, including personal air rnanitpring, whenever any information, observation, or ~iculatan indicafes potential employee exposure to lead. ff 8-hour time-waghted average.~TWA) e~osures exe~d the action level of 3fl micrograms bf lead per cubic metier of air (mglm Contracture must continue to conduct periodic air monitoring at specified ir>fervals, and institute medical surveillance and comprehensive training programs: If the OS.yA 8-fwurTWA permissible exposure limit {PELj. of 5fl mg7m3 for lead is exceedod, more stringent and additional requirements become etfedive; such as engineering corrtrds, respiratory protection, regulated work areas and war'raing signs (n lead waHr areas. 1.2 RELATP_D I~CUMENT3 Drawings and general provisions of Contract, irx~uding but not limited to, General and Supplementary Conditions and other Specification sections,, apply towork of this Section. 1.3 INORKt:R PROTECTION A. For all work on painted building camganertLs in this project, Contractors shall provide, at a minimum, the following for employees per OSHA 29 CFR 1962.62: 1. Respiratory protection. semen 0245 7$ Bureau Varilas Projsd No. 3400&008725.07 2. fsratectivedothing. 3. CEean change areas. 4. Clan hand washingiadlifies. 5. BIoI.oglcal monitoring to cart~st of blood sampling and analysis for lead and zinc protaparphyret levels. 6. Hazard camrnunieation training. B. Priarto startofthejob Contractor shelf establish and implement a written compliance program to achieve compliance witft t7SHA 29 CFR 1862.62. 1.4 CONTRACTDR INFDRNlATION Eacdf Contractor working 9n lead-containing paint surfaces is required to pecfamt the work in accordance vriftr OSHA 29 CFR 1962.52. 1,6 DEFINITIDNS RELEYaNT TO LEAD PAINT A. Action Level: Employee. exposure to an airborne concentration to lead gF.3p micrograms per cubic meter of air (3Q uglm3a calculated as an eight (8}haur tune-~uueighted average (f WA}. B. Breathing Pane: A fremisphere forward of tijhe shoulders with a radius of approximatey six (6) .fo nine (9} indtes_ C. DemotNan_ The wrecking or taking out of any building component, system, finish or assembly of s facility together with' any related handling operaflons. D. Health and Safety Officer. The health and safety officer shelf be an individual capable of identtTying hazardous or dangerous conddions. The individual shall have experienr?e in the consfruetion industry, formal training and experience in safety acrd health. Such fennel training shall include at a minimum, completion of a lead awareness course. E. Industrial Hygienist: Industrial hygienists shall have the folowing qualifications: current certiircation by the:American Board of Industrral Hygiene with field and sampling experience in the construction industry; or hold a Master's degree from an acxredited college or university in the field of biological sciences, chemistry, engineering, the environmental sciences, irdustrial hygiene, physics, tOxlCdOgjf ar a related tieid and have at least two (2) years of full-time experience as an industrial hygienist, including field and sampling experience in the construction irxfustiy; or hold a Badtetor's degree in the field of biological scienr~s, chemistry, engineering, the env'sunmental sciences; industrial hygiene, Physics. toxicology. or a related field and have ~ Least three years of~experience as err Industrial hygient9t, including Geld artd sampling experience in the construction industry. F. Permissible Exposure Level (PF.L): F~nplayat shall assure chat no employes is exposed to lead at Concentrations greater than fifty micrograms per cubic meter of air (5t} uglm~ calculated as an tight (8)-hourtime-weighted average (f WA}, Sepigc102075 20 6tueeu Ver3tls ProjoGt No_ 3106&908725.41 G. Time Weighted Average (TINA); The average• exposure to a corrtaminarrt in air during a.speoific time period, usually eight hours. 1.6 fiEtJlTEt] DOCt1MENTS A. Contractors shall oomply with the requirements of ttie Lead in Construction Standard OSHA Lead in Constriction Standard (2g CFR 1428.62) of the U.S: Oecupati©nal Saleiy and Health Admiriistiration {OSHA) and any other applicable federal or state laws. 8: Other StalelLocal Requirements: Ct7ntractor shall comply with ageneles that govern leed- containing paink worn or hauGrig. and disposal of w8ste.materials_ f Title CCF;, Section 1,532.1 Lead, Subchapter 4, Construction Safety Orders, Article a. Rusts, Fumes, KAists, Vapors, and Qases 2. Title 17, CGR, 3Spp1 California l7eparfinent of Puhlic Health, l)epartmenk of Health SerVICBS 3. US EAA Region I!I 1.7 A!R MDM1TDRlNG A. All air monitoring and analysis mustlKj performed in accordance with NIOSH approved methods. B. All air monitoring and analysis will be subject td the approval of the Owner's faepreserltadve. C. The Owner ~ the Owner'; Representative aooap#s no responsibility for CanEractior's employee monitoring and is held harmless from any legs! action taken as result of the monitoring.. D. Contractors shall perform employee lead exposure monitoring to determine if any employer: is exposed to lead at or above the actor level. E_ Contractors shall collect personal samples that are repraserr#ative of a full work shift induding of least one sample for each job c~ssific~ian in each work area for each shift, or for tfra shift with thefiighest exposure Pavel. f. Full sh'rft personal samples shall he representative of the monitored employee's regular, daily exposure to lead. G. Corrtractors may use data from past proJec~ within the past 12 months during work operations conducted underworkpleos conditions similar to this project: H. Worker exposure samples shall be collected in the breathing woes of workers perton'rririg (asks impacting LBP in sufficient numbers to pemlit estimation of peak and TWA exposures. I.. At a minimum, et least oile sample for earJ1 job dassification on worker with. highest exposure potential is required in each work area, per 8 Flour shift. J. Submit air sample resuNS on a weekly bads to the Owner's Representative. Air Mautitoring Frequency Seetian 02075 a1 Bureau Veritss Pmjecf No. 34008-00&725.01 7. Less than the OSHA action Tavel No further manitaririg required unless change of equipment, or riyethgd pecsonr?el occurs. 2. At ar above the OSHA action level, but tress than the PEL: Monitor ~ least every six months, until two results, tolleded at least 7 days apart, are' below the action level. 3. Greater than arequal to the PEL: Monitor at least every three months, unto two results; collected at least 7 days apart, are fye#xAr the PEL. L Notify Orommeds Representative of employee exposure to lead at or above the OSHA action level of 30 ug/rrt~gf air outside the lead confral area. M• Monitoring and analysis shall have an accuracy of not less than 2590 for airborne ~ncentrations of lead equal to crgreater than 30 uglm3. 1.B MEptGAL, SURVEILLANCE A. Contractdrs shall institute medical swrveillance in accordance with the Lead Standard. B. All medical procedures required by this program shall be provided by the Gar~trattor at no cost to the employee. G. Medical surveillance. does not rapists exposure monitoring, rather it is a method of verifying that workers are not being adversely impacted by lead despite low airborne contentraGans. Results from any medical testing shall ba submitted to the i3wner's Representative. D. The rRedical surveillances pvngram must be overseen by a liaansed physician. I# is recommended that an occupational physician, board certiCred by the Ame?itan Board of Preveritive Medicine, oversee the medipl surveillance program. 1.9 YYORKER EXPOSURE ASSESSMENT A. The employershall noGfyeach employee In wrait~r of thelrtNOlogital monitoring results urittrin 5 working days of receipt of Such results. Empfoyeea with blood-lead levels greater than ~ Ng7dl shall lye nat'died of their right to medical removal prrRettion when their hlnocl-lead levels exceed the criterion defined in the kkerim Lead Standard. Tha standard requires that txological marilthring occur et the #ollawing frequency: 1. At least every tyro rnartths for the first six months and .every six months fliereafter. 2. At feast every iwo months ior.thage workers whose fast b1oQd-lead level was at or above 4Q Ngldl until turn consecutive blood samples indltate a 61oad-lead level hetauv 40 Ngfdl, and 3. At leasfmnnthly for any worker who is removed from exposure to lead due to an elevated b3opd-lead level. Section 02075 22 9ureau Verilas Prajeet No_ 3~40A8-008725.01 4. An incfease of 10 Ngldl from one test: to another shall trigger a wont site evaluation by the health end safety officer and the industrial hygienist to identity problem areas and implement appropriate corrtral measures that effectively.redure. blood-lead levels to less than 2~ µgldl_ 3. It at any time during testing,-a blood-lei level of 40 µgldl or greater is detected, the emp~yee shall be examined by the occupational haafkh .physician. Such an employee shall have. blood-lead tests at a frequency of every two weeks until love consecutive tests indir',~te Wood-lead levels equal to or below 30 ~gldl. 8. Certified copies of all blood-lead level result Shall be submitted to the Ownsr'S Re~esertFative no later than five days after receipt. 7'. A medical exam must be made available at feast annually to any worker far whom a blood-lead sample was found to beat or above 40 µgidl during the preceding 12 morrihs. B. Air morritonng. Personal air monitoring ~ one means of assessing worker exposure to lead dust and fumes. In general, air monitoring is conducted in orderto detemfine the range. of tread concentrations to which workers are potarrtiaily exposed when performing dffferenttasks andfor to measure the afficagr Of cnnfrals in teduang airbnme conoentratlansef lead: C. Woricers must receive notification of results within five workerg days after completion orthe assessment. U4hen exposures are greater than the PEL, employers must provide written notice to workers as to how tttey plan to reduce exposures. D. Cotlect multiple randomly ootlected air samples over time for each jab dassficaticn. 1. For the purposes otdevising etfeetivs con#rol strategies farthe prevention of elevated blood-Read levels. 2. To #tarar2erize work tasks and areas to which workers with elevated Wood-lead levels can be.assagned to reduce tfreir exposure to airdome lead particu0ate. 3. To assess exposures during work tasks where increases fn bfocxi-lead test results irrdirate a problem. d. To assess any orange in operatiorrs'or procedures that may affect exposure levels. 5. Ta determine effec~iveness.:af engineering controls. B. To assist in the selection of respiratory protection. E. Provide initial tilaod-lead moriitaring for atl workers who vkiB fx~: required to enter into the lead work area. F, Contractors sha11 ensure that all physicians raorrducting blood monitirring shatl have all samples analyzed by an OSHA approved tab that has demonstratetl proficiency in bloodaead analysis- . sscsorr ozoas zi Bureau Varitas Pre}ed No. 34pOB-lkr$'Y25.Q1 1.10 WORt~R TRAININ~S P;. Train all workers about Ure dangers inherent in handling lead-containing paint and breathing lead dust and in proper work procedures and personal antl area proteCbve measures in accordance with 39 CFfd 1926.53. B. Training shall include the fallowing information: 1. The:prspose, propersefection,.fitting, use; and limif;a6vns of respirators.. 2. The purpose and desaipUom aF medical surveil~mce and medfrat removal protection indutlin~ the health etfecls of Isad. 3. Engineering controls and work practices associated with the employee's job assignment including training~oh work practices that reduce lead exposure. 4. Medical surveillance. 5. The sources of potential feed exposure associated with specifrrr tasks. 6. Wok which could generate lead to aitbome levets above the action level. 7. House keeping and engineering controls to keep low airborne level tow. Empbyee's rightto a Copy ofthe standard and its appendices. 9. The conteras of the Compliance Program. 10. Imstruccfiions that chelatlng agents should rrever be used except under the direcfion of a liCBnsed priysic~n and never as a routine method of remoting lead from the body. 11. The right of employees and their designated representatives to exposure and medical retards in a timely manner. 1.11 QUALITY As~tJRANCE A. Health and 5ataty Officer. 1. Contractors shell desigraa#e a health and safety officer, not the project superihtendeht, to ensure that the cormpliance program is implememted on a daily l1~is and that all work wnducted on site is in compliance wrih the compliance program. 2. The tiealtti and safety officer wdl be responsible for maintaining a lag of ail personnel entering work areas wail potential lead exposures. Tt1e log shall include the name and social security mumber of the individual, tl4e date, file time at which. they enter and leave the area, the tasWob being perforrned and exposure monitoCing dat8; if any has been collected. 3. Qeuelap and averse the Implementation of a respIratary protection progrem. SedioJt 42Q75 2A t3y1re8Y Veritas Project fdo. 34006-QQ67Z5.01 Y 4. Review blood-lead monitoring results as necessary with the physician in order to assess, the efficacy of ooritrals, .(Placement of worriers with,alevated blood-lead levels should be based en col~baration of the industrial hygienists, health and safety officer, jhysician and contractor}. 5. Develop and conduct a sampling strategy that includes personal air monitoring. 6. The health and safely officer must be on site at least once a week during activities which have been associated with or can reasonably be expected to create lead exposures in excess of 30 Nglma. 7. The health and safety officer will ke on site more.frequently at the start of the project or when site conditions orwork practices change un€il exposure mon]tt~ring indicates that exposures are being effeCtivegr controlled. An elevation greater than 1 q trgldl in wgrker blood-lead levels uvitl prompt mono frequent site visits by ihe'industrial hygienists until corrective measures have successtully reduced blood-lead levels. 8. All information cglleeted tsy the Health and Safety Officer shalt be submitted to the Owner's Representative for review. 1.12 RESPIRATORY Pf~OTECTION P[]R WORK A. Tasks and the presumed exposures which must be controlled for areas fotiows: 1. Piatectian must be based on exposures between 50 µglm3 and 50t) Ngtrrr3: Where lead.coatings or paint are present and the following tasks are oeauring: manual demolition of slrurha'es, manual scraping, manual. sanding, treat gun applications, power tool cleaning wfih dust collection systems: 2. Proteaion rr~st be based on exposures greater than 50q pglm3 when: a. using Eead-containing mortar b. lead homing 3. Prote~ian must be based an exposures gr~tet than 2500 NgJmJ where.lead-containing .coatings or paint are present and the fdlawirg tasks are being performed: a. Abrasive blasting b. Welding c. GutSng and torch homing 1.13 RESRIIRATORY PROTECTION PROGR/kIN A. Contractor shall implement a respiratory protection program in accordarwe with the provision of OSHA, Sediun Q2V}75 25 Bureau verNas Project No. S4W8;008725.01 B. The minimum riesPira#ory protective equipment shall be selected based upon the task that a worker performs as speafied im 29 CFR 192t3.62(f), Respiratory. Protection. C. Ctsrttractar must supply workers v+ifhh respir8tors that are NI~SH and MSHA certified at no expense tothe-worker. D. F.xeept to the extent That more stringent requirements are written directly into the Contract Dxumerrts, the foAowing regula#ians and standards. have the same fiance and effect {and are made a part of the Contract Dora,rments by reference) as if eopled directly lMo the Contract Doaumemts, or as if published copies were bound herewith. Where there is a conflict in r®quirements set fortlt in these regutatioms and standards, meet the more stringent requirement. 1. CGA -Compressed Gas Assotyation, lnc:,1~ York, Pamphlet G-7, "Compressed Air for Humeri Respiration", and Specification G-7.1 "Commodity$pecification for Air". 2. ANSI - American National Standard Practices for Respiratory Protection, ANuI 7_Bt3.2- 1960. 3. MSA -Mine safsty.amd lieal#h Administration, PART2-PRODUCTS 2.1 PROTECTIVE CL'QTHINt'a A. Provide the fallovring: 1. Prefedive ebtlvng and equipment with pravisiar~ for cleaning therm in accordance with 28 CFR 1526=62i~), Personal Protective Clothing and Equipment. ~ Clean work rJOfhea must be provided at least weekly to ap'employeee whose exposure levels are above the PEL and daily to these above Z00 Nglm3. 4 Replace or repair damaged protective clothing and equipment. 5. Protective Clothbtg and equipment must be removed at the Compietian a# a work slit$ only in change areas provided for that purpose. Contamima#ed clothing is to be cleaned, fatmdered, or disposed of as lead-contaminated waste. 7. Da not remove lead from protective do#hing or equipment by any means that vrill put lead irrto the wprk area, such as brushing, Shaking, blowirxl, or using a regular vacuum cleaner. 8: Do not war outer pri~tect#ve Gothing outside of the work eras. 9. Workers shall be aklowed sutt7Gent prefab preparation tirno to change into proteotive clothing and suffictenfdean-up 6maas part of the work ~ay- S~tltxr D2075 28 ®ureau Weriras arojed No: 390p&OOil726AS T 2.2 AIR PtJRtt•-YING RESPIRATORS A. Filter Cartridges: Provide, at a minimum, HEPA type flRers labeled with NIOSi-i and MSHA CeAification for "Radionuclides, Redon Daughters,. dust, Fumes, Mists including Asbestos- Corttaining Dusts and Mists° and Cotor aided in acrordanac with ANSI Zt3t1.2 (19t30). In addition, a chemical cartridge section may be added, if required, for solvema, etc., in use_ In this.rzse, provide cartridj~ that have each section of the carmbinatian canister labeled with the appropriate color czrde and NIOSHlMSMA Certficafion. 9. Non-permitted respirators: Do not use single use; disposable ar quarter face respirators. PART 3 - IJCECUTION 3:1 GEi~ll*RAI. A. Each Contractor working an lead-containing pairrted sutiaces shall take necessary precautions t0 prevent or minimize., the r~ease of lead in the form of dust, fumes ar mists from lead- containing btdldng materiais into ttte air ar orrta.surrounding environments. Contractors shall inform all workers and supervisory personnel wha.will beat the job site of the potential hazards of lean and of necessary precautions and housekeeping procedures #a reduce the patent~l far exposure in areas where lead is knovm rx suspected to be present. B. Each Contractor wixtdng on toad-carrtaining painted- surfaces sh811 be fully r2Spansible icr compliance with the Federal O+x:upatfonal Safety and Health Administration (Fed1OSHA) standard contained In Title 29, Code Df Federal Regulagons, Part 1926.62, Lead. 3.2 RESPIRATORY PRdTECTiON A. Respiratory Protection Program: Comply with ANSI 288.2 - 1980, "Practices for Respiratory Protection" and OSHA. B. Require that a respirator be.wom by anyone in a work area during a pedad that starts with any operation which could cause disturbance of lead and until Lead wr~ntrablon levels for 8 horn TWA are below the PEL for each activity, or unfit the work. area is deaned'and Lead rested work is complete. C.. Ib not allow the use of sir~gle-use, disposable,. ar quarhx-face resj7iratars for any purpose. D. Psrforrn at least qualitative tit-testing an aN negative-pressure haff~irmsk respire#ors eveiy twelve (t2) months. A quantitative fiE test must be provided every twehre {12) months for any type respirator. 'f. Upon Earn wearing: Require that each time an air-purifying respirator is put ort, it be .checked for fit with a positive. and negative pressure fit check in accadar>rz with qie manufat~urer's instructiorrs or AN51 288.2 {1980}. SacUw[02075 27 Buredu Verifas Project No..3gdf#B-0Q8725.01 uv 3.3 NYtalEt~tE FACILITIE5 AND PRACTICES A. Hygiene Faoilldes. Wash down mush be.equipped with hot and saki water. Use washdawn at vompfetion of each sttlft of work'and at break times through ~ shift. B. Shower Fasllily is required where exposure is 5D {aglrrr3 or greater, C. Provide a Bean area for eating, drinking, and smolting. 3.4. PBWERTOQLS ,All power tools used for paint removal shall be equipped with vacuum shrouds whidr cepWre fine dust at the point and time of generation, and transport the dust to collection systems equipped with high etficiency particulate air filters. (WEPAj. HEPA fiRered vacuums and tools: Submit manufacturer's certification that HEPA fikered equipment conforms to ANSI Z9.2. 3.5 HbUSEICEEPING A. Maintain surfaces as free•as pra~cal of accumulations of paint and construction Cebris with pain. t3. Clean floors and surfaces at end of each wodc shift. Use I1EPA vacuum and wet cleaning methods, C. Da not use tlry or wet sweep,.shovel, or brush except where vacuuming ar other method have been tried end do not work. 3.fi DISPOSAL A. Conractors ~a[I o5ntact the. regional EPA, State, and Iohal authoriNss to determine lead- contaminated debris dlspasal requirements, The requirements of the Resource Conservation and Racaveryr Aid (RCRA).and IEPA requirements shall be camel""red wfih. B. The Owner's representative collected representative anticipated waste stream samples to determine.ifpainted cbmponenfs are regulated under RCRA, 40 CFR Part 261, The representative samples indicate fhat the anticipated waste streams from the building are not considered a hazardous waste acsar~ng to RGRA: The anticipated waste stream samples were analyzed and are not considered a hazardous waste using the Texlciry Characterislte Leaching. Procer~re (TCLP) for determining fi a lead contaminated material is hovered urger RCRA. If the TGLP determines that the lead concerttratlon is 5 parts,per million (5 ppmy or greater, the waste is regulated fey FtCRA and iEPA, C. Contractors shall conduct atlditbnal testing of representative wastes ~ detemine if materials are regulated wnder RCRA, AU GFR Part 26t. Contractors shall use the Toxiri#y Charac6eristic Leaching Procedure (rCLI?) to determine if a lead car~arfrinated material Is covered under RCRA. I# the TCLP detemrines that the lead concentration is 5 parts per milion (5 ppin) or greaser, the waste is regulated by RCRA and IEPA. The Owner may also take and anaiyxe. samples. D. Contractors shall dispose ofnon-hazardous solid waste (as determined by testing] as follows: $eetian 02U78 28 Bureau Ver'tlas Proje~d No. 34008.O.ti872gA1 i 1. Solid waste which has been evaluated and determined not to be hazardous can be disposed of in a CD landfifi. 2. Ulraste shall Ue transported to a IaneEfrtl in covered vehicles. Residential or commercial trash cogectiort services shall not be used without approval .oF State or local authorities. 3. If Contractors subcordract the removing of lead-cont•~ning waste: Contractors shall ensure that the company removing the waste material adequately covers all loads to ensure that no dust ar debris is released. The subcontractor shall be informed by Contractors ofthe presence o4 lead. E. Contractors fall dispose of hazardous solid waste {as determined by testing or presumptions} as follows; 1. Contractors will complk with EPA and COT regulations for containers. carrtractors shall contact the ataEe end local authorities to determine fhelr criteria for cor~ainers. The more stringent regulation stroll apply 2. If Cantraetors one not certified hazardous waste transpnrfers, a contract shall be entered into with a certified transporter to move the wastie. Cond,ractors shall require'the certified hazardous waste transport to follow RCRA tegulatron. 3. DOT class 9 shipping Refs shelf be applied to or be printed on each packaging of iead- contaminated materials which is being shipped by air, exceeds 6ti pounds {3a KG}, or smaller Out does not have inner packaging up ta' 11 pounds {5 kg} each in the strong outer packaging. 4. Temporary storage of sealed double containers of l.f3P-waste outside the de~rrtammetion endosure. After the seated double can#ainers have been passed out of the decont$minatlon enobsure or the oantainmertC battler, they stroll immediately be placed in a cart approved by the Cywner. When a sufficient number of containers have accumulated, and na more Phan 15 minutes after boding the first container pitta the cart: the cart shag betaken to a specified transportalbn vehicle or a desigliated ttobing area and the eontalners shalt be pfaced.thereln. F_ach vehiGrtransporting lead-corrtaminatad waste shalt be marked with LBP danger signs during loading and unloading of the waste. F. Hazardous waste manifests: 1. Upon submitting the hazardous waste mantte°3ts #or a shipment af~ead-containing waste to the. owner for signature, Contractors sf~ll make available the ttaztsport.vehiceend Ehe lead~ontaminated waste packages for inspection by the Owner's Repre~ntative act that the Owner's Representative can check f~ significant distxepandes in the amount of waste {for example, number of bags or drums, or volume of waste) and its condi5on {for example, whether the bags or drums appear b be sealed and. not leaking). 2, Hazardous waste manifeus signed by the Ouvner, Contractors, and ttt$ irrtial transporter Shall be provided to the Owner when lead~oniaminated wastes are ren~ved from the fap'li[y property. 3. Completed waste manifestos) signed by Contracrors, al vansporter{s), transferors}, disposal arrdfor conversion facility("lee), shall be proukled to the Owner's Representative Sectiw102a73 29 ~uteau Vas P[oj6d No. 34006-Q08725.91 within 3U days of the time at which the lead-contaminated wastes are received at the disposal (acitity(ies), which shall 6e na longer than 4ci days after the waste was accepted by the initial transpaR. hla payment request applica#ion will be processeii without the submittal of the above irdorrnation tv the Owner's Representative: to Gontraetors shall: 1. Rroperly transport, treat,. store,'and dispose lead-contaminated u2s#e and other hazardous wastes generated It1 acoorriance with the oortraet and al[ applicable. regulations. 2. 1Jotify the National fiespprbse CenEer [801}-424-88#}2}.pfi the release of a raporta6ie quan#ityy of a hazardous suhstance.genersted En accordance with the contract [4l) CFR 302.4 gable). 902.s (a), [b)). 3: Hold the O-I e~ the Owner`s Ftepresent'ative harmless from arty release or threat of release fol{owing its atiGeptance of any hazardous sut~tanoe generated in accordance with the contract (CERCl.A sections '1(11(24)[B}[ik, f o7[a)(4}, (ti}, (e}). ENQ OF 3fCTlt?N secuam ozws as Bureau Veritas Pmje~et Nb. 3~008.OOt}T~5:01 nr SI:GT'I~ON 13281 LEAD-BASED PAINT ABATEMENT PART 1-GEt~iERAL 1.1 SCOP>r A. Certain. building. materials are known or suspected to be coated with or contain lead-based paint (LBP}. These materials include, but are~not limited to painted: or coated surfaces (including interior and exbsrtor walls, ste@f beams and columns, and ele.~rieal conduit). Prior to demali#ion which may d~rb feed-based mint in poor ~ndition on foe interior and exterior of the buildings; the damaged LBA must be statalized {either removed, or painted over:and sealed) in a manner sufficient bo prevent the release of LBP #o the environment during demo) ition activities.. This speeifisation section addresses work practices and procedures to be followed during abatement of the LBP in pear oondidon. B. Confractars shall take necessary precautions to prevent ar minimize the release of lead in the form of dust, Fumes or mists from lead-carrtaining builtNng materials rntp the air oronbo surrounding environments Contractors shall inform aliworkersand supervisory personnel who -will beat the job site of the patent! hazards of [gad and ofnecessary pr~autions and housekeE+.ping procedures tp reduce the potential for exposure in areas where lead is known Or suspected to be present. C. Contractors shall tae fully responsible for compliance with Federal Occupational Safety and Health Administration {FedlQSHA) standard contained in T'rile 29, Cade of Federal Regulafior~, part 1926.62, Lead. The regulations have estaplisttad requirements, including persatral a#r monitoring, whenever any information, obsenratian, a calculation indicates potential employee eiip~uce to lead. if ~hourtirne weighted averege ) exposures•e~aceed the action level of 30 micrograms of lead per cubic meter crf air {mglml), Cnntraebors must continue to condutt periodic air monitoring at specified intervals; and institute medical surveillange and comprehensive trair>rcig programs. tf the 8hour TWA permissible exposure limit (PEL) of 50 mglm3 far lead is.exceeded, more stringent and additional requirements tx3coms eiFective, such as engineering controls, respiratory protection, regulated vrork areas and warning signs in lead work areas: 1.2 RFI.J[TED DOCUMENTS Drawings and general provisions of Corrtract, indixting but not limited tn, General and Supplementary Conditions and o#her Speaficatian sections, apply to work of this section. 1.3 WORKER PROTECTION A. Far all work on painted building mtriponerits in this project, Contractors shall provide, at a minimum, the fallowing for employees per 29 CFR 'k926:63, Lead: 1. Respiratory protection. sec8an t3281 31 Bureau Veritas ProperA No. 340(1&(f08725.dt M Z: Protective clothing. 3. Clean change areas. 4. C]ean hand washing faciiittes. 5. Biolagigl rtionitoring to consist of blood sampling and analysis far lead and zinc protoporphyrin levels. 8. Hazard oommunieatlon training, B. Prior tSi start of the job Contractor shall establish and implement a written compliance program to achieve compliance with 28 GFR 1926,62, Lead. 7.d CONTRACTOR INFORMATION Each Contractor woridng on lead-traced paint surfaces is required m perform the work in alxordance with 29 CFRt 9928.82, Lead. 1.5 l3EFlNRIONS REL.EYANT TO LEAD-BASED PAINT A. Action Level: Emjxloyee exposure to an alrbome concentration to lid of 30 micrograms per cuhii: meter ofair (30 ughn~y piculated as an ti-haurdme-weighted average (TWA}. B. Breathing Zone: A hemisphere forward of the shoulders with a radius of approximately 6 to 9 inches. C. t}emolfion_ 'fhe wrecking or taking out of any building component, system, finish or assembly of a tadl'rty together with any related h~dling operations. D. Health and Safety officer. The heaRh and safety officer shall be an individual capatNe of identifying hazardous or dangerous conditions- Tice individual shall have experience in the construction Industry, formal training and experienre in safely and health, S1rch formal trairng shall inclrule at a minimum, completion of a lead awareness course. E: Industrial Hygienist: Industrial hygienists shall have the foElowing ytaalificatians: eurrerd eert'rficaSon by the American Board of Industrial Hygiene with field and sampling experience in the construction industry; or hold a Master's degree from an accredited college ar university in the field of biological srJences, chemistry,. ergineering, the environmental sdenoes, industrial hY91e~e, physics, twdeolo9y, or a related fielii and have.at least two years of futl-time experience as an industreal hygienist, induding.field and sampling expeaerice in the constnudjon industry; or hold a Bachelors degree in the field of biological sciences, chemistry; engineering, the environmental scences, industnel Hygiene, physics, toxicology, or a related field and have at least three years of experience as an industriaihygienist, including field and sampling experience in the cpnstruction industry- F. Lead-based paint: paint containing grea6er than 1.0 mglcm2 or 5,U00 parts per million lead. G. Permissible Farposure Level {PEL}; Employer shall assure that no employee is exposed to lead at concentrations greater than fifty micrograms per cutbe meter cf air (50 trgrrrt~ calculated as an 8 hourfime-vreighted Sverage (TWA). S8CfI0rt t323~1 32 . Bureau Verit~s Project iVp.. 340x8-CiQif725,01 H. Time trVeighted Average (TWAj: The average exposuue to a contaminant in air during a specific time period, usually eight hours 1.fi RELATED DOCUMENTS A. Contractors shall comply with the requirements of the OSHA. Lead in Ganstn.xtion Standard i~ CFR 1928_i32} of the U.S. Ot:wpational Safety and Health Administration (OSHA) and ariy.other appitcable federal ar state laws. B. Other StatelLacal Requirements: Contractor shall comply with agencies that govern lead based paint work or hauling and disposal of ieraste ma#erials: 1. Title 8, CCl2, Section 1532.1 Lead, Subchapter 4, Construebon Safety Orcters, Amide 4. Dusts, Fumes, Mists, Vapors, and Gases 2. True 17, CCR, 35pt)t t;alifomia Departrnent of Public Health, Depattrr~nt of Health Services 3. US EPA Region III i.7 AIR MONITtIRigG A. All air monitoring and analysis must 6e performed in acrArdarree with NIQSH approved methods. B. All air monitoring and analysis will be subject to the approval of the Owner's.Represenfative. C. The Owner ar the Owner's Representative accepts no responsibility for Carrtradors employee monitoring and is held hamtless from any lega6 actiontaken as result of the manitaring. D: Contractors shall perform employee lead exposure monitoring tc determine if any employee. is exposed to lead at or above the action Eave1. E Conbactors shall tolled personal samples that are representative of a toll work shift including at least one sample ftu each job dasslf~catian in each work area for each stuR,. or for the shift with the highest exposure level. F. Full shift personal samples shall be represerdative of ttte monitored employee's regular, tlaily exposure to lead.- G. Contractors m@y Use data from past projects.wittun the past T2 months during work operations rxsnducted under workplace conditions similar in this prajeci H. Worker exposure samples shall he collected in the breathing zones of workers psrforrrpng tasks impacting LHP in suffiaentnumbers to permit estimation afi peals and TWA exposures. I. At a minimum, at least ene sample for eadl job dassification an worker vrith hlghest exposure potential is required in eac~rwork area, per $ hour shift. J. Submit air sample results an a weekly basis to the Owners Representative- K. Air Monitoring Frequency 8agion 33281 33 aireau Verigs Project ko. 3~408-00$725.0~ r i, Less than the OSHA action level Na further monitoring requjred unless change of.equipment, or method personnel occurs. 2. At or above the. OSHA action levy, bout less than the PEL: Monitor at least every six months, until two results, collected at least 7 days apart, are below theacticn level. 3. Greaterthan nr equal to the PEL: Monitor at least every three months, until two results, collected at least 7 days art, ere below the PEL L Nofify Owner's Representative of employee exposure to leas! at or above the OSHA action level of 3f1! uglma of air outside the lead control area. M. Monitorir~ and analysis shall have an aaccuracy of not less #han 25'95 for airborne cdneentrations of lead equal to or greater than 3l} +rglm . 1.8 MEDICAL SURVEILLANCE A: Contractors shat[. institute medlc~ surveillance in ancordance with ttre Lead Standard. B. All medical procedures required by this program shall lia provided by the Contraotiir at no ~stto the employee. C. Medical surveillance does not rejalace expnsura monitoring, rattcer it is a method of verifying that warlsers are not being adversely fnipacfad by lead despite low airborne concentrations, Resufts from any medical testing shall lie submitted io the OwnePS ReprBSerttative, The medical surveillance program must be overseen by a Ccensed physician. It is recommended that an occupational physician, board certified by the American Board of Preventive Medicine; oversee the medical surveillance program. 1,9 VYORKERt~CPOSUREASSESSIY~NT A. The employer shaA notify each employee in writing of their biological monitoring nesolts within 5 working days of receipt of such results: Employees with tilood-lead levels greater than 40 pgrtll shall be notified of theft rightto medipl removal protection when their blood-lead Levels a%r~eed the criterion defined in the Interim Lead Standard. The standard requires that biological mondorirtg occur at the fallowing irequehcy: i. At leas# every two months forthe first slot months and every six months thereafter. 2 At least every two months for those workers whgse last blond-I~d level was at or shove 4t) µgldl until tinro consecutive blood samples indicate a blond-lead Ieve1 below 9D irgldl, 3. At least monthly for any worker wlio is remaued from exposure to lead due to an etevat~ blood•lead level. Secfiea t8281 Bueau 1feritas Project No. 340tJ8-0QB725 41 ~b 4, An irlcrease of t0 µgldl from ene test to another shoo bigger a work site evaluation by the heath and safefy officerand the industrial hyg€en€st to identify problem areas and implement appropriate control measures that effectively reduce blood-lead levels to less than 25 }rgl'd!. 5_ If at any Time durrng testjng, ablood-lead level of 4U ltgtdl or gr~fer is detected, the employee shall be axarn[ned by the oca.rpatianal health physician. Such an employee shall have blood-lead tests at a frequency of every two weeks until two consecufive tests indigte blood-lead levels equal to or tselow 3D NgMI. B: Cer#~ed copies of all blood-lead level results shall tie submiEted to the Owner's Representative no later than five days after receipt. 7. .A medical exam must be made available at least annually to any worker for whom a blood-lead sample was found to be at or above 40 }lgldl during the preceding 12 months. B. Alr monitoring. Personal airman€loring ~ one means of assessing worker exposure to lead dust and fumes. In general, air monitoring is wnducted in order to determinethe range.of lead aoncentrationslo which workers.are potentially exposed wheri performing different tasks andtor to measure the efficacy of controls in reducing airbame concentrations of lead. C. Workers must recenre notification of resole within five wvorking days after completion of the assessment When exposures are greater than the PEL, employers must provide written notice to workers as to has they plan to reduce ezpasures. D. Collect multiple randomly collected air samples overtime far each jab classification. 1. Far file purposes of devising etlFeetive control strategies for the prevention of elevated tNODd-lead levels. 2. To characterRe work tasks and areas to which workers with elevated blood•lead levels can be assigned fa reduce the€r exposure tp airborne lead particulate. 3. To assess. exposures during wark.tasks where increases in blood-lead test results itrdicate a problem. 4. To assess any change in operations or procedures that may affect.exposure levels. 5. To determine effect€veness of eng(nepnng controls. 8. To assist in the selection of respiratory protection. E_ Provide initral blood-lead monitoring far all workers who will be required to enter into fire lead work area. F. Contractors attall ensure that all Physiraans conducting bl©od monitoring shall have all samples analyzed by an OSHA approved lab first has demansdated proficiency In blood-lead analysis: Sec~on 18z$1 35 B~r~u Veritas.ProjeGtNo.34008-eU>sZ25.~1 7.10 WORKER TRAINING A. Train all workers about the dangers inherent in handling lead based paint and breathing lead dust and in proper work procedures and' personal and area protective measures in aa;ordance with 29 CFR 1928.62: t3. Training shall include the foAdwing Infamfation: 1. The purpose, proper selectiah, flitirg, use, and limitations of respirators. 2. The purpose and description of medical surveiltance and rnedica[ removal protection including the heath eilacts of lead. 3. Engineering controls and work practio~ assoaated with the employee's job assignment incuding training can work practices that reduce Egad expceire. 4. Nledicai surveillance. 5. The sauroes of potential lead exposure associ~a#ed with speafic tasks. 8. Vllork which could generate lead to air{aorne levels above the action IeveL i. House keeping and engineering controls to keep low airborne level low. 8. Employee's right to a espy of ttie standard and its appendices. 9. The contents of the Compliance Program.. 10. Instructions that crleladng agents should never be used except under the dire~ion ota. licensed physiaan aru3 never as a suture method of removing lead from the body. 11. The right of employees and their designated representatives to exposure and medical records in a timelymanner. 1.11 RUAI_i'rY ASSURANCE A, Health and safety Officer. 1, Cpntractors sha11 designate a health and safety officer, not the. project superirrtendent, to ensure that the compliance program is implemented on a daily basis and that all work conducted on site is in compliance vrith the compliance program. 2. The health and safety officer will be responsible for maintaining a log of ell personnel entering work areas with potent~l lead exposures. The log shall includethe name and soaal security number aFthe~indivldual, the data, the time at which they enter and leave the area, the taskljob being performed and exposure monitoring date, if any has been cogected. 3. Develop and oueteee the implementation of a respiratory protection program. SBtbotl13281 38 eursau `!stiles Projetl No. 3dgU8-p08725.D1 vY 4. Review blood-tread montorng results as necessary with the physician in order iD assess the effiraey of controls. (Placement of workers with elevated blood-lead levels should be based on eollabara6on of the industrial hygienists, I'~Ith and Saf®ty'officer, physician and eonlravtor~. 5. Dearelap and conduct a sampling. strategy that inclutles personal air mvrritoring. 6. The health and safely officer must be on si#e~al least: one a week during activities which have been associated with Or pn reasonably be expected toareate lead.exposures in excess of 30 Nglm. 7. The health and safety officer rvilf t>e on sits more frequerlUy of the start of the pmject yr when site conditions ar vrork practices change untB exposure monitoring indicates mat exposures are being efiedhrely controlled. An els+rativn greater than 70 µgldl In worker blood-lead levels will prompt more frequent site visas by the industrial hygienists until ~rrective measures have successfully reduced blood-lead levels. 8. All information collected by the:l-leatth and Safety ¢Tfioer shall be'submitted to the Owr~s Representafive for rcwiew. 1.12 RESPIRATORY PROTE,CTIOH FOR WORK A. Tasks ark the presumed exposures which mast be controlled for are as follows: 1. Protection must be based on exposures between 50 µglms and 5Q4 µglmg: Where lead soatings.or paint are present anil the following tasks are occurring: manual demolition of strucuues, manual scraping, manual sanding, heat gun applications, pa!rrer tool eieanirg t~itlt duet collection systems. 2. Protection must be based on exposures greate r than 500 µg19 when: a. using lead-containing mortar b. lead tiuming 3. Protection must be based on exposures greater than X500 µglm3 where lead-containing coatings or palm are present and thefivllowing tasks are being performed: a. Abrasive blasting b. Welding c. Cutting and torch burning 1.73 RE$PIRATpRYPROTECTION 1'ROGRAAA A Contractor shag implement a respiratory protection program in accordance with the provision of OSFIA. samwr t32e1 3T bureau WaMlas Prgject Ma. 34008-008725.01 P B. The minimum respiratory protective equipment shall be selected based upon ttre task theta worker pertorms as spedfied in 29 CFR 1926.62(f) Respiratory Prdedion. C. Contractor must supply workers with respdrators that are NIOSH and MSl-W certifled at na expense to the worker. D. I~crept to the extent that more stringent requiremerds are written directly into the Contract documents, the fallowing reputations and standards have the same fsxce and effect {and are made a part of the Contract Documents by r®ference) as rt copied directly Into the Corrtraet IJoatments, or as if published espies were bound herewith. where there is a cantl~t in requiremerrts set forth in these regulaticr~ and standards, meet the more stringent requirement. 1. CtaA -Compressed Gas Association, Inc-, New York, Pamphlet G-7, "Compressed Air fbr Human Respfratian", and Spertfication G7:1 "Commod'rtySpeoifie~ionforAir'. 2. AN51 - American National Standard Practices for Respiratory Prfan, ANSI 288.2= 1986. 3, MSA - MEne Safety and Healft? Adminfstra#ion. PART2-PRODUCTS' 2.1 PROTECTIVE CLOTHING A. Provide the frallowing; 1. Prateetive clothing and equipment w$h provisions for cleaning them fn accordance with 29 CFR 1926.82.8, Protective Work Elothing and Equipment, 2. Clean wgMc dodres must be provided et feast weeidy to all employees whose exposure lapels are above the PEL and daily to those above 2110 µ81m3. 3. Replace or repair damgged protectlve dottrit~ and equipment. 4. Protective clothing and equipment must 6e removed at the caitlpletian of.a work shift onty in chance areas provided far that purpose. 5.. Contaminated clothing into be deaned, laundered, or disposed of as lead-contaminated waste. 6. Do rat remove lead tram protective clothing or equipmerrt by any. means that will put Isad Into the work area, such as brushing, shaking, blowing, or using a regular vacuum dearer. Z. oo notwear sourer protective doihing osrtslde of the work area. e. Workers shaA be allowed suffiaent pre-job Preparation time to strange into protective clothing and suffuaent din-up time. as part trf the wank day. S~tion 13281 38 Bureau Veriba Project ND..340(3B-OQB~25:tl1 U 2.2 AiR PURIFYING RESPIRATORS A. Fkter Cartridges: Ptnvtde, at a minimum, HEPA type fikers laheied with NIOSH and MStiA Gertificafion for "Radionuclides, Radon Daughters, Dust, Fumes, Mists. including Asbestos- Cardaining Dusts and Mists" gnd cdor coded in accordance with ANSI Z8t3,2 (1980). In addition, a chemical eartrid9e section may be added, if required, far solvents, etc., in use.. In this case, provide cartrdges that have each section of the eombinatian canister labeled with the appropriate celor code and NIOSHlMSHA Cedii~ficatidn, B. Non-perrnitfed respirators: po not use single use, disposable or. quarter face respirators. PART 3 - EXECUTIOPt 3.7 GENERAL A. Each Cflntractor working on teed-coritatning painted.surfaces shall ~aice necessary precautions to prevent or minimize the release of teed ih the farm of dust, fumes or mists from lead-containing building materials into the air or onto surrounding envirorrnents. Contractors shah inform all workers and supervis[>ry personnel who wi8 beat the job site of ttre potential hazards of lead and of necessary precautions and housekeeping procedures to reduce the poter>Eial for exposure ~ areas where lead is known pr suspected to be present. B. Each Gontractar working .on lead-coritain3ng painted surfaces shall be sully re~onsible for compfiarsce with the Federal Occupational Safety and Heakh Administration {Fed105HR) standard contained in Ti11e 2$, Code. of Federal Regulalians; Part 1926:62, Lead. C. Lead Abatement Contractor will remove or seal damaged LBP on the interior andfor exterior of the buildings as identified in the scope of work and as awarded. The Gattractot shall prevent the- - dispersion or release of lead dust, fumes, and detuis ta'the enviranmant. 3.2 RE&PIRATORY PROTECTION A. Respiratory Protection Program: Comply with AN51 Z8t32 - 7950 "Practices far Respiratory Protection` and OSF.IA B. Require that a respirator be warn by anyone in a work arm during a period that starts with any operation which could cause disturbance of lead and until lead concentration levels for 8-hour TWA are below the PEL for each activky, tx until the work area is cleaned and lead r®lafed woik is complete. C. Do nest allow the use afsingle-use, disposable, arquerter--face respirators for any purpose. D. Perform at I quektapve fit-fasting ort ail negative-pressure half-mask respirators every twelve (12) months. A quantitative Tit tit must be provided every twelve (72) months for any type respirator. 1. Upon Each Ullearirrg: Require drat each time an air-purilyirtc~ respirator is put on, ii be checked for @t with a positive and negative pressure fit check in accordance with the manufacturer's Insfiuctl4ns arANSI 2882 (198fl). Sectiant3g6t 39 i3ureau V&itras Project No. 34OOB-QD$725.01 3.3 HYC,IENE FACitJTtE3 AND PRACTICES A. Hygiene Faalities. Wash down must be equipped with hot and cold water. Use washdawrr a# completion of each shift of worts and at break #imes through the shMt B. Shower farifity is requ'red where exposure is 56 pglm3 nr grr~ater. C. Provide s clean area for eating, drinking, and smoking. 3.4, POtIVER TOOLS All power tools used for paint removal shall be equipped with vacuum shrouds which capture fine dust at the point and time of generation, and Sren~or# the dust to collection systems equipped wish high efficiency particulate .air taters (HI=PAj. HEPA flitdred vacuums and tools: Sub>nit manufacturer's certif~catlan that HEPA filleted equipmeNt oorrfomss to AN51 Zg3. S.6 HOUSE KEEPU~iG A. Mair~ain surfaces as free as practical of aceurnulations of paint.and construction debris with paint B.. Clean floors and surfaces at end of each work shift. Use HEPA vacuum and wet leaning rrle#hods. G: t3o riot use dry or wet sweep, shovel, or brush except where vacuuming or other method have been tried and do not work 3.6 b1SPOSAL A, Contractors shaA cordactthe reDional EPA, State, and local authorities to determine lead- COrrtaminatecl debris disposal requiremer>ts. The requirements of the Resource Conservation arrr!! Recovery Act. (RCRA} requirement shall be sxamplied with. B. The ConVar:tar shall be, responsible Tor dassrfying the waete stream, If the TCLP detemdrres that the lead concentration is five {5) parts per rrtilliari {5 ppm) or greater, the waste is regulated b5+ RCRA. C. contractors shall dispose of soecial waste {as determined 6y testing) as follows: 1. Package the paint chip samples in IealFttghT containers. 2, Waste steal be transported to art approved landfill in covered vehicles for disposal as a special waste. 3 If Contractors. subcontract the remoping of LBP waste,, Contractors shall ensure that the corrrpany removing the waste mateiial adar}uately aouers. all. loads to ensure ttrat no dust or debris is released. The subcontiador shall be infiormed by Contrac~rs of the presence of lead- D. CorNract4rs shall dispose of hazardous solid waste (as determined by testing or presumptions) as fellows: Seetldn f32&1 4r7, bureau VCritas'ProjACt tJo. 34008.DpB725.01 i 1. Contractors will 6e required to comply with RCRA and applicable IEPP. and local hazardous waste regulatvns. 2. Owher has an EPA hazardous waste generator identification number From the appropriate Regional 1R;4 office. 3. Contractors wiM ramply with EPA and DQT regulations for containers. Contractors shall contact thsk:s[ate and local authorities to detennihe their criteria for containers. The more stringerit regulation shall apply. 4. If Contractors ace not certified hazardouswaste transporters, a contract shall 6e entered into vrith a certifeii transporterta move the waste. Contractors shall require the s~er6fred hazardous waste transport 6v fellow RCRA reguJatlart. 5. OOT lass 9 shipping labels shall be applied to ar be prurted on each packaging of lead- contaminatedmaterials which is being shipped by air, exceeds 66 pourtde (3p KG), or is Smaller but does not have inner packaging up to 71 pounds (5 kg) each in the strong outer packaging. B. Temporary storage of sealed double carrtainers of LBP waste Gutside the decontamination enclosure. After the,sealed double containers have been passed out of tJ~ decontamination enclosure orthe containment barrier, they shall immediately he placed in a cart apprrrved by the Owner. 1tUhen a suffiaent number of containers have aekumulated, and rro more than t 5 minutes after loading the first container onto the cart, the cartshali betaken to a sperdfial iransportatiamvehicle or a designated holding area and the containers shall be placed;herein. F~oh vehitde transporting lead-contaminated waste shall be marked with LBP danger signs during loading and .unloatling of the waste. E Hazardous waste manifests: 1, Upon submitting the hazardous waste manifests far a shipment of LBP waste to the C7wner for signature, Coartrakxors. shell make available the transport vehiceand the lead- contaminated waste Packages for inspection by the Owner's Represerrtatlve so that the Owner's Representative C~1 check for signifleant discrepancles.in the amount of waste (for example, number of baga yr drums; or volume ofwaste} and its condition (for example, whether the bags or drums appear to be seated and not leaking}. 2.. Hazardous waste manifests signed by the Own@r, Contractors, and the initial transporter shall be provided to the Owner when least-corlterriinated wasEes are removed from t#ie farJlity property. 3:. Completed waste manifest(s) signed by Contractors, al{ trarrsport~(s), transferor(s), disposal and/er conversion facility(ies}; shall ba provided to the f)wners Jepresentative within.3f} days of the time at which the lead-vorriaminated vrastes are received at the disposal facili4y(ies), which shall be nolonger than dt] days after the waste was accepted by the initial transpork No payment request application will be processed without the suturiittal of the above irtforrnation to the Ownefs Representative. 5$crian 13281 d1 9ur~au Yentas PrGieU ho. 34[1(18-[i68725Ai F,. Contradkars shalt. t , Properly trartspnr#, treat, s#ore, and dispose lead=confamina#ed waste and other hazardous wades generated in axardance with the sxantract and all applfoable regulations. 2. Notify the National Response CerRer{80D-42d-5803) of the release of a reportable quantity of a hazardous sut~stance generated in accordance wEth the contract .(40 CFR 302.4 [Table], 302.6 (a), (b}). 3. Hdd O-I and the OwrnaYs I~preser~tatiue harmless From any release or tfirreat of release following its aoeep~nce of any hazardous substance generated in accarciance vath the ccantract (6ERGLASecfions tOt(20.)(8)(i), 907(a){4), {6), (e)). END dF SECTION 5edlan'1828.1 42 Bureau ueritas Project IVa. 3400&008725.01 v. sECnox 1s2az AS6ESTOS ABATEMENT PART t - Gi=NERAL A. Referto Section 09010 for material descriptlonsarrd quantities, 1.1 SGOPE OF WORK A. This section includes all work necessary to remove the asbestos-containing materials (ACM) arrd asbestos-containing construetiori materials (ALCM) identified in this Project Manua[. The work includes selective demal~lon as necessary to arxess ACM and ACCM for removal including, but not limited to. dismantling of cabin8ts and ooller~ion of trash, and storing these items nn sfte; dismantling of non-structural building components; element& and mechanical systems; removal of finishes; demolition of painted surtas~s, which are assumed to contain lead necessary to safely pertorm the work. All asbestos removal and disposal vVGrk shall be performed in accordance with tJSEPA NE$HAP, Cal-OSHA, and South CoeSt Air Quality Management District (SCAQfuID} regulations. B. The Contractor shell furnish all labcsr, materials, services,, #raining, insurance; and equipment as needed ba completely remove Sntf dispose of identified asbestos-cont$inirrg materials. The Contractor shall follow all Federal, State and local ordinances, regulations ar rules pertaining to: asbestos, including its storage, transportation and disposal. 1.2 A$HESTOS St1RVEY INFQRMAnON A Asbestos-besting was crxrductaq through U1e Owner by Bureau Veritas North America, Inc. A design level asbestos survey was conducted in June 2008. The successful bidder wi!! receive a copy of the asbestos report prior to the pre.-oonatruction meeting. 1.3 DEFINI11ONS A. The following temps. and deflnitlons occur in tkrese contract documents; i. Abatement- Procedures to control fiber release from asbestos~containing building material. Includes removal, enclosure and encapsulation. The scope of thin project does not indwde enclosure or in place encapsulation. 2. Air tiAonftoring -The process of measuring the asbestos fiber content of a volume of air using National lnsfitirte for Occupational Safety and Health (NkOSH) Method 7400 as ft perhains to personal monitoring of employees. Flow rate and sample volume shall. be In accordance with this method. Fknv rate shall rrot @XGeed 4.5 iiterslminute. 3 Asbestos-Containing Vlaaste (including asbestos-contaminated materials, tools and equipment) -Materials greater than '196 by weight of asbestos, and materials contaminated with asbestos residue. 5aehan 192.82 4~ ~Ureau Ver7lxs~PrOJeCA Nn. 3AtlDSiYD8725.01 4. Gedified Asbestos Supervisor means an individual as defined by Title 8 CCR Section 1629(b) and Trtle 29 CFR Part 192B.1T01(b). 5. Ckass I Asbestos Work: Adiv~ies involv~g the removal of AGM which is thermal system ~sulation or surfacing materiel. 'Phis includes the removal of aslestos-containing thermal system insulaton such as duct fek, pipe insulation, and fumacs camporienGS. B. Class I I Asbestos Ulbric: Activ~ies involving the removaFof ACM which is no# thermal system insulation or surfacing material. This includes the removal of misoeUaneous asbestQS-~rdaiging asphaltic emulsions, sealards, Hoar ca+rerings, roofing materials, and mastics. 7. Got><arninated Area - A work area ar any other area o¢the building with either an alrbome asbestos level equal to, or above, 0:01 fibersfcc er visible unconfined deposits of asbestoscontainingmoterials. li. Decontarntnation Endvsure System - A system typically [wnsisfing ofa clean room, art equipment room, a shower, and a contaminatedlequipmerri roam (each separated From adjoining spaces by 4urtained doorways), pemtiFting workers, equipment and waste to exit or be removed from' eontarninated areas without. catryin9 out asbestos tubers to uncontaminated areas. 9. Disposal - A~ procedures necessary to transport the asbestos~nntamirrated material removed from the building and deposit it (n a waste disposal site in compliance with applicable Federal,.State,;and Igcel regulations: In Callfomia, friable asbestos-containing vnste, containing more than one (1 }percent asbestcs must be handled, transported, and disposed of as hazardous waste in accordance vaith ttre CaliFomia Environmental Protection Agency regulations contained in Titre 22 CGR. ACCM containing one percent or less asbestos can tx? disposed as non- hazardous waste. Hourever the waste disposal taality must he notified of percents of asbestos. In the wastes Cal-OSHA worker protection t~tlations for asbestos would sli11 apply during har>dling of the waste. 10. Disposal 5ibe - A si#e previously approved by ttre U.S. Environmental Protection Agency (EFA), State and local haxatdnus waste control agencies for the disposal of asbestos-containing . (Class 18nd Class it landfills;} 1 T. F1ber - AS used in this section, a particulate form of asbesfrss. When used alone, it is defined by 08HA in 29 GFR 1928.T 101(b). When used in "asbestos fber, 1t is defined as by EPA under AHERA at 40 CFR 763, Subpart E, Appendix A, Section I, par. F9. 12. Fberslcc (floc) - F~ers per cut~ic cergimeter of air. T3. Negative Initial Exposure Ass~ment - A demonstration by the contractor thaf worker exposure. during an operation is expected to be ~n~stehtiy below 0.1 filxarlcc. The demonstration must meet the ~iteria of dSHA 29 CFR 1926.1101. 14. FAT -Proficiency Analytical Testing program performedfar NIOSi-1, with particular reference to fiber analysis for asbestos. Sscgon7329.2 Bureau Veri19~ PrajEd Na.3R048~8725.61 w 15. Post abatement Surfarse Sealer (encapsuiant, lack down encapsulan#) - A liquid which can be applied to surfaces from which astestos has been removed and which rantroia the possible release of residual fibers from the Surface by penetrating Irfto the material and 6inding its campnnents together. 1S. Regulated Area ~-Art area where asbestos is, orcan reasonably be expected bo be, disturbed urrderfhis contract, or where airborne conrxir~trations of asbestos exceed, or ' can reasonably be expected to exceed, 0.07 tibersdcc. The work area may take the form of an area demarcated in any manner that minimizes employee exposure to asbestos. 17. Removal -All procedures necessary to remove asbestos containing materials frdm designed areas in a safe manner, and dispose of these materials ar a disposal sits. 1$. Surfactant - A wettingagentadded to water, which reduces the surface tr3nsion of water, allowing it to soak iR to asbestos materials. Surfactants areapplied during disturb2~nae and mmaval of ACM to inhibit fiber release. 19. Time, Weighted Rverage (TWA): The average exposure to a contaminant in air measured during a specific time period, usuafiy a' work shift, adjusted to eight hours- 20. Transport -Hauling of asbes~s cotataining wastes from the building to fhe disposal site and deposit of the wastes therein by a firm curren$y approved by the EPA for the transport of the wash, and approved by any state or local agencies having jurisdiction, 1.4 DOCUMENT'S INCr7RPOttATEp BY REFERENCE. Q The:darerrt Issue of each document in effect as of date of the.Pro)ect Manual shall govern. Where contliyt among requirements or wdh these specifications exists,. the more stringent requirements shall apply. B. U.S. Environmental Protection Agency {EPA) National Emission Standardsfot Hazardous Air Pollutants (NESt-IAPS) -Code of Federal Regulation (CFR) Title A4, part 6t , Subparts A and M. C. EPA Guidance Documerifis 1. "Asbestos-Containing Materials In School Buildings', parts'1 & 2, EPA C4009Q, 3-79, Pages ~ and 2. 2. "GUtdance for ContrdGngAebestos-Containing Materials in Buildings". EPA 5fi015=$5-0d4. 3. U:S: Department of Labor Occupational Safety and Health Administration (pSHA) Regulations. D. American National standards InsiRute (ANSI) Zt3:2 -Fundamentals Governing the Design and Operation of Lawl Exhaust Systems. E, National Electrical Code, Natiarral Fite Protection Association, NFPA 70. F. 'standard for Electrical Safety Requiremerrts for Employee Workplaces, NFPA 70E. Sgdiod 13262 45 Bur~u Varilas Pro{ed No. 34p0$~ ~08725~.bt G: National Plumbing Code, American National 5iandards institute, ANSI A4fl.8. H. State occupational safety and tteaPtlt regulations, where applicable, with spacial attention tp asbestos, respirator, construction safety and electrical safety regulations as cited in -2B CFR 1926.1101. I. Asbestos Hazard Emergency Response Act {AHF~iA), 44 CFR Part 763 Subpart E. J~ A5TM Standard i= 9368. Practice far Viswal Inspection of Asbestos Abatement Projects, K. The Contractor steal[ assume full r$sponsibitily and liatsilffy for compliance with all applicable Federal, State, and local regulations petgfning to the protection of the building environment, occupants, workers, visffors to the site, and parsons rmcupytng areas adjacs:nt to the site. The Contractor is responsible for providtr~ medical exam~tions and, maintaining medical retards of personnel as required by the applicable Federal, State; and local regulations, and shall hall the government harmless for failure to ecamp[y with any applicable safety or heaifh regulation on the part of himself, his employees, or his subeontrsc#~s. 1.3 AiR MONITORING AND V[BUAL CLF.ARANCB INSPECTIONS A. Personal and daily area air monltartng required by OSHA in 29 CFR 1926.9101 is the sole responsibility of the Contractor. The Owner is responsible for the final visual inspectlons and cteeranse air sampling. Ttie laboratory data must tae submitted to the Owner's Representatve, first verbally, then immsdtately as if becarnes available to writing, but no Eater than 24 hours after sample collection. B. Laboratory Analysis: An lndependentTesti'ng L~oratory steal! tie retained by the Contractor for Phase: Contrast Nfinrosoopy jPCNI) sample analysis..All analysis still Ike performed by an analyst experienced and trained in asbestos sampling and analysts. At a minimum,.documentation of prior asbestos sampling and analysis. experience, plus satlstaotory completion of tl1e~NiOSH 5t32 course ~ equivalent steal be required. Air sample collection pray be performed by an Industrial Hygienist orthe Contractor's #oreman of the Contractor`s. option, The Contractor shall perform sampling and analysis of a'rr samples for asbestos incompliance with 29 CFR t 926,1101:, C. Sample DCCUmantatiatt: Documentation shall be kept for eat filter sample procured as to worker samples, social aecurrty number, activity, work area location, date and time taken, volume of air drawn through filter, pump ideniificatien number and calibration irifonnation. [?oCUmerrtation shall iodinate in what areas tests were taken and shall clearly indicate. the specified maximum allowable fiber Levels far each area tested. Report ell data cn odes. of an Asbestos Air Sample Data Sheet, Fil! in all informatiorron every form. Submitchain-af-custody-records along with all samples. D. Analysis Procedures: The samples shall be evlteeted on 25 mm filters and analyzed within twelve (12) traits usm9 the membrane filter method at 400-5QQx magrtlfibation wish phase axitrast illumination - NIOSH Analytical Ntethotl hb. 74U0 for laboratory and field analysis. The analyst shall sign and submit permanent retards of all samples analyzed directly to the e7wrreYs Representative. The Independent Testing Laboratory shall seal the unused portenn aFal~ filters,in airtight containers so individual samples'Can be re-analyzed at.a later date if necessary. The car>tainers shaA be clearly labeled atith Project Name and Sample Number and shall become property of the Owner at work comp~tion at the Owrteras request. Section t32R2 48 bureau Verifas Wajetl Na. 340080872$:01 ax E. Contractor's Sampling During Abeterhent t. Sample Calleclion: Air monitoring strap 6a performed to deterrriine worker exposure dying the period of asbestos abatement in each work area. Begin samp6ng.when asbestos ab~aterrrent removal commertoes. Samples sha11 be taken where Class. I andlar II work is being. conducted. during each 8-hour work shift until abatement is complete. 2. Worker with' Highest Antidpated F~cposure: The Contractor stroll determine which worker{sJ in each worts area is pro~byr experiencing the most severe exposure. This is the'Mast Comtaminaied Worker(s)." Eight-hour TV46A end 3U-rrrnute Ezcursian samples shag be collected on this worker(s), The warket{s) shall wear a.personal sampling pump and the samples.shail be. drawn from the br~thing zone ofthe wortcer{sy. The number of air samples collected sha11 be in'accordanee with the Contractor's approved work plan; however, a minimum of two {2}samples per work area shall he collected per each work shift. OSHA requires 2595 of the woridorce to 6e monihored. F. Airborne Fiber Coranfs: 1. The Contractor shall mairtain an airborne concentraation at the perimeter of the work-area of less the p_pi fibers per a~bic oentime~r ~ air {flccj or background, whichever is h~her. If the fiber counts rise above ttrs figure for any sample Taken, work shall stop immediately and an assessrient of retmoval procedures shah be pertornted and corrective measrues taken to lower fiber counts: tVotify Otniner`s Repre~ntatlve. irnrnediateiy. Do not recommence work until dte cause of the high caurtt is Eorreded and startup is authorized by the Owner. The Owner will not be charged fur the cleanup time, materials,'air marritvring oosYs or daisy r~sts_ G. Air Monitoring by Owner 1: The Owner or Owner's Representative may perform duplicate personal monitoring, or area monitoring atthe Owner's discretion. Monitoring oonducbsd through the Owner does rxit discharge the Contractor of employer dtdies to perform personal OSHA cemplianee monitoring. 2. Regardless of whether a structure will be damolist~ed er not the Owner's Representative wdI conduct clearance air monitoring inside all work areas rising PCM methods. Clearance a'rr monitoring will nat.be conducted for work which occurs outside the buildings. H. Clearance Criteria: 1. All surtaces In the area must be free froth 8rxumutations of dust and suspect debris. in order to paw visual clearance. 2. Cteararrce a'v monitoring w01 be done rising aggressive methods. 3. PGM air dearanoe samples will be collected inside the regulated area and analyzed by Fhe Owner's Representative within four hours of collection. 3ecuar113282 47 Bureau Ve~ih4s Project Na. 39408006725.03 4. In.order for air dearance to pass, all final clearance air samples collected caneurrently ir1 each containment, must indicate conc~entrrations of air home asbestos fibers below the EPA's recommended dean air level of 0.01 fiber! cubic centimeter of air. 5. If a Nrorlr area #ails the visual inspection andlor clearance air sampling, the Contractor shalt te~tiean the area at rro additional cost to the Owner. 1.6 ACCESS TO WORK AREA A: l.imiti#tlans: The Contractor shall limit actress to the wont area to trained and' qualified personnel, emergency personnel, applicable regulatory agency personnel, the Owner's R2presentativa, arm authorized visitors. B. Equipment: The Contractor shad provide at least two sets of specified. personal. protective equipment for each regulated area, per eighE-hour work shirt for all authorized visitors. C. Prote+aron: All Authorized Vsiters shall lac subject to the prrnrisions this ooMract. 1.7 EMEI~^,ENCY PROCEDURES A. First Aid: The.Contractor shall be prepared to administer first aid to injured personnel after decontamination. Seriqusly injw'ed personnel shall be treated immediately or evaraiatad without det~ntaminatian If this wiH tfelay their treatmerst. B. Ctxfingency Phan: the Cantiactor shall prepa[e a plan and train employees in emergency procedures m carrtain and dean up spills outsiiie the.vmric area_ C. The Corihrador Shall designate a primary Certified AsE~estos Supervisor with a method of contact 24-hours per day. 1.$ 6Utl~ING SECURITY AHD PROTECTION A. The Contractor snail. post wamirig signs at designated egtrances to work area and at ttre perimeter of the work area including, at a minimum, those required by 2S CFR 1926.1101 and fire safety regulations, B. The Contractor shall tae res~nsible for securing the sike. PART 2 -PRODUCTS 2.1 GENERAL A. Delivery. Deliver all materials in their original padtages, containers, or bundles, bearing the name of the manufaclu2r, the brand name and either Material Safe#y Data Sheets which perta~ to the materials, or a statemenE from Ure manufacturer that the material presents no hazard. e. Storage: Store all materials subject to damage off the grourrtl, away from wet or damp surfaces, and under cover 6uthcierrt to prevent damage or contamination. Section 18282 49 ®utesu Venter Project Na 34Qg8-008725.61 C. Protection. Damaged or deteriorating materials shall not be used and shall be rentoued atom the premises. Materials that became contaminated with asbestos shat) be disposEd of in accordance with apptitable regulations. 2,2 MATERIALS A. Asbestos disposal Packaging. Packaging shall be suitable to receive and retain any asbestos-containing materials until disposaE yr conversion at an approved sits. The containers Shall be both air and water tight, and labeled in accordance~wAh EPA, pSHA, SCAQAAD, and Cal- 05HAregulations, and in aceordarrce with the provisions ofthis contract. 1. Labeling. Packaging on asbestos-:containing material shall be labeled in accordance with regulations or EPA (e.g., 40 C-R 81:450(x)(1 }(iv),(5)),1401Q)()), UdT{e.,g.., 49 CFR 172.4170, 172.446; exoeptfcr limiteed quantSy shipments which are not being shipped by air (49 CFR 172.203(b), 173.155(ti)), and State or local occupational safety and health, or environments) agencies (where ap~icahlay. 2. Marking, Packaging of asbEStos-containing maternal shall be marked in accordance with DOT regulations (e.g., 48 CFR 172,300}; exeeptfor limiteeE quantity shipments (49 CFR t72.301(f}(1)). B. Warning Signs. Signs shall be as requited by EPA (e.g., 40 CFR 61.150(c)), t}SHA (e.g. 2g CFR 1 p2t3.1101 (li)(1)(fi)), State occupational safely and'heaRh or environmental agencies'(where' applicable), QWNER requirements, and m)s contract. 2.3 TOtJE.S AND EQ!<1lPMENT A. Airless Sprayer. Sulfaoe sealers shall be applied witl7 an airless or other low pressure sprayer or injector suitable for the spec'riic application. 6. Vacuum Equipment: Atl vacuum equipment used fat cleaning up shall be HEPA filtered. kt least one HEPA vacuum shall be egWpped with floor (hard surface and carpet) leaning attachments. C, Scaftoldingl5tagir±gll.adders. Shall mast 0$Hk safety regulatwns, including 29 (~R 4928.450.452. Where electrical power and water are used inside a work area, no eledricaliy avnductive ladders (e.g., aluminum or steel) shall be used (except for hinges and feet). p. Transportation Equipment Shall be suitable for boding, temporary storage, transport, and unloading orasbestos-contaminated materials wtrhout exposure to persons or property and shall be currently registered with the State for transport of hazardous wastes and bs currently certified by the Sfatir for vehicle inspection. E. Other TavRs and Equipment: The Contractor shall famish all equipment such os lumber, nails, ladders, HEPA vacuums, and hardware and supplies, which maybe required tv construct and dismantle the decontamination areas•and the barriers Ebel isolate. the wdrk area. The Corrector shall provsde other suitable tools for abatement activities including, t?ut n~ linirted to: hand scrapers,. wire brushes, sponges, mops, arKl.shovels: F. Electrical_ Electrical tolls and equipment shall meet all appticable codes and regulations, including, in particular, 39 CFR 1910.304 (tI (5) (Y) and 29 Cft2192fi.40u-449. SEGdOn13282 49 Bureau Veritas Ptojcct rVO, 3400&00872$.01 Y 1. Craunding. Ground fault clreuR-interrupters shall be used forall electrical equipment, except to the extent provided in an assured equipment grounding eortductor program, 29 GFR 1~$.404(b)(1}(iii), if established and implemented in the Plan ofAcYion. 2, Additional requirements. Wiher OSHA requirements for equipmen wounding conductors, beyond those described In the grounding paragraph, apply. PART 3 F~CECUT10N 3.1 WQi2#C AREA PREPARATION A. Ete~rical Coordination; The Contractor shall soordinate•ai6 temporary utility servirs connections, requirements end equipment with the owner. Service connections and electrical equipment shu#dowrw shall be ooordlnated with the Owner at least, iwo days prior to commencement afwak in each work area. BY arrangement with the dwner, electrical services may be de-energized. 13. BuitdJng Service ~ardination: All arrticipated building services may be shut down and shall be coordinated with tl~e Owner. C. Protection. The Contractor Shall provide for adequate fighting, heating_and cooling of equipment during.atl phases of the set up, abatement, and demobilizing. work. t3. Signege: The Contractor shall post adequate warning signs denoting the potential danger 4~f airborne asbestos at designated entrances to work areas incbuiing, at a' minimum, those, described at 29 CFR 1926.11 Qi {k)(6), and State. occupational safety and health and fire safety regulations {where applicable), and shall prevent access to posted areas by unauthorized or inadequately protected persons. 7=, Existing operations: Existing sen+ices, facilities and functions qutside of the work area tray, be shut down and termknsted. Coardtnate arty termination of existIItg, services with UYe Owner. F. Fire Equipment: Adequate portafde fire extinguisher equipment shalt tae maintained within the work area meeting at [east the requiremerds csf 29 CFR 1910.157 arrd (where appiic~le:} State occupational safety and health regulations argi fire safety regulations. 3.2 G~TtERAt_ ASBESTGS REki[OVAL A Adequate U4letfirtg. The asbestos-contafnirig, maul stall be sprayed, injected or otherwise adequately wetted with a surfactant. Care shall betaken to avoid release of asbestos through substrate penetratigns. B. FZentoval.. Removal of the astiesWs-oorttaining material shag be dcx~e in smafi ser3inns. Asbestos- oonteining rhaterlalsshall be removed tivhtle wet. C. Laval exhaust i,fiAren mechanically cutting, d[filirtg or abrading asbestos-containing materials, provide local exhaust ventilation sufficient #o capture fibers by means of a HEPA filtered vacuum, unless visual inspection dose not indicate that fibers are being dispersed outside the work area, acid air monitoring of this project demor~lrates that air levels inside the wok area are sufficiently low that'the respiratory protection provided is adequate, and that air levels outside 4he worts airs Seitiort t32ffz •so bureau Veritas Proieol hta. 34Uii9&00872$D1 meet speciticaiion requirements. When using Inca] exhaust ventilation, use specialized equipment, such as drills or saws having integral ventilation hoods, which are connected to a HEPA vacuum with a flexible hose. D: Surface Clearing. After completion of gross asbestos removal work, a![ surfaces fran which asbestos has been removed shall te8 cleaned to remove all visible asbestos-containirg material. During Phis work, the surfaces being deaned shall be kept nan-friable whenever feasible. E Segling {Lode-down Encapsulation). Lock down any residual asbestos fibers, which may remain on all surfaces from. which asbestos has been removed with an encapsulanF sealer. Contractor shall .apply lode-down encapsulant fdtowing She successful completion of the visual inspection. 3.3 WORKER PROTECTION A. Before beginning work, provide workers with the required protective equipment in accordance with OSHA I?equire that appropriate protective equipment be used at ail times. Full face, positive air pressure respirators and ptY>tective clothing whidi others complete skin coverage are recommended far initial work involving itte.disturbanee of mold-contaminated debris and for the removal and disposal ot.asbestos materials.lotatedlnside the building. 3A SECURING WORK AREA: A, Secure work area from access bythe public and other unauthorized visitors. Accomplish this where possible, by locking doors, windows, w other means of mess to the building, or by constructing temporary woad stud and plywood harriers. Post warning signs were appropriate. Asbestos warning signs are to be. placed inside emergency routes in such a manner that the signs are dearly visible Yo arryone who opens an emergency door lrom outside the abatement area. 3.S CONTAINMENT PREBAftATION FOR INTERIpR ASBESTOS WORK: A. When working inside the building, always ddn appropriate personal protective equipment to provide protection from exposures to mold-contaminated materials, dust and debris. S. F.ack out and tag out electrical systems and equipment whidt may be affected by moisture. Shut drnm aU HVAC systems; C. WI Class I and non-intact Class II Interior asbestos removal work shall be conducted in a fully lactated negative pressure enclosure {NPE~, vrif}t a three stage:deeontamination une and a separate two•stage waste load out faality or other isolation method described in OSl-1A. D. Install aitipl barriers using a minimum of ivro layers of fi ml polyethylene sheeting. Walls and floors sf9all be consBucted cf at least a single layer of 6 ml polyethylene sheeting, sealed with durable tape, and seed to minimize the numb of seams and jainis: E. Install a suffident number of HEPA=filtered negsGve air madrneS ~ivdtrin the fully isolated containment area to maintain a minimum negative pressure differential of aE least U.t7Z" W.C; Install a manometer to monitor and continuously record the pressure differential. F. Asters removal work within the containment shall not commence until the Owner's fiepre~rNati+re has irtspected the system, and has determined that the cantainrrlent meets the SACtlbn 19282 51 9ureau VerRas Prcajed No. 340D8{rOB726A1 u intent of the specifications and is fully operational Asbestos removal work shall prooeetl only alter. the Contractor 5as received a wririen statement from the Cgnsukant, indicating that the containment has passed inspection. S.6 CaENERAL PRQC~t]RES FOR INTERIOR ASBESFOS WORK: A. Pertorm remove of friable ACM in accordance with SGAQMD and fPA.regulations forfriable or Class I asbestos work including use of negative pressure erldosures, glove hags; or mini- enclosures. B. Thoroughly wet all asbestos materialsfo be removed with a spray mist of surfactant. C, Dismantle equipment, Bnisttes, walls., eellirrg and floors as necessary io gain access fo concealed asbestos applications. D, Dispose. of al! contamination as asbestos, including metal that is visually contaminated with suspect asbestos materials ar debris: Metal surfaces which can he completely cleaned, inspaeted and entxpsulated, may be salvaged as scrap metal by the CgntraGor, at the Contractor's option. Remove all metal ductwork in a similar manner. Decontaminated, ceiling- mounted metal ductwork, which Is accessible far inspecton, may be lair in place for salvage by others. E. Perigrm selective dernolifion to Access ACM. Remove c:Otsoealed asbestos applications and contaminated finishes, and dispose of asbestos waste. Non-ACM debris may remain orrsite in an Owner-approved location F. Remove specified floonng.appliptions, including multiple layers Af tioenng materials and mastics. Dismantle partition walls, cabinets; undsrlayment and other building materials as necessary to access a.nd to remove gonceated applications of tlaorirrg materials. G. Compfe~ly remove al! asbestos materials, suspect detrris and asbestos-contaminated building materials; Place.asbestos waste to labeled containers that.ar® acceptable with the Contractors proposed landfill requirements and dispose. Dispose of these materials at a landfill permitted to accept friable asbestos wastes. S.7 PREPARATION FOR t)EMOLITION-WORK WITH NOME-FRIABLE CATEGORY I IY6ATERIAI.S IN-PLACE: A. li noniria6ie Category I AGM remain in place during deintsition, aid demolition work well t:e perforrr>ed as Class ll asts~tos work in accordance withCal-OSHA B. 'When demolition by toppling occurs such reasonable ~lciasure for dust emNsion control as is compatible with the character of ttre structure stroll be empkoyed. G. Before the tlemdieon or toppling of any sec#on or wall of the•strudure, adequate vuettirrg.in suppress the dust shall be empbyed. D. Asbestos-ct~ntaining dehr'rs shill I rrot be dropped or thrown from any tFaar but shall be transported by drist-tigh# Chutes w buckets. ASbestns-containing debris in chutes. or buckets shit be sufficiently wetted to preclude dustdispersian aftha point of discharge. Se+IIllon 43282 52 Boreal V¢rires Prpjnd Na. 34gtF$-00872@.01 E. All asbeslos~ontairring debris shall be thorkwghly wetted before loading into. trucks, other vehicles nr containers. During transporfsuch waste shall 6e enclosed or covered so as to prevent dust dispersion. Asbestos-containing debris shall tae disposed by burial at an approved landfill. F. Fury demarcate exterior work areas with "Danger. AsbestQS" tape.. 3.8 GENERAL PROCEDURES DEINOLITION WORKWI7'H NQN-Fft1A6LE CATEG(SRY 1 AAATfRIALS IN-PLACE: A, Category I NorrFHable ACM shall be ngmiaved in an intacF state where feasible. B. yVet methods stroll tae utilized unless wet meHaods are not feasible ~ create a safety hazard. C. Contractkx shall continuously wet ACM during demoliton. l7. All dust generated by cutting machines shall be HERA vacuumed or the stilt weeE material shall be gently swept and wig up along the cut line. E Dust and debris sha11 be' immediately taagged and placed in covered containers. F. Cafegory i Non-Frlahle ACM material shall be lowered to t#te ground via a covered, dust-tight chute, crane or hoist Asbestos-eantaiNng material shalt not be dropped or thrown to the ground. G. Category INon-Friable ACM waste shall lxx segregated from non-asbestos debris and must be dispas~ of as Category INon-Friable AGM at an approved landfill. H, It the substrate (such as concrete) on which these non-friable ACMs are installed is intended for recycling, the non-frtabte ACMs Shall be r$moved prier tv the reiyeling process by an Stake of Gal'ifomia-licensed asbestos ataatement contractor prior to Initiating substrate recycling aCihrities. I. If the demolitan eorttractor changes the means and methods of demolition and the environmental wnsultant is of the opinion t#tat the Category I nort-friable materials are being made htiatale, or if visitde dust emissions are generated, the work should be stopped. In these sifuatlons, revised notification fear removal of non-liable ACM may become neoeasary and the removal work will then need fio be done by a StaEs of Ca]'rfomia-licensed abatement cor~ractkar. J, removed Gategory I Non-Frfable AGMs shall be properly packaged and secured at the end of eacr wgrk shift. K. The Category INan-Friable ACMs shall be transferred to a closed receptacle in such a manner so as to preclude the dispersion of the dust. L. Remove~asbestns-containing mathrial.s in a rrbanner vwh~h does notcause visib6e emissions. 3.7 CLEANUP A Bagging. s«xon 132e,z 53 19rireau Veriras PrcFjed rte. 34D08-0OB725.01 u 1. Procedures. Asbestos-containerg materal steal[ be packed and sealed in asbestos- Iataeied plastic hags; andlor piasfio-lined cardboardtota boxes as appropriate. Packing shall take place wkhin each worts area. 2. Labeling. Asbestos waste containers shall be labeled in aooimianee with all applit:able regulatory requin;rnenis including disposal;and transportation. B. Decontamination. All materials, equipment, toots and bagged wastes taken from the work area after the initiation of asbestos removal 4verk shall be fhorrwghly decontaminated as follows; 1. Gross cleanirvg, Workers shall remove gross contamination irom tools, equipment, building, components, waste bags, and'other materials before these items leave ttie vrork area. 2. Materials and.equlpment which can not be thoroughly decontaminated shall be packaged and disposed as'asbestos waste. 3.8 DISP05,4L A: Packaging. Prior to post-abatement inspectipns, all asbestos-containing waste. shall he p~kag~f in sealed, leak tight, double containers and removed from the work area to a specified transportation vehicle. The outer container may he either a dean, sealed fiber drum, plastic-lined cardboard tote bolo or a sealed plastic Crag. Ttie. inner container shall be a sealed plest is bag at least 6 mil (O. t 5 mm) hock, B. Cat-bSHAIEPA IabetuTg_ Asbestos uraming labels having permanent adhesive and waterpn~of print, or being permanently pricded on the eor~tainer, shall be mixed tc the outside of all asbestos containers, and each inside beg. C. 170T labeling and mariarrg. A DOT "Class 9" shipping label and DOT mark shall be applied to, or be prtnted on, each packaging of.asbeskos-containing materials: b. EPA vehicle marking. Each vehicfe transporting astrestas-r,,ontaining waste steal! tie marked !xith 'asbestos danger signs dufing loading and unloading of the waste, in aceordanee with the tdESHAP, 40 CFR 61.t5U(c). E. Protection. Workers entering a demntamination enclosure tb remove waste material shall follow ltte provisions of five contrail for donning pratec#ve equipment and exiYng the work area or decontamination chamber. F. Asbestos waste shipment records. 1. Preparation. The Contractor shall prepare the waste shipment records- Upon submitting each waste shipment riecord for a shipment of asbestos waste. to the Owners liepreserHative for signature, the Contractor shall make available tfie transport vehicle and the asbestos waste packages for irtspecffon by the Oruner's Represi3ntative. The Owner's Representative will check for significant discrepanaes in the ampunt of waste (for example, nu mbar of bags or drums; or volume of waste) and its condtion (for example, whe#her the bags or drums appear to be sealed and root leaking), Se~.loh~13282 54 awemi WeFitas Project hrs. 34Q08-008725.01 2. Initlaily signed records. The Contractor shall provide asbestos waste shipment reeord(s} signed toy the Owner's Representative, the Contractor and the mftial transporter to the - OwneYs Representative, when asfestos wastes are removed from the facility properly. 3. Uepositirg. Asbestos waste sl~ll be deposited assnan as practical-at a regulated waste disposal pie. 4. F~ravlding.cnmpletely signed records. Completed waste shipmer>t record(s) signed by the ConVactor, all fransporter(s), transferor(s), disposal and/or eomrersian fadlity(ies), shaA be provided to tl~e Owner's Representative within 30 days of the time at which the asbestos-~rttaining wastes are received at the disposal andlar conversion facility(ie5), vahidZ shall be no lariBer than 40 days after the Waste was accepted by the Initial transporter; G. Registradan. Fer any state requiring registration, I~nsir~g ar certification of'asbestos or other hazardous waste hauling contractors, vehides.andlor dfivers, the Cantrasthr.shall provide proof that atl suds contractors, vehicles andlar drives used under this wntraet are currently in complianr~. H, Regulatory compliance. 1. Waste management. The Contractor shat properly transport, treat, store, dispose and/or convertasbestos and other hazardous wastes generated in accordance with the contras and'in accordance.w3h all applicable regulations. 3.9 CLEANUP INSPECTION A. All visible accumula#lons of astiestos•containing materials and debfis shall be removed with we# methods or by HEPA vacuuming a0 surfaces within the work area. B. Any other contaminated surfaces ih the work area shall be cleaned. All wastewater from the cleanup shall be disposed Df'in accordance with this contraEt. C. The Contractorshall inspect all surfaces and re~ctean with special attention to any areas not satisfactory after the first d~ning- D: After completion Of asbestos abatemenf, waste removal, and removal of Contractor equipment tF~t is no longer needed, and after obmpletion of the preliminary cleaning, the Owner's Representatnre will inspect the removal and cleanup areas. E. Final Visual Clearance The (homer's Representative wi11 inspedeadt area. 2- A certificate of deararice will tie submiffed to the Contractor after requiremerri[ss for visual inspection and air clearances are met for each abatement area. END OF SECTION SiBdiOn 13282 55 13uoeau W®ritas ProleU t+b. 3400-908725.Q1 Sl'eGTiDN 73283 PC8-0ON LLASTS EQIATfON PART1-GENERAL 1.,1 SCOPE OF WORK A Phis sectipn includes ail work necessary to remove;:transport; and incinerate all suspect polychbrinateil biphenyl (PCB} ballasts associated with Fluorescent ligh# fixtures. 8. The 6orttracfor shag famish all labor, materials, services, training, insurance, and equipment as needed fo. completely rerr~va and properly incinerate all suspect PGB ballasts. The Contractor shall follow all Federal; State and local ordr~noas, regulations ar rules pertainil~ to PGBs, Including its storage, transportation, end disposal. 1.2 REIJITED WORK A: General provisions of fhe Contract apply i4 this Seufion. 1.3 PCB SURVEY INF~RMATIQN B. Fluorescent lighffixtures wt+fih suspect PCB ballasts and transformers were identified by Bureau Veritas in June 2p08. The quantities of fixtures to be dismantled are presented in Section 01t}10, 5c6pe of Work: PART 2 -PRODUCTS MATERIAL. AND EQUIPMENT: A. Storage Containers: 1. A!I ballasts containing PGB material shall be stored in sealed DOT 17E dosed top drums. All PCB solid wastes and items Incuding disposable items used in the course of the work such as rags, sorpents, protective lathing, shall be.sta?ed in sealed DOT 17C open type drums. B. Salverits, Sar6~eents and Gleaners: 1. Solvents:: Aiesel fuel, deodorized kerosene or other solvents recognized for a high degree of PCB solubility. 2. 5orbents: Material recognized for a high degree of absorption. 3. Liquid Cleaners: Concentrated liquid atkafine base leaner. 5ecEfon `x3283 56 au~au Ve[3as Ptojed N4- 340fr8-Q08725.01 PART 3 EXECUTION 3.1 WORK AREA PREPARATION A. Electrir~l Coordination:the Contractor shaA coordinate all temporary ut~ity service connections, requirements and equipment with the Owner's Represertitative. Serrrioe cortnectiahs.and eteetrical equipmend shutdowns shall be coord[nated wide the OKmer al least.72 hqurs prior to commencement of work in each work area. The Contractor sE-iall switch off circuit breakers in preparation far fixture dismantling. B. Building Service Coordination: All anticipated building services may be shut dotim and shall be coordinated with the Owner's Retxesersative. 3.2 PCB REIYIOVAi, A. Removal: Dismantle light fixtures and remove all suspect PCB baAasts for incineration. 3.3 ;SAFETY PRQGEi7URE5 AND WORKER PROTECTtOIN A. Wor1i Area Protection and Marking: Prior to commencing any PCB rpJated work activities, provide barricades ana warning ~gns to Gearty idera"ify and effectively guard against unauthorlbed entry info work area- B. Protective Clothing and Equipment: At all times when PC8 materials in any volume are not sealed in drums, containers or electrical equipment, workers shall wear: 1. Disposable, non-porous gloves. 2. Disposable whop body clothing impermeable to PCBs. 3. Respiratory protection (WIOSHlfuISHA approved) against organic vapors and particles (at least the Eevel of partiptlate protection required at that stage of work for asbestos protection). 4. Eye prafection. 1'he Contractor shall provide pratectlve r;[gth1ng, eye protection and respiratory pratectfan as raq¢lred for Port representatives rnanitoring work acUvltles within the work area and for Rr~eflghters t'r}sponding to incidents. Provide proteodve clothing, eye protection and respiratory p~otectlon as necessary. C, Personnel Protection and Procedures: The PCB work erne shall at no time be left unattended after procedures have begun and until all ballasts and irx:identals have been sealed in approved containers. if immediate transportatimn to the PCB disposal facility is not feasible, the work area roust be secured In a manner approved by the Owner. boring procedures and at all times when PCB ballasts or mixtures in any volume are not sealed in drums, contatners cr elsetrirat equipment, all personnel entering the work area must. don Protective clothing, and equipment Bsted herein. Upon exiting Nte. work area, all dsposabie. pro#ective clothing shall be placed in open-top drums, sealed and removed from building property when oilier materials in same areas are removed_ SeP.tion 13283 57 9ureau Yer3las Pro;ed Nn: 3x00&008725,01 V as ols~osA~ A. Preparation of suspect PCB materials far disposal. i. Procedures. Tite.suspect IyCB I~uasts shall be packed and sealed in. apprtiveri PCB= labeled shipmerri Containers for incineration at a-TSCA irrcineratar. B. PCB shipment records. i. Preparation. The Contractor shall preparethe waste shipment records. 2. Qeposding. PCB ms#erials shell be destroyed as soon as practical at a TSCA incinerator. S, Providing completely signed records. Completed waste shipment records] signed by'the Contractor, all transporter(s], transFeror(s], disposal andror oonvers[on facility(iesJ, shall be provided to the Owners Representative within30 days ofthe time atwhich the materials an: received at the incineration andfar converston faGlity(ies], which shall be no longer than 40 tlays after the waste was accepted by the initial transporter. C. Regulatory ~mplianc~. 1. Waste management The Ca~tractor shall properly transport, treat, store, and incinerate of PCB-EOrt#aining materials generated in accordance with the eontr~l and in accordance with all applicable regulations. R. Regulatory oonlpliarrce. i. Waste management. The. Contractor shat properly transport; Ur~t, Stare, and inanerate PCB ballasts and oils in accordance with the,contract in aCCOriiance with all applicab~ regulations. ENQ OF SECTION Setilon 13283 5& Burg Verrtas PrajectNo. 3~U08-BOB728.01 SECTtOTf 13284 MERCURY-CONTAININ E ~ L C POtiEt~ETS~ REM N PART1-GENERAL 1.1 SCOPE OF IfYDRK A This sedtian includes all work necessary to remove and recycle all suspect mereurytantaining fluorescent light tubes assodated with fluorescent 1'ght fixtures and me[~yining thermometers and switches B. The Contractor shall furnish all labor, materials, senricss,'training, insurance, and equipmer~ as needed to completely remove and properly recycle all mercury components. The Con#ractor shall folkow:all Federal, State and local ordinances, regulations or odes pertaining to mercury; including its storage, transport3lion and disposallreeycling, 1.2 RELATED WORK A. General provisions of the: Contract, including but net limited to General and Supplementary Conditions and Division 1 Spacificatbn Sections, apply to this Section. 1.3 MERCURY COMPONENT SURVEY INFORMATION A. Fluorescent ligiti fixtures with:suspecftubes and other mercury~wntaining isms were inventoried by Bureau Veritas in July 2005. The quantities of the components to be. dsposedlreayc~ed are included in Section U101U Scope of Wark. PART 2 - PRO~UGTS E4UIpMENT AND SUPPLIES A. PersonafProtectiveEgropment 1. Respiratory Protect+on: All employees Leaning up broken fluorescent light tomes shall be provided with and required to use adequate and appropriate respiratory protection in accArdarroe with OSHA. 2. Fur workers cleaning up broken fluorescent light tubes, full body dispasat~le protective clothing incorporating head, body and feet covering constnscted of material such as Tyvek ®(or equivalent) shall be provided in sufttcient quantifies and adequate sines t+a accommodate movement without tearing, to all workers and authorized visitors. 3. Additl safety equipment (e.g., hard hats meeting the requlremerRS of ANSI Standard 289.1-1881, eye .protection meeting the regruraments of ANSI Standard zfl7.1-1978, safety shoes meeting the regtiirements of ANSI Standard 241.1-11187, disposable gloves) shall be provided as necessary to-ail workers and authorized v~tors and shah be sized'to fit the wearer. Section i3~i84 59 aureau VEritas 1?rojecl No. 34098-098725.91 B. Removal Equipment 1. A suFflcient supply of scaffolds, ladders, lifts and hand tools {e.g., screwdrivets) shall be provided a5 needed. 2. Additional support equipment as needed. C. i'atkaging Equipment and MatariaC 1. Fberglass drums 2. Fluorescent light tube shipping, boxes PART 3 EKECUTIQN S.1 4YORK AREA FREPARATION A. Elearlcal Coordination: The Corrtrador shall cao~nate all temporary utitily seMiee eormections, requirements and equipment with the Owner. Service connections and.electrieal equipment shutdowns shall be coordinated with the Owner at least 72 hours prTcr to commencement of work. eachwank-area. The Contractor shall switch off circuit breakers in preparatlan for Ilgtiting removal work. B. 8uiiding Service Coordination: All anticipated building services may be stxd down- and shall be coordinated with the Owner. 32 ttItERCURY REiAOYAL A. Removal. Remove all suspect mercury tubes, switches, and lights #a recycling. 3.3 WBRKER PROT~CTIbN A, before beginning worts, provide workers with the required prdtedive eattipmsrn in atcordarrce with OSHA. Require that appropriate protective equipment be used at a0 tiriies. 3.4 DI$POSALfRECYGLIFtG A Preparation of suspect mercury components.fcr recycling. 1. Procedures. The suspect tneroury compgnerrts shat[ be packed acrd sealed in approved, labeled.shipment cornaarers_ B. ~Aercuryshipmerrt records.. ~ . preparation. The Contractor shall prepare the waste reeyding shipment. records. 2. Depositing. Mercury components shall be delivered for recycling as soon as practical at a TSUF site. 5aciiort 13284 Bureau Yeatfas Project No. 34Ufls=008725.fl~ u 3. Providing completely signed records, Completed waste shipment record(s) signed by the Gontrador, all transporter(s), transferors}, recycling f~ii"rty.(es}, steal! be provided to the Owner's Representative within 30 tlays of the time at which the tubes are received ~t the rgryding#acillty(ies); which shall be no longer than 40 days after the vraste-was accepted by the initial #ransporter. G. Regulatory compliance. 1. Waste management. The Contractor shag propery transport, stare, and recycle suspect mercury. in accordance with the cantrart and in accordance with all applicadfe regulations. 2. Transport.- l-puling of hazardous wastes frarn the Building to the r®cyding site and deposi# of the components therein bl' a firm currently approved b7r the EPA for the transport of hazardous wastes, and approved by any state or.local agencies having JUrISdtCtlOn. 3. Waste Shipment Record - A form similar tc that shown tnr the EPA in the NESHAP at 40 CFR 8t..190{d)(1), or an EPA-approved State ar local form for4his purpose. D. RCRA. Resource Conservation and Recovery Act regul~ions, 40 CFR 260.299. Provide speelal attention to the follovhr~q: 1. 4p CFR 281 .(hazardous waste identification). 2. 40 CFR 262-26.6 {disposal rekluirements}, 3. 44 GFR 262.34{c)('!) {waste aaumulation). 4_ 4Q CFR 262.12 (waste generarion, EPA idenlifik~tion number, responsibilities}. 5. 40 CFR 262.20-23 (waste manifesting), 6. 44 CFR 282.3D-33 (waste packaging, labeling, marking and placarding). 7. 40 CFR 265' (waste treatment, certificate of destruction). E Regulatorycampliance: 1. Waste management. The Contractor shall. properly transport, store and recycle mercury wastes generated in accordance rNitft the carrtraet in accordance with aA applicable regulations. ;2. Release. The GontradCr shall hold the Owner hamlless from any release or threat of release:foilowinglts accep#ance of any hazardous substance generated in accordance with the contract.{CERCIA sections 121(2{B)(i},127(a)(4}, 127{b) artd 127(e}). El\ID OF SECTION sppinn Y3?84 s1 - ~ Bureau Veriiss Rroled No.3~(10&W8725A1 q b FIGiJRES Bureau ~Veritas Project Iio. ~340[#B-00S725.M - - - - ~ •ryf' ~I:IR L'JMMIG aRN L _ _ ~ J I ,T.s\s ~~iRRWt ` ' I I f~ 11 l~II~R ROON ~UP\ ! ]~/R0~11 f' upP~ ~F~ rF J I I oPFH ro~ N¢r;uaxc - l~ ~ iw I I I i 1 I zLEL'~G51. i tpi7Rs ! ' ~ 4 IEBF?D bik-1887 9LYH3 WlElpµ ~M H~L.CK (FGF18R) .fladSf' W BE11M~~ 9Fi21f - [NFL-18s) (Yar tloWf ~xn PLJ~IQi [IIk18~. 91A(.7( FLORFMl6.VA7EILi15 [HMie6, IM-1R5. NA-197} 7 U1ER9.~ 12'x1X 81YL1:''O.W /N~ BtwCtf IOSfIL TtE ,l,WO' ~R+RW Srur IN fTET 0 IS 3R E9 4T1ECK 9Y RM P~EST'C5. LCC4ilON puGRpN orMWN 91' JL CAiE 6/20/'2009 AWN FIACR i SCAtE :JSS 511:1WN CWEsS-BRCGNWAY CkASS~.LCN6yHER lNC, I ru>' N0. 0,8715.01 ,s PUNT .~2] - 6411IDINC ~~70 PRI Nd: slme~-6oe7lS.ot 'VERNON. 'Cki.IFCHN1i1 t - ~ . _ _ „ ~9~Q HC9f ~ R~ I~`~' . ' 'F~~T~CR 'T,UK j I~ATwFp J ~ f TMIC i S%+EN Fo xux F1AGR Qm~l f LEC$A ^ (IM-181) 1R'tlY` 1~ f•7ypt~~ Tilt( ~(MA-19~ 1711T TNV FlA9R T1E SCJCE Ip FFEf 0 f5 ]9 W CNFlX 9r RM FSBESTOS lAGp11QN WAC+QPH Gltll[ Gfi~wN BY JL G!'.~ 8/~/,~~ MF,(TiY11NE ~ lE4EL soot 45 SIIGTx 4WFT15-BNOCKWAY GLAR9 ~CpaTAWFR INC. CVP x4. 9&YYS:hl JS PI+iNT ~~3 - 8UI11,11x6 }70 PxJ x0. aseo9r®a]D:91 NERNQN, CAA1s=0RN1A .UVNER 4EZ26YIHE \ 1' 1 _ 1 t R ~ l! f IFAFJ+D ~(w~-,aa. ~u-iii) i i•.iz• eor.~ naov. Ylc (H%-Tl3) BEi~ MwODN PUT1Y ~(11F-T7+) 12`/'12" BRUiYN FLOOR TLLE ~(xk-i ~CIlPSU4 1MN.4 ~+9 ~Nn .IQpif { u ®'AOr, m3.pp'p K4f100F i~eA57s'N~iaiC~-~'ry ~iSSOtGYED"IIOGF Ap311E~ a Ts ~ aw Lxcn aN A48F37os LOG71~N 011FtRAld t q!!pMi -BV JL q{TE arxe/2aoa UPPER I(YR71NINE LE~4 k RQOF se:~c •s s~N awEns-aritlcKlwnAzi' cross cgNrwNdi ine: PRI NO. 1~QW-911n77J.b~ ~EfB~lOP1. GLFORNIA- u. v ArrACxr~aENr DEIiIOLITION SCOPE PREPARED 8Y O-I Bureau Verilas Projec4 No. 3400&008?25k9 Owens Illinois. Plant #~3 Vernon California Demolition of Plastics Bttildina Project # 1123.045 July 10"', 20Qti In general, the work consists of, but is nnf limited to, the items described below. The terms remove-and/or demolish include hauling and disposal of all materials removed. The demolition contractor shall obtain any permits needed for removal, haulingt and disposal. Material salvaged becomes the prpperty of the demolition contractor. Gi~il. Structural ~ Architectural iDemolition Scone of Wor[c. 1. Faccept as noted, remove existing buildings 70, 74, and 75 in their entirety, including all floor slabs and foundations. 2. The south part of the west wall and the entire south wall of building 7D support a cable tray and a bridge over the railroad tracks that will remain in service. The lower portions of the existing columns, column bracing, foundations, and foundation wall In these areas are to remain. The sidirsq, girts, door frames, and window frames are to be removed. The cable tray, .bridge; and supports must be protected. from damage. 3. Along the south wall a# building 75 is a cable tray that is currently supported by the wall framing. Prior to demotiflon and as part of. another contract, pasts will be installed to support the cable tray and its supports will be cut tree from the existing wall. The able tray and its supports must be protected from damage. 4. Remove the parking lot paving, guardrals, and posts down to the subgrade. Remove the fence as noted an the drawings. 5. The small elecfitea! building, electrical substation, and the fence around the substation at the southwest comer of building 70 are to remain. 8. The fence and gates that crass the railroad near the west end of building TO are to remain. 7. The demolition area is to be graded essenfially flat do meet the sidewalks on the west and north sides, and the railroad on the south side. Along the east.side, slope the grade at 8 horizontal #01 vertical to meet the existing adjacent grade. Around the elecirical building and electrical substation at the southwest comer of building 7Q, slope the grade.at 6 horizontal to 1 vertical to meet the existing adjacent grade. Remove excess dirt or provide clean fill dirt as needed to achieve-these grades. Mechanical OgmQlition Scene of Walrls. 1. Terminate and demolish the mechanical systems which supported the subject building. The Building Support Systems would inciusie; The Storm drainage, Sanitary Sewer, City (Potable} Water and Fire Protection Services. The extent of these systems above greund is readily accessible. Utilizing where these services go underground, along with locating any cleanouts and P1V`s and for valve boxes, the approximate underground routes can be determined. The contractor shall utilize an acceptable ground penetrating radiographic service to verify these pipe routes. and then carefully excavate.and remove these services back to the mains. The connection to the main shall be plugged in a method accep#able to the utilitylauthoriry having jurisdiction. 2. Thane utilities on the south side of the building which used to support the Plastics Process Equipment. The process services remaining on the south wall could include, Compressed arc, Natural Gas, Cooling Water fines. These services were shut off on the glass factory side of the bridge atone bme'however, before the demolition of each individual fine. begins, the contractor shall walk the line with giant personnel, verify that the service is off, then out the line while the plant personnel is present, Once the service is safely disconnected, the shut-off valve shag be plugged. Remove tt~e abandon lines from the south wall and from the bridge. Nv pipe demolition is to take place within the glass factory. 3. The IiVAC system which supports the PSL Storage Area will be removed and relocated by others. Elect_rica[ Demolition Scaae of Wark. 1: All electrical servives within the building are to be removed; except for some cxsnduits and cable tray that are routed along the south wall and southwest corner of the building. See owner's representative for identification. 2_ Panel PP-REG, located in the reclamation bldg. 7813 is fed via. the Red Doar sub. This service will be re-fed by others from a new location. before removal of Red door sub. 3. Remove Red hoar sub and associated power distribution equipment and feed from Switchgear D. 4. Transformer Ti a will be replaced by a new transformer with a new feed by others. Once the new transformer is installed, the removal of the existing feed to TransformerT-40 can be acoompiished in assosiatian with the removal of Switchgear D. 5. Once incoming and Outgoing feeds have been reworked by others, remove Switchgear D. 6. Remove de-energized d.ry type transformer in the small basement located.in the southwest aorrter. 7. The pull box far conduits to SwitchgearA & Switchgear B atthe' north entrance to the bridge will remain and will be reworked by others. This pull.box needs to be protected from weather prior to the demolition of the building. 8. The HVAC system for the PSL storage room shall be removed and reused in ttie reelematian bldg 78B 6y others. 9. Remove the following electrical systems complete within the existing bldg. a. Miscellaneous power equipment and devises li. Interior & exterior lighting systems. c. Auxiliary systems (i.e. fire alarm, public address, etc..} d. Voice 8~ Data systems e: Bldg. grounding. system except grounding associated with south wall, west su65tation, Switchgear and bridge. Drawin-g l_is# prawing G-38E4 Sheets CE-Q01 Site Plan CD-001 Foundation Demolition Plan CD-0a2 Foundation Demolition Plan SD-na1 Steel Demolition Plan SD-002 Steel Demolition Elevations MD-001 Fn: Protection Plan. (Reference Drawing) ED-001 Electrical Equipment Site Plan (Reference Drawing) i, ~ . I - $ ~ - - - c l.,.a ~ _ . _ ~ 11 ~ - I I ~I . yE ~ ' - +I I r II f ~ } _ ~ I I1~~ Fjlye e n : Via. 1 , ~ ~ i I C' . ~:•~I { I ~ TII~:T.:T: ~"__-a-rr.-+~: -r .~-r. .tre T-c-~r-ry-r~.-,.~ 4 _ I 3 I~ ~ .Ill I -r.-. ,ti ' „ I,. 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I ~ I I I I i jr i I I I I 1 - + . ~ ~ r I F _ _ , I I ~ ~ . I - - 'b T~ ~ II I I ~ I _ ~ I i ` , I h I , I I 5 ~ ,•LI f s ~ I I I s I I I I s I i I ~ -!e. ~ I I I - I I I'I ~ei I t ~ - I , F I L ! ' '~I~', ~ ;i I ~ 3e , t I I I Fi i - . ~11 - II II ~ ~°-t- rj I y I ' I'~ . I - i - ~~I. r. 1. II~;i ~ - i 'r ~ ~ ~ ~ III I:n . ~'1~~L7~L i-.i~H - -I - ' I 1! II ~ I is I d I ~ ~I II ~ I I I +~'1I: III r I I I ~ ~ I !I ~I I I ~ ~ ~'Li3 I' I ~ I ~ .I II I 'r`',. . L.,.:::. - ;I- uv APPENIaIiC A PRWECT DESIGNER'S LICEAI5E ~Hureau VerNas ProJed No. 3tD06-008729.01 i ~a~oroa~ nor sa i i r e B1G PRDPpSAL NORM, Regulated 6uildtng Mafoerials Abatement and Demolition Project -Bulldings #7lt Plant#23 Owena-Brarkway Glass Cor#ainer Ino. 2501 Frukland Avenue Vernon, Cstifarnia for Owens•Broakway Glass Canlailnc. l=our Q-I Piasa One illichael Owens Way Perrysburg, Ohiv 43551:2988 I j 5ubmiEted by, CiaT Environmental, Inc. ' Address: 4i7A Nortb Berrp ~traet:, Brea, C/s 92827. Date' July 17, 2ta08 telsphoneNumkier. f'F1.4) 672-35D0 SCO The underii~ned heiabat prnposas tD famish al! labor, ~gaipmen#,. materiats and svppAes hecifssary to perform the Scope of War?c to tl1e Contract Documents by the prors3dures described herein. The Confractor, b5' submitting a bid for #h$ work, represents itself as knvwlsdgeable.and err expertfn the performance cf the word and includes all the+gs usually and custornarlty necessary to prouide a cornpiefe and finished Job, whether specifically mentioned ar not. The contractor is responsible for v®riEyirtg quentiidas and site mndiiians in thg field before bidding. Any questfons aboutthe seeps yr clarifications shelf kie oiztafned from the Project Assigner prior to bidding. .Any inlsrpretefions of tfie design documents still only be nfade by the Project Designer, , 'Work is required for the abatement of all identified ragutated bufiriirt8 materials lncluiding asbestos, lead- kiased pairi# in pocr.aondition, PCgs, mercury, ahd misGelianeoiib chamicais.within the Project Manual, detect July 2, 2(}118. Tke undersigned egress to conduct work lit. strict aoeordartoe with the PmjeCt Manual, dated.,luly 2, 2008. prepared by Bureau lieritas North America, inc.. 6820 l4ofi l;es+Ear Pa'rk+naY, Suite Z1ti in Pleasanton, Caifiemia far the sums indicated below. Ababernerrt Tiinoframe All base bid abatement work and ci$am,lp must be compk:ied within 15 warkingtlays after ini4ia4ion of abatement.aciirAty following. the ten (10}dayraguiatory notification. Wnrk shifts wit{ begin off®r 7Ab,41v1 -and mustbeocmpieted by S:OOPM. Bid Farm 5 bureau veiffis l?raJa¢F Nu- saoss.oae~.ai bid Pnpaal Fnrtn 1 I - BASE PROPdSAL PRIG ~ ~ 1) Remove and dispose of ail esi7eshas-cot~talning ma~riais~ mercury- ccntainirrg light brbes; Pt~•corriaining IighiE ballasts, iearl.hesed patnf in poor cpndifi?n, and miscefieneous. chemigals Fr Hutld'rngs #74. ~ i59,B0[#.90 Proposed7lme Frameid Calendar Days Farts Pive_ {~k5? 2) Demdish struEtures and properly riispvse pf all debris. g 27$,0©0.00. Sahrage,Credit $ (lAQ,Oti0,OQ7~' Praposed'rim~e fireme.tn Calenear Days forte five (k5) Net Demolition Rrice 138,000.(}0 tliNlT RATES iigurry rate for proyiding wafiaers and supervisors for additional n~movel ?f asi~es~s-wntakning meterlals riot specified in Ula Technical SpeeiflCations. Bld must also include retrs for addltiorml cubic pates of • a.~estvs•containing waste remdved from site. Job ClasstRcefione~Add~lsanal BId Item Fiorefv Rate Worker $55. ~ uer hour Supervisor ~bS.00 nerhour Handlir~ and Disposal of Rsbest?s Warta $4l) • 00 oar bag Pdditipnai site moblfrzatitinkJemoiiliiration 1 0 t).0 rmobldemob ~'Tlie salvage credit. is based on current market prices. GBT is willing to provide additional credit if salvage prices are itigizex during the .project execution time. laid rnrm s Buweau Vetitas Pru~ecl Na 34~0&Q08725.04 B~tl f'~GOOaI ~9rm ADDENDA ACKNOWLEDGNfENT Acknowledge receipt of ail Addenda reaelvsd' below by rn.ant+er and Mats: .Addendum No. hats Addendum No. Qate None xecaived_ IF AN INDIVIDUAL Lnrtg-ltand.Signatucs nfi 8lddar. Doing Bueiness As: - Businsss Adtfro5s: F A PARTNEFFSHIP Name of F"irrn: ~y: i3usiness Address: At#ach sheet with Utho names and addresses df all m~nbers of the partnersFilp. Bid Farm 7 Bissau Vedtas Protect M1lo. 3408.008726.01 81st prcpasal Form IF k CORP,Q1iATION Corpot`ate Name.:.. 65T Enviransnantal; Tnc. State of Into ~ Ca].t.fornia gy; Co¢powate SeaE Deep ~lstewslci Qi~e (Presitlenf) Business Address: 4~ North Berrp Street Brea CA 9282I Names 5ubhas Rhara (President) of _.losepli ~ttelstowski - (S~cretary} pFtoars :Joseph 'Chef tosiski (Tr~asur@r) ATTEST: 45e Bid Farm 8 Bureau Veri~s.Proj~cl Nc..3M1608.069725.91 ~M PmP.osal Form o€n~u:wuncml contrxmrs 'Jcenses cGC11.851u • ASr~STOS n(ro LEAD ASAlEy1~NT 1n329 • lwzneL~ous r MoL,y IcDLanora ENVIRQNfv1ENT~IL, iNC bctober 14, 2008 Randy Phillips Qwens Etrackway One Michael Owens Way Perrysburg, OH 43551-2999 Re: bwens Broclnaray's Vernor?, Cali#omia Facility - "Concrete to be crushed on site" Dear Mr, 1'hillq~s, As discussed, CST wild provide a credit of $24,000..00 off the previous Vernon Slid Proposal to crush and spread the clean concrete at the Vernon job site. All of the crushed material will be oansldered clean fill and free of floor #ile and other miscellaneous. materials. Should you have. any questions regarding this matter please feet free to contact me: Si ly, i iI Truedi er Director National Sales & Marketing 941.993.945$ Dell 941,947.3660 of€ice ptrued inger~cstenv. corn lOL1 fI IIE:17 ~lYl kill' 1tE51 dW1liM I~Ni. t4 :•f:L1S N+I '.44t) 9tl/~ibbU Jot fain rdY 1!rti SF'fCIALILIN4 I\ l2LA~1C/111K7ry 4\I!7 :~IVI'IRU~M(tirdl SFRV t:LS I,y} .t 1[.I II• llYlr l', . rl,ll Sl iiN . f1\ IN's\I I~~u • X41! I, 1.r . la9Klul~l '.'NI Ih I~rr 1 r ~ E~ ~ ~ ; ~ ~r ~ ~1 ~ r ~4t ~~~r~ ~-~ti- OFFICE OF THE CITY ATTORNEY - Jeff A. Harrison, City Attorney 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 Fax (323) 826-1438 May 18, 2009 VIA MESSENGER Ms. Tina DeBow Senior Advisory Escrow Officer _ North American Title Company 101 N.-Brand Blvd., Suite 1800 Glendale, CA 9.1203 Re: Owens-Brockway --5120 S. Soto St., Vernon, California Escrow No. 233571-TD -Dear Tina: Enclosed please find the signed Certificate of Acceptance for the Quitclaim Deed in the above-referenced escrow. If you have any questions, please do not hesitate to contact me. Sincerely, Ur/` ~e f A. Harrison -City Attorney JH : j 1 Enclosure cc: Nelly Giron, City Clerk (Resolution No. 9897) (w/Enclosure) ExcCusiveCy IndustriaC CERTIFICATE OF ACCEPTANCE This is to certify that the Quitclaim. Deed dated May 11, 2009, from Owens-Brockway Glass Container Inc., a Delaware corporation, for property located at the southeast corner of 50th Street and Soto Street, City of Vernon, County of Los Angeles, .State of California (APN 6303-029- 015), is hereby accepted by the undersigned officer(s) on behalf of the City Council of said City pursuant to authority conferred by Resolution No. 9897 of the City Council of said City adopted on March 23, 2009 and the City consents to the recordation thereof by its duly authorized officer(s). Date: May 18; 2009 The City of Vernon Name: Hilario Gonzal s Title: Mayor ATTEST: Manuela Giron, 'ty Clerk ,APPROVED TO FORM: Na Jef .Harrison Ti Cif .Attorney ' ~ ~ 1. f ~ ~ 3 - ~ ? i"~~i 11a ~ ; s'tei~;-tn~''" ~ , OFFICE OF THE CITY ATTORNEY Jeff A. Harrison, City Attorney 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 Fax (323) 826-1438 May 12, 2009 VIA FEDERAL EXPRESS Ms. Tina DeBow Senior Advisory Escrow Officer -North American Title. Company lOl N. Brand Blvd., Suite 1800 Glendale, CA 91203 Re: Owens-Brockway --5120 S.-Soto St., Vernon, California Escrow No. 233571-TD Dear Tina: Enclosed please find the signed Estimated Settlement Statement, Preliminary Change of Ownership-Report and Escrow Instructions dated May 6, 2009, for the above-referenced escrow. If you have any questions, please do riot hesitate to contact me. Sincere y, Harrison ity A torney JH:jl Enclosures cc: Nelly Giron, .City Clerk (.Resolution No. 9897) (w/Enclosures). ExcCusiveCy IndustriaC Amended: Tuesday May S, 2009 10:59AM Property: 5120 SOUTH SOTO STREET, VERNON, CA File No: 233571 Officer: Tina DeBow/td New Loan No• Settlement Date: Disbursement Date: 05/15/2009 Print Date: 5/5/2009; 11:01 AM Buyer: City of Vernon Address: 4305 South Santa Fe Avenue, Vernon; CA.90058 Seller: OWENS-BROCKWAY GLASS CONTAINER INC. Address: One Michael Owens Wa , Pe sbur , OH 43551-2999 Char a Descri tion Buyer Char e Buyer Credit Consideration:- Total Consideration 4,888,516.00 De osits in Escrow:` Recei t No. 147108 on 04/23/2009 b Ci of Vernon ~ 100,000.00 Recei t No. 146726 on 03/30/2009 b Ci of Vernon 100,000.00 Title/Escrow Charles to: Endorsement-103.1 -North American Title Com an 500.00 -FA31.-1 Endorsement -.North American. Title Com an 500.00 Courier/Overni ht Fee -North American Title Com an 50.00 Title re ort on ad'acent properties -North American Title Company 800.00 -100.24 Endorsement -North American Title Company 500.00 U grade to ALTA Owner's Policy -North American Title Company _ 1;282.50 Escrow Fee -North American Title Company ~ 1,711.15 Miscellaneous Recoidin Fees -North American Title Com an 200.00 Disbursements Paid: _ _ refund due buyer/.excess funds deposited to Pad (Refundable At Close _ 1,000.00 Cash (X From) (To) Borrower 4,695,059.65 ' Totals 4,895,059.65. 4,895,059.65 Notice: This Estimated Settlement Statement #3 is subject to changes, corrections or additions at the time of final computation of the Settlement Statement. Buyer(3): City of Vernon a-body corporate and politic By: rison, City Attorney t3f~1_ s~z a (Front} izev. 1Q ($-0i) • PIRELZMINARY CNANG~ OF OWNERSHIP REP.QRT FOR IIECORpER'S USf DNLY [To lse c~mpl~eted by transferee (buyr~r~ or: to.transFer'of subject property in aceardanee with section 4•$U,~. of the Revenue and Taxatlpn e.J~A PFeliminary.Change of L7uVne~ip Reportmust be filed with each CprnreXarece in the County ReCoi''der's Ol'fioe fol'. the county whehe the Property is loca[ed; LhiS particular firm may be wised in ell 5f;i Qoun<ies oFCaN~mia. . 7HI5 REPORT IS NaT A PUBL>tC ~OCUMlEfi1' SELL£Ct/7RANat~ROR: OWEhiS-BitOCK'WAY CsLASS fx7NTAiiNER INC. BUYEiIJ'1RANS~i ' Ci>iy pf•Vernanl . A55ES~7R~ PARCEI. NU~M8~4t(SJ: iPartioin of 6303-079-Si.3~ PROPERLY ADDRESa Ui't IACA1'ION: 517p SO>!J!7'H SDTO STREET YEiiNQiY, CA 90058 MAIL TAX INFflRMATIt~N TO: Name: Leff A; Nan`HSnn Address: 43.05 Santa. Fe Ave., Vemon, CA 9Dt)58 Phone Number (S~~a.m. 5 p.m.}: (323}583-$81~j NOTICE: A' lien for property.taxes.applfeS:M your ~rap~iy on January 1 of each • far the taxes owing in ifie fplloyting fiscal year., ')u 1 thro June 3U. one-half of tltiese tafoas' is. diie Navemti@r 1, andone-naIf is due Febniary 1, The Tirgt -insYellment heco~es delinquent on ~eoem6er 10, and die seconifinstallrtteraY i~evomes delinquent an 1Cpttl 10. dne~ tax hill fs: mailed before Noveinber~ 1 to. the ,nwwner o><` recprd. You may b+e resppnsit~ie fior the current or upcoming p'ropelrfy taxes ~rerr K you do not reaeWe the tax hill. e' property .whiff you a~q~ired, be sup' tq; a p~lerrlenlal alrsessrriQnt in an amount'i~o he tfetermined tsy ttte County As~ssor. For further irtforntatian nn your supp~eme[~tal mill .obligatiart~ Coif time Courriy Assesmor's Clff~ce. PART is TRANSFER INFflRMA'T1KQN ~ • se ansxveraA Yes Np Q A. . is this transFer ~sotety kin husband and. wife (addlgart of a spouse,, death of a spo dlvorae settlement, etc}? ? ~ 13. IS this tt~nsaction only a'aorrection of°r}~e name(s}•of tJie person(s) hoklnq titfe•to~ (for example, a name change upon • marriage}•? Plea:9e Qxplain ? C. Is~thisdocunletttrec4rd~ad to craate.verminate, ar reaonveya lender's~inte n the•pro ~ ? D. Is this transaction retor'aied onlyas a requirement~forlfnaricing~purpa~ses fin '.cote, . . , ar t~arivey a secaxity interest (e,g. e:osigner}7 Please explain ? is this•document recorded to sutetftrtte a tn.istee of trusx, m , or milar dodiment? ? F. • Dld Ibis tranSfitir result'fn the creation of a joitrt beiiancy in wiii seller )remains ~ of the joint tanarris? ? G. Qoes this. tnnsfer'r+2tum' property ~tli the person who jni naniy original tra ? . H. . Ts'thfs #rar>~ of property: ? ? .1. to a revncatr!fe trust that may kit reugolced tra and is fnr ti'ie Benefit. ~ trans•'Ferar ? transferor's spouse? ? ? 2. t!o a trust that may be ra?raired by the' ~ r( ntor w is also a joint and wtiieh names the other jair?t tenant(s) as berrefidaries when the Creator/~.ra dles~ ? ? 3. to.an iri+evoca6le trestfar CreatorJGrantor ar ? .Grantor's spouse? ? 4.. to eri iirevocatilee trust idi flit rty its tts the Grantor wiMtln 1z years? ? I. If thy. prooperty Is S'l1 ed to'a I le,• is the. levee tierin`3 ar mcre iitduding vrtitt~ options? ? ? *J. Is this a transfer .arerit(s)~.and children} or from grandparenits) bo grandr~iUd(ren)? ? Is thts tra ~replacea by a 5 years•of age or~older7 IAlitisln the a ~osruity7 Yes • o ? *L Is lhts coon to replace a I resident:e wtw i5 severely, dta.abied as defined by ftievenue and Taxation Code 9eition iri same courtly 'yes N6 ? M. Is tra: . solely txtveeen partn' ~ registered with the Caiifortia Sea+etary~of state? *If you c~lecked yes io ; you qualifjr far a pro. ~ rnent exdasion, which may result in Lower taxBS on your property. If you do-not file a claim, your be regd. • Piease~p+Ywide any other alio• t would help the bo unders~nd the n2ture oPti3e•b'ansfer. If tfie~odnveying document ~an Qxelusaort nge• in ownership~as deSned in Section fit of.the Revenue~and Taxation Cade fior any teason :other than those listed , ~set.fpr[h the' • c exdu~ivns claiiilted: Please airav~r all q:eesWim In each sectidn. ~I!'a questfwt does ttot apply, intiirmte wlth `N/A.' Sign anti Dalae at botborn of ceonnd page. - - PART II: O'1i'HER TRANSIFER`IIVI~DRMATION ~ A. D~ of~t]rarts[er'if other tlfan recording date i3'. T of transfer. ~ , dxratr app,~riale 6ox): • ~ Purchase ~ForecJosure ? Gift Trdde or lxchartge ? Merger, Stout, or Partnership Acquisigon ? Contt~t~ of Sale - i~te of Col?hadt ` ? Inher}tanae - L7a~ of ? '.Other (peleaba' QeatiDn'Qf a Lease ? Assignment of a Lease ~ Termination of a Lease ~ Safe/1.~a5ebactc DaDe lease began . . ? i7ri~inal tem>E in years (including writi~n options) ? Rerrlaining term hi years (including writiteri opdonsy ' Monthly Payment ~ itemaining Terre; C. Was only a partlai intent in the property bansierreci? ? Yes ~ .No If yes• indicate the percentage transferred 96. 130E-502-A (Bactc]' Rev. I,Q~(,B»0~ . srile.Aaor's PanaellYumbe?~sJ: Pipr~Inen c?f6~303 9~s3 _ Pleases arm tg the test nflroCrr knarvlec~ abra~i6~able~o~ t7ken sitla~'a?d~a6ata° Ifa ~r dogs nat'avply tinaGcate w,7h 'tY/.4.' . PART III: PURCHASE PRIGS ANQ TERMS OF S#LE A. CASH DOWN PAYMENT OR'v~lue of .bade or.•~cehat?9e (exams Cvsts,? •Amourit $ B: FIRST DEED DF TRtJSf ~ 9b: interest for years. pymis:JMo. (Prin. Iiit. only) Amount $ ~ Discv~urlt Pa.~ts} ? Fined rate ? New load n Conventinna) ? Variable rate ? AsSUtried existing loan iaalar~ ? VA( Daunt Paints) All indusi?re p.T. Wrapped) ? gattk or savings & loan +Gai-Vet ? moan carried tsy seller ? Finance caapanY ' I3allagn payment ? Yes ?.'Np Due Date Amount $ SECQAtD DEED'QF TRUST Cc$ 9b interest far ~ years. Pymis.~Ma; _ (Pdn. l~ Wit. only) Arncwr~t n Bank or saviix~s:>k loan ? Fixed rate ~ New loan ? l.oari carried by seller Variable rate As~crued'e~iistim~ loan balance' Ballotm payment ? Yes ? Na Due Dabs ~ Amount $ D. OTHfR FINANCING - Is other flriandng involved .not s7onered in (b) and (i:) abov$? yes ~ ? Na Amount $ T ~ 9~o interest for years. Pymts.JMo. = 3 (Prins & I~'only) Bank orsavings &~-loan ? Fixed rate New loan ? loan carried by seller- ? Varr~ble rate ~ Amu e)tistittg loan balairot3• . . Balloon payment ? Yes ?.Nv Due Date A'm~aurrt $ E. WAS AN IMPRt}VEMENT BQN~ ASSUME['? BY THE t3UYER~ ? Yes ? No t7lutstandirtg ltalariae: Arriourot ~ F. TOTAL PL1Rq'IASE l?RICE (rfi?'acih'vn Ifbaderlasre~.hairg~ lnecl~?cle:t~+alestate • 5 RrO-Ui GH.k $ G. PROPI=RRTY F~RiQfASED ? Through a broker ? Direrct from Seller ? Frairti "IY l_! (P i~~-_ numbs u~rchased.thn~rgli a'broker, provide broker's name~ant! phrxie Please explain any.special tt'rrr>s, seller (:otiee'sslvns,'ar Bnandng;and ny ~ ln. tiorl •at wb>rfd Assessor understand .t}ie purchase price arxt terms of sate: P R'1'Y INFO . A. TYPE OF PROPERTY TRANSi=ERRED: Single-family e~idenc~ ricuitural ? Timeshare Muflpte-f~nily •residerx~ (no. of units: ~ n C,amrnetdatJLxlustriai ~ ' ? Manufactured home Ci#tier (Desc~lption: i.e., timber, mi f w 'rights, Unimproved tot 8: LS~THIS PRQPER':iY W!'ENDEI] AS Y .R' ? If yns, •.enter date of ocarpancy . ~ nr•intended'dctuparicy t 2l} C. IS PERaONAL Pl?APERTY U IN PEIRCtIAS .PRICE (I i6ure, farm i •'t, macttit>ierjr, etc.) (vttiter tl~an,e mono ' subj' ba local ? ? Y:es• If yes, enter the vatu ~ tty Intl ' • e purchase.price A (ttrrch fterrrizad •1~h df pe~rral~ . D. IS' A MANUFACTURED' IN ~ DFD IN Ptl l~{tlt:Et~? Yes ? No If yes, how much of the price Is a! ~ ' do the manufactured home? Is the manufactr~red home 'Lo• local property L'ax?? Yes ? Na What.is tEie decal numb? E. ~ THE PROPERTY PRQDUCE INCOME? Yes ? No if yns, is the inrorr~ from: . ? L®ase~Rent ? Contract ? Mineral. Rights ? Other c F. WHAT .WAS ~TFlE CONDIlIOIV OF PROpERIY AT THE TIME ~ ~SAI.E? . C,ood ?•Average • C] l=air . ? Poor Please ei~lain the phVSical oonditlon of the prnpe~#.y'and pro??lde any atirer inforrria~rr (soh .as testrictfons, etc.]' that would assist the. Asse~gr-•in de6ermining ttie•rrd of f#~e prpperly: • CERTIFICATION OWNERSHIP TYPE Q . Proprietorship ? , Pattriership ? ~t.~fYtt~t#he L~~,e;bu~, cnirrectarad~c'~?Jfpl~te'tr~~b~t~f'rrryknowlandt:~dlef. CcrpQration. ~ Sri/s~nr~nyaon~a~ahann'?Yc~•pracverand~orparb7~: Muniapahty rinHtE of luEw awr+i:lycois~aRare C1FflCER~ Jeff A. Flarri5on 7111.E ~ A~ $ICsN iJ OW aaRi~oRa~ OFFICER ~ Ai1TE ..t zoos iVAf~tE 0 (t3~ FEpEitAL EMPLQ~lER Iq NlfM6ER ' Uf V oq. ADDRESS (ty~d..arprimed} PitQN@ HUMB~L (a:a.m~. -5p.m.J E-w1A1t-•ADINtES'S (ate)} 4345 Santa Fe Avenue; Vernon, California 90058 (3T3)~83-g$1.1 • Aster qaeMftA[t you . Yf a document•evidencinp a ri~ange ov~nierahip Is prosenb d to tlle~ reoorda for recadeifnn wtttwuC t>se concuri+ent flHni3 of a preliminary change of owneryliiP reporti the n:aoe!der nury dglr'p@ &i1 addMlonal fee a[ twenty dollars. (;20)• Date: 05/06/2009. Escrow Number: 233571-TD Page 1 of g NORTH AMERICAN TITLE CCJM PANY Like Ctockwork~ TO:' North American Title Company ESCROW OFFICER: Tina DeBow 101 North Brand Blvd., Suite 1800 ESCROW NO: 233571-TD Glendale, CA 91203 DATE: May 6, 2009 (818) 240-4912 Fax No; (818) 551-5327 Property address: Portion of 5120 South Soto Street, Vernon, CA 90058 Portion of APN: 6303-029-015 The attached copy of the Commercial Real Estate Association, Standard Offer, Agreement and Escrow Instructions for Purchase of Real Estate (Non-Residential) dated March 16, 2009, together with the Addendum (hereinafter referred to as - the "Agreement"), shall constitute your escrow instructiohs. The following instructions are given you to utilize said "Agreement" as your escrow instructions, which are as follows (in the event of a conflict between the Agreement and these instructions, the Agreement shall control): 1. -The date to be considered as the "Date of Agreement" as set forth in Section 1.2 and in other referenced areas of the Agreement is hereby. established as being March 27, 2009. 2. The "Closing Date" as referenced in Section 1.1 of the Agreement, is hereby-confirmed to be May 15, 2009. 3. Escrow Holder is hereby authorized and instructed to order a natural hazard disclosure report from JCP/LGS; at Seller's expense, to be paid at close of escrow, from Seller's funds, in the approximate amount of $89.95, and deliver or cause to be delivered a copy of the same, through escrow, to Buyer and Seller for their written acknowledgement of receipt of the same, within the time period specified in the Agreement. Escrow's duties with same are limited to the duties set forth herein and nothing else. 4. Seller and/or Buyer will deposit or cause to be deposited the following described documents (properly executed and in recordable form), at least three (3) business days prior to the expected closing date as referenced elsewhere herein. Escrow Holder is hereby authorized and instructed to record, or cause to be recorded at the closing, the following described documents; and is further authorized and instructed to cause the same to be recorded in the following order upon confirmation that North American Title is prepared to issue the title policy in .the form of the. pro forma dated April 3, 2009, order no. 6022816-62: A. Re-recordation of Covenant and .Agreement; B: Substitution of Trustee & Partial Reconveyance and UCC Financing Statements from Deutsche Bank Trust Company Americas (f/k/a Bankers Trust Company); C: Grant Deed/Certificate of Acceptance, executed by Seller and Buyer; D: Certificate of Compliance,-executed by the City of Vernon; E: Easement Agreement for benefit of OI, executed by the parties named therein; F: Easement Agreement for benefit of City and Certificate of Acceptance, executed by the parties named therein; G: Termination Agreement to terminate, solely as to the property being purchased by Buyer, the Covenant and Agreements as recorded 2/10/2004, as Instrument No. 04-0296184 and 04-0296189, of Official Records; and H: Quitclaim Deed, executed by Seller. in favor of Buyer; to release and. extinguish any and all rights Grantor has in and to the three easements described therein, with two easements being filed for record Dec. 1, 1947, as Instrument No. 1103, and one easement being filed for record February 10, 1948, as Instrument No. 3169 and as more particularly described in the said . quitclaim deed. Date: 05/06/2009 Escrow Number: 233571-TD Page 2 of g 5. The Buyer and Seller acknowledge that depending on the type (commercial and/or industrial) and location• (city) of the subject real property in this escrow, there may be disclosures, as well as civil ordinance requirement(s) that would affect the transfer of the real property. Escrow Holder urges both the Buyer and the. Seller to seek appropriate counsel to ascertain what disclosures/civil ordinances requirements and will comply with the same .outside of escrow. Unless otherwise instructed in writing by the parties regarding these matters, Escrow Holder shall have no responsibilities or liabilities in connection herewith. 6. The foregoing terms, conditions and instructions, including the "General Provisions" identified as-items 1 through 31 hereto, (as if fully set forth herein), have been •read and are understood by each of th.e undersigned, • who hereby agree to, concur with, approve and accept the same in their entirety. In the event of a conflict between the General Provisions and the. Agreement, the Agreement shall control.. 7. At the close of escrow, from funds accruing to the account of the Seller, Escrow Holder is hereby authorized and instructed to withhold the sum of $500,000.00,~(the "Holdback Funds', in accordance with the provisions of Paragraph 31 of the Agreement. In the event interest is to be earned on said Holdback Funds, during the period of time the funds are. retained by Escrow Holder, a W-9 form will be deposited prior to the close of escrow. Absent of the receipt by the Escrow Holder of a completed W-9 form, at close of escrow, there will be no liability or responsibility on the part of North American Title Company to compensate interest on the Holdback Fuiids, if the funds do not earn interest during the holdback time due to the lack of the form being provided Escrow Holder. . 8. Upon recordation of the grant deed that conveys title to the subject property.to Buyer, it shall conclusively be presumed- by the Escrow Holder that any and all due diligence. matters, and/or agreements between. Buyer and Seller to be completed prior to the closing, have been satisfactorily completed, and that any documents delivered to Buyer and Seller outside of escrow, without delivery by Escrow Holder through escrow, have been received by Buyer and Seller, or the receipt of same has been waived by Buyer and Seller: 9. Paragraph 9.i:of the Agreement, related to real property taxes, is replaced in its entirety with the following: • Within 5 business days following the close of escrow, Escrow Holder is hereby authorized and instructed to prepare a letter and forward the same by regular mail to: Los Angeles County Assessor's Public Acquisition Department, 500 W. Temple Street, Room 153, Los Angeles, CA 90012, Attn: Sandra Curtis,.(return receipt .requested), together with a copy of the recorded Grant Deed, notifying the county of the take, as to a portion of APN 6303-029-015 and the closing of the transaction for the property conveyed by said. Grant Deed to the Buyer. Escrow Holder shall provide Buyer a copy of the confirming acknowledgment, with in 2 business days of receipt of . same, from the tax cancellation unit. • 10. Buyer's signature on these instructions shall confirm that all contingencies have been removed. • • GENERAL PROVISIONS 1. DEPOSIT AND DISBURSEMENT OF FUNDS/CHECK REISSUE All funds received in this escrow shall be deposited with other escrow funds in a general escrow account or accounts of North American Title Company, Inc. (hereinafter referred to as "NATC"). with any state or national bank or savings and loan, and may be transferred to any other such' general escrow account or accounts. Said funds will not earn interest unless specifically instructed. NATC shall have no obligation to • account to parties in any manner for the value of, or pay to parties, any benefit received by NATC, directly or indirectly, by reason of-the deposit of the escrowed funds or the maintenance of such accounts with that bank. -Those benefits may include, without limitation, credits .allowed :by that bank on loans to NATC and on accounting, reporting and other services and products of that bank and earnings on investments made with the proceeds of such loans. Any such benefits shall be deemed additional compensation earned by NATC for its services as escrow.holder. All disbursements-shall be made by check of NATC. NATC shall not be responsible for any delay in closing if funds received by escrow are not available for immediate withdrawal. NATC is authorized not to close escrow or disburse until good funds as provided for in California Insurance Code Section 12413.1 ("A6512") have been confirmed in escrow. If any cheek submitted to escrow is dishonored upon presentment for payment, you are authorized to notify all principals and/or-their respective agents of such nonpayment. In the event any check(s) issued through the escrow or subescrow process,. per the attached Sellers/Buyers/Borrowers Statement, are uncashed or unnegotiated ("uncashed") for a period of 150 days after NATC's original issuance of such check(s), then NATC is authorized and • instructed to cancel such check(s) and reissue to the same payee(s). The undersigned, both for himself/herself and for any third party payee(s), recognize(s) that NATC incurs significant expense in tracking uncashed checks, canceling and reissuing checks, and maintaining bank and accounting- records of such checks. Since these activities by NATC would be additional services not otherwise contemplated and therefore not compensated by NATC's other fees and charges as shown'on the attached Sellers/Buyers/Borrowers Statement, the undersigned Date: 05/06/2009 Escrow Number; 233571-TD Page 3 of g . acknowledges. that a reasonable charge by NATC for such additional services is and will be fifty dollars ($50.00), which will be deducted from the payee's reissued check(s). In the event NATC is requested by payee to cancel and reissue any check prior to the 150 days, NATC is authorized to charge $50 as its fee for such service. If the original canceled check is in arramount of $50 or less, then NATC is authorized and instructed to charge and pay to itself as its fee the entire amount of the check as canceled. NATC has sole discretion and authority to determine-when it may be proper not to charge such $50 fee for these services. If any uncashed reissued check also remains uncashed for a period of 150 days, then NATC is authorized and instructed to process the remaining funds for escheatment to the State of California, in accordance with NATC's customary escheatment procedures. 2. CLOSE OF ESCROW " The phrase "close of escrow" (or "COE" or "CE") as used in this escrow means the date on which documents are recorded, unless otherwise specified. 3. DELIVERY, RECEIPT AND NOTICES All written notices, communications, changes of instructions and documents intended for NATC are required to be delivered timely at the office of NATC as set forth herein. Delivery to the parties as used in these instructions is to be by regular mail, and receipt is deemed to be 72 hours after such mailing unless otherwise stated herein. All documents; balances and statements due the undersigned are to be mailed to the respective addresses shown below, unless otherwise directed. Delivery of documents by Escrow to a real estate broker shall be deemed delivery to the principal. 4. PRORATION, ADJUSTMENTS AND DEMANDS Unless otherwise specified in writing, all prorations or adjustments are to be made as of close of escrow on the basis of a 30-day month. NATC is to use the information contained in the latest available real properly tax statement, without regard to any reassessments or' subsequent changes. Real property tax bills or statements issued after close of escrow shall be handled directly between the parties outside of escrow. NATC is instructed to assume and shall be fully protected in assuming that all information (for example, association fees, rents, rental deposits, insurance; insurance premiums, beneficiary statements) provided to NATC by the parties or their agent(s) is correct. NATC is authorized to pay all encumbrances necessary to place title in condition called for herein, including but not limited to prepayment penalties, without further approval of the" undersigned. Application of payoff funds: Should a check or wire be deemed unacceptable by lenders, creditors, lien holders or beneficiary of a Deed of Trust, you are authorized _to act on our behalf in requesting the funds, as well as-any balance in an impound account,. be applied towards the balance due. 5: SUPPLEMENTAL TAXES The parties acknowledge that the subject property may be subject to real property supplemental taxes due as a result of change of ownership taking place through this escrow; prior changes in ownership, or improvements of the subject property. Any adjustment due 'on receipt of a supplemental tax bill will be made by the parties outside of this escrow and NATC is released from all liability in connection with same. 6. UTILITIES, WATER, GARBAGE AND ENVIRONMENTAL ISSUES Transfer. of utilities, water,.and garbage service, or any interruptions or cancellations thereof are to be settled by the. parties directly and outside of escrow.. NATC shall not be responsible for any late payments or nonpayment of any of these services. It is acknowledged that NATC has made no investigation concerning the properly as to environmental or hazardous materials issues, and- NATC is released of any responsibility or liability in connection. with such issues. 7. POSSESSION Possession of the subject property shall be settled by the parties, and NATC shall not be liable or responsible for such possession. 8. RECORDATION OF INSTRUMENTS NATC is authorized and instructed to record any documents delivered through this escrow, the recording of which is necessary or proper in the issuance of. the requested policy or policies of title insurance. Recording Fees include charges for services performed by North American Title Company, Inc., in addition to ar estimate of payments to be made to governmental agencies. 9. AUTHORIZATION TO FURNISH COPIES " NATO is authorized to furnish copies of preliminary reports, inspection reports, escrow instructions, supplements, amendments or notices of cancellations and closing statements in this escrow to the real estate broker(s) and lender(s) referred to in this escrow. NATC may do so without incurring liability to any-party. 10. FIRE, FLOOD AND HAZARD INSURANCE .Other than as may be specifically instructed by lender, NATC is not to be concerned with nor make any inquiry as to any fire, flood, hazard and other liability insurance. 11. PERSONAL PROPERTY TAXES No examination or assurance as to the existence, amount of payment of personal property taxes is required of NATC unless specifically instructed.' 12. ACTION IN INTERPLEADER The parties expressly agree that NATC, as escrow holder, has the absolute right at its election to file an action in interpleader requiring the parties to answer and litigate their several claims and rights among themselves. NATC is authorized to deposit with the clerk of the court all documents and funds held in this escrow. In the event such action is filed, the parties jointly and severally agree to -pay NATC's cancellation charges and costs, expenses and reasonable attorney's fees which NATC is required to expend in this interpleader action. Upon the filing of the action; 'NATC shall be fully released from all obligations to further perform any duties otherwise imposed by the terms of this escrow. 13. USURY NATC is not to be concerned with any question of usury in the processing of this escrow and NATO is hereby released of any responsibility of liability.therefor. 14. CANCELLATION OF ESCROW Any principal requesting that NATC cancel this escrow shall file notice of demand to cancel in NATC's office in vvriting. NATC shall within a reasonable time there after mail or. otherwise deliver one copy of such notice of demand to cancel to the principals or their respective agents. Unless written objection #o such notice of demand to cancel is filed with NATO within fifteen (15) calendar days after the date NATC mailed or delivered the initial notice of demand to cancel, NATC is authorized to cancel this escrow. If NATC cancels this escrow, it is authorized to return the documents to the parties. NATC is, in any event, authorized to hold any money deposited in escrow until it is in receipt of mutual written instructions signed by all parties or the order of a court of competent jurisdiction, concerning the disposition of such money. NATC may return• lender's papers and/or funds upon lender's demand. In the event of cancellation of this escrow, the fees and charges due NATC, including expenditures incurred or authorized, shall be borne by the parties or decided by a court of competent jurisdiction. 15. CONFLICTING INSTRUCTIONS Should NATC receive or become aware of any conflicting instructions, demands or claims with respect to this escrow or with. respect to any Date: 05/06/2009 Escrow Number: 233571-TD . Page 4 of g .money or property deposited herein or affected, NATC shall have the right to discontinue any or all further acts on its part until in receipt of consistent instructions or until the conflict is resolved to NATC's satisfaction. In the event that any dispute between the parties is submitted to arbitration, NATO is authorized to follow the award or decision of such arbitrator(s), whether .or not such arbitration award.or decision is "binding" or "final". 16. TERMINATION OF AGENCY OBLIGATIONS If there is.no action taken on this escrow for any six month period, NATC's agency obligation shall terminate at its option and NATC shall be authorized to return all documents, monies or other items to the parties depositing same: This shall not limit NATC's right to withdraw as escrow agent from this transaction at any time. In the event of termination of NATC's agency obligations, the parties shall pay its fees,- charges and any expenses incurred. 17. RIGHT OF RESIGNATION NATC has the right to resign as escrow holder,. upon reasonable written notice, and it is acknowledged that five calendar days shall be deemed reasonable under this paragraph. If such right is exercised, NATC is authorized to return all funds and documents to the party vvho deposited them and NATC shall have no further liability in this escrow. 18. MEMORANDA NATC is to be concerned only with the directives specifically set forth in the escrow instructions and amendments hereto, and isnot to be concerned with or liable for items designated as "memoranda" in the within escrow instructions, nor with any other agreement or contract between the parties. 19. DESTRUCTION OF RECORDS NATC is authorized to destroy or otherwise dispose of any and all documents, papers, instructions, correspondence and other material pertaining to this escrow at the expiration of five years from the close of escrow or cancellation thereof, without liability and without further notice to parties in the transaction. 20. CHANGE OF OWNERSHIP Revenue and Taxation Code Section 480.3 requires that Buyers complete a Preliminary Change of Ownership Report (PCOR) for all deeds and other documents which reflect a change in ownership of real property. If such PCOR is not presented at time of recording, or is incomplete, a fee of $20 or as required by law will. be charged to the appropriate party. NATO is relieved of all liability or responsibility as to the validity, sufficiency or preparation of said PCOR. 21. INTERNAL REVENUE SERVICE REPORTING REQUIREMENTS The parties acknowledge that NATC may be required to report this real estate transaction, or aspects thereof, to the Internal Revenue Service. The parties authorize NATC to make such reporting as it deems necessary, and agree to hold NATC harmless from such reporting. The parties also agree to provideto NATC all documentation and information requested by NATC to comply with reporting requirements. 22. FOREIGN INVESTOR REAL PROPERTY TAX ACT(S) lJnder Section 1445 of the Internal Revenue Code as amended ("Section 1445"), the Foreign Investment in Real Properly Tax Act ("FIRPTA"), every- Buyer of U.S. real property must, unless an exemption applies, deduct and withhold from Seller's proceeds ten percent (10%) of the gross sales price. NATC is released from and shall have no liability, obligation or responsibility with respect to: (a) withholding of funds pursuant to Sectiori 1445, or (b) advising the parties as to the requirements of such section, (c) determining whether the transferor is a foreign person under such Section, or (d) obtaining anon-foreign affidavit or other basis for an exemption from withholding under such Section, or otherwise making any iriquiry concerning compliance with such Section by any. parlyto the transaction. State. Withholding & Reporting for closings after January 1, 2003: Under California Law (Rev & Tax Code 18662 & 18668) a buyer may be required- to withhold and deliver to the Franchise Tax Board (FTB) either (a) an amount equal to three and one-third percent of the sales price or (b) elect an alternate withholding amount based on applying the maximum tax rate to the seller's estimated gain, in the case of disposition of California real properly interest ("Real Properly") by either: 1) a seller who is an individual or when the disbursement instructions authorize the proceeds to be sent to a financial intermediary of seller, or 2) a corporate seller that has no permanent place of business in California. If the seller elects an alternate withholding amount, the maximum tax rates are as follows: (a) 9.3% for individuals; (b) 8.84% for corporations, and (c) 10.84% for banks and financial corporations. Buyer may be subject to a penalty (equal to the greater of 10% of the amount required to be withheld or $500) for failing to withhold and transmit the funds to FTB in the time required by law. Buyer is not required to withhold any amount and will not be subject to penalty for failure to withhold if: a) the sale price of the Real Property does not exceed $100,000; b) the seller executes a written certificate under penalty of perjury certifying that the seller is a corporation with a permanent place of business in California; or c). the seller, who is an individual, executes a written certificate under penalty of perjury certifying one of the following: (i) the Real Properly was the seller's principal residence (as defined in IRC 121); (ii) the Real Property was last used as seller's principal residence without regard to time beriod: (iii) the Real Property is or w111 be exchanged for properly of like kind (as defined in IRC 1031) and that the seller intends to acquire properly similar or related in service or use so as to be eligible for nonrecognition of gain for California income tax purposes under IRC 1031; (iv) the Real Property has been compulsorily or involuntarily converted (as defined in IRC 1033) and :the seller intends to acquire properly similar or related in service or use as to be eligible for nonrecognition of gain for California income tax purposes under IRC 1033; or (v) the Real. Property sale will result in loss of California income tax purposes. Seller is subject to penalties for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding laws: FTB may grant reduced withholding-and waivers from withholding on a case-by-case basis for corporations or other entities. For additional information regarding California withholding, contact the Franchise Tax Board at (toll free) 888-792-4900), or liy a-mail at urvvs@ftb.ca.gov or visit their vvebsite at www.ftb.ca.gov 23. DISCLOSURE OF TAXPAYER IDENTIFICATION NUMBERS Internal Revenue Code Section 6109(h) imposes requirements for furnishing, disclosing and including taxpayer identification numbers iri tax returns on the parties.to a residential real estate transaction involving seller-provided financing. The parties understand that the disclosure reporting requirements are exclusive obligations between the parties to this transaction and that NATC is not obligated to transmit the taxpayer identification numbers to the Internal Revenue Service or to the parties. NATC is not rendering an opinion concerning the effect of this law on this transaction, and the parties are not relying upon any statements made or omitted by the escrow or closing officer.. To facilitate compliance with this law, the parties to this escrow hereby authorize NATC to release any paity's taxpayer identification number to any requesting party who is a party to this transaction. The requesting party shall deliver a written request to escrow. The parties hereto waive all rights of confidentiality regarding their respective taxpayer identification numbers and agree to defend, indemnify, and hold NATC harmless from and against any fees; costs, or judgements incurred and/or awarded in connection with the release of taxpayer identification numbers. 24. "FAX/ELECTRONIC" TRANSMISSIONS NATCis authorized to accept and rely upon instructions and amendments thereto as such may be submitted via facsimile machines ("FAX") OR electronic media .The parties hereby agree and instruct Escrow Holder to rely upon such documents bearing original signatures. The Date; 05/06/2009 ~ Escrow Number; 233571-TD Page 5 of S , parties hereby agree to provide to Escrow Holder the original documents within 72 hours of transmission. The parties further acknowledge and agree that documents necessary for recording by the County Recorder must contain original/notarized signatures, and therefore, non- receipt of the original document .(s) to record can delay the close of Escrow. 25. AGREEMENT OF CO-OPERATION (Unjust Enrichment) In the event, that any parry to this escrow received funds or is credited with funds that they are not entitled to, for whatever reason, they agree upon written demand, to return said funds to the proper party entitled or to the escrow for disbursement. •In the event that suit is brought to enforce the return of said funds, the parties agree to reimburse the prevailing party to reasonable Attorney Fees. 26. OFFICIAL BUSINESS HOURS: fVorth American Title Companies official business hours are Sam through 5pm Monday through.Friday, unless otherwise posted. 27. MISCELLANEOUS FEES: ' The Buyer (s)/Borrower (s) hereby agree to pay an electronic delivery fee in the event lender chooses to send the loan documents electronically. North American Title Company may also charge afee -for special courier services, a per check charge for payment of consumer debt (credit cards.and other non-secured loans), a wiring fee for the wiring of funds due the lender to satisfy an existing loan and/or the proceeds due the Seller (s), Buyer (s), Borrower(s), and for drawing any additional documents necessary to close this transaction. 28. CONTINGENCY PERIODS: Escrow Holder shall not be responsible for monitoring contingency. time periods between the parties. The parties shall execute such documents'as may be requested by Escrow Holder to confirm the status of any such period. 29. IMPORTANT NOTICE: Except for wire transfers, funds remitted to the Escrow are subject to availability requirements by Sections 123413.1 of the California Insurance Code. CASHIERS, CERTIFIED OR TELLER'S checks, payable to ,North American Title Company are generally available for disbursement on the next business day following the date of deposit to North American Title Companies Trust Account. ' . Other forms of paymentmay cause extended delays in the closing of your transaction pursuant to the requirements imposed by State Law - (Wire transfer information available-upon request:) . IMPORTANT NOTE REGARDING WIRING OF FUNDS ACH Funds -Automatic Clearing House North American Title Company will not accept funds in the form of ACH transfers --30. ESCROW INSTRUCTIONS, COUNTERPART APPROVAL AND SEVERABILITY Any escrow instruction, amendment or supplement to.these instructions must be in writing. Collectively, these escrow instructions constitute the entire escrow between the escrow holder and the parties: These escrow instructions, amendments and supplements maybe executed in one or more counterparts,:each of which independently shall have the same effect as if it were the original, regardless of date of execution or delivery, and all of which taken together shall constitute one and the same instructions. In these instructions, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular includes the plural. In the event one or more of these General Provisions is .held to be invalid in judicial, administrative or other proceedings, the remaining General Provisions will continue to be operative.. Should there be any conflict between these General Provisions and any. other agreements of which these General Provisions are a part, all the terms and conditions- of these General Provisions shall control as to NATC. Once the parties-have performed and/or satisfied all conditions to. escrow, NATO is authorized to close escrow without further. instruction or authorization. 31. ALL PARTIES ACKNOWLEDGE THAT NORTH AMERICAN TITLE COMPANY HAS NOT GIVEN AND WILL NOT GIVE ANY LEGAL, TAX, REAL ESTATE OR INVESTMENT ADVICE IN THE ESCROW, NOR HAS IT MADE NOR WILL IT MAKE ANY INVESTIGATION, REPRESENTATIONS, OR ASSURANCES AS TO SUCH MATTERS OR AS TO COMPLIANCE OF THIS TRANSACTION WITH ANY TAX; SECURITIES, OR ANY. - OTHER FEDERAL OR STATE LAWS OR REGULATIONS. NORTH AMERICAN TITLE. COMPANY RECOMMENDS THAT THE. PARTIES SEEK AND OBTAIN INDEPENDENT LEGAL COUNSEL AND OTHER PROFESSIONAL ADVICE AS TO ALL SUCH .MATTERS. -THE ESCROW HOLDER IS NORTH AMERICAN TITLE COMPANY, INC., WHICH IS LICENSED BY THE CALIFORNIA DEPARTMENT OF INSURANCE.. SELLER: BUYER: • Owens-Brockway Glass Container Inc., a City of Vernon, a dy corporate and politic Delaware corporation L By: J f . H rr s n, City Attorney • By: Its: . Date: 05/06/2009 , Escrow Number: 233571-TD Page 6 of g THIS PAGE INTENTIONALLY LEFT BLANK ? " . ? ? Privacy Policy Notice Date: 05/06/2009 Escrow Number: 233571-TD Page 7 of g We at the North American Title Group family of companies take your privacy very seriously. This Notice is being given on behalf of each of the companies listed belowl (the "North American Title Companies"), as well as on behalf of .North American Advantage Insurance Services, LLC. It explains our policy regarding the personal information of our customers and our former customers. OUR PRIVACY POLICIES AND .PRACTICES The North American Title Companies 1. Information North American Title Companies collect, and the. sources from which we collect it: On forms related to your real estate transaction, North American Title Companies collect personal information that you, our affiliates or third parties have provided to us, such as, for example; your name, address, and sale- price of your home. All of the information that we collect is referred to in this notice as "NAT Collected Information". 2. What information North American Title Companies disclose to our affiliates: From time to time, as permitted by law, the North American Title Companies may share NAT Collected- Information with each other and with North American Advantage Insurance Services, LLC ("NAAIS") about customers and former customers. You may ask us not to share NAT Collected Information among the North American Title Companies and NAAIS by writing to us-and letting us know at: North American Title Group, Inc., Attention: Corporate Affairs, 700 NW 107th Avenue, Suite 300; Miami, FL 33172. Your request will not affect NAT Collected Information that the North American Title Companies are otherwise permitted by law to share, such as, in certain circumstances, NAT Collected Information related to our experiences and transactions with you. 3. What information North American Title Companies disclose to third parties: If permitted by federal law and the law of your state, we may disclose some or alf of the following information to companies that perform marketing services on our behalf and to certain unaffiliated insurance companies with whom we have joint marketing agreements: your name, current address, , purchased property address, and closing date. • We also may share NAT Collected Information about customers and former customers with .other unaffiliated third parties, as permitted by law. For example, NAT Collected Information may be shared in certain. circumstances {A) with companies involved in .servicing or processing your account (B) with insurance regulatory authorities, and (C) with law enforcement officials; to protect against fraud or other crimes. 4. .Your right to access your personal information: You have the right to review your personal information that we have on record about you. If you. wish to review .that information, please contact the local North American Title Company office identified on the title insurance product to which this notice is attached or where you received this notice and give us a reasonable time to make that information available to you. If you believe any information is incorrect, notify us, and if we agree, we -will correct it. If we disagree, we will advise you in writing why we disagree. North American Advantage Insurance Services, LLC 1. Information North American Advantage Insurance Services, LLC ("NAAIS") collect and sources from which we collect it: NAAIS collects personal information about you from you, our affiliates, or-third parties on forms related to your transaction with NAAIS or a .North American Title Company, such as your. name, address, or information about the property that is or will be insured. We also receive information from companies, which compile and distribute public records. All of the information that NAAIS collects, as described in this paragraph; is referred to in this notice as "NAAIS Collected Information." 2. Information NAAIS may .disclose to its affiliates. or third parties: NAAIS may disclose NAAIS Collected Information about you or others without your permission as permitted or required by law, including to the following types of institutions for the reasons described: • To a third party or an affiliate if the disclosure will enable that party to perform a business, professional or . insurance function for us in connection with an insurance transaction involving you. Page ii of ~ o To an insurance institution, agent, or credit reporting agency in order to detect or prevent criminal activity, fraud or misrepresentation in connection with an insurance transaction. • To an insurance institution, agent, or credit reporting agency for either this agency or the entity to whom we disclose the information to perform a function in connection with an insurance transaction involving you. • To an insurance regulatory authority, law enforcement, or other governmental authority in order to protect our interests in preventing or prosecuting fraud, or if we believe that. you have conducted illegal activities. 3. Your right to access and amend your personal information: You have the right to request access to the personal information that we record about you. Your right includes the right to know the source of"the information and the identity of the persons, institutions or types of institutions to whom we have disclosed such information within..two (2) years prior. to your request. Your right includes the right to view such information and copy it in person, or request that a copy of it be -sent to you by mail (for which we may charge you .a. reasonable fee to cover our costs). Your right also includes the right to request corrections, amendments or deletions of any information in our possession. The procedures that you must follow to request access to or an amendment of your information are as follows: To obtain access to your information: You should submit a request in writing to: North American Title Group, Inc., Attention: Corporate Affairs, 700 NW 107th Avenue, Suite 300, Miami, FL 33172. The request should include your name, address, social security number, telephone number, and the recorded information to which you would like access. The . request should state whether you would like access in person or a copy of the information- sent to you by mail. Upon receipt of your request, we will contact you within 30 business days to arrange providing you with access in person or the copies that you have requested. To correct. amend, or delete any of your .information: You should submit a request in writing to: North American Title Group, lnc., Attention: ,Corporate Affairs, 700 NW .107th Avenue, Suite 300, Miami, FL 33172. The request should include your name, address, social security number, telephone number, the specific information in dispute, and the identity of the document or record that contains the disputed. information. Upon receipt of your request, we will contact you within 30 business days to notify you either that we have made the correction, amendment or deletion, or that we refuse to do so and the reasons for the refusal, which you will have an opportunity to challenge. , , SECURITY PROCEDURES We restrict access to NAT Collected Lnformation and .NAAIS Collected Information about you to individuals- who need to know such information in order ~to provide you with your product or service. We maintain physical, electronic and procedural safeguards to protect NAT Collected Information-and NAAIS Collected Information about you. CHANGES TO OUR PRIVACY POLICY This Notice reflects our, privacy policy as of February 1, 2008. We reserve the right to change, modify or amend this policy at any time. Please check our Privacy Policy periodically for changes.. iThe North American Title Group Family of,Companies are: North American Title Company, North American Title Insurance Company, North American Title Alliance, LLC, North American Title Florida Alliance, LLC, North American Services, LLC, North American Exchange Company, North American Title Agency, North American Abstract Agericy and North American Legal Services, L.L.C. . ACKNOWLEDGEMENT Your receipt of a copy of the preliminary report,. commitment,. your policy of insurance, or escrow documents-accompanied by this Notice will constitute your acknowledgment of receipt of this Privacy Policy Notice.- r~ t ~ ( _~r~ , ~ COPY v _ / z i ~ A _ 1 OFFICE OF THE CITY ATTORNEY Jeff A. Harrison, City Attorney 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323).583-8811 Fax (323) 826-1438 May. 11, 2009 VIA FEDERAL EXPRESS Ms. Tina DeBow Senior Advisory Escrow Officer North American Title Company 101 N. Brand Blvd., Suite 1800 Glendale, CA 91203 Re: Owens-Brockway - 51205. Soto.St., Vernon, California Escrow No. 233571-TD Dear Tina: Enclosed please find the following signed. documents.. regarding the above-referenced escrow: 1. Vernon Certificate of Acceptance for Owens Easement. 2. Vernon/Owens Document #2 - Revised Grant Deed/Certificate of Acceptance. 3. Vernon/Owens Document #3 - Termination Agreement. 4. Vernon/Owens Document.#4 - Easement .for City. 5. Vernon/Owens Document #5 - Easement for 0I. If you have any questions, please do not hesitate to contact me. °'ncer , J A arrison C A orney JH : j 1 Enclosures cc: Kelly Giron, City Clerk (Resolution No. 9897) E.xcCusiveCy Ind~ustriaC RECORDING REQUESTED BY North American Title Company Order No. 6022816-62 Escrow No. 23 3 571-TD WHEN RECORDED MAIL TO: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attn: Jeff A. Harrison, City Attorney MAIL TAX STATEMENTS TO: Exempt . THE SPACE ABOVE IS FOR RECORDER'S USE GRANT DEED APN: 6303-029-015 DOCUMENTARY TRANSFER TAXIS NONE -NOT REQUIRED SEC. 11922. REVENUE TAXATION CODE. FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, Owens-Brockway Glass Container Inc., a Delaware corporation (the "Grantor") HEREBY GRANT(S) TO: City of Vernon, a body corporate and politic (the "Grantee") The following described real property, located at the southeast corner of 50th Street and . Soto-Street, in the City of Vernon, County of Los Angeles, State of California: Thelegal description is .attached hereto, marked Exhibit "A" and by this reference incorporated herein and made a part hereof. 1 01910/0053 182091.1 ESCROW NO. 233571-TD ORDER NO. 6022816-62 APN: 6303-029-015 The foregoing grant of real property is subject to non-delinquent taxes, all easements, covenants, conditions and restrictions of record, -and all other matters of record affecting • title to such property. Date: May , 2009 "Grantor" Owens-Brockway Glass Container Inc., a Delaware corporation By: Name Printed: Title: 2 01910/0053 182091.1 EXHIBIT "A" LEGAL DESCRIPTION AND DEPICTION 3 01910/0053 182091.1 CERTIFICATE OF ACCEPTANCE This is to certify that the real property conveyed by Grant Deed dated May C~ , 2009, from Owens-Brockway Glass Container Inc., a Delaware corporation, for the property located at the southeast corner of 50th Street and Soto Street, City of Vernon, County of Los Angeles, State of California, is hereby accepted by the undersigned officer(s) on behalf of the City Council of said City pursuant to authority conferred by Resolution No. 989.7 of the, City Council of said City adopted on March 23 200.9 _ and the City consents to the recordation thereof by its duly authorized officer(s). Date: ~i` ~ The City of Vernon Name: Hilario Gonzales - Title: -Mayor ATTEST: Manuela Giron, City C rk APPROVED S TO FORM: Nam of .Harrison Title: ity orney. Assessor's Parcel Numbers: APN: 6303-029-015 4 0191070053 182091.1 RECgRDWCr IZEC~iTESTED HI' North A.merican~Title Company Order No. 60.2281. G-62 Escraw ltlo. 233571-TD WHEN RECORDED MAIf, '1`O: CitX of Verr~n 4.305 Santa Fe Avenue Verrlott; CA 90055 Attn: Jeff A. Harrison, City .At#orney S ace above ftir Reca~irder's Office TER3k'iINATIO.N OF COV1EaNANTS AND AGREEMENTS AS TO CITY PROPERTI~ '1"h~is Termination. of Cavenatlts atld ~4greements as to City. Prclperty {this "Agreement") is made and enteredinta as of this day of 1VIay, 2004 by and between Owens- BroClcway ~.Iass Container Inc., a Delaware corporatiatl t"Ov~rens"} and the City of Vernon, a -California municipal corporation {"City") with r~;ferenoe tQ the following: A. Owens acid .the City entered intd a Covenant and- A~gxeement recorded on February` 10, 2U~p4, ~s Instrument No U4-0296184 of the Off ~cial ReC.ards of Los Angeles County the "First Covenant and Agreement") with. respect to parcels of property owned by Owens located at the southeast corner of 5013` Street: and 5..oto Street, .fin the City of Vernon, County of L.os Angeles, State of California., as more particwly described in E~chibit ``A" attached hereto and incorporated herein byr~this reference (the "Original (~v~e~s Pr~r~rty."). B. Owens and the City entered into .a Covenant and .Agreement recorded on February 10, 2004, as Instrument No 114-029(1E9 of.the (3fficiai Rec~ofds cif Los Angeles County (the "S~ecartd. Covenant and Agreement") with respect to the Original Qwens.Property, C. The City has pwrehased from Owens a portion of~the~ Original Owens Progeny, referred to herein. as the "City Property". 'The City Property is described in Exftibit~ "B" attache3 hereto. The parcels retained by Owens following the sale.of the City Property to~~tlle City are referred to as.~the "New.Qwens~Propez~ty": The New Owens Property. is described in Exhibits .`C" and "D>, attached hereto. D. Tlie City Property is.to be conveyed to the City flee and clear of tl3e. Fast. Covenannt and.Agreerrlent and the Second Coverant arld Agreement {collcctivcIy, the f`Covetlants -and Agreements"): E. Tlie Nevrv Owens Property is to remain encumtiered~ by -the Covenagts and Agreements. . U1+910/U053183714:x 1 Accordingly, Owens and the City mutually desire to temlinate the Covenants and Agreements as to the City Parcel and conf~rim the continued validity sand effectiveness of the Covenants. and :Agreements as to the New CQwens Property. Therefore, for good and valuable aonsideratian, the.sui~'iciency and receipt of which are hereby aclrnowledg~ed, fhe parties agree as fellows: I. Termination of Covenants and Agreements as to the City property. The parties hereby acknowledge and agree that the teims'of the Ccveriants and Agreements are no longer e#~'eetive as t4 the City Property, and title to .the City Property is not encumbered lmy such .Covenants and Agreements.. Continued Effectiveness of Covenants alxd .Agreements as' to the New ~Dwens Property. The parties hereby acknowledge and agree $hat the terms Qf the Covenants and Agreements remain valid, effective, and in full farce sand effect as.'to the New Owens Property, in :accordance wi#h the terms thereof, as to the New Gwens Property: IN'W'ITNESS V~HEREDF, this Agreement is executed as of the date first above written. _ _ _ Owens-Brocltway G1nss Cozrtainer lnc:,.a f?ela~vare cCirporation By. Nance Printed: Title: The City of Vernon By. ~ Hilario Gonzales, ayor Aptaroved as. to Form: ~y: 3 H 'son, City~Attorney 019101/©QS3 1~I1S71A.2' ATTEST: By: anuela Giron, City Cl rk t 2a STATE Q~'' CALIFCIRNIA) )S5- CflUNTY OF L(}S ANGELES) GN ~ ~ , BEFt~RE ME, A NQTARY PUBLIC, PER~SONAI.LY APPEARED - / r r't d c~6Y~ ~ ~e.~, , WNQ P~tQVED TO ME:ON THE BASIS QF SATISFACT(}R~ EVII)EI+iCE Tt) BE THE PERSON WHGSE NAME IS SUBSCRIBED TQ THE VVITHTN 1N~STRUMENT ANi].ACI~NOWLEIIGED TO ME.THAT HE E~ECU'I'EIa TFiE~SAME IN i3iS AUTHORIZER CAPACITX, AND THAT . BY HIS SIGNATURE ON T~iE TNSTRjJ1vIENT, T~IE~ PERS(1N, GAR THE EN'T'ITY UPQN BEHALF OF ~IHiCH'f'HE PEitSON ACTEDR.EXECUTED THE INSTRUMENT. i CERTIFY UNDER PENALTY OF' PER3URY I7~lUER THE L,AR~S GF THE STATE OF CALrFpRNI,A. THA`T' THE~FQREGOING PARAGRAPH IS TRUE AND CORRECT. V~TTNESS MY AND (7FI1ICIAL SEAL. Signafure) MANUELA GIRON Commission # 1611388 i . r~ 6" Notary Public -California ~ ti Y los Angeles County My Comm. Expires Nov 4, 2009 . 01'91 QlDG33 185714.2 7 EXHIBIT' A LEGAL DESCRIPTIOtN ORIGATAL C)WEI'dS PROPERTY i O[914/UU53 1H5714.~ xr~~~a~ . . wK~ I~CAJ. ~fE,'rCRQ"3ZON A PQR'I10H OF 1aQrl' 31, QF T1~~500 AE31E' •TRJ9F.70F T1[E 1AS A14G1].ES FR[IIC l.A11D AS$OCIJ1'#7ON, II~1 THE CIT'!"' OF ViK. ~IIl+1TY OF IrQS A'ir1GELE5; STATE O.F CA1.~~0!<MA, AS PER MAP REC01tDEL1 11V 1300iC• 3 PAGES 1S6 AIVx1 15?' p~ M~ ItE1rOiI17G, fN TII1G ~ ~OF' '1'EIE .(3bI1NTY >itFsGDRDE7t CtF SAID COLII~f i'Y, DFri:Ri$1~ ~?51~1'AWS: . 8f3Cii14MNG A'i• THE 1~?0ltT11EAST IORNER DI" SAID LdI' 3f;, SOITfi[ 321.50 F1_~EI' AIANG'I1iE F11$T Lri4E OF SAID LDT 31 riD THE !NORTH f:1NE OF THAT 17.E FOOT M?IDE RKi!!'T OF i~NAY Op 71iE WS ANGELES AMC[10i+1 RAI[.WAY..AS D1r9CR#RED 1H 'Dg:1f TO CQiiR~AL 1~ANl1FACTURING ULi".1'RICf INS.. RE[~[ipED ~t•7-142T. 1N A~OQfC 4'TS7: PAC,i; ~i ~ SAL C13,. R!t .SAl1i RPL"+DRDF,.IC`S OFFICE;, T'I~htCE WEST d60rOD F ALdP1O SAIDl4QIt7fI L,fNE.C11F SAJD R1GH1' OF WA7f TO TF~ WEST f.A!1E~ dF ~w 1AT 31;'f111?NCE AiQR'1H S71SO FFIT AfANhi S~IId vvlsr 1~[NE OF SAID IJDT 3S.'IaO Tfll AK111tTN LJI4.E OF 5A1p IrUT 31: ~Af.SO H11ING i1>E CQy'I>FTtL~1[4E Oi: SA1D £A5T 30~ B'rttEl+'T 61M.00 FEET 11r117E. AS DE~$ED >H DE£D ~ THE Cf~t OF V©INOAi,'ILBL~DI~D'4~5-341:9.115 ' DOC[Ti1RENT IiQ.1~t10, IN 81:1f1fC 9335, PAflE 1490E tl6tZQAL It>~OR[f6. !M SAtE1 ltbCORDF3!'S tlFF7CL~: 71~iCE BAST6dQ.D0 EST ALOHC' SA]D~1'Ti#: qF S141d LDT 3i 'M TftE. ~OTNrOP 8EG1MVfidC+~ .I~[~F'T77iERIFRCM TiiE l~ltfRi7i 3p.00 FEAT OF SA1f] ZAf' 3 i, 71~ SiO.V. f 1~ UNE 011: SAIa T~iQiR~# 30.90 FE>r,, AC.SO B1+iNG THE SOIfrH Lif!ZE OF EJiET $0T0 STRI:E~' AO.Op FE1~T Mme. AS ~CRISeD 1H DEED 'T4 7HE CT[Y QF VLR'N[IAi,1tF4~RDF.D 4-5,1934, AS ibCl~llN'P'NCF I41G. II4 BOOK 9335. Pl1GE 1i9 OF OFk3CIAL>t~RDS, IN SAJD RE<rg3t1>~R'$ SCE t~i~+3 . A PORTION~QF Ld1' 3I1; OI: '1~ SOD ACRETRAC3~OF T1~ fAS /~1C~LJrS FRiRi' LANiD ASSOCIATION, W TIC CITY ~ VERNON, ~OilNTY ~ LDSS 1w.F5, STA'f'E CF' ~ A$ PDt •M/kP RECOiiI>~7) tN BOOK 3 pAi1FS. I36 AND iS'1 OF AIEiCF1,lANBOUS RECORDS. lfi1 Tim' OFFICE ~ :C~Oi1NT'f" E$GQRDIrIt ~ S~ ODIJNI'Y, DfiBCRI~ED ~l~?S WS: . EEOlA1NING AT'rHENOaTHWC~'T 41DRN>~R OF SAID I;UZ' 314 ALS~D BEt.YG''iI#£ ~,~'I'IpR+1 OF THE ~.S OF SOTQ 33RR?E'I' 1x!.00 FEET Y11C1E11~S`I~SCfi!'8®M DAD TD'1'IiE C17Y of YERItiO'N. f~caR>~D 1Fb-1929, AS DOC'4i1?1ENT Ha r4~14, IN BOOK >sas, l~AlaaE ~n of CAI. x>:,cx>~ns, ns sA>Q lDr~~s 4f~rc~~~+nD ~sr s~"r ,~r+~aao ~rxr'wf~: ~s. ~'sc~~a~~~ra aka ~ro z>~ .C111f OF Y LtECORI~D 4.5.1429, AS OQL'LIMELVT NO 14ya. iF1 8E10K 9333.: PAGE 149 OF DEAL Rte, L*I SAiD ~'S Ofd 71~ f:IST 6680 F'EET' AIX>tIG SA1D NOfi'iH ~ QF SAID fAT 30„ ALSQ SEII~O'f'HE ~ ~ SAID E11ST S0~ S7REETTO iH1: NO11;7i3EA5T ODItNE1COI~~SAtD fA'I'3lfi'I'IiF.NGE SOt]TH 34!.30 F>:~:TAi:OHC~~'F~E EA3Ti.>ri6OF'BAIQIA'1'3d'Ry'lHE NDItT,}i IJIiF t>F '11~AT 17.OD FOpR' WiDE RIB G~ WAY OP Tip LOS A?dC~E1.FS ~t11~iC"[10N RA1l.WAY, ' AS IIASGRiBBf) W Dk~ TO CE1~iIRAt. MAM7FA,Ch17itWC. DISfRIt"T I19G. FF.COAtDED 4.9.15?~7, iC4 BOi]iC 4'752, PAGE -x65 t1F #PTGhAL ~ Ii4 SAt#,f ~'S T1i~~AG1r WEST 660.110 ' ~r AID sA1>} wwE+ 1~ro rrs ~vEST Paat~I~A~1oh1 aF sa~m iul~rr of WAY ~ 'I'H1i WE.S'F 1.114E OF' SAiD IJOT 3~''lflE11iCE M~tT1I 3x130 FEET A113N[4 SliID WL'SI' fJNi~ A130 fIF3N(i THE C1Rffl'iE QF SAID SOT#} S'iREEl; 7~D TI:IElw01NT aF f THEREFR01~1 TiiE~NORTfI x0.Q0 FEE'(' OF SAiR I~OT 30.'Ifl>: SOItiH L 1I!1!E OF SA10 NQRfii 2800 FEET A130, BEQ~iCi'THi~ SO[I[11< 1.lf~E ~ 1iJ1S7 50ri S'IaIF:IrT 49,00 i:FLT"W>DE, A$ DI;$CR1l3~ lfi DE1D '11D TIIE £1'IY OF VE[EI40N.1tl~QItDF~ 9,S-I9294 AS DOCW11Ilr>`1T UiO+ 1+110' 1N 81]OK 4335, PA~iE i49 OF OFFICIAL RFADRDS, lAI SJSID REG+ORI3I~'S OFFICE. E7lCFPi''IfiF.REF1iOl~+l THE W1:.4"1' 40.00 I~'1' OF' SAID L>OR 3Q THa: FAST 1.IlVE OF SAID-WEST 40.00 FAT, AISO BE[NG'THE FAST L1N8 OF $O'L+O STREET' 1i0.D0 FE£i' q?1tiE, AS IIESCRIBEi] 1N f)EFA . 'hD'~ CITY OF VERIiOdri. RTrgQRDED 6.6.19x9; AS D0L1AlIEP1T 1+i[f.1409. W BUQI~ 87.SS. PA(iE•,3T8 (iF OFI'ICi/ll, It1+ad11n&.IN SAfD. Rn00RD1?R'S OFFK.'E. . Pa,6e 7 ~ ~ ~4 0~~~184 x7e~ar;Cp•~txvn: Zos Aagsles~CA Dacl~e7aaG-7C.eat.DOCID 2~04.296ZB4 Eage: 5 p~ 6 RX'der: b'.Q2Z826 Comet: ~r1~r.o~ . , AL50, EXCEP77HEREFAOMTHAT PQRTiON OF $ALD~LOT' 30 DlrSCRiBED 1?S FQLLQK'S; BEGINNING AT A POiNT I"I THE EAST LZ!tiE'OF 5i41D SOTQ ST'REE'T'. 80 FEET ~h7DE, A5 DESC'WBED IN DEED Y'O. THE CfTY f7P VEiWON. RECORDD] 8.6.1929. AS DOCII1~S~iT tip. 14114 I;ti tIWK 8255, PAGE 27E QF O1~FiCIAL RECORDS, IM SAID- RECORDER'S• OFFIC!« ALSO .BEING '1tTE ~BEGL'd1vING OF ,1 TANGENT CURVE CONCAVE Tp TTIE SOUTHEAST, ~TiAVtt~IG A 1tllDii;}5 OF 29.00 FEET; 71ils,*ICE NORTHEAS'IERI.Y ALONGG SAID CURVI~ THROUGH A CENi1EAL AIVGL>r OF'40" A.'4 ARC 1H37A;NCE.4F' 31.421?E&Y"CO THE POli~i'!' OP TAWt~it,'Y If1 THE SOUIN LINE OF SAID FrtS7 Sl~~ rTREET. ~td 04 FEET WIDE, AS Dlr'SCRIBED•!N DEED TO THE CITY OI: ~RNCN`, R.I:C+O11nF.D 9~'.~-1~4, JtS IIQCUMEh7 F10. 14I0,1N ~BDOK 93~JS. PAS 149 OF' O~TCW. RirCOItDS. fN T1iE 1ti{ORDER'SOF'F1CTOF SA11? CQI1~ 1TY; TIl£NCE WEST AWNG 'iliE W£3T F'AOLONTiATTODi SAID S!DL•TTFi LLtiE TO I3'S IrIT'ER5>:C1TON W1TH TIE NORT~I. PROLONGAT70N DF SAfl3 EAST L]1+18 t7F SAID *OTa STREtrT'; T1s~EN['E' S0in1I ALONG SAIp•~IST L1hfE 707'H1+PdlN`F~dF SEGFATNING. A PORTTON+DF I.O730. OF THI: SOQ ACRE TtIACT OF' THE LDS AYG'F1FS FRUTi Uti'D A5SOC7At1ON; iM 'i'F!E CITY OF YERI+1Dl~, COUNTY 01= LOS ANGELES. STATE OF CAId~OiR~ilA, A5 PER MAP Rl~C'iDRUED IZi 130OiC 3. PAGE.+".' 13b ANa t57 ~OF•M.ISB."P.Lf./kNE0U5 REC~OltDS. I:ti 71¢ OFFICE .OF THE [Y)t11ti"'IY . - Rl:COItdETt Olr SAID COC7NTY, DE5C1t1BED AS FOIJAWSs ~~talvplnrit; AT TMr+ sotnTlyv~sT C'TJRI*IF~t aF sAro wT ~a, ALSD I~c~ TIIE I!4"iIERS>rCI14Iti of Tfrr~ CEN°!£1i1.1NES OF SOTO S'[RIrE'[; 8U.00 FF~,T"WIDt~, AS' D~C'ltlBm Ek DETD To 7NE CRY taF VERhODI. >REECOwED $-~1~I, ~s DE>CLtMt`Ni' ~ i4o4, IN BOONC sx3~: ~rwc~ x~e ~ o~Nn~l. rt~c~xs. SAID RECORDTR'S OFFICE• ANb F8[[.7TLAND AVt~NL1E 6R?.i10 F»T ~'il~. AS DFS~C'Itl~ Lti DAD TJ "1TTE C1TY OF VERNON; RECORDED t~l'~19Z7~ AS DOCVI~"~T DID l.'I1. IN LIO(1IC 473F, PAGE 1(14 OF OF'F[CIA1.1tE{30RD5, IN SAiD REi~dRDER.'$ OFFICIw 77iE;34iCE :~iI.1ltTH 32136 FZ2£T_ALO;~G TH>: WEST LINE O!:'SAip L0T ~0. AL50 $~'NG '1"HE ~ dP SAID SOIU STINT TO 11~ C4"tERSF~CAOt~S _ OF"7HE WEST $ROLONTiAT10N O~ 7}1E SOlltlt LINE OF:'TiAt I'7,bQ KR3II 1M'1T7E RiriTT OF WAY OF LOS ANGE].~S aTN[[[ON.RA]LWAY, AS D~RII3ED TPt tlEEL1'[OCf'w,'7RAL'.?1Ati't]FACiElWNG DISIRIGT TNC» 1lECOIiDED 4.7-~+A27. IN BOOK 1752. PACE Z65 OF OFFICIAL. ~ Ail 5AID ltECpItDF.~CS OFPTCE; TI•I>~VCE >rItST 668fg0 .FEET AT.ONCi 5AI13 N?gST I~tOI~iGAllO~ti ANtk SAID SOViH [.iNE OF S/11D 1T ~QF W~IY"[~D THE FAST 1,i3~E QF SAiD I.Q7 3o- T11~C~ SOEJ'1~i 3'!1.50 F~'i' ALflI3G SAID EAST'LINE O!: SAIQ I.Or ~ TO THE 5t>!U!H IJNE OF 5!111) LOI` 30C'rIIEi`CE WEST b60:00 FF,i=7AlANGSAID SCR.T~i t.1.NE Qf SA1D iA7' 20. A1:SO BEiI~G'i~ C~~IERI.I'~'E OF:SAID FRtR'ILADfD AVENi]l; 7q THE P'DIISrOt: l;Ei3t1~iING. >=XCfPT 7HER>Fit01~! THE WEST' 40,f10 OF S/UD tA'I' 36. EAST LL'~'E OF 5.1~YYf a"E5? x.00 FEET; ALSO BETNG'T1I>+ EAST y.A11t OF 507x0 S7'IIEET 80:OQ FEET WIDE. AS DESC1ilBED L'a' DfED'iD 711E CITY QF VER?+~O?J RE~RDF.D 8.6.14~?. AS [?pC13M1=NT N0. 108, ~S BGOK EZIS?. PAf>E 3:17 t'~ OFFiC'l~Il. REGbRDS; ALONG WfITI DEED TQ THE CiTY 4F VERNON. R'F~dRUF~7.1-18-127, I1S •p~Q(11,1tET3312~1 i, ' IN BOl~1t 4758; PAGE :109 Qi: 0):fiCIAL RECORDS. BD'I'H IN SAID REC~pRDEIi'S OFFICE, . ALSO; EXCEPT' THERFFROIN 'YHAT PORTION 4F SAIU [AT 30 LYIDiG 50U1'H OF A L11CE PARAL[.EL Wi'rH~ ANTI 30.UQ FEkT NtiRTH MTsI1SL~RFA P~'>~IpICII[.AR TQ. TilE SOt+Tfi f:Iti'E OF'SAi[31~07 30. SAID PllRA1,1.t:1. I:INE AiS(~ BEING THE• NORTri LINE OF i:ittJtT1.~11Tb AVE~'L'E bO.OD FEET WIDE AS D>rSCICIB£t7 IN D1GrI3'PO'TFIE CtIY OF V~tI+i()N. REC~ItEi31•.li-t927. A5 DO~Cf71+f£A? 131 I.1[` BOOK • A758, PACeE T09~OF OFFICIAL RECORDS. IN THE REQORDIrR'S OfFTCTe OF $A1D CbU~'TY. ALSO,,EXCFFT't'HEREFROM 7HJlT POR'~701V DF SAlT) LOT 3Q DESCRIBED AS FOLLOWS: BEGINNDIG AT A POiN'1'IN THE EAST LINE; OF'SOT'O STREET, 80 FEET w?tOE.'1S D~SC~EIBED 1:r DEED . '!'O T'~lE~ CITY +QF VERNbN itECORDFD S~b.1929, AS DOCIiMTNC >,ifl: I~iO$.1'~I ,>~00~lC 824D, PAGE 317 QF OFfiCillt. RECORDS, A1.AIWG WITH DEED ~ THE C1'IY OAF VERNON. RECORDED 1.11-1427, AS >3i)CUMEM' l21 i. IN BOOK 4758, PAGE 109 QF OFFICIAL REED AT)T'ii iH SPiID RECORDER'S OFFICE. ALSO BEING TI1E EFfi?INN~ING [li: A TANGENT CLIRYE CiONCAVE T9D :HE NORTHEAST HAVING- A RAD1U5 QF ?A00 FkE7: 7`HkZ1CE• SOi,tIT,i,EASISRLY A1;~DlV~3' SAID CURVE THRQEIG}i A CENIRAC. ANGLE OF 90°~ AN ARC DISTANCE DF 31.42 Ft=ET~'I~p Tlil: P01N'f 4F TA3~GENCY IN T'fiE ;DtQR7H_ LINE OF FRUCIL.AN[! AVENUE, 60.00 F~'1' W[DE„ X15 DESC[ill~D IN 1)EBD T'C! TTiE CITY OF VEttNbN RECORDED i-18-19Z7.'AS AOClIMENT 131 I, IiY )}OQIG 47$3; PAGE I09 OF OFFIC.7A L I~OIIDS TNSAID RECORDEit'S OFPTCE; THENCE WES'1' ALONG TTiE WEST' PROLOlYG11T'ION OF SA1D DIOR77i 1.iN1: TO 1T51NTERSECTIOIV WR'1{'TFfE 50UTH PRQWNCeAT10N OP SAID EAST' LihE• OF SAlO 5pT0 STREET; THENCE NORTH ALONG SA1A EAST I,iNE Tt) THE• Pt]1rtl' OF P11tGRr'NING. R~,e I OF 4 Bescrip~ic+n: Zos .~4.ngeles,Eg Dn~ment~Yea's.AacI77 2QQ~,~96184 ParJe.: •6 of $ Qxder: 6Li,22816' Cc:~aant: t!t~144 A C 4 A POR7'tQ*1.OF LOT 3.t. UF'f'HL SDt1 AFR>: T1tACT 9F THE Ld5 ANOELFS FRUIT LA~ItJ A55OC'IATIOti, tN THE E'17Y OF VERN+p;v- COL'NTj'• Oi: LOS AtiGELES. STATE OF CAL#FORtifA. AS P'ER MAP RECORDED Ih t30OiC 3 PAGL•S l56 Ayi7 137 Of• htfSCELLANl+t3li3 RECORII3S,• Iti Tliti f~F•fICE QF TI1E Ci}];tiTS' ItECQR1]!R•QF SAtD C'OE)4't'1', D15CRIBHD AS FBLLgK'S: BF1G1tiNltiG AT THE. SO[J7HEAST CORtiF.it OF SAID LOT ~1; ?HE.;VCE Y?FSf bbU.UO FEET' ALONG THE SOtI'1`II GItiE OF SAtD 1.OT 31, AI.SU B1ri;tiG THS: C'1sNTEttt.[:yE OF FR~:iTLAtvD A~'FtiU.E, bk!{10 FEET WtI)E, AS DEStRtt3FU IN DJ=P.b 70 7H] CITY 4F VERNO~1 RrrCURRED 1-18-Ig27,115 t?OCE7:~tt::~'T 12i 1, 11ti. BQOK 4758, PAGE .104: ALOtiG Yr.'1TH DEED Tn TFIE CITY Or 'k'Et4?+IOti IIEC[1RDED 10-6-15131. A5 DOCl;1,MFNT 725; I:r' 13C?gI< 1lIa0, PAGi: 3?i9, A1S0 1NC1.l;DItiG~ DEED TO TFiE C1T~' OF VER>~O:V kF~'ORDF.f3 4.2f-1961, AS DOCIiMEI'+'T 3ti27, IN HOOK D1 i116,-PAGE 977 ALL• OF gFFICIAL RECOitfl51V 5A#>u RRECOR.DEft'S OFFICE. T+D' Tf#1 50t!'I'HwEST CQRNER OF'SAtD LOl' 33: THE'~'C]: S~QR7T3 32.1.511 FEET AlANG THE 1ti+Y:5T L]tiE dF SAiD [AT jl TO'1}iE SOUTH L1NE.OF•TNA7' 17.{10 FOOT &'}DE RIGHT OF WADY O~ 7'HE~ W5. AwGEI.FS .Il+"+K't](}~t RIIIL.WAY. A5 DESC'RS!]Et? .IA' DEED TO CENTitAL MAht~ACT4iIti1+G DlSTRIC'1' Ilti~'., RI:Ci,]RL)ED 4.7.7927: 1N .13001C 4757, i'AGE' Z65 OF' OFf1t'1AL I~CORbS. I~t SAI>:} Ri±EORDER'S OFFICE: THENC!~ EAST bfi0.fl111"GIsT ALA?rG 5At[1 SOL'I]i ltivl QF SAIL) RIGHT OF' WAY 7'O TIIi: t?•AST l.I;tiE OF S.Ui71,OT 31; THEACE SOU'TFI 321.50 'FEET 1~1~0*iG 5A1D EAST Ul~il:4fF.5AID Lt7T 33 TO THE POih~ QF ljEGi13A1]1VG. ExCEPT THER~ROM TIEiAT I'.pRT'1(h~) OF SAI]3 LQT 31 LYiIvG SO.UTN d>: A LI1wIs~PAIU?LL]L V4'!TH A1kD 3O.OQ FEET '•'.ORTH N+IliA5ll.RI3D P1rRPEAlDtCUt.AR TQ THE SO[1'TH LIME OF SAiD LOT T~l. SAiD PARALLEI. U!ti]: ALSO $>r]t~:C i'HE NORTH i.INE OF FRI}PCLI4.~iQ' AYENIJE do.tx) FkET WIDE AS' DESCRIBED TN DEED ~'U THE CITY OF VERNON. td~FCf,1Rf)Ir0• !-1 &'.4Z7. A5 t)i)CUMEhT 3211.11` BOOK 4758. PAGE t~19, ALOir'G WtT7i DEED TO'fHE CITY OF YERi~ON R1wL~ORDED 14o-1931, .A5 DOCUMEtr"I 735, I1+i SOUK 1 i1011~ PAQE 380, ALSO [Nt`I.UDINC, DF.En TO THS CITY 4F VERAIOti RECORDED 4-2i- 19(11..AS DOCL'MEN"C 3G?7, !N 800iC DIl94, PAG~~'477 J?i-l. E]F OFFICIAL R]=CORDS Ilti SA1D ltECflRD1R'S QF~ICE . S1*E ATT.ACHIrO 1't,AT !?1A>' O'~ PAGti { OF 4 1IEGAL 15E.+('RIP'f1U'Z P~PARf.D B1r' ta~a:atw w rucln ~ ~ssorlAT~ . Q ~ ~ S(~ 11913 t: FERESI'dt'1E BOiJLEti/kRb R, ~'if . I~RvvAtA.CA 9r1aSA tv .1.~` tSb:lli6fi;65F3 ~ Qr pity„ ; S BY • * EXp.~" ,SRl7 !l Vi'RIG117:, i ~'x)~+ r, ' ~ f' rage 3 4i' 4 Descr3ptic~r~~: :Las Auge3ea;C..9, ,~acamerit-Year.DocTD ZO•Dd.296I17d Bar~o: 7 o:E' 8 Order: 6022816 C'a~aentt . ~;1~:C~ ~ . ~ ~ x ~ ~ ~ ~n~ ~ ~ ,~t ~ ~ ~ _~a~~ ~~o~ Y ~ ~ ~ d. ' D 1-- ~ ~ ~~a,~Q ~ a~; ~ ~ ~ gip: ~ ~ ~~/yy.~~-~~ {ii u+ ~ c~ ~~'~~o ~ ~ n, ~ 4 a ~ a ~ ~ ~oo~ats A~~~R ~~~~R . ~ ~ " V etgia ~~~~~r .Desar3ptiou: Los. Angeles, Daa.~nt-Yaar.]?aclD 2Q~aS.296184 ,P~ge~: B af' a ~Ox~dar: ~D2Z~8J,6 C,r~eRt.: EXHLBI~ E LEGAL DESCRIPTIQN CITY PRUPERTY 4 01910lOOS3 l8STh1.2 E~CHlB~T ~lTY ~P~RCEi~ ~es~~ THAT PORTION OF LOT 3D, OF TWf 5t)0 ACRE~TRACI' OF THE LCD AhGEI.ES FREJf7 LAND AS,SCTCUI7YON, tN THE CITY bF U~RNON, CQC{NTY OF LOS ANGELES, STAT~:OF CIWFORN.lA, AS P~ MAP RECORDED !N BOOK 9, PAGES 156 AND X57 DF lVH5CEt1ANEQUS Rt~ORbS, AND ALSO BEING A PbRTidRi OF PARCEL 2 A5 SHOWN OW~ RECQRD Of SURVEY-FILED !N BO(1K X91, PAGE Z0 OF REC(1RDS ~F Sl.IRVEY, 8[3TH IN THE t3FFICE OF THE COUNTY ~tfCORDER C1f S1R1D CtDUiylY, WITIilN THE FALLOWING D>WSCRIBhD:PARCEL OFLAND: C~ME{~ClNG AT THE SOlITi:IWES~T' CORNER (7i+ SAID PARCEL AS 5kN3WN ON SAID _ Ri:CflRD pF SURVEY, Ti~iENCf, NC?R17i~00"07`~Z" VYEST',14.OEI FEET AdONG THE WEST L#Nt aF SAID PARCEL 2 TQ THt: TRUtr~ POINT OF I3fGtNNING ~ THIS ~'TION;1#lEI+K~, S43t1TI•I S~1"`SS'SS" EASF,.83.55 FEET: T~iENCE, NORTH O'OA.'#~5" EAST,14.S3 PEET; TNEIiCI, SULl~'H t~'3$'S5" EAST, 79.3.9 FEET; 7Ht;NCE, NQRTIi O'°Ol"i75" FAST, 7.6.~~4 Fft;'f; THFN!C~, S~T}i 89'S8'SS" EAST, 60;i7 FEET; THENGI:, St3UTH O'01'i~" WEST,~3,27 FEET; Ti#EpfCf, $9'SS'S5" EAST, 32.0 FEET; THENCE, 5OUTN Q`a~'i35" WEST, ~6.fl0 FEET; THENCE, 5!)UTH 89"St3'55" F~45T',.1$4:38 FIsET; THENCts, NORTH O'iT~'1Z" WR7', Z.i;B FEtT; THEM, 5OlTtt! 89'Si~'~'i" EAST, ll.Ol~ FEET; TI•iENtrE, NQit'TFi 00't)7'12' WEST, ~1G.78 FI7 PARALLE! WITi~I THE WET LINE OP~ 5AtD PARCEL 2, THENCE,. irAST, 34.40 FEET;'i }iENCly MElRTH 0rI'~DT1Z" liil'~'I', ~..f.5 FEET P~IRAi.LEL WITH THE WEST LlNI: OF SAlD PARCEL 'In A POMfTON THE Ni~RTH~ UNIT OF SAIQ I'~iRCl:l 2; THENCE,IA?EST, 415.+T7 FEET ALCMtG THE NORi'Fi 1ll~ti» t0F S;4iD PARCEL 2 TO THE Bt:GlNiVING O!: A TANGENT CURVE, CC?NCAVI: 5OVIHF.A47k~Y, HAVMHG A iU1plitS OF Z©A0 fEET; THENCE, ".eOUTHWESTERIYRLONG SAID CURVE, THR©UGH A CENTRAL.ANGi,E 4F 9E)'47'3Z", AN AitC LENGTH QF S1.4G Ft:ET' Tb A POI~iT ON THE WEST LMIE.OF SAID PARCEL 2; THEfiICE, SOUTH Ot]"07'~.Z" EAST, T56:39 FF_EI' ALt]NG SAIL} ~kfiirST LMtE TO THE TRUiE POINT OF BE6tNNtNG. At+epanod bY; o a ~ ~ . , ~ * cit. ~a sr€r so # T29 B. W~ ~ ~ ~s. rra~ ~ ~4 GA 9E'15s: O ~ ° E~H~B~T CITY P~41~CEL $~$#~h ~~~onrv~nY Le~~i D®s+~r~p#~~ E/4~T 54th STRh~T ~ test.;t' ~r r , #Tff~i9r' ST ~ ~67.7~' EAST 30A70' EAST ~ ~ ' ~ It~2p:8p. ~ P m . $ ~ tr pow of t~os w~ - ~ s m ~.31.3T t98t~.81' IV89~5s"W F~1ITLAN4 AVENUE . ult~ Lr~ d ~D~ P. I. r3, l lb, '~!~'3 S~. FT. Z bdb IiC, ~ ;t. W Ids; PAtS 2, 3 AND 4 Ri~RTQ ~t10itD OF - ~ai3f~/tY f=1iEl~ IN BDUK .I 1 F'A,G~ ~U i)1`'Ri~f3QR,Q5 :~:r~• t~. OAF SUI~V>`Y AS UM~NT' •NQ. O#-258"1 149. • ~ P,LQ. IS "PI~PY IN Ql,!€9TtC?Af" A5 i7F~.R113i~ pd pCtit~'T "Ar ! ` ~ o N.14.P. I~a'Np'~' A:PAI~T' * ~c a~ay B,It ~ 1. E~IBIT C LEGAL DESCRIPTIGN NE.W 4WENS PROPERTY FIRST PARCEL p19.IblOD53 k8571d.2 S EXH1.81T "C~1" AI]D17`1C3NA~ C)'~! PI~R~EL . ~.e~sl ~escri THOSE PORTIONS OF LQTS 30 AND.3l, OF THE 5t'10 ACRE TRACT OI:~THE LOS ANGIrLES FRUfT LAN€] ASSOCIATION, IN THE CITY O~ VERNON, COUNTif OF LOS ANGELES, S1'ATi=~OF CALIFORNIA, AS Pi;R MAP RlrCORD1»D IN BOOK 3, PAGES 156 AND1;57 OFMISCELLANEOUS RECORDS, AND AL50 Si~IOWN AS PARCEL 3 AND PARC!~L 4 QN RECi1RD Of SURVEY FILEp fh BOOK x.91, PAGE 20 OF RECORDS OF SURVEY, 80TH IN THE OFFICE~OF THE COUNTY RECORbEIt OF SAfO COUNTY, DE;SCRlBED AS FDLLflWS: BEGINNING ATTHE NpRTHWEST{ORNER OF SAfU PARCEL 3, A5 SNOWN ON SAID RECaRD OF SURVEY, THENCE, $OUTIi 89'58'55" EAST, 62'0.37 Fi`ETTOTHE NORTHEASTGORIVER OF SAID PARCELS, SAID PDI NT ALSO Bf1 NG THE NORTHWEST CpR1VE1i OF SAID PARCEL 4; THENCE, SOUTH 89°58'~'~ EAST, 660;37 FEETTO THE NORT'HFAST CORNER OF SAID PARCEt4; THENCE, SOLJT~1 OQ'p5'Ofi" EAST, Z~91ai! FEET' TO THI: SOUTHEAST CORNER OF SAID PARCEI, 4; THfNCE,1VORTH 89`58'55" WEST, 6SO.Z8 FEETTOTFIESOIf'TFfWESTCORidER OFSAiD PARCEL 4, SAID POINT ALSQ BEINGTHE SOl1THEASTCORNER OFSAID PARCEL 3; TFIEIVCI:, WESTERLY ALONG 7HE SQUTHERLY LINE QF SAID PARCEL 3, NDRTH 89°58'SS" WEST, 600.35 FEETTID 1TiE BEGINNING OF A.TANG>NT~CURVE, CONC~IuE NORTHEASTERLY, HAVING A RADIUS OF 2U.00 FF.~T; THENCi:, NORTHWESTERLY ALONG SAID CURVE 7HROUCH A CENTRAL ANGLE OF 89"Sl'43", aN ARC LE~IC~TH ©F 31.37 FEET TO A.POINT ON THE WEST LINE LIF SAIq PARCEL 3; THENCE, TANGENTTO LAST MENTIONED CURVE, NORTH 00°0.7'12" WEST,.27155 FEET TO TFiE PAINT QF BEGINNING, i I. ~y: I~ llottglas 1'LS4'787 ~ nouous aa»n+oN i)uliti.and Boynton an srr to ~ . 729. E. Widow 5h+eet t.,~, .aKx $igne~l ~itl, C.d?.90755. (562} 426-6~4Cr4 ~ E/~,~~~~~ I~C~~R ~ A~DDlTIt)NAL +t3-~N PARC~Et Sketch to Acccrrr~any Legal Descr~p~tion . FAST 50th STREET .r- N~ 1981.41' F.~ST ~ 475.51 ^ ?7'7.73 ~_387.7t~ ~ i ?15.47 f5I.7R" EAST 357.90. fJiSt 1 a-zap p • ~ Q • Q N L-3t.4s to ~ ~ ~ ~ ,fir ~ t~ AfVGELE5 ~ I ~ ! ~y. O ~ ~ yam, . 1 JI1NE'IFt~I I;WAY ~ ~ P i 11 I ~srm ~~v t/7 ~ 4 aQaa ~ i . • . SS0.27''~ 5.6{}.27' ~ 1980.81'' 1V~ ae'55"1Y ~ FRL~ITLAND /~tVENUE ` ~ . ~ ~I~E TABLE ~ ' LJt~1E G BEARING I w P, I, W. 373 ~4 SG7. FT. 13, SfiB ~AC, L3 1.00 tig9•gi~ 12•Y L3 14. NDCI_D3' E L4 19 S94' ~ B' . E L~ . 16, 94 IA30.0~ g L•fi fiG: bT S89.98~5$•E I~QTI=~J7 L7 9. 27 S00' 01' OS'11 l,B 3E. 30 S89' SB' . 1'6.00 E11~ OS''Y f'ARCPI..S F, ~2, 3 ACID 4 f~Fr~R 7O R>=GDt~ DF io ra nroo•ar 12•u SUf~V~Y 1=1LE~ IIV t3ix]K J ~ f f',4CE 20 OF R>+CiaRDS ~ La s s~5~sg Ss~E I ' OF SURVf^1' A.a DUCUMI'NT. Nf7,. C7~}-~58 I I X19, f°.f.C~: IS °PROP'~RTY IN QUE~TfOId" A,5 DE9CI~IBED r'~ ~(f1181T '+G I " . uoaaus~ ' N.A.P. f5 "j3OT A PART" * E~IIBIT D LEGAL DESCRIPTION - NEVi~ Q~VEN~ PRaPERTX SECOND PARCEL ai4i©roos,~ iss7~as 6 EXHIBIT C~-'1 PAR~EI. L±~gs~ iD~sor~.~~an THOSE t ORT10'IV5 OF LOT 30 AN1? laT 31, OF THE 50f) ACRta TRACT DF THE LOS ANGELES FRU1T LA3Vfl ASSOCIATtON,.IIV tHECITY OFVERNOPI, COUNTY OF La$ ANGELES, S7ATl'DF CALIFORNIA, AS PI`R MAP RIrCORD£la IN 80aK 3, PAG€S 156 AND 157 OF' RIIISGI:LLAN>:QilS RECORDS, AND ALSO, 8£1NC~'A PORTION OF PARCIrL'Z Ofil RECORD OF SURVEY FILED IN BOOK 191, PAGE 20 QF RECQR135 {yF SURVEY,. BOTH IN THI: OFFfC£ OF THE COUNTY 1~ECORDER OF SAID COUNTY, OESCRfBE0A5 FOLLOWS: 86GIf~IIVING ATTHE SOUTHWEST CORNER OF SAID f~ARCEL 2, AS SHOWN ON SAID RECORD - _ C#F SUiiVEY,. THENCE,: N.ORTH~00°07'xz" WEST, 7.4.00 FEET ALONG THE WEST LIN1: OF SAIQ BARGEE 2; THENCE, SOUTF189'S8'S5" EAST, 83.55 FEET; THENCE, NORTH 0°81't)5" EAST, 1$.33 . FEET; THI=NC€, SOUTH 89'S8'5S" EAST., 29.19 FEET; THENCE, NDR7H 0°Q~'p5" EAST, 16.94 FEET; THENCE, 5011TH 89°58'55" EAST, 60.67 FE1:1; THENCE, ~SQUTH 0°01'05" WEST, 9.27 FEET; TH£1VCE, EOLITH 139°58'x5" EAST, 32.30. FEET; THENCE,.SOUT11 O°01'05" WEST,. S6.pQ FEET; THENCE, ~SOLITH 89°58'55" FA5T,184.38 FEE'>?; THEIVC£, NORTH'CY07'.12" WEST, 2.68 FEET; TNENC£,.SOUTH 89°58'55" EAST, it.00 FEET; T'i-1ENCE, NORTH 00°07'12" WE.ST,13&.79 FEET PARALLEI. WITH THE WEST LANE (]F $A1D PARCEL 2; T?IENC~ EAST, 34,40 FE£T; THENCE, NORTH.r]0°07'12" WE$T,1E;1,15 FEfT PARALLEL WITH THE WEST L1NE OF SAlla PARCEL 2, TO A POINT ON THE NbRTH UNE OF SAID PARCEL 2; THENCE, EAST 457.72 FEET ALONG SAId NpRTH LINE TO7H£ N.QRTHEAST CORNER OF SAID PARCEL 2; THENCE, SOUTH 00°Q5'Oli" EAST 3E}0.71 TO THE SOUTHEAST CORNER QF SAID PARCE#:~2; THI+NCE, NORTH 89°58'55" WEST, 893.04 FEET' ALONG THE SOUTH LIME OF SAlD PARCEL2 TO THE TRU£ PdINT OF Bi:GINNtNG. PteP,ared by,. ~ ~ b nougfa~ s~ .can, P1~~-.~ oouous ~ ~o,t ih8in and Boyr~#ou * aa.:o air ro 7z9 willow Strec~ ~ as : ~ Signal Wil, CA-90755 0 t5c23 42~.r~: a ~ - . E~CH[BIT PARCEL Ske#ch to ACCOmoany Legel description • EAST 50th STREET 47S•a1 ~ 457.73 3$7.74} ~ Rd~0,a0 ~ Q i^ ~ ~ ~ ~~11Gf~~ ~ ~ ~ 1 ~ P ~~C it ~ 3 tJ,i W Q e ~ ~ ~ ~ I7' Row of Los ANp~s ~ ~ ~ ~ N, LB . A d11NG170N RAILWAY' ~ ~ ~ r o Q v/ ~ ~ ° 3~7.7Q N8958'55 w - _ _ - P.. 620..37 ~ ' ~ ~ ~ ~ ~ ~ ~ ~ ~ .~Q ~ ~ d N N m m L 34.57 1 1 ~ 080.28.' N8938.35'W . j • 198D.tI7' N$938'S5"W FRUITLAIV© AVENUE ~ " LAVE TA9LE ~.IN~ N BEA#i~ING SCaI~ I 24~ R, :I, p. 152, 221 Sfl. FT. 3. A95 AC.. Ll ta. Uo Nao•a~~ ie-u. L.2 . 8..55. S89' 3t;' SS' 14. 33 Naa•ar~ as•e L4 R9. 1.5 S89' 5''f L5 - 1 4 1' A5' B bt?. 50' S5••E . N~T€5: L7 s, 7 saa• 1• os•v L9 32: SB9 ' S;~'Q f AI~Cfl~ I . 3 A~VD 12PF~R 7fl ~C{7f~ .QF L9 ib. nv ..sao• 1~ os•w LIa 2. Naa•Q7! 12!w S.E~RVE'Y FIL.~D. IA! FiUOIC~ I ~ I I'AG~ ~U OP 1~ f l ~ i 1, oo se~• se•:ss• e t7F StJI~Vl=1'' A5 pO~UM~N~' ~VQ. C,k~-~5b I I ~R9. P.1.4~; f5 "PROP~fd1Y IN Ql1>r5T10N" Aga Df'5CR1BEI7 IN F-XFiIBIT "B- 14 . ootiolas N.A.P. l5 "NOT A PA(~T' * . ~ sz~f Cl~ RECOltD1NC'r REQUESTED B~fi' aria . wily xECaRDEn ~tL.TO: City of Vernom 4305 Santa Fe Ayenue Vernon, CA 9pUS8 -Attn: Je#I" A. Harcisni~, City Attorney MAIL. TAX STATEMENTS TC3: Exempt. THE SPACE ABQVE IS FOR ItECORI]ER'S USE DOCUII~IENTARY TRAN'S){ER. TAX IS NONE - VALUE AND CUIVSII7ERATION LESS THAN ~$-.I~OO.OQ EASEMENT AGREEMENT ~'I'liis Easement Agreement {the "Agreer~nent") is entered into. this day of 2009, by and among the City of Vernon, a California municipal corporation {`=City„) and :Owens-$rockway Glass .Container Vic., a Delaware corporation {"CI"). RECITALSs A. The City is the owricr of certain real property located at the southeast garner of 50~' Street and Soto Street in the City of Vernon, County of I:o~ ,Angeles, State of California, legally described on Eathibit A-1 and depicted on Exhibit .A 2, each c~£ which is attached hereto. and incorporated.herein (thee "pity Parcel'. B. ~pI is the owner of certain real ~p~rty~ loc~?teci gnat of they City Parcel and south of SE}a' Street in the City of Vernon, County~of Las Atageies, State of California legally described pn Exhibit B-I anddepicted: on E~ihi>~it 5~~, eacfi of which is attached hereto and incorporated herein (the "pl Parcel"). C.. The City desires to obtain a new. non-exclusive. essexnent for vehicular and pedestrian trc to and from the City Parcel on, aver ar~d aei~ss a portion of the aI Parcel which is legally described on Exhibit C-1 and is shown on the drawing on Exhibit C-2 attached hereto tthe'"basement Area".), E. DI is willing to ,grant and cant~ey ~ta the~.City, and its successors and assigns, far the benefit of the City Parcel, a non exclusiveeasement allowing vehicular and pedestrian access on, over and across the Easement Area upon and inaccordance with the terms and conditions l 0197U/~pS3 i$6S81r.4 contained herein. ARTICLE I EASEMEIV`T 1.01 Grant of Access Essemeuly. Upon and subject to the terms hereof, OI, for itself .and all its successors, and ,assigns, hereby .grants anal condeys to the City, and its successors and assigns, for the benefit of~the City Parcel, an appurtenant, perpeti~.l and non-exclusive easement for the use, aonstruetion, installation, operation, access,. maintenance, repair and replacement of ~an access road bn, over,: in, under, and across the Easement Area located 'an the 4l Parcel ("Access Easement"). The ,A,ccess Easement shall be solely for the benefit of fhe owner of the City Parcel, and shall not be dedicated ar used as 'a. public right of way. ARTICLE 2 USE ~DF EASEMENT 2.Q1 Use of Easement, aI~ agrees, ~an behalf of itself and its successar5 and assigns that: (a) OI shall not use, ar permit any other party to.-.use, the Ease~.ent -Area in arty way that violates the. terms of this Agreement; and (b):O~ shall •not construct or install any building, structure, fence, fouindatian, or other. irtxpravernent cn, over, in, under, or across the Easement Area Qr black. or make impassable the Access Easement ("Prohibited Improvement"). The City aclcnov~ledges that. the Easement Area ~contaitas underground utilities, and that DI reserves the- •right to install, repair, replace; and remove such e~i~ting,. xepla,cennent; and aiditianal utilities, and the .same shall .not be coioisidered to be "Prohibited Improvements" for purposes of this Agreement. . 2.D2 Repair,Replacement and Restoration. The City agrees,. au. behalf of itself and its successors and assigns, and at its or their sale cwt 'and expense, to repair and replace any damago to the Easement Ares caused. by the City, its agents,. employees, ccmtractors, or subcontractprs in the exercise of its or their rights under this ;Agreennerit and to restore the same to theix condition prior to `the damage; prc~vitled that su~c}i abligatiori shall. •not apply to any Prohibited Improvement. All such repair, replacement, :and restoration perfaryned by ar on behalf of the City hereunder (a) shall be. commenced within a reasonable time after the need for such arises, (b} shall be~ prosecuted with all tine diligence and dispatch,. (c) shall be carried Qn in such a manner that will nab interfere with 4I's use. axed enjoyment of the remainder of the OI Parcel (excluding the Easerrxent Area}.; ~arld~ td) shall be performed. in •a good and worlcnranlilce mariner, in full compliance with alI building ~cades and other applicable laws and governmental rules and regulations. Except as may be specifically provided herein, OI in na way assumes, nor shall DI have any obligation• or respori~ibility •whatsaevez for, the maintenance, repair, ar neplac®iarient Hof the Easement Area. or for .the uses set forth in=Article I exoept as provided herein. 2.D3 Liens. The City shall not permit to exist or otherwise to be enfdzced against any portion of the Easement Area, any mechanics'., materialxnen°s;. enntractors' yr -other li~er~s (collectively; the `°Lier?a"} arising out'af t1ie~ acts or ontissions of the +City~ hereunder, 'I'}•~e City 0191 Q10g53 185586.q hereby indemnifies and agrees to hold DI free and harmless fi:om all liability for any and' all such Liens, together with all Costs and expenses, including, but not linuted to, attorneys' fees and court coasts. reasonahly incurred by I]I in connection therewith, If any such Liens shall at zany tirtze be recorded against the Easem~nx Area or-any portion thereof as ~a result. of the foregoing, . and the. City shall fail, within thirty (30) days after such irecarding, to either (i) pay•and discharge the underlying claim sand cause a lien .release to be recorded pr (.ii) furnish .to QI a surety bond .or other security reasonably satisfactory to UI protecting flI against liability. far such Lied and holding the affected property free from the effect of such Lien, then OI may, but shall not lie obligated to, tape such action or pay such amounts as maybe necessary t4 remove such Lien, and the City shall. immediately pay UI the amount'so e~c~nded by QI, together. with interest thereon. at a rate of ten percent {l0%a) per annum accruing from the date of such payirtent by OI until paid in full by the City.. ~,U4 , C.onditioaa. 'The City accepts the Easement Area in its. "AS' IS" .condition. OI makes no representation or warrataty as. to. the condition of the Easement Area and has no . obligation. to maintain ~or psve the Easemett Area, The City and~~any successors to tine city's rights under this Agreement shall .have the option, in their sole discretiotl, to pave tho Easement Area, at the .City's or its successor's sole cQSt ~~and expense. Any such pavement shall. take into account and provide appropriate stone drainage for surface water in the .Easement Area. ~T'o the extent that the City paves the Easement ,A~ea, and (JI reciui~s access to any. underground utilities located or to be located in the Easement .Area, flI shall 'pro~pCly repair any damage to the pavement and return such pavement ~ta its pre~l~xisting condition, all at QI's sole cost and. expense. Except to the extent caused by the negligence 'or vvillf~l rrusconduet of. OI ox its . successors ~or assigns, ~ar a~uy of its or their agents; representatives, employees; tenants, customers; guests, licensees or invitees (collectively, and ixlclcldirig OI;. the "OI .Parties"}, the CitX hereby `agrees that. the ~I Partiesshall not be liable far, .and are hereby released from any responsibility for., any damage to property ar ' injury to persons sn~tained by the City 'or its successors or asskgns; sir any of its or theirelected officials, .staff; employees, agents; successors, assigns:;. and representatives ~enllectivsrly, and including: the City, the "pity parties"} resulting from the use or loss of use ofthe Easement Area. 2.US Limtatia>a of Li$bility. No: City Party shall be liable to any OI Party,. and no OI Party ~sha11 be liable to any City. Party, and neither the City Parties ear the DI Parties shall be liable to any, third party for ~ any lost revenue, lost profits, loss 'of technplogy, riglrts or services, incidental, punitive, indirect ox consequential damages,. loss .of data, or inteiruption or lass of use of'service, even if advised of the possibility of such damages., whether under theory of contract, tort (including negligence), strict liability or otherwise in cotnitrrcti.on with. or arising out of or related to the existence, -use; or loss of use the Easement Areas, ""The ~terlns of this .Sectiair 2.05 shall prevail in the event of any conflict with aqy~ other provision ~af this Agreement, ARTI~LIv 3 MISC>~]<,LANEO~U~ PRD'~ISIDNS 3.Q1 Indemni~ciation o#~DI. The City, fox itself~~and its. successors. and assigns, hereby 3 QE91010R53 1885.86.4 agrees . fez indemnify, defend, and hold. harmless• the. Oi .Parties from 'and against. any and all liabilities, obligations, injuries, losses, damages, liens, e~cperises {including, but not limited to, reasonalilc attorneys' fees and court costs; and casts of experts and witnesses), elawts, de~riands, actions, or causes of action of whatever -kind or nature caused by or .arising out of ar in connection with any .loss or damage to propierty or injury or deaih to persons arising out of or resulting from (a) the acts or omissions of the City on or about the Easement Area in rannection with the exercise of airy ~ rights: under tlxis~ Agreement by the City; ~or (~b) the .City's breatch of any agreement, covenant, or condition contained herein;. except in each instance to the extent .caused by` vx arisizig~ out .af the negligence ar willful ntisconducx oaf the OI Parties,: The obligation to indemnify hereumder~ shall include 'the gbligatian to defend the CSI Parties with oaunsel reasonably acceptable to OI, and to provide such defense .without first requiring ~I to undertake its defense or expend funds. The indemnity set forth herein shall survive the termination of this . Agreement and shall be binding upon ~e City,.its successors and assigns. 3.02 Insur~an+ce. At the City's expense, the City shall maintain a ~olicyr ar poIicies of liability insurance covering the City's use of the lvascxnsnt Area in ~an atnocwt of at Ieast Two IVfillion Dollars- ~'{~2;0(IO,UQQ} for each ~accurrence, with deductibles of no: more than.:Fif4y .Thousand Dallaxs. ($0,000) for eacfi occurrence; and Warning flI as an additional insured. From tune to time,. but not less: frequently than once per year, the: City shill provide OI with evidence reasonably satisfactory to the. QI that the City has the insurances coverage required by tlus Section :3'.02 and that OI is an additional insured thereunder: T~Totwithstandirtg .any provision of thin Section 3.0~ to the contrary; the City and its agencies (including the Redevelopment Agency} shall be pcrinitted to self=.insure the coverage required by this section, and ouch other successors and ~ assign's of the' City shall also. be permitted to self-insure ~wit]x the prior written consent: of OI first +obtained (which consent shall not~be unreasonably withheld or delayed). 3.43 Injunctive R+etiief: I~u addition bo other rights and remedies hereunder or at law or in equity, and without liinitatiou of any. of the foregoing, ~eaoh of the 'parties hereto shall be entitled to enjoin any breach ar threatened breach by any other party hereto of any. covenant, agreement, term, provisiaz~, or condition hereof. . 3.4~ ~ Bittdiag .Nature. This Agreecneu , and all of the terms and conditioitis contained herein,. shall bind the parties hereto and their respective successors and assigns, and. shall be deemed to run with the: land and bind and inure ta~ tlie~ benefit of the City Parcel, the OI Parcel, and the Easement Area, .and all respeeti~e appurtenances thereto. 3.45 Severabiliiy. This Agreement is~~intended to be~lierfarmed in aocordance~wifh, and enly~ to the extent permitted by, applicable }aw. if any provision of this Agreement; or the . application thereto to any party or eixcumstance shall, for any .reason and to any extent, be invalid or unenforceable, such provision slxall to that extent b~e. omitted, and the remainder of this Agreement and the. application of such prnvisi6n to other .persons ar circumstances shall nit be afr''ected. thereby, bnt rathex ,shall lie enforced ~to~ the maximum extetxt peimitteci by law. 3'.46 ' Relatlnnshi~p of the Parties. Nothing contained herein shall. be deemed or construed by the parties hereto, or by. any thixrl patty, as creating the relafiionship .of principal and agent or of partinershig ~.or of joint venture between the .parties hereto,., it being understood and 4 . Ot910/OD331865$6,sk agreed that ao provision contained herein, nor :any acts ~of the parties hereto, shall be deemed to create 'any relatiot~ship'between the parties here#Q° other than the relationship of easement grantor anti easement grantee. 3,~7 Captinnq. The captions in this Agreement are for cotiveriience only and shall nat be deemed :to be a part hereof: G 3.~8 Exhibits. Exhibi#s. A-I and A-2, )3~1 and B-2, and C-.1 and C-~ are incorporated. herein by reference. 3.09. AttQrney~' Fees. If the City or aI brings any Ieg~al proceeding in connection with or~ arising aut of this .Agreement, dr to interpret or enforce. any of the terms,. covenants or canditipns hereof,..the unsuccessful party in such p>oceeding shall pay the prevailing party's costs and expeizses, includit><g reasonable attorneys' fees, incurred in tie bringing yr defending of-such proceeding- :3.10 Amen:dimcnt.~ This Agreement may .not be ~inodified or amended except: by a written .agreement duly executed by the gartxES hereto or bye ~th~ir respective successors or assigns, as the case may be. 3.11. Recolrcling. This. Agreement shall beexecuted in recordable form and either party shall I>•ave the.right to record, ~at its expense, this Agreerl;ent among the Official Records pf the County of Los Angeles, State of C.alifiornia. 3.12 Interpr+etretion. This Agreement shall lie construed- in accordance with and governed by the Iaws of the State of California .Each party .has participated in negotiating and drafting this .Agreement, so if an ambiguity ar a que~tibn ~of intent or interpretation arises, this Ag~ement is to be ee~nstrued as. if the parties had drafted .it ,~oizitly, as ~opprised to being cozigtived against a party l~cause it was responsible for drafting one ar more provisions pf this .Agreement. 5 b1910ltf~33 i~6SBG.4 ~ . The patties have executed this A~gre~ement ~on the dad set fprth below their signatures. CITY OF VERNOhi Hilaria Gonzales;lVlayo~r .Approved As tct Form: $y: Je ~ n, City At`tnrney~ Date:' 9 .aVV~NS-SR~CT~WAY GLASS CorrTAnv~R n~rC. By: Its: ~7ate: By: Its: Date: P_~6gC~,11n11141oY11 ~.963LD'nY7b11QNpNrnRa.OpC - - b 0.19i41UgS31S~S86.4 ATTEST: By: anuela Giron, i y Clerk 6a STATE OF aHIO ) } SS: COUNTY OF V1~00D ~ ) The foregoing instrument was acknowledged before me Phis, day of , 2~04~, by ,the of Owens=Broc~Cway C~Iass Gantainer lxl~c., ~~.Delaware corporations, on behalf of the corporation. - ~Tvtary Public STATE OF CALIFORNIA } SS~. COUNTY OF LOS~ANGELES } OIY~ ~ ~ , ~0~ BEFORE ME, Q C~._-w~ , ~ NQTARY PUBLIC, PERSQNALLY APPEARE3~ la~~o C~~ ~ l~ ~ WI~c~ PROBED TO ME ON THE BASIS OF S.A.TISFACTORY EVIDENCE TO BE THE PERSON WHOA; NAME IS SUBSCRIBED TO THE WITHIN IIVSTRY7MEIVT ,AND ACKNOWLED~iED TO ME THAT HE E~C[7TED THE SAME IN HIS AUTHC?RIZED CAPACITY`, AND THAT BY HIS SIGNATURE~ON THE INST'RUMEiVT, THE PERSON, ORTHE ENTITY UPON BEHAT.F OF WHICH THE PERSON ACTED, E~CUTED THE INSTRiJ11~fENT. I CERTIFY UNDER PEI~IALTY OF PERJURY UNDER THE LA'~VS OF THIJ STATE OF CALIFdRNIA'THAT THE FORE?Gl~TN~'r PARAGRAPIi IS TRUE AND CORRECT. WI SS' MY HAI!1I3 AND OFFICIAL SEAL. ~ ~ MANUELA GIRON O Sl Commission # 1b11388 a .Notary Public - California ~ ° • Los Angeles County tl' My Comm. Expires Nov 4, 2009r 4191 U10033~ 1.8G586:4 CERTIFICATE OF ACCEPTANCE This is to certify that the easement conveyed by that certain Easement Agreement dated May ~ l , 2009, from Owens-Brockway Glass Container Inc., a Delaware corporation, for an easement over City of Vernon's property located at the southeast corner of 501h Street and Soto Street, City of Vernon, County of Los Angeles, State of California (APN 6303-029-015), is .hereby accepted by the undersigned officer(s) on behalf of the City Council of said City pursuant to authority conferred by Resolution No. 9897 of the City Council of said City adopted on March 23 2009 and the City consents to the, recordation thereof by its duly authorized officer(s). Date: The City of Vernon Name:. Hilario Gonzales Title: Mayor ATTEST: anuela Giron, Cit erk APPROVED S TO FORM: N of .Harrison Titl ity tt rney 1 0191070053 188739.1 EXI~lBlT ~~~_1 CITY P~1~CEL TMAT PC3RTION OF LET 3p, OF T#1E S.OQ ACRE TRACT OF'PHI: LOS ANGEUa t^TiUIT 1AND A550CIATIOI+1, IN THE Ct7Y OF VEltN~i~t,, COUNTY C)F LOS ANGELES, STATE 01 CAUi:ClRNIA, AS PER MAP RECORDED IN BOOK 3, PAGES 156 AND 157 Oi` MiSCELI.AN£QUa~ R,fGgRpS„ AND AJ.S4: HftNG A PORTIQI~I ~OF PARCEL 2 A5.5HQWlV ON iiECURD OF SURVEY FiLEQ I# t~4OIC I9t, RAGE ZO OF RECORD¢ OF SURVEY, BOT~i~IN THE OFFICE 1?F THE COUNTY~Rft~OR~R OF.SAIE3 COUNTY, WRHIN THE F01.LOWING E>~SCR18Efl PAR1~t 0~f iAND: COMMENCING AT T#l6.SiQUTHWF.3T COt~IER OF SWD pARCfL AS SHAWN ON RECORI3 OF SURVEY, THENCE, NORTH €itt'iy'l'XZ" Wi37, '1,±±11..011 FEET ALQNG THE WEST LINE OF SAID PARCEL 2 TO THE TitUE POLNT OF BfGiNNING FDiI THIS DESCRiPC#ON; THENCE, $QY}TH 89'5$'55" FAST, 83.55 BEET; THENCE, NORTH O'iil`ti5" EAST, 14.33.PEE~'; THENCE, 85'S1Ei'"r5" EAST, 29.19 FEET; THENCE, NORTH ~'U1~5" EAST,16.94~FizEI' 7iifillC~, SiDU'tH i~9'S8'55" FJA5T,.1a0.67 FEET; THIr~ICE, SOUTH 0~1~a" INE'aT, 9.27 FEET;'ti~, SLiU'~'H 89"58'55" EAST, 31.31} FEET; THENCE, SOUTH 1#'Qib5° WEST,1fi..00 FEET; THI=NICE, 50t1TFi 8B'S8'SS" EAST; #$4.38. FEEC'; THENCE, NORTii 1I'p'7`12" Wf4T, Z,GB MEET; TEitNCE,S'i6~tlTH 89'5$'55".EAST, ~1~..~ FEET;THENCE, NORTH tl[~"t77`1Y WE~1',116:7$ FEET PAitAt.~l WRH THE WE'.Sl' LINE OF SAIi? FARCEE: ~Z; THENCE, EAST, 34.~tt1 FEET; TH1T~, NORTH 00"012" WE5T,161.15 FEET PAI3ALI:leL WE1'FE 7Hi: WEST UNE OF 5ND PARCEL 2, Td,A POIRFT' 01+1 THS_ Ni~TH LINE QF SAID PARCEL THENCiy tAIEST, 415.47 FEET ALONG THE iVDR'F4~1 LINE OF SAIp P~[1RCE1.2 ~ THE BEGlNitlEt?jG OF A TANGENT CtlRVE, CONCAVE SQU'T1~#~ASTERLy, H14tlING A~RADIUS OF 20.00 FEET;~TH~NCE, SOUTHWESTERLYAL~IG SAiD:C,t,IRVE, THRCi~ A CI?NYRAL ANQLE OF 9f1'i37'12", AN ARC LENGTH OF 3]..45 FEET TO A PC1tNT ON THE WEST UNE OF SAID PARCEL. x; THENCE, SOUTt~00'07'12° FAST, 266:35 lrE:E"T AI.gNG~SAED WEST LINE . TO THE TRUE Pt?1NT OF E3EGINNING. ~?'~~Y: ' r ~ . . ~ ~ OC1101/1~ ~ /aYlBeli ~ * E1a4 3p ~ iq ~ ~ B. W~R? E.S. X757 1Gif, C. A 9E17'S3 4Z6-6!ib4~ ar ~ EX~iIBIT RR~~17fR ~~T'r ~'~tRCE~ ice#ch tQ ~cco..a~n~ L+a~l 1Des~r~p#~n EJ4$T ~tl~ STAEET . f981.4'I' 4$:31 457.73 3i~7.~ ~T ~90YJTi2' ~ ~ R.•xa.oa ~ ~ ~ ~ 1 W ~ g tro~~s ~ 's_ . ~ tam 'l ~ ~ s ~ >,.r z - - P _ 3 ~ 1~3t.31 ! ~ . l96L3.81' 1~6'S~'S5"W FRtC~TLAND AVENUE WVE 7118LI; l.>I~ F'. Y, ii. 116; i~15 SQ, FT. 2: 6GG AC. . ~ . 5 ! 2QQ' ~ R~~ i~ NOS: ~ . PA,~F.;15 I , 2, 3 AND ~4 RJR Td 1~~70is;D OF ~ SUI~.V~Y Fstl.lrR IN B~UK 191 PAS 84 dF I~OpRDS ~.s t~.: w OF 5UP•12Y A5 :DC?~UM1~"I' AiCC?. ~2~31 I X48. i~ANb, ' b P.I.D. IS "r''R1Y IN Qt1E3TI~d" AI3 lfBCD iN a hI.A.P. 15'9JUT A. PART! k . C~ ~ EXHIBIT "B~1" Q-I PARCEL L~a~~ des ~ip~ion . THOSE PORTIONS OF LOT 30 AND LOT 31, QF THE 5Q0 ACRE TRACT OF TE{E LOS A'NGEU:S ~fiRUIT LANf3 ASSQCIATIDN, IN THE CITY qF V€RNOfV, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECQRQEt~ IN BOOK 3, PAGE$158 AND i57 OF fV115CEflANE0U5 RECORO$, AND ALSO LiEiNG A PORTIQN Of PARCI:t 2 QN RECORp OF SURVEY FILED IN BQOK 191, PAGE 20 OF RECORDS OF SURVEY. BOfiH 1N THE OFFfCI: OF THE CDtlNTY itECBRi)f:R OF sAl~? COUNTY, QESCItrs1D As Fol.LOwS: 13EG1NfVlNG AT~"HE SQUTH11i1lrST CORNER OF SAID PARCEi. 2, AS~SHOWN ON SAif) RECORD - - _ ,OF SURVEY, TNEWCE, NORTH Dp°07'],2" WEST,14.pp FEET~ALONG THE WEST FINE OF SAID BARGEE 2; THENCE, SOUTH 89°S$'55" EAST, 83.55 FI~ET; THENCE, NORTH~0°01'D5" EAST,1~i.$3 FEET; THENCE, SOUTH 89°58'55" EAST, 29.19 FEET, THENCE, NORTH D'01'~5" EAST, 16.94 FEET; THENCE, SOUTH 89°58'55" EAST, 60.67 FEET; THENCE, 50UTH 0°01'05" WEST, 9.x7 . FEET; THENCE, SOUTH 89~°58'55" EAST, 3x.30 FfiET; THENCE, SG~UTH Q°Ol'05" WEST,1fs,g0 FEET; THENCE, SOUTH 89°58'55" fAST,184.38FEET; THENCE, NORTH 0°fl7'12" WEST, 2,68 FEET; ~rHEniclr, sDUTH ~s9°58'5" EAST, ~1.OQ FEET; TIiENCf, NORTH 00°(}7'12" war, S1S.73 FEE'C PARALLEL WfTH.THE WEST LINE OF SAip PARCf:l2; THENCE, EAST, 34.4D-FEET;THiNCE, NORTH QO°fl7'42"~ WEST,161..15 FEEr PARALLEL WITH THE WEST LfNE DF SAID PARCEL 2, TO A POINT qN THE NORTH LINE pF SAID PARCEL 2; THENCE, EAST, 457,72 fEET ALONG SAID NORTH UNE TO THE NORTHEAST' CORNER OF SAip PARCEL 2; THENCE, SQLiTH QO°OS'06° EAST, 3p0,7~. Tf3 THE SOUTHEAST CORNER OF~SAID PAkCEL 2; THENCE, NORTH 89°58'55" WEST, 893.04 FEETALONC,t THE SOUTH LINE OF SAID PARCEL 2 TO THE TRUE POINTOF BEGfNNING.. Y~ r7ouglas Bo ' n,:PLS4~ ~ .ouau~ ~ .a~rnraN ouiln aid Avymon * 30 ~ ,o 7:z9~E. wlltow Stet ~ s,gnal ca ~so7ss (s~z~ ~zr~4 EXHIBIT "B-2" • t7-~ PARCEL Sketch to Accom~en~r Legal De$c~iption • EAST F4th STREET ~ ~ 981.41' x•75.51 437.73 ~ . 3~7.:7Q ~ •1 _ a1s.4T _ WF5`3' _ _ 457.7x. _ _ EAST A~OYt7't2" ~ 387.70' EAST ~ Sgt R=20.00 4' . ~ ~,y ~ ~ ~ ~ W ai i;, 1i' ROW O~F• 1-0s ANGELES i+ • .F $ n L8~ t.84: ~"E ~ ~ * ~~4752~5 0 R.Y ~ s ~ ~ $ ~ 3 1 ~ ~ , " 387.70' N8B•~8"65°W l ~ ~ 600.33' N~"3S"Sd"W 884.28' Nes'Sa'ss`W 1 S6o.2T ~ - 6S0.2T f. 'I N89'S8 55 W FRUITLAIVD AVENUE LINe TABl..~ . LINti GTIi B£ARIA16 _ . SCaie I'~ ~C~O' P; I. CI.. 352, 22I SQ. Ft, 3. 495 AC, Li 1~. oa n~oa'oT' i~~u ~ sass s ~ ss• e 13 i4. 33 HOO'il]' O5•E L4 . . 19 SS ' '.5ti'E 16.94. N00'0•l' 6 f~t~TFS: L6 sa.6:. Sq9'. 'E 7 9.~ 7 SOq•gi'OS' B ~:•3O S$9' S9' S5'.~ f'RRC~I.~ I . 2,'3 AND 4 BFI=R~TO ~PEC.OiZD.Of± L4 iB. 'a~'vs•u SURV~ FILED IN 1~C7K I.9I PAGE 2'0 QF I~G~RD:3 ~1 . • ' la'u L '11. ~ ae~'se'~s• OF ~UI~VtY DUG.l1t~}~N~" fJO. OAF.-~58 •4~. P.f.W. Ia "f ROPEfZ7'~ Ifv 4u>~Yfot~~~ ~ DRIH~f3 Ilv • >=acr~~>~tr u>3~ I ~OIIOk~B q ~i.A.l'. IS "NQT ~A PAfZT" * io ti E~CHIB~T "C-7 IngressiEg~ess Eas~mrent ~.~g~at~l Dam ~ ti~ln THOSE PORTIDN5 DF LOT 3i1 AND I.OT 31, OFTHE 50D ACRE TRACT OF THE L05 ANGEL'fS FRUIT LAAII) ASSOCIATION, IN THE CITY OF VERNDN,. COLtNTY OF lAS ANGELES,. STATE: OF CALIFORNW, AS PER. MAP RECORDED fN >3DOK 3, PAGES 156 ANT] 157 OF M#SCELLANEOUS RIrCORDS, AN.p ALSO BEING A PORTION QF PARCEL 2 ON RECORD OF SURVEY FILED IN 800K 191, PAG£ 20 OF ItJ;GORDS OF 5URVEY, BOTH IN THI; OFFICE OF i~Hf: COUNTY RECORpf:R OF SAIq COUNTY, DF:~CRIBED AS FOIlOWS:. ' BE.GJNNING AT THE SOUTHWEST CORNER OF 5rAID RAItCEL 2, AS SHUWN ON SAID R>rCpRD OF SURVEY, THI:NGE, NORTH 00°07'12" WE57,14.Q0 FE~I'A1.ONG THE WEST LINE O.FSAID-PARCEL 2; THEf~F.CCE, SOUTH 89°5~8'S5" £AST, $3.55 FEET; THENCE, NORTH U°Ol'05" EAST; 14.33 FEET; 3HENCE, SOUTH $9°5835° EAST, 29.19 FEET; TFfENCE, 1?l©R7H 0°01'05" EAST, 16.94 FEET; THENCE, SOUTH 89°58'55" EAST, fi0'.67 FEET;. THENCE, SOUTIi~U'01'OS".WEST, 9.27 FJ=ET; THEtVCE; SOUTH S9°5$'53" EAST, 92.30. FEET; THENCE, SOUTH 11°03'05" WEST, 18.00 FEET; THENCE, 50UTN 84'88'55"EAST, 1.84,38 FEET; THENCE, NORTH 0°07'12" WEST, 2.68 FEET; THENCE, SOUTH 89°58'55" . EAST, 11.00 FEET; THENCE,. NORTH 00.07'i~"WEST, 146.73 FEET PARALLEL WRH THE. WEST LINE OF SAID P`ARCl:L2; THENCE, EAST,'~4.40 I=FFY; THENCE, NORTH 00°07'iZ" .WEST,1Gi.1S FEET' PARALLEL WITH THE INI:ST tINE OF SAID PARCEL Z, TO A POINT 01V THE NORTH LJNE OF SAiI) PARCEk 2; THENCE, IA5T,~457.7Z FEET ALONG SAID NORTl3 LINE TO THi: NORTHEAST CORNER OF 5AID PARCEL2; THENCE, SOUTH 00°(15'06° EAST, 30Q.71 TO THESOLiTH1;A5T CORNER OF SAID PAI'tCEL 2; THENGE, NORTH '89°58'55" WEST, 893.014 FEET ALfJNG THE SOUTH LINE OF SAfq PARCEL 2 TO THE TRUE POINT OF BEGINNING. INGJ~ESSJEGRESS AND UTILITY f:ASEAIiE~IT BEGINNING AT THE SOt1THWE5T CORNER gFTHE ABOVE I]ESCRIBED$AftCE1 OFLAND, TffENCE, NORTHERLYAL.ONG~HE WESTIRk,Y LINE OF SAID PAtiCE1, NORTH W°07'L2"WEST, -14.00 FEET; THENCE, SOUTH 89°$$'55" EAST, $3.55 FEk'T'; THENCE, SOUTH 00°p1'0.5"WEST, 14.Oa FEET TO A POINT ON THQ SQUTHERLY LINE LyF SAID PARCEL; THENCE, NORTH 89°58'55" WEST; 83.52 FEE! 70 THEPOINTOFBEGINNfNG. THE ABOVE DESrCR1BED EASEMENT CONTA1N51,1fi9 SQ,.FT; MARE OR LES5. . Prepared by: 4>~ 1 ~ .O G~ DOttgfa.4 AI,S~~ 87 •ouauls A. eo7KroN ~y I)ulin.arud Bayttton # Exv. as a~i to 729 E. Willow S~aei t~s. Signal ITiU, CA 907$5 (56~~ 426-6~#b+~ C E1.1H~~~~ rr^-Gn . Lr~gress/Egress Easemer~~ •Sk~e~ch ~to Accompany Legal Des~Pti~n . EAST 5~~h STREET 475.7 r 4~.7>73 ~3'~.7C1 \ •t ar~4r r?~sr - 157. ' 70' e~sr '1 • . e~-aotiri x~ ~ iV L~•37.~ • W • m :N is P n. In~eaefEgress ~smat • • W .P ~a •(~s.. ~•tat) ~ ~ t7' eow of cos ~Nm.~s ~ e ~ Zr 'o ~ JUNGTFON RAILWAY $ ~tt 1\ ~ ~ Q.R. ~ l~ ~ ~ Ua as~:7a N~~ss=w ~ ~ ~ e~ ~ ~~.~y ` ~ EIfD.33' NBSM "W 2g' N89'S1{ Mt r~gs~ w • FR~JITLAND AVENIaE d~r~i~. uN~'rAeLE Not ~ ale LINE ~ G BEARING . 1 14. OC) N •0T I2'le L2 a3: 55 589.58• 5•E L~ I4. 33 N00.01.OS'B L~ ' • 29: 19. 589' S8~ • E tngreaef~eas E.ens4 / I.b 60, 67 Sl¢9." B's'a•S . ~ Ui.' L8 .3a3. 30 58,9! 58.' 55' E Ll~ [ ~ L9 16.-00 S[s0!Ol' OS•k .L1Q x.58 ~ , iZ.Y p L73 Lf 11.'00 •fS8'58.5 LI 14. ~1•AS•Y L13 . 52 NBS'SB' 55' ii t7L',J~*-JknS J3 W . 10 # 5~e1e 1 2~C1" ~ . C. RECORDING. R.1!QUESTED BY' ar~d WI-IEN RECOQRAED MAIL TU AND lVlAIL TAX STATEl1~IENTS TO: Owens-Brockway Glass Container Inc. Urte Michael Owens Vit'ay Perrysburg, Ohia 43551 . Attn: Crlabal Real Estate Department ' TFIE .SPACE ABQVE Ia FOR RECORDER'S CJSE D.C?CUNIENTARY TRANSFER TAX I~ NONE -VALUE AND Ct~NSIDERATIDN LESS THAN $.1~00.0d EASEMENT AGREENYENT This Easement Agreement {the "Agreement") is entered into this day ..of 2009, by~~and annong.the City~af Vernon, a California.municipal corporation ("City'°) and Ovens=Brockway Gras ~Container~)lac,, ~a Delaware corporation ("GI°°). RECITALS: . A. The City is~ fhe. nw~ner of certain real property located at.the soutl?east corner of 50~' Street and Soto Street in the City of Vernon, County a~f Los ArageIes, State of California, legally described on Exhibit A-1 and depicted pan Exhibit A-2, each Af which is attached hereto .and incarpt~rated herein `(the "City Parce:I"). B. The City acquired title to the City Parcel from OI by Grant Deed xecarded in .the Official ~.ecords of the County of Los Angeles, State of California. C. QI is the owner of certain,real property locatedeast of the City Farrel and south .of SU~'~ Street.in the Cily~ of Vezzion, County of Los.Angelesj State of California 1~gally described on. Exhibit B-1 and depicted an Exhibit B-2, 'each of~ which is~ attached hereto and iiict~rporated herein (the "(~I ParceI'~. L). Ol is. also the owner of a separate parcel of real property 1QCated on Fruitland A~eiiue, bounded by S.ot~a Street and Boyle Avenue, South of the Cit~+ Parcel and the t~71 Parcel, in the City. of Vernon, County of Las Angeles, State of California, legally described vn Exhibit C~1 and depicted on Exhibit C-2, each of which is attached hereto and incorporated herein {tlae "Additi~onal4l Parcel"). 1 p.14iQ~U©33 t B5$?A.6 E, OI desires to obtain a new non-exclusive easement #o pza~vide fixe and emergency access as may be necessary to maintain and service theAdditional QI Parcel on, over and across a portion pf the City Parcel whieli is .legally described on exhibit D-1 and is. sliov.~m on' the drawing an E~Libit D 2 attached hereto {tlie "Fire ~ic~ss Easement Area"). . F. C3I desires to obtain a new non-exclusive easement ta~ prpvide far a no-build area to maintain and service the •Additioiial QI Parcel on, trver'and across:a portion of the City 1'arcei which i.s legally described pn Exhibit E-Land is shown an the drawing. on Exhibit 1~~2 attached hereto (c+ollectivcly; the "N~o-Build >Jasement Area"). F. The City is willing to grant and convey to UI, and its successors and -assigns, for the benefit of the Additional QI Parcel: 4a} anon-exclusive easement allowing fire and ~emergenc~± access on, over and acres the Fire ~#cccss Easement: area; and (h.) a non-exclusive ~easexnent providing for a no-build area. on, over ~d acx~ss the Nv-13,uild Easement :A.rea; all - upon and in accordance r?vith the terms and eonditiahs contained hereian,. The Fire Access Easement Area and the No-Build Easement Area. are individually referred to as an "F.,asemerrt Area" and coIleetively referred to as the. "Easement Armors": ARTICLE 1 EASEMENT~~, 1.01 Grant of Dire Access Easemen#. I.Tpon and subject. to the ~~terrns here+af, the City, for itself and all its successors and assigns, hereby •grants and conveys. to .{JI; and its successors and :assigns, for the .benefit •pf' the Additional QI Parcel, an .appurtenant, perpetual and non- - ~exclnsive easement for the use, Cptl9tr•lictipn, installation, operation, access, maintenance, repair and replacement of ~a. -fire and emergency access road ran, over, in, under, and across the 1~ ize Access Easement Area located on the City Parcel {"Fire Aecess.Easement'~, 1.~2 ~ -Grant of ~No-guild Eaaenren#: Upon ~ and subject to the terms Hereof, the City, - far itself and .its successors aril. assigns, hereby grants and cpniveys to pI, and its successors ~d assigns; -for the benefi# of the Additional QI Parcel, an~ appurtenant, perpetual and non-exclusive easement that shall prohibit the City, and its .successors and assigns, from constructing, installing, locating or rrlaintainirtg any building, structure, or other improvement- on, over; sr across the Na-Build Easement Ar~? located on the City Paxeel ("N'io-•Build. Easement"). 2 01910!0053 l83.$2d.(y ARTICLE 2 CI$>~ QF EASEMENTS x.01 Use. of ~as~m+cnl~s,. The City agrees, on bef~alf. of itself and its ~successars and assigns that: , (a} -the City shall not use, or permit any other party to are,. the Easement Areas in any way that violates the terms oaf this Agreement; and (b) the. City shall not construct ar `install any building; structure, fence, foundation, ,utility ar other improvement ,on, over, irt, under, or across'the Easement Areas or blaClc armake impassable the Fire Access Easement.,("1'rahibited impxovement'~. . 2.02. Repair,: Replacemen# and Restoration.. QI agrees, an behalf of itself .and its suCC.essors and assigns; and at its. ox their sale cost and expense; too repair and. replace any damage to the Easement Areas caused .liy fJI, its agents, et~ployees,. contra~ctars, or subcontractars~ in the exercise of its~or their rights under this Agreement and'tb.restore the.saate to their..co~ndition, prior to the damage; prowtded tlsat such obligation shall not apply Lo quay Prohibited Improvement, All such repair, replaeemetrt; and restoration petfarmed by or on behalf of OI hereunder (a}shall be commenced within areasonable.-time after the need .for such arises, (h~} .shall be prosecuted with. all due diligence and dispatch,. (C) shall becarried on in such a ti~anner that will nat interfere with the City's .use :and enjgym~ent of the renaaindcr of ille City Parcel excluding 'the Easement Areas), and (d) shall` be performed in a goad and warkwatiiike manner, is full compliance with all building codes and other appliaable laws and governmental rules and regulations. Except as tnay be spccificaJly provided herein, .the City in no vray assumes, nvr:slxall the City have any obligation or responsibility. whatsoever far, the maintenance, repair; ar replacement of ~ the Easement Areas or far the. uses set forth in Article I e~ccept .as provided h~in. x.03 Liens. DI shall not peimit to exist ar otherv~ise to be enforced against any portion of the Easement Areas, any .mechanics', materialmen's, epntractQrs' or :other liens (collectively,.. the "T:iens") arising out of the acts or a~issioris~ of CI hereunder. OI hereby indemnifies arxi agrees to hold the City free and harmless from 'all liability for any and all such Liens, together with all costs a>3d expenses,. including, but not limited to, a#+~rneys' fees and court.. costs reasonably incurred >}y the City in connection therewith. If any such Liens. shall. at any time be. recorded against the Easement Areas or any portion thereof as a. result of the. foregaixag, and ~OI shall fail, within thirty (30} days. after such recording; to either (i) pay ~atLd discharge the underlying claim and cause a lien release to be recorded or (ii) fuzxiish to the City a surety bond ~or other. security reasonably satisfactory to the City protctcta~g the City against liability far such Lien and holdi~tg the affected-property free from the effect of such Lien, their the City may; but shall not be obligated ta, take such aotian or pay such am~o~tnts as tray be ne~cessaty to remove such Lien,- and OI shall immediately pay the City the amount so expended by the City, 'together with interest thereon at .s rate ~of ten peicent '(l0°Ja) per annum accruing. ~m the' date of such payment by the City until, pain in fall by (~I. 2,04 Condition. QI accepts the Easement Areas in :their "AS IS" condition: The City snakes no repXesentation or. warranty as to the condition of the Easement Areas and has no obligation to xiiaintain-the Easemenf Areas. Except to the e~stent caused. by the negligence or " willful misconduct of the City ar its elected officials, staff, employees, :agents, succ€ss~rs, 3 orgtaaos~ is~sgz~.~ assigns, and. r+epresentatives~ (collectively,. and includmg the City, the. "City Parties"), OI hereby ~agx~ees that tl~ie Citx P~afties. shall not be liable for, and are hereby. xeleased from any respopsibility for, any damage to property ox injury to persons:.~sustairxed by OI or its successors or assigns, or any of its or their ,agents., represenLativesr employees, tenants, customers, guests, licensees or invitees (collectively,-and including ~OI, the "QI Partkes~"} resultitag from the use or loss of use of the Easement Areas. 2.05 Limitation of Liability. Nta City Party shall be liable ~#o. any OI Party, and no OI Party shall be liable to any City Party; .and neither the City. Parties nor the ~I Parties sha11 be liable to any.- third ~parGy for any lost ~re~renue, lost profits,loss of technology; rights. or services, incidental, punitive, indirect or consequential damages, lass of data, ox iYrterrupton or loss of use of service, evert if advised of the possibility of such damages,. whether under t~.eory of contract, tart (including ~negligence);~ strict liability or otherwise in connection with or arising out of nr related to the existenice,. use, or loss of use the Easement Areas. The terms .ctf this Section. 2.05 shall prevail in the event ofar~y conflict with aay other provision of this Agreeri~~t, ARTICLE 3 MXSCELLf(JL~IS PRaVISIUNS 3.4~. Indetrtnification of the Ciity. OI, for itself and its successors and assigns, hereby agrees to indemnify, .defend, and hold harmless .the City Parties from. and against any ar~d all liabilities, obligations, injuries, losses, damages, :liens, expenses (includitn~g, .but not limi#ed ta, reass~nable at#orneys' fees and court costs; and eo'sts of experts and witnesses), claims, demar?ds, actions, 'or .causes of action of whatever kind or nature caused -by or arising out of or in connectinn.with any loss or damage to property nr injury or death to persons arising out of or resulting. from (a) the acts or emissions of OI an ~or about the Easement Areas xn connection with the exera%se of any rights .under this Agreement by OI; or (b) OI's breach af' any agreement, covenant, oir condi#ion contained herein; except in each instance to the extent caused by or arising out of the negligence ar willful misconduct :of the City Parties, The obligation to indemnify hereunder shall inchade -the obligation to defend the City Parties with counsel reasonably acceptable tQ the City., and,to provide such defense without first requiring. the City to undertake its. defense ar expend fiords. The indemnity. set' forth herein. shall survive the termination of thin Agreement and ~sltall be binding upgn OI; its successors and assigns. 3.02 Insurance. At OX's ~oxpense, OI'shall mEaintsin s policy or policies of liability insurance covering OI'~s uSe of the Easement Areas in au amoumt of at least Two Million Dollars . ($2,OQO,OOi7) for aach occurrence, with deductibles of no mare than Fifty Thousand Dollars ($54,000) for each occurrence, axtd Warning the City as an additional in~stured~. Froiri time to~ time; but. not less txequently than once per year, OI shall provide the City withevidence .reasonably satisfactory tv the pity ghat QI has the insurance coverrage required by this. Section 3.02 and that the City is~ an 2idditional itnsured ilieneuader. Notwithstanding aay provision of this Section 3:02 to 'the. contrary, aI and. its corporate. aiTiliates shall ~ be permitted to.'self-insure the coverage required. by this section, ~artd. such other. successors and assign,. of OI shall also be peztnitted to self-insure with the prior written consent of the City first obtained (which consent shall eat be 4 ot9taoosa tsseza_6 unreasonably withheld ~or delayed).. 3.03 Injunctive Relief: In. addition to .other rights and remedies hereunder or at law or in cgUity, and without limitation of any of .the foregoing, each of the parties liereta shall be entitleii #o enjoin any breach or threatened breach by~ any other party, hereto of any covenant, agreement, terrii, provision, yr condition hereof 3.Oq gindiag~ Nature. This Agreement, and .all of the. tetras and conditions. contained herein, shall bind. the parties heaa~to and their respective successors and .assigns, and shall be deemed'to nzn with the land and bind'-a3nd inure tv the benefit cif the City Parcel, the Additional QI Farcel'ancl the Easement Areas, and all respective appurtenances thereto. ' 3',05 Sever ab~tlity. This Agreement is~ intended to be performed iti acr~ordance with, and . only to the extent permitted. by, applicable .law. If any* provision ttf -this Agreement, or the. application thereto to .any party ox circumstance shall, for -any reason and t4 ':an}~ extent, be invalid ~ar unenforceable, -such provision shall to that extent be amrtted, and the remainder af'this. Agreement and the .application. of such provision to other persons ar circumstances shall not be .affected thereby, but rather. shall be enforced ~ the maxunum extent permitted by law. 3.0( Relationship ~of the Parties. Nothing ct~ntained herein shall be deemed o~ construed by the parties: hereto, or by any .third party, as creating the relationship of principal and agent or of partnership oz Hof joirrt venture between the parties hereto,' it being understood and agreed that ria provision contained herein=. nor any acts c~f'~the parties h8xeto, shall be dammed to create arty relationship between the parties hereto athe# than the relationship of easement grantor and easement grantee, 3.U7 Captions. The'~captions in this .Agteenaent are far ccinvenieiacc only and. shall not. be deemed to be a part hereof. 3:08 Exhibits. Exhibits. A,,1 and A-2, B-I and.. B-2, C-1 and C-~, D-I and D-2, and E- I grad E-2 are inecarpor~tted herein by reference: 3,q9 Attorneys'- Fees, Tf tie Ciiy or OI brings any legal proceeding in cpnne.~ctiari with or. arising gout of this. Agreement, or t;v interpret or enforce any cif the terms, covenants' ox conditions hereof, the unsuccessful party in such proceeding, shall pay~the prevailing party's costs and. expenses., including reasaxtable att+orueys' fees, incurred in the bringing or defending of such proceeding. 3.i0 Amendment. This Agreement map not be..modified ~or amended except by a written agreement duly executed by the parties hereto or by #heir respective $uceessors or . assigns, as the case may be. 1 ,>:ltecording. This Agreement shall be~ executed in recordable farm and either .party shall have the right to record, at its eacpense, this Ag~eernent among the Qf~icial Records of the County, of Los Angeles, State of California. 5 0191q/0053185$~4.b ' . 3.1~ Interpretation. This Agreement shall be construed in ar~ard~nce~ with and governed ..by. the laws of the ~Statte of California. fiach party has participated in negotiafarig and drafting. this Agrieement, so if an ~ anibiguif~y or a questipn of intent vx interpretation arises; this agreement is to be construed as if the parties had dt~'ted it jointly, es apposed xo being . ennstrued against a party because it was respon;~ible for ir?g. ane or more provisions of this Agreement. 6 4l910/p053185l~:b The gafties have executed this Agreement on the dafie set Forth .below their signatures. CITY OF VEItNON HiIario Gonzales, ayor Apgmved As to Form:. . B~: Je n, City Attomey~ Date:. ~~~/Q C?WI~NS-BRDCKWAY ~~LASS CONTAINER INC. By: Its: Date: ay: Its- Date: R1[)OL'S11Qtt1i1~111~9[r77y.RS7fA+Qp3fWl1,Sn9.ADL' 0191 ~/tIQ53 183824:6 ATTES By: anuela Giron, i y lerk 7a aTATE QF QHIO ~ ) ' } SS: COUNTY OF WOl7D ) The foregoing, iristxufnent was acknowledged before ~me this day of ~ ; 20Q9,.. by ,the of ovens-Brockway Glass. Container It?c,, ~ Delaware corporation, alz behalf of the cvrp~oraltion. Notary Plabiic STATE aF CAL[F~?RN[A ) SS. COUNTY O~(F,~LOS ANGELES ~ ON ' f ( , 2(3 ~ ~ BEFORE ME, ~ ~ A iVOTARY PUBLIC, PERSQNALLY' APPEARED / ~--t~ l ar 16 ~-l6Yl ZGt ~e ~ .WHO PROVED. TG ME ON THE BASIS:OF SATISFACTQRY EVIDENCE TD SE THE PERSON WHOSE NAME <IS SCJSSCRISED TO THE WITHIN INSTRUMEN'T' AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME IN HIS AUTHORIZED CAPACITY, AND THAT BY HIS SIGI+TATURE ON THE. INSTRUMEIr]'T,-THE: PERSON, QR THE ENTITY UPON BEHALF OF WHICH THE PERSON ACTED, E~ECU'TED THE INSTRUMENT, I CERTIFY UNDER: PENALTY QF PERJURY UNI)ER:TT-IE L.A'l~'5 OF THE STATE OF CALIFORNIA THAT 7'I~~ F'ORECrOTNCi PARAGRAPH IS TRUE AND CORRECT. ,ESS MY HAND AND OFFICIAL SEAL. (Notary Signature MANUELA GIRON Commisslon # 1611388 z Notary Public - California ~ . Los Mgeles Counfy My Comm. Expires Nov 4, 2009 P:1DOC911D411N6111943M_097N(itfFgtlSIS1~OC - - 8 .0191t,A++U6531~582~.6~ . . EXHIBIT "A~1 . ~~ITY PARCEL ~.e~ THAT ~PORTLt1N OF I,O7 3fl, OF THE: 5Cd ACRE TRACT df THE LO5 ANGELES FFIUfT' LAND ASSaCIATLQIII, !N THE CLTY QF VEIiNQN, COUNTY DF LEiS ANGELES, STA'L'E OF CALIL=DRNIA, AS PEE[ NIAP RECdRQEl3 !N EbDdK 3. RAtUIw$151i AN0157 ~F MLSCELIANIwQUS RECURDS, AN© AISd I3~iNG A PtyR7E#)N OF'PARCEL ~ A5 SHOWN DN RELrURI] OF SURVEY FIL.EL7 !N SOAK 191, PAGE 2Q OF Rt:CT3EtDS 13F SURVEY; I~1DTH IN THL QFFICE dF THE CdIINTY REt33RDETt 4F SAIL] COUNTY, 4VRHIN 71iE FOLLOWING DESCRIBED PARCEL OF LJIIJLi: COMENEi+~ING AT TNI" SOUTHWEST CORNER QE: SAIg PARCEL. AS SHOWN ('!N SAID R6CQRD OF SUEtVEYy THENCE, NQRTH 00`0]12" SIV'1",14~.~]D FEET ALdNG TWEE WEST L~NE t~ SAID PARCEL, 2 TO THE TRUE PQi~91' DF BE;G1AENiNG FOR THLS DESCRLPT THENCE, SCEIJ'r'M 83'S$'5.'i" EAST, $3S5 FEET; 'THENCE, NC1FR'TH~0'i31'L16" EAST,14:33 FEET; TFLL;Hi~, S~1 139'S$'S5" EAST, 29.19 FEET; TWENCE, HORTEi 0"fli~" EAST, 3E,S.94 FEET] TIiEN(~, 89'S8'S5" FAST, 60.67 F£€T;.T#IENCE, SOtE'D~I 13'bi'O6" WEST, 9.27 FEET; THENL~~ ~6311'L'}I 8~'S$'55" EAST, 32.30 FEET; WHENCE, SOUTI~I O'4D~'OS" WI5T,16.00 FEET; THENCE; +,I(aLJTti "5 e" ~IIST,18~4.38 FEET,' Ti~ENCE,: NQEiTH Q"{E7*12"• k1iEST, 2.6$ FEET; THEh{, Sd[1TH 139" 3$~5" EAST, 3~,.O1) FEET; THEME, NQRTH 00"07"12' WES!',116.73 FEET PARALI.EJ, WITFI TFIL WEB!' LINE O!= SAdli PARCEL 2; TE1I=NCE, EAST, 34.413 FEEL; THENCE. NdttTil Oq"47'3,2" W~5Y,161.i5 EEE7'p'ARALLE:L Wt'I'~I THE WEST LINE dF 5A1E3 PARCEL Z,'Eq 1~I PE?INT dN~T~IE . NQEtTH LLNE flF SAID PARCEL 2; THENCE, WEST, 415.4TFEETALtHHG THL"s NK7RTH LIN@ OF SAlD PARCEL 2 TO THf: ~C~fNd+IINC OF A TANdENl' CLiRiIE, C7t]IVCAI~E 5OU'TFIFa45TERLY, HAV1N(3.A RADIUS OF ZO.OO FE~7; THENCE, Spll71•IWIS7ERI.YALdNG~ SAID CilRVlc, T~FIRdiJGH A CEMTE~L ANGLE QF 90"#)7'L2'", AIV ARC L:Et~fTH OF 31.4G FEE'i'TO A PbINT QN THE 1NEST UL11E ©F SAil3 PAEICEI, THENCE, SOUTH 00'07'!2" EAST, 2150.39 FEET ALdNG SAID lAIE3T' LINE Td THE TRUE PAINT QF 13E!GINNING. L~ b . ~PtiS4787 oauou~ ~.:~s?~e ° Dniht?And.B~an ~ scr so 929 R. Willow es. I~I,~CA 90955 (s62) 4zs-c~r~ ~ EXHIBIT ~~A-~" ~1~`~ PAF~~EL . etch D~~~ri~t~n SST ~Dth ~STAEET . ~ 1981.41' F, ^r 475.51 r 457.73 r 3ff1.?lf f`~ / ~ fix ~sT ~z~ : easr _ 3e~.~ ~ASti' 1 _ M G7 ' ~ 1d1.~ ~ ' .~M~IGYKlH •R+lVC~WlIr ~ ~ ~ $ iiMM ~ .7oc*,J :1 ~ ~ ~ ~ ~ ~ L~31.37 S~f.27' ~ ~ 680.,27' ~ i980.8i' M8~9".~~'S5"W F~TLA1?~ AVENUE u~~ r 5c~1h4 I 2QQ' P. I.4. 116, i~S FT, 2.666 AC, r 7 earls ? , ~ eta ~ ~ ro ~ o~ sul~w~r ~~ra iN > I ~ r e? ~ ~ s~c~v~s . gF StiRV~Y: A3 UQaJM~TFf ld0.04-2~$: i 149. . , e,I.Q. I5 "f'~0~'tsRTY .i~. QU€~TtON" A5 IBIS' ru P~1l13tT''A- i' t+ ~ o ~1.A.P. IS WoT A i9ART' * as r A 478y' . t' C a1' - ~w~ tJ-~ PARCEL L~~ai D~aa~o tios~ THD5E PORI'I+DNS DF LbT 30 ANA LOT 53., Ot= THE 500 ACRE TRACT OF THE. LOS ANGELE5 FRUIT LAND ASSOCIATIOAi, IN THE CITY OF VI=RHON, COUNTY OF L05 ANGELE5, 5TAFE aF CALIFORNIA, AS.PIR MAP RECORDI"p IN 80QK.~, PACtE515b AND x.57 0>F MISCELtANEt)U5 RECgRDS, ANO AL50 BEING A PORTION OF PARCEL 2 ON RECt3RD OF SURVEYfILED IN BgOK 191, PAGE 20 OF RECORDS OF SURVEY, BOTH iN THE OFFICE ~OF THE COUNTY R~E:CORDER Ot= SAID COUNTY, DESCRIBED AS FOLLOWS: BEG1N.1lVING AT THE SOUTHWEST CORNER OF SAID PARCEL 2, AS SHOW~AI ON SAID RECORD OF SURVEY, THENCE, NORTH 00°f37`l2" WE5T,1:4.00 FEET ALONG THE WEST LINE OF SAID PARCEL 2; THENCE, SOUTH 89'58'55"EAST, 8355 FEI1; THENCE, NORTH D°ai'05" EAS7',1~.33 FEET; THENCE, SOUTH 89°58'55" EAST, 29.3.9 FEET; THENCE, NORTI~I 0°i1i'Q5" EgST,16:94 FEET; THENCE, SOU7FI 89°58!55" EAST, 60.6? FEET; THENCE, SOUTH ff`01'DS" WEST', 9,27 FEET'; THENCE, SOUTH 89°58'55" EAST, 32.3p FEET; THENCE, SOUTH {Y01'OS" WEST, 16.00 FEET;.'I`HENCE,5OUTH 89°5$'55" EAST, 18+k.$B~FEET; T~fENCE, NORTH O'U7'32"WEST, 2.b8 FEET; THENCE, SOUti-1~89.5$'53" EAST, l1.OD FEET; THENCE, NORTH.00°07'1Y''W'~ST,1iC.73 FEET PARALLEL WITH THE WEST LINE QF SAID'~PARCFI2; THENCE, EAST, 34.40 FEET; THENCE, NORTH ADD°07'1Z" WEST,1G1.iS FEET PARALLEL WITH THE WF,ST LINE OF SAID PARCEL2, TO A PAINT ON THE NORTH LINE qF SAID PARCEL 2; THENCE, EAST, 457.72 FEET ALONG 5AID NORTH LINE TO THE NORT#iEAST CORNER DF 5AID RARCIt 2;'il~lENCE, SOUTH 00°05'06" EAST, 300.71 TO i'HE SOUTHEAST CORNER OF SAlla PARCEL 2; THENCE, MORTH 89°58'55" WEST, 893.04. FEETALONG THE SOUTH LIME OF SAID PARCEL 2 TO THETRUE POINT OF B:£GINNiNG. . Prepared by: 1. ~ _ ~ ~ Dougle~ Ho tat, PL54 87 ~cirouia e~nrrwt DWin ~d Boynton ~ ExF. ao sEr ~o ~ 729 E. Wallow Sti+eet ',fir Signal Niil, OA, 90755 . {5s2) 4Zfr64b4. ~ ~ EXH~~iT ~-I PARC E L Sketch to .Accnm ~n La ~f Des ri tian EAST Stith STREET ..r w 1981.#1' E~,T 475.51 45~.i3' 1• 38770 ~ r 7 dta:a~'• ....WEST b5 .7 Eag'r 387.74' EAST l ;d R~pq , P.• ~ ~ w Q r. PL~Il~~Ea ~ ~ P:QG~~E~ ~ L1a ~ . ? ~ 1, , z ~j • ~ ~ • " 38fi70s NBB'SB'SS+W ~ ` ~ .gip' ~ ~ o _ ~ ~ ~ ~ m L~~.ar. SBQ.27" 060.27' r. 1'880:81' N89.5 55°W ~ FRUITLAND AVENUE ~ LINE. TABLE ' LJNE G dEAttIN y,,,, P. I. Q. 152,:221 SA. FT. #9S AG a lA. DA uamv t~•u 5 r - Gov L2 .$3. s~ S69.9~• • E l:3 .14.33 Nga':Ol"U5'E L4 29.19 589'99' S'E LS Sb.9A Z1g0.O'1''Q5lE L6 .6tL"57 ''589.56' SS'E . NOT~Sr L. 9 ~ _Sg0'nl'q.5'Y L8 32. SB9.58`.~5.5'E PARC~I.SS~ I , 2, $ AND R1wFEf1:'TO ~COI~C] Oi= Llo a, e v 12~V Sl7RV~'~'~IL.1rD. IN BQOK.191 PAGE 20'OF F:ECOR1a5 X11 il. av - sq. 56055• t7F~ 5URV~Y' A'S DOCUNIlrT17 NQ. O~i-258 } ! 49. P.1.C~. !5 "!'ROPER'IY IN QlJ.~TI~N" A~. DE5CR15~D JN ~nu~t??a N.A.P. 15'N~T A PART' * to ~ w O E~CHI~:I~' ADDIl"iC3NAL t7~1 PARCEL Le+nal ~est~i~t~an THOSE PORTIONS OF LOTS 3fJ AND 31, QF THE 5.~ ACRE TRACT [lF YHI" LD5 {1NC,ELES t=RUIT LAND ASSOCIATfON, iN THE CITY Of VERNdN, COUNTY OF L05 ANGELlS, STATE OF CALIFORNIA, AS PER MAP RECgRDED lN'BObK'3, PAGES 15'6 AND IS7 OF MiSCELLANEDUS RECORDS, AND ALSQ SHOWN A5 PARCEL 3 AND PARCEL ~ ON RECORD qE 5URVEY FILI:p IN BOOK'141, PAGE 20 OF RECORDS DF 5URVEY, BOTH IN THI: OFFICE OF THE COUNTY RECORAER DF SAID C4UN7Y, DESCRIBED A5 F04LDW5: BEGINiVfNtS ATTHE NORTHWESTGQRNER (~F SAiD PARCELS, AS 5i{0}NN Opy SA1p RECORD OF SIJi~VEY, THENCS,, SOUTH 89°58'55° EAST, 620.37 FEW TO'fFtE NORTHEAST CORNER QF.SAID PARCIrL3, SAI[] POINT ALSO BEING THE NDRTHWESTCORNER QFSAID PARCEL4; THENCE, SOUTH 89°5$'S5" EAST, 660,37 FE£'CTO THE NORTHEAST CORNER OF SAID PARCEL 4; THENCE, SOU'1"H OQ'OS:06p EAST, 29150 REST TD THC 50UTHEAST WRNER OF SAID BARGEE THENCE, NORTH $9°58'55" WEST, 660.2$ FEET TQ TIE SpU'fMWEST CORNER QF SAID PARCEL 4, SAIL1 ~POiNT ALSb BEING THE SOUTHEAST CORNER OF SAiD PAI'lCEL 3; THENCE, 1N£STirR1Y ALONG THE SO.UTHEItLY LINE OFSAID PARCEL 3, NQRTH~89°5g'S5" WI:$F, 6QD.33 FIrETTO Ti~IE BEG1NNftti1G OFATANG£NTCWRVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS DF 20.[!Q FEET; THENCE, NORTNWEST`ERLY ALONG $AID CURVE TNRO.L1GIi A CENTRAL AAIGLE'OF~89°51'3", AN ARC LENGTH DF 31.37 F~EI' TQ ~A POINT ON THE WEST LINE QF SAIA PARCEL 3; THENCE, TANGENT TD LASfi MENTIDNED~ CURVE, NQRTN 00°D7'`J.Z" WEST, 271,55 FEET TO i1{E POINT OF BEGINNING. { Pre~rad .b~+: ~ I~ f Douglas Bc, ts~n, I'L$478~7 oauct~s w. oaw+raN >D~tlft~ and Boynton ~ * ~ sa sir to 729 E. Y4!tilow._ 5trc~t t.3. a~ Signal~HIll, CA 40~i S5 {S62) 425-~646A ~ ~~C.HiBiT ADDiTi~NAL t~-i PAi~~EL sketch tv Accompgny Legal Description i EA~~' ~~Dth ~Tl~EIE~ ~ 4.75.;51- i !R57.7'3 '8.7.78 v. X15. t~S~:'~ EA4T 387:70' [AST ~ A+9G~D7'1Z" a~ ~ p ~ ' ~ .~Af~~~~ I ~ ~ P~1~~C~~ ~l ~ w. ~,I ~ w W 17~ stow ~ Gfls a~aCE~ES ~ ~ ~ 147.70 I+t$S'S1~ 'qlf ~ V?i _ _ 3!S'E~ gy~p, SBS'+B ~ L•,31.37 i ~ 11' - 8'S'Vr ' ' r ~ y,, r ~ . 650.2'x' ~ 'v , ~S/V.~7t. ~ ~ r ~saasr ~~~s•w i~RU1TLAiV~ AVENUE ~ . c? b u ~ A~L£ LMIE c e~~N~ P. I. Q. 373. ~4 S6L F7. •8. 568 AC. ~1 i~.~oo raltro~,_1~•x i L3 1'#. 3S 1itgD' 01' 0.5'E ' L4 $9. 19 $ LS' ]'8. 3t4 7' U.1' E ' NOTES: t_~ 9: a~ ai•os• ~ ~e 3e. 3a ~ asr ~ L9 1 ot, ,y PARGiEl..S 1,. 2, 3 AN~©~ REF7`l2 TO ~CORf] flF u o 2:6a Noa• 07' sa ' ~UR1l~l' FILED IN BC20JC~ i~ t PAGE'20.OF R~fORDS L1 se ss~~ ~ flF 5L1RV,E`i' AS DC~CUMEl~lT NO. 0~-25~ I ~ ~ .L' ~ f P.I.Q. I~ "PROPfR'3`t' tN Ql~ESTl01V" AS t]~S~R~E~ED IId ~ ' EXFi l6~'I' "G^ L' ~ QDildlwlt N.A.P. 1g. "NOT A PART" * to i I. EXHB~~ rr Fire ,~cces~ E~serne~t I.,agal Descrip~o~n THAT PORTION OF LOT 30, pF THE S00 ACRE TRACT OF THE LOST ANGELE5 FRUIT L~IND AS50CIATION, IN Ti1E CITY ~ VI:RNON, COUNTY OF LOS ANGELES, STATE DF CALIFORNIA, AS PER MAP RECORDED IN BOdK 3, PAGES 15& AND 157 pF MISCELLANEOUS RECQIiOS, AND.ALSQ BEING A PORTION E)F PARCEL 3 AS SHAWN dN REGdRD OF SURVEY F1LED IN BOQK .191, PAGE 70 pF REGARDS OF SURVEY, BATH IN THE ~FICE OF TWE COUNTY RECORDER SAID COUNTY, WITHIN THE FOLLOWING DESCRIBED PARCEL OF LAND: COR+fi?flI:NCII~IG AT 7'HE S0IJTHWEST CORNER OF SAID PARCEL Z, A5 5HQWN O.N SAID RECQRI? OF SURVEY, THENCE, NORTH L1Q'07'13" WEST; 14.00 FEET ALONG THE WEST kIN~ dF SA1D PARCEL 2 TAD THE TRUE PDINT OF BEGINNING FOR THIS [3ES1CRIPTIOH; THfwNCE, SDEITH 89°58'Sb" EAST, X3.55 FE1rT; THENCE NORTH Q`Q3.'Q5" E115T,14:33 fEET, THENCE, SOUTH 89"58'S5" EAST, 29.19 Fk'E1; THENCE, NQRTN tY"Qi'Da" EAST; 16.34 FE>T; THENCE, SOUTH.89°58'65"EAST, 60.67 FEET; THENCE, SidllTH 0•I}3'Oa" WEST. 937 FI;EI; THENCE, S$9'S8'SS"E, 32.30 FEE'[: THEb1CE, SOUTH x`01'06" WEST,I6.DEI FEET; THENCE, SOUTH 89'SB'SS" EA6T, x84.3$ FEET; THENCE, NQRTF! 0'012"WEST, 2.G8 FEET'; THENCE, SOUTH 89'SB'S5" EAST, 11.f>K! FEET; TI~IEI~E, NQRTii Uo'Dr12"" wlsT1i6.7`3 FEET PARALI.IL VII.ITH THE WEST LINE Of SAID PARCEL 2; THENCE, FA57', 3440 FEET; Tii NORTH IXI"if7'],2" WEST, 2.f1.t5 FEET PARALLEL WITIi THE Wk3T UNE OF SAlb PARCEL Z, TU A POINT' ON TIME NORTH IiNE 4Ir ~ PARCEL 2 TFIENCE; WEST, 41~ 47 ~E'~ ALONG THi NORTH LIi~ OF SAID PARCEL 2 TQ TI•!E BEGINNING QF A YAN+GENT CURVE, CONCAVE Sti,UTHEAST~RI.Y, HAVING A RA131LdS 0f 20:00 FEET;THENCE,'SOU'THWESTERL;Y ALLING SAID CURVI",1'NROUGN A CENTRAL ANGLE OF 90'07'12", AN ARC LENGTH OF 31.46' F1~ETTq A POINT UN THE. Wl:~T UNI OF 'SAID PARCEL Z; THENCE, SL2UTH 00"07'2,2" EAST, 366.33-FEET ALONG SAID WEST LINE TO T~iE PDINTOF BEGINNING. FIRE.DEPART1tgEN7 ACCESS RQAD~EASEMENT Bl~i1NHING AT THE 50UTIiWEST CORN!<R OF SA?1D PARCEL 2, AS 5HOINN ON SAID RECORD OF SURVEY; THENCE, NORTFII~LYALONGTIiE WESTERLY LINE OF SAID PARCEL 4F LAND, NORTW QO'07`12" IIYt~'f, 2~JS7 FEET; THENCE, NORTH f~*`'g.IN06" 1~ASl", ~99.49:FEEF TO TIME Bl~GMINING OF A TANGENT' CURVE CONCAIPE SOUTHERLY; HAVING A RADIUS OF 53.DD FEET; THENCE, EASTERLY ALONG. SAID CURVE THROCJGH A CENT~tAL ANGLE OF 24'159", AN ARC LI:ItlGTH OF 24:90 FEET: THENCE, EASTERLY PARALLEL W1TH THE SOUTHERLY lJNE OF SAID PARCEI. QF LAND, SOUTH 89'x" EAST, 3,x.26 FEET TO THE:BEGINNING OF A TANGI:NT~tURVE, CfJNCAVE NQRTI#ERLY;I~IAWNG A RADIUS. OF 32.Oa FI~1; THENCE, EASTERLY AWNG SAID CURVE, THROUGH A CENTRALANGLE OF 29'SZ'DO", AN ARC LENGTIf OF 10.68 FEET TO THE 9EGlNNING dF A R1rVER81; CURVE, CONGA. Vf; WESr7€RLY, HA1fII~ A RADIUS DF 9L00 FEET, TWE RADIUS POINT OF SAID REVERSE CURVE BEING 3Z.Oq FEET Wftl,Y„ MEASE3REQ AT RIC,HT aNGLES, To THE ~IrASTERLY LINE OF SAID PAttCE1 OF LAN©, A RADU?L L1N6 F1tdM SAID RADIUS POINT SEAftSi' NgItTH 23'SD`S5" WSST; THENCE, EASTERLYALQNG SKID RE1fERSE CURVE THROUGH A CENTRAI. ANGLE OF 2BG11#'39", AN ARC LENG'CH OF ig8.66 FEET TO THE B1~GINNING'OF A REVER6E ChJRVE, CONCAVE SOUTWWESTERLY, HA111NG.A RADIUS OF 3x.00 hEE'I', A RADIAL LIME 7Q SAID POINT BEARS SOUT#i S6'19'~" WI~;T; THENCE, YYEST€RLY ALONG LAST ~QNED RI*VERSE. CURVE THROUGH A CEI!IITRAL ANGLE OF SGIB'39",. AN ARC L>NGTI•I 31.AS FEET TA A POINT ~ TAI[GENCY WITH A UNE 27.00' SOL1THIrRLY, AAEASiIRED AT RIGHT ANG~, FROM THE~ABOVEOESCRIBED CdURSE AS. I~IAVINC A BEARING OF SIJUT!'I 89'58`55" EAST; THENCE, PARALLEL WITH SAID CdURSE, NORTH ~89~'S8'S8~ 11T, x0a.88 FEET. Tfl THE BEGINNING OF~A TANGENT CURVE CONCAl/1" SOUTHERLY, HAVING A RADIUS OF 32.QQ FEET; THENCE, SOUTHWESTERLY ALOI!IG SAID CURVI: THROUGH A CENTRAL ANGLE dF 24'10'59", AN ARC LI:NGTt1 OF 1351 FEET; '#PIENCE, SOUTH 65"Stf'OGi" WEST, 111S4~ FEE'.I•'T.O THE POINT OF $tiGINNING. ~bSr, r~ ~ ' Dolin and Bograt+a~ * +oaf. as mr so ~ (58z) 426~i464 ~s. ~ . o t _ ' ~~g pB a • ~ 1173 ~ #{'7'1'Z'~W w o tip' ti~`• ~ . W vaoc7o~ra~ ~ ~ ~ ~ ~ _ . ;n R ~ ~J~e"aE~iocab ~i ~i ~ ~ ~ ~ ~ ~ ~ ~ ~w ~ ~ ~ ~~M ~ ~ w~ s w • • ~ vi m Q ~ ~ QQ _ ~ 14..33 5 NOQ~Q1'05''~ " ~ ~ ~ m . s ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ . m ~ z . S~T'C! ~T~E`"T' EXHlB~T ~,E,,,,~., No B~~Id Easem~r~t Ar~.a L~gai pescription THAT PORTION O~ LoT 3a DF THI; 50D ACRfr TRACT of TFIE LGS Ales FRUIT t~u+tD AS~SOCIA7'lON, IiV "f•HE CITY CAF VEfINDN, COUNTY DF LO5 ANGELES, ScT'ATE QF CALIFORNIA, AS f'ER NEAP RECORDED fN BQO1(3, PAGES 356 ANiD 157 ~ MI.SCELLANEDUS RECQRDS, AND ALSO BEIIYG:A PO~TfON ~ fsARCFL 2 S1~wM CAN REfiC1Rf1 DF SURVEY Ff1ED IN BOdK 19i PAGE 20 OF R~CORfi)S DF SURVEY, RQTFI tf?~ Ti~E DFFiL~ OF'FNE COUNTY RECORDER OF SAfD COUNTY, wITHI~i THE F~]l.L01ipING DESC#~IBED PAR~ft. [1f= LAND: CO~A.MEN~ING ATTH~ SLIUTFFWE~'f CORNER tiF SAID PARCEI, 2, AS SHOWN ON SAtl7 RECORD OF SURVEY, THEt~ICE; NDR'1~i 00'ilTI2" VNF.ST,' 14.OD FEIrT ALONG THE wEST lJNE DF SAID PARCTL ~~TD TiiE TRUE POIrIT OF BI+GIHNING FOR~THIS DESCRIPTION; THp!~, SaUTH 59'55`.55" EAAT, 83.55 . FEAT; THENCE NORTH EA~i',14,.53 FEAT; Ti~CE, SCIiJ~TN~ 59"55'5'5" EAST,14.I9 FE't"'i'; TNENCE. NOitTH Q'Q1.'Q~5" EAST, 16.'94.~£T; TNIwf~IC£~ . SDLtTH $9"58'55".EAST, 6Q.67 FEET;TH~~SOtITH D~QI'L~i" VYEST,.9.27 . FED, THL~NCE, S89'58'53"E, 32.3i# FEET] THf9~, SOUTH 6~01't3".ai" 11VI~ST, , 16.W ~'i; THENCE, SQU'tFl $9'58'55" EA5?T,18~L:38 ~FET; TI~FK~, ~10RTH 0'd~7~"~" wEST, 2.65 FEET; THENCE, SQUTH f39~'S8'55" FAST, 3~,dJ0 FEET; TH~Ir, f~ORTH Of}"07'~" wEST,1,1C.73 FEET PARALLEE. WITH THE wrsT LINE OF SAIa FARM. TH1xNCE, EAST, 34Aq F'~T; THENCE, NORTH t~U3'tY WEST,1f,1.15 I±EET PARALLEL WI~'H THE 1NI:ST LINE QF SAip PAR~L 2, TD A PAINT ~ THE NORTH LINE QF SAID hARCEL 2; THENCE, WEST, 415.47 FEEL AI:ONG THE` NORTH LI NE OF SAID AARCEL x TD THE BEGINNiING DF A TANGENT [7LiRItE, CaNCRVE SDtI'111EASTE~L1f, MAVtNG A RADIUS OF 2D.00 FF~'T; SDUTI~N?EST'rrRLY RLONO`SAiD Cl1RVE, THROUGH A CENTRAL ANG~I,E OF 9€I'O7'11", AN A1~C LENGTH OF 3i~.~ FEET ~o a P(~IT oN THE wl=sT uNIM DF SAIO ~PA1fCEL THENCE:, s Of)"Q7'12" EAST, 2f 6.39 FEET ALONG SAID ~5T' LINE TD THI: pQlti~T ~ BEGINNING. n~-BUILa ARIrA TH E 50UTHERLY 43.00 FEET # THE ~W FSTE~iLY 4t]1.i! FIrET DF SAID RARCI`L ~ OF RECORD O!= SURVIr1/ FILED !N BOOK 191, PAGE ~ RECO~tDS DF SURVEY, AS ~ AT R#GHT ANGLI?S i~ROt~ THE SOE3THEtI,LY ANI7:wFSTEA#.Y LINES OF SAID PARCf L Z. THE ABO~ II~'SCRIBED Np-BUILtt AREA AFFECTS 9,~9 S~.FT, Q.212 ACRES, t~F TFiE ABOVE D~+CRif~~ PwIRL~!<DF LAND. ~ ~ 0006MS A SGAfNnOM ~ $ u, PIS 478' rxP. ~o air ~o I3~iiltn ~ B~Fnson ~ (552} 4?~sa6+t6rt o Ir C? , 181.18 NOQ'[171.Z"W ~ ~ ~ ~ ~ ~~1s.7~' S Nvc~~rts"ww r I s~ ~,~br~ ~ ~ ~ li ~ ~ ~ ; ~ u ~ ~ ~ ~ c~ ~ ~ i~ ~ J o W ~ ~ ° .rr. ~ ~ ~ ~ ~ 'lB.pD' ! ~ ~ ~ ~ ~ ~ ~ a ~ro1 a~"w it ~ ..r. ~ ';"'t 9.2T a~ ~ ~ y SOD'ta1'~5"Yi! ~ ~ ~ 1- ~ : ~ j ~ ~ r ~ ~ ~ ~ w ~ 0 ~ ~ . ~ 16.94' ~j',~ ~ ~ NQO~Q1'~5~ e[ ' Q ~ 14. ' C f~1i7~'01'Cf~"'E ~ ~ ~ ~ ~ ~ ~ 268.~~ S00'~T12"E . ' ( g$ • ~ ~ SC~TiJ ~T~tEE1'' ~ ; ~ or I ~ a ,tRlr ~ r . ~ i _ OFFICE OF THE CITY ATTORNEY Jeff A. Harrison, City Attorney 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 Fax (323) 826-1438 April 7, 2009 VIA FEDERAL EXPRESS . Ms. Tina DeBow Senior Advisory Escrow Officer North American Title Company 101 N. Brand Blvd., Suite 1800 Glendale, CA 91203 Re: O.E. Clark - 2716 Leonis Blvd., Vernon, California Escrow No. 907609-TD O.E. Clark.- 2724 Leonis Blvd., Vernon, California Escrow No. 907638-TD Owens-Brockway - 5120 S. Soto St., Vernon, California Escrow No. 233571-TD Dear Tina: Enclosed please find the signed original Property Information Sheet, .Seller's Mandatory Disclosure Statement and Commercial Property Earthquake Disclosure Report for their respective escrows. If you have any questions, please do not hesitate to contact me. Sincere , Je A Harrison Ci At orney JH : j 1 Enclosures cc: Nelly Giron, City Clerk (Resolution Nos. 9861 and 9897) E.~cCusiveCy Industrial F'R~}P~R'I'Y.II~QI~MA`1'14tV ~5HEE7" (NandtecsTdanltef) +41R ~ommer~cla{Real Esl~#e Assaciafiar~ PgEFAOE{ sln~r: Tita awdt N.etY or+rxranlg oa)e aK.ruqure ctrrerroa:dl a,b PAR 'r)eb pvrpaaa.s4, #;s~ord, ki pruWdb ihb brpi0al end TMpa4nNad buyarAebi~e vdh ingra~taa drroynpKrrq. 1r,e' per w1r,~ Tc aarratiRy h t)4 x41ui! kMwkupa'of d,. 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Uk p+vvu!~ts r7 at lsnilt f~ +~pin o dtal4rraiuit rhea d rxeanltnl y Pt:fl'JDtw.~ailgPJltl IfthsPtdnettytsltcaredwq}An..~nsynhtsar~~t~tooatfilzw.d.Mieue+irlrHh+a~a.~rr's P'~~+~mtl ' s'odant P.s+mturwr W+r+^H.+~tlr+wY. F~riafad tnur.6a.1Y: i3.S:f•; Ba!D+e, manl~dpa 6eeGPna'+PYeAmeas bF: e¢aje~d''N+al• Gro.Pr~aAy tir IriCSIlmd ailrn an arei hrrihU~ hafsrdeinii Vial CaWllne+Mi110e>h8Y ho rc4uirerFae°r.nnliiMfrUn 9? abIrTIMnQ ID1ilrntrlQ. In rwutf(HI acrYrNW.9uee'r{ihdrY//bHDNnetlll>atRiePtOP9R11ii Qar?~tlglQwiUde;RdpepFOEBfeIFffinTIS~BAroA . _ PA0~1,flP2 ' d~1TAE8 , ~ ~1P1i •/dR Gilt~gllditdrit, pEAI' A&TATE ASSCQ}ATID]Y p.AR1N 1fND.7.77PAF e ftibbD pfs7Y87"ER IMBI/BANCE K thrw: ~arW 8umr's~!a!u l,aar lxtN,odeTy. roaalvudPetlar.,a) tMadCltnwlp~ tt~t~tmea ~Iwsws as>rawrrca waR ana,lladrxdtyron nbN!!~(a~aM aaika~wimr heat Inauvnason Yfa Prq,iarty, reaaod wxr, sa.•la Irs a .~ttNa, mpnwtee ohal ~~ani+Qauanese.ce..a.+aed~,r~r~tiara9ur~.abeaaara~,twa+ll~srranaeonn~e~aw~sr.nuo,~a.a+xmauv<ar~cal~ nrdrtwanadrNt a,r FS}aptMty I'd.+hWooAw daR,gpd by,a iboil dte'atleu, 8rs pwdropr a+aY 6e tdryWne b iWnblxi,+ ltd Fardaial tivvarnrnero•for ar dlga!Ie, repay .prasQdrd tttgrer,r>,.teay iriteri,td trwt W Ibe eawt aF>?vi eadie.'a RgafNiepe Fedaa,? tlaad s~pr awlitukk ligc D a htia not 't~n~Ahw4WalY. 'roedv,K? v~.lbaud op.9r'F~clwrtg Netr'1! prgl d>sasiar: a+iwlirfee rlai t+nee MweM~d. Eaa.IsW y„+Grm~. rtal tlaa rv+t~rad rroGa Le 'ao,ataA,aq In s erdtr>~'atl tlW EarlN36lownarsYdD: , . rr UVATt3t Ii8h,7~R• aRACN~IG If Ikerkott}rly.w:'dut~ a,;aot~ <+xKa rroSxt+oelMr< iv rrquvixt.tty tr+IMalninFltutAx anq '$>flll}!CaifO g,~t,m~rory:bll>d,nw~,+~locn~I~>I.v«erna>r~a~dL~+dut:t~oer~d~~,~t~~ au,~~e>,~~+.,dw~d t:~l mamq fwe~'ap. *+oeNwno anaro~.ralwtsp,~.lwl.ar ove roi?tl bwm G>otare~ •ta t pl' Mot.b: d IHa. ae[m oe'>terattAeee e?. propoagr xneweol pw.~rneate6 al mold trwt uAieW a+a ~,o aao tlto r,lald atlhw :Owlada pirfry~p~i,tagrpeftro UmYu 8r pdaes r F~ii'k'Ial~dlgro.lkMNh dnt! 6afa![y t:aEa ~et'fD, aM1 etnL trandelai tlgf prasp~l~!! ptu+,hnun.Or, -tw~ad arwdrkq o1 sixk satW In aceo,d~ncs wih~auah:liaf~rBule~p N iay'ebYialortlt0a} pu0 the tdldettggrird Watn_ d cr tloai rix• i81 Irno+r:af the M*Mii~tao(sya nro~dalfeoil+q,Yrr rlY tf 'TI71.~•1t~UttAI9C£ to 8aa,aWnl 1Gallha t?tasftaer AgrRamp(tl,tlan'Md At PreBa/d progtdelaa,t 1tll. kaYUroha~ yMllbe ++~4e3awd 9uYm k. yyan{tb! uree0 tpplpigdtil'.patchitlarq aunt kltVtarde, anQ;ln ac6e~intawYh J;A'ktlin~a.Ch''d Gttue ~iAliX.e, bA+b119d p'sftlUar.`Dt !A{~IiTMtS {M A Pt1itCHlf~E.liR.F.XGN+~RB pF I~4 PRF1Pt3Y7Y, n AbIY ~ ApVllt~Bt,E TO iAtd'AIN~TtYLB 1W8UFt14~tCE Ik C6k1~lEC!'a~) SMAta YFrE C.i,O$! 4F. frBC. 9fkbE T}tSR~S.1rAY Hte,~l'plOft AE'CbRD>:q LlB1S A'NO>rlat'dlMltt~ANCtr"4, Y4IIICIi A7. YOWi qiT 1N 7N~' PIE]PLR'(Y pF~~11RCsD ANEW FALgY i]>r Tr1Lt'. Ui~tNtkMGE ~i}lDl1W.~ t]ltTAINUG N Ogt1Ef! ft7: >clLgt}AE YCiIQt 11lrERF.Bf k~TNEI+FADPFJ'GfYTHATYCiJ51RPAGa1JIRlNQ _ .••--r•r......~-.. WtYfE ' Ilq hffogoaBansatk,M~t11n ar ae~Mad to tkle abtJnotee ~rtaact~ k katrk~ed tn~p roourate tnc al Ura dale rba} A was~popa+ai.lhv rppbahle , 4~S and tha IrriaF c,avatad by tlu•YagOA,s,adttrle}}tacwrd~tdraae, aW; Dart dren0.k taom erm toCun.. m9w tQ dur efasa aF oesvew,~@uyar rbey wf>th to apeprtdlapl.Ms:gx[vs o[.ii+e Prcy}eigi Adrq. mA e!!~'at>dlw~ to4My! M wt~kat IM Propery.b rOW1e1 rn~r later ea~btlaKed nqurW hexard Yrolrr; N ea+&ipt0alrieeadJfhdohmtt by~arballo(~%wld,lho?panoWwaladapan~Ya4pme~ 7ha deacrtppoll~ twAgNssW svtUdn tlHe.t~pVV auat P.Ph=•Ia'a rol Urlonde0.ir• to fillt-end 4aeraiCt~ dlaearueiorta aI•~I aF the ppsaitdo raiiMlw>toias to U,s•aµypr ¦hdhrlris PtoppMY~ to dia urwtt~thas fhb uaaifiamt F,t,~rxas tlnt ttrr! RatMr~y is afl.d.d.t~eyr oar,x mon otlhtr tllaaluaw.tr0. &+}'K l~ ~ds!iVad ror t. t1!l14Y1 tole applieapl~ tatWt: kf tUelt` Oa~ikeW • s. tiemi auwwst •oowie~eaa wutti.loaetoaetSWquen~ alma taatrsdkcioaw. . a ntatrr trppt~ppAltotadwttardr totavlew tahdlmroatfpoea th.#'nl~t:at'aaa•1 dlsgpYprat~ , Ltkawtse. na tap~nlodan.x ncoa+mandaNlatrtf+tatodr 4Y 4he Attf;GemRlaMd parr Bpap•AaapClelkrt w Ely any tltalpt w Ea ile lwiai wWic~er>FY, Waol otlid, a aeaww.quaueardihlrit~tnenty+r trre.patrs;l,rxrAgitaemra? n?whlnFi k ~tatr. c'+fat+s-sec:Y tit.ntis t7d~I~I3aa2a flat,.". «s..•. r+ 'DCltrt(t1.A'S ~F Y, 6wGl*SfaG.R.~rJCr P+lpNA.t;~l"L. IZiadip} d dm olieCQ SeAllr's it!vn~toN iutr{,axuru 61pta,neMla lggeby avkiKvpkidgq~k` . cd7Y t7i" Yai17&r:i Ntl'fICE: Tfq+isiar,rit; ara aStut atarAlsd b meat CAM1SpFn¢ ~aau}ronaar>a atlavrnhd lnarl~q ra : h YlIAa of osll to maao.awa Year. o,~s UI111WIg tlwmrsi aunmiClefntF AlR t:aslYUadOlsf RRM L~agta AssodrHdn, DOe W e?is SlrrtM,.8YItR tl0e, los Aagolutl, C119001T. ' 7+Ptpharv! M0. 4:213}81{7ri<t'flr. fIR NW I~IaJ 607~l61a. PAGE1! 1 . QNBBd - A1lI CpfAtlt3tiGUf6 Hlept H~1'ATE RSSpCEA'gON FORM SIdD~5+TI1JtE i PR~PER7Y INFORMATION SHEET ' (Non-Residential) AIR Goi'nmerca( Real Estate Association PREFACE: Purpose: This-Statement 1s N6T a warranty as to tte actual condition of the PropertylPremises. The puryose is; instead, to proVlde he brokers `and the potential buyerllessee with imporiaht information about the properlylPremises which Is currently In-the actual knowledge of the Owner and which the Owhet is required-by law to disclose;. Actual Knowledge: For purposes of this Statement the phrase 'adtual knowledge' means: the awareness of a fact; or the awa_rena_ss of sutiidienf infortnatlon and circumstances so as t0 cause one to believe that a certain situation or condition probably exists: TO WHOM IT MAY CONCERN: O.E...Clarh Paper- BOX Co;.., a California corporation (°Owner"), owns ,the Property/Premises commonly known- by the street address of 2'716 Leans Boulevard located in the Clty of Vernon Ogunty of, Los Angeles , State of California ,and generally describetl as (describe lirlefly tho nature of the Premises or Property) an approximate- 95, 059: square. foot building located on approximately 51,-.059 square feet of :industrial zoned land. (herein after "Property"), and'certifies'thet: 1. Material Physical Defeats; Owner has no actual knowledge of any material physical defects in the Property or any improvements and structur s thereon, including, but not lim(te to the roof, except (if there are no exceptions write "NONE'"): ° ~T',~ ' 2. >=qulpmeht: A. Owner-has no actual khowledge that.the heating; ventilating, air conditioning, plumbing, loading doors; gleclrical and.ligfiting systerrrs; life safety systems; security systems; and mechanical equipment existing on the- Property as of the date hereof, if-any, are ndt' in good. operattng order and condition; except (if ffiere are ho exceptions'write "NONE"): F)1'~ L~ tL,/ B. Owner'has no actual knowledge of any leases, financing agreements,.liens orother agreements affecting any equipmenfwhich is being included with the Property, except (if there are no exceptions unite "NONE"): ~ '3, Soh Conditions. Owner has no actual knowledge that the.Prope ty: has any slipping; sliding, settling; flooding, ponding or any other grading,,-drainage or-soil problems, except (if there-ate no exceptions wrlie'NONE"): ~~r~~ 4. Utilities. Owner represents: and warrahis that"the Propen is served by the toile mg utilities (chepk the appropri to boxes public , sewer system and the cost of Installation thereof has been fully paid private septic system, etectricity,~ natural gas, domestic viafer~ telephone, and ~ ether: Air ` F +m~~~"""`" 5. Insurance. Owner has no actual knowledge ofiany insurance dlaims filetl regarding the Properly during the preceedlhg 3 years, except{If there. are;no exceptions write"NONE"); ~~C7 ~ f- t3. Compliance WI#htaws. Owner hasnoactuaCkrrowledge of.any aspector canditlon.of the Property whidh violates applicable laws, rules, regulations, codes; or covenants, conditlohs" or Yestrfctions, or of improvements of alterations-made io the Property without a permd where one was required, or of any unfulfilled order or directive of any applicable government agency or of:any casualty insurance company that any work of investigation, reritedlatlon, repair, maintenance or improvement is to be:performed omlhe Property, except (If there are no exceptions write "NONE"): ~O /T/t" 7 Hazardous Sutisfances and FAold. A. Owner has no actual knowledge of the Property ever ha4ing been usedlas a waste dump,; of the past or present ezislence`of any above or below;ground, storage tanks on the Property, or of'the currentexistenee oh the Property of asbestos, transformers containing pCl3's or any hazardous, toxio or ihfecllous substance Whose nature andlor,quantity of existence, use, maniifacture dr effect, render it subject to Fetleral, state dr local regulation,-investigation,. remedlation or. removal as poteritlally inJurious to public health or welfare, e~x{c~ept (if there are. no exceptions write „NONE"): (1' d ~f - PAGE T OF 2 ' ©2dOD • AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM PI-5.6107E s: e ~ B. Owner represents and warrants that (t is not currently, and never has been engaged in the busines{s~of hauling waste, antl never stored hazardous- substances on the Property, except (If (tiara are no exceptions write"NONE"); (C ~ lC~~ C. Owner Etas no actual knowledge of the existence on-the Property of hazardous levels of any mohdfor fungi defined as4oxic under applicable state or Federal law; except (If there are no exceptions write "NONE"): f T ft~- r 8. Fire Oatnage. dwner has no actual knowledge of any structure or'ihe Property having suffered material fire dam/a~ge, except (ifthere are no exceptions write-"NONE"): Jf/ 9. Actions, Suits. or Proceedings. Owner'has no actual knowledge thatany actions; suits or proceedings are pending or threatenetlbefore any court, arbitration tribunal, governmental department, commission, board, bureau, agency or instrumentality that-would affect the Property or the right or atiility of an owner ortenant to convey; occupy or utilize the Property, except. (If there are, no exceptions. write "NONE"): ~Yd 10. Governmental proceedings. pwner has ng actual knowledge of any existing or contemplated contlemnation; environmental; coning, redevelopmenC agency plan or :other land -use reguisfion proceedings which could'delrimantally-affect ltie Value, use' and operation cf the Property; except (if tfiere are no exceptions write "NONE"): p} j(! 11: lJnrecorded-Title Matters, Owner ties no actual knowledge of any encumbrances; covenants, conditions,: restrlolions, easements, licenses, liens, charges or other matters which affectthe title of the Property than are not recorded in the official records of the county recorder where the Property Is located, except (if there are no exceptions write"NONE"): ~I~ j' 12. Leases, :Owner has no actual knowledge ofany'leases,-subleases or,oiher tenancy agreements affecting the Property, except°(tf there are no ezceptians write 'NONE"): ~1/ ~ 13. Options. Owner has no actual knowledge of any options to purchase, tights of firstrefusal, rights bt first fo/fferor other similar agreements affecting the Property, except (if there are no exceptions write"'NONE"): C 14. Other. (IC.will be presumed thattfiere are no additlonal items wfilch warrant disclosure unless they are-set forth herein); The statements herein will 6e'relied upon. by brokers, buyers, lossees; lenders-.and others: Therefore, Owner ahd/or`the Owner's Property Manager has reviewed-and modified tfiis printed statement as necessary to accurately and completely state all the known material facts concorning the Property. To the axtenf such modfflcatlons are not made, fhfs statement maybe relied upon,as printed. This statement, however, shalLnot reliaye a buyer or lessoe of responalbilltyfor Independent investigation of the Property. Owner agrees to promptly notify; in writing, all appropriate parties of any materlal.changeswhich may-occur Ih the atatarrfents contafnAd herein-from the date this statementis signed until title fo`the Pr(oyp~erty is transferred; or the lea/%s~e 1s exacuted; Date: ~ 1 „OWNER" (FIU in date of execution) O.E. Clark ?apex:BOx Co., a California cor oratiat i Name. Printed: l!/ F~ ~ C~ ~ ~ r..ti Title; ~ "~j~ ~ /7 (Jame Printed: c- Title:. Buyer/lessee Hereby acknowledges receipt of a copy of this Properly,ln(orrriation Sheet on By: A- n Name P d; ~C rl'.~ % / N Title: C ~ ~1^~ NOTICE: Those forms are often modHled to meet changing requirehiehts of law and Industry needs. Always write or callYo make sure-you are utilizing the most current forma A1R Commercial Real Estato Association, ii06 W 6th Street; Suite 800, Los Angeles, CA 90017. Telephone No. (213) 387-8777. Fax No."(213} e8Z8616: PAGE 2 OF 2 ©2000 -.AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM Pf•5.8l07E 1 SELLER'S MANQAt4Rlf DISCLOSURE'STAT~MENT . (Required by law on transactions invalvfng.non-residential properfies in California) DO NOT USE TWIS FORM WITH REGARD TO THE SALE OF RESIDENTIAL PROPERTIES AIR Commercial Real Estate Association This disclosure statement is intended tq be a parCOf the ? STANDARD OFFER, AGREEMENT AND ESCROW INSTRUCTIONS FOR PURCHASE OF REAL. ESTATE'(See paragraph 9.1(a) of said document) or (~J Commercial Real Estate Association Standard .Offer, Agreement and'Escrow Instructions for Purcfiase of Real Estate dated Februar 9, 2009 between. The City of vcrngn i"Buyer") and O.E: Clark Eager Box Co:; a California corporation; and Oliver E. C1ark.ITI and Jean A. Clark, Trustees of the Oliver E. Clark III and Jean: A. Clark Family Trust ("Seller") (the. "Purchase- Agreement")'dated February: 4, 2009. , 4egarding that certain real property commonly known as: 271.6. Leogs Boulevard., Vernon, CA• "9OOSt3 (the "Property') wherein 0.1;. Clark Paper Box Co., a California Corporation is the Seller and The City of Vernon (s the Buyer. Note: This disgigsura statement is BgJ designed nor intended to:Ue usetl in place. of the standard Propery Informs{ion Sheet publf"shed by the AIR`Commerclal Real Esate Association ("AIR"}. Both documentsshoufd be used in every transaction. involving a sale. In order to Comply whit State law concerning disclosures"to a potential purchaser, SellerelecGs to: Q A, Utilize a report prepared by a professional consultant whicft has Been approved by the AIR;i:e. First American Natural Hazard Disclosures, (800) 527-0027, or JCP Property disclosure" Reports, (800). 748-5233. A copyof their report Is attached hereto. (Complete paragraph 8, 9, and 10 andsign Phis stafamentJn the place providgd,) ? B. Utilize a report prepared by A copy of their report is attached hereto: (Complete paregrapha 8, 9-and 10, sign this 9tatemenf In the place protridad, and attacks copgofThe Commarclal PropertyOwner's auideto Earthquake Safety:) ? C. Gompiete'tftis Disclosure Statementwlthout the assistance_of a professional consultant. (Complete paragraphs 1 through 17 and sign this Statement In the place provided. Remember to attach a copyaf The Commerclai Rr•aperty Owner's Guide to Earthquake Safety.) 1, EARTHQUAKE FAULT ZONES. If the Property is located within a delineatetl Earthquake Fault Zona (a zone Jhal encompasses a potentially or recently active trace of an earthquake"fault that is deemed by the State :Geologisfto constitute a potential hazard to structures frgm surface faulting or fault deep), Califorhia Publle Resources- Code. §2621 et seq, mandates that prospective purchasers be'sdvised that the Property is located within such a Zone, and that its development may reyulre a geologlcreport from-a state registered geologist. In accordance with such law, Buyers neYeby informed that the Property is ?oris not ? within a'delfneated Earthquake Fault Zone. 2. SEISMIC HAZARD TONES. If the Properly is locatetl within a Seismic Hazard zone; ae delineated on a map prepared by the Califgrnla' Division of Mines and Geology, Californ{a public Resources Code §2690 et seq. mandates that prospective purchasers be advised that the Prapenyis located within such a Zone. In accordance with such Iew, Buyeris hereby informed thanthe property is ? or Is not ? within a Seismic Hazard Zane: 3. EARTHQUAKE SAFETY, If (1) the improvements on the Property were constructed- priortp Q975, and: (2) said Improvements-include structures with (I} pre-cast (e,g.; tilt-up) concrete or reinforced "masonry walls together with wood frame floors or roofs or (ii) unreinforced masonry walls, Buyer must be provided vAtli s copy of 'The Commercial Propery Owner's Guide to Earthquake Safety (the "BOOklek') published by the California Seismic eatery-Commission. Buyer is hereby informed hafthe Propertyi ? {a) meets-the foregoing requiremems, and. a. copy of the Booklet-and a completed."Commarclal Property Earthquake Weakness Disclosure Report"!s'attached hereto.. Within five business days. of Buyer's receipt of sold Disclosure Report,. Buyersnall deliver a duly countersigned copy of the same to Escrow Holder, vrith a copy to Seller and SAller's Broker; Escrow Holder is hereby instructed ttistthe Escrow shall not close unlessand untll Escrow Holder has raceivedthe,Disclosure Report duly signed by both Seller.and Buyer: (b) dbes nqt meal dte"foregoingrequiretnenFerequiringthe delivery of the Bookleti 4: FIRE PROTECTION,. If the Property Is located within a designated State Responslbiilty Area as delineated on a map prepared by the' California Department of Forestry, Califomla Publid Resources Code §4136 mandates lhat,prospedivepurbhasers be advised-that the Propetry-is located wilhln a wiidland area which may contain subslanilel forest fire risks and Fi'azards, that the State-may not be responsible fo provide fire protection services, and that fne Property may be subject to the requirements of Pubilc Resources Code §4291 whicft requires the periodic removal of bru"sh the mainienarjce of firebreaks, and'clher similar activities. In accortlance vrilh such law, Buyer is hereby informed that the Properly is ? or is. not ? within a designated State Responsibility Area. 5. FIRE HAZARD. If the Property le located Within an area designated as a Very High Fire Hazard Severity Zone pursuant to Government Code §51178 etseq; §51183.5 mandates that prospective purghasers be atlvisad that the Property is located wilhln such a zone and that. the. Property may tie subJecC to various maintenance, design antllor construction requirements andlor restrictions.. In accordange with'such law, Buyer is hereby informed thatihe Properly Is. ~ of Is riot ? wilhln a'de§igriated Very High"Fire Hazard Severity Zone: 6, AREA OF POTENTIAL FLOODING. If tfie. Propery is located wiiiiin an area of potential flooding in the event Of the failure of.a dam as r, , shown oh an Inundation,map designated pursuant to Government Code §$589:5; §8589.4 mandates that prospective purchasers tie advised iliac the Property Is located within suckers. area. In accortlance with-such law, Buyer is hereby informed That the Property is ?oris not ? within a designated area of potential flooding. 7. FLOOD HAZARD AREAS; If the Property fs located within a designated Federal Flood Hazard Area as delineated on a-map prepared. by the Federal, Emergency Management Agency; Federal Jaw, le. 42 U:S.C. §411)4x, mandates that prospective purchasers be advised that the Property Is PAGE 1 OPB INITIALS. IN S ©1998 -AIR COMMERCIAL: REAL ESTATE ASSOCIATION FORM SMO.3.7106E located :within an area having special flood hazards and that flootl insurance maybe requlretl as a conditioned obtaining. financing. In accorcia_nce with such law, Buyeris fiereby informed that lieProp'erty is ? or is not O within a deelgnated Federaf Flood Hazard Area. 8: FLOOD DISASTER.INSURANCE. If the Seller or Sailerspretlecessor-in•interesth:asproviously received Fedefel good disaster assistance end said assistange was conditioned upon oblainingand maintaining flood nsurance on the Properly, Federal law, ie: 42 U.S.C. §5154a, mandates that prospec#Ive purchasers be advised that theywlll be required to malntaln-such Insurance on the P~9petty and that ifsaid insurance Is.nol maintained<and the Property is thereafter damaged by a flood disaster, the purchaser may be required to relmtiurse the Federal l3ovemment fo a disaster relief ' provided. Buyer is hereby informed that to the best of the Seller's knowledge Federal,flood dlsas(er assistance has ~ or has not been p:reViouSly , racelved with regard to the Propery. Note: If such ilisaster.assistance has been received, the lawspeeifies-that the required nob a be "contained in documents evidencing the transfer of ownership". 9: 1NATER HEATER BRACING. If the Property contains one or more water heaters, Seller is required by Califcmia Health and Safely-Code §19211 to certify to the Buyer that all such-water heaters have been bra , strappetl antl/or anchored in accordance with law. Buyer Is hereby adv(sed that the required bracing, strapping andloranchors have 0 orhave notbaen installed: 10. i~RESENCE OF M.QLD. If the seller or transferor of:pfopeRy knows of the,presenge iii mold ;haf'affects`flis properly-and the mold either exceeds perrnissible exposure Ilmits or poses a health threat then Health and Safety Code §28140, et seq.. mandates that pro5pebtive urchasers tie advised in writing of such moltl, In accordance with such law,. Buyer is hereby informed that the undersigned does ~ or does no[~ know of the presencebf such mold effecting ho Properly. 11. TITLE INSURANCE. In the event that the Purchase:Agreement does not at present provide that Gtieinsurance will tie obtained, Buyer is strongly urged to consider purchasing such Insurance, and; in accordance with California Civil Code §1057:6, fs advised as follows: IMPORTANT: IN A PURCHASE OR EXCHANGE OF REAL PROPERTY, IT MAY BE ADVISABLE TO OBTAIN TITLE INSURANCE IN CONNECTION WITH THE CLOSE OF ESGROW SINCE THERE MAY BE-PRIOR RECORDED LIENS AND ENCUMBRANCES 1NHICHAFFECT YOUR INTEREST IN THE PROPERTY BEING ACQUIRED: ANEW POLICY OF TITLE INSURANCE SHOULD BE OBTAINED IN_ ORDER Tp ENSURE-YOUR` INTEREST IN THEAROPERTY THAT YOU:ARE ACQUIRING: 12: OTHER. PLEASE NOTE: Wtlle he information contained in or attached to tfiis Disclosure Statementis Believed to tie. accurate as ofthe date that it was prepared,.the. applicable laws and the areas covered by the various natural hazard zones, etc. can-change from lima tp time. Prior to the close. of escrow, Buyer may-wise fo again check the status of the Property: Also, the city andlor county in which the Property7s located may have established natural hazard zones in addition to those listed above. Buyer Is advised to checkwlth the appropriate local-agency oragenCles. The descriptions contained within the above dtselosurs paragraphs are not Intended to pe full -and complete dissertations of alt of the possiBte ramifldatlons to the Buyer andlorthe Property; In the evehf that this document indicateeahat tha_ Property is affeoted by one.or more of the disclosures, Buyer is advised to: , 1• Review the applicable Paws in Yhelr.endrety. 2: Seek advice of counsel as to tNe legal consequences of.the Items: d(scfosed. • 3: Retain appropriate consultants to reVleHr and Investigate the Impact ofsald disclosures.. Likewise no representation or reaommendatton Is made by the AIR Commercial Real Estate Association or by any broker a& 1o the .legal sufficiency, legal effect, or Consequences of tltls document or the Purchase Agreement to which it Yelates: Dater l c- ~`'3GgjGrv L~ ,~.~G~ i~ ~p~ SELLER Date: ~ SECLEK. Receipt of the above Seller's MandatoryDisciosrire SlatemenCis hereby acknowledged: Dale: y 1 7 ~d / EFt NOTICE: These-forms are.offen modified to:meet changing requirements of law`and Industry needs. Always write or tattoo make sure you are utlltzing the most currenkform: AIR Commercial Real Estate Association, 80l?rW 8tti Street, Suite 800, Cos Angeles, CA 90017. Telephone No. (213) 687-8777. Fax No,: (213) 6tf7-8816. PAGE 2 OF 2 IN ~ INITIALS ©1998 • AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM SMD-3-7101iB i 1 ~ Commercial ~'roperty Earthquake C~isclosure Report woos ~~;t;or~,~ ~ , i NAME ~ ASSESSOR SPARCELNb W STREETAbDRESB YEARBUILT OITYAND COUNrY ~ - 21P 0008 ~ Answer these questions to the bestof your knowled : If you do ncthave actual knob edge as to whether the weakness exists or not; 1 answer "Don't Know," It-you know hat a weakness exists or has been corrected or ff,at the building has been seismicaify reirafitted, i I explain on a separate sheet. If your property does not have the feature described in the question, answer "Doesn't Apply.'° The f l pagenumbers in the right-hand column indicate where in this guide you can find information on each of these features. doesn`t don't SBB f Yes Nn Apply Krtov7 Pago yi_ 1. Is the waterheater braced, strapped, or.anchored to reslst`falling during an earthquake? ~ ~ ~ ~ 12 i ~ 2. If the building has precast (tiltup) concrete or relnferced masonrywalls with wood-frame floors- ~ ~ ~ ~ 14 or roof, are the exterier walls adequately-anchored fo the floats and the roof in accordance with local building codes? ~ R 3. If the exterior walls; or part of them, are. made of unreinforced masonry, have they been 6..i ~ ~ ~ 16 strengthened (n accordance with the California building Standards Code? 4. If the building is located in Seismic Zone 4 and has unreinforced masonry bearing walls that ~ ~ ~ ~ 17 have not b®en retrofitted, rtes It been pOSted as potentially unsafe? 6. If the building has concrete columns,-were they adequately reinforced to resist earthquakes or ~ ~ ~ ~ 18 have they bQen strengthened? 6. If the building has a steel frame built befere 1995, has it been Inspected ter fractures In welds ~ ~ Q 21 ' in or near steel conhectlons? 7. If your building Is commercial or has five or mcre.residential units; does ii-have a soft or weak ~ ~ ~ 22 O story or open front? ! ~ 8. Does the building have well-anchored exterier cladding with no unusual or irregular building ~ ~ ~ ~ 25 U; I~ I features?. 9. Is-the building outside an Alquist-Prioic Earthquake Fault-Zone (an area prone to fault rupture ~ Q ~ ~ 40 immediately surrourding active-earthquake faults)? 41 1O.Is the building outside a Seismic Hazard Zdne (zone Identrfled as susceptible to liquefaatian i I oriandsliding)? 1 If any bf the questions are answered "No," the building-may be,likely tc suffer severe damage during earthquakes. Questions answeretl "Don't Know" may indicate aneed-.for further evaluations. If you corrected one or more of these weaknesses,. describe. the work on a separate page. } I As seller of the property described herein, I-have answered the`questions above to the best bf my knowledge in an effortte disclose fully { ~ any potential earthquake weaknesses It may have, Qther a bogus a cancems may be present but are not disclosed: FrXECUTED B:Y _ (SeIIBr) tar) Date I acknowledge receipt o>ahis form, completed and signed by the seller I understand that if the sellerhas answered "No" to one or mare questions, or ! Iler has indicated a leak of knowledge, there may be one or. more earthquake weaknesses in this property, * (BbY (Buyer) - - DB«t *~'U1~ ER, ACKL`TOWI.~DGE 3.tECETPT 0~ ??THE GQI~IEItCIAL PItOPEJtTY OWN~12.' S GUIDE TO EARTHQU _E SAFETY'' 2:006 EDZTIQN. The Commercial Property Owner's Guide to Earthquake Safety 51 ' L PROPIrRTY INEORMATI:~N SHEET (Non-Residential) AIR ~ommerci~l Reai Estate Association PREFACE: Purpose:- This Statement is NOT a warranty as to ttie actual condition of the Property/Premises, The purpose is, instead, to provide the: brokers. ahd the;potehtial buyerllessee with important information about the'ProperlylAremises which is currently in the actual knowledge of the Ownar:and wHich the Ownerls required by law to dlsclosb. Actual Knowledge: For purposes of this Statement the phrase 'actual knowledge' means: the awareness of a-fact; or the awareness of sufficient Information and Circumstances so as to cause one to believe. that a.certain situation or condition probably exists:. TO 1NHOM tT MAY CONCERN: Oliver E. Clark III and :Jean A. Clark., Trustees of the Olivet 'E. Clark :'III and Jean. A Clark L•'ainily Trust ("Owner"}, owns the PropertylPremises commonly known. by the street 'address of 2729 Leonis Boulevard located in the City of Vernon. County of; rLos Angeles , &tate of California ,.and .generally described as (describe briefly the nature; of the Premises or'Rroperty) an approximate 17,996 square foot buildin `located on approximately 27 -878 square feet of industrial zoned land. • (herein after "Property"), and eertfies that; ' 1. Material Physical befecfe: Owner has no actual knowledge of any material physical defects,in the Prop&rty or any: improvements'and structures thereon; Including, but notiimited to thefoof, except (if there are no exceptions write "NONE"): - - ~''t// 2. Equipritun;. A, Owner has no actual knowledge that"the heating; ventilating; air conditioning, plumbing; loading doors, electrical and lighting systems, life safely systems, security systems-and mechanical equipment existing on the Propertyr as of the date Hereof, if any, are not Iri.good operating order and cond[tion, except (if'there are no exceptions-write "NONE"): ~ B. Owner has no actual knowledge of any leases, financing agreements, Ilene or other agreements effecting.. any equipment wftlctr is being:fncludotl with the Property, except(if there are no exceptions write "NONE")r /0,~ /C F 3. Soii'CondiBons Owner tics no actual knowletlga that the Property has any slipping, sliding, settling; flooding,. pending or°any otFier grading, drainage or solLproblems, except (if there-are no exceptions tyrile''NONE"): ~ ~ ;ey 4. Utllifles. Owner represen(s and warrants that the Properly is served by the following utilities. (check the', appropriate boxes)!ipublic sewer system aril the cost of Installafiorrthereof Bas been fully paid, ? private septic system; elactricily,~}-p@lural gas,~ol domestio;water;~1~ telephone, and O other: 5. Insurance. Owner has no actual knowledge. of apyinsurance_clalms filed regaYding the Properly during the proceeding 3 years; except (if there are no exceptions write"NONE"): 6. Campllance With.Laws. Owner has no actual knowledge of;any aspect or ca0dhion of the Property which Violatesapplicable laws; rules; regulailons, cotles; or covenants, conditions or restriolions, or of improvements or alterations made to the Properly without a permit where one was required, or of any unfulfilled order or. directive of any applicable government-agency 9r of'any casuahy insurance company Ihat any work of investigation, remedalions repair, maintenance or improvement is to be performed on'the Property, except (if there are no exceptions write "NONE"): f.~/t/ 7. Hazardous Substances and-Mold: A. Owner has no actual knowledge of-the Property: ever Craving been used as a waste dump, of the pastor present existence of any above or below ground storage tanks on the Property, or of the currentexlstence onthe-Properly of asbestos,.trans(ormers'cohtatning PCB's or any hazartlous, toxic,or infectious substance.whose nature and/or quantity of existence; use, manufacture or-.effect, render it subject'to Fede[al,'stete or local regulagon, investigation, remed(atton or rernpval as potenllally injuHous to public health or welfare; except (If there are rio exceptions write „NONE"}: ' /~~rt~l~"~^_ PAGEf OF2 .02000 -AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM PI.5.6(07E: Y. - B. Owner represents and warrants thatif is not curcenfly, anii never has been engaged n the businesrxs~ of hauling waste; and never stored hazardous substances on the Property, except (if there are no exceptions write "NONE"): ~(Jjy t~- . C. Owner has no aciual:knowledge of the existence: oh the Property of hazardous levels of any mold or fungi defined as-toxic under applicable state or Federal law,.except (if there are no excepGoris wrrte "NONE°):' ,p e«/~ 13. Fire .Damage. Owner has no actual knowledge of-any structure on the Property having suffered material fire'damage, except (if there are- no exceptions write "NONE") ~r'~JiS/' 9. Actions, 5uftis or Proceedings. Ownervhas no actual knowledge that any actions„suits or proeeedingsare pending,or threatenad'before any court; arbitration tribunal, govemmenfal department, commission, board, bureau, :agency or instrumentality tFiat would affect'the property or the right or ability of an ownecor tenant to convey, occupy or utilize the Property, except. (if there are no exceptions write"NONE")t ~/~iS~~ 10. Governmental. tyroceedings. Owner-has no actual knowledge of any;existing orcontemplated condemnation, environmental;-zoning, redevelopment agency plan or other land,use regulation proceedings which could detrimentally affect the. value, Use' and operation ofthe Property, exeepC(If there are no exceptions write "NONE"): f) 11, Unrecorded Title Matters. Owner has no actual knowledge of any encumbrances, covenants, conditions, restrictions, easements, licenses, (lens, charges orothe_r matters-which affect the title ofthe Property that ara_ not recorded in the official records of the county recorder where iha Property is located, except (if there. are no exceptidns write "NONE"): ~ / 12. Leases. Owner has no actual knowledge of any leases, subleases or other tenancy agreements affecting the Property, except (tf (here are no :exceptions write "NONE"): O ~ li,~~s ` , 13. Options. Owner has no antyal knowledge of any options Co purchase, r'rghfs of tirsi refusal, rights offirst-offeror othersimiler agreements affecting the Property, except (if there are no exceptions write "NONE"); _ 14. Other. (ft vrill, be presumed that.-there are rio addf6onal items which warrant disclosure unless they are. set foith herein): The statements herein will be relied upon by brokers, buyers, lessees, lenderscand others: Thereforo, Ownerandlor the Qwner'e Property Manager has reviewed and modified this printer( statement as necessary to accurately and completely'state all the known.material facts adncerging the Property. To rho extent Such modiflgafions are not made, this statement maybe reflod upon as printed. This statement, however,shall not relieve a buyer or lessee of responsibll(ty for Independent Investlgatfon of the Property. Owner agreesto promptly notify; in writing, all appropriate parties ofany material changes which may occur m rho statements contained herein from the date tills stafementis signed until title to. the prcparty is transferred, or the lease Is exacutod. Oata:_ ( IGf~CsY. ~ ,~lJ~i ~ °OWNER" (Fill in data of execution) Oliver E. Clark III'and Jean A.'C1ark, Trustees of Ehe Oliver E. Clark III .and Jean A. Clark- E"am~ 1 Trust - By~ ~ Name Printed; ~ lt7 'Y7 r'~, Title: ~ Name I'rfnted: Cltle: Buyerllessee hereby acknowledges receipt of a copy of this Property Information Sheelon: Q BY: a ?,~I/ ~]Q~/ /J/ C ~ ) Name Pr' c: ~ H. ~/Y/T~//17/~ Title: C./~ ~ ~ NOTICE; These forms are often modified to meet changing requirements of IaW and Industry needs: Always write creel( to make sure you are utilizing the most currentform: AIR Commercial Real Estate Association, 60i! W 6th Street; Suite-800, Los Angeles, CA 91f017. Tolephone No. (213) 667.87`77. Fax No,: X213) 687.8616. PAGE 2 OF 2 ©2000 -AIR COMMERCIAL REAL ESTATE ASSOCIA'tfON FORM PI.5.61D7E t„ - SELLER'S MANDATORlI' DISCLOSURE STATEMENT (Required by law on transactions involving non-residential,properties in Califorrjia} DO NbT USE THIS FORM WITH REGARD TO THE SALE. OF RESIDENTIAL PROPERTIES AIR Commercial Real Estate Association This disclosure statementls Intended fo.pa a part of the ? STANDARD OFFER, AGREEMENT AND ESCROW INSTRUCTIONS FOi2 PURCHASE OF REAL ESTATE (See paragraph 9.1(aj of saitl document)pr Q Commercial :Real Estate Association Standard Offer,: Agreement. and Escrow Instructions for Purchase of Real Estate dated February 9 2009 between The City of Vernon ("Buyer") and Q.E Clark Paper`BOx Co a California- corporation, and Oliver"E. Clark III and Jean A.'Clark Trustees of the 'Oliver E Clark III and Jean A. Clark Famsly Trust ("Seller") (the '"Purchase Agreement") dated February 4, 2-009 ,regarding that certain real property-.commonly known as: 2729 LeonS Boulevard, Vernon, CA 90D58 (the "Property'} viFierein Oliver E. Clark III and Jean'A,.Clark, Trustees of 'the Oliver E, Clark TTI and Jean A: is ftle Seller and The Gity of` Vernon Is the Buyer. Note: This disclosure stafemet)t Is not designed nor intended to be used-in place of the standard Property Information Sheet published 6y the AIR Commercial Reat Eseie Assoelagon ("AIR"). Both documents should be used in every transactiortiinvoiving a sale. In order to comply with. State law conceming tlisclosures to a.poiential purchaser, Seller eledisto: C~J A. Utilize a report prepared by a professional consultant which has'been approved by the AIR, i.e. First American Natural Hazard Disclosures, (800j.527-0027, orJCP Property Disclosure RepaHs, (8.00) 748-5233. A copyof their report'is attached hereto. (Complete paragraph. 8, 9, and lgand sign this statement7n the place provlded.j ? B. Utilize a report prepared by A copy of their report is attached hereto, (Complete paragraphs 8, 9,and 10, sign this Statement in the. place provided, and attaoh a Dopy of The Commercial Properly Owner's Guide to Earthquake Safety.) ? C: Complete this. Disclosure `Statement without the assistance of a professional consultant. (Complete paragraphs 1 through 12 and sign this Statement In the. place provided. Remember to attach a copy:of The C6mmerclal Property.Qwner's Guide. to Earthquake Safety.) 1. EARTHQUAKE FAULT ZONES. If the Property isiocated witnin a delineated Earthquake Fault Zone (a zone tftatencompasses apoten~ially or recently active trace of an earthquake fault that is deemed by the State Geologist to constitute a pdtential hazard to structures from surface faulting or faulfcreep), California Public-Resources Code. §2621 et seq. mandates-that prospective purchasers he advised thatfhe Properly is tocated vAlhid such. a -Zone, and thatits davelopmenl may require a geologic tepoif from a state registered geologist. Iri accordance with. such law, Buyer is hereby informed the flhe' Property is ? or Is not ? wlthlri a detirieaied Earthquake Fault zone. 2. SEISMIC: HAZARD ZONES: If the Property is located within a Sefsmic Hazard Zone as delineated on a map prepared by the California Dlvisfon of Minas-and. Geology, Califomia Public Resources-Code §2690 et seq.. mandates that prospective purchasers be advised that the Property Is located within such a Zone. In accordance with such-law, Buyer is hereby inforitied that the Property is ? br is not ? within a Sefsmic Hazard Zone. 8: EARTHQUAKE SAFETY. IF (1j the Improvements on the Property were constructed prior to 1975, and (2} said improvements include structures with (q precast (e:g:; tilt-up) concrete or reinforced masonry walls together with wood frame floors or roofs.or(ii) unrelnforced masonry walls, Buyer must be proylded with. a copy of The Commercial Property Owner's Guiderto Earthquake Safety (the "Booklet") published by the Califomia Seismic-Safety Commission. f3uysr is hereby informed that the Property; ? (a) meets the foregolny requirements, aril a copy of the Booklet and a completed "Commercial property Earthquake.Weakness Disclosure Report" is-attached hereto. Within five business: days of Buyer's receipt of said Disclosure Report; Buyershall deliver a duly countersigned copy of the same Io Escrow Holder, with acopy to Seller and Seller's Broker. Escrow Holder Is Hereby instructed Ihatthe Escrow ahall noColose uhless and until Escrow Holder has received the Disclosure Report duly sighed. by both Seller ahd Buyer.. ? (b) does not meet the,foregoing requirements requiring-the delivery of the Booklet 4. FIRE PROTECTION: if the Properly isdocated within a designated State Responsibility Area as delineated on a map prepared py the Califomia. Department of Forestry; Califomia Public Resources Code §4136 mandates that prospective purchasers. be advised That the Property is located within a wildland area which may contain substantial forest fire risks and hazards, that the State may not be responsible to provide fire protectiorrservices, and that the Properfymay be subJect to therequlrements of Pubpc Resources.Coda §4291 which requires the periodic removal of brush, the maintenance of firebreaks, and other similar activities.. In accordance viitti such Iawi Buyer is Hereby infomied that theProperiy is ? or is .not ? within a designated-Slate Responslbillty Area. 5. FIRE:HAZARD. If the Property-is located-.within amerce designated as a VeryHlgh Fire Hazard Severity--Zone pursuant to Government Code §51178 et seq, §51183.5`mandafes hat prospective purchasers be advised that-the Properly is located within such a zone and that the Property may be subJect to venous maintenance, design endlor construction requirements andlor restrict(ons: In accordanceavith such law, Buyer,ls hereby informed that the Property is or is nol? within a designatetl Very High-Pita Hazard Se"verity Zone: 6. AREA OF POTENTIAL FLOODING. If the Propeny. is located within an area of potential flooding in the event of the failure of a dam as shown on an inundation map designated pursuant Co Government Code §8589.5, §8589.4 mandates that. prospective purchasers be advised that the Property Is located within suckan area. In accordance with`such law, Buyor is hereby informed that the Property is ? or Is not ? within a designated area of potential flooding. 7, FLOOD HAZARD AREAS.: If'the.Property is located within a de@ignated Federal Flood Hazard Area as delineated on a map prepared by the Federal Emergency Management Agency, Federal taw, ie. 42-U:S.C. §4104a, mandates that prospective purchasers be advised that the:Property is Jocated within an area having special flood hazards;and that flood. insurahce may be required'as a condition to obtaining financing. In accordance with PAGE i OF 2 INITIALS 3 01998 • AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM SMD+3.7/g8E ~i.i ~ - such law, Buyer is hereby informed that the Property is O or`is ntit? within a designated Federal Flootl Hazard Area. 8. FLOOD DISASTER INSURANCE. I( the Seller or Seller's predecessor=in•interest has previously receivedf Federal flootl disaster assistance and said assistance was conditioned upoh obtaining antl mafnlaining flood insurance on the Properly; Federal law, ie: 42 U,S.C. §5154a,.mandates that prospective purchasers be advised that they will be required to maintain such insurance on the Properlyand that if sarllnsurance is not maintained and Ih'e Property Is thereafter tlamaged by a flood disaster, the purchaser may be required to reimburse the federal Government f e disaster relief provided. Buyer is hereby informed that io the best of the Seller's knowledge Federal flood disaster assistance has Q or has riot been previously received with regard to the Rroperty. Note: It such, disaster assistance has been received,. the, law speciTies that the required no oe be "contained in documents evideneing the irarisfer of ownership"-: 9: WATER HEATER BRACING: If the+Property contains one or mote waterhealers;-Seller Is required by Callfomla Health and Safety Code §1921 i to certify to'tha Buyer that all such water heaters have been bra, strapped and/or,anchored In'aceordanee with law. Buyer is hereliy advised that the required bracing, strapping and/erranchors Piave O or have not been Installed. t0, PRESENCE OF MOLD. If the seller or transferor of properly knows of the presence of mold-that affects+ttie property-and the.mo~d-either exceeds permissfble exposure limits or poses a health threat lien Health'and SafetyEode §26140, et seq, mandates hat prospecti urchasers be advisetl in writing of such mold. In accordance with ouch law; Buyer is hereby informed that.the undersigned does Cl or does not know of the presence of such mold effecting the Property: 11, TITLE INSURANCE. In the event that"the Purchase Agreement does not. at present provide that title nsurance will be obtained, Buyer is - strongly,urged to consider purchasing such Insurance, and, In accordance with California CIviI Code §1057;6, is advisetlas"follows[,` IMPORTANT: IN A PURCHASE OR.EXCHANGE OF REAL.PROPERTY,' lT MAY BE ADVISABLE TO OBTAIN TITLE INSURANCE IN CONNECTION WITH THE CLOSE OF ESCROW SINCE-THERE MAY BE PRIOR RECORDED LIENS AND ENCUMBRANCES WHiCH AFFECT YOUR INTEREST IN THE PROPERTY BEING ACOUIREp. A NEVJ POLICY OF TITLE. INSURANCE SHOULD BE OBTAINED IN ORDER TO ENSURE- YOUR INTEREST IN THE PROPERTY THAT YOU ARE ACQUIRING. 12. OTHER. PLEASE-NOTE: White ffie information contained In or attached loihis Otsclosure Statement is believed to be accurate asof the date that it was prepared, the applicable laws and -the areas'covered by the various naWrai hazard zones, etc.. can change from time io time, prior lq the close of escrow, Buyer may wish to again check the status of the Property. Also, the city andlor county In which the Property is located may have eefablished natural hazard zones in addition to those listetl above: Buyer is advised to'clieck with the appropriate local agehcy or agenciesz _ _ The dpscrlptlons contalrted within the above disclosure paragraphs are not Intended to: be full and Qomplete dissertations of all of'fhe passible ramifications to the Buyer and/or the Property: to the event. that thle documenE Indicates-that the' Property Is'affected by one or more ofthe disclosures, puyeris advised to 1. Review the applicable laws in-their entirety. 2: Seek advice of counsel as to the legal consequences of the. items disclosed; 3: Retain appropriate consultanfs "ta.revfew and investigate the linpact of<sald disclosures: Likewise no representation' or recommendation Is made>by the: AIR Commercial Real Estate Association or by arty broker as to the legal suf(Iclency, legal-effect, or consequences of this document or the Purchase Agreement to which If relates: f~¢ ~ ~ ~ w Date: ~'~°`"G~~'G ~G~~~ ELLER C~~' `.2 Date: _ ~ ; ~ t'1 ~'2'`Z r LLEit Receipt of the above. Seller's. Mandatory Disclosure Statement Is hereby acknowledged: Date: `rl7lo~ ~R NOTICE: These forms are often modlfled to meetchanging r2qulrements ofiaw and industry needs: Always write;occall to make sure you are.utilizing the most curreht form: AIRDomitteraial Real estate Association, B00 W 6tN Street, Suite 800, Los Angeles, CA 90017. Telephone No. (213) 887-8777. Fax No,: (213) 887:8616. PAGE 2 Op 2 ~L.:. INITIALS 1 ©1998 -AIR COMMERCIAL REAL ESTATE ASSOGIATI,ON FORM SMD•3=7106E i I ' l Commercial Property Earthquake Disclosure Report zoos Edition) ~ _ _ NAME' - A83ESSORSPARCE4 ND ._..4....a.r ~ v~ ~ ~7 - ~ 3?REErAUCR`E°88~ ,~j ' / 1 ~ ) YEAR BUILY L~.~ G~.~._`.~-'~.' !n ~ ~ U cam. / ~ t/'f ~ ~ ~ 1''~ ~7 CITY AN~O CO/UNTY / /y 21P CODE - - l/ ~..~r'I is r7 ~ =5 .~/'1 k ~G ~-i d ~....~CJ answer these questions td the besfof your knowied : If you do not have aotual kn ledge as to whettler the weakness exksts oC not, answer "Don't Know" If you know that a weakness ezisis or"has been corrected or hat the building has bean selsrYticalky retrofitted, ~ I explairt on a eparate sheet. If your propertydoes not have the feature described in the question, answer "Doesn't Apply." The pagenumbers in the rtght-hand column intlkcate where In.this guide you-can find: information on each of these. features; Doesn't' Don'} See Yes No Appty Know Page I I 1. Is he water heater braced, strappsd, dr anchored to resist falling during an earthquake? ~ ~ ~ ~ '12 2. If the building has precast (tiltup) concrete or reinforced masonrywalls with wood-frame ifacrs ~ t--j r-•y ,IQ or roof, are the exterior walls adequately anchored to the floors and .the roof In accordance t~1 L.,.I ' ~ with focal building codes? ~ ~ 3. Ifthe exterior walls, or part of Them, are made of urrreinforced masonry, have they been ~ ~ ~ - 16 strengthened in accordanoe with the California Building Standards Code? . 4. If the building (s boated in Seismic Zane 4 and has: unreinforced masonry bearing walls°tfiat ~ ~ ~ 17 have not bean retrof(tted, hes it been posted as potent(ally unsafe? 5. If the building has concreke columns, were they adequately reinforced to resist earthquakes or ~ ~ ~ ~ 18 • k have they been strengthened? 8, If`the building has a-steel frame bulltbefore 1995, has.R been Inspected fnrfractures In Welds ~ ~ ~ ~ 2'1 in or near steel connections? 7, If<your bukldtng Is ;commercial or has five or more residential units, does it have. a soft or weak- ~ ~ ~ 22 C story or open front? i 8, hoes the building have well-anchored exterior clatlding'wlth n.o unusual or irregular building:. ~ ~ ~ 25 ra I features? l ~ 9. !s the building outside an Alqulst-Rriolo Earthquake Fault Zone (ari area prone to fault rupture ~ 0 ~ ~ 40 immediately surrounding active earthquake faults)? • ~ 10.Is the building outside: a Seismic Hazard Zone (lone Identified as suseeptlble;to liquefagtion ~ ~ ~ ~ 41 or landslkdirg)? If any of the questinns are answered "No," the building may ba likely to suffer severe damage during earkhquakes. Questfons answered "Don'f Know" may indicate a need: forfurther evaluations, If you corrected one or more of these weaknesses, describe the work bn a separate page.. As seller of the properly described'herein, Ihave answered the. questions above o the best of my knowledge in en effort to disclose fully any potential earthquake weaknesses it mayfiave, Other earth ueke concerns may be present but are not disclosed. EXECUTED i3Y . /f (Seller) (3eller ~~Y~`~ " Date ~'j I acknowkedge receipt of this form,_completed and signed by the seller. I understand that if the seller has answered ".No"#o one or more. - ~ questions, or if Iles has indicated a lack of knowkedge, there may be one or mare earthquake weaknesses In this properly. (E3uyer (Buyer) ~ ~ Data *F(7R R, ACKNOWLEDGE RECEIPT OF' r'TIE CONll~1ERCIAL PR.OPERT~ OWNER'S Gt~IDE TO EARTHQU SAFETY".2006 EDIT70N. - - - The Commercial Property Owner's Guide to earthquake Safety 51 I. - ~ ~ f~ r ~ ~ OFFICE OF THE CITY ATTORNEY Jeff A. Harrison, City Attorney 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 Fax (323) 826-1438 April 1, 2009 VIA U.S. Mail Ms. Tina DeBow Senior Advisory Escrow Officer North American Title Company 101 N. Brand Blvd., Suite 1800 Glendale, CA 91203 Re: Owens-Brockway - 5120 S. Soto St., Vernon, California Escrow No. 233571-TD Dear Tina: Enclosed please find the signed Notice of Opportunity to Earn Interest and Form W-9 for the above-referenced escrow. If you have any questions, please do not hesitate to contact me. Sincerel , J A Harrison City A orney JH:jl Enclosures cc: Nelly Giron, City Clerk (Resolution No. 9897) E.~cCusiveCy IndustriaC NOTICE OF OPPORTUNITY TO EARN INTEREST File No: (TD) North American Tit/e Company ("North American") believes that it is in the best interest of our customers to provide to each depositing party notice of an opportunity to earn interest on all deposited funds through a special account at one of North American's depository banks. . Please note that interest rates on an interest-bearing account will vary from time to time and on different types of accounts such as a savings account or a money market account. In addition, the amount of the deposit and the amount of time the account will be open may affect the interest rate available. If you e%ct to earn interest, North American will charge you an additional fee of $`45.00 for the establishment and maintenance of each interest bearing account, regard/ess of the dollar amount or length of time it will be invested. This fee compensates North American for any charge by-the bank for opening the account, p/us the additional employee time required to open the account, sign signature cards, review and sign the account agreement, handle account correspondence, c%se the account, maintain internal records of the account and other related duties. Therefore, it is important that you consider this cost in your decision as the cost may exceed the earnings Example: A regular savings deposit of $1,000.00 at an average interest rate of 3.0%* per annum fora 30 day period: Deposit X Rate. / Annual x Davs = Tgtalinterestearned $1,000.00 X .03 / 360 x 30 = $2.50 PLEASE READ THE FOLLOWING CAREFULLY.' A. If you do not want to have your funds deposited in an interest bearing account, you do not need to sign or return this Notice and such wi// constitute an instruction to us that your funds be deposited into North American sgenera/ escrow account. For important information regarding the general escrow accounts, please - read the disc%sure in Paragraph C be%w. B. If you e%t to have your funds earn interest in an interest-bearing account using North Americans depository bank, you MUST sign and return to North American both this form and the enc%sed W-9 form, Please be advised that you will be responsib/e for reporting all earnings to the applicable taxing authorities Also, North American cannot deposit the funds in the specified account until good funds have been received into North American's general escrow account and all the properly completed forms have been returned to North American. Unless and until North American receives all the required forms, North American wi/l not establish such account and all fcmds will remain on deposit in North American s general escrow account. Unless you specify in writing that the interest-bearing account be established at a specific financia/ institution, North American will open the interest-bearing account with a federally or state chartered financia/ institution of its choosing, which institution may be affiliated with North American, C. All funds not deposited into a special interest bearing account wi/l be held in North American sgenera/ escrow account at various federally or state chartered financial institutions, including institutions affiliated with North American. The general escrow account is restricted and protected against claims by third parties or creditors of North American. However, as a result of Escrow Ho/der maintaining its general escrow accounts with -the depositories, Escrow Ho/der may receive certain financial benefits such as the absorption of bank service charges, accommodations, loans at preferential rates or other business transactions from the depositories ("co/lateral benefits'). All collateral benefits shall accrues to the so% benefit of Escrow Holder and Escrow Holder sha//have no obligations to account to the parties to this escrow for the value of any such collateral benefits. ELECTION TO EARN INTEREST: I/WE HEREBY AUTHORIZE FIRST AMERICAN TO OPEN AN INTEREST BEARING ACCOUNT AT NORTH AMERICAN'S DEPOSITORY BANK, AND TO CHARGE THE ADDITIONAL FEE FOR THIS SERVICE. DATE: 3~3/~(9 j Page 1 of 6 c2005 First American Title Insurance Company City of Vernon, a body , corporate an politic BY: Jeff A. rri ,City Attorne *Please note that t is interest rate is only an example and North American does not guaranty the availability of any specific rate. Form W'9 Request for Taxpayer Give form to the (Rev.October2007) Identification Number and Certification requester' Do "ot send to the IRS. Department of the Treasury Internal Revenue Service Name (as shown on your Income tax return) CITY OF VERNON, a body corporate and politic N Business name, If different from above S, ~ Check appropriate box: ~ Individual/Sole proprietor ~ Corporation ~ Partnership Limited liability company. Enter the tax classlFlcatlon (D=disregarded entity, C=corporation, P=partnership) - - - ~ Exempt ° ~ 0 Other (see Instructions) ? paY~ a ~ Address (number, street, and apt. or suite no.) Requester's name and address (optional) 4305 Santa Fe Avenue ~ City, state, and ZIP code Vernon, CA 90058 List account number(s) here (optional) Escrow No. -TD Tax a er Identification Number TIN Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid Social securi number backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to geta TINon or page 3. Em toyer identification number Note: If the account is in more than one name, see the chap on page 4 for guidelines on whose 9 ~ 5 16 I 0 I 0 I 0 18 I 0 I $ number to enter. TI Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding'because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured properly, cancellation of debt, contributions to an"individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the instructions on page 4. Sign Signature of /I ' Here U.S. person ? (J~ Date ? 3 3 / ~ 9 General Instruction Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: Section references are to the Inte al Revenue Code unless otherwise noted. • An individual who is a U.S. citizen or U.S. resident alien, PUrppSe.Of FOr111 • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for • Any estate (other than a foreign estate), or example, income paid to you, real estate transactions, mortgage • q domestic trust (as defined in Regulations section 301.7701-7). .interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Special rules for partnership. Partnerships that conduct a trade or business in the United States are generally required to pay a Use Form. W-9 only if you are a U.S. person (including a resident withholding tax on any foreign partners' share of income from such alien), to rovide your correct TIN to the person requesting it (the business. Further, in certain cases where a Form W-9 has not been requester and, when applicable, to: received, a partnership is required to presume that a partner is a foreign 1. Certify that the TIN you are giving is correct (or you are waiting person, and pay the withholding tax. Therefore, if you are a U.S. person for a number to be issued), ~ that is a partner in a partnership conducting a trade or business in the 2. Certify that you are not subject to backup withholding, or United States, provide Form W-9 to the partnership to establish your 3. Claim exemption from backup withholding if you are a U.S. U.S. status and avoid withholding on your share of partnership income. exempt payee. if applicable, you are also certifying that as a U.S. The person who gives Form W-9 to the partnership for purposes of person, your allocable share of any partnership income from a U.S. establishing its U.S. status and avoiding withholding on its allocable trade or business is not subject to the withholding tax on foreign ~ ~ share of net Income from the partnership conducting a trade or business partners share of effectively connected income. in the United States is in the following cases: Note: If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar • The U.S. owner of a disregarded entity and not the entity, to this Form W-9. Cat. No. 10231X Form W-9 (Rev. >.0-2000 Form W-9 (Rev.30-2007) _ Pa e 2 • The U.S. grantor or other owner of a grantor'trust and not the trust, 4. The IRS tells you that you are subject to backup withholding and because you did not report all your interest and dividends on your • The U.S. trust (other than a grantor trust) and not the beneficiaries tax return (for reportable interest and dividends only), or of the trust. 5. You do not certify to the requester that you are not subject Foreign person. If you are a foreign person, do not use Form W-9. to backup withholding under 4 above (for reportable interest and Instead, use the appropriate Form W-8 (see Publication 515, dividend accounts opened after 1983 only). Withholding of Tax on Nonresident Aliens and Foreign Entities). Certain payees and payments are exempt from backup Nonresident alien who becomes a resident alien. Generally, withholding. See the instructions below and the separate Instructions only a nonresident alien individual may use the terms of a tax treaty for the Requester of Form W-9. to reduce or eliminate U.S; tax on certain .types of income. Also see Specia/ru/esregardingpartnershipson page 1. However, most tax treaties contain a'provision known as a "saving clause." Exceptions specified in the saving clause may permit an PenaltleS exemption from tax to continue for certain types of income even after Failure to furnish TIN. If you fail to furnish your correct TIN to a the payee has otherwise become a U.S, re_ sident alien for tax re uester ou are sub ect to a enal of 50 for each such failure purposes. q . Y j P h' $ If you are a U.S. resident alien who is relying on an exception unless your failure is due to reasonable cause and not to willful contained in the saving clause of a tax treaty to claim an exemption neglect. from U.S. tax on certain types of income, you must attach a statement Civil penalty for false information with respect to withholding. to Form W-9 that specifies the following five items: If you make a false statement with no reasonable basis that results in i. The treaty country. Generally, this must be the same treaty no backup withholding, you are subject to a $500 penalty. under which you claimed exemption from tax as a nonresident alien. Criminal penalty for falsifying information. Willfully falsifying 2. The treaty article addressing the income. certifications or affirmations may subject you to criminal penalties 3. The article number (or location) in the tax treaty that contains including fines and/or imprisonment. the saving clause and its exceptions. Misuse of TINS. If the requester discloses or uses TINS in violation of 4. The type and amount of income that qualifies for the exemption federal law, the requester may be subject to civil and criminal from tax. penalties. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Specific Instructions Examp/e, Article 20 of the U.S. -China income tax treaty allows an Name exemption from tax for scholarship income received by a Chinese If you are an individual, you must generally enter the name shown on student temporarily present in the United States. Under U.S. law, this your social income tax return. However, if you have changed your fast student will become a resident alien for tax purposes if his or her stay name, for instance, due to marriage without informing the Social in the United States exceeds 5 calendar years. However, paragraph 2 Security Administration of the name change; enter your first name, the of the first Protocol to the U.S. -China treaty (dated April 30, 1984) last. name shown on your social security card, and-your new last name. allows the provisions of Article 20 to continue to apply even after the . If the account is in joint names, list first, and then circle, the name Chinese student becomes a resident alien of the United States. A of the person or entity whose number you entered in Part I of the Chinese student who qualifies for this exception (under paragraph 2 of form. the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income Sole proprietor. Enter your individual name as shown on your would attach to Form W-9 a statement that. includes the information income tax return on the "Name" line. You may enter your business, described above to support that exemption. trade, or "doing business as (DBA)" name on the "Business name" line. If you are a nonresident alien or a foreign entity not subject to Limited liability company (LLC). Check the "Limited liability backup withholding, give the requester the appropriate completed company" box only and enter the appropriate code for the tax Form W-8. classification ("D" for disregarded entity, "C" for corporation, "P" for partnership) in the space provided. What is backup withholding? Persons making certain payments For asingle-member LLC (including a foreign LLC with a domestic to you must under certain conditions withhold and pay to the IRS 28% owner) that is disregarded as an entity separate from its owner under of such payments. This is called "backup withholding." Payments that Regulations section 301.7701-3, enter the owner's name on the may be subject to backup withholding include interest, tax-exempt "Name" line. Enter the LLC's name on the "Business name" line. interest, dividends, broker and barter exchange transactions, rents, For an LLC classified as a partnership or a corporation; enter the royalties, nonemployee pay, and certain payments from fishing boat LLC's name on .the "Name" line and any business, trade, or DBA name operators. Real estate transactions are not subject to backup on the "Business name" line. withholding. Other entities. Enter your business name as shown on required You will not be subject to backup withholding on payments you federal tax documents on the "Name" line. This name should match receive if you give the requester your correct TIN, make the proper the name shown on the charter or other legal document creating the certifications, and report all your taxable interest and dividends on entity. You may enter any business, trade, or DBA name on the your tax return. "Business name" line. Note: You are requested to check the appropriate box for your status Payments you receive will be subject to backup withholding (individual/sole proprietor, corporation, etc.). if: ' Exempt Payee 1. You do not furnish your TIN to the requester, If you are exempt from backup withholding, enter your name as 2. You do not certify your TIN when required (see the Part II described above and check the a ro ria y , Instructions on page 3 for details), pp p ' to box for our status then check the Exempt payee box in the line following the 3. The IRS tells the requester that you furnished an incorrect business name, sign and date the form. TIN, Form W-9 (Rev. 10-2007) Pa e 3 Generally, Individuals (including sole proprietors) are not exempt from part I. Taxpayer Identification Number (TIN) backup withholding. Corporations are exempt from backup withholding for certain payments, such as interest and dividends. Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is Note. If you are exempt from backup withholding, you should still your IRS individual taxpayer identification number (ITIN). Enter it in complete this form to avoid possible erroneous backup withholding. the social security number box. If you do not have an ITIN, see -How to get a TIN below. The following payees are exempt from backup withholding: If you are a sole proprietor and you have an EIN, you may enter 1. An organization exempt from tax under section 501(a), any either your SSN or EIN. However, the IRS prefers that you use your IRA, or a custodial account under section 403(b)(7) if the account SSN. satisfies the requirements of section 401(f)(2), If you are asingle-member LLC that Is disregarded as an entity 2. The United States or any of its agencies or instrumentalities, separate from its owner (see Limited /iabi/ity company (LLC) on page 3. A state, the District of Columbia, a possession of the United 2), enter the owner's SSN (or EIN, if the owner has one). Do not enter States, or any of their political subdivisions or instrumentalities, the disregarded entity's EIN. If the LLC is classified as a corporation or 4. A foreign government or any of its political subdivisions, partnership, enter the entity's EIN. agencies, or instrumentalities, or Note. See the chart on page 4 for further clarification of name and TIN 5. An international organization or-any of itsagencies or combinations. instrumentalities. How to get a TIN..If you do not have a TIN, apply for one Other payees that may be exempt from backup withholding immediately. To apply for an SSN, get Form SS-5, Application for a include: Social Security Card, from your local Social Security Administration 6. A corporation, office or get this form online at www.ssa.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS 7. A foreign central bank of issue, Individual Taxpayer Identification Number, to apply for an ITIN, or 8. A dealer in securities or commodities required to register in Form SS-4, Application for Employer Identification Number, to apply for the United States, the District of Columbia, or a possession of the an EIN. You can apply for an EIN online by accessing the IRS website United States, at www.irsgo~/businesses and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Forms W-7 and 9. A futures commission merchant registered with the SS-4 from the IRS by visiting www.irsgov or by calling 1-800-TAX- Commodity Futures Trading Commission, FORM (1-800-829-3676). 10. Areal estate investment trust, If you are asked to complete Form W-9 but do not have a TIN, 11. An entity registered at all times during the tax year under write "Applied For" in the space for the TIN, sign and date the form, the Investment Company Act of 1940, and give it to the requester. For interest and dividend payments, and 12. A Common trust fund operated by a bank under section certain payments made with respect to readily tradable instruments, 584(a), generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. 13. A financial institution, The 60-day rule does not apply to other types of payments. You will 14. A middleman known in the investment community as a be subject to backup withholding on all such payments until you . nominee or custodian, or provide your TIN to the requester. 15. A trust exempt from tax under section 664 or described in Note. Entering "Applied For" means that you have already applied for section 4947. a TIN or that you intend to apply for one soon. The chart below shows types of payments that may be exempt Caution: A disregarded domestic entity that has a foreign owner must from backup withholding. The chart applies to the exempt payees use the appropriate Form W-8. listed above, 1 through 15. part II. Certification IF the payment is for THEN .the payment is exempt To establish to the withholding agent that you are a U.S. person, or for resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if items 1, 4, and 5 below indicate otherwise. Interest and dividend payments All exempt payees except for 9 For a joint account, only the person whose TIN is shown in Part I Broker transactions Exempt payees 1 through 13. should sign (when required). Exempt payees, see Exempt Payee on Also, a person registered under page 2. the Investment Advisers Act of Signature requirements. Complete the certification as indicated in 1 1940 who regularly acts as a through 5 below. broker 1: Interest, dividend, and barter exchange accounts Barter exchange transactions and Exempt recipients 1 through 5 opened before 1984 and' broker accounts considered active patronage dividends during 1983. You must give your correct TIN, but you do not have to sign the certification. Payments over $600 required to Generally, exempt payees 1 2. Interest, dividend, broker, and barter exchange be reported and direct sales over through 7 Z accounts opened after 1983 and broker accounts considered 5 000 1 inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and 1 See Form 1099- MISC, Miscellaneous Income, and Its Instructions. you are merely providing your correct TIN to the requester, you must Z However, the following payments made to a corporation (including gross proceeds cross out item 2 in the certification before signing the form. paid to an attorney under section 6045(f), even If the attorney is a corporation) and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys'. fees, and payments for services paid by a federal executive agency, Form W-9 (Rev.10-2007) LL Pa e 4 3. Real estate transactions. You must sign the certification. You SeCUre YOUr T8X KeCOrdS 1'rOm identity Tne1t may cross out item 2 of the certification. Identity theft occurs when someone uses your personal information such as 4. Other payments. You must give your correct TIN, but you do your name, social security number (SSN), or other identifying Information, not have to sign the certification unless you have been notified that you have without your permission, to commit fraud or other crimes. An identity thief previously given an incorrect TIN. "Other payments" include payments made may use your SSN to get a job or may file a tax return using your SSN to in the course of the requester's trade or business for rents, royalties, goods receive a refund. (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, To reduce your risk: payments to certain fishing boat crew members and fishermen, and gross • Protect your SSN, proceeds paid to attorneys (including payments to corporations). • Ensure your employer is protecting your SSN, and 5. Mortgage interest paid by you, acquisition or • Be careful when choosing a tax preparer. abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Call the IRS at 1-800-829-1040 if you think your identity has been used Archer MSA or HSA contributions or distributions, and pension inappropriately for tax purposes. distributions. You must give your correct TIN, but you do not have to sign the certification. Victims of identity theft who are experiencing economic harm or a system problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Wnat name and NUlmner t0 C~IVe the Ke UeStter Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059. For this a of account: Give name and SSN of: Protect yourself from suspicious emails or phishing schemes. 1. Individual The Individual Phishing is the creation and use of email and websites designed to mimic 2. Two or more Individuals (joint The actual-owner of the account or, if legitimate business emails and websites. The most common act is sending account) combined funds, the first individual on an email to a user falsely claiming to be an established legitimate enterprise the account 1 in an attempt to scam the user into surrendering private information that 3. Custodian account of a minor The minor Z will be used for Identity theft. (Uniform Gift to Minors Act) 4. a. The usual revocable savings The grantor-trustee' The IRS does not initiate. contacts with taxpayers via emails. Also, the trust (grantor is also trustee) IRS does not request personal detailed information through email or ask b. So-called trust account that The actual owner 1 taxpayers for the PIN numbers, passwords, or similar secret access is not a legal or valid trust information for their credit card, bank, or other financial accounts. under state law 5. Sole proprietorship or The owner 3 If you receive an unsolicited email claiming to be from the IRS, forward disregarded entity owned by an this message to phishingC~irsgou. You may also report misuse of the IRS individual name, logo, or other IRS personal property to the Treasury Inspector General for Tax Administration at 1-800-366-4484. You can forward For this type of account: Give name and EIN of: suspicious emails to the Federal Trade Commission at: spamCa~uce.gov or contact them at www.consumergov/idtheftor 1-877-IDTHEFT(438-4338). 6. Disregarded entity not owned The owner by an Individual Visit the IRS website at www.irs.govto learn more about 7. A valid trust, estate, or pension Legal entity 4 identity theft and how to reduce your risk. trust 8. Corporate or LLC electing The corporation corporate status on Form 8832 9. Association, club, religious, The organization charitable, educational, or other tax-exempt organization 10. Partnership ormulti-member The partnership LLC 11. A broker or registered nominee The broker or nominee 12. Account with the Department of The public entity Agriculture In the name of a public entity (such as a state or local government, school district, or prison) that receives a rlcultural ro ram a ments `list first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person's number must be furnished. zCircle the minor's name and furnish the minor's SSN. 'You must show your individual name and you may also enter your business or "DBA" name on the second name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. List first and circle the name of the legal trust, estate, or pension trust. (Do not furnish the TIN of the personal represenkatlve or trustee unless the legal entity itself Is not designated in the account title.) Also see Specia/ru/esregardingpartnershipson page 1, Note. If no' name is circled when more than one name is listed, the number will be considered to be that of the first name listed. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons who must file information returns with the IRS to report interest, dividends, and certain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA or Archer MSA or HSA. The IRS uses the numbers for identification purposes and to help verify the accuracy of your tax return. The IRS may also provide this information to the Department of Justice for civil. and criminal litigation, and to cities, states, and the District of Columbia, and U.S. possessions to carry out their tax laws. 'We may also disclose this information to other countries under a tax treaty, to federal and state agencies to enforce federal nontax criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file. a tax return. Payers must generally withhold 28% of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to a payer. Certain penalties may also apply. ~ ~ ~ ~ ~ ~~I~~ ~1~~'''~I BUT t`L i~.;• ~ ~ i.r s~ i ; ~ ~ ~ ~ y ~r . 43Q5 Sani~a Fie Avenue, Vernon, Califon;u~ 9~(~;5~. Telephone (323) 583--831:1, ~ ~ ~J ~ 3~ March 26, 2009 I~ Owens-Brockway Glass Container Inc. c/o Sandra Slon, Esq. Troy & Gould 1801 Century Park East,. Suite 1600. -Los Angeles, CA 90067-236.7 Re: Real Estate Purchase Agreeme Addendum, and Escrow Instructions - Owens-Brockw y Glass Container Inc. - Property Located at'the S theast Corner. of 50th Street and Soto Street Dear Ms. Slon: Transmitted herewith a .the fully executed purchase documents, .referenced above. Sa'd agreement was approved by City Council on March 23, 2009, rough Resolution No. 9897. If you have any estions regarding this matter; please call Mr. Jeff Harrison, (323) .583-8811 ext. 173. Very truly y rs, Nelly G'ron City C~ erk NG:km c: Resolution No. 9897 Agreement File No. 09-048 F..~cCusiveCy Industr~ia,C f f 4 . 1~ i `I ~ ~ - ELF I.I'1 OFFICE OF THE CITY ATTORNEY Jeff A. Harrison, City Attorney 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 Fax. (323)-826-1438 March 26, 2.009 VIA U.S. Mail Ms. Tina DeBow Senior Advisory Escrow Officer North American Title Company 101 N. Brand Blvd., Suite 1800 Glendale, CA 91203 Re: O.E. Clark - 2716 Leonis Blvd., Vernon, California Escrow No. 907609-TD O.E. Clark --2724 Leonis Blvd., Vernon, California Escrow No. 907638-TD Owens-Brockway - 51.20 S. Soto St., Vernon, California Escrow No. 233571-TD Dear Tina: Enclosed please find the sigr_ed Natural Hazard Disclosure Statement and Acknowledgement of Receipt for each of the above-' referenced escrows. If you have any questions, please do not hesitate to contact me. Sincere , A. Harri-son ity Attorney JH:jl Enclosures cc: Nelly Giron, City Clerk (Resolution Nos. 9861 and 9897) E.xcCusiveCy IndustriaC ,y,~ FANHD Commercial Property Disclosure Reports The Natural.Hazard Disclosure Report For LOS ANGELES COUNTY ~r~~~~~ Property Address: 2716 LEONIS BLVD , APN: 6308-002-011 VERNON, LOS ANGELES COUNTY, CA Report Date: 03/03/2009 ("Property") Report Number: 473764 Natural Hazard Disclosure Statement , The transferor and his or her agent(s) disclose the following information with the knowledge that even though this is not a warranty, prospective transferees may rely on this information in deciding whether and on what terms to purchase the Property: Transferor hereby authorizes any agent(s) representing any principal(s) in this action to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the Property. The following are representations made by the transferor and his or her agent(s) based on their knowledge and maps drawn by the State. 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): ' A SPECIAL FLOOD HAZARD AREA (Any type Zone "A" or "V")designated by the Federal Emergency Management Agency. Yes No X Do not know and information not available from local jurisdiction AN AREA OF POTENTIAL FLOODING shown on a dam failure inundation map pursuant to Section 8589.5 of the Government Code. Yes X No Do not know and information not available from local jurisdiction A VERY HIGH FIRE HAZARD SEVERITY ZONE pursuant to Section 51178 or 51179 of the Government Code. The owner of this Property is subject to the maintenance requirements of Section 51182 of the Government Code. Yes No X A WILDLAND AREA THAT MAY CONTAIN SUBSTANTIAL FOREST FIRE RISK AND HAZARDS pursuant to Section 4125 of the Public Resources Code. The owner of this Property is subject to the maintenance requirements of Sectiori 4291 of the Public Resources Code. Additionally, it is not the state's responsibility to provide fire protection services to any building or structure located within the wildlands unless the Department of Forestry and Fire Protection has entered into a cooperative agreement with a local agency for those purposes pursuant to Section 4142 of the Public Resources Code. Yes No X AN EARTHQUAKE FAULT ZONE pursuant to Section 2622 of the Public Resources Code. Yes. No X A SEISMIC HAZARD ZONE pursuant to Section 2696 of the Public Resources Code.. Yes (Landslide Zone) _ Yes (Liquefaction Zone) X No T Map not yet 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. TRANSFEREE(S) AND TRANSFEROR(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE REGARDING THOSE HAZARDS AND OTHER HAZARDS THAT MAY AFFECT THE PROPERTY. Signature of Transferor (Seller) Date Signature of Transferor (Seller) Date. Signature of Agent Date Signature of Agent Date Check only one of the following: Q Transferor(s) and their agent(s) represent that the information herein is true and correct to the best of their knowledge as of the date signed by the transferor(s) and agent(s). , nX Transferor(s) and their agent(s) acknowledge that they have exercised good faith in the selection of a third-party report provider, and that the representations made in this Natural Hazard Disclosure Statement are-based upon information provided by the independent third-party disclosure provider as a substituted disclosure. Neither transferor(s) nor their agent(s) (1) has independently verified the information contained in this statement and Report or (2) is personally aware of any errors or inaccuracies in the information contained on he statement: This statement was prepared by the provider below: Third-Party Disclosure Provider(s) Date 03/03/200.9 Rept. No. 473764 Greg Rufe, Chief Operating Officer FirstAmerican Real Estate Disclosures, LLC' Transferee represents that he/she has read and understands this document. I (We)-also have read and understand the added local hazard, airport, military ordnance, BCDC disclosure, as well as the mold, radon, meth lab, and en ngered species advisories and the map cover page contained in this Report. The representations made in this Natural Hazard Disclosure State ent do n/~ot co s.itute all of the transferor's or agent's disclosu2re o lig//atio in this transaction. Signature of Transferee(s) Date / Zy Q Signature of Transferee(s) Date ADDITIONAL SIGNATURE REQUIRED: SEE "ACKNOWLEDGEMENT O RECEIPTS NEXT PAGE Page 1 of 25 ©2008 -First American Real Estate Disclosures, LLC - 200 Commerce Irvine, CA 92602 Phone: (800) 527 0027 Fax: (800) 854 9625 i d ~ ~fsla'~lFJffK'tlt~ ~[f13~~ ~,~~(~,U1SC~st7t+4B Property Address: 2716 LEONIS BLVD , APN: 6308-002-011 VERNON, -LOS ANGELES COUNTY, CA Report Date: 03/03/2009 ("Properly") Report Number: 473764 I hereby acknowledge the receipt of the following Disclosures and Advisories:. Natural. Hazard Report Disclosures and Advisories (Signature Required on the fVHDS Form -See preceding page) ? State Level Natural Hazard Disclosures (NHDS Form) ? Mold Advisory ? Local City and County Level Natural Hazard Disclosures (where applicable) ? Radon Advisory ? Military Ordnance Disclosure ? Endangered Species Act Advisory ? Airport Influence Area /Airport Noise Disclosure ? Abandoned Mines Advisory Methamphetamine Contaminated Property Disclosure Advisory ? Oil & Gas Well Advisory Transferor (Seller, Date Transferor (Seller) Date 3 zG 0 Tr ree ( er) Date Transferee (Buyer) Date Agent Date Agent Date Page 2 of 25 ©2008 -First American Real Estate Disclosures, LLC - 200 Commerce Irvine, CA 92602 Phone: (800) 527 0027 Fax: (800) 854 9625 ~9,. z~ FANHD Commercial Property Disclosure Reports The Natural Hazard Disclosure Report For LOS ANGELES COUNTY 1?;eer1.~7rr~tAlsrlhsrrnes Property Address: 2724 LEONIS BLVD , APN: 6308-002-010 VERNON, LOS ANGELES COUNTY, CA Report Date: 03/03/2009 ("Property") Report Number: 473765 Natural Hazard Disclosure Statement The transferor and his or her agent(s) disclose the following information with the knowledge that even though this is not a warranty, prospective transferees may rely on this information in deciding whether and on what terms to purchase the Property. Transferor hereby authorizes any agent(s) representing any principal(s) in this action to provide a copy of this statement to any person. or entity in connection with any actual or anticipated sale of the Property. The following are representations made by the transferor and his or her agent(s) based on their knowledge and maps drawn by the State. 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): A SPECIAL FLOOD HAZARD AREA (Any type Zone "A" or "V")designated by the Federal Emergency Management Agency. Yes No X Do not know and information not available from local jurisdiction AN AREA OF POTENTIAL FLOODING shown on a dam failure inundation map pursuant to Section 8589.5 of the Government Code. Yes X No Do not know and information not available from local jurisdiction A VERY HIGH FIRE HAZARD SEVERITY ZONE pursuant to Section 51178 or 51179 of the Government Code. The owner of this Property is subject io the maintenance requirements of Section 51182 of the Government Code. Yes No X A WILDLAND AREA THAT MAY CONTAIN SUBSTANTIAL FOREST FIRE RISK AND HAZARDS pursuant to Section 4125 of the Public Resources Code. The owner of this Property is subject to the maintenance requirements of Section 4291 of the Public Resources Code. Additionally, it is not the state's responsibility to provide fire protection services to any building or structure located within the wildlands unless the Department of Forestry and Fire Protection has entered into a cooperative agreement with a local agency for those purposes pursuant to Section 4142 of the Public Resources Code. Yes No X AN EARTHQUAKE FAULT ZONE pursuant to Section 2622 of the Public Resources Code. Yes No X A SEISMIC HAZARD ZONE pursuanYto Section 2696 of the Public Resources Code. Yes (Landslide Zone) _ Yes (Liquefaction Zone) No, Map not yet 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. TRANSFEREE(S) AND TRANSFEROR(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE REGARDING THOSE HAZARDS AND OTHER HAZARDS THAT MAY AFFECT THE PROPERTY. Signature of Transferor (Seller) Date Signature of Transferor (Seller) Date Signature of Agent Date Signature of Agent Date Check only one of the following: Transferor(s) and their agent(s) represent that the information herein is true and correct to the best of their knowledge as of the date signed by the transferor(s) and agent(s). QX Transferor(s) and their agent(s) acknowledge that they have exercised- good faith in the selection of a third-party report provider, and that the representations made in this Natural Hazard Disclosure Statement are based upon. information .provided by the independent third-party disclosure provider as a substituted disclosure. Neither transferor(s) nor their agent(s) (1) has independently verified the information contained in this statement and Report or (2) is personally aware of any errors or inaccuracies in the information contained on he statement. This statement was prepared by the provider below: Third-Party Disclosure Provider(s) Date 03/03/20Q9 Rept. No. 473765 Greg Rufe, Chief Operating Officer First American Real Estate Disclosures, LLC Transferee represents that he/she has read and understands this document. I (We) also have read and understand the added local hazard, airport, military ordnance, BCDC disclosure, as well as the mold, radon, meth lab, and dangered species advisories and the map cover page contained in this Report. The representations made in this Natural Hazard Disclosure Stat nt d~o spnot of stitute all of the transferor's or agent's disclosure bligations in this transaction. Signature of Transferee(s) v~ Date .l ~ 9 Signature of Transferee(s) Date ADDITIONAL SIGNATURE REQUIRED: SEE "ACKNOWLEDGEMENT OFRECEIPT"-NEXT PAGE Page 1 of 25 ©2008 -First American Real Estate Disclosures, LLC - 200 Commerce Irvine, CA 92602 Phone: (800) 527 0027 Fax: (800)-854 9625 3 CLD~EET ~F RECEIPT Property Address: 2724 LEONIS BLVD , APN: 6308-002-010 VERNON, LOS ANGELES COUNTY, CA -Report Date: 03/03/2009 ("Property") Report Number: 473765 I hereby acknowledge the receipt of the following Disclosures and Advisories: Natural Hazard Report Disclosures and Advisories (Signature Required on the NHDS form -See preceding.page) ? State Level Natural Hazard Disclosures (NHDS Form) ? Mold Advisory ? Local City and County Level Natural Hazard Disclosures (where applicable) ? Radon Advisory ? Military Ordnance Disclosure ? Endangered Species Act Advisory ? Airport Influence Area /Airport Noise Disclosure ? ,Abandoned Mines Advisory ? Methamphetamine Contaminated Property Disclosure Advisory ? Oil & Gas Well Advisory Transferor (Se er) Date Transferor (Seller) Date ~ zG O Tr re uyer) Date Transferee (Buyer) Date Agent Date Agent Date Page 2 of 25 ©2008 -First American Real Estate Disclosures, LLC - 200 Commerce Irvine, CA 92602 Phone: (800) 527 0027 Fax: (800) 854 9625 JCP-LGS Commercial Property Disclosure Reports ~is~8~~~or+~.~~?~~ The Natural Hazard Disclosure Report For LOS ANGELES COUNTY .Property Address: 5120 S SOTO ST , APN: 6303-029-015. VERNON, LOS ANGELES COUNTY, CA Report Date: 03/25/2009 ("Property") Report Number: 495239 Natural Hazard Disclosure Statement The transferor and his or her agent(s) disclose the following information with the knowledge that even though this is not a warranty, prospective transferees may rely on this information in deciding whether and on what terms to purchase the Property. Transferor hereby authorizes any agent(s) representing any principal(s) in this action to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the Property. The following are representations made by the transferor and his or her agent(s) based on their knowledge and maps drawn. by the Siate. 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): A SPECIAL FLOOD HAZARD AREA (Any type Zone "A" or "V")designated by the Federal Emergency Management Agency. Yes No X Do not know and information not available from local-jurisdiction AN AREA OF POTENTIAL FLOODING shown on a dam failure inundation map pursuant to Section 8589.5 of the Government Code. Yes X No Do not know and information not available from local jurisdiction A VERY HIGH FIRE HAZARD SEVERITY ZONE pursuant to Section 51178 or 51179 of the Government Code. The owner of this Property is subject to the maintenance requirements of Section 51182 of the Government Code. Yes No X A WILDLAND AREA THAT MAY CONTAIN SUBSTANTIAL FOREST FIRE RISK AND HAZARDS pursuant io Section 4125 of the Public Resources Code. The owner of this Property is subject to the maintenance requirements of Section 4291 of the Public Resources Code. Additionally, it is not the state's responsibility to provide fire protection. services to any building or structure located within the wildlands unless the Department of Forestry and Fire Protection has entered into a cooperative agreement with a local agency for those purposes pursuant to Section 4142 of the Public Resources Code. Yes No X AN EARTHQUAKE FAULT ZONE pursuant to Section 2622 of the Public Resources Code. Yes No X A SEISMIC HAZARD ZONE pursuant to Section 2696 of the Public Resources Code. Yes (Landslide Zone) _ Yes (Liquefaction Zone) X No _ Map not yet 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.-TRANSFEREE(S) AND.TRANSFEROR(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE REGARDING THOSE HAZARDS AND OTHER HAZARDS THAT MAY AFFECT THE PROPERTY. Signature of Transferor (Seller) Date Signature of Transferor (Seller) Date Signature of Agent Date Signature of Agent Date Check only one of the following: Transferor(s) and their agent(s) represent that the information herein. is true and correct to the best of their knowledge as of the date signed by the transferor(s) and agent(s). Transferor(s) and their agent(s) acknowledge that they have exercised good faith in the selection of a third-party report provider, and that the representations made in this Natural Hazard Disclosure Statement are based upon information provided by the independent third-party disclosure provider as a substituted disclosure. Neither transferor(s) nor their agent(s) (1) has independently verified the information contained in this statement and Report or (2) is personally aware of any errors or inaccuracies in the information contained on he statement. This statement was prepared by the provider below: Third-Party Disclosure Provider(s) / Date 03/25/2009 Rept. No. 495239 Greg Rufe, Chief Operating Officer JCP-LGS Disclosure Reports Transferee represents that he/she has read and understands this .document. I (We) also have read and understand the added local hazard, airport, military ordnance, BCDC disclosure, as well as the mold, radon, meth lab, and a angered species advisories and the map-cover page contained in this Report.. The representations made in this Natural Hazard Disclosure Stat ent do not titute all of the transferor s or agent's disclosure bligati ns in this transaction. Signature of Transferee(s) Date 3 Z t~ Signature of Transferee(s) Date ADDITIONAL SIGNATURE REQUIRED: SEE "ACKNOWLEDGEMENT OF RECEIPT"-NEXT PAGE Page 1 of 25 ©2008 -JCP-LGS Property Disclosure Reports - 200 Commerce Irvine, CA 92602 Phone: (800) 748 5233 Fax: (800) 329 9527 Property Address: 5120 S SOTO ST , APN: 6303-029-015 VERNON, LOS ANGELES COUNTY, CA Report Date: 03/25/2009 ("Property") Report Number: 495239 I hereby acknowledge the receipt of the following Disclosures and Advisories: Natural Hazard Report Disclosures and Advisories (Signature .Required on the NHDS Form -See preceding page) ? State Level Natural Hazard Disclosures (NHDS Form) ? Mold Advisory ? Local City and County Level Natural Hazard Disclosures (where applicable). ? Radon Advisory ? Military Ordnance Disclosure Endangered Species Act Advisory ? Airport Influence Area /Airport Noise Disclosure ? Abandoned Mines Advisory ? Methamphetamine Contaminated Property Disclosure Advisory ? Oil & Gas Well Advisory Transferor (Belle Date Transferor (Seller) Date 3 L~ 0 9 Tra ee ( r) Da a Transferee: (Buyer) Date Agent pate Agent Date Page 2 of 25 ©2008 - JCP-LGS Property Disclosure Reports - 200 Commerce Irvine, CA 92602 Phone: (800) 748 5233 Fax: (800) 329 9527- ~ vEq~ ~o~y iii. 7 Q V ~ , .~'1. MF R~~. ~P F¢ 4 t s YF'lY IIi~V CITY ATTORNEY'S OFFICE INTER-DEPARTMENT MEMORANDUM DATE: June 17, 2009 TO: Nelly Girori, City Clerk .FROM:. Jeff A. Harrison; City Attorney RE: Owens-Brockway Glass Container, Inc. - 50`'' Street and Soto APN: 6303-029-015 Attached please find for your retention the following recorded documents regarding the above- referenced matter: 1. Quitclaim Deed recorded on May 19, 2009. 2. .Corrected Covenant and Agreement recorded on May 18, 2009. 3. Termination of Covenants and Agreements as to City Property recorded on May 18, 2009. 4. Easement Agreement recorded on May 18, 2009, 5. Grant Deed recorded on May 18, 2009. 6. Certificate of Compliance City of Vernon recorded on May 18, 2009. JH: em Enclosures (Resolution No. 9897) ao~~ . ~ G20090735091 ,.,..9 ~ IIIIVIIIIIIIIIIAIIIIIIIIIIIIIVIIV~IIIIIIIIIIIIIIINIIII~ 'gas CITY ATiOPNCY DEPT. "N°,e. o,^y i.. cw~~rv. u~+ I VIII VIII I ICI VIII I II IVII IVII VIII I II ICI I IVI I II I IIVI VIII INII ICI IIV iomnmumauiiiii~mm umu~umuniioioiuiiiimiii~~~ainiimuuimun ~ ium~mmiiinimmii~i~uuiiuiuiumumiimu ~ Recording requested by: North American Title Company 051192009 I When recorded mail to: ~ ~ City of Vernon ~2009p735091~ _i 4305 Santa Fe Avenue - Vernon, CA 90058 Attn: Jeff A. Harrison City Attorney Order No. 6022816-62 Escrow No. 233571-TD THE SPACE ABOVE IS FOR RECORDER'S USE TITLE(S) OF DOCUMENT QUITCLAIM DEED Portion of Assessors Identification Number (AIN): 6303-029-015 ~.,.v{ t~ RECORDING REQUESTED BY North American Title Company Order No. 6022816-62 Escrow No. 233571-TD WHEN RECORDED MAIL TO: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attn: Jeff A. Harrison, City Attorney MAIL TAX STATEMENTS TO: Exempt THE SPACE ABOVE IS FOR RECORDER'S USE QUITCLAIM DEED Portion of APN: 6303-029-015 DOCUMENTARY TRANSFER TAX IS NONE -NOT REQUIRED SEC. 11922 REVENUE TAXATION CODE. FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, Owens-Brockway Glass Container Inc., a Delaware corporation (the "Grantor") HEREBY DEMISES, RELEASES AND QUITCLAIMS TO: City of Vernon, a body corporate and politic (the "Grantee") The following described real property, located at the southeast corner of 50t1i Street and Soto Street, in the City of Vernon, County of Los Angeles, State of California: The legal description is attached hereto, marked Exhibit "A-1" and by this reference incorporated herein and made a part hereof.. The purpose of this Quitclaim Deed is to release and extinguish any and all rights Grantor has in and to; (a) the party wall easement reserved in the grant deed recorded on December 1, 1947, as Instrument No. 1103 of Official Records; (b) the railroad sidetrack easement reserved in the grant deed recorded on December 1, 1947, as Instrument No. 1103 of Official Records; and (c) the pipe line easement conveyed by grant of easement recorded on February 10, 1948, as Instrument No. 3169 of Official Records.. DOCUMENTARYTRAI\SFER TA.. ~ COMPUTEi7 ON FULL VALUE OF PROPERTY CONVEYED ®OR COtv~PUTED OF i-ULL VALUE LESS LIENS AND 01910/0053 188729.1 ENCUhuftANCEF, ~`L•1AINiNG Al" TIM't OF SALE. ~°a _G-- ,,.u-...~ - SI~~TURE OF-DEC NT OR AGENT DETERMININGTtll(. FIRM NAME ESCROW NO. 233571-TD ORDER.NU..ba~zsl~-6z PORTION OF AP'N: G.383-U29~Q1S The fvrerguing graat of.ireal pra~perty is subject to non-delinquez~# taa,es, aII essemeuts,, eoVenaxxts, Conditit~ns and restrictiton~s on reC'ord, and aII a#her matters ~f record affecting title tp sucb propel'ty. bate: ?~1a`I 1 1 , 2U~Q9~ cct+xl"d[1t03'" Qwens-Bnackway Giass Container Ine., ~a Delaware ~corporatian By: Name Printed: L. Richard Crawford Titie; Senior Vice President 0191070053 1 Bfl7Z9.1 ra,.~-~ ESCROW NO. 233571-TD ORDER NO. 6022816-62 PORTION OF APN: 6303-029-015 The foregoing grant of real property is subject to non-delinquent taxes, all easements, covenants, conditions and restrictions of record, and all other matters of record affecting title to such property. Date: , 2009 "Grantor" Owens-Brockway Glass Container Inc., a Delaware corporation By: Name Printed: Title: 01910/0053 188729.1 STATE OF OHIO ) SS: COUNTY OF WOOD ) The foregoing instrument was acknowledged before me this ~ ~ day of May, 2009, by L. Richard Crawford, a Senior Vice President of Owens-Brockway Glass Container Inc., a Delaware corporation, on behalf of the corporation. Notary u aap°°j0 ~~!/~P~ `tf~ P• C~lCa J. VAN H®~~~~ o * ( _ * = Attorney-at-Law ° ~`~My Comm spubl~$State~Alt~tion Qate ~T~ ~OF N~ . EXHIBIT "A-1" CITY .PARCEL Legal Description THAT 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, AND ALSO BEING A PORTION OF PARCEL 2 AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 191, PAGE 20 OF RECORDS OF SURVEY, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WITHIN THE FOLLOWING DESCRIBED PARCEL OF LAND: COMMENCING AT THE SOUTHWEST. CORNER OF SAID PARCEL 2, AS SHOWN ON SAID RECORD OF SURVEY, THENCE, NORTH 00°07'12" WEST, 14.00 FEET ALONG THE WEST LINE OF SAID PARCEL 2 TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE, SOUTH 89°58'55" EAST, 83.55 FEET; THENCE, NORTH 0°01'05" EAST, 14.33 FEET; THENCE, SOUTH 89°58'55" EAST, 29.19 FEET; THENCE, NORTH 0°0.1'05" EAST, 16.94 FEET; THENCE, SOUTH 89'58'55" EAST, 60.67 FEET; THENCE, SOUTH 0°01'05" WEST, 9.27 FEET; THENCE, SOUTH 89°58'55" EAST, 32.30 FEET; THENCE, SOUTH 0°01'05" WEST, 16.00 FEET; THENCE, SOUTH 89°58'55" EAST, 184.38 FEET; THENCE, NORTH 0°07'12" WEST, 2.68 FEET; THENCE, SOUTH 89°58'55" EAST, 11.00 FEET; THENCE, NORTH 00°07'12" WEST,. 116.73 FEET PARALLEL WITH THE WEST LINE OF SAID PARCEL 2; THENCE, EAST, 34.40 FEET; THENCE, NORTH 00°07'12" WEST, 161.15 FEET PARALLEL WITH THE WEST LINE OF SAID PARCEL 2, TO A POINT ON THE NORTH LINE OF SAID PARCEL 2; THENCE, WEST, 415:47 FEET ALONG THE NORTH LINE OF SAID PARCEL 2 TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 20.00 FEET; THENCE, SOUTHWESTERLY ALONG-SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°07'12", AN ARC LENGTH OF 31.46 FEET TO A POINT ON THE WEST LINE OF SAID PARCEL 2; THENCE, SOUTH 00°07'12" EAST, 266.39 FEET ALONG SAID WEST LINE TO THE TRUE POINT OF BEGINNING. Prepared by: t~~~9 LAND SG+P y vw L~~ Douglas Boy ton, PLS4787 ~ DOUGLAS A. BOYNTON ~ Dulin and Boynton * EXP. 30 SEP 10 729 E. Willow Street N~ Ls. a~a~ ti .Signal Hill, CA 90755 (562) 426-6464 9~~ of C ALt~o4' ~ i - % f EXHIBIT "A-2" CITY PARCEL Sketch to Accompan~egal Description EAST 50th STREET ' N 1981.41' ~T 475.51 457.73 387.70 ~ \ i I ~ 415.47 WEST -T 457.72' EAST ~ 387.70' EAST ~i ~ 40' 40' 1 A=90'0712" N - - w R=20.00 \ Q° in w L=31.46 0 `D o ° nn pp o ~ ~ ~ U"l~111Z1~~1.~ 3EAST ~ Z ~ ~ 1~L~11l-11~~L~ II ~ W pNj i 3 ~ ~ W~ ~ T.P.O.B. ° oZ r'? o 17' ROW OF LOS ANGELES ~ ~ o ° W ~ ~ `D o JUNCTION RAILWAY o M ~ W ~ N ,n L6 L8 ~ 184.38' ~ o~ BK4752/265 O.R. ~ Z ` Z I L2 J J J ~ S89'S8'S5"E ~ z ~ Q L11 ~ N89'S8'S5"W - 387.70 N89'58'55"W .1 S' P. O. C. 620.37 ~ ~ 889'58'55"E ~ ~1 - 6f®6~ T ~ N ~'58'5~5"W ~ 'i W Q° o O~_ o ~ PP o ~O u~ ~ ° z P° o ~ ~ m n D=89'51'43 rn N N R=20.00 N ! L=31.37 ` ~ 600.33' N89'58'55"W ~ - 660.28' N89'58'55"W ~ I % of 660.27' - - 660.27' 1980.81' N89'58 55°W FRUITLAND AVENUE ~0~4~ LINE TABLE LINE LENGTH BEARING P. I. Q. 1 16, 145 SQ. FT. 2. 666 AC. a 14. oo Noo° 07' l z• w Scale I 200' Lz Ba. ss se9° se' ss' E L3 14. 33 N00° O1' OS' E L4 z9. 19 889° 58' S5' E LS 16. 94 N00° O1' OS' E L6 60, 67 889° 58' S5' E NOTES: v 9. z7 soo°ol' os'w L8 32, 30 889° 58' S5' E L9 16, 00 800° O1' OS' W PARCELS I , 2, 3 AND 4 REFER TO RECORD. OF Llo z. 6B Noo°o7' lz'w SURVEY FILED IN BOOK 191 PAGE 20 OF RECORDS L11 11, oo se9•ss'ss•E OF SURVEY AS DOCUMENT NO. 04-258 1 1 49. LAND SGrP P.I.Q. IS "PROPERTY IN QUESTION" AS DESCRIBED IN y~ EXt11BIT "A- I " v ''4 a DOUGLAS A: YNTON ~ N.A.P, IS "NOT A PART" * (E~x EP 10 ~ .S. 4787 ~~'ti 1" O OF C ALt~ CERTIFICATE OF ACCEPTANC$ .This is to certify that the Quitclaim Deed dated May 11, 2009, from Owens-Brockway Glass. Container Inc., a Delaware corporation, for property located at the southeast corner of SOth Street and Soto Street, City of Vernon, County of Los Angeles, State of California (APN 6303-029- 015), is hereby accepted by the undersigned officer(s) on behalf of the City Council. of said City pursuant to authority conferred by Resolution No, .9897 of the City Council of said City adopted on March 23, 2009 and the City consents to the recordation thereof by its duly authorized officer(s). Date:. May 18, 2009 The City of Vernon Name: Hilario Gonzal " s Title: Mayor ATTEST: Manuela Giron, 'ty Clerk APPROVED TO FORM: Na Jef .Harrison Ti Cit Attorney n r---,~ ~ ~ \ t ~ ~,a ~ 20090727739 I~VIII ~ III III ~ lull ~ ~u~ ~ ~~II~ ~II~II ~ III ~II~~ III II ~~I~ ~~~II ~II~~ ~~IIII~ ~~I II~~~~VIIIVIII~O~ IIIIIIIII IIII~IIIIIIIIIIIIIIIIIII~I~III Iulllll'II~I~IIIIIV111119EIIIIII~IIIIIIIIIIIYIIIIIIIN I~I~IIIIII~~IIIIEIIBnIIIIIIIIIIIIIIII~I~IIIIIIIIIBII ~ .x~s.oa.~s,o,.oaEO~P~~~.,EO „o ~ [c~t~c~n~~ques e by: North American Title Company o5ns~2oo9 When recorded mail to: 4305 Sant r Avenue *20090727739* j Vernon, CA 90058 Attn: Jeff A. Harrison City Attorney Order No. 6022816-62 Escrow No. 233571-TD THE SPACE ABOVE IS FOR RECORDER'S USE TITLE(S) OF DOCUMENT CORRECTED COVENANT AND AGREEMENT "This document has been signed and executed in counterparts, each of which shall be deemed an original and together shall constitute a single instrument." Assessors Identification Number (AIN): 6303-029-015 RECORDING REQUESTED BY AND MAIL TO: CITY OF VERNON 4305 SANTA FE AVENUE VERNON, CALIFORNIA 90058 ATTN: JEFF A. HARRISON CITY ATTORNEY SPACE ABOVE THIS LINE RESERVED I'OR RECORDER'S USE CORRECTED COVENANT AND AGREEMENT - THIS CORRECTED COVENANT AND AGREEMENT ("Corrected Covenant and Agreement") is made as of the date below written by Owens-Brockway Glass Container Inc., a Delaware corporation ("Owens-Brockway") and approved by the City of Vernon, a California municipal corporation (the "City of Vernon") and is being recorded solely to correct that certain Covenant and Agreement by Owens-Brockway and approved by the City of Vernon, dated February 5, 2004, and recorded on February 10, 2004 in the Official Records of the County of Los Angeles as Instrument Number 04-0296184 ("Original Covenant and Agreement"), by deleting the reference to Exhibit B, since Exhibit B was not attached to the Original Covenant and Agreement when it was recorded on February 10, 2004, and to replace in its entirety paragraph 4 on page 1 of 2 of the said recorded Original Covenant and Agreement with the fourth paragraph herein. WHEREAS, Owens-Brockway, successor by merger to Owens-Illinois Glass Container Inc., is the owner of the real property located in the City of Vernon, County of Los Angeles, State of California, that is located and known by the following address; 2901 Fruitland Avenue (the "Property"), as more particularly described and shown on Exhibit A attached hereto and incorporated herein;- and WHEREAS, Owens-Brockway desires a variance from automobile parking requirements Section 26.4,2-6 of the Comprehensive Zoning Ordinance of the City of Vernon (the "Variance"). NOW, THEREFORE, Owens-Brockway hereby agrees and covenants with the City of Vernon that for and in consideration, and only in the event, of the City of Vernon's approval of the Variance for the Property, that the second floor of that certain two story warehouse building located on Parcel 3 (which Parcel 3 is shown on the attached Exhibit A) shall remain unoccupied by people and shall not be used for manufacturing or warehousing with the exception that a conveyor line may be maintained therein. For clarification, the warehouse building described. herein is constructed of formed concrete and glass blocks, consisting of 138,056 square feet on the first floor and 58,000 square feet on the second floor. THIS Covenant and Agreement shall run with the Property and shall be binding upon Owens-Brockway, future owners of the Property, encumbrancers, and their respective successors, heirs and assigns and shall continue in effect until released by the authority of the O 19 10/0053 187878.2 Director of the Department of Community Services and Water far tha City of Vernon ("Ai:rectar") or such successor governmental officials lawfully acquiring the duties of the Director, which slsall be released upon submittal of request, applicable fees at~d Evidence that this Covenant and Agreement is no longer required by apglical~le law. This Covenant and Agreement may be signed anil approved in counterparts, each cif which shall be deemed an original arYd together.shall constitute a single instreunent. OV4tBN5-BROCT~WAY GLASS CONTAINER INC. A DF..LAVVARE .CrJRPOR.ATI4I`d, Success€ar by merger to aWENS-Q,LIl'~1015 GL,A~SS CONTAINER INC. EXECUTED MAY ~ 1 , 2U~9 B . ` BY: Name: L. Richard C wford Nye; John E. Mauntler 'Ijtte; Senior Vice President 'ride; Assistant Secretary APFFt{7Vl?D BY: Samuel Kevin Wilson Director of Gomtnuuity Services & Wa#er DATED: It~Iay , ~f1~iS9 o.r9t©~oosa tsza~s:a Director of the Departcnettt of Community Services and Water for the City of Vernon ("Director") or such suECessar governmental officials Iawfull}~ acquiring the dpties of tie Director, which shall be released upon submittal of request, applicable fees at~d evidence that this Covenant and Agreement is no longer required: by applicable law. This Covenant and Agreement may be signed anii approved in counterparts, each of wlich shall be deemed an original and together shall constitute a simgle instrument. OWENS-BIZQCKWAY GLASS CC3NTAINER INC. z4 DF..LAWARE .GQRP+ORATIDN, Successor by merger to OWENS=IL,LII~OIS C~LA.SS CQN'I'AINER INC. EXECJTED MAY , 24D4 BY: BY: Name: Name: Title: Title: APPROVED SY: ~`S uel coot Wilson Director of Community Services & Water I]ATF,I]:lvlay~ .~d" , ~Qa.9 OI91 E1/0053 183878:a STATE OF OHIO ) SS: COUNTY OF WOOD ) The foregoing instrument was acknowledged before me this 1 ~ 4~ day of -May, 2009, by L. Richard Crawford and John E. Mauntler, a Senior Vice President and an Assistant Secretary, respectively, of Owens-Brockway Glass Container-Inc., a Delaware corporation, on behalf of the corporation. Not P a°p~~~C°`~~~oe ®e ~p~~~®I.//~~~~~~m CRAIG J. VAN H®RSl'EiU p ~ . f ~ ® Att®r?~y°~t~~r ~e ~®tary Puhllc, State of Ohio =e~~•.~...~.. ~"~°e, Icy Com~ls~io~ lies ~o ~xplraiton Aate 4 ~'Ber®®~~a® g CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Count of ~ ~ Y On ~ before me, ~ , Date / . He`e Insert Name nd Title of the Officer personally appeared ~ f ~~~GZ 11c.~ f / ~e"?il Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person() whose name(s) is/axe subscribed to the within instrument and acknowledged to me that he/sl~e{tk?ey executed the same in his/f~erltheir authorized capacity(ios), and that by his/her~tkieir signature($) on the - ~ ~ " instrument the person(s~, or the entity upon behalf of MANUELA GIRON Commission # 16t t388 which the person(s) acted, executed the instrument. i , ~ Notary Public - Callfomia tosAngeiesCounty I certify under PENALTY OF PERJURY under the laws My Comm.ExplresNov4,2009 of the State of California that the foregoing paragraph is true and correct. WITNESS my and and official seal. Signature Place Notary Seal Above re.of Not y Pu Ilc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ? Individual ? Individual ? Corporate Officer =Title(s): ? Corporate Officer -Title(s): ? Partner - ? Limited ? General _ ? Partner - ? Limited ? General _ ? Attorney in Fact - ? Attorney in Fact - ? Trustee Top of thumb here ? Trustee Top of thumb here ? Guardian or Conservator ? Guardian or Conservator ? Other: ? Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll-Free 1-500-876-6827 EXHIBIT "A" LEGAL DESCRIPTION PARCEL T A PORTION OF LOT 31, OF THE 500 ACRE TRACT OF THE LDS ANGELES FRUIT LAND ASSOCIATION, IN • THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORMA, 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 50LITH 321.50 FEET ALONG THE EAST LINE OF SAID LAT 31 TO THE NORTH LINE OF THAT 17.00 FOOT WIDE RIGHT OF WAY OF THE LOS ANGELES JUNCTION RAILWAY, AS DESCRJBED IN DEED TO CENTRAL MANUFACTURING DISTRTCf INC., RECORDED 4-7-1927, IN BOOK 4752, PAGE 265 OF OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE; THENCE WEST 660.00 FEET ALONG SAID NORTH LINE OF SAID AIGHT OF WAY TO TI{E WEST LINE OF SAID LOT 31; THENCE NORTH 321.50 FEET ALONG SAID WEST LINE OF SAID LOT 31 TO THE NORTIi LINE OF SAID LOT 31, ALSO BEING THE CENTERLINE OF SAID EAST SOn~ STREET' 40.00 FEET WIDE, AS DESCRIBED IN DEED TO THE CPTY 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 660.00 FEET ALONG SAID NORTH L[NE OF SAID LOT 31 TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE NORTH 20.00 FEET OF SAID LAT 31, THE SOUTH LINE DF SA{D NORTH 20.00 FEET, ALSO BEING THE SOUTH LINE OF EAST SOTM STREET 40.00 FRET WIDE, AS DESCRIBED IN DEEP TO THE CITY OF VERNON, RECORDED 9-5-1929, AS DOCUMENT NO. 1410, [N $OOK 9335, PAGE 149 OF ~ OFFICIAL RECORDS, IN SAID RECORDER'S OFFICH PAR EL 2 A PORTION OF LOT 30, OF THE 500 ACRE TRACT' OF THE LOS ANGELES FRUIT LAND ASSOCIATION, IN THE C[TY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDEp IN BOOK 3 PAGES 156 AND 157 OF MISCELLANEOUS RECORDS, 1N THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST 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, 1N BOOK 8255, PAGE 278 OF OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE AND EAST 50~ STREET 40.00 FEET WIDE, AS DESCRIBED IN DEED TO THE CITY OF VERNON, RECORDED 9-5.1929, AS 1OCUMENT NO. 1410, IN BOOK 9335, PAGE 149 OF OFFICIAL RECORDS, IN SAIp RECORDER'S OFFICE; THENCE EAST 660.00 FEET ALONG SAID NORTH LINE OF SAID LOT 30, A[SO BEING THE CENTERLINE OF SAID EAST 50"~ STREET TO THE NORTHEAST CORNER OF SAID 1.oT 30; THENCE SOUTH 321.50 FEET ALONG THE EAST LINE OF SAID L,OT 30 T)0 THE NORTH LME OF THAT 17.00 FOOT WIDE RIGHT OF WAY OF THE I,oS ANGELES )UNCTION RAJLWAY, 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 660.00 FEET ALONG SAID NORTH L[NE AND IT'S WEST PROL.ONGATTON OF SAID RIGHT OF WAY TO THE WEST UNE OF SAID LOT 30; THENCE NORTH 321.50 FEET ALONG SAID WEST LINE. ALSO BEING THE CENTERLINE OF SAID SOTO STREET, TO THE POINT OF BEGINNING. - ° - - ~ ..>F EXCEPT THEREFROM THE NORTH 20.00 FEET OF SAID LOT 30, THE SOUTH LINE OF SAID NORTH 20.00 FEET ALSO, BEING THE SOUTH LINE OF EAST SO'H STREET 40.00 FEET WIDE, AS DESCRIBED IN DEED TO THE CITY OF VERNON, RECORDED 9-5-1429, A5 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 L.OT 30, THE EAST LINE OF SAIL) WEST y 40.00 FEET, ALSO BEING THE EAST LINE OF 50T0 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 ALSO, EXCEPT 1NEREFROM THAT PORTION OF SAID LAT 30 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF SAID SOTO STREET, 80 FEET WIDE, AS DESCRIBED IN DEED TO THE CITY OF VERNON, RECORDED 8-6-1929, AS DOCUMENT NO. IA09, IN BOOK 8255, PAGE _ 278 OF OFFICIAL RECORDS, JN SAID RECORDER'S OFFICE, ALSO BERJG 'THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 20.00 FEET; THENCE ~''~=~T_ NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° AN ARC DISTANCE OF 31.42 FEET 'PO THE PORJT OF TANGENCY IN THE SOUTH LINE OF SAID EAST 50~' STREET, 40.00 FEET WIDE, AS DESCRIBED M DEED TO THE CITY OF VERNON, RECORDED 9-5-1429, AS DOCUMENT NO. 1410, IN BOOK 9335, PAGE 149 OF OFFICIAL RECORDS, M THE RECORDER'S OFFICE OF SAID COUNTY; THENCE WEST ALONG THE WEST PROLONGATION OF SAID SOUTH LINE TO IT'S INTERSECTION WITH THE NORTH PROLONGATION OF SAID EAST LINE OF SAID SOTO STREET; THENCE SOUTH ALONG SAID EAST LINE TO THE POINT OF BEGINNING. IaARCEI, 3 A 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 LAT 30, ALSO BEING THE fNTERSEC770N OF THE CENTERLINES OF SOTO STREET, 80.00 FEET WIDE, AS DESCRIBED IN DEED TO THE CITY OF VERNON, RECORDED 8-b-1929, AS DOCUMENT NO. 1409, IN BOOK 8255, PAGE 278 OF OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE AND FRUTTLAND AVENUE 60.00 FEET WIDE, AS DESCRIBED IN DEED TO THE CITY OF VERNON, RECORDED f-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 AIIJCTION RAILWAY, AS DESCRIBED IN DEED TO CENTRAL MANUFACTURING DISTRICT' INC., RECORDED 4-7-1927, IN HOOK 4752, PAGE 265 OF OFFICIAL RECORDS, IN 5A1D RECORDER'S OFFICE; THENCE EAST b60.00 FEET ALONG SAID .WEST PROLONGATION AND SAID 50UTH 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, 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, [N HOOK. 8244, PAGE 317 OF OFFICIAL RECORDS, ALONG WITH DEED TO THE CITY OF VERNON, RECORDED 1-IS-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, A5 DOCUMENT 1211, IN BOOK 4758, PAGE l09 OF OFFICIAL RECORDS, IN THE RECORDER'S OFFICE AF SAIb 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, A5 DESCRIBED M 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, M BOOK 4758, PAGE 109 OF OFFICIAL RECC+RDS, BOTH IN SAID RECORDER'S OFFICE, ALSO BEING THE BEGINNING OF A TANGENT CURVE CONCAVE T'O THE NORTHEAST .HAVING ARADIUS OF 20.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTTLAL ANGLE OF 90° AN ARC DISTANCE OF 31.42 FEET TO THE POINT OF TANGENCY IN THE NORTH LINE OF FRUITLAND AVENUE, 60.00 FEET WIDE, AS DESCR]BED IN DEED TO THE CITY OF VERNON RECORDED 1-18-1927, AS DOCUMENT 1211, IN BOOK 4758, PAGE 109 OF OFFICIAL RECORDS [N SAID RECORDER'S OFFICE; THENCE WEST ALONG THE WEST PROLONGATION OF SAID NORTH LTNE 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. I P. - ~ f ARCF,[, 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 F r • [N BOOK 3 PAGES 156 AND 157 OF MISCELLANEOUS RECORDS, M 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 TTiE - . 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 DI 196,-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 L[NE OF THAT 17.00 FOOT WIDE RIGHT OF WAY OF THE LOS ANGELES JUNCTION RAILWAY, AS DESCRIBED RV 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 OP WAY TO THE EAST LINE OF SAlD LOT 31; THENCE SOUTH 321.50 FEEL' ALONG SAID EAST LINE OF SAID LOT 31 TO THE POINT OF BEGINNING: EXCEPT THEREFROM THAT PORTION OF SAID LOT 3l LYING SOUTH OF A LINE PARALLEL WITH AND 34.00 FEET NORTH MEASURED PERPENDICULAR TO THE SOUTH LINE OF SAID LOT 31, SAID PARALLEL LINE ALSO BEING THE NORTH LINE OF FRU[TLAND AVENUE 60.00 FEET WIDE AS DESGRIBED IN DEED TO T'HE CITY OF VERNON, RECORDED I-18-1927, AS DOCUMENT 121 I, IN BOOK 4758, PAGE 104, ALONG WITH DEED T'0 THE CITY OF VERNON RECORDED 10-6-1931, AS DOCUMENT 735, IN BOOK 11100, PAGE 380, ALSO INCLUDING DEED TO THE C[TY OF VERNON RECORDED 4-21- 1961, AS DOCUMENT 3627_, IN BOOK D1196, PAGE 977 ALL OF OFFlC[AL RECORDS fN SAID RECORDER'S OFFICE . - SEE ATTACHED PLAT MAP ON PAGE 4 OF 4 LEGAL DESCRIPTFON PREPARED BY: soNE, walclrr ~ ~ssocuTES yip LAN D S~~ l 1912 E. FIRESTONE BOULEVARD NORWALK, CA 9065D ~Q.(~fl A' ~R~ G~~ (562) 8686555 V ~ BY: ~ * ~p,6-3o-ay H ARD A. WRIGHT, 1,56909 Q- ~ ~S690g t'~ ~qTF ~fi CA~~F~~ . c a ~ ~ ~ ~ w .L1 a AObs9 H1~0li 1L ~ t Astor `y A~~ a W w As~tzr -,o~t~c ~ ~ ~ ~ p ~ ~ ~ . d~ o ~ ~r ~ ~ !S $ ~ ' ~ ~ ~ ~ ~ Q ~ o ~ ~ ~ d ~OS'?OE tzt M 111 ~ t AS't6t ~ ~ X44 C3~ UJV`Z~Q g~ ~ ~ ~ , ~ ~ ~ n ~ ~ ~ a a a ~ "i N~ ~ .tl t"+"•OS MM ~ a ~ A ~ A~'t4~ A3'tlt . ~ Ao~aas tuts, v ~ ~ a ~ a~~ls olos~ 4 ' a~ a ®a 0 a maws.. . a ~b~.,~ 2oosoizi~az Illlllllll~~llllllllll~llllllllll~llllll~ll~lnlllllll Pogo: IIIIIII~IIIIIIIVIIIIII~II~IIIAIIIII~III~IIIIIIIIIIII~IIIIIIIIIVIIIIIIIIIIIIIIIIIIII IVIIIVIIIVIIIVIIIIIVIVIIII IIVIIIIIII IIVIIIIVIIVIIIIllflVIIIIIIIIIII IIIIIIIIIIIII~~flIIII~lOYllll iiomeumiiuiiiiiiiisiiiiiiiiiimiiiiiuiimiiuiuu~m ~ uoiumiuuuiuiimiiiiuiumiiunmiuumimmium ~ RECORDING REQUESTED BY North American Title Company Order No. 6022816-62 Escrow No. 233571-TD I 05nsizoo9 WHEN RECORDED MAIL TO: City of Vernon 4305 Santa Fe Avenue *2ppgo727742' Vernon, CA 90058 _ - - Attn: Jeff A. Harrison, City Attorney MAIL TAX STATEMENTS TO: Exempt THE SPACE ABOVE IS FOR RECORDER'S USE GRANT DEED Portion of APN: 6303-029-015 DOCUMENTARY TRANSFER TAX IS NONE -NOT REQUIRED SEC. 11922 REVENUE TAXATION CODE. FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, Owens-Brockway Glass Container Inc., a Delaware: corporation (the "Grantor") HEREBY GRANT(S) TO: City of Vernon, a body corporate and politic (the "Grantee") The following described real property, located at the southeast corner of SOt" Street and Soto Street, in the City of Vernon, County of Los Angeles, State of California: The legal description and depiction are attached hereto, marked Exhibit "A-1" and "A-2", and by this reference incorporated herein and made a part hereof. COCU;VEhdTAf-2YTFCAR'~FGi~ Try 1 COi~iPUTED GN Ft!LL VriLUE OF Ff?C~P1:Z T Y CONVEYED CR COih'r`'~!TED OF FULL V;~LU[: LCS5 LIENS AND vCU~ u~~N'"E~ 9AININJ AT TIMiE OF SALE. S:u_ -;TUBE O~ DEGL!> ANY OR /#GEN ~ DETERMINING 7'rll(. FIRM NAME 1 01910/0053 182091.1 E~CRi7W NQ. ?.3357I-TD QRDER ~i~t±D. 6022816-62 AP.N: G3U3-Q29-Q15 p~R-~'i v~l n't' The foregoing grant of real property is subject to non-delinquent taxes, alt easements, covenants, conditions and restrictions of'record, and aU ofher matters of recnrii a~`ecting title ta,5uch property. Date: May~~ 2004 "Grantor" []wens-Br ~ Glass Canta;in Inc.,. a ~ ~laware corporation By: ~ame Printed: L. Richard rawford Title: Senior Vice President 2 019 i Q/4053, l 82b9t_i ESCROW NO. 233571-TD ORDER NO. 6022816-62 APN: 6303-029-015 The foregoing grant of real property is subject to non-delinquent taxes, all easements, covenants, conditions and restrictions of record, and all other matters of record affecting title to such property. Date: May , 2009 "Grantor" Owens-Brockway Glass Container Inc., a Delaware corporation By: Name Printed: Title: 2 01910/0053 182091.1 STATE OF OHIO ) SS: COUNTY OF WOOD ) The foregoing instrument was acknowledged before me this I 1 *hday of May, 2009, by L. Richard Crawford, a Senior Vice President of Owens-Brockway Glass Container Inc., a Delaware corporation, on behalf of the corporation. Notary u ' 1l~/~p P®p p'I ~~1~%Q~®~'~• C~4i~ J. VAfV FIORSTE(V m ° ! ~ ~ A4cam®y-at- v~~,.t ,•~v` No~ry Public, Sfat® of Ohio ° ;`~~`•..(.'_~....°C~~k`` {I~y ~ammia~lon Nas No Explratlon Date EXHIBIT "A-1" CITY PARCEL Legal Description THAT 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, AND ALSO BEING A PORTION OF PARCEL 2 AS SHOWN ON RECORD OF SURVEY FILED IN -BOOK 191, PAGE 20 OF RECORDS OF SURVEY, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WITHIN THE FOLLOWING DESCRIBED PARCEL OF LAND: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 2, AS SHOWN ON SAID RECORD OF SURVEY, THENCE, NORTH 00°07'12" WEST, 14.00 FEET ALONG THE WEST LINE OF SAID PARCEL 2 TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE, SOUTH 89°58'55" EAST, 83.55 FEET; THENCE, NORTH 0°01'05" EAST, 14.33 FEET; THENCE, SOUTH 89°58'55" EAST, 29.19 FEET; THENCE, NORTH 0°0.1'05" EAST, 16.94 FEET; THENCE, SOUTH 89°58'55" EAST, 60.67 FEET; THENCE, SOUTH 0°01'05" WEST, 9.27 FEET; THENCE, SOUTH 89°58'55" EAST, 32.30 FEET; THENCE, SOUTH 0°01'05" WEST, 16.00 FEET; THENCE, SOUTH 89°88'55" EAST, 184.38 FEET; THENCE, NORTH 0°07'12" WEST, 2.68 FEET; THENCE, SOUTH 89°58'55" EAST, 11.00 FEET; THENCE, NORTH 00°07'12" WEST,. 116.73 FEET PARALLEL WITH THE WEST LINE OF SAID PARCEL 2; THENCE, EAST, 34.40 FEET; THENCE; NORTH 00°07'12" WEST, 161.15 FEET PARALLEL WITH THE WEST LINE OPSAID PARCEL 2, TO A POINT ON THE NORTH LINE OF SAID PARCEL 2; THENCE, WEST, 415.47 FEET ALONG THE-NORTH LINE OF SAID PARCEL 2 TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 20.00 FEET; THENCE, SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°07'12", AN ARC LENGTH OF 31.46 FEET TO A POINT ON THE WEST LINE OF SAID PARCEL 2; THENCE, SOUTH 00°07'12" EAST, 266.39 FEET ALONG SAID WEST LINE TO THE TRUE POINT OF BEGINNING. Prepared by: ~y~~ LAND S~+P Douglas Boy zton, PLS4787 DOUGLAS A. 80YNTON°~ Dulin and Boynton * ExP. 30 SEP 10 729 E. Willow Street N~ L.S. 4787 Signal Hill, CA 90755 (562) 426-6464 of CAL1~~4 EXHIBIT "A-2" CITY PARCEL Sketch to Accompany Legal Description - EAST 50th STREET N 1981.41' EAST 475.51 457.73 387.70 \ i ~ ~ 415.47 WEST .457.72' EAST ~ 387.70' EAST _ 'T ~ 40' 40' 0=90'0712° N - - w R=20.00 ~ \ Q. ~ iv L=31.46 r w o o PP• ~ o N i~ 0 0 ~ o ~ o EAST p o o ~ N N ~ paG3C~C~~ ~ Z ~ ~ paG~C~C ~ ~ ~ w ~ o~ W ~ ~ T.P.O. B. ~ ~ - ~ ~ Z O M o ~ 1T ROW OF LOS ANGELES ~ o 0 W ~ ~ 1O ,no JUNCTION RAILWAY °o ~ ~ O W ~ a L6 LS ~ 184.38' °o o® BK4752/265 O.R. Z ~ L2 J J J ~ S89'58'55°E ~ z ~ ~ ~ Z L11 ~g N89'58'S5"W _ 387.70' N89'S8'55"W v+ a _ l 6 7 N '58'55"W 'T •1 P.O.C. 620.37' ~ 588'55"E~ ~ W ~ ~ z P• o ~ P° N ~ O N 4=89'51'43 rn N R=20.00 w L=31.37 ~ ~ - 600.33' N89'S8'S5"W ~ - 660.28' N89'58'55"W ~ I j oMl - 660.27' o~ - 660.27 ~ M 1980.81' N89'58'55"W FRUITLAND AVENUE ~~Q~~ LINE TABLE LINE LENGTH BEARING P. I, Q. 116, 145 SQ. FT. 2, 666 AC. L1 14; 00 N00'07' lz•w Scale I 200' Lz es. ss Se9° se' ss' E L3 14, 33 N00° O1' OS' E L4 z9. 19 Sa9° 56' S5' E LS 16. 94 N00° O1' OS' E L6 60. 67 S89° 58' S5' E NOTES: L7 9. z7 soo°ol' os'w L8 3z. 30 S89° 5a' S5' E L9 16. 00 S00' O1' OS' W PARCELS I , 2, 3 AND 4 REFER TO RECORD OP Llo z. 6a Noo°o7' lz'w SURVEY FILED IN BOOK 19 I PAGE 20 OF RECORDS L11 11. oo sa9°se'ss'E OF SURVEY AS DOCUMENT NO: 04-258 1 1 49. y~~9 LnNn s~~ P.I.Q. IS "PROPERTY IN QUESTION" AS DESCRIBED IN EXHIBIT "A- I " ~ ~ DOUGLAS A. YNTON ~ N.A.P. IS "NOT A PART" * Ex EP to Na ~ .s. a~s~ ti~ 0,4~' OF C ALl~ CERTIFICATE OF ACCEPTANCE This i to certify that the real property conveyed by Grant Deed dated May r~l , 2009, from Owens-Brockway Glass Container Inc., a Delaware corporation, for the property located at the southeast corner of 50th Street and Soto Street, City of Vernon, County of Los Angeles, State of California, is hereby accepted by the undersigned officer(s) on behalf of the City Council of said City pursuant to authority conferred by Resolution No. 989:7 of the City Council ofsaid City adopted on March 23 200.E and the City consents to the recordation thereof by its duly authorized officer(s). -Date: ~ i' ~ /(j `~'f The City of Vernon By:~/V.~ s ~ r,~~<~ Name: Hilario Gonzales Title: Mayor ATTEST: Manuela Giron, City C rk „ APPROVED S TO FORM: 'J Nam . of .Harrison ' Title: ity torney .Assessor's Parcel Numbers: APN: 6303-029-015 4 0191070053 182091.1 m„wa.. . ~ X20090727746 w.o, oana,os A. oe ooAM ~ ~ II~IIIIIIIIII~III~IIIII~I1111111IIIIIIIIIIIIIIIIIAIIIIIIVIIIII~III~IIIII~IIIIIIIIII I111111II IVIIIIIIIIIICIVIIIVIIIIIII11911181IIIIVIIIVIIII IIICIIIIIIIIII i~mmuiiomiuumuiiii i~mmiiiiisuiiiiiniuiiimmiiaiuimiimiiiuiiiu ~ ii¢mimiiiiisimiii~iiinmuaimi0uiiiiiisuu ~ Recording requested by: North American Title Company p5?18?2009 When recorded mail to: ~I City of Vernon *20090727746* II 4305 Santa Fe Avenue Vernon, CA 90058 Attn: Jeff A. Harrison City Attorney Order No. 6022816-62 Escrow No. 233571-TD THE SPACE ABOVE IS FOR RECORDER'S USE TITLE(S) OF DOCUMENT TERMINATION OF COVENANTS AND AGREEMENTS AS TO CITY PROPERTY "This document has been signed and executed in counterparts, each of which shall be deemed an original and together shall constitute a single instrument." Portion of Assessors Identification Number (AIN): 6303-029-015 ~ RECORDING REQUESTED BY North American Title Company Order No. 6022816-62 Escrow No. 233571-TD WHEN RECORDED MAIL TO: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 .Attn: Jeff A. Harrison, City Attorney Space above for Recorder's Office TERMINATION OF COVENANTS AND AGREEMENTS AS TO CITY PROPERTY This Termination of Covenants and Aeements as to City Property (this Agreement) is made and entered into as of this ~ day of May, 2009 by and between Owens- Brockway Glass Container Inc., a Delaware corporation ("Owens") and the City of Vernon, a California municipal corporation ("City") with reference to the following: A. Owens and the City entered into a Covenant and Agreement recorded on February 10, 2004, as Instrument No 04-02961.84 of the Official Records of Los Angeles County (the "First Covenant and Agreement") with respect to parcels of property owned by Owens located at the southeast corner of 50th Street and Soto Street, in the City of Vernon, County of Los Angeles, State of California, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Original Owens Property"). B. Owens and the City entered into a Covenant and Agreement recorded on February 10, 2004, as Instrument No 04-0296189 of the Official Records of Los Angeles County (the "Second Covenant and Agreement") with respect to the Original Owens Property. C. The City has purchased from Owens a portion of the Original Owens Property, referred to herein as the "City Property". The City Property is described in Exhibit "B" attached hereto. The parcels retained by Owens following the sale of the City Property to the City are referred to as the "New Owens Property". The New Owens Property is described in Exhibits "C" and "D" attached hereto. D. The City Property is to be conveyed to the City free and clear of the First Covenant and Agreement and the Second Covenant and Agreement (collectively, the "Covenants and Agreements"). E. The New Owens Property is to remain encumbered by the Covenants and Agreements. 1 01910/0053 185714.2 T A~ccordingiy, Owens and the City mutually desire to terminate the C©venants and Agreements as to the City Parcel and eanfiirrii the continued validity and effectiveness of the Govenaxlts and ,Agreements as to the Nevw Qwens Property. Thercfare, for good and valuable eonsideratian, the.sufficiency ar~d receipt of which are hereby acknowledged, the parties ~r~gree as~ follows: 1, Terminatit~n of Covenants and Agreements as to the Cit~S+ Property. The parties hereby acknowledge and agree ti~at the terms of the Covenants and Agreements are no lailger effective as to the City Property, and title to the City Property is not encumbered by such .Covenants and Agreements. Continued Effectiveness of Cavenan'ts aad.Agreements as to the New Owens Property. The parties hereby acknowledge and agree that the terms of the Covenants and .Agreements remain valid, effective, and in full farce :and effect as. to the New Owens' Property, in accordance with the terms thereof, as to the New Owens Property. IN ~VvITNESS V~iEREC?F~, this Agreemrnnt is executed as of the date first above written. Owens-Brockway Glass Cs~ntainer Inc.,.a T]elaware corporation By: Naane~Printed: L. Rich d Crawford Title: Senior vice Fr sident The City of Vernon By. Hilario Gonzales, Mayor Approved as. to Farm: By: 3eff A. Harrison, City~Attorney ©14111/0pS3 l $S71A..2' }accordingly, Owens and the City mutually desire fo terminate the C©venants and ~ . Agreements as to the City Parcel and eonfrm the continued v~alidity`and effectiveness of the Covenants. and :Agreernentas as to the Nevti+ Qwens Property. . Therefore, for good arrd valuable consideration, thc.suff'iciency and receipt of which ~sre hereby acknowledged, the parties agree as fellows: I~ Terminafion of Covenants ltnd Agreements as to the Cityty Fronerty. The parties hereby acknowledge and agree that the terms'of the Covenants and Agreements are no longer effective as tct the City lyrgperty, and title to the City Praperty is not encumbered by such Covennants and-Agreements. Continued Effectiveness of Covenants acrd.Agreements as to the New [)wens ProperGV. The parties hereby acknot~vledge ttnd agree that the terms of the Covenants and Agreements remain valid, e#~ective, and in full force sand effect as. to the' New Owens Property, in accordance with the terms thereof, as to the New Owens Property: IN Vv'ITNESS V~-IEIZEaF, this Agreement pis executed as of the date first above written. Ovens-Brockway Glass Container lnc~,.a . 17elaware c~irporation By; Name Printed: Title: - The City of Vernon sy, Vii/" Hilario Gonzales, ~ ayor Apprvvad as. to Furm: sy: . 3 . H -'son, City~Attorney ATTEST: 1~Ianuela Giron, City Clerk 2a STATE OF OHIO ) SS: COUNTY OF WOOD ) The foregoing instrument was acknowledged before me this 1 ~~day of May, 2009, by L. Richard Crawford; a Senior Vice President of Owens-Brockway Glass Container Inc., a Delaware corporation, on behalf of the corporation. V~ Nota P ~ aeaeeeje _ tip. q,.1..1~,~®~>e ~~i~ J. VAR! H®RS1°EN m ~ i i ~ ~ A4ro~ey~td °mef~,,~ iaot~ry pUhliG°e b'~te of Ohio- , °°°~4~~ ~y O~~~i~~i®~e H~a iVo ~cplraUon Date ®B®eeeeoee STATE OF CALIFORNIA) )SS. Ct7UNTY OF~ LOS ANGELES) . ON , 20~ BEFORE ME, i'UBLIC, PERSONALLY :APPEARED a f rt d ~~N ~ ~ s WHQ PROVED TO ME:ON THE BASIS Off' SATISFACTORY EVIDENCE Td BE THE PERSON WHOSE .NAME IS SUBSCRIBED TQ THE WITHYIV iNSTRUMElVT AND.A~KNOWLEDGED TO ME.THAT HB E~CUTED THE~SAME IN IiiS AUTi30RIZED CAPACITY`, A1vD TH,4T BI' IiI.S SIGNATURE ON THE II~STRiJIyIENT, TI-IE~ PERSON, GIR THE ENTITY UPON BEHALF CIF t~VHICH THE PERSON' ACTED,.EXECUTEb THE INSTRUMENT. i CEIZT]FY UNDER PEAI.ALTY OF PERJiJRY ~7I~TDER THE LA'S OF THE STATE OF CALIFORNIA THAT TI~E~FQREGOINCr PARAGRAPH I5 TRUE AND CORRECT. , V~ITNE'S5 MY AND OFFICIAL SEAL. (Not;3ry Signature) MANUELA GIRON ' Commission # 1611388 Notary Public -California z / D los Angeles County My Comm. Expires Nov 4, 2009 01'91 U1Q033 185714.2 ~ P EXHIBIT A LEGAL DESCRIPTION ORIGINAL OWENS PROPERTY 3 01910/0053 185714.2 . EXHIBIT "A" LEGAL DESCRIPTION PAR._CEL_1 _ A PORTION OF LOT 3l, OF THE 500 ACRE TRACT OF THE LOS ANGELES FRUIT LAND ASSOCIATION, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORMA, AS PER MAP RECORDED IN BOOK 3 PAGES 156 AND !57 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 50UTH 321.50 FEET ALONG THE EAST LINE OF SAID LOT 3l 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 660.00 FEET ALONG SAID NORTH LINE OF SAID RIGHT OF WAY TO THE WEST LINE OF SAID LOT 31; THENCE NORTH 321.50 FEET ALONG SAID WEST LINE OF SAID LOT 31 TO THE NORTH L[NE OF SA[D LOT 31, ALSO BEING THE CENTERLINE OF SAID EAST SOn~ 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 !49 OF OFFICIAL RECORDS, IN SAID RECORDER'S OFFIGE; THENCE EAST 660.00 FEET ALONG SAID NORTH LINE OF SA[D LOT 31 TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE NORTH 20.00 FEET OF SAID LOT 31, THE SOUTH LINE OF SAID NORTH 20.00 FEET, ALSO BEING THE SOUTH LINE OF EAST 50~ 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 "°~'°-"s OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE. PAR EL Z A PORTION OF LOT 30, OF THE 500 ACRE TRACT OF THE LOS ANGELES FRUIT LAND ASSOCIATION, IN THE C[TY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3 PAGES 156 AND 157. OF MISCELLANEOUS RECORDS, 1N THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 30, ALSO BEING THE INTERSECTION OF THE CENTERLTNES OF SOTO STREET 80.00 FEET WIDE, AS DESCRIBED IN DEED T'0 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 EAST 50~ STREET 40.00 FEET WIDE, A5 DESCRIBED IN DEED TO THE CITY OF VERNON, RECORDED 9-5-1929, AS DOCUMENT NO. 1410, IN BOOK 9335, PAGE l49 OF OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE; THENCE EAST 660.00 FEET ALONG SAID NORTH LINE OF SAID LOT 30, ALSO BEING THE CENTERLINE OF SAID EAST 50'~~ STREET TO THE NORTHEAST CORNER OF SAID LAT 30; THENCE SOUTH 321.50 FEET ALONG THE EAST LINE OF SAID LOT 30 TO THE NORTH L[NE OF THAT 17.00 FOOT WIDE RIGHT OF WAY OF THE L05 ANGELES. )UNCTION 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 660.00 FEET ALONG SAID NORTH LINE AND IT'S WEST PROLONGATION OF SAID RIGHT OF WAY TO THE WEST UNE OF SAID LOT 30; THENCE NORTH 321.50 FEET ALONG SAID WEST LINE. ALSO BEING THE CENTERLINE OF SAID SOTO STREET, TO THE POINT OF BEGINNING. - - - - , ..:F,. EXCEPT THEREFROM THE NORTH 20.00 FEET OF SAID I.OT 30, THE SOUTH LINE OF SAID NORTH 2O.OD FEET ALSO, BEING THE SOUTH LINE OF EAST 50'H STREET 40.00 FEET WIDE, AS DESCRIBED iN DEED TO THE CITY OF VERNON, RECORDED 9-5-1929, AS DOCUMENT N0. 1410, IN BOOK 9335, PAGE 149 OF OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE. ALSO, EXCEPT THEREFROM THE WEST 40.00 FEET OF SAID L.OT 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 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, EXCEPT THEREFROM THAT PORTION OF SAID LOT 30 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF SAID SOTO STREET, 80 FEET WIDE, AS DESCRIBED IN DEED TO THE CITY OF VERNON, RECORDED 8-6-1929, AS DOCUMENT N0. I404, IN BOOK 8255, PAGE 278 OF OFFICIAL RECORDS, 1N SAID RECORDER'S OFFICE, ALSO BEING THE BEGINNING OF A TAl`1GENT CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 20.00 FEET; THENCE `P1"~ NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° AN ARCDISTANCE OF 31.42 FEET TO THE POINT OF TANGENCY [N THE SOUTH LINE OF SAID EAST S0~' STREET, 40.00 FEET WIDE, AS DESCRIBED M DEED TO THE CITY OF VERNON, RECORDED 9-5-1929, AS DOCUMENT NO. 1410, IN BOOK 9335, PAGE 149 OF OFFICIAL RECORDS, IN THE RECORDER'S OFFICE OF SAID COUNTY; < THENCE WEST ALONG THE WEST PROLONGATION OF SAID SOUTH LINE TO IT'S INTERSECTION WITH THE NORTH PROLONGATION OF SAID EAST LINE OF SAID SOTO STREET; THENCE SOUTH ALONG SAID EAST LINE TO THE PORJT OF BEGINNING. T'ARCEL 3 A 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 CALIFORMA, 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 SALT} I.QT30, ALSO BEING THE INTERSECTION OF THE CENTERLINES OF SOTO STREET, 80.00 FEET WIDE, AS DESCRIBED IN DEED'i'O THE CITY OF VERNON, • RECORDED 8-6-1929, AS DOCUMENT NO. 1409, TN HOOK 8255; PAGE 278 OF OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE AND FRUTTLAND AVENUE 60.00 FEET WIDE, AS DESCRIBED TN DEED TO THE C[TY OF VERNON, RECORDED i-18-1927, AS DOCUMENT NO. 121 i, 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 3D, 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 7}IE 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 RICHT OF WAY TO THE EAST LINE OF SAID LOT 30; THENCE SOUTH 321.50 FEET ALONG SAID EAST LINE OF SAIp 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, TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE WEST 40.00 FEET OF SAID LOT 30, EAST LINE OF SAID WEST 40.OD -FEET, ALSO BEING THE FAST 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, [N BOOK 8249, PAGE 317 OF OFFICIAL RECORDS, ALONG WITH DEED TO THE CITY OF VERNON, RECORDED 1-IB-1927, AS DOCUMENT 1211, IN BOOK 4758, PAGE I09 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 LFNE 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, A5 DOCUMENT 1211, IN BOOK 4758, PAGE 109 OF OFFICIAL RECORDS, IN THE RECORDER'S OFFICE OF SAIb COUNTY. ALSO, EXCEPT THEREFROM THAT PORTION OF SAID LOT 30 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT TN THE EAST LINE OF SOTO STREET, 80 FEET WIDE, AS DESCRIBED IN DEED TO THE CITY OF VERNON RECORDED 8~-1929, AS DOCUMENT NO. 1408, 1N BOOK 8249, PAGE 317 OF OFFICIAL RECORDS, ALONG WITH DEED TO THE CITY OF VERNON, RECORDED 1-18-1927, AS DOCUMENT 1211, M 800K 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 90° 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 'PO THE CITY OF VERNON RECORDED 1-18-1927, AS DOCUMENT 1211, TN 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 50T0 STREET; THENCE NORTH ALONG SA[p EAST LINE TO THE POINT OF BEGINNING. ~3 p) - j PARCF,l, 4 A PORTION OF LOT 31, OF THE 500 ACRE TRACT OF THE LOS ANGELES FRUIT LAND ASSOCIATION, IN THE CITY OF VERNON, COUNTY pF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED ~°~~-:{"f 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 SDUTHEAST CORNER OF SAID LAT 31; THENCE WEST b60.00 FEET ALONG T}IE 50UTH LINE OF SAID LOT 31, ALSO BEWG THE CENTERLINE OF FRUlTLAND 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 Dl 196, PAGE 977 ALL OF OFFICIAL RECORDS IN SAID RECORDER'S OFFICE, TO THE SOUTHWEST CORNER OF SAID LOT 31; THENCE NORTH 32L.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 JIiNCTlON 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 ALONC SAID SOUTH LINE OF SAID RIGHT OF WAY TO THE EAST LINE OF SAID-LOT 31; THENCE SOUTH 321.50 FEET ALONG SAID EAST UNE OF SAID LOT 31 TO THE POINT OF BEGINNING: EXCEPT THEREFROM THAT PORTION OF SAID LOT 3l 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 HEING THE NORTH LINE OF FRUITLAND AVENUE 60:00 FEET' WIDE AS DESCRIBED IN DEED TO THE CITY OF VERNON, RECORDED I-IS-1927, AS DOCUMENT 1211, IN BOOK 4758, PAGE 109, ALONG W[TH DEED TO T'HE CITY OF VERNON RECORDED 10-6-1931, AS DOCUMENT 735, 1N BOOK.I 1100,-PAGE 380, ALSO INCLUDING DEED TO THE C[TY OF VERNON RECORDED 4-Z1- 1961, AS DOCUMENT 3627_, IN BOOK D1196, PAGE 97Z ALL OF OFFICIAL RECORDS 1N SAID RECORDER'S OFFICE SEE ATTACHED PLAT MAP ON PAGE 4 OF 4 LEGAL DESCRIPTION PREPARED IIY: BONE, wIIlclfr ~ Assocu~lT~s LA N D S~j 1912 E. FIRESTONE BOULEVARD NoRwALK, cA 90650 ~PRD A. ~Ri G~~ csb2, s6s-~sss v ~ C BY: lG * ~p,6-3o-oy FF ARD A. WRIGHT, LS6909 Q•' ~ <s~9ag ~9~F DF CAL~F~~ • 1 ~ ~ ~ i~- ~ cr ~ ~ a ~ ~ ~ ~ ~o~ o ~ ~ ~ ~ ~d ~ ~ ~ ~ w W K! J00'OS9 NlilOtl ~ ~ ~ w 1 ~'tLr ~ -~A9'tLC ~ ~ ~ Q . ~ ~ ~o ~'.U d ~ ~ C3 ~ ~ ~ Q~~~o~ ~ ~ ~ ~ u. " Aotisv ~ ~ Q ~ C3 ~ ~ ~ AS'l0~ utr ~ ~ j ,OQ'tLC J~'l6L ~ !1. ~ Q C9 ~ ~ a ~ ~~7u-Z2 d ~ ~ ~ y ~ ~i ~ ~ ~o~, g g ~ n ~ g a. 0. p a N.-w~ .LI ~•~r--,QS Q ~9 ~ ~ p~, ~ JDi'~pT. AS'tlZ ° ° AOYILS FiLtlpN ~ ~ r ~ ~ ~ ~ Pv A 33 raga ~ar• .i~~1S g10S ~j , a ~ ac a N ~ M o~ a e da a`~ ~ EXHIBIT B LEGAL DESCRIPTION CITY PROPERTY 4 01910/0053 185714.2 ~~~~~1~ ~x ~ a `THAT PORTION OF L©T ~fi, C~t+ THE 5(~t? ~,CRE TEtA~T bF TAE LOS At~GitiL[<~ FRUIT LAND - ASSOCIATION, iN THE CITY tDFVERNON, CC~t1NTY ~OF LOSA[yGELES, STATE OF CALIFC)RNIA, AS PER MAP RECORDED IN BOOK 3, PAGES 15fr AND 157 OF MISCELLANEOUS RECORD5, AND ALSQ BEING A PORTION 4F PARCEL 2AS SHOWN C1NRECORDOF SURVEY FILED INBOOK101., PAGE 2CI OF RECORQS OF SURVEY, BATH IN THE OFFICE C)F THE COUPiTY RECC7RDER OF SAID CCIUNTY, WITHIN THE FC)LLaWING QESCRIRED PARCEL OF LAND: COMMENC1FiG AT THE SOUTHWEST CORNER (?F SAID PARCEL 2, AS SHC)WN CAN SAID RECC)RD OF SURVEY, THENCi±, NORTH CID°D7'12" WEST, 14.UQ FEET ALCiNG THE WEST LAVE C)F SAIQ+ PAFICEL 2 TU TFfE TRUE POINT OF BEGINNING ~C?~ TH}S QESCRIPT(t~~i; THENCE, S£JUTH 89°SS`S5" EAST, 83.55FEET; THENCE, ~I{~RTH D'D1'DS" EAST, 1.33 FEET; THENCE, SOUTH X35°~~`55" EAST, 29.~~1=EET; THENCE, t~tQRTH Ca°01'D5"' EAST,16.D41*(ET; THE~iCE, St~UTH 8~°58'55" EAST, 6D.f7 l=EET; THENCE, SOUTH 4°Ol`D5" WEST, 9.2~7fEET; THENCE, SC>UTN 8~°58'55'° EAST, 32,3D FEET; THENCE, SOUTH ©"D2°DS"' 1AlEST, 1~.DCl FEET; THENCE, SC3UTH 89a58'SS`' EAST, 181.38 lEiT; THENCE, NORTH 0°(17'12"WEST, 2.68 FEET; THENCE, St3UTH 89°a8'S5"EAST, 11.D0 FEET; THENCE, NC)RTH OC}°0T~,2" N~?EST, 11ES;~3 FEETPARALLELWITH THE WESTiaNE OF SAID PARCEL 2; THENCE, EAST, 34.40 FEET; THENCE, NORTH [?i7°t?~`12" WEST, 11.15 FEET PARALLEL WITH TFtE WEST LlNEOF SAIQ PARCEL2, TO A PCTiNT C3N THE (NORTH LIME Of SAID PARCEL 2; THENCE, WEST, X15.47 FEET ALONG THE N{~RTH LINE OF SAIQ PARCEL 2 TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RAQIUS OF 2D.D0 FEET; THENCE, SCIUTHWESTERLY ALC)NG SAI1~ CUf~VE, THR~?UGM A CENTRAL ANGLE OF 90°07'12", AN ARC LENGTH OF 31.46 FEET TO A POINT ON THE WEST LINE. OF SAIQ PARCEL 2; THENCE, SOUTH OD°07'12" EAST, 266.39 FEET ALONG SAIQ WEST LINE TO THE TRUE POINT t3F BEGINNING. Fr~pareell?y: ti°:~ . ll~u las ~c~ ° at+~n PIr84J87 s ~ t~ulin and l3crynton r ~ / ~~IIIL14ir ~tIPifi'E _ ' Li ~..~la~~ ' 3il;nal 1{ill, CA 9Q755 ~i X552} 42b-6~164~ ~s~:~~~ ~ ~ ;x ~7~s~ ~`t~,`~' ~ru ; ~ - !~`s l`,.~ l'V 74Y $ A~~tF9a~~-~-. Y1uf ~'~~y fii ~-~,e~~a4,1 A~ is ~ EAST 50th STREET- • ,,.o.,. ~ ~ ~ sa~.a~t' . A~75.5t _ ~ ~ 457.73 , ~ ~$7.7~ - ~ - . , ~ ~ 47S.~T .1 r ~ 457.7' ` ~t"=.:'% ~ 387.70` ~ EAST ~ e:.. ~ ~ Y37.72" ~ E pp ~ w ~ ~ w RSZ'O.Op ~ ~a• u> ~ f w ~ Irv L=37.46 „ ~ ~ ~ o , t, ~Q ~ ~~j j~~j 34.4t~` ~ ~ ~ - l~ , ~ ~ yam- ~l ,rya G ~ r~L=tl~l71~~lL~l~ EAST i~ I3~1U"~~1~~ ll ~ ~ i~ ~ T.P.O.t~. ~ 7`~' Row o~ 4os a~rac~~ts ~ c~ o a ~t o ~ ~ t,- r;~j y ~)NCTiON RAttw~AY°~ ~~A' ° ° ' C7 u's L6 t E~ m 'r~ ~ 8K47S2/265 fl.R. ~ ~ ~ ~ C>. r~,~ ? ~ ~ i 3=; ~ { j j ~ F$~5 w ~ '•v - ~ ~...r~.. ` . P,O.C.T 620.3 ~ IS6~$~ 5"~"?~ x s 7 _ H5v c '•Y ' W 'F fl c wl , ~ ~ ~ ~ _ t 1 ~ . ~ ..n alas 7'43"~ ~ ~ ~ ~ ~3 ~f~ ~a~.~~~ ~ m¢ ~=at7.oa L=31.37 60t) 33 Nfl@ 58 55 w I 660 28' ~ , . - I l -.v_ . _ _ . ~ 86.27' ~ _ 66t~.27' / 188{x.81' M89"5$'55"W FRUITLANQ AVENUE i~`~~;3 ILfNE LEN~THI BEARING _ I. tt~ ,116, 145 ~Q, FT• ~fifi A?C~ i-~ tr ooi i• o ~ t `ut Scale ! 200' i,~~ s rr~~• se F t - L'?) 14, 331 hr,~i•U, t-SF1 i~t_SI 16. 9-11 hCO•pl c ':i } l_51 G0. E.7~ S99'Sd' ~5'EI NC7TE5: - Ti_~i ~ ~,'I `;co•i~: r,,uj l_,i tF ~.,I ~o•o ,~wi 5 i2.V~` PIL~C?~fl~! ~3M1fP ~ R~P~i~ TC? i~COS~D t~~ ~ i~~1~~~r~_~~~~~~~,~ 5a' h~u~ b> > ~a' 00~ ! 9 i PAGE 20 UE RECCJ1~C33 '%a 11 i~:ro s~~~ a~ 5s~ E~ 01" SURVEY AS C?C?CUfuIENT NQ. 0~-~55 I I ~}9. '4~Nb sd~ P.l.C2. !S "Pf~UPE~;IY kfd C~UESTIC~N" AS U~SCRIBED IN ti~f~l1" "A- l " ~ ~ twucu? a~ ly.~''."~. E~ "N~.37 A' Pf~~.'T° * EX P 10 d~ ~ #387 ,4 EXHIBIT C LEGAL DESCRIPTION NEW OWENS PROPERTY FIRST PARCEL 5 01910/0053 185714,2 EXHIBIT "C-1" ADDITIONAL O-I PARCEL Legal Description 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, AND ALSO SHOWN AS PARCEL 3 AND PARCEL 4 ON RECORD OF SURVEY FILED IN BOOK 191, PAGE 20 OF RECORDS OF SURVEY, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 3, AS SHOWN ON SAID RECORD OF SURVEY, THENCE, SOUTH 89°58'55" EAST, 620.37 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 3, SAID POINT ALSO BEING THE NORTHWEST CORNER OF SAID PARCEL 4; THENCE, SOUTH 89°58'55" EAST, 660.37 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 4; THENCE, SOUTH 00°05'06" EAST, 291.50 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 4; THENCE, NORTH 89°58'55" WEST, 660.28 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 4, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF SAID PARCEL 3; THENCE, WESTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL 3, NORTH 89°58'55" WEST, 600.33 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 20.00 FEET; THENCE, NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89°51'43", AN ARC LENGTH OF 31.37 FEET TO A POINT ON THE WEST LINE OF SAID PARCEL 3; THENCE, TANGENT TO LAST MENTIONED CURVE, NORTH 00°07'12" WEST, 271.55 FEET TO THE POINT OF BEGINNING. Prepared by: ~y~,9 LAND s~~ Douglas Bo ton, PLS4787 T- ,a DOUGLAS A. BOYNTON Dulin and Boynton * EXP. 30 SEP 10 729 E. Willow Street Ls. a~e~ ti`° Signal Hill, CA 90755 ~04~ (562) 426-6464 of CAL1 EXHIBIT "C-2" ADDITIONAL O-I PARCEL Sketch to Accompan~Legal Description EAST 50th. STREET 1981.41' EAST ~ 475.51 457.73 = 0 387.70 I ~ 415.47' WEST `i 457.72' EAST 1` 387.70' EAST ~ 40' 40' , D=90'0712" ~ w R=20.00 P I P w P w L=31.46 P• . _o f~ o r, ~ o n/~n~• n 34.40' °o~j ~ ~ ~~~n• n ° 1__. N N ~ l~/r~llf~ll~~L~ EAST ~ Z I LS oo U'G=,1W~~L~ ~ N ~ W W pl o N ~ 1T ROW OF LOS ANGELES o °o I ~ Z /yW/~. O ~ ~c CD o JUNCTION RAILWAY °o ~ a ~ O uJ 1.1. O u-i L6 LS rn 184.38' ~ rf o& BK4752/265 O.R. p Z ~ L2 ~ L4 J S89'S8'55"E ~ z I ~ ~ ~ Z L11 N89'58'55"W - - 387.70' N89'58'55"W "a O w ~ 3 P.O.E~ Qs2o.~~' s'~'sa~ a's~ ~ - sso. s~~5a's~s"~E ~ ~ ~I.~ l... N ^ ® a ~ O o ~ o ~ MO ~ Lf~ Z ~ \ Z N ~ W O N ~=89'51'43' . R=20.00 N N i L=31.37 1 r - 600.33' N89'S8'55"W -1 - 660.28' N89'58'55"W ~ ~ j Mol _ _ 660.27' of - 660.27' M ~ . 1980.81' N89'58`55°W FRUITLAND .AVENUE ~OQcLf ~ LINE TABLE LINE LENGTH BEARING P. L Q. 373, 224 SQ. FT. 8. 568 AC. a la. oo Noo°o7' lz•w Scale I 200' L2 ea, ss se9° se' ss• E L3 14, 33 N00° O1' OS' E L4 z9, 19 S89° s8' S5' E Ls 16, 94 N00° O1' OS' E L6 60, 67 S89° s8' ss' E NOTES: L7 9. z7 soo°ol'os•w LB 32, 30 S89° 58' ss' E L9 16, DO S00° O1' O5' W PARCELS I , 2, 3 AND 4 REFER TO RECORD OF uo z. 6e Noo°o7' 1z'w SURVEY FILED I N BOOK 191 PAGE 20 OF RECORDS u l 11. oo se9° ss' ss' E OF SURVEY AS DOCUMENT NO. 04-258 1149. y~9 LAND sG P.I.Q. IS "PROPERTY IN QUESTION" AS DESCRIBED IN ,w'S ~ EXt11BIT "C- I " v ~ N DOUGLAS NTON ~ N.A.P. IS "NOT A PART" * E sEr 10 L.S. 4787 ~h~ '9~,~ ~F C AL1~o~ EXHIBIT D LEG1~L DESCRIPTION NEW OWENS PROPERTY SECOND PARCEL 6 01910/0053 185714.2 EXHIBIT "~~-1" 0-1 PARCEL L~ga~ Des~cr~r#it~n THOSE PORTIONS OF LOT 30 AND 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 OFMISCELLANEOUS - RECORDS, AND ALSO BEING A PORTION OF PARCEL 2 ON RECORD OF SURVEY FILED IN BOOK 191, PAGE 20 OF RECORDS OF SURVEY, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 2, AS SHOWN ON SAID RECORD OF SURVEY, THENCE, NORTH 00°07'12" WEST, 14.00 FEET ALONG THE WEST LINE OF SAID PARCEL. 2; THENCE, SOUTH 89°58'55" EAST, 83.55 FEET; THENCE, NORTH 0°01'05" EAST, 14.33 FEET; THENCE, 50UTH 89°58'55" EAST, 29.19 FEET; THENCE, NORTH 0°01'05" EAST, 16.94 FEET; THENCE, SOUTH 89°58'55" EAST, 60.67 FEET; THENCE, SOUTH 0°01'05" WEST, 9.27 FEET; THENCE, SOUTH 89°58'55" EAST, 32.30 FEET; THENCE, SOUTH 0°01'05" WEST, 16.00 FEET; THENCE, SOUTH 89°58'55" EAST, 184.38 FEET; THENCE, NORTH 0°0712" WEST, 2.68 FEET; THENCE, SOUTH 89°58'55" EAST, 11.00 FEET; THENCE, NORTH 00°07'12" WEST, 116.73 FEET PARALLEL WITH THE WEST LINE OF SAID PARCEL 2; THENCE, EAST, 34.40 FEET; THENCE, NORTH 00°0712" WEST, 161.15 FEET PARALLEL WITH THE WEST LINE OF SAID PARCEL 2, TO A POINT ON THE NORTH LINE OF SAID PARCEL 2; THENCE, EAST, 457.72 FEET ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID PARCEL 2; THENCE, SOUTH 00°05'06" EAST, 300.71 TO THE SOUTHEAST CORNER OF SAID PARCEL 2; THENCE, NORTH 89°58'55" WEST, 893.04 FEET ALONG THE SOUTH LINE OF SAID PARCEL 2 TO THE TRUE POINT OF BEGINNING. Prepared by: I;AND S Douglas Bo nton, PLS4 87 ~ '~c+ DOUGLAS A. 80YNTON DUlln and Boynton EXP. 30 SEP 10 ~ 1 729 E. Willow Street '~J, ts. 4a~r' ~°j , Signal Hill, CA 90755 cs~ (562) 426-6464 C~ fi C ~+L S'~ EXH~~~T ~~~s~r~ 0-1 PARC E L .Sketch to Accompany Legal Description EAST 5®th STREET N 1981.41' ~ 475.51 457.73 s;AST - gyn. ~ .387.70 f 7 ~ 415.47' WEST `l 457,72' EAST. 387.70' EAST ~ ~ ti ~90'0T12" ~ 40` R~' ~u R=20.00 ~ ~ r p N L=31.46 ` 'P. h, m P•' `N_ ~ N a N G°~Qf~C~L~L~ E:hST ~ ~ P o G°~l~G°~C~C~~ ~ ~ 3 !1,! t r to M W O w ~ 1 ~ 17' ROW OF LOS ANGELES ~ O ~ LB L8 0, 784.38 ` ~Gj` ~ el,UNOTION RAILWAY QQ °o, ~.~O ~Z Z I -i ~ ~ { - ~ CtK4752/265 O.R. r~ ~ r.~ _ ;S1 ~ i ~ ~ - "q, , ,a5..]„ C- ~ ~ ~ Z _ _ 7.70 3a s se ss"w ~ P.~.ki 6::O..iT ~ , ~ ~ N6 1-- ~ ~ ~ ~3 ~ w ~ J C? O ~ ~ ~ C;7 ' 4T t , + O nFS~_,~•4~ ~ iv R -2+1,p4,+ ~ N r L 31.37 ~ nOt7.:,3' N89 5ti a`i"1'1 ` ~ 660.28 NB9'58'5S"W ~ ~ ~ ~ 660.27' ~ ~ 660.27`- ~f~` 1980.81' N89'58'S5"W FRUITLAND AVENUE - [11J~~3~i;3 E~~I~ LINE T;4BLE~ ' LINE LENGTH BEARING , ~c.ui~. t 2~~(~` P. I. Q. 15z, 221 SQ. FT. - 3. 495 AC. L1 14, 09, Noo° 07•.12„~. L2 ea. ss se9~ se' ss' E L3 14...33 N00' 01' OS' C L4 29. 19 S89° SE3' S5' ~ LS 16. 94 N00° OI' OS-E, NOTES: L6 60, 67 589 ~0.,55'E, L7 9...2.7. S00' Ol'-OS'_W L8 32,3Cf ~~569'S8'S5'E PARCELS I , 2, 3 AND 4 REFER TO RECORD OF L9 -lc° oo ~~oo° o~ os• w L]0 2.68 ~N00'0T 12'W SURVEY. FILED IN BOOK 19 I PAGE 20 OF RECORDS ~ - z 1. SH9• ss- s5' OF SURVEY AS DOCUMENT NO. 04-2581 149. P.I.Q. 15 "PROPERTY IN QUESTION" A5 DESCRIBED IN ~ EXHIBIT "B- I " r,'~' DOUOUS N1"tlN t~ ~ ~ N.A.P. IS "NOT A PART" * ~x a ~ l..s. K787 c I 20090727745 IIII~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIIIIII~I 'o~,a IIIIIIIIIIII0111IIIIIIIIIIIII~IIIIIIII1111111II1111111III1111111III1111111IIIIIAIIIIIIII I VIII I VIII VIII IIII VIII IIII VIII I IIII I III II I II0I III VIII I911IIIII ICI IIII INIIOIIIIIIBIIIIIIIIIIIIFI~IBIII miiiiiiiiiiimimimiuiimoioiminimiiioiiiiiin ~ imiiiioimiiiiaaia~iaimiiinouiiiinuiiuiimin ~ Recording requested by: North American Title Company When recorded mail to: oyilsi2oo9 City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 *2009~~2~745* Attn: Jeff A. Harrison City Attorney Order No. 6022816-62 Escrow No. 233571-TD THE SPACE ABOVE IS FOR RECORDER'S USE TITLE(S) OF DOCUMENT EASEMENT AGREEMENT "This document has been signed and executed in counterparts, each of which shall be deemed an original and together shall constitute a single instrument." Portion of Assessors Identification Number (AIN): 6303-029-015 7 RECORDING REQUESTED BY and WHEN RECORDED MAIL TO: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attn; Jeff A. Harrison, City Attorney MAIL TAX STATEMENTS TO: Exempt THE SPACE ABOVE IS FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX IS NONE -VALUE AND CONSIDERATION LESS THAN $100.00 EASEMENT AGREEMENT 1~ This Easement Agreement (the "Agreement") is entered into this ~ day of M~, 2009, by and among the City of Vernon, a California municipal corporation ("City") and Owens-Brockway Glass Container Inc., a Delaware corporation ("OI"). RECITALS: A. The City is the owner of certain real property located at the southeast corner of 50`" Street and Soto Street in the City of Vernon, County of Los Angeles, State of California, legally described on Exhibit A-1 and depicted on Exhibit A-2, each of which is attached hereto and incorporated herein (the "City Parcel"). B. OI is the owner of certain real property located east of the City Parcel and south of SOt" Street in the City of Vernon, County of Los Angeles, State of California legally described on Exhibit B-1 and depicted on Exhibit B-2, each of which is attached hereto and incorporated herein (the "OI Parcel"). C. The City desires to obtain a new non-exclusive easement for vehicular and pedestrian traffic to and from the City Parcel on, over and across a portion of the OI Parcel which is legally described on Exhibit C-1 and is shown on the drawing on Exhibit C-2 attached hereto (the "Easement Area"). E. OI is willing to grant and convey to the City, and its successors and assigns, for the benefit of the City Parcel, anon-exclusive easement allowing vehicular and pedestrian access on, over and across the Easement Area upon and in accordance with the terms and conditions 1 01910/0053 186586.4 7 contained herein. ARTICLE 1 EASI?JMENT 1.01 Grant of Access Easement. Upon and subject to the terms hereof, OI, for itself and all its successors and assigns, hereby grants and conveys to the City, and its successors and. assigns, for the benefit of the City Parcel, an appurtenant, perpetual and non-exclusive easement for the use, construction, installation, operation, access, maintenance, repair and replacement of an access road on, over, in, under, and across the Easement Area located on the OI Parcel ("Access Easement"). The Access Easement shall be solely for the benefit of the owner of the City Parcel, and shall not be dedicated or used as a public right of way. ARTICLE 2 USIJ OF EASEMENT 2,01 Use of Easement. OI agrees, on behalf of itself and its successors and assigns that: (a) OI shall not use, or permit any other party to use, the Easement Area in any way that violates the terms of this Agreement; and (b) OI shall not construct or install any building, structure, fence, foundation, or other improvement on, over, in, under, or across the Easement Area or block or make impassable the Access Easement ("Prohibited Improvement"). The City acknowledges that the Easement Area contains underground utilities, and that OI reserves the right to install, repair, replace, and remove such existing, replacement, and additional utilities, and the same shall not be considered to be "Prohibited Improvements" for purposes of this Agreement. 2.02 Repair, Replacement and Restoration. The City agrees, on behalf of itself and its successors and assigns, and at its or their sole cost and expense, to repair and replace any damage to the Easement Area caused by the City, its agents, employees, contractors, or subcontractors in the exercise of its or their rights under this Agreement and to restore the same to their condition prior to the damage; provided that such obligation shall not apply to any Prohibited Improvement. All such repair, replacement, and restoration performed by or on behalf of the City hereunder (a) shall be commenced within a reasonable time after the need for such arises, (b) shall be prosecuted with all due diligence and dispatch, (c) shall be carried on in such a manner that will not interfere with OI's use and enjoyment of the remainder of the OI Parcel (excluding the Easement Area), and (d) shall be performed in a good and workmanlike manner, in full compliance with all building codes and other applicable laws and governmental rules and regulations. Except as may be specifically provided herein, OI in no way assumes, nor shall OI have any obligation or responsibility whatsoever for, the maintenance, repair, or replacement of the Easement Area or for the uses set forth in Article I except as provided herein. 2.03 Liens. The City shall not permit to exist or otherwise to be enforced against any portion of the Easement Area, any mechanics', materialmen's, contractors' or other liens (collectively, the "Liens") arising out of the acts or omissions of the City hereunder: The City 2 O l 910/0053 186586.4 hereby indemnifies and agrees to hold OI free and harmless from all liability for any and all such Liens, together with all costs and expenses, including, but not limited to, attorneys' fees and court costs reasonably incurred by OI in connection therewith. If any such Liens shall at any time be recorded against the Easement Area or any portion thereof as a result of the foregoing, and the City shall fail, within thirty (30) days after such recording, to either (i) pay and discharge the underlying claim and cause a lien release to be recorded or (ii) furnish to OI a surety bond or other security reasonably satisfactory to OI protecting OI against liability for such Lien and holding the affected property free from the effect of such Lien, then OI may, but shall not be obligated to, take such action or pay such amounts as may be necessary to remove such Lien, and the City shall immediately pay OI the amount so expended by OI, together with interest thereon at a rate of ten percent (10%) per annum accruing from the date of such payment by OI until paid in full by the City. 2.04 Condition. The City accepts the Easement Area in its "AS IS" condition. OI makes no representation or warranty as to the condition of the Easement Area and has no obligation to maintain or pave the Easement Area. The City and any successors to the City's rights under this Agreement shall have the option, in their sole discretion, to pave the Easement Area, at the City's or its successor's sole cost and expense. Any such pavement shall take into account and provide appropriate storm drainage for surface water in the Easement Area. To the extent that the City paves the Easement Area, and OI requires access to any underground utilities located or to be located in the Easement Area, OI shall promptly repair any damage to the pavement and return such pavement to its pre-existing condition, all at OI's sole cost and expense. Except to the extent caused by the negligence or willful misconduct of OI or its successors or assigns, or any of its or their agents, representatives, employees, tenants, customers, guests, licensees or invitees (collectively, and including OI, the "OI Parties"), the City hereby agrees that the OI Parties shall not be liable for, and are hereby released from any responsibility for, any damage to property or injury to persons sustained by the City or its successors or assigns, or any of its or their elected officials, staff, employees, agents, successors, assigns, and representatives (collectively, and including the City, the "City Parties") resulting from the use or loss of use of the Easement Area. 2.05 Limitation of Liability. No City Party shall be liable to any OI Party, and no OI Party shall be liable to any City Party, and neither the City Parties nor the OI Parties shall be liable to any third party for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise in connection with or arising out of or related to the existence, use, or loss of use the Easement Areas. The terms of this Section 2.05 shall prevail in the event of any conflict with any other provision of this Agreement. ARTICLE 3 MISCELLANEOUS PROVISIONS 3.01 Indemnification of OI. The City, for itself and its successors and assigns, hereby 3 01910/0053 186586.4 agrees to indemnify, defend, and hold harmless the OI Parties from and against any and all liabilities, obligations, injuries, losses, damages, liens, expenses (including, but not limited to, reasonable attorneys' fees and court costs, and costs of experts and witnesses), claims, demands, actions, or causes of action of whatever kind or nature caused by or arising out of or in connection with any loss or damage to property or injury or death to persons arising out of or resulting from (a) the acts or omissions of the City on or about the Easement Area in connection with the exercise of any rights under this Agreement by the City; or (b) the City's breach of any agreement, covenant, or condition contained herein; except in each instance to the extent caused by or arising out of the negligence or willful misconduct of the OI Parties. The obligation to indemnify hereunder shall include the obligation to defend the OI Farties with counsel reasonably acceptable to OI, and to provide such defense without first requiring OI to undertake its defense or expend funds. The indemnity set forth herein shall survive the termination of this Agreement and shall be binding upon the City, its successors and assigns. 3.02 Insurance. At the City's expense, the City shall maintain a policy or policies of liability insurance covering the City's use of the Easement Area in an amount of at least Two Million Dollars ($2,000,000) for each occurrence, with deductibles of no more than Fifty Thousand Dollars ($50,000) for each occurrence, and naming OI as an additional insured. From time to time, but not less frequently than once per year, the City shall provide OI with evidence reasonably satisfactory to the OI that the City has the insurance coverage required by this Section 3.02 and that OI is an additional insured thereunder. Notwithstanding any provision of this Section. 3.02 to the contrary, the City and its agencies (including the Redevelopment Agency) shall be permitted to self-insure the coverage required by this section, and such other successors and assigns of the City shall also be permitted to self-insure with the prior written consent of OI first obtained (which consent shall not be unreasonably withheld or delayed). 3.03 Injunctive Relief. In addition to other rights and remedies hereunder or at law or in equity, and without limitation of any of the foregoing, each of the parties hereto shall be entitled to enjoin any breach or threatened breach by any other party hereto of any covenant, agreement, term, provision, or condition hereof. 3.04 Binding Nature. This Agreement, and all of the terms and conditions contained herein, shall bind the parties hereto and their respective successors and assigns, and. shall be deemed to run with the land and bind and inure to the benefit of the City Parcel, the OI Parcel, and the Easement Area, and all respective appurtenances thereto. 3.05 Severability. This Agreement is intended to be performed in accordance with, and only to the extent permitted by, applicable law. If any provision of this Agreement, or the application thereto to any party or circumstance shall, for any reason and to any extent, be invalid or unenforceable, such provision shall to that extent be omitted, and the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby, .but rather shall be enforced to the maximum extent permitted by law. 3.06 Relationship of the Parties. Nothing contained herein shall be deemed or construed by the parties hereto, or by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and 4 O 1910/0053 186586.4 agreed that no provision contained herein, nor any acts of the parties hereto, shall be deemed to create any relationship between the parties hereto other than the relationship of easement grantor and easement grantee. 3.07 Captions. The captions in this Agreement are for convenience only and shall not be deemed to be a part hereof. 3.08 Exhibits. Exhibits A-1 and A-2, B-1 and B-2, and C-1 and C-2 are incorporated herein by reference. 3.09 Attorneys' Fees. If the City or OI brings any legal proceeding in connection with or arising out of this Agreement, or to interpret or enforce any of the terms, covenants or conditions hereof, the unsuccessful party in such proceeding shall pay the prevailing party's costs and expenses, including reasonable attorneys' fees, incurred in the bringing or defending of such proceeding. 3.10 Amendment. This Agreement may not be modified or amended except by a written agreement duly executed by the parties hereto or by their respective successors or assigns, as the case may be. 3.11 Recording. This Agreement shall be executed in recordable form and either party shall have the right to record, at its expense, this Agreement among the Official Records of the County of Los Angeles, State of California. 3.12 Interpretation. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Each party has participated in negotiating and drafting this Agreement, so if an ambiguity or a question of intent or interpretation arises, this Agreement is to be construed as if the parties had drafted it jointly, as opposed to being construed against a party because it was responsible for drafting one or more provisions of this Agreement. 5 O l 910/0053 186586.4 ..The parties have executer} this Agreement ~on the dad: set fortka below their signatures. CITY OF VERNCJN Hilaria Gonzales; Mayor Approved As to Form: , sy: Je n, City At`tnrney~ Date; WENS-SRDC~WAY' GLASS corrTArnr~I~ n~c. By: Its: Elate: sy: Its: Date: PVlqC7~la11I41a=11_9saao_ns7{nGR]PWIn7lanpc' 6 R19i 4/W53 1S6S$6.4 ATTEST: By: anuela Giron, i y Clerk 6a The parties have executed this Agre~ennent ~on the set forth below their signatures. CITY OF VERNOl`I ~By: Hitaria Gonzales, Mayo .Approved As tar Form: By: JeffA..Harrison, City Attorney Date: WENS-BFLOC~.WAY GLILSS CQS~1'TAINEIt INC. B ichard Cr wford ItS: Senior Vice Preside Date:_ ~A~[ t 1 ~ 2c~o~ sy: John E. Mauntler Its: Assistant Secretary Date: n~`~I t 1 ~ 2CX~cj P_VIgCA,Ilo111V10171_9s7m'1t~11~G11?PWIn6n.npl• U 0.19 i OFOtJ53 l SfS$6,4 STA'L'E OF QHIO ) } SS: ' COUNTY OF WnQ.D ~ } The foregoing instivrnent was acknow7ed~;ed before me Y.his. day of , ~~Q~, , ~llL' OW011.5-Brockway Calass Cantailler Inc., a Delaware corporation, on bek~alf of the corporation. Notaaty Public - .STATE fJF CALIFORNIA } } SS. COUNTY dF LpS-ANGELES } OIV~ ~ i"~ ~ I , ~0~ BEFQRE ME, ~,~t,ct~ Q G~ , A NQTARY PUBLIC, PERSQNALLY APPEARED - ~i l~ ~ t D ~'7 61~i 2a ~ , vv~I~ PRC3VED TO ME Uhi THE BASIS pF SA.'~ISFACTQRY EVIDENCE TO BE THE PERSf3N WHQSE NAME IS SUBSCRIBED Tp THE QVITHIN INSTRUMENT ;ANl7 ACKNOW'LEDGE'D TO ME THAT HE E~CLJTED THE SAID IN HIS AUTHQRIZED CAPACITY, AND THAT BY HIS SIC3NATURE~ Qri THE INSTRUIVIENT, THE PERSil1V, OR THE ENTITY UPQN BEHALF OF '~irHiCH THE PERSaN ACTED, E~CUTED THE INSTRUMENT.. . I CERTIFY UNDER PENALTY ~F PERJUT~Y UNDER THE LAVi~S QF THE STATE OF CALIk`ORNIA~'I'HA'I' THE FC?RE?GGTNG PARAGRAPZ3 IS TRUE AND CQRREGT. WITN~ SS MY HA~TI3 ,AND 4FFlCIAL SEAL. MANUELA GIRON {~OtaT~+ Signatttt~} < Commission # 1411388 z . .Notary Public -California m ~ „ tos Angeles County My Comm. Expires Nov 4, 2009 fl 191 UlOOS3 3'8GS86:4 STATE OF aHIO ) y ss: COUN~'Y of Vl~ooD } The fnregbing instrument was acknowledged before me this, ~ l ~ day of May , ~~3Qg, bsr L. Richard Crawford ~ a Senior Vice President Of OWe1~9=$rQClCway Glass Gantauxer Inc., a,Delaware carporatian, on behalf of the cQrparation. . Notary iBl Pg gB~O ~a~~ ~V~ sm~ _ d~:°~\ I I r%~i~~~. cr~i~ J. LIAR! Fi®RSTE~ ~~~m &UOf~ly F'Ub6iG, X19 of Ohio ~®F~®~00~ ~y CO~mis0E0ra i~0 ~tpi~ati0n Date ~ AB®6B ps,,C a, STATE OF CALIFORNIA ) } SS. COUNTY OF LOS~ANGELES ) ON' , 20 BEFQRE ME, ES. NQTARY PUBLIC, PERSQ~NALLY APPEARED VLWHt} PI~.QVED TO ME QN THE BASIS pF SATISFACTQRY EVIDENCE TO BE THE PERSON WHOSE NAIVIE IS SU$SCRiSED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE E~CLIT.EI7 THE SAME IN HIS AUTHORIZED CAPACITY`, AND THAT BY HIS SIGNATURE OIV THE INST`RiJTvIENT, THE PERSO!7.V, f,}R THE ENTITY UPON BEHALF OF WHICH THE PERSON ACTED, EXECUTED THE INSTRIJII~ENT. I CERTIFY UNDER PENALTY GF PERJURY UNDER'THE LA.'S~iTS OF THE STATE C3F GALIk`ORNIA THAT THE FQ~RE?G()IN~r PARAGRAPH IS TRUE AND CORRECT. V~ITNESS MY HAI~I3 .AND OFFICIAL SEAL. {NtitarY Signatucie} 7 o i 9~ aoasa 3~~sb:a STATE OF OHIO ) SS: COUNTY OF WOOD ) The foregoing instrument was acknowledged before me this ~ ~~day of May, 2009, by John E. Mauntler, an Assistant .Secretary of Owens-Brockway Glass Container Inc., a Delaware corporation, on behalf of the corporation. Not Pu - ~aoeeeaaseea®aa Q' os~g1. ~®~r~ public, Stato of Ohio °°°~~ij:~ •®F e®0~m°° ~y Commissioo Wes No E.~plrotlon Date yea®os C~ CERTIFICATE OF ACCEPTANCE This is to certify that the easement conveyed by that certain Easement Agreement dated May C ~ , 2009, from Owens-Brockway Glass Container Inc., a Delaware corporation, for an easement over City of Vernon's property located at the southeast corner of SO1h Street and Soto Street, City of Vernon, County of Los Angeles, State of California (APN 6303-029-015), is hereby accepted by the undersigned officer(s) on behalf of the City Council of said City pursuant to authority conferred by Resolution:No. -9897 ' of the City Council of said City adopted on March 23 2009 and the City .consents to the recordation thereof by its duly authorized officer(s). Date: ` The City of Vernon By: ~e,~~ Name: Hilario Gonzales Title: Mayor ATTEST: anuela Giron, Cit erk APPROVED S TO FORM: Na of .Harrison Titl . ity tt rney 1 0191070053 188739.1 EXHIBIT "A-1" CITY PARCEL Legal Description THAT 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, AND ALSO BEING A PORTION OF PARCEL 2 AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 191, PAGE 20 OF RECORDS OF SURVEY, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WITHIN THE FOLLOWING DESCRIBED PARCEL OF LAND: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 2, AS SHOWN ON SAID RECORD OF SURVEY, THENCE, NORTH 00°07'12" WEST, 14.00 FEET ALONG THE WEST LINE OF SAID PARCEL 2 TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE, SOUTH 89°58'55" EAST, 83.55 FEET; THENCE, NORTH 0°01'05" EAST, 14.33 FEET; THENCE, SOUTH 89°58'55" EAST, 29.19 FEET; THENCE, NORTH 0°0.1'05" EAST, 16.94 FEET; THENCE, SOUTH 89°58'55" EAST, 60.67 FEET; THENCE, SOUTH 0°01'05" WEST, 9.27 FEET; THENCE, SOUTH 89°58'55" EAST, 32.30 FEET; THENCE, SOUTH 0°01'05" WEST, 16.00 FEET; THENCE, SOUTH 89°58'55" EAST, 184.38 FEET; THENCE, NORTH 0°07'12" WEST, 2.68 FEET; THENCE, SOUTH 89°58'55" EAST, 11.00 FEET; THENCE, NORTH 00°07'12" WEST, 116.73 FEET PARALLEL WITH THE WEST LINE OF SAID PARCEL 2; THENCE, EAST, 34.40 FEET; THENCE, NORTH 00°07'12" WEST, 161.15 FEET PARALLEL WITH THE WEST LINE OF SAID PARCEL 2, TO A POINT ON THE NORTH LINE OF SAID PARCEL 2; THENCE, WEST, 415.47 FEET ALONG THE NORTH LINE OF SAID PARCEL 2 TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 20.00 FEET; THENCE, SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°07'12", AN ARC LENGTH OF 31.46 FEET TO A POINT ON THE WEST LINE OF SAID PARCEL 2; THENCE, SOUTH 00°07'12" EAST, 266.39 FEET ALONG SAID WEST LINE TO THE TRUE POINT OF BEGINNING. Prepared by: ~y~9 LAND S~+P ~ v L'~`',,e, Douglas Boy'ton, PLS4787 v ~ DOUGLAS A. BOYNTON ~ DUhri arld BOyntori * EXP. 30 SEP 10 729 E. Willow Street NJ• L.S. 4787 ti Signal Hill, CA 90755 (562) 426-6464 °F c AL~~o4 EXHIBIT "A-2" CITY PARCEL Sketch to Accompany Legal Description EAST 50th STREET N 1981.41' EAST 475.51 457.73 387.70 \ i ~ ~ 415.47 WEST 457.72' EAST ~ 387.70' EAST _ "i ~ 40' 40' , A=90'0712" N - w R=20.00 Q \ Q' ~ w L=31.46 o P•` o ~ P° 'u~i \ ~ P w ~ ~ O ~ t1~/r-~1U11~~L~ 3EAST ~ z G/ °o I1~Li-~1\vUl~~~L~ ll ~ W ~ / ~ ~ ~ O = W i~ ~ T. P. 0. B. ~ ~ ~ ~ o ~ 1T ROW OF LOS ANGELES o 0o p Z W 0 ~ `D ^o ~ JUNCTION RAILWAY °o ° O W O w L6 L8 ~ 184.38' ~'1J os BK4752/265 O.R. 1° O Z ~ L2 J J J J S89'58'S5"E ~ z ~ ~ ~ Z L11 ~ ( N69'S8'55"W - 387.70 N89'58'S5"W V! _ ~ . 1 1 P.O.C. 620.37 ~ 588'55"E,~ "7 - 6r~ ~ Nr~'58'5~5"W '7 iV ~ ~ O \V o O O u~ ~ ~ z ~ P' o ~ PP ~ ~ m n D=89'51'43 c~ R=20.00 a L=31.37 1 I 600.33' N89'58'55"W ~ - 660.28' N89'58'55"W ~ ~ j r°~I 660.27' M~ - 660.27' ~ 1980.81' N89'58'55°W FRUITLAND .AVENUE ~~Q~~ LINE TABLE LINE LENGTH BEARING P. I . Q. 116, 145 SQ. FT. 2. 666 AC. L 1 14. oo Noo° 07' lz' w Scale I 200' L2 63. ss ses° ss' ss' E L3 14, 33 N00° O 1' OS' E L4 29. 19 S89° s8' Ss' E LS 16. 94 N00' O1' Os' E L6 60. 67 S89° 58' S5' E NOTES: L7 9. z7 soo°ol' os'w LB 32. 30 S89° 58' S5' E L9 16. 00 S00' O1' OS' W PARCELS I , 2, 3 AND 4 REFER TO RECORD. OF uo e. 6s Noo°o7' lz'w SURVEY FILED IN BOOK 191 PAGE 20 OF RECORDS L11 11. oo ses°se'ss'E OF SURVEY AS DOCUMENT NO. 04-258 1149. ~~9 ynNn sG~ P.I.Q. IS "PROPERTY IN QUESTION" AS DESCRIBED IN k>{ EXHIBIT "A- I " v ''4 ~ DOUGLAS A. YNTON ~ N.A.P. IS "NOT A PART" * (E~~x EP 10 i~1 .S. 4787 ti 0'4~ 0~,+ C Ay1~ EXHIBIT "B-1" O-I PARCEL Legal Description THOSE PORTIONS OF LOT 30 AND 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,.AND ALSO BEI(VG A PORTION OF PARCEL 2 ON.RECORD OF SURVEY FILED! IN 30OK 191, PAGE 20 OF RECORDS OF SURVEY, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 2, AS SHOWN ON SAID RECORD OF SURVEY, THENCE, NORTH 00°07'12" WEST, 14.00 FEET ALONG THE WEST LINE OF SAID PARCEL 2; THENCE, SOUTH 89°58'55" EAST, 83.55 FEET; THENCE, NORTH 0°01'05" EAST, 14.33 FEET; THENCE, SOUTH 89°58'55" EAST, 29.19 FEET; THENCE, NORTH 0°01'05" EAST, 16.94 FEET; THENCE, SOUTH 89°58'55" EAST, 60.67 FEET; THENCE, SOUTH 0°01'05" WEST, 9.27 FEET; THENCE, SOUTH 89°58'55" EAST, 32.30 FEET; THENCE, SOUTH 0°01'05" WEST, 16.00 FEET; THENCE, SOUTH 89°58'55" EAST, 184.38 FEET; THENCE, NORTH 0°07'12" WEST, 2.68 FEET; THENCE, SOUTH 89°58'55" EAST, 11.00 FEET; THENCE, NORTH 00°07'12" WEST, 116.73 FEET PARALLEL WITH THE WEST LINE OF SAID PARCEL 2; THENCE, EAST, 34.40 FEET; THENCE, NORTH 00°07'12" WEST, 161.15 FEET PARALLEL WITH THE WEST LINE OF SAID PARCEL 2, TO A POINT ON THE NORTH LINE OF SAID PARCEL 2; THENCE, EAST, 457.72 FEET ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID PARCEL 2; THENCE, SOUTH 00°05'06" EAST, 300.71 TO THE SOUTHEAST CORNER OF SAID PARCEL 2; THENCE, NORTH 89°58'55" WEST, 893.04 FEET ALONG THE SOUTH LINE OF SAID PARCEL 2 TO THE TRUE POINT OF BEGINNING. Prepared by: ~~~9 LAND s~~ Douglas Boynton, PLS4 87 ooucLas a. BOYNTON Dulin and Boynton * EXP. 30 SEP 10 729 E. Willow Street L.S. 4787 Signal Hill, CA 90755 (562) 426-6464 9~~ of C ALZ`~o`~' EXHIBIT "B-2" O-I PARCEL Sketch to Accompany Legal Description EAST 50th STREET ~ N 1981.41' EAST 475.51 457.73 0 387.70- \ I I 415.47 WEST 'i 457.72' EAST 1` 387.70' EAST - ~ 40' 40' 1 A-=90'0712° N w - - w R=20.00 P ~ w _ o iv L=31.46 A\ ° ~ - io u'~ 3 0 0 00 EAST o no o ~ N N ~ ~lr-~11f11~~L~ 34.40' , Z G~ N ~/r~llfll~~L~ ~ N ~ W 1- r- r'~ i 3 ~ O W r ~ o v a ~ 17' ROW OF LOS ANGELES o~ Z O o o O W O o ~ `D ^o JUNCTION RAILWAY °o ~ O O N L6 L8 rn 184.38' ~ o od BK4752/265 O.R. ~ o O Z I L2 J J ~ = S89'58'S5"E z ~ ~ Z "J L11 ~q N - ~ 387.70' N89'58'55"W ,1 v, U ~ ~ P.O.B~ 66®0.37 j~' 588'55"E~ i ~ 660.37 Nr~'58'~ W® °4~ 'i P P ~ O N ~=89'51'43" R=20.00 N i L=31.37 1 I - 600.33' N89'58'55"W ! - 660.28' N89'58'55"W I % roi~ 660.27' 660.27'. ~ • ~ M 1980.81' N89'58'55"W FRUITLAND AVENUE ~OQ~ r~ LINE TABLE LINE LENGTH BEARING P, I, Q, 152, 221 SQ, FT. 3, 495 AC. L1 14. 00 N00°o7' lz°w Scale I 200' Lz 83. ss se9° ss' ss' E L3 14. 33 N00° O1' OS' E L4 29, 19 S89° s8' Ss' E LS 16. 94 N00° O1' OS' E L6 60. 67 S89° 58' Ss' E NOTES: L7 9. z7 soo° of os• w L8 3z, 30 S89° 58' S5' E L9 16, 00 S00° O1' OS' W PARCELS I , 2, 3 AND 4 REFER TO RECORD OF Llo z. 6a Noo°o7' lz'w SURVEY FILED IN BOOK 191 PAGE 20 OF RECORDS L11 11, oo ss9°se'ss'E OF SURVEY AS DOCUMENT NO. 04-2581 149. LAND sG P.I.O. IS "PROPERTY IN QUESTION" A5 DESCRIBED IN y,~, EXHIBIT "B- I " ~ ~ DOUGLAS NTON N.A,P. IS "NOT A PART" * Ex EP 10 ~a L.S. 4787 ti 9~~ °F c nLl~o~~ EXHIBIT "C-1" Ingress/Egress Easement Legal Description THOSE PORTIONS OF LOT 30 AND 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, AND ALSO BEING A PORTION OF PARCEL 2 ON RECORD OF SURVEY FILED IN BOOK 191, PAGE 20 OF RECORDS OF SURVEY, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 2, AS SHOWN ON SAID RECORD OF SURVEY, THENCE, NORTH 00°07'12" WEST, 14.00 FEET ALONG THE WEST LINE OF SAID PARCEL 2; THENCE, SOUTH 89°58'55" EAST, 83.55 FEET; THENCE, NORTH 0°01'05" EAST, 14.33 FEET; THENCE, SOUTH 89°58'55" EAST, 29.19 FEET; THENCE, NORTH 0°01'05" EAST, 16.94 FEET; THENCE, SOUTH 89°58'55" EAST, 60.67 FEET; THENCE, SOUTH 0°01'05" WEST, 9.27 FEET; THENCE, SOUTH 89°58'55" EAST, 32.30 FEET; THENCE, SOUTH 0°01'05" WEST, 16.00 FEET; THENCE, SOUTH 89°58'55" EAST, 184.38 FEET; THENCE, NORTH 0°07'12" WEST, 2.68 FEET; THENCE, SOUTH 89°58'55" EAST, 11.00 FEET; THENCE, NORTH 00°07'12".WEST, 116.73 FEET PARALLEL WITH THE WEST LINE OF SAID PARCEL 2; THENCE, EAST, 34.40 FEET; THENCE, NORTH 00°07'12" WEST, 161.15 FEET PARALLEL WITH THE WEST LINE OF SAID PARCEL 2, TO A POINT ON THE NORTH LINE OF SAID PARCEL 2; THENCE, EAST, 457..72 FEET ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID PARCEL 2; THENCE, SOUTH 00°05'06" EAST, 300.71 TO THE SOUTHEAST CORNER OF SAID PARCEL 2; THENCE, -NORTH 89°58'55" WEST, 893.04 FEET ALONG THE SOUTH LINE OF SAID PARCEL 2 TO THE TRUE POINT OF BEGINNING. INGRESS/EGRESS AND UTILITY EASEMENT BEGINNING AT THE SOUTHWEST CORNER OF THE ABOVE DESCRIBED PARCEL OF LAND, THENCE, NORTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL, NORTH 00°07'12" WEST, .14.00 FEET; THENCE, SOUTH 89°58'55" EAST, 83.55 FEET; THENCE, SOUTH 00°01'05" WEST, 14.00 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL; THENCE, NORTH 89°58'55" WEST, 83.52 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED EASEMENT CONTAINS 1,169 SQ.FT, MORE OR LESS. Prepared by: $~~,0 LAND s~~ ~ 07 oy ~w Douglas Bo nton, PLS4787 a DOUGLAS A. BOYNTON Dulin and Boynton * exP. so seP t o 729 E. Willow Street `f',~. Ls. <~s~ ti Signal Hill, CA 90755 9?~, ~0'4~ (562) 426-6464 of C ALt EXHIBIT Ingress/Egress Easement Sketch to Accompany Legal Description EAST 50th STREET ~ N 1981.41' EAST 475.51 457.73 - 0 387.70 ~ \ i / ~ 415.47' WEST - 457.72' EAST 1' 387.70' EAST -i ~ 40' 40' , 4=90'0712" N - - w R=20.00. ~ w ~ P Q • . w L=31.46 0 o A\ ~ P • ' in L 3 0 0 o EAST G~ o X 4 0 ~ o ~QW~~L~ 34.40' ~ Z mil \ \ o ~Q\vlfl]~~I~ Il ~ ~ W r ~ iNj ~ i ~ ~ ~ p W j~ ~ In ress E ress Esmnt a ~ Z ~ g / 9 0 ~ ~ ~ 1T ROW OF LOS ANGELES ~ o °oM O W ~ (See Detail) o co i~ o 0 o JUNCTION RAILWAY o ~ N L6 L8 0, 184.38' ~`b o® BK4752/265 O.R. ~ ® n O W LL Z/ L2 J J J J S89'58'S5"E ~,a z ~ ~ Z 'r'^ ~ L11 a ~ , I 387.70' N89'58'S5"W V, 893:04' ~ N89'58'55"W - O , 1 P.O,B. 620.' ~ S89'58'S5"E,~ ~ -i 660. ~ N~'58'~"W -1 ~ O Q' ~ ~ P ° ~~o o o P' a ~O cn ~ ~ Z ~ ~.P ~ N• N ~ m x=89 ~pQ~~L~~ ~3 ~ G°~G4QG°~C~L~ ~ N N ~ R=20.DD N i L=31.37 / 600.33' N89'58'55"W - 660.28' N89'58'55"W ! / j of 660.27' o~ - 660.27 ~ . ~ 1980.81' N89'58'S5"W FRUITLAND AVENUE DETAIL LINE TABLE Not to Scale LINE LENGTH BEARING L 1 14, 00 N00° 07' 12" W L2 83, 55 S89° 58' S5' E P L6 L3 14. 33 N00° O 1' OS' E • ~ L4 29. 19 S89° 56' S5' E J LS 16, 94 N00° O1' OS' E L4 L6 60, 67 S89° 58' S5' E Ingress/Egress Esmnt ~ L7 9. 27 S00° O1' OS' W L2 J ~ \ O, • LB 32. 3D S89° 56' S5' E L9 16, 00 S00°bl' OS'W ~ / / / L 12 L 10 2. 68 N00° 07' 12' W L 1 1 1 1. 00 S89' S8' S5' E P.O.B. L 13 L 12 14, 00 S00° O 1' OS' W L 13 83. 52 N89° 58' S5' W LAND S ~ . V~ DOUGLA A YNTON ~ ~f Op Q~Lt~ * EX S P 70 s. a~ls~ ti~ Scale I 200' 9A o,¢$ U~,+ C ALZ~ ,~n~.a . ~ u`~~~ w,, m zooso~znas IIIIIIII~IIYIIII~IIIIIIIIIIIIIIIIIVIIIIIVIIIVIIII~IIIV °~$oa uo.~:' a.~oos„aro9a,oa.eoaM~,.~. IIIIIIIN~~IIIMVIIIIIIIII~VI~III~VIYIIInNI~YIIIIIIIIIIYIIIIIIIIIIIIIIVIIIVIIII 111111IlnlVIIIVIIIIIRIIlnA~IIVIIIIIII IVIIIIVIIVIIIITVICIIIIIIIIII imoiiiiuiiimmoiiiiimm iNUiimiiiisi~mim~mmiiiiiomiaiiniii~oi~ ~ mu~imu~~~nniiimmii~iiiiiiimmEMUiinnii ~ Recording requested by: North American Title Company When recorded mail to: oS~ra~20o9 City of Vernon 4305. Santa Fe Avenue *?0090j2~ Attn:~Jeff A Harrgson ~43* ; City Attorney Order No. 6022816-62 Escrow No. 233571-TD THE SPACE ABOVE IS FOR RECORDER'S USE TITLE(S) OF DOCUMENT CERTIFICATE OF COMPLIANCE CITY OF VERNON Portion of Assessors Identification Number (AIl~: 6303-029-015 CERTIFICATE OF COMPLIANCE CITY OF VERNON RECORDING REQUESTED BY AND MAIL TO: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 ****X*******X**********SPACE ABOVE THIS LINE FOR RECORDER'S ********xxx******* OWNER: Owens-Brockway Glass Container, Inc. The subject property is legally described in Exhibit "B-1" and shown on Exhibit "B-2" attached hereto and made a part hereof. CERTIFICATE OF COMPLIANCE NO. 2009-O1 CITY OF VERNON COMMUNITY SERVICES AND WATER DEPARTMENT Thiss Certificate of Compliance is being issued for one parcel. I hereby determine that the above-described real property complies with the applicable provisions of the Subdivision Map Act and of the Vernon Municipal Code. This certificate relates only to issues of compliance or noncompliance with the Subdivision Map Act and local ordinances enacted pursuant thereto. It is categorically exempt from the provision of the California Environmental Quality Act in accordance with Article VII, Class 21, Category - 2. The real property described herein may be sold, leased, or financed as one parcel without further compliance with the Subdivision Map Act or any local ordinance enacted pursuant thereto. Development of the parcel may require issuance of a permit or permits, or other grant or grants of approval. Samuel evin Wilson Director of Community Services & Water CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~JNG-><L~ S On m~Y ~ e~ % before me, eJ cr~r~~'~i ~~,~R, 7`,y,~~jrcl~/'~.~ , Date Here Insert Name and Title of the Officer personally appeared ~.yd~ ~ _~,`~r~ L~%1 ~Sa~~ Name(s) of Signer(s) , who proved to me on the basis of satisfactory evidence to be the persori(a'f whose name(s'f is/are subscribed to the within instrument and acknowledged to me that he/sl°re/rl,~y executed the same in his/I~their authorized capacity(ies), and that by his/her/tk~eir signature( on the ~~p~ q, instrument the person(, or the entity upon behalf of Canmiselon ~ 1646985 which the person() acted, executed the instrument. ~ Notgry Pub1~ ~ Ca18orNa ~ COQ I certify under PENALTY OF PERJURY under the laws CadNn•hb1o'9iD1 of the State of California that the foregoing paragraph is true and correct. WITNESS my~,iand and offic/i~al seal. Signature ~f ' Place Notary Seal Above ~ Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ~~,~r r°~ T~ d~' C`s~~~/~°~HC°~? Document Date: J~' ~ Number of Pages: ~ 'f` ~~'~.(~ud~cr~ fG~i..~p'r Signer(s) Other Than Named Above: Capacity(ies) Claimed by Sign/~er(s) Signer's Name: d~c- r~"c~ y~ ~,J G~?; •~S v~ J Signer's Name: .Individual ? Individual ? Corporate Officer -Title(s): ? Corporate Officer -Title(s): ? Partner - ? Limited ? General _ ? Partner - ? Limited ? General _ ? Attorney in Fact ? Attorney in Fact Top o4 thumb here Top of thumb here ? Trustee ? Trustee ? Guardian or Conservator ? Guardian or Conservator ? Other: ? Other: Signer Is Representing: C'i_ ~`r~ Signer Is Representing: C~ l/~jerL'~r ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNOtary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 n n EXHIBIT B-1 O-I PARC E L Le a9 I Description- THOSE PORTIONS OF LOT 30 AND 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 RECORD, AND ALSO. BEING A PQRTION OF PARCEL 2 ON.RECORD OF SURVEY FLLED l:N BOQK - 191, PAGE 20 OF RECORDS OF SURVEY, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 2, AS SHOWN ON SAID RECORD OF SURVEY, THENCE, NORTH 00°07'12" WEST, 14.00 FEETALONG THE WEST LINE OF SAID PARCEL 2; THENCE, SOUTH 89°58'55" EAST, 83.55 FEET; THENCE, NORTH 0°01'05" EAST, 14.33 FEET; THENCE, SOUTH 89°58'55" .EAST, 29.19 FEET; THENCE, NORTH 0°01'05" EAST, 16.94 FEET; THENCE, SOUTH 89°58'55" EAST, 60.67 FEET; THENCE, SOUTH 0°01'05" WEST, 9.27 FEET; THENCE, SOUTH 89°58'55" EAST, 32.30 FEET; THENCE, SOUTH 0°01'05" WEST, 16.00 FEET; THENCE, SOUTH 89°58'55" EAST, 184.38 FEET; THENCE, NORTW 0°07'12" WEST, 2.68 _ FEET; THENCE, SOUTH 89°58'55" EAST, 11.00 FEET; THENCE, NORTH 00°07'12" WEST, 116.73 _ FEET PARALLEL WITH THE WEST LINE OF SAID PARCEL 2; THENCE, EAST, 34.40 FEET; THENCE, NORTH .00°07'12" WEST, 161.15 FEET PARALLEL WITH THE WEST LINE OF SAID PARCEL 2, TO A POINT ON THE NORTH LINE O'F SAID PARCEL 2; THENCE, EAST, 457.72 FEET ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID PARCEL 2; THENCE, SOUTH 00°05'06" EAST, 300.71 TO THE SOUTHEAST CORNER OF SAID PARCEL 2; THENCE, NORTH 89°58'55" WEST, 893.04 fEET ALONG THE SOUTH LINE OF SAID PARCEL 2 TO THE TRUE POINT OF BEGINNING. Prepared by: - - ~~~9 LAND s~~ ~~i6:~ ~~D ?~Oq mo'w' '~',,4 Douglas Boynton, PLS4787 DOUGLAS A. BOYNTON°~ Dulin and Boynton * EXP. 30 SEP ~ o 729 E. Willow Street Ls. a~s~ Signal Hill, CA 90755 9~,~ 0,4~ (562) 426-6464 of C ALt~ EXHIBIT ''B-2" O-I PARCEL Sketch to Accompany Le4al Description EAST 50th .STREET ~ N 1981.41' ~T j~ ~ 475.51 457.73 0 387.70- \ / ~ 415.47 WEST '1 457.72' EAST 1' 387.70' EAST -1 ~ 40' 40' ` A=90'0712" N w R=20.00 P ~ w ~ w io L=31.46 ~ ~•P• ' \'y 'i' o \ Q . Brio ~ ~ o o no r~n EAST o o onn O o ~ p.lf~Ll~LSL~ 34.40' ` z ~ P o ~/r~11f11~~~ Il ~ ~ W W r M o a 1T ROW OF LOS ANGELES ~ °o O Z W ~ ~ `O ^o ® JUNCTION RAILWAY °o ~ p W O N ~ L6 L8 rn 184.38' °o BK4752/265 O.R. _ Z ` Z L2 J ~ = S89'58'S5"E 1 z L 387.70 N89'S8'55"W j ~ 11 a N "W i' e ® '1 6 $0.37 ~.d N ~'S8'55"W ~ '1 1 P.O.B_ 66®0.37 S89'58'S5"E,~ S ,~s~' e/" P Oho o o p.• ~ ~p P ~ v~ ~ z ~ ~ ~°P ~ s~ N• o m n D=89'51'43' ~ ~ c~ a R=20.00 a / L=31.37 ` / 600.33' N89'58'55"W ~ - 660.28' N89'58'55"W ! / j MI 660.27' M~ - 660.27'_ ~ 1980.81' N89'58 55°W FRUITLAND AVENUE ~0~4~ LINE TABLE LINE LENGTH BEARING P. I. Q. 152, 221 SQ. FT. 3, 495 AC. L1 r4. oo Noo°o7' lz'w Scale I 200' L2 83, 55 s69° se' ss' E L3 14, 33 N00' O1' OS' E L4 29, 19 S89° 58' S5' E LS 16, 94 N00° O1' 05' E L6 60. 67 S89° 56' S5' E NOTES: L7 9. z7 soo° of os• w LB 32. 30 S89' S8' S5' E L9 16, 00 S00° O1' OS' W PARCELS I , 2, 3 AND 4 REFER TO RECORD OF uo z. 6a Noo°o7' lz•w SURVEY FILED I N BOOK 191 PAGE 20 OF RECORDS u l 11. oo se9° se' ss' E OF SURVEY AS DOCUMENT NO. 04-258 1149. 5~'9 LAND SG P.I.Q. IS "PROPERTY IN QUESTION" AS DESCRIBED IN ,w'~ G,~, EXHIBIT 'B- I " ~ DOUGLAS NTON N.A.P.. IS "NOT A PART" * Ex EP 10 Nj. L.S. 4787 ti OF C ALt~