Resolution No. 09977 1 RESOLUTION NO. 9977
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
4 SECOND AMENDMENT TO GRANT DEED RELATING TO THE SALE
5 OF PROPERTY LOCATED AT 5001 S. SOTO STREET TO DP
VERNON, LLC
6
7 WHEREAS, on February 20, 2007, the City Council of the City
8 of Vernon adopted Resolution No. 9244 approving a Standard Offer,
9 Agreement and Escrow Instructions for Purchase of Real. Estate and
10 Addendum, with DP Vernon, LLC ("DP Vernon") for the sale of property
11 located at. 5001 S. Soto Street in the City of Vernon (the "Property");
12 and
13 WHEREAS, by Instrument No. 20072447887 recorded on
14 October 20, 2007, the City of Vernon granted DP Vernon the Property;
15 and .
16 WHEREAS, on October 20, 2008, the City Council of the City
17 of Vernon adopted Resolution No. 9742 approving an Amendment. to Grant
18 Deed to increase the period of-time for DP Vernon to construct the.
19 first building on the Property to July 30, 2009 and to construct the
20 .last building on the Property to October 30, 2009; and
21 WHEREAS, the City and DP Vernon desire to increase the
22 period of time to construct the first building on the Property to
23 July 30, 2012 and to construct the .last building on the Property to
24 October 30, 2012; and
25 WHEREAS, in_order to implement the desired changes, .the City
26 and DP Vernon. need to amend the Grant Deed recorded on October 20,
27 2007-(the "Grant Deed"); and
28 WHEREAS, by memo dated May 28, 2009, the City Attorney has
1 recommended the execution of an amended Grant Deed to extend the
2 period of time to construct the first and last buildings on the.
3 Property. ,
4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
5 CITY OF VERNON AS FOLLOWS:
6 SECTION 1: The City Council of the City of 'Vernon hereby
7 ,finds and determines that the recitals contained hereinabove are true
8 and .correct.
9 SECTION 2: The City Council of the City of Vernon-hereby
10 approves the Second Amendment to Grant Deed with DP Vernon, in
11 substantially the same form as the copy which is attached hereto as
12 Exhibit A and incorporated by reference.
13 SECTION 3: The City Council of the City of Vernon hereby
14 authorizes the Mayor or Mayor Pro-Tem to .execute said Deed for, and on
15 behalf of, the City of Vernon and the City Clerk, or Deputy City
16 Clerk, is hereby authorized to attest thereto.
17 SECTION 4: The City Council of the City of Vernon hereby.
18 authorizes the City Administrator, or his designee, to make whatever
19 nonsubstantive, administrative and/or text changes, upon advice of
20 counsel, to the Deed.
21 SECTION 5: The City Council of the City of Vernon hereby
22 authorize s, the City Administrator, or his designee, to take any and
23 all actions deemed necessary-and to execute any and all documents as
24 shall be required pursuant to the terms of .the Grant Deed, as amended,
25 to implement the sale of the Property.
26 / / /
27 / / /
28 / / /
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1 SECTION 6: The City Clerk of the City of Vernon shall
2 certify to the. passage of this resolution, and thereupon and
3 thereafter the same shall be in full force and effect.
4 APPROVED AND ADOPTED this 8th day of June, 2009.
6 Hilario Gonzales
Name:
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Title; Mayor / ~-ayor ro- -
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~9 ATTEST:
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11 M NUELA GIRON, ity Clerk
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1 STATE OF CALIFORNIA
ss
2 COUNTY OF LOS ANGELES )
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4 I, MANUELA GIRON, City Clerk of the.City of Vernon, do hereby
5 .certify that the foregoing Resolution, being Resolution No. 9977, was
6 duly adopted. by the City Council of the City of Vernon at a regular
~ meeting of the City Council duly held on Monday, June 2009, and
g thereafter was duly. signed by the Mayor or Mayor Pro-Tem of the City of
9 Vernon.
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11 ~j,~.~,~:.
MANUELA GIRO City Clerk.
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(SEAL)
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EXHIBIT A
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
DP Vernon, LLC •
818 W. 7~' Street, Suite 410
Los Angeles, CA 90017
SPACE ABOVE THIS LINE FOR RECORDER'S USE •
SECOND AMENDMENT TO GRANT DEED
APN: 6308-002-008; 6308=002-902 (formerly 6308-002-901)
Escrow No.: 229642-TD
Title No.: 6018973-62
DOCUMENTARY TRANSFER TAX IS NOT APPLICABLE; THIS IS NOT A TRANSFER
OF PROPERTY AND IS BEING RECORDED MERELY TO AMEND CERTAIN TERMS OF •
THE GRANT DEED RECORDED ON OCTOBER 30, 2007 AS DOCUMENT NO.
20072447$87 AS AMENDED BY AMENDMENT TO GRANT DEED RECORDED ON
OCTOBER 22, 2008 AS DOCUMENT N0.20081881385.
By:Instrument No. 20072.447887, recorded on October 30, 2007, the City of Vernon, a body
corporate and politic (the "Grantor") granted to DP Vernon, LLC, a California limited liability
..company .(the "Grantee"), certain real property located in the City of Vernon, County of Los
Angeles, State of California. As a matter of information, the description of such real property
was modified. as a result of Grantee granting to Grantor, and Grantee. accepting such grant, the
Northerly 5 feet of Lot 5 of Tract No. 6452, The City of Vernon, County of Los Angeles, State
of California, as per map recorded in Book 94, pages 77 and 78 of Maps in the Official Records
of the County of Los Angeles ("Reconveyance Deed").
-Such real property, as affected by the Reconveyance Deed, is described in the legal description
attached hereto and made a part hereof as Exhibit "A." Commonly known as 5001 S. Soto
Street, City of Vernon, State of California 90058 and known herein as the "Property."
The foregoing grant of Property was, pursuant to the above described Grant Deed and
Amendmentto Grant Deed; subject.to certain conditions, including the following:
"(2) .The first building to be constructed on the Property will be fully developed
as a Data Center by July 30, 2009, and the last building required to achieve the
minimum 100;000 square feet described above will be developed as a Data Center
by October 30, 2009, and in accordance with the location description set forth in
the Site Plan, subject to a day for day'delay if there. is an occurrence of an event
beyond the reasonable control of Grantee ("Force Majeure Event") (provided,
LA_IMAN_372581_] (4) (3) 1.
- _ -
however, that lack of funds or failure to apply for permits on a timely basis onto
comply with the City of Vernon requirements in connection with obtaining
permits, or failure to deliver plans that are. in compliance with this Grant Deed
shall not constitute a Force Majeure Event, and provided, further, that work shall-
commence again as soon as possible following the Force Majeure Event);"
In order to increase the period of time to construct the first building from July 30, 2009 to
July 30, 2012 and to construct the last building to achieve the minimum 100,000 square feet from
twelve (12) months from July 30, 2009 to October 30, 2012, the Grant Deed and the Amendment
to Grant Deed are hereby amended to delete the above paragraph and to substitute in its place the
following paragraph:
"(2) The first building to be constructed on the Property will be fully developed
as a Data Center by July 30, 2012, and the last building required to achieve the
minimum 100,000 square feet described above will be developed as a Data Center
by October 30, 2012, and in accordance with the location description set forth in
the Site Plan, subject to a day for day delay if there is an occurrence of an event
beyond the reasonable control of Grantee ("Force Majeure Event") (provided,
however, that lack of funds or failure to apply for permits on a .timely basis or to
comply with the City of Vernon requirements in connection. with obtaining-
- permits, or failure to deliver plans that are in compliance with this Grant Deed
shall not constitute a Force Majeure Event, and provided, further, that work shall
commence again as soon as possible following the Force 1Vlajeure Event);"
Dated: May 2009
GRANTOR:
THE CITY OF VERNON
By:
Hilario Gonzales, Mayor
. Approved as to Form:
B y:
Jeff A. Harrison, City Attorney
GRANTEE:
DP VERNON, LLC, a California limited liability
company
By:
Eric M. Bender, Vice President and
• Treasurer
• LA_IMAN_372581_1 (4) (3) 2•
EXHIBIT A TO
AMENDMENT TO GRANT DEED
LEGAL DESCRIPTION.
LOT 5 OF TRACT NO. 6452, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 94 PAGES 77 AND 78 OF
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY EXCEPT AND
EXCLUDING THE NORTHERLY 5 FEET OF SAID LOT. 5 OF TRACT NO. 6452, THE
CITY OF VERNON, CO~TNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER
MAP ~ RECORDED IN BOOK 94, PAGES 77 AND 78 OF MAPS IN THE OFFICIAL
RECORDS OF THE COUNTY OF LOS ANGELES.
EXCEPTING AND RESERVING TO GRANTOR THAT PORTION OF 50~ STREET
(WHICH WAS ALSO KNOWN AS LOT 6) THAT WAS ADDED TO LOT 5 AS A RESULT
OF THE VACATION OF 50~ STREET (IN RESOLUTION 8986 OF THE CITY OF
VERNON), RECORDED JUNE 29, 2006 AS INSTRUMENT NO. 06-1438214 IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
LA_TMAN_372581_1 (4) (3) 3
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On before me, a notary
public,. personally appeared ,who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me -that- he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the .instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(AFFIX. NOTARIAL SEAL)
NOTARY PUBLIC
LA_IMAN_372581_1 (4) (3) 4•
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On before me, a notary
public, personally appeared ,who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are. subscribed to
the within instrument and acknowledged to me that he/she/they .executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument:
I certify under PENALTY OF PERJURY under the laws of the .State. of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(AFFIX NOTARIAL SEAL)
NOTARY PUBLIC
LA_IMAN_372581_1 (4) (3)
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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
June 8, -2009
VIA U.S. MAIL
Sandra Slon, Esq.
-Troy & Gould
1801 Century .Park East, 16t'' Floor
Los Angeles, CA 90067-2367
Re: DP Vernon, LLC
5001 S. Soto Street
-Dear Sandy:
Enclosed please find one executed original Second Amendment to
Grant Deed regarding the above-referenced matter.. Please return
a copy of the deed once it is recorded.
If you have any questions, please contact me.
Very trul yours,
f A. Harrison
City Attorney '
JH:em
Enclosure
cc: Ms..,Ne1Iy Giron, City Clerk (w/ encls.)
(Resolution No. 9977)
E.~c~usively IncfustriaC
I
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
DP Vernon, LLC
818 W. 7`i' Street, Suite 410
Los Angeles, CA 90017
SPACE ABOVE THIS LINE FOR RECORDER'S USE
SECOND AMENDMENT TO GRANT DEED
APN: 6308-002-008; 6308=002-902 (formerly 6308-002-901)
Escrow No.: 229642-TD
Title No.: 6018973-62
DOCUMENTARY TRANSFER TAX IS NOT APPLICABLE; THIS- IS NOT A TRANSFER
OF PROPERTY AND IS BEING RECORDED MERELY TO AMEND CERTAIN TERMS OF
THE GRANT DEED RECORDED ON OCTOBER 30, 2007 AS DOCUMENT NO.
20072447887 AS AMENDED BY AMENDMENT TO GRANT DEED RECORDED ON
OCTOBER 22, 2008 AS .DOCUMENT NO. 20081881385.
By.Instrument No. 20072.447887, recorded on October 30, 2007, the City of Vernon, a body
corporate and politic (the "Grantor") granted to DP Vernon, LLC, a California limited liability
company (the "Grantee"), certain real property located in the City of Vernon, County of Los
Angeles, State of California. As a matter of information, the description of such real property
was modified. as a result of Grantee granting to Grantor, and Grantee accepting- such grant, the
Northerly 5 feet of Lot 5 of Tract No. 6452, The City of Vernon, County of Los Angeles, State
of California, as per map recorded in Book 94, pages 77 and 78 of Maps in the Official Records
of the County of Los Angeles ("Reconveyance Deed").
Such real property, as affected by the Reconveyance Deed, is described in the legal description
.attached hereto and made a part hereof as Exhibit. "A." Commonly known as 5001 S. Soto
Street, City of Vernon, State of California 90058 -and known herein as the "Property."
The foregoing grant of Property was, pursuant to the above described Grant, Deed and
Amendment to Grant Deed; subject to certain conditions, including the following:
"(2) The first building to be constructed on the Property will be fully developed
as a Data Center by July 30, 2009, and the last building required to achieve the
minimum 100;000 square feet described above will be developed as a Data Center
by October 30, 2009, and in accordance with the location description set forth in
the Site Plan, subject to a day for day delay if there is an occurrence of an event
beyond the reasonable control of Grantee ("Force Majeure Event") (provided,
LA_IMAN_372581_1 (4) j3) 1.
however, that lack of funds or failure to .apply for permits on a timely basis or to
.comply with the City of Vernon requirements in connection with obtaining
permits, or failure to deliver plans that are in compliance with this Grant Deed
shall not constitute a Force Majeure Event, and provided, further, that work shall
commence again as soon as possible following the Force Majeure Event);"
In order to increase the period of time to construct the -first building from July 30, 2009 to
July 30, 2012 and to construct the last building to achieve the minimum 100,000 square feet from
twelve (12) months from July 30, 2009 to October 30, 2012, the Grant Deed and the Amendment
to Grant Deed are hereby- amended to delete the above paragraph and to substitute in its place the
• following. paragraph:
"(2) The first building to be constructed on the Property will be fully developed
as a Data Center by 7uly 30, 2012, and the last building required to achieve the
minimum 100,000 square feet described above will be developed as a Data Center
by October 30, 2012, and in accordance with the location description set forth in
the Site Plan,_ subject to a day for day delay if there is an occurrence of an event
beyond the reasonable control of Grantee ("Force Majeure Event") (provided,
however, that lack of funds or failure to apply for permits on a timely basis or to
comply with the City of Vernon requirements in connection with obtaining
permits, or failure to deliver plans that. are in compliance with this Grant Deed
shall not constitute a Force Majeure Event, acid provided, further, that work shall
commence again as soon as possible following the Force. Majeure Event);"
June. , 2009
Dated: j~yxxxx,
GRANTOR:
THE CITY OF VERNON
By. p s
Hilario Gonzales, ayor
Approved as t Form:
By:
f arrison, City Attorney
GRANTEE:
DP VERNON, LLC, a California limited liability
company
By:
Eric M. Bender, Vice President and
Treasurer
LA_IMAN_372581_1 (4) (3) 2.
EXHIBIT A TO
AMENDMENT TO GRANT DEED
LEGAL DESCRIPTION
LOT 5 OF TRACT NO. 6452, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 94 PAGES 77 AND 78 OF
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY EXCEPT AND
EXCLUDING THE NORTHERLY 5 FEET OF SAID. LOT 5 OF TRACT NO. 6452, THE
CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 94, PAGES 77 AND 78 OF MAPS IN THE OFFICIAL
RECORDS OF THE COUNTY OF LOS ANGELES.
EXCEPTING AND RESERVING TO GRANTOR THAT PORTION OF 50~ STREET
(WHICH WAS ALSO KNOWN AS LOT 6) THAT WAS ADDED TO LOT 5 AS A RESULT
OF THE VACATION OF 50~ STREET (IN RESOLUTION 8986 OF THE CITY OF
VERNON), RECORDED JUNE 29, 2006 AS INSTRUMENT NO. 06-1438214 IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
LA_IMAN_37258L 1 (4) (3) 3•
STATE OF CALIFORNIA )
COUNTY OF .Los ANGELES j ss.
On ~ ~ 1 before me, ~ a notary
public, personally appeared xilario Gonzales ,who proved to
me on the basis of satisfactory evidence to be the person() whose narne(~) is/arm subscribed to
the within instrument and acknowledged to me that he/s~t~y executed the same in
his/~ie~/xl~~ir authorized capacity(-mss), and that by his/h~eir signatureO on the instrument the
person(-s-), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(AFFIX. NOTARIAL SEAL)
NO ARY PUBLIC
~MANUELAGlf20N
' Commission # 1611388
z .f : o Notary Public - California .
o , Los Angeles County
My Comm. Expires Nov 4, 2009
LA_IMAN_372581_1 (4) (3) 4•
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On before me, a notary
public, personally appeared ,who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument. and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument:
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(AFFIX NOTARIAL SEAL)
NOTARY PUBLIC
LA_IMAN_372581_1 (4) (3)
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~oF v~R APPROVED JUN 0 8 '09 CIT'1P COUNCIL
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' S~~F'LY ITiQV
CITY ATTORNEY'S OFFIC
INTER-DEPARTMENT MEMORANDUM
DATE: May 28,.2009
T0: Donal O'Callaghan, City Administrator
FROM: Jeff A. Harrison, City Attorne
RE: Staff Report for Second Amendment to Grant Deed with DP
Vernon, LLC
Enclosed please find for your review and approval a Staff Report
relating to a Second Amendment to Grant Deed ("Second Amendment")
with DP Vernon, .LLC regarding property located at 5001 S.-Soto
Street in the City of Vernon.
The Second Amendment increases the period of time to construct the
first building on the property from July 30, 2009 to-.July 30, 2012
and .extends the time to construct the last building on the property
from October 30, 2009 to October 30, 2012.
The extension of time will allow DP Vernon sufficient time to obtain
the necessary financing for the construction.
JH:jl
Enclosure
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STAFF REPORT
CITY ATTORNEY'S OFFICE
DATE: May 28, 2009
TO: Honorable Mayor and City Council
FROM: Jeff A. Harrison, City Attorne
RE: Second Amendment to Grant Deed - DP Vernon, LLC
Issue:
On February 20, 2007, the City Council adopted Resolution No. 9244 approving the
sale of property located at 5001 S. Soto Street in the City of Vernon (the "Property") to
DP Vernon,. LLC ("DP Vernon") for approximately $7.5 million.
On October 6, 2008, the City. Council adopted Resolution No. 9714 approving the
purchase of a five-foot parcel in back of the Property from DP Vernon for ingress/egress
purposes for approximately $129,756.00.
On October 20, 2008,. the City Council adopted Resolution No. 9742 approving an
Amendment to Grant Deed to increase the period of time for DP Vernon to construct the
first building on the Property to July 30, 2009 and. to construct the last building on the
Property to October 30,2009.
DP Vernon has requested an extension of time to 2012 to allow it sufficient time to
obtain the necessary financing to construct the buildings on the Property.
Recommendations:
I recommend that the City Council adopt a resolution approving a Second Amendment
to Grant Deed to provide for an extension of time to allow DP Vernon to construct the
first building on the Property by July 30, 2012 and the last building on the Property. by
October 30, 2012.
.Fiscal Impact
None.
o~'~vEq~o
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CS~~'FLY IN~V' - -
- CITY ATTORNEY'S OFFICE
INTER-DEPARTMENT MEMORANDUM
DATE: September 3, 2009
T0: Nelly Giron, City Clerk
FROM: Judy Lehr, Legal Services Administrative Secretary ~~j
' RE: DP Vernon, LLC
500.1 S. Soto Street
.Attached please find for your retention a conformed copy of the
Second Amendment to Grant Deed regarding the above-referenced
matter.
JL:em
Enclosure
(Resolution No. 9977)
, osi11~2ao9 ,
RECORI3ING REQUESTED BY *20091231542* ~
AND WIN RECORDED RETURN TO: .
DP Verrlon,.LLC
' 818 W. 7~' Street, Suite 410
Los Angeles, CA 9001'7
SPACE ABOVE THIS LINE FOR RECORDER'S USE .
SECOND AMENDMENT TO GRANT DEED
APN: 6308-002-008; 6308=002-902 (formerly 6308-002-901)
Escrow No.: 229642-TD .
Title No.: 6018973-62 '
DOCUMENTARY TRANSFER TAX IS NOT APPLICABLE; THIS IS NOT A TRANSFER
OF PROPERTY AND IS BEING RECORDED MERELY TO AMEND CERTAIN TERMS OF
THE GRANT DEED RECORDED ON OCTOBER 30, 2007 AS DOCUMENT NO.
20072447887 AS AMENDED BY AMENDMENT TO GRANT DEED RECORDED ON
OCTOBER 22, 2008 AS DOCUMENT N0:20081881385.
By.Instrument No. 20072447887, recorded on October 30, 2007, the City of Vernon,. a body..
corporate and politic -.(the "Grantor") granted to DP Vernon, LLC, a California .limited liability
company .(the "Grantee"), certain real property located in the City of Vernon, County of Los
Angeles, State of California: As a matter of information, the description of such real property
was modified. as a result of Grantee granting to Grantor, and Grantee accepting such grant, the
Northerly 5 feet of Lot 5 of Tract No. 6452, The .City of Vernon, County of Los Angeles, State
of California, as per map recorded in Book 94, pages 77 and 78 of Maps in the Official Records .
of'the County of Los Angeles ("Reconveyance Deed").
Such real property, as affected by the Reconveyance Deed, is described in the legal description
attached hereto and made a part hereof as Exhibit "A." Commonly known as 5001 S. Soto
Street, City of Vernon, State of California 90058 and known herein as the "Property."
The foregoing grant of Property was, pursuant to the above described Grant. Deed and
Amendment.to Grant Deed; subject to certain conditions, including the following:
"(2) The first building to be constructed on the Property will be fully developed • .
as a Data Center by July 30, 2009, and the last building required to achieve the
minimum 100;000 square feet described above will be developed as a Data Center
by October 30, 2009, and in accordance with the location description set forth in
- ~ the Site Plan, subject to a day for day delay if there is. an occurrence of an event
beyond the reasonable control of Grantee ("Force Majeure Event") (provided,
LA_IMAN_372581_1 (4) (3) 1.
however, that lack of funds or failure to apply for permits on a timely basis or to •
comply with the City of Vernon requirements in connection with obtaining
permits, or failure to deliver plans that are in compliance with this Grant Deed .
shall not constitute a Force Majeure Event, and provided, further, that work shall
commence again as soon as possible. following the Force Majeure Event);"
In order to increase the period of time to construct the .first building from July 30, 2009 to~
July 30, 2012 and to construct the last building to achieve the minimum 100,000 square feet from
twelve (12) months from July 30, 2009 to October 30, 2012, the Grant Deed and the Amendment
to Grant Deed are liereby amended to delete the above paragraph and to substitute in its place the
following paragraph:
"(2) The first building to be constructed on the Property will be fully developed
as a .Data .Center by July 30, 2012, and the last building required to achieve -the - ~ .
minimum 100,000 square feet described above will be developed as a Data Center .
by October 30, 2012, and in accordance with the location description set forth in
the Site Plan,. subject to a day for day delay if there is an occurrence of an event
beyond the reasonable control of Grantee ("Force Majeure Event") (provided,
however, that lack of funds or failure to apply for permits on a ,timely basis or .to
comply with the City of Vernon requirements in connection with obtaining
permits, or failure to deliver plans that are in compliance with this Grant Deed
shall not constitute a Force Majeure Event, arid' provided, further, that work shall ~ .
commence again as soon as possible following the Force Majeure Event);"
June; , 200.9
Dated: xxxx,9t
GRANTOR:
THE CITY OF VERNON
4f *
B y:
Hilario Gonzales, ayor
Approved as t Form:
By:
f arrison, City Attorney
GRANTEE:
DP VERNON, LLC, a California limited liability
company
B y:
Eric M. Bender, Vice President and
Treasurer
LA_IMAN_372581_1 (4) (3) 2.
EXHIBIT A TO
AMENDMENT TO GRANT DEED
LEGAL DESCRIPTION •
• LOT 5 OF TRACT NO. 6452, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 94 PAGES 77 AND 78 OF
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY EXCEPT AND
EXCLUDING THE NORTHERLY 5 FEET OF SAID LOT 5 OF TRACT NO. 6452, ~THE•
CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS •PER
MAP • RECORDED IN BOOK 94, PAGES 77 AND 78 OF MAPS IN THE OFFICIAL •
RECORDS OF THE COUNTY OF LOS ANGELES.
EXCEPTING AND RESERVING TO GRANTOR THAT PORTION OF 50~ STREET
(WHICH WAS ALSO KNOWN AS LOT 6) THAT WAS ADDED `TO LOT 5 AS A RESULT
OF THE VACATION OF 50~ STREET (IN RESOLUTION 8986 OF THE CITY OF
VERNON), RECORDED. JUNE 29, 2006 AS INSTRUMENT NO. 06-.1438214 IN .THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ~
LA_IMAN_372581_1 (4) (3) 3.
STATE OF CALIFORNIA . )
LOS H1~GELES ) SS.
COUNTY OF )
A ,
r ~ / ~ ~ before me L~ ~ a notary
On ,
public, personally appeared xilario Gonzales ,who proved to
me on the basis of satisfactory evidence to be the person(s) whose narne(~) is/~r~ subscribed to
the within instrument and acknowledged to me that he/~ executed the same in
his~ir authorized capacity(~s), and that by his/l~e~heir signature(s) on the instrument the
' person(-), or the entity upon behalf of which the person(s) acted, executed the instrurrient:
I~ certify under PENALTY OF PERJURY under the ~ laws of the State of California that the
foregoing paragraph is true and correct. ~ ~ '
WITNESS my hand and official seal.
(AFFIX. NOTARIAL SEAL)
NO ARY PUBLIC
MRNUEtA GIRON
Commission # 1611388
' ~ Notary Public - Califomid
r, ~ Los Angeles County '
tJly Comm. Expires Nov 4, 2009
. LH_IMAN_372581_I (4) (3) 4•
STATE OF CALIFORNIA )
ss.
COUNTY OF P E'S )
.
On ~ l~q tl ST ~~~efore me, • (~C t ~t Pr~ ~71 c a notary
public, personally appeared - r I C ~ e e ~ ,-who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are. subscribed to
the within instrument. and acknowledged to me that he/she/they .executed the same ~in
his/her/their authorized ca~acity(ies), and that by his/her/their signature(s) on the instrument. the-
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument:
I certify -under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true~and correct.
WITNESS my hand and official seal.
(AFFIX NOTARIAL SEAL) , .
NOT Y PUBLIC
• ~ MARCIA BERTOLLI~
Commission N 1853558
~ : Notary Pubiic -California.. ~
Los Angeles County
M Comm: Ex its Jun 11, 2013
LA_IMAN_372581_1 (4) (3) 5•