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Resolution No. 2011-054RESOLUTION NO. 2011-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND ACCEPTING THE EASEMENT GRANT DEED AND APPROVING AND AUTHORIZING THE EXECUTION OF A CERTIFICATE OF ACCEPTANCE AND SUBORDINATE AGREEMENT GRANTING THE CITY OF VERNON A FIRE LANE EASEMENT OVER A PORTION OF PROPERTY LOCATED AT 2825 SANTA FE AVENUE IN THE CITY OF VERNON BY AND BETWEEN THE CITY OF VERNON, ON SANTA FE PARTNERS, LLC, AND LIFE INSURANCE COMPANY OF THE SOUTHWEST WHEREAS, Life Insurance Company of the Southwest ("Lender") made a loan to On Santa Fe Partners, LLC ("On Santa Fe") and, as security for the Loan, On Santa Fe granted to Fidelity National Title Insurance Company, as Trustee for Lender, a Deed Of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (the "Mortgage"); and WHEREAS, the Mortgage encumbers certain real property known as On Santa Fe Industrial Buildings, located at 2825 Santa Fe Avenue, Vernon, California ("Property"); and WHEREAS, On Santa Fe has agreed to grant to the City of Vernon ("City") a Fire Lane easement over a portion of the Property; and WHEREAS, at On Santa Fe's request, Lender has agreed to subordinate the Mortgage to the Easement; and WHEREAS, by memo dated March 3, 2011 the Director of Community Services & Water has recommended that the City accept the Easement Grant Deed and approve the execution of the Certificate of Acceptance and Subordination Agreement (the "Agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon does hereby find and determine that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves and accepts the Easement Grant Deed and hereby authorizes the Mayor or Mayor Pro-Tem to execute the Certificate of Acceptance for, and on behalf of, the City of Vernon and the City Clerk, or Deputy City Clerk, is hereby authorized to attest thereto. SECTION 3: The City Council of the City of Vernon hereby authorizes the Director of Community Services & Water, or his designee, to submit the Easement Grant Deed and the Certificate of Acceptance to the County Recorder. SECTION 4: The City Council of the City of Vernon hereby approves the Subordination Agreement with On Santa Fe Partners and Life Insurance Company of the Southwest, a copy which is attached hereto as Exhibit A. SECTION 5: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute the Subordination Agreement on behalf of the City of Vernon, and the City Clerk or Deputy City Clerk, is hereby authorized to attest thereto. SECTION 6: The City Council of the City of Vernon hereby authorizes the City Administrator, or his designee, to take whatever action is deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized. SECTION 7: The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk's designee, to send one fully executed Subordination Agreement to On Santa Fe Partners, LLC 2 and Life Insurance Company of the Southwest. SECTION 8: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 5th day of April, 2011. Name: Hilario Gonzales Title: Mayor em 3 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2011-54, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, April 5, 2011, and thereafter was duly signed by the Mayor or Mayor Pro-Te of the City of Vernon. Executed this day of April, 2011, at Vernon, California. (SEAL) i1lar G a a ch City Clerk 4 EXHIBIT A Above area for recorder's use only M:\STATE- DEAL FILES\INVCA\Santa Fe (12-09)\Fire Lane Easement (11-2010)\SNDA (Easement) On Santa Fe 2-3-11 clean pd£doc SUBORDINATION AGREEMENT BY AND BETWEEN CITY OF VERNON CALIFORNIA AND LIFE INSURANCE COMPANY OF THE SOUTHWEST Recording requested by and after recording please return to: Law Offices of F. J. von Turkovich, PC One National Life Drive, M-230 Montpelier, VT 05604 Please do not remove or alter this reference: Forms — IssueslSN)A ,Pe&DA Form (M 1-2010) SUBORDINATION AGREEMENT This Subordination Agreement ("Agreement") made effective as of the day of , 2011, by and among the CITY OF VERNON, CALIFORNIA, a (the "City"), and LIFE INSURANCE COMPANY OF THE SOUTHWEST, a Texas corporation ("Lender"), all of whom are referred to herein, collectively, as the "Parties." WITNESSETH: WHEREAS, Lender made a loan (the "Loan") to ON SANTA FE PARTNERS, LLC , a California limited liability company ("Owner") and, as security for the Loan, Owner granted to Fidelity National Title Insurance Company, as Trustee for Lender, a Deed Of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (the "Mortgage"), which Mortgage was recorded with the Los Angeles County land records on June 4, 2010 as instrument number 20100760062;and WHEREAS, the Mortgage encumbers, among other things, certain real property known as On Santa Fe Industrial Buildings located at 2825 Santa Fe Avenue, Vernon, CA 90058, which Property is more particularly described on Exhibit A attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, Owner has agreed to grant to the City a Fire Lane Easement (the "Easement") over the portion of the Property described on Exhibit B attached hereto and incorporated herein by reference(the "Fire Lane"); and WHEREAS, at Owner's request, Lender has agreed to subordinate the Mortgage to the Easement. NOW, THEREFORE, for and other good and valuable consideration, the acknowledged, the Parties agree as follows: in consideration of the foregoing premises and receipt and sufficiency of which is hereby 1. Recitals. The Parties agree that the foregoing recitals are true and correct and incorporated herein by this reference. 2. Subordination. The Mortgage and all of Lenders rights, interests and claims under the Mortgage shall be subordinate to the Easement and the rights of the City to enforce the terms and conditions of the Easement, with the same force and effect as if the Easement had been executed and recorded prior to the execution and recording of the Mortgage; provided, however, that the relative priority of the Mortgage shall otherwise remain unaffected. 3. Casualty and Condemnation. Notwithstanding the Easement or anything to the contrary contained in this Agreement, the Lender shall have a priority claim, including, but not limited to in preference to the City, to all insurance proceeds resulting from any casualty, hazard or Please do not remove or alter this reference: Forms — Issues\SNIAsboNDA Form (M 1-2010) Subordination Agreement Page 2 accident, and to all proceeds of condemnation proceedings, affecting the Property, including, but not limited to the Fire Lane, until the Mortgage is paid off and discharged. 4. Foreclosure. Lender shall have no obligation, debt, or liability under the Easement until Lender, its successors, assigns, or a purchaser in foreclosure under it obtains ownership or possession of the Property. In the event of a foreclosure of the Mortgage, or a transfer in lieu of foreclosure of any portion of the Property, the purchaser at any such foreclosure or the transferee under any deed in lieu of foreclosure shall take title to the Property subject to all of the terms and conditions of the Easement. 5. Notice. "Notice" means any notice, demand, or other communication or document to be provided under this Agreement or the Lease. All Notices shall be in writing and shall be given to the Party at its address set forth below or such other address as the Party may later specify for that purpose by Notice to the other Party. Each Notice shall, for all purposes, be deemed given and received: a. If hand delivered to a Party against receipted copy, when the copy of the Notice is receipted; b. If given by a nationally recognized and reputable overnight delivery service, on the day on which the Notice is actually received by the Parry at the address of the Party as specified below; or C. If given by certified mail, return receipt requested, postage prepaid, two (2) business days after it is posted with the United States Postal Service, at the address of the Party as specified below: City: City of Vernon, California c/o City Administrator 4305 Santa Fe Avenue Vernon, CA 90058 Lender: LIFE INSURANCE COMPANY OF THE SOUTHWEST c/o Sentinel Asset Management, Inc. One National Life Drive, M501 Montpelier, VT 05604 Please do not remove or alter this reference: Forms — Issues\SNI A —So"ei SNDA Form (M 1-2010) Subordination Agreement Page 3 With copy to: LAW OFFICES OF F. J. VON TURKOVICH, P.C. One National Life Drive, M230 Montpelier, VT 05604 If Notice is tendered under the provisions of this Agreement and is refused by the intended recipient, the Notice shall nonetheless be considered to have been given and shall be effective as of the date provided in this Agreement. The foregoing notwithstanding, any Notice given to a Party in a manner other than that provided in this Agreement and that is actually received by the Party, shall be effective with respect to such Party on the receipt date of the Notice. 6. Definitions. The term "Lender" as used herein shall include the Lender, the successors and assigns of Lender and any other person, party or entity which shall become the owner of the Property by foreclosure of the Mortgage or the acceptance of a deed or assignment in lieu of foreclosure or otherwise, but in no event shall Lender be personally liable for the failure of any such purchaser, successor or assignee to comply with the terms of this Agreement. The term "City" as used herein shall include the City, its successors and assigns and any other party or entity which shall become the holder of the Easement. 7. No Oral Modifications. This Agreement may not be modified in any manner or terminated except by an instrument in writing executed by the Parties hereto or their respective permitted assigns or successors in interest. 8. Governing Law. This Agreement shall be deemed to be a contract entered into pursuant to and shall in all respects be governed, construed, applied and enforced in accordance with the laws of the state where the Property is located. 9. Arbitration and Venue. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in Los Angeles, California. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The arbitrator shall be a retired judge. All decisions of the arbitrators shall be in writing, and the arbitrators shall provide written reasons for their decision. The arbitration decision shall be final and binding on the Parties. Judgment on the award may be entered in any court having jurisdiction pursuant to this agreement. This clause shall not preclude Parties from seeking provisional remedies in aid of arbitration from a court having jurisdiction pursuant to this Agreement. The exclusive jurisdiction and venue under this Agreement shall be the Superior Court of California, Los Angeles County. Please do not remove or alter this reference: Forms — Issues\S4 -&fie NDA Form (M 1-2010) Subordination Agreement Page 4 10. Inapplicable Provisions; Survival. If any term, covenant or condition of this Agreement is held to be invalid, illegal or unenforceable in any respect, this Agreement shall be construed without such provision. 11. Benefit and Burden of Agreement. This Agreement shall inure to the benefit of the Parties hereto, their successors and permitted assigns; provided, however, that in the event of the assignment or transfer of the interest of Lender, all obligations and liabilities of Lender under this Agreement shall terminate, and thereupon all such obligations and liabilities shall be the responsibility of the Party to whom Lender's interest is assigned or transferred. 12. Agreements to Run with Land. This Agreement and the covenants herein contained are intended to run with and bind all land affected hereby. 13. Number and Gender. Whenever the context may require, any pronouns used herein shall include the corresponding masculine, feminine or neuter forms, and the singular form of nouns and pronouns shall include the plural and vice versa. 14. Duplicate Originals, Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original instrument and all of which together shall constitute a single Agreement and a telecopy or facsimile transmission thereof shall be binding on the party or Parties whose signatures appear thereon. The failure of any Party hereto to execute this Agreement, or any counterpart hereof, shall not relieve the other Parties from their obligations hereunder. (Execution pages follow) Please do not remove or alter this reference: Forms — Issues\SND� -& l)SINDA Form (M 1-2010) Subordination Agreement Execution Page 1 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the day and year first above written. CITY CITY OF VERNON CALIFORNIA, a LIM Name: Title: STATE OF COUNTY OF On , 2011, before me personally appeared Notary Public, 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 within instrument in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the within instrument, the person(s), or 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. Signature (Seal) (� k Please do not remove or alter this reference: Forms — Issues\SNDA — stoppel\SNDA Form (M 1-2010) Subordination Agreement Execution Page 2 LENDER LIFE INSURANCE COMPANY OF THE SOUTHWEST C Steven G ood, Vice Presiden Sentinel Asset Management, Inc. Duly Authorized Representative STATE OF VERMONT COUNTY OF WASHINGTON This instrument was acknowledged before me on this " day of (� r , 2011, by Steven G. Wood, Vice President of Sentinel Asset Management, Inc., a Vermont co oration and the duly authorized representative of Life Insurance Company of the Southwest, a Texas corporation, to. me known, and who, being duly sworn, acknowledged the foregoing instrument as his free act and deed and the free act and deed of said company. Before me, Notary Public, State of/IVe//,, t 0d�/1e2 �- Hf-.0 -0-4 Print Name My Commission Expires: February 10, 2011 Please do not remove or alter this reference: Forms — Issues\SNDA Vstoppel\SNDA Form (M 1-2010) Subordination Agreement Execution Page 3 The foregoing Subordination Agreement between the City of Vernon, California and Life Insurance Company of the Southwest is hereby acknowledged and agreed to by ON SANTA FE PARTNERS, LLC, the Borrower under the Loan (as that term is defined in the Subordination Agreement) and by IDS EQUITIES GP ONE, LLC, the Guarantor under the Loan, and such Borrower and Guarantor hereby ratify and affirm the instruments and agreements executed and delivered by them in connection with the Loan notwithstanding the foregoing Subordination Agreement. ON SANTA FE PARTNERS, LLC, a California limited liability company By: Silwan Investment Company, a California general partnership Its: Manager I LN STATE OF CALIFORNIA ) ss. COUNTY OF 1.t�s A-Q� eS ) Siam (a.k.a. M.M. Siam, a.k.a M. Siam), Manager 7 On :.mob ru-A r -j , 2011 before me, J , `T'jj r-u-YI , a notary public, personally appeared Murad Siam (a.k.a. M.M. Siam, a.k.a Murad M. Siam), personally known to me (or proved to me on the basis of satisfactory evidence) to be the person* whose name(s} is/are subscribed to the within instrument and acknowledged to me that he/shehhey executed the same in his/herA&6r authorized capacity(ies), and that by his/herftkeir signature(s) on the instrument, the person(, 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. J. TYRON Commission # 1906551 z ;=.i Notary Public- California Los Angeles County Signa re (Seal) M Comm. Ex ires Oct 2, 2014 ----------------- Q V Please do not remove or alter this reference: Forms — Issues\SNDA — Fstoppel\SNDA Form (M 1-2010) Subordination Agreement Execution Page 4 IDS EQUITIES GP ONE, LLC, a California limited liability company I STATE OF CALIFORNIA ) ) ss. COUNTY OF Los Pry,tge5 ) .k.a On Fe'(0ru4,w, _ -3 , 2011 before me, J . � y ryyi , a notary public, personally appeared Murad Siam (a.k.a. M.M. Siam, a.k.a Murad M. Siam), personally known to me (or proved to me on the basis of satisfactory evidence) to be the person( -whose name(} is/safe subscribed to the within instrument and acknowledged to me that he/4heAhey executed the same in hisAten4heir authorized capacity(Yes�, and that by his/hcrftheir signature(&) on the instrument, the person(s), or the entity upon behalf of which the person(a) 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. J. MON Commission # 1906551 La llotary Public • California Signa (Seal) Los Angeles County ur M Comma Mires Oct 2,201 Please do not remove or alter this reference: Forms — Issues\SNDA - ppel\SNDA Form (M 1-2010) Subordination Agreement Exhibit A EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: (APN: 6302-006-023/PORTION) LOT 3 OF THE A. L. ROSS TRACT, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK, 36, PAGE 72 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THE EAST 40 FEET THEREOF, INCLUDED IN SANTA FE AVENUE ACCORDING TO THE DECREE IN SUPERIOR COURT CASE NO.66729. PARCEL 2: (APN: 6302-006-023/PORTION) THAT PORTION OF LOT l OF TRACT NO.-11349., IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 203, PAGES 33 AND 34 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHERLY OF THE WESTERLY PROLONGATION OF THAT CERTAIN COURSE IN THE NORTHERLY BOUNDARY OF SAID LOT 1, AS SHOWN ON SAID TRACT NO. 11349 AS HAVING A BEARING AND LENGTH OF NORTH 89 DEGREES 30 MINUTES 30 SECONDS EAST, 615 FEET. PARCEL 3: (APN: 6302-006-013) THAT PORTION OF LOT 2 OF A. L. ROSS TRACT, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 36 PAGE 72 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY NORTHWEST CORNER OF TRACT NO. 11349, AS PER MAP RECORDED IN BOOK 203, PAGES 33 AND 34 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 89 DEGREES 33 MINUTES WEST 198.90 FEET TO THE NORTHEAST CORNER OF LAND DESCRIBED IN PARCEL 1 OF DEED RECORDED IN BOOK 9784, PAGE 381, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE EAST LINE OF SAID PARCEL SOUTH 0 DEGREES 29 MINUTES EAST 147.59 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE EASTERLY 46.69 FEET v� Please do not remove or alter this reference: Forms — Issues\SNDA — stoppel\SNDA Form (M 1-2010) Subordination Agreement Exhibit A ALONG A CURVE TO THE SOUTH, HAVING A RADIUS OF 383.06 FEET, A RADIAL LINE OF SAID CURVE THROUGH SAID SOUTHEAST CORNER BEARING NORTH 7 DEGREES 23 MINUTES 30 SECONDS WEST; THENCE TANGENT TO SAID CURVE NORTH 89 DEGREES 35 MINUTES 30 SECONDS EAST 152.51 FEET TO THE WEST LINE OF SAID TRACT NO. 11349; THENCE ALONG SAID WEST LINE NORTH 0 DEGREES 33 MINUTES WEST 1.44.89 FEET TO THE POINT OF BEGINNING. SAID LAND IS SHOWN AS PARCEL 1 ON RECORD OF SURVEY FILED IN BOOK 51, PAGE 33 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 4: A RIGHT OF WAY FOR DRIVEWAY PURPOSES OVER A STRIP OF LAND 40 FEET WIDE EXTENDING FROM THE NORTH LINE OF PREMISES HEREIN DESCRIBED TO NORTH LINE OF EAST 37TH STREET, THE EAST LINE OF SAID STRIP OF LAND BEING PARALLEL WITH AND DISTANT WEST 239.22 FEET MEASURED AT RIGHT ANGLES FROM THE EAST LINE OF LOT 2 OF A. L. ROSS TRACT AND THE SOUTH PROLONGATION THEREOF. EXCEPT THEREFROM ANY PORTION THEREOF INCLUDED IN SAID PARCEL 1. �� C a k ,. Please do not remove or alter this reference: Forms — Issues\SNDA — Estoppel\SNDA Form (M 1-2010) EXHIBIT._B TO SUBORDINATION AGREEMENT SNEDAKER LAND SURVEYING P.O. BOX 2305 IRWINDALE, CALIFORNIA 91706 (626) 841-2403 (626) 966-7106 FAX JUNE 15, 2010 EXHIBIT A 27' WIDE FIRE ACCESS LANE EASEMENT LEGAL DESCRIPTION A PORTION OF LOT 1 OF A.L. ROSS TRACT IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 36 PAGE 72 OF MISCELLANEOUS RECORDS, PARCEL 1 OF RECORD OF SURVEY IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 51 PAGE 33 OF RECORDS OF SURVEYS AND LOT 1 OF TRACT NUMBER 11349 IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 203 PAGES 33 AND 34 OF MAPS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, A STRIP OF LAND 27.00 FEET WIDE LYING 13.50 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERLY LINE OF THE EASTERLY 40 FEET OF LOT 3 OF THE A.L. ROSS TRACT THAT IS SOUTH 00°29'47" EAST 33.50 FEET FROM THE NORTHERLY LINE OF SAID LOT 3, MEASURED ALONG SAID WESTERLY LINE; THENCE SOUTH 89°42'38" WEST 159.25 FEET PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 3 TO A POINT, SAID POINT TO BE CALLED POINT A FOR THE PURPOSES OF THIS LEGAL DESCRIPTION; THENCE SOUTH 89°42'38" WEST 283.00 FEET ALONG SAID PARALLEL LINE TO A POINT, SAID POINT TO BE CALLED POINT B FOR THE PURPOSES OF THIS LEGAL DESCRIPTION; THENCE SOUTH 89°42'38" WEST 293.00 FEET ALONG SAID PARALLEL LINE TO A POINT, SAID POINT TO BE CALLED POINT C FOR THE PURPOSES OF THIS LEGAL DESCRIPTION; THENCE SOUTH 89°42'38" WEST 70.57 FEET ALONG SAID PARALLEL LINE TO A POINT, THAT IS 33.5 FEET EASTERLY OF THE WESTERLY LINE OF SAID LOT 3; THENCE SOUTH 00*31' 18" EAST 260.75 FEET PARALLEL WITH THE WESTERLY LINE OF SAID LOT 3 TO A POINT, SAID POINT TO BE CALLED POINT D FOR THE PURPOSES OF THIS LEGAL DESCRIPTION; THENCE SOUTH 00°31' 18" EAST 50.79 FEET ALONG LAST SAID PARALLEL LINE AND ITS SOUTHERLY PROLONGATION TO A POINT THAT IS 13.5 FEET SOUTHERLY OF THE SOUTHERLY LINE OF SAID LOT 3; THENCE NORTH 89°42'26" EAST 40.69 FEET ALONG A LINE THAT IS 13.50 FEET SOUTHERLY AND PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 3 TO A POINT THAT IS 150.00 FEET WESTERLY, MEASURED ALONG LAST SAID PARALLEL LINE, OF THE EASTERLY LINE OF LOT 1 OF TRACT NO. 11349, SAID POINT TO BE CALLED POINT E FOR THE PURPOSES OF THIS LEGAL DESCRIPTION; THENCE SOUTH 00° I T34" EAST 116.96 FEET TO A POINT THAT IS 23.5 FEET NORTHERLY OF THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF PARCEL 1 OF RECORD OF SURVEY FILED IN BOOK 51 PAGE 33 OF RECORDS OF SURVEY; THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID PARCEL 1 SOUTH 89*35' 11" WEST 316.18 FEET TO A POINT IN THE EASTERLY LINE OF THE WESTERLY 20 FEET OF SAID PARCEL 1. PAGE 1 OF 2 JOB NO.09-035 TOGETHER WITH A STRIP OF LAND 24.00 FEET WIDE LYING 12.00 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT A THENCE NORTH 00° 17'22" WEST 33.50 FEET TO THE NORTHERLY LINE OF LOT 3 OF THE A.L. ROSS TRACT. TOGETHER WITH A STRIP OF LAND 25.00 FEET WIDE LYING 12.50 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT B THENCE NORTH 00`17'22" WEST 33.50 FEET TO THE NORTHERLY LINE OF LOT 3 OF THE A.L. ROSS TRACT. TOGETHER WITH A STRIP OF LAND 25.00 FEET WIDE LYING 12.50 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT C THENCE NORTH 00° 17'22" WEST 33.50 FEET TO THE NORTHERLY LINE OF LOT 3 OF THE A.L. ROSS TRACT. TOGETHER WITH A STRIP OF LAND 20.00 FEET WIDE LYING 10.00 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT D THENCE NORTH 89'28'42" EAST 41.50 FEET. TOGETHER WITH A STRIP OF LAND 27.00 FEET WIDE LYING 13.50 FEET.ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT E THENCE NORTH 89'42'26" EAST 150.00 FEET TO THE EASTERLY LINE OF LOT 1 OF TRACT NO. 11349. THE SIDELINES OF THE ABOVE DESCRIBED STRIPS ARE TO BE EXTENDED OR SHORTENED AS NEEDED TO TERMINATE IN THE ABOVE DESCRIBED LINES. RICHARD M. SNEDAKER, P.L.S. NO.7565 PAGE 2 OF 2 JOB NO.09-035 CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: April 7, 2011 TO: S. Kevin Wilson, Director of Community Services & Water FROM: Willard Yamaguchi, City Clerk RE: Resolution No. 2011-54 — A Resolution of the City Council of the City of Vernon Approving and Accepting the Easement Grant Deed and Approving and Authorizing the Execution of a Certificate of Acceptance and Subordinate Agreement Granting the City of Vernon a Fire Lane Easement Over a Portion of Property Located at 2825 Santa Fe Avenue in the City of Vernon by and Between the City of Vernon, On Santa Fe Partners, LLC, and Life Insurance Company of the Southwest Transmitted herewith for recordation and proper processing are the originals of the fully executed Subordination Agreement, Easement Grant Deed and Certificate of Acceptance along with a copy of Resolution No. 2011-54 referenced above, which was approved by City Council on April 5, 2011. Please ensure that after recordation that a copy of the Subordination Agreement and the original Easement Grant Deed is sent to the City Clerk's office. If you have any questions, please contact me. Thank you. WY:dj Attachments c: ' Resolution No. 2011-54 Agreement No. 11-033 CERTIFICATE OF ACCEPTANCE This is to certify that interest in real property conveyed to or created in favor of the City of Vernon by that certain Fire Lane Easement Deed dated June 15, 2010, executed by On Santa Fe Partners, LLC is hereby accepted by the undersigned officer on behalf of the City pursuant to the authority conferred by Resolution No. 2011-54 of the City Council of the City adopted April 5, 2011, and the grantee consents to recordation thereof by its duly authorized officer. Dated: CITY OF VERNON HILARIO GONZAL S, MAYOR APPROVED AS TO FORM: G.'Y GUCW , Interim City Attorney RECORDING REQUESTED BY and WHEN RECORDED MAIL TO: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attn: City Clerk MAIL TAX STATEMENTS TO: Exempt THE SPACE ABOVE IS FOR RECORDER'S USE EASEMENT GRANT DEED APN: 6302-006-013 & 6302-006-023 DOCUMENTARY TRANSFER TAX IS NONE — NOT REQUIRED SEC. 11922 REVENUE TAXATION CODE. FOR VALUABLE CONSIDERATION, RECEIPT OF WINCH IS HEREBY ACKNOWLEDGED, On Santa Fe Partners, LLC, A California Limited Liability Company (tbe "Grantor") HEREBY GRANT(S) TO: City of Vernon, a body corporate and politic (the "Grantee") That certain real property (the "Conveyed Property"),_as described in Exhibit "A" attached hereto and incorporated herein by this reference, and as more particularly shown on the map attached hereto as Exhibit "B" and incorporated herein by this reference. The Conveyed Property is a portion of the property owned by the Grantor. The property is located in the City of Vernon, County of Los Angeles, State of California. Date: June 1 S , 20P—U "Grantor" On Santa Fe Partners, LLC a California limited liability company R�r • Si l wan Tnues m empa.ny •a Calft6TTAlia General Partnership Manager Signature St��aKtn e- M.M Siam Managing Partner State of California County of UQ5 A► ,6 1 C On V UNG7 15� `ZQIC)beforerne, kAc � tELF C.(j N �T�-RV P U 6 IX), (Insert Name of Notfiry Public and Ti e) personally appeared M. M. G I A rA who proved to me on the basis of satisfactory evidence to be the person(Wwhose name( is/aKe subscribed to the within instrument and acknowledged to me that he/sheltlay executed the same in his/her'/dries authorized capacity(i�j; and that by his/her/ter signature(s� on the instrument the person(s�,—or the entity upon behalf on which the persoro)-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. w TN l8 N COMMMon # 1797316 NOWIV Pubdc - Caftir4a WITNESS Ty laid and official seal. !@I tos �Ies Camay _ SNEDAKER LAND SURVEYING P.O. BOX 2305 IRWINDALE, CALIFORNIA 91706 (626) 841-2403 (626) 966-7106 FAX J UNE 15, 2010 EXHIBIT A 27' WIDE FIRE ACCESS LANE EASEMENT LEGAL DESCRIPTION A PORTION OF LOT 1 OF A.L. ROSS TRACT IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 36 PAGE 72 OF MISCELLANEOUS RECORDS, PARCEL 1 OF RECORD OF SURVEY IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 51 PAGE 33 OF RECORDS OF SURVEYS AND LOT 1 OF TRACT NUMBER 11349 IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 203 PAGES 33 AND 34 OF MAPS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, A STRIP OF LAND 27.00 FEET WIDE LYING 13.50 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERLY LINE OF THE EASTERLY 40 FEET OF LOT 3 OF THE A.L. ROSS TRACT THAT IS SOUTH 00°29'47" EAST 33.50 FEET FROM THE NORTHERLY LINE OF SAID LOT 3, MEASURED ALONG SAID WESTERLY LINE; THENCE SOUTH 89°42'38" WEST 159.25 FEET PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 3 TO A POINT, SAID POINT TO BE CALLED POINT A FOR THE PURPOSES OF THIS LEGAL DESCRIPTION; THENCE SOUTH 89°42'38" WEST 283.00 FEET ALONG SAID PARALLEL LINE TO A POINT, SAID POINT TO BE CALLED POINT B FOR THE PURPOSES OF THIS LEGAL DESCRIPTION; THENCE SOUTH 89'42'38" WEST 293.00 FEET ALONG SAID PARALLEL LINE TO A POINT, SAID POINT TO BE CALLED POINT C FOR THE PURPOSES OF THIS LEGAL DESCRIPTION; THENCE SOUTH 89°42'38" WEST 70.57 FEET ALONG SAID PARALLEL LINE TO A POINT, THAT IS 33.5 FEET EASTERLY OF THE WESTERLY LINE OF SAID LOT 3; THENCE SOUTH 00°31'18" EAST 260.75 FEET PARALLEL WITH THE WESTERLY LINE OF SAID LOT 3 TO A POINT, SAID POINT TO BE CALLED POINT D FOR THE PURPOSES OF THIS LEGAL DESCRIPTION; THENCE SOUTH 00*31' 18" EAST 50.79 FEET ALONG LAST SAID PARALLEL LINE AND ITS SOUTHERLY PROLONGATION TO A POINT THAT IS 13.5 FEET SOUTHERLY OF THE SOUTHERLY LINE OF SAID LOT 3; THENCE NORTH 89'42'26" EAST 40.69 FEET ALONG A LINE THAT IS 13.50 FEET SOUTHERLY AND PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 3 TO A POINT THAT IS 150.00 FEET WESTERLY, MEASURED ALONG LAST SAID PARALLEL LINE, OF THE EASTERLY LINE OF LOT 1 OF TRACT NO. 11349, SAID POINT TO BE CALLED POINT E FOR THE PURPOSES OF THIS LEGAL DESCRIPTION; THENCE SOUTH 00' 17'34" EAST 116.96 FEET TO A POINT THAT IS 23.5 FEET NORTHERLY OF THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF PARCEL I OF RECORD OF SURVEY FILED IN BOOK 51 PAGE 33 OF RECORDS OF SURVEY; THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID PARCEL 1 SOUTH 89'35' 11" WEST 316.18 FEET TO A POINT IN THE EASTERLY LINE OF THE WESTERLY 20 FEET OF SAID PARCEL 1. PAGE I OF 2 JOB NO.09-035 TOGETI4ER WITH A STRIP OF LAND 24.00 FEET WIDE LYING 12.00 FEET ON EACH SIDE, OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT A THENCE NORTH 00° 17'22" WEST 33.50 FEET TO THE NORTHERLY LINE OF LOT 3 OF THE A.L. ROSS TRACT. TOGETHER WITH A STRIP OF LAND 25.00 FEET WIDE LYING 12.50 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT B THENCE NORTH 00° 17'22" WEST 33.50 FEET TO THE NORTHERLY LINE OF LOT 3 OF THE A.L. ROSS TRACT. TOGETHER WITH A STRIP OF LAND 25.00 FEET WIDE LYING 12.50 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT C THENCE NORTH 00° 17'22" WEST 33.50 FEET TO THE NORTHERLY LINE OF LOT 3 OF THE A.L. ROSS TRACT. TOGETHER WITH A STRIP OF LAND 20.00 FEET WIDE LYING 10.00 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT D THENCE NORTH 89°28'42" EAST 41.50 FEET. TOGETHER WITH A STRIP OF LAND 27.00 FEET WIDE LYING 13.50 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT E THENCE NORTH 89°42'26" EAST 150.00 FEET TO THE EASTERLY LINE OF LOT 1 OF TRACT NO. 11349. THE SIDELINES OF THE ABOVE DESCRIBED STRIPS ARE TO BE EXTENDED OR SHORTENED AS NEEDED TO TERMINATE IN THE ABOVE DESCRIBED LINES. RICHARD M. SNEDAKER, P.L.S. NO. 7565 ,w ,f r, v �� No mm -A PAGE 2 OF 2 JOB NO.09-035 SANTA FE_AVENUE r(80 _ FEET WIDE) o O Lu Lu W I cl� 0 I O) � I p ;`I r I C cn ( I w z:2 I I O I -Ln Ln I N �I —'N I z ' Do 3 _ J N N O I M I I LOT 3 00 o I I M.R. 36-72 Lo z cn I0) Z,�� _12.0' 7 I NOI00- r, Lq o I Do 0 M l 0) N I Z/"I (Onol 12.5' • z N O I Do O I oM I rn o I rn1N Znl cC'n 12.5' — 1 I SNEDAKER LAND SURVEYING P.O. BOX 2M WWWALE, CALFOFMA W706 (626) W24W (626) 9W7M el► POINT B POINT C EXHIBIT B INGFEW, EGREss AND FFE LANE EASBuB4r PREPARED FOR: ON SAWA FE PARTNEF'i8, LLC 6-15-10 09-035 RMS SCALE I 1 "= 50' SHEET 1 OF 2 E'LY LINE LOT 1 ~o M.B. 203-33/34 � I I I NOI 00 p o rri l z I 00I N N -12.5' POINT C w I N 12.5' I d' o o ro � m � 1 �lo I z ao o I U 10 L------�---- O 1 `2 "2 S00°31'18"E 13.5 N 1 260.75' 13.5' POINT D L — — — — — — — — — J\\f 20.0' _ J N W N in V) ! �' U) IN oI °ILI rn 00 IZ I I I I I I I I I PORTION LOT 1 TRACT NO 11349 M.B. 203-33/34 w I I POINT E 00 M o I S00017'34"E "13.5' o I 116.96' 13.5' Io oI I Lq ----�-� -Ln LI 13.5' — 13.5' 20.0' I I N I I 1 Z I I S00031'18"E WILY LINE LOT 3 I I M.R. 36-72 I I I I I I�00F 0 PARCEL 1 I n co I n R.S. 51-33 10) V) l o z � "j -a I z I��wL,Ln [CK) Ln _JQ cn W'LY LINE PARCEL 1 0R.S. 51-33 I `_ ao— — — — — — — — — — EXP. 12/3 � 1 — — — — 0 O SACO STREET N N �! NO. - o (40' WIDE PRIVATE STREET o N PER BK 2371 PG 380 `� L------------� ------- SNEDAKER EXHIBIT B PREPARED FOR: DATE: 6-15-10 JOB # 09-035 LAND SURVEYING INGFESS, E<FESS ON SANTA FE DRAWN RMS CAD 09-035-S P.O. BOX 2305 FIFE AND LANE EASEMENT LLC SCALE SCALE 1 "= 50' FNINDALE, CALFOFHA 9906 (626) W2403 (626) 9W7106 SHEET 2 OF 2 Parcel name: FIRE ACCESS LANE STRIP A North: 3765.0668 East: 2834.1156 Line Course: N 00-17-22 W Length: 33.50 North: 3798.5663 East: 2833.9464 Line Course: S 00-17-22 E Length: 33.50 North: 3765.0668 East: 2834.1156 STRIP B North: 3763.6371 East: 2551.1192 Line Course: N 00-17-22 W Length: 33.50 North: 3797.1367 East: 2550.9500 Line Course: S 00-17-22 E Length: 33.50 North: 3763.6371 East: 2551.1192 STRIP C North: 3762.1570 East: 2258.1230 Line Course: N 00-17-22 W Length: 33.50 North: 3795.6565 East: 2257.9537 Line Course: S 00-17-22 E Length: 33.50 North: 3762.1570 East: 2258.1230 North: 3501.0613 East: 2189.9279 Line Course: N 89-28-42 E Length: 41.50 North: 3501.4391 East: 2231.4262 Line Course: S 89-28-42 W Length: 41.50 North: 3501.0613 East: 2189.9279 STRIP E North: 3450.4813 East: 2231.0798 Line Course: N 89-42-26 E Length: 150.00 North: 3451.2478 East: 2381.0779 Line Course: S 89-42-26 W Length: 150.00 North: 3450.4813 East: 2231.0798 Above area for recorder's use only M:\STATE- DEAL FILES\INVCA\Santa Fe (12-09)\Fire Lane Easement (11-2010)\SNDA (Easement) On Santa Fe 2-3-11 clean pdf.doe SUBORDINATION AGREEMENT BY AND BETWEEN CITY OF VERNON CALIFORNIA LIFE INSURANCE COMPANY OF THE SOUTHWEST Recording requested by and after recording please return to: Law Offices of F. J. von Turkovich, PC One National Life Drive, M-230 Montpelier, VT 05604 tI Please do not remove or alter this reference: Forms — Issues\SNI�A to = e �NDA Form (M 1-2010) SUBORDINATION AGREEMENT This Subordination Agreement ("Agreement") made effective as of the 5 th day of April , 2011, by and among the CITY OF VERNON, CALIFORNIA, a (the "City"), and LIFE INSURANCE COMPANY OF THE SOUTHWEST, a Texas corporation ("Lender"), all of whom are referred to herein, collectively, as the "Parties." WITNESSETH: WHEREAS, Lender made a loan (the "Loan") to ON SANTA FE PARTNERS, LLC , a California limited liability company ("Owner") and, as security for the Loan, Owner granted to Fidelity National Title Insurance Company, as Trustee for Lender, a Deed Of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (the "Mortgage"), which Mortgage was recorded with the Los Angeles County land records on June 4, 2010 as instrument number 20100760062; and WHEREAS, the Mortgage encumbers, among other things, certain real property known as On Santa Fe Industrial Buildings located at 2825 Santa Fe Avenue, Vernon, CA 90058, which Property is more particularly described on Exhibit A attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, Owner has agreed to grant to the City a Fire Lane Easement (the "Easement") over the portion of the Property described on Exhibit B attached hereto and incorporated herein by reference(the "Fire Lane"); and WHEREAS, at Owner's request, Lender has agreed to subordinate the Mortgage to the Easement. NOW, THEREFORE, for and other good and valuable consideration, the acknowledged, the Parties agree as follows: in consideration of the foregoing premises and receipt and sufficiency of which is hereby 1. Recitals. The Parties agree that the foregoing recitals are true and correct and incorporated herein by this reference. 2. Subordination. The Mortgage and all of Lenders rights, interests and claims under the Mortgage shall be subordinate to the Easement and the rights of the City to enforce the terms and conditions of the Easement, with the same force and effect as if the Easement had been executed and recorded prior to the execution and recording of the Mortgage; provided, however, that the relative priority of the Mortgage shall otherwise remain unaffected. 3. Casualty and Condemnation. Notwithstanding the Easement or anything to the contrary contained in this Agreement, the Lender shall have a priority claim, including, but not limited to in preference to the City, to all insurance proceeds resulting from any casualty, hazard or Please do not remove or alter this reference: Forms — Issues\SN% );�Yo . , e \� NDA Form (M I-2010) Subordination Agreement Page 2 accident, and to all proceeds of condemnation proceedings, affecting the Property, including, but not limited to the Fire Lane, until the Mortgage is paid off and discharged. 4. Foreclosure. Lender shall have no obligation, debt, or liability under the Easement until Lender, its successors, assigns, or a purchaser in foreclosure under it obtains ownership or possession of the Property. In the event of a foreclosure of the Mortgage, or a transfer in lieu of foreclosure of any portion of the Property, the purchaser at any such foreclosure or the transferee under any deed in lieu of foreclosure shall take title to the Property subject to all of the terms and conditions of the Easement. 5. Notice. "Notice" means any notice, demand, or other communication or document to be provided under this Agreement or the Lease. All Notices shall be in writing and shall be given to the Party at its address set forth below or such other address as the Party may later specify for that purpose by Notice to the other Party. Each Notice shall, for all purposes, be deemed given and received: a. If hand delivered to a Party against receipted copy, when the copy of the Notice is receipted; b. If given by a nationally recognized and reputable overnight delivery service, on the day on which the Notice is actually received by the Party at the address of the Party as specified below; or C. If given by certified mail, return receipt requested, postage prepaid, two (2) business days after it is posted with the United States Postal Service, at the address of the Party as specified below: City: City of Vernon, California c/o City Administrator 4305 Santa Fe Avenue Vernon, CA 90058 Lender: LIFE INSURANCE COMPANY OF THE SOUTHWEST c/o Sentinel Asset Management, Inc. One National Life Drive, M501 Montpelier, VT 05604 Please do not remove or alter this reference: Forms — Issues\SND s o =e 1 NDA Form (M 1-2010) Subordination Agreement Page 3 With copy to: LAW OFFICES OF F. J. VON TURKOVICH, P.C. One National Life Drive, M230 Montpelier, VT 05604 If Notice is tendered under the provisions of this Agreement and is refused by the intended recipient, the Notice shall nonetheless be considered to have been given and shall be effective as of the date provided in this Agreement. The foregoing notwithstanding, any Notice given to a Party in a manner other than that provided in this Agreement and that is actually received by the Party, shall be effective with respect to such Party on the receipt date of the Notice. 6. Definitions. The term "Lender" as used herein shall include the Lender, the successors and assigns of Lender and any other person, party or entity which shall become the owner of the Property by foreclosure of the Mortgage or the acceptance of a deed or assignment in lieu of foreclosure or otherwise, but in no event shall Lender be personally liable for the failure of any such purchaser, successor or assignee to comply with the terms of this Agreement. The term "City" as used herein shall include the City, its successors and assigns and any other party or entity which shall become the holder of the Easement. 7. No Oral Modifications. This Agreement may not be modified in any manner or terminated except by an instrument in writing executed by the Parties hereto or their respective permitted assigns or successors in interest. 8. Governing Law. This Agreement shall be deemed to be a contract entered into pursuant to and shall in all respects be governed, construed, applied and enforced in accordance with the laws of the state where the Property is located. 9. Arbitration and Venue. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in Los Angeles, California. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The arbitrator shall be a retired judge. All decisions of the arbitrators shall be in writing, and the arbitrators shall provide written reasons for their decision. The arbitration decision shall be final and binding on the Parties. Judgment on the award may be entered in any court having jurisdiction pursuant to this agreement. This clause shall not preclude Parties from seeking provisional remedies in aid of arbitration from a court having jurisdiction pursuant to this Agreement. The exclusive jurisdiction and venue under this Agreement shall be the Superior Court of California, Los Angeles County. Please do not remove or alter this reference: Forms — Issues\SN A—Eoe1SNDA Form (M 1-2010) Subordination Agreement Page 4 10. Inapplicable Provisions, Survival. If any term, covenant or condition of this Agreement is held to be invalid, illegal or unenforceable in any respect, this Agreement shall be construed without such provision. 11. Benefit and Burden of Agreement. This Agreement shall inure to the benefit of the Parties hereto, their successors and permitted assigns; provided, however, that in the event of the assignment or transfer of the interest of Lender, all obligations and liabilities of Lender under this Agreement shall terminate, and thereupon all such obligations and liabilities shall be the responsibility of the Party to whom Lender's interest is assigned or transferred. 12. Agreements to Run with Land. This Agreement and the covenants herein contained are intended to run with and bind all land affected hereby. 13. Number and Gender. Whenever the context may require, any pronouns used herein shall include the corresponding masculine, feminine or neuter forms, and the singular form of nouns and pronouns shall include the plural and vice versa. 14. Duplicate Originals, Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original instrument and all of which together shall constitute a single Agreement and a telecopy or facsimile transmission thereof shall be binding on the party or Parties whose signatures appear thereon. The failure of any Party hereto to execute this Agreement, or any counterpart hereof, shall not relieve the other Parties from their obligations hereunder. (Execution pages follow) Please do not remove or alter this reference: Forms — Issues\SND - s pe SNDA Form (M I-2010) Subordination Agreement Execution Page 1 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the day and year first above written. AP OVED FORM: Wi lard G a uc i Interim Cit to ey STATE OF �l D/e�/Gc� ) COUNTY OF CITY CITY OF VERNON CALIFORNIA, a Name: Hilario Gonzales Title: Mayor AT ST: illlar G. Yam gu h', City Clerk who proved to me on the basis of satisfactory evidence to be the person whose name) is/e subscribed to the within instrument, and acknowledged to me that he/sV/tvy executed the within instrument in his/hyAheX authorized capacity(A and that by his/nr/th/r signature;(s'f on the within instrument, the person(, or entity upon behalf of which the person} 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. Signature eal) � KARIN��DA Commission # 1900284 Z Notary Public - California Los Angeles County M Comm. Exjjre;,W 19, 2014 I Please do not remove or alter this reference: Forms — Issues\SNDA — Estoppel\SNDA Form (M 1-2010) Subordination Agreement Execution Page 2 LENDER LIFE INSURANCE COMPANY OF THE SOUTHWEST C Steven G Wood, Vice Presiden Sentinel Asset Management, Inc. Duly Authorized Representative STATE OF VERMONT COUNTY OF WASHINGTON This instrument was acknowledged before me on this L — day of �' , 2011, by Steven G. Wood, Vice President of Sentinel Asset Management, Inc., a Vermont co oration and the duly authorized representative of Life Insurance Company of the Southwest, a Texas corporation, to me known, and who, being duly sworn, acknowledged the foregoing instrument as his free act and deed and the free act and deed of said company. Before me, A" yt'A6'0'=' ,INNotary Public, State of Ver t Print Name My Commission Expires: February 10, 2011 Please do not remove or alter this reference: Forms — Issues\SNDA -1 to.. el SNDA Form (M 1-2010) Subordination Agreement Execution Page 3 The foregoing Subordination Agreement between the City of Vernon, California and Life Insurance Company of the Southwest is hereby acknowledged and agreed to by ON SANTA FE PARTNERS, LLC, the Borrower under the Loan (as that term is defined in the Subordination Agreement) and by IDS EQUITIES GP ONE, LLC, the Guarantor under the Loan, and such Borrower and Guarantor hereby ratify and affirm the instruments and agreements executed and delivered by them in connection with the Loan notwithstanding the foregoing Subordination Agreement. BORROWER ON SANTA FE PARTNERS, LLC, a California limited liability company By: Silwan Investment Company, a California general partnership Its: Manager an STATE OF CALIFORNIA ) ss. COUNTY OF Lxs kyte� 5 ) Siam (a.k.a. M.M. Siam, a.k.a M. Siam), Manager On f,7P bmAA,,rh , 2011 before me, Ty t'-U"YI , a notary public, personally appeared Murad Siam (a.k.a. M.M. Siam, a.k.a Murad M. Siam), personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(&-} is/aye subscribed to the within instrument and acknowledged to me that he/s4eAhey executed the same in his/� authorized capacity(ies), and that by his/herf ft6r signature(s) on the instrument, the person(-&), or the entity upon behalf of which the person(.%) 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. J. TYRON Commission # 1906551 i u Notary Public - California Sina re Seal' Los Angeles County $ (Seal) M Comm. Expires Oct 2, 2014 Please do not remove or alter this reference: Forms — Issues\SNDA — Estoppel\SNDA Form (M 1-2010) Subordination Agreement Execution Page 4 IDS EQUITIES GP ONE, LLC, a California limited liability company I0 STATE OF CALIFORNIA ) ) ss. COUNTY OF L05 �o el ) Siam (a.k.a. M.M. Siam, a.k.a M. Siam) On -3 , 2011 before me, J7tryyi , a notary public, personally appea •ed Murad Siam (a.k.a. M.M. Siam, a.k.a Murad M. Siam), personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)-whose name(4 is/ff@ subscribed to the within instrument and acknowledged to me that he/4heAhey executed the same in his4tefh4te4v authorized capacity(Yes), and that by his/kerftiieir signature(*) on the instrument, the person(g), 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 J. TVRON Commission #f 1906551 a Notary Public - California Signa ur (Seal) Los Angeles County M Comm. Ex Tres Oct 2, 2014 Please do not remove or alter this reference: Forms — Issues\SNDA - EstoppeASNDA Form (M 1-2010) EXHIBIT A Subordination Agreement Exhibit A EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: (APN: 6302-006-023/PORTION) LOT 3 OF THE A. L. ROSS TRACT, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 36, PAGE 72 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THE EAST 40 FEET THEREOF, INCLUDED IN SANTA FE AVENUE ACCORDING TO THE DECREE IN SUPERIOR COURT CASE NO. 66729. PARCEL 2: (APN: 6302-006-023/PORTION) THAT PORTION OF LOT 1 OF TRACT NO. 11349, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 203, PAGES 33 AND 34 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHERLY OF THE WESTERLY PROLONGATION OF THAT CERTAIN COURSE IN THE NORTHERLY BOUNDARY OF SAID LOT 1, AS SHOWN ON SAID TRACT NO. 11349 AS HAVING A BEARING AND LENGTH OF NORTH 89 DEGREES 30 MINUTES 30 SECONDS EAST, 615 FEET. PARCEL 3: (APN: 6302-006-013) THAT PORTION OF LOT 2 OF A. L. ROSS TRACT, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 36 PAGE 72 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY NORTHWEST CORNER OF TRACT NO. 11349, AS PER MAP RECORDED IN BOOK 203, PAGES 33 AND 34 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 89 DEGREES 33 MINUTES WEST 198.90 FEET TO THE NORTHEAST CORNER OF LAND DESCRIBED IN PARCEL 1 OF DEED RECORDED IN BOOK 9784, PAGE 381, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE EAST LINE OF SAID PARCEL SOUTH 0 DEGREES 29 MINUTES EAST 147.59 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE EASTERLY 46.69 FEET Please do not remove or alter this reference: Forms — Issues\SNDA stoppel\SNDA Form (M 1-2010) Subordination Agreement Exhibit A ALONG A CURVE TO THE SOUTH, HAVING A RADIUS OF 383.06 FEET, A RADIAL LINE OF SAID CURVE THROUGH SAID SOUTHEAST CORNER BEARING NORTH 7 DEGREES 23 MINUTES 30 SECONDS WEST; THENCE TANGENT TO SAID CURVE NORTH 89 DEGREES 35 MINUTES 30 SECONDS EAST 152.51 FEET TO THE WEST LINE OF SAID TRACT NO. 11349; THENCE ALONG SAID WEST LINE NORTH 0 DEGREES 33 MINUTES WEST 144.89 FEET TO THE POINT OF BEGINNING. SAID LAND IS SHOWN AS PARCEL 1 ON RECORD OF SURVEY FILED IN BOOK 51, PAGE 33 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 4: A RIGHT OF WAY FOR DRIVEWAY PURPOSES OVER A STRIP OF LAND 40 FEET WIDE EXTENDING FROM THE NORTH LINE OF PREMISES HEREIN DESCRIBED TO NORTH LINE OF EAST 37TH STREET, THE EAST LINE OF SAID STRIP OF LAND BEING PARALLEL WITH AND DISTANT WEST 239.22 FEET MEASURED AT RIGHT ANGLES FROM THE EAST LINE OF LOT 2 OF A. L. ROSS TRACT AND THE SOUTH PROLONGATION THEREOF. EXCEPT THEREFROM ANY PORTION THEREOF INCLUDED IN SAID PARCEL 1. Please do not remove or alter this reference: Forms — Issues\SNDA — Estoppel\SNDA Form (M 1-2010) EXHIBIT B TO SUBORDINATION AGREEMENT SNEDAKER LAND SURVEYING P.O. BOX 2305 IRWINDALE, CALIFORNIA 91706 (626) 841-2403 (626) 966-7106 FAX JUNE 15, 2010 EXHIBIT A 27' WIDE FIRE ACCESS LANE EASEMENT LEGAL DESCRIPTION A PORTION OF LOT 1 OF A.L. ROSS TRACT IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 36 PAGE 72 OF MISCELLANEOUS RECORDS, PARCEL 1 OF RECORD OF SURVEY IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 51 PAGE 33 OF RECORDS OF SURVEYS AND LOT 1 OF TRACT NUMBER 11349 IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 203 PAGES 33 AND 34 OF MAPS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, A STRIP OF LAND 27.00 FEET WIDE LYING 13.50 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERLY LINE OF THE EASTERLY 40 FEET OF LOT 3 OF THE A.L. BOSS TRACT THAT IS SOUTH 00'29'47" EAST 33.50 FEET FROM THE NORTHERLY LINE OF SAID LOT 3, MEASURED ALONG SAID WESTERLY LINE; THENCE SOUTH 89°42'38" WEST 159.25 FEET PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 3 TO A POINT, SAID POINT TO BE CALLED POINT A FOR THE PURPOSES OF THIS LEGAL DESCRIPTION; THENCE SOUTH 89°42'38" WEST 283.00 FEET ALONG SAID PARALLEL LINE TO A POINT, SAID POINT TO BE CALLED POINT B FOR THE PURPOSES OF THIS LEGAL DESCRIPTION; THENCE SOUTH 89°42'38" WEST 293.00 FEET ALONG SAID PARALLEL LINE TO A POINT, SAID POINT TO BE CALLED POINT C FOR THE PURPOSES OF THIS LEGAL DESCRIPTION; THENCE SOUTH 89°42'38" WEST 70.57 FEET ALONG SAID PARALLEL LINE TO A POINT, THAT IS 33.5 FEET EASTERLY OF THE WESTERLY LINE OF SAID LOT 3; THENCE SOUTH 00°31' 18" EAST 260.75 FEET PARALLEL WITH THE WESTERLY LINE OF SAID LOT 3 TO A POINT, SAID POINT TO BE CALLED POINT D FOR THE PURPOSES OF THIS LEGAL DESCRIPTION; THENCE SOUTH 00*31' 18"BAST 50.79 FEET ALONG LAST SAID PARALLEL LINE AND ITS SOUTHERLY PROLONGATION TO A POINT THAT IS 13.5 FEET SOUTHERLY OF THE SOUTHERLY LINE OF SAID LOT 3; THENCE NORTH 89'42'26" EAST 40.69 FEET ALONG A LINE THAT IS 13.50 FEET SOUTHERLY AND PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 3 TO A POINT THAT IS 150.00 FEET WESTERLY, MEASURED ALONG LAST SAID PARALLEL LINE, OF THE EASTERLY LINE OF LOT 1 OF TRACT NO. 11349, SAID POINT TO BE CALLED POINT E FOR THE PURPOSES OF THIS LEGAL DESCRIPTION; THENCE SOUTH 00' 17'34" EAST 116.96 FEET TO A POINT THAT IS 23.5 FEET NORTHERLY OF THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF PARCEL 1 OF RECORD OF SURVEY FILED IN BOOK 51 PAGE 33 OF RECORDS OF SURVEY; THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID PARCEL 1 SOUTH 89°35' 11" WEST 316.18 FEET TO A POINT IN THE EASTERLY LINE OF THE WESTERLY 20 FEET OF SAID PARCEL 1. PAGE 1 OF 2 JOB NO.09-035 TOGETHER WITH A STRIP OF LAND 24.00 FEET WIDE LYING 12.00 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT A THENCE NORTH 00° 17'22" WEST 33.50 FEET TO THE NORTHERLY LINE OF LOT 3 OF THE A.L. ROSS TRACT. TOGETHER WITH A STRIP OF LAND 25.00 FEET WIDE LYING 12.50 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT B THENCE NORTH 00°17'22" WEST 33.50 FEET TO THE NORTHERLY LINE OF LOT 3 OF THE A.L. ROSS TRACT. TOGETHER WITH A STRIP OF LAND 25.00 FEET WIDE LYING 12.50 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT C THENCE NORTH 00°17'22" WEST 33.50 FEET TO THE NORTHERLY LINE OF LOT 3 OF THE A.L. ROSS TRACT. TOGETHER WITH A STRIP OF LAND 20.00 FEET WIDE LYING 10.00 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT D THENCE NORTH 89'28'42" EAST 41.50 FEET. TOGETHER WITH A STRIP OF LAND 27.00 FEET WIDE LYING 13.50 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT E THENCE NORTH 89'42'26" EAST 150.00 FEET TO THE EASTERLY LINE OF LOT 1 OF TRACT NO. 11349. THE SIDELINES OF THE ABOVE DESCRIBED STRIPS ARE TO BE EXTENDED OR SHORTENED AS NEEDED TO TERMINATE IN THE ABOVE DESCRIBED LINES. RICHARD M. SNEDAKER, P.L.S. NO.7565 PAGE 2 OF 2 JOB NO.09-035 rz® REc�°v .STAFF REPORT Cm���`$OFFICOMMLJNITY SERVICES &WATER DEPARTMENT DATE: March 3, 2011 TO: Honorable Mayor and City Council FROM: Samuel Kevin Wilson*irector of Community Services & Water RE: Fire Lane Easement Deed — 2825 Santa Fe Avenue & 2225 37tb Street Enclosed for your consideration is a fully executed Easement Deed from On Santa Fe Partners, LLC, for the properties at 2825 Santa Fe Avenue and 2225 37t' Street. The Easement to the City is for the maintenance of a fire vehicle access lane at the above mentioned locations. The City Attorney's office has reviewed and approved the Easement Deed. Also included is an executed Subordination Agreement requested by the City Attorney. I recommend that the Easement Deed, Certificate of Acceptance and the Subordination Agreement be approved and the Easement Deed be adopted and the Mayor and City Clerk be authorized to execute. RECORDING REQUESTED BY and WHEN RECORDED MAIL TO: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attn: City Clerk MAIL TAX STATEMENTS TO: Exempt THE SPACE ABOVE IS FOR RECORDER'S USE EASEMENT GRANT DEED APN• 6302-006-013 & 6302-006-023 DOCUMENTARY TRANSFER TAX IS NONE - NOT REQUIRED SEC.11922 REVENUE TAXATION CODE. FOR VALUABLE CONSIDERATION, RECEIPT OF WI3ICH IS HEREBY ACKNOWLEDGED, On Santa Fe Partners, LLC, A California Limited Liability Company (the "Grantor") HEREBY GRANT(S) TO: City of Vernon, a body corporate and politic: (the "Grantee") That certain real property (the "Conveyed Property"), as described in Exhibit "A" attached hereto and incorporated herein by this reference, and as more particularly shown on the map attached hereto as Exhibit "B" and incorporated herein by this reference. The Conveyed Property is a portion of the property owned by the Grantor. The property is located in the City of Vernon, County of Los Angeles, State of California. Date: T n - 1 9 , 20PI-0 "Grantor" On Santa Fe Partners, LLC a California limited liability company R* Si l wan Tnyast-mein Company -�-�-� •a Calkfldiifta General Partnership Manager Signature M.M. Siam Managing Partner Xww,-2'-t1,- StgncrEu�� State of California County of rn g I C' On J ONG 15, 2-010beforeme, C N ELSOh 1�onft P� ' (Insert Name ofNotky Public and Ti e) personally appeared M. M . SIAM who proved to me on the basis of satisfactory evidence to be the persons 'whose name(syf Wort subscribed to the within instrument and acknowledged to me that he/site/thay executed the same in his/her lipir authorized capacity(ies); and that by his/her/their signature(s� on the instrument the person(s),—or the entity upon behalf on which the personKacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS Signature and official seal. (Seal) VAC IS N Commhston • 1797314 Notary public • California to$ Angeles County f CMM90MMCv42M2 SNEDAKER LAND SURVEYING P.O. BOX 2305 IRWINDALE, CALIFORNIA 91706 (626) 841-2403 (626) 966-7106 FAX JUKE 15, 2010 EXHIBIT A 27' WIDE FIRE ACCESS LANE EASEMENT LEGAL DESCRIPTION A PORTION OF LOT 1 OF A.L. ROSS TRACT IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 36 PAGE 72 OF MISCELLANEOUS RECORDS, PARCEL 1 OF RECORD OF SURVEY IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 51 PAGE 33 OF RECORDS OF SURVEYS AND LOT I OF TRACT NUMBER 11349 IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 203 PAGES 33 AND 34 OF MAPS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, A STRIP OF LAND 27.00 FEET WIDE LYING 13.50 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERLY LINE OF THE EASTERLY 40 FEET OF LOT 3 OF THE A.L. ROSS TRACT THAT IS SOUTH 00°29'47" EAST 33.50 FEET FROM THE NORTHERLY LINE OF SAID LOT 3, MEASURED ALONG SAID WESTERLY LINE; THENCE SOUTH 89°42'38" WEST 159.25 FEET PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 3 TO A POINT, SAID POINT TO BE CALLED POINT A FOR THE PURPOSES OF THIS LEGAL DESCRIPTION; THENCE SOUTH 89°42'38" WEST 283.00 FEET ALONG SAID PARALLEL LINE TO A POINT, SAID POINT TO BE CALLED POINT B FOR THE PURPOSES OF THIS LEGAL DESCRIPTION; THENCE SOUTH 89°42'38" WEST 293.00 FEET ALONG SAID PARALLEL LINE TO A POINT, SAID POINT TO BE CALLED POINT C FOR THE PURPOSES OF THIS LEGAL DESCRIPTION; THENCE SOUTH 89°42'38" WEST 70.57 FEET ALONG SAID PARALLEL LINE TO A POINT, THAT IS 33.5 FEET EASTERLY OF THE WESTERLY LINE OF. SAID LOT 3; THENCE SOUTH 00°31' 18" EAST 260.75 FEET PARALLEL WITH THE WESTERLY LINE OF SAID LOT 3 TO A POINT, SAID POINT TO BE CALLED POINT D FOR THE PURPOSES OF THIS LEGAL DESCRIPTION; THENCE SOUTH 00*3l' 18" EAST 50.79 FEET ALONG LAST SAID PARALLEL LINE AND ITS SOUTHERLY PROLONGATION TO A POINT THAT IS 13.5 FEET SOUTHERLY OF THE SOUTHERLY LINE OF SAID LOT 3; THENCE NORTH 89°42'26" EAST 40.69 FEET ALONG A LINE THAT IS 13.50 FEET SOUTHERLY AND PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 3 TO A POINT THAT IS 150.00 FEET WESTERLY, MEASURED ALONG LAST SAID PARALLEL LINE, OF THE EASTERLY LINE OF LOT 1 OF TRACT NO. 11349, SAID POINT TO BE CALLED POINT E FOR THE PURPOSES OF THIS LEGAL DESCRIPTION; THENCE SOUTH 00° 17'34" EAST 116.96 FEET TO A POINT THAT IS 23.5 FEET NORTHERLY OF THE EASTERLY PROLONGATION OF TIE SOUTHERLY LINE OF PARCEL 1 OF RECORD OF SURVEY FILED IN BOOK 51 PAGE 33 OF RECORDS OF SURVEY; THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID PARCEL 1 SOUTH 89*35' 11" WEST 316.18 FEET TO A POINT IN THE EASTERLY LINE OF THE WESTERLY 20 FEET OF SAID PARCEL 1. PAGE 1 OF 2 JOB NO.09-035 TOGETHER WITH A STRIP OF LAND 24.00 FEET WIDE LYING 12.00 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT A THENCE NORTH 00° 17'22" WEST 33.50 FEET TO THE NORTHERLY LINE OF LOT 3 OF THE A.L. ROSS TRACT. TOGETHER WITH A STRIP OF LAND 25.00 FEET WIDE LYING 12.50 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT B THENCE NORTH 00° 17'22" WEST 33.50 FEET TO THE NORTHERLY LINE OF LOT 3 OF THE A.L. ROSS TRACT. TOGETHER WITH A STRIP OF LAND 25.00 FEET WIDE LYING 12.50 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT C THENCE NORTH 00° 17'22" WEST 33.50 FEET TO THE NORTHERLY LINE OF LOT 3 OF THE A.L. ROSS TRACT. TOGETHER WITH A STRIP OF LAND 20.00 FEET WIDE LYING 10.00 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT D THENCE NORTH 89°28'42" EAST 41..50 FEET. TOGETHER WITH A STRIP OF LAND 27.00 FEET WIDE LYING 13.50 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT E THENCE NORTH 89°42'26" EAST 150.00 FEET TO THE EASTERLY LINE OF LOT 1 OF TRACT NO. 11349. THE SIDELINES OF THE ABOVE DESCRIBED STRIPS ARE TO BE EXTENDED OR SHORTENED AS NEEDED TO TERMINATE IN THE ABOVE DESCRIBED LINES. RICHARD M. SNEDAKER, P.L.S. NO.7565 ®. � ccmp� is M No.7m PAGE 2 OF 2 JOB NO.09-035 SANTA FE_AVENUE (80 FEET WIDE) M Io O J 177 o'er o f �oI m Lo m o f n w� vo) M O I ifs Lo OLd z � 00 I � Jn N 0 I 00 M I N I LOT 3 z � o i a i M.R. 36-72 c) 0 O IDo�I z� I „\ i--I POINT A 12.0' 7 I I � I � iqr� Iol 0°o�,IN Z co m �\ I r-I- POINT B 12.5' — �7 I IL L N 0 00 -0 i- L? I M O O M 10)N z 100 N 172. 22.5' POINT C 12.5' — 1 i SNEDAKER LAND SURVEYING P.O. BOX MW F WWAM CALFOFMA 9906 (626) W24M (626) 966-7106 EXHIBIT B INGFESS, EGG ESS AND RE LANE EASEMENT 141, �ca ac - rn i L.m NOL mee PREPARED FOR: ON SANTA FE PARTNE A LLC 6-15-10 09-035 RMS 09-035- 1"= 50' 1 OF 2 'o E'LY LINE LOT 1 0 3 M.B. 203-33/34 J N w ^ N ,o i z� C\JI ri r J O) I � 00 N I N C C o� 00 z I I PORTION LOT 1 TRACT NO 11349 M.B. 203-33/34 /12.5' POINT C w 3 -1 ao I cV DoLo 0012.5 o) i POINT E L-- I 0) n , 0 °� .5M /SOO 17'34'"�13II IlI z 0o V) I 116.96 - ---� 3. 15��I 00 L o � IC:)� _>Zi o — — — — — — S00°31'18"E 13.5' — 5M 1. -' - 260.75' 13.5' --------- POINT D io I — — J nl 13.5' — F-------- 20.0' 20.0' I q- 0 rn I K 1 z 1'18"E W'LY LI NF LOT 3 M.R. 36-72 I I 0 I�coF PARCEL 1 I Lo to R.S. 51-33 I o) I i i I o z to Lq W'LY LINE PARCEL 1 I r2 r- R.S. 51-33 N SACO STREET No (4 PERDE BK 23IVATE 71 PG 380 ET o SNEDAKER LAND SURVEYING P.O. BOX 2305 FMAWALE, CALFOFMA 91706 (626) 841-2403 (626) 966-7106 EXHM B INGRESS, EOFESS AND FIRE LANE EASEiu1 W PREPARED FOR: ON SANTA F E PARTNERB LLC DATE: 1 6-15-10 JOB # 09-035 DRAWN RMS CAD 09-035-S SCALE 1 SHEET 2 OF 2 Parcel name: FIRE ACCESS LANE STRIP A North: 3765.0668 East: 2834.1156 Line Course: N 00-17-22 W Length: 3 3.5 0 North: 3798.5663 East: 2833.9464 Line Course: S 00-17-22 E Length: 33.50 North: 3765.0668 East: 2834.1156 STRIP B North: 3763.6371 East: 2551.1192 Line Course: N 00-17-22 W Length: 33.50 North: 3797.1367 East: 2550.9500 Line Course: S 00-17-22 E Length: 33.50 North: 3763.6371 East: 2551.1192 STRIP C North: 3762.1570 East: 2258.1230 Line Course: N 00-17-22 W Length: 33.50 North: 3795.6565 East: 2257.9537 Line Course: S 00-17-22 E Length: 33.50 North: 3762.1570 East: 2258.1230 STRIP D North: 3501.0613 East: 2189.9279 Line Course: N 89-28-42 E Length: 41.50 North: 3501.4391 East: 2231.4262 Line Course: S 89-28-42 W Length: 41.50 North: 3501.0613 East: 2189.9279 STRIP E North: 3450.4813 East: 2231.0798 Line Course: N 89-42-26 E Length: 150.00 North: 3451.2478 East: 2381.0779 Line Course: S 89-42-26 W Length: 150.00 North: 3450.4813 East: 2231.0798 CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that interests in real property conveyed to or created in favor of the City of Vernon by that certain Fire Lane Easement Deed dated June 15, 2010 executed by On Santa Fe partners, LLC is hereby accepted by the undersigned officer on behalf of the City pursuant to the authority conferred, by Resolution No. of the City Council of the City adopted on April 5, 2011, and the grantee consents to recordation thereof by its duly authorized officer. Dated: 2011 State of California County of On personally appeared before me, Hilario Gonzales, Mayor ACKNOWLEDGMENT (insert name and title of the officer) 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. Signature (Seal) Signature of Notary Public 1204895.1 v1 �� e LY 11"49J COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Mark Whitworth-, City Administrator FROM: Samuel Kevin Wilson, Director of Community Services & Water DATE: March 3, 2011 SUBJECT: FIRE LANE EASEMENT DEED — 2825 Santa Fe Avenue & 2225 37a' Street The Community Services Department has reviewed and approved the Easement Deed for the properties located at 2825 Santa Fe Avenue & 2225 37t' Street. The Fire Lane Easement Deed has been reviewed and approved by the Code Inspector in the Fire Department. The Easement to the City is for the maintenance of a fire vehicle access lane at the above mentioned locations. The Easement includes a Subordination Agreement between the City and the Lender requested by the City Attorney. It is my recommendation that the Easement Deed, Certificate of Acceptance and Subordination Agreement be approved and the Mayor and City Clerk be authorized to execute. Please place this item on the April 5, 2011 City Council meeting agenda. Thank you. SKW/Im Enclosures This page is part of your document - DO NOT DISCARD of�os;, mi1o6o9ss6 RECEIVED f � I 111 11111 11�11 11I11 11I11 11I11 11I1I 11I11 jj�j I11I P00gg 09 MAY 0 5 2011 + + Recorded/Filed in Official Records Recorder's Office, Los Angeles County, MY CLEWS OFFICE � x � � California 41Fo04/27/11 AT 02:18PM FEES: 0.00 TAXES: 0.00 OTHER: 0.00 PAID: 0.00 A 111111111111111111111111111111111111111111111111111111111111111111111111 LEADSHEET 201104270770168 00004077956 ImI�I�IIIIIIAVIIVIN��I 003279509 SEQ: 01 DAR unioaiuiimiiiMail i(Hard iie 1111111111 IN THIS FORM IS NOT TO BE DUPLICATED E535755 0 RECORDING REQUESTED BY and WHEN RECORDED MAIL, TO: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attn: City Clerk MAIL. TAX STATEMENTS TO: Exempt THE SPACE ABOVE IS FOR RECORDER'S USE EASEMENT GRANT DEED ApN; 6302-006-013 & 6302-006-023 DOCUMENTARY TRANSFER TAX IS NONE — NOT REQUIRED SEC.11922 REVENUE TAXATION CODE. FOR VALUABLE CONSIDERATION, RECEIPT OF W1-IiCH IS HEREBY .ACKNOWLEDGED, On Santa Fe Partners, LLC, A California Limited Liability Company (the "Grantor") HEREBY GRANT(S) TO: City of Vernon, a body corporate and politic (the "Grantee") That certain. real property (the "Conveyed Property"), as described in Exhibit "A" attached hereto and incorporated herein by this reference, and as more particularly shown on the map attached hereto as Exhibit "B" and incorporated herein by this reference. The Conveyed Property is a portion of the property owned by the Grantor. The property is located in the City of Vernon, County of Los Angeles, State of California. Date: Jam, 1 S , 200-Lo "Grantor" On Santa Fe Partners, LLC a California limited liability company BY - 4i 1 Sian Tnyactmof-n !'imp any •a CaliTd3 riflia General Partnership ManagerA"o Signature M.M Siam Managing Partner State of California County of U05 I C a On dUNE 15,12-010beforeme, 1 �y/(�){/=�}(/�' �I1 I\7���%((��/) Iry)�1 I� 1 I V V� I v LS� F t� V 1 A \ 1 � 1 1 V b V`U (Insert Dame of No Public and Ti e) personally appeared M. M. S I A M who proved to me on the basis of satisfactory evidence to be the person whose nazne(,xy is/art subscribed to the within instrument and acknowledged to me that he/sheftey executed the same in his/her th,oir authorized capacity(ie* and that by his/her/their signature(s� on the instrument the person(,q),—or the entity upon behalf on which the persoilKacted, executed the instrument. I certify` under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. TRAC1► NEIB N CommNSlM #t 1197316 Notary Nub o - CoNfoanla WITNESS m d and official seal. ' Los Anpslos County M CMM90M W4,2M2 Signature (Seal) 1� SNEDAIKER LAND SURVEYING P.O. BOX 2305 IRWINDALE, CALIFORNIA 91706 (626) 841-2403 (626) 966-7106 FAX DUNE 15, 2010 EXHIBIT A 27' WIDE FIRE ACCESS LANE EASEMENT LEGAL DESCRIPTION A PORTION OF LOT 1 OF A.L. ROSS TRACT IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 36 PAGE 72 OF MISCELLANEOUS RECORDS, PARCEL I OF RECORD OF SURVEY IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 51 PAGE 33 OF RECORDS OF SURVEYS AND LOT 1 OF TRACT NUMBER 11349 IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 203 PAGES 33 AND 34 OF MAPS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, A STRIP OF LAND 27.00 FEET WIDE LYING 13.50 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERLY LINE OF THE EASTERLY 40 FEET OF LOT 3 OF THE A.L. ROSS TRACT THAT IS SOUTH 00°29'47" EAST 33.50 FEET FROM THE NORTHERLY LINE OF SAID LOT 3, MEASURED ALONG SAID WESTERLY LINE; THENCE SOUTH 89°42'38" WEST 159.25 FEET PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 3 TO A POINT, SAID POINT TO BE CALLED POINT A FOR THE PURPOSES OF THIS LEGAL DESCRIPTION; THENCE SOUTH 89°42'38" WEST 283.00 FEET ALONG SAID PARALLEL LINE TO A POINT, SAID POINT TO BE CALLED POINT B FOR THE PURPOSES OF THIS LEGAL DESCRIPTION; THENCE SOUTH 89'42'38" WEST 293.00 FEET ALONG SAID PARALLEL LINE TO A POINT, SAID POINT TO BE CALLED POINT C FOR THE PURPOSES OF THIS LEGAL DESCRIPTION; THENCE SOUTH 89'42'38" WEST 70.57 FEET ALONG SAID PARALLEL LINE TO A POINT, THAT IS 33.5 FEET EASTERLY OF THE WESTERLY LINE OF SAID LOT 3; THENCE SOUTH 00°31' 18" EAST 260.75 FEET PARALLEL WITH THE WESTERLY LINE OF SAID LOT 3 TO A POINT, SAID POINT TO BE CALLED POINT D FOR THE PURPOSES OF THIS LEGAL DESCRIPTION; TI4ENCE SOUTH 00'31' 18" EAST 50.79 FEET ALONG LAST SAID PARALLEL LINE AND ITS SOUTHERLY PROLONGATION TO A POINT THAT IS 13.5 FEET SOUTHERLY OF THE SOUTHERLY LINE OF SAID LOT 3; THENCE NORTH 89'42'26" EAST 40.69 FEET ALONG A LINE THAT IS 13.50 FEET SOUTHERLY AND PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 3 TO A POINT THAT IS 150.00 FEET WESTERLY, MEASURED ALONG LAST SAID PARALLEL LINE, OF THE, EASTERLY LINE OF LOT 1 OF TRACT NO. 11349, SAID POINT TO BE CALLED POINT E FOR THE PURPOSES OF THIS LEGAL DESCRIPTION; THENCE SOUTH 00° 17'34" EAST 116.96 FEET TO A POINT THAT IS 23.5 FEET NORTHERLY OF THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF PARCEL 1 OF RECORD OF SURVEY FILED IN BOOK 51 PAGE 33 OF RECORDS OF SURVEY; THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID PARCEL 1 SOUTH 89'35' 11" WEST 316.18 FEET TO A POINT IN THE EASTERLY LINE OF THE WESTERLY 20 FEET OF SAID PARCEL 1. PAGE I OF 2 JOB NO.09-035 0 TOGETHER WITH A STRIP OF LAND 24.00 FEET WIDE LYING 12.00 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT A THENCE NORTH 00° 17'22" WEST 33.50 FEET TO THE NORTHERLY LINE OF LOT 3 OF THE A.L. ROSS TRACT. TOGETHER WITH A STRIP OF LAND 25.00 FEET WIDE LYING 12.50 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT B THENCE NORTH 00° 17'22" WEST 33.50 FEET TO THE NORTHERLY LINE OF LOT 3 OF THE A.L. ROSS TRACT. TOGETHER WITH A STRIP OF LAND 25.00 FEET WIDE LYING 12.50 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT C THENCE NORTH 00' 17'22" WEST 33.50 FEET TO THE NORTHERLY LINE OF LOT 3 OF THE A.L. ROSS TRACT. TOGETHER WITH A STRIP OF LAND 20.00 FEET WIDE LYING 10.00 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT D THENCE NORTH 89'28'42" EAST 41.50 FEET. TOGETHER WITH A STRIP OF LAND 27.00 FEET WIDE LYING 13.50 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT E THENCE NORTH 89°42'26" EAST 150.00 FEET TO THE EASTERLY LINE OF LOT 1 OF TRACT NO. 11349. THE SIDELINES OF THE ABOVE DESCRIBED STRIPS ARE TO BE EXTENDED OR SHORTENED AS NEEDED TO TERMINATE IN THE ABOVE DESCRIBED LINES. %7 RICHARD M. SNEDAKER, P.L.S. NO.7565 0 Em rae�f 1� ® No. PAGE 2 OF 2 JOB NO.09-035 SANTA FE AVENUE r(80 FEET WIDE) o 0 J � w I W „ z N Imo. I I o f o f �M NCI I Ld con o I u>I 0 0 N N �� I �I z'; Do _ O M J 1 0 N N O M 107 I L O T 3 o 0) MIN 0) M.R. 36-72 z =00 o r� l 0)Lo �O I Do I Znl`n I POINT A 12.0' 7 I I I � I N o I Do - r-, Lq o I Do 0Mlo)INI Z 00 �1Nl,� I r-f- POINT B 12.5' •zzz� N 0 DO -0 r- u I !o o o�l��l O I0)1N Z/\, I cn I 12.5' POINT C 12.5' 1 I SNEDAKER ExHBr e PREPARED FOR: LAND SURVEYING INGRESS, EGRESS ON SIWrA FE P.O. BOX ZW5 AM PARTN EFA LLC RWNDALE, CALFOMA GV06 FM LANE EASEMENT (626) W24M (626) 966-7106 6-15-10 09-035 RMS 09-035- 1 "= 50' 1 OF 2 'o E'LY LINE LOT 1 o d M.B. 203-33/34 I I I I I I 04 o I 00 o oMc ��I I00 z ^I (n i POINT C I w PORTION LOT 1 TRACT NO 11349 M.B. 203-33/34 -12.5' 3ao lI o to00I I POINT E �N 00 rn — — — — M S00°17'34"E 113.5'o Q � 3.5'do z . 96 6—1� N7 I o I Lq Ln L — — — — — — — ILq 'Y' rn — o I "� S00°31 '18"E 13.5' — 13.5' I r N I 260.75' 13.5' —POINT D 13.5' I -- N m L---------� ---- ,w o I I lqt 20.0' 20.0' I z S00"31'18"E W'LY LI NE LOT 3 M.R. 36-72 EXR PARCEL 1 R.S. 51-33 W'LY LINE PARCEL 1 R.S. 51-33 r-coj— SACO STREET �1 f�iV. /Ol7 0 (40' WIDE PRIVATE STREET o — PER BK 2371 PG 380) "' ------- SNEDAKER PREPARED FOR: DATE: 6-15-10 EXHIBIT B JOB # 09-035 LAND SURVEYING MCFESS, EOAESS ON SANTA F E DRAWN RMS P.O. BOX 2305 AND PARTI�, LLC CAD 09-035-S FMDALE, CALFOF�NA 9V06 F� LANE EASBAENT SCALE 1 "= 50' (626) 841-2403 (626) %6-7106 SHEET 2 OF 2 Parcel name: FIRE ACCESS LANE STRIP A North: 3765.0668 East : 2834.1156 Line Course: N 00-17-22 W Length: 33.50 North: 3798.5663 East: 2833.9464 Line Course: S 00-17-22 E Length: 33.50 North: 3765.0668 East: 2834.1156 STRIP B North: 3763.6371 East: 2551.1192 Line Course: N 00-17-22 W Length: 33.50 North: 3797.1367 East: 2550.9500 Line Course: S 00-17-22 E Length: 33.50 North: 3763.6371 East : 2551.1192 ti o North: 3762.1570 East: 2258.1230 Line Course: N 00-17-22 W Length: 33.50 North: 3795.6565 East: 2257.9537 Line Course: S 00-17-22 E Length: 33.50 North: 3762.1570 East: 2258.1230 STRIP D North: 3501.0613 East: 2189.9279 Line Course: N 89-28-42 E Length: 41.50 North: 3501.4391 East: 2231.4262 Line Course: S 89-28-42 W Length: 41.50 North: 3501..0613 East: 2189.9279 �121111101 North: 3450.4813 East: 2231.0798 Line Course: N 89-42-26 E Length: 150.00 North: 3451.2478 East : 2381.0779 Line Course: S 89-42-26 W Length: 150.00 North: 3450.4813 East: 2231.0798 CERTIFICATE OF ACCEPTANCE This is to certify that interest in real property conveyed to or created in favor of the City of Vernon by that certain Fire Lane Easement Deed dated June 15, 2010, executed by On Santa Fe Partners, LLC is hereby accepted by the undersigned officer on behalf of the City pursuant to the authority conferred by Resolution No. 2011-54 of the City Council of the City adopted April 5, 2011, and the grantee consents to recordation thereof by its duly authorized officer. Dated: �< l CITY OF VERNON -e� �4eL HILARIO GONZALES, MAYOR APPRQVED AS TO FORM: G. Y UC , Interim City Attorney This page is part of your document - DO NOT DISCARD LOS„��c Zo i 1 oso9687 RECEIVED f MAY 0 5 � 11111111111111111111111111111111111111111111111111111111 IN IN 2011 + + Recorded/Filed in Official Records CITY CLERK'S OFFICE �c Recorder's Office, Los Angeles County, x — x California e�elFORN`� 04/27/11 AT 02:18PM P0g14� FEES: 0.00 TAXES: 0.00 OTHER: 0.00 PAID: 0.00 I nlllll II IIO�I II nlll� II II�III DI II@III II IIIIII II II IIII I� IIIII III IIIIIII II IIII LEADSHEET IIIIIIIII�IIIIIIII�IIIIIIIAIII�IIIIIIIIIIIIIIUIIIIIIIIIIIIIIIIIIIIBIIII 201104270770168 00004077957 Ilflllllllllll�fl�llllll�lll 003279509 SEQ: 02 miimnuuMail i(Hard uCopy) muus � 111111111111111111111111 IN 1111111111111111111111111 IN IIIIIIII 1111111 � RECORDING,REQUESTED'BY and WHEN RECORDED MAIL TO: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 0a12712011 Attn: City Clerk *20110609687 Above area for recorder's use only M:\STATE- DEAL FILES\INVCA\Santa Fe (12-09)\Fire Lane Easement (11-2010)\SNDA (Easement) On Santa Fe 2-3-11 clean pdf.doc SUBORDINATION AGREEMENT BY AND BETWEEN CITY OF VERNON CALIFORNIA maw LIFE INSURANCE COMPANY OF THE SOUTHWEST Recording requested by and after recording please return to Law Offices of F. J. von Turkovich, PC One National Life Drive, M-230 Montpelier, VT 05604 Please do not remove or alter this reference: Forms — Issues\SN �A# JE to e� NDA Form (M 1-2010) SUBORDINATION AGREEMENT This Subordination Agreement ("Agreement") made effective as of the 5 th day of April , 2011, by and among the CITY OF VERNON, CALIFORNIA, a (the "City"), and LIFE INSURANCE COMPANY OF THE SOUTHWEST, a Texas corporation ("Lender"), all of whom are referred to herein, collectively, as the "Parties." WITNESSETH: WHEREAS, Lender made a loan (the "Loan") to ON SANTA FE PARTNERS, LLC , a California limited liability company ("Owner") and, as security for the Loan, Owner granted to Fidelity National Title Insurance Company, as Trustee for Lender, a Deed Of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (the "Mortgage"), which Mortgage was recorded with the Los Angeles County land records on June 4, 2010 as instrument number 20100760062;and WHEREAS, the Mortgage encumbers, among other things, certain real property known as On Santa Fe Industrial Buildings located at 2825 Santa Fe Avenue, Vernon, CA 90058, which Property is more particularly described on Exhibit A attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, Owner has agreed to grant to the City a Fire Lane Easement (the "Easement") over the portion of the Property described on Exhibit B attached hereto and incorporated herein by reference(the "Fire Lane"); and WHEREAS, at Owner's request, Lender has agreed to subordinate the Mortgage to the Easement. NOW, THEREFORE, for and in consideration of the foregoing premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Recitals. The Parties agree that the foregoing recitals are true and correct and incorporated herein by this reference. 2. Subordination. The Mortgage and all of Lenders rights, interests and claims under the Mortgage shall be subordinate to the Easement and the rights of the City to enforce the terms and conditions of the Easement, with the same force and effect as if the Easement had been executed and recorded prior to the execution and recording of the Mortgage; provided, however, that the relative priority of the Mortgage shall otherwise remain unaffected. 3. Casualty and Condemnation. Notwithstanding the Easement or anything to the contrary contained in this Agreement, the Lender shall have a priority claim, including, but not limited to in preference to the City, to all insurance proceeds resulting from any casualty, hazard or Please do not remove or alter this reference: Forms — Issues\SNI A — S o�Ae SNDA Form (M 1-2010) Subordination Agreement Page 2 accident, and to all proceeds of condemnation proceedings, affecting the Property, including, but not limited to the Fire Lane, until the Mortgage is paid off and discharged. 4. Foreclosure. Lender shall have no obligation, debt, or liability under the Easement until Lender, its successors, assigns, or a purchaser in foreclosure under it obtains ownership or possession of the Property. In the event of a foreclosure of the Mortgage, or a transfer in lieu of foreclosure of any portion of the Property, the purchaser at any such foreclosure or the transferee under any deed in lieu of foreclosure shall take title to the Property subject to all of the terms and conditions of the Easement. 5. Notice. "Notice" means any notice, demand, or other communication or document to be provided under this Agreement or the Lease. All Notices shall be in writing and shall be given to the Party at its address set forth below or such other address as the Party may later specify for that purpose by Notice to the other Party. Each Notice shall, for all purposes, be deemed given and received: a. If hand delivered to a Party against receipted copy, when the copy of the Notice is receipted; b. If given by a nationally recognized and reputable overnight delivery service, on the day on which the Notice is actually received by the Party at the address of the Party as specified below; or C. If given by certified mail, return receipt requested, postage prepaid, two (2) business days after it is posted with the United States Postal Service, at the address of the Party as specified below: City: City of Vernon, California c/o City Administrator 4305 Santa Fe Avenue Vernon, CA 90058 Lender: LIFE INSURANCE COMPANY OF THE SOUTHWEST c/o Sentinel Asset Management, Inc. One National Life Drive, M501 Montpelier, VT 05604 Please do not remove or alter this reference: Forms — Issues\SN) o e NDA Form (M I-2010) 0 Subordination Agreement Page 3 With copy to: LAW OFFICES OF F. J. VON TURKOVICH, P.C. One National Life Drive, M230 Montpelier, VT 05604 If Notice is tendered under the provisions of this Agreement and is refused by the intended recipient, the Notice shall nonetheless be considered to have been given and shall be effective as of the date provided in this Agreement. The foregoing notwithstanding, any Notice given to a Party in a manner other than that provided in this Agreement and that is actually received by the Party, shall be effective with respect to such Party on the receipt date of the Notice. 6. Definitions. The term "Lender" as used herein shall include the Lender, the successors and assigns of Lender and any other person, party or entity which shall become the owner of the Property by foreclosure of the Mortgage or the acceptance of a deed or assignment in lieu of foreclosure or otherwise, but in no event shall Lender be personally liable for the failure of any such purchaser, successor or assignee to comply with the terms of this Agreement. The term "City" as used herein shall include the City, its successors and assigns and any other party or entity which shall become the holder of the Easement. 7. No Oral Modifications. This Agreement may not be modified in any manner or terminated except by an instrument in writing executed by the Parties hereto or their respective permitted assigns or successors in interest. 8. Governing Law. This Agreement shall be deemed to be a contract entered into pursuant to and shall in all respects be governed, construed, applied and enforced in accordance with the laws of the state where the Property is located. 9. Arbitration and Venue. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in Los Angeles, California. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The arbitrator shall be a retired judge. All decisions of the arbitrators shall be in writing, and the arbitrators shall provide written reasons for their decision. The arbitration decision shall be final and binding on the Parties. Judgment on the award may be entered in any court having jurisdiction pursuant to this agreement. This clause shall not preclude Parties from seeking provisional remedies in aid of arbitration from a court having jurisdiction pursuant to this Agreement. The exclusive jurisdiction and venue under this Agreement shall be the Superior Court of California, Los Angeles County. Please do not remove or alter this reference: Forms -Issues\SNi-� e NDA Form (M 1-2010) Subordination Agreement Page 4 10. Inapplicable Provisions; Survival. If any term, covenant or condition of this Agreement is held to be invalid, illegal or unenforceable in any respect, this Agreement shall be construed without such provision. 11. Benefit and Burden of Agreement. This Agreement shall inure to the benefit of the Parties hereto, their successors and permitted assigns; provided, however, that in the event of the assignment or transfer of the interest of Lender, all obligations and liabilities of Lender under this Agreement shall terminate, and thereupon all such obligations and liabilities shall be the responsibility of the Party to whom Lender's interest is assigned or transferred. 12. Agreements to Run with Land. This Agreement and the covenants herein contained are intended to run with and bind all land affected hereby. 13. Number and Gender. Whenever the context may require, any pronouns used herein shall include the corresponding masculine, feminine or neuter forms, and the singular form of nouns and pronouns shall include the plural and vice versa. 14. Duplicate Originals; Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original instrument and all of which together shall constitute a single Agreement and a telecopy or facsimile transmission thereof shall be binding on the party or Parties whose signatures appear thereon. The failure of any Party hereto to execute this Agreement, or any counterpart hereof, shall not relieve the other Parties from their obligations hereunder. (Execution pages follow) Please do not remove or alter this reference: Forms — Issues\SND o e NDA Form (M 1-2010) Subordination Agreement Execution Page 1 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the day and year first above written. AP OVED FORM: Wi lard G a uc i Interim Cit to ey CITY CITY OF VERNON CALIFORNIA, a By: " —1 Name: Hilario Gonzales Title: Mayor Al/Al STATE OF eld, 'G. Yam ,u h', City Clerk COUNTY OF �O� /�� � 2011, before me who proved to me on the basis of satisfactory evidence to be the person whose name) is/fie subscribed to the within instrument, and acknowledged to me that he/sV/tvy executed the within instrument in his/hg/r/the,d authorized capacity(A and that by his/Vr/th/r signatureA on the within instrument, the person(, or entity upon behalf of which the person 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. Signature eal) ANA KARINA RUEDA Commission # 1900284 Z r Notary Public - California a Los Angeles County M Comm. Wires Aug19, 2014 . ! j L IS Please do not remove or alter this reference: Forms -- Issues\SNDA — Estoppel\SNDA Form (M 1-2010) Subordination Agreement Execution Page 2 LENDER LIFE INSURANCE COMPANY OF THE SOUTHWEST . C Steven G ood, Vice Presiden Sentinel Asset Management, Inc. Duly Authorized Representative STATE OF VERMONT COUNTY OF WASHINGTON This instrument was acknowledged before me on this day of L, 2011, by Steven G. Wood, Vice President of Sentinel Asset Management, Inc., a Vermont co poration and the duly authorized representative of Life Insurance Company of the Southwest, a Texas corporation, to me known, and who, being duly sworn, acknowledged the foregoing instrument as his free act and deed and the free act and deed of said company. Before me, Notary Public, State of Ver t Obno0a= to �52 Print Name My Commission Expires: February 10, 2011 Ow - Please do not remove or alter this reference: Forms — Issues\SNDA — FstoppeINSNDA Form (M 1-2010) Subordination Agreement Execution Page 3 The foregoing Subordination Agreement between the City of Vernon, California and Life Insurance Company of the Southwest is hereby acknowledged and agreed to by ON SANTA FE PARTNERS, LLC, the Borrower under the Loan (as that term is defined in the Subordination Agreement) and by IDS EQUITIES GP ONE, LLC, the Guarantor under the Loan, and such Borrower and Guarantor hereby ratify and affirm the instruments and agreements executed and delivered by them in connection with the Loan notwithstanding the foregoing Subordination Agreement. BORROWER ON SANTA FE PARTNERS, LLC, a California limited liability company By: Silwan Investment Company, a California general partnership Its: Manager N Siam (a.k.a. M.M. Siam, a.k.a M. Siam), Manager STATE OF CALIFORNIA ) ss. COUNTY OF 1,,s Q� �5 ) On Fgfprug.,r!j ;t3 , 2011 before me, -J. nj rUY) , a notary public, personally appeared Murad Siam (a.k.a. M.M. Siam, a.k.a Murad M. Siam), personally known to me (or proved to me on the basis of satisfactory evidence) to be the person( whose namefsj is/aye subscribed to the within instrument and acknowledged to me that he/sheAhcy executed the same in his/herAhei authorized capacity(ies), and that by his/herftlreir signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(g) 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. J. TYRON Commission # 1906551 Z : -.i Notary Public - California '�' • Los Angeles County Signa re (Seal) M Comm. Expires Oct 2, 2014 Please do not remove or alter this reference: Forms — Issues\SNDA — Estoppel\SNDA Form (M 1-2010) Subordination Agreement Execution Page 4 IDS EQUITIES GP ONE, LLC, a California limited liability company I STATE OF CALIFORNIA ) ) ss. COUNTY OF Los Pbn-�e5 ) .k.a On g-3 , 2011 before me, J , 7� rvyi , a notary public, personally appea •ed Murad Siam (a.k.a. M.M. Siam, a.k.a Murad M. Siam), personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(.&) -whose name(-&-} is/ffo subscribed to the within instrument and acknowledged to me that he/4Ie4l3ey executed the same in his{1tefAhe4r authorized capacity(-ies�, and that by his/hcrftheir signature(s) on the instrument, the person(&), 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. J. 'fYRON Commission 4t 1906551 Z Notary Public - California Z Signa ur (Seal) Los Angeles County My Comm. Mires Oct 2, 2014 '� Please do not remove or alter this reference: Forms — Issues\SNDA — Estoppel\SNDA Form (M 1-2010) Subordination Agreement Exhibit A EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: (APN: 6302-006-023/PORTION) LOT 3 OF THE A. L. ROSS TRACT, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 36, PAGE 72 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THE EAST 40 FEET THEREOF, INCLUDED IN SANTA FE AVENUE ACCORDING TO THE DECREE IN SUPERIOR COURT CASE NO. 66729. PARCEL 2: (APN: 6302-006-023/PORTION) THAT PORTION OF LOT 1 OF TRACT NO. 11349, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 203, PAGES 33 AND 34 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHERLY OF THE WESTERLY PROLONGATION OF THAT CERTAIN COURSE IN THE NORTHERLY BOUNDARY OF SAID LOT 1, AS SHOWN ON SAID TRACT NO. 11349 AS HAVING A BEARING AND LENGTH OF NORTH 89 DEGREES 30 MINUTES 30 SECONDS EAST, 615 FEET. PARCEL 3: (APN: 6302-006-013) THAT PORTION OF LOT 2 OF A. L. ROSS TRACT, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 36 PAGE 72 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY NORTHWEST CORNER OF TRACT NO. 11349, AS PER MAP RECORDED IN BOOK 203, PAGES 33 AND 34 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 89 DEGREES 33 MINUTES WEST 198.90 FEET TO THE NORTHEAST CORNER OF LAND DESCRIBED IN PARCEL 1 OF DEED RECORDED IN BOOK 9784, PAGE 381, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE EAST LINE OF SAID PARCEL SOUTH 0 DEGREES 29 MINUTES EAST 147.59 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE EASTERLY 46.69 FEET Please do not remove or alter this reference: Forms — Issues\SNDA--ststoppel\SNDA Form (M 1-2010) 14 Subordination Agreement Exhibit A ALONG A CURVE TO THE SOUTH, HAVING A RADIUS OF 383.06 FEET, A RADIAL LINE OF SAID CURVE THROUGH SAID SOUTHEAST CORNER BEARING NORTH 7 DEGREES 23 MINUTES 30 SECONDS WEST; THENCE TANGENT TO SAID CURVE NORTH 89 DEGREES 35 MINUTES 30 SECONDS EAST 152.51 FEET TO THE WEST LINE OF SAID TRACT NO. 11349; THENCE ALONG SAID WEST LINE NORTH 0 DEGREES 33 MINUTES WEST 144.89 FEET TO THE POINT OF BEGINNING. SAID LAND IS SHOWN AS PARCEL I ON RECORD OF SURVEY FILED IN BOOK 51, PAGE 33 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 4: A RIGHT OF WAY FOR DRIVEWAY PURPOSES OVER A STRIP OF LAND 40 FEET WIDE EXTENDING FROM THE NORTH LINE OF PREMISES HEREIN DESCRIBED TO NORTH LINE OF EAST 37TH STREET, THE EAST LINE OF SAID STRIP OF LAND BEING PARALLEL WITH AND DISTANT WEST 239.22 FEET MEASURED AT RIGHT ANGLES FROM THE EAST LINE OF LOT 2 OF A. L. ROSS TRACT AND THE SOUTH PROLONGATION THEREOF. EXCEPT THEREFROM ANY PORTION THEREOF INCLUDED IN SAID PARCEL 1. _..0 V V Please do not remove or alter this reference: Forms— Issues\SNDA — Estoppel\SNDA Form (M 1-2010) EXHIBIT B TO SUBORDINATION AGREEMENT SNEDAKER LAND SURVEYING P.O. BOX 2305 IRWINDALE, CALIFORNIA 91706 (626) 841-2403 (626) 966-7106 FAX JUNE 15, 2010 EXHIBIT A 27' WIDE FIRE ACCESS LANE EASEMENT LEGAL DESCRIPTION A PORTION OF LOT 1 OF A.L. ROSS TRACT IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 36 PAGE 72 OF MISCELLANEOUS RECORDS, PARCEL 1 OF RECORD OF SURVEY IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 51 PAGE 33 OF RECORDS OF SURVEYS AND LOT 1 OF TRACT NUMBER 11349 IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 203 PAGES 33 AND 34 OF MAPS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, A STRIP OF LAND 27.00 FEET WIDE LYING 13.50 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERLY LINE OF THE EASTERLY 40 FEET OF LOT 3 OF THE A.L. BOSS TRACT THAT IS SOUTH 00'29'47" EAST 33.50 FEET FROM THE NORTHERLY LINE OF SAID LOT 3, MEASURED ALONG SAID WESTERLY LINE; THENCE SOUTH 89'42'38" WEST 159.25 FEET PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 3 TO A POINT, SAID POINT TO BE CALLED POINT A FOR THE PURPOSES OF THIS LEGAL DESCRIPTION; THENCE SOUTH 89°42'38" WEST 283.00 FEET ALONG SAID PARALLEL LINE TO A POINT, SAID POINT TO BE CALLED POINT B FOR THE PURPOSES OF THIS LEGAL DESCRIPTION; THENCE SOUTH 89°42'38" WEST 293.00 FEET ALONG SAID PARALLEL LINE TO A POINT, SAID POINT TO BE CALLED POINT C FOR THE PURPOSES OF THIS LEGAL DESCRIPTION; THENCE SOUTH 89'42'38" WEST 70.57 FEET ALONG SAID PARALLEL LINE TO A POINT, THAT IS 33.5 FEET EASTERLY OF THE WESTERLY LINE OF SAID LOT 3; THENCE SOUTH 00*31' 18" EAST 260.75 FEET PARALLEL WITH THE WESTERLY LINE OF SAID LOT 3 TO A POINT, SAID POINT TO BE CALLED POINT D FOR THE PURPOSES OF THIS LEGAL DESCRIPTION; THENCE SOUTH 00*31' 18" EAST 50.79 FEET ALONG LAST SAID PARALLEL LINE AND ITS SOUTHERLY PROLONGATION TO A POINT THAT IS 13.5 FEET SOUTHERLY OF THE SOUTHERLY LINE OF SAID LOT 3; THENCE NORTH 89°42'26" EAST 40.69 FEET ALONG A LINE THAT IS 13.50 FEET SOUTHERLY AND PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 3 TO A POINT THAT IS 150.00 FEET WESTERLY, MEASURED ALONG LAST SAID PARALLEL LINE, OF THE EASTERLY LINE OF LOT 1 OF TRACT NO. 11349, SAID POINT TO BE CALLED POINT E FOR THE PURPOSES OF THIS LEGAL DESCRIPTION; THENCE SOUTH 00'17'34" EAST 116.96 FEET TO A POINT THAT IS 23.5 FEET NORTHERLY OF THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF PARCEL 1 OF RECORD OF SURVEY FILED IN BOOK 51 PAGE 33 OF RECORDS OF SURVEY; THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID PARCEL 1 SOUTH 89'35' 11" WEST 316.18 FEET TO A POINT IN THE EASTERLY LINE OF THE WESTERLY 20 FEET OF SAID PARCEL 1. PAGE 1 OF 2 JOB NO.09-035 li( TOGETHER WITH A STRIP OF LAND 24.00 FEET WIDE LYING 12.00 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT A THENCE NORTH 00° 17'22" WEST 33.50 FEET TO THE NORTHERLY LINE OF LOT 3 OF THE A.L. ROSS TRACT. TOGETHER WITH A STRIP OF LAND 25.00 FEET WIDE LYING 12.50 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT B THENCE NORTH 00° 17'22" WEST 33.50 FEET TO THE NORTHERLY LINE OF LOT 3 OF THE A.L. ROSS TRACT. TOGETHER WITH A STRIP OF LAND 25.00 FEET WIDE LYING 12.50 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT C THENCE NORTH 00' 17'22" WEST 33.50 FEET TO THE NORTHERLY LINE OF LOT 3 OF THE A.L. ROSS TRACT. TOGETHER WITH A STRIP OF LAND 20.00 FEET WIDE LYING 10.00 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT D THENCE NORTH 89°28'42" EAST 41.50 FEET. TOGETHER WITH A STRIP OF LAND 27.00 FEET WIDE LYING 13.50 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT E THENCE NORTH 89°42'26" EAST 150.00 FEET TO THE EASTERLY LINE OF LOT 1 OF TRACT NO. 11349. THE SIDELINES OF THE ABOVE DESCRIBED STRIPS ARE TO BE EXTENDED OR SHORTENED AS NEEDED TO TERMINATE IN THE ABOVE DESCRIBED LINES. RICHARD M. SNEDAKER, P.L.S. NO.7565 PAGE 2 OF 2 JOB NO.09-035