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Resolution No. 2012-066RESOLUTION NO. 2012-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING.TENTATIVE PARCEL MAP NO. 71920 TO BANDINI XC, LLC TO SUBDIVIDE PROPERTY LOCATED AT 5553 BANDINI BOULEVARD WHEREAS, Bandini XC, LLC ("Bandini XC") has submitted Tentative Parcel Map No. 71920 ("Parcel Map") to subdivide property located at 5553 Bandini Boulevard (the "Project"); and WHEREAS, Bandini XC proposes to develop a 536,400 square foot warehouse, manufacturing, and office building, and associated parking on a 21.26 acre site; and WHEREAS, the proposed building will be.sited in the City of Bell, while a small portion (west -most portion) of the site is situated within the City of Vernon, consisting primarily of parking; and WHEREAS, the land area of the subject property is approximately 21.26 acres; and WHEREAS, Pennington Way currently varies from 60 to 80 feet along the frontage of the subject site and Bandini Boulevard is 100 feet wide along the frontage of. the subject site; and WHEREAS, as a condition of approval, the applicant will be required to widen the sidewalk along Pennington Way and the small portion along Bandini Boulevard in accordance with the City of Vernon Master Plan of City Streets; and WHEREAS, the proposed project will cause an impact to the level of service at the Atlantic-Bandini Boulevard intersection; mitigation measures are proposed to reduce the impacts of the added traffic; and WHEREAS, the domestic and industrial waste from the proposed Project will be discharged into the City of Bell sewer system in accordance with the County Sanitation District's ordinance and will not result in a violation of existing requirements as described by the Los Angeles Water Quality Control Board; and WHEREAS, the portion of the Project site located within the City of Bell is designated "Industrial" by the Bell General Plan and "T" (Transitional Zone) by the Bell Zoning Map; and WHEREAS, the portion of the Project site located within the City of Vernon is designated "Industrial" by Vernon's General Plan Land Use Policy Map and "I Zone" (Industrial) by the Vernon Zoning Map; and WHEREAS, the proposed Project site is surrounded by industrial and warehousing uses that are compatible with the proposed Project; and WHEREAS, the Project is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15315, Class 15 "Minor land division of industrial property into four or fewer parcels", of the CEQA guidelines, therefore, a Notice of Exemption will be filed with the County Clerks office; and WHEREAS, the City Council has received a Staff Report, dated May 2, 2012, upon which it has relied on making the foregoing recitals. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby finds that the Project is categorically exempt from the California Environmental Quality Act pursuant to Guideline 15315 as i.t is a minor 2 land division of property located in an urbanized area that is zoned for industrial uses and is in conformance with the zoning code and general plan. The Project was not involved in a division within the previous 2 years, and does not have an average slope greater than 20 percent. Therefore, the Project is exempt from CEQA. SECTION 3: Subject to the conditions set forth below, the Tentative Parcel Map No. 71920 is hereby granted to Bandini XC, LLC, to subdivide property located at 5553 Bandini Boulevard. SECTION 4: The following conditions are required in order to ensure orderly development of the site: a. Bandini XC shall widen the existing 3-foot sidewalk along the west boundary of Parcel 1 (Pennington Way Frontage). New sidewalk shall be constructed per City of Vernon's Standard Plan PV582. The new sidewalk shall be 9.79-feet wide from curb face to back -of -sidewalk and shall commence at the southerly line of Assessor's Parcel Number 6332- 002-814 and continue south to the beginning of curb return for the northeast corner of Bandini Boulevard and Pennington Way. b. Bandini XC shall landscape the City of Vernon's excess right-of-way along Pennington Way from back of new 9.79-foot wide sidewalk to the westerly property line of the subject property, in a manner approved by the City and in compliance with the City of Vernon's water conservation ordinance. Bandini XC shall enter into an agreement with the City of Vernon to maintain the landscape area. C. Bandini XC shall protect the southerly curb of Bandini Boulevard in place and replace the existing 7.5-feet dirt parkway with new sidewalk from back of curb to the south boundary line of Parcel 1 - 3 - (Bandini Boulevard Frontage). New sidewalk shall be constructed in accordance with the City of Vernon's Standard Plan PV582. the sidewalk shall commence at the end -of -curb return of the northeast corner of Bandini Boulevard and Pennington Way and terminate east at the City of Vernon's boundary line. d. The currently closed left turn pocket at the east approach of Bandini Boulevard and Pennington Way shall be permanently removed by Bandini XC by widening the existing 3.5-foot wide median island to a 14-foot wide median island. e. The existing left turn pocket at the west approach of Bandini Boulevard and Pennington Way shall be extended by Bandini XC to a 225-foot capacity. This will require that a portion of the existing median island be reconstructed to accommodate the larger capacity left turn pocket. f. Bandini XC shall have fire hydrants placed every 300-feet along the eastside of Pennington Way and the north 'side of Bandini Boulevard frontage in the City of Vernon. g. Bandini XC shall re -stripe Bandini Boulevard's existing channelization lines in the westerly direction from the east City boundary line to the east approach of the Bandini Boulevard and Pennington Way intersection. h. Bandini XC shall replace the existing dirt culvert leading to the northwest corner of Parcel 1 from the pump station outlet east of Atlantic Boulevard with a reinforced concrete pipe. Bandini XC shall 4 perform a hydraulic and hydrology study to determine the size of the pipe. i. The building and parking area shall be maintained substantially in compliance with the site plan submitted, as part of this Tentative Parcel Map, unless otherwise approved by the Director of Community Services and Water of the City of Vernon. j. Bandini XC shall relandscape the Bandini Boulevard median from the City of Vernon's easterly boundary line to Pennington Way. The design of the landscape, including plantings, hardscapes, irrigation systems and backflow devices, shall be approved by the City of Vernon. k. The Pennington Way access driveway to the subject site shall be widened to City of Vernon standards with the width at the back of the sidewalk being a minimum of 70 feet in order to ensure proper truck ingress and egress movements into and out of the site. All interfering structures, including but not limited to, signs, power poles, lights poles and catch basins, shall be relocated to City of Vernon standards at Bandini XC's expense. 1. Bandini XC is required to provide an electrical easement to the City of Vernon for all future Vernon light and power electrical lines and facilities serving power to any buildings located on the Project site. _5_ SECTION 5: 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 15th day of May, 2012. Q Name: Willia J., Davis Title: nwe / Mayor Pro-Tem _6- 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. 2012-66, 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, May 15, 2012, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this yF (SEAL) day of May, 2012, at Vernon, California. illard G. a gu i, ty Clerk 7 CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: May 17, 2012 TO: S. Kevin Wilson, Director of Community Services & Water FROM: Willard Yamaguchi, City Clerk RE: Resolution No. 2012-66 — A Resolution of the City Council of the City of Vernon Granting Tentative Parcel Map No. 71920 to Bandini XC, LLC to Subdivide Property Located at 5553 Bandini Boulevard Transmitted herewith is a copy of Resolution No. 2012-66 referenced above, which was approved by City Council on May 15, 2012. Thank you. WY:dj Attachment c: Sergio Canales Resolution No. 2012-66 RECEIVED MAY 0 2 2012 IINISTRATION CITY CLERK'S UFFlCE STAFF REPORT COMMUNITY SERVICES & WATER DEP DATE:. May 2, 2012 TO: Honorable Mayor and City Council FROM: Samuel Kevin Wilson, Director of Community Services & Water RE: Tentative Parcel Map No. 71920 for Bandini XC, LLC located at 5553 Bandini Boulevard Bandini XC, LLC ("Bandini XC") has submitted Tentative Parcel Map No. 71920 to Subdivide property located at 5553 Bandini Boulevard in conformance with the City subdivision ordinance and State Subdivision Map Act. Banditti XC proposes to develop a 536,400 square foot warehouse, manufacturing, and office building and associated parking on a 21.26 acre site. The proposed building will be sited in the City of Bell, while a small portion (west -most portion) of the site is situated within the City of Vernon, consisting primarily of parking. The project site is currently developed with a 96,600 square -foot warehouse and distribution facility and paved parking previously utilized by the United States Postal Service (USPS) as a bulk mail receiving and sorting facility. The USPS has ceased operations at the site and the facility is now vacant and the subject parcel of land has been sold to Bandini XC. The Project site and surrounding area has historically been developed with industrial uses since the 1970's. PROJECT SITE As previously mentioned, the project site is comprised of one existing building located on the parcel. The existing building is approximately 96,600 square feet, and is currently used for warehousing and distribution. The total property area of the proposed project is approximately 21.26 acres in size. Bandini XC proposes the development of a 536,400 square foot warehouse, manufacturing, and office building and associated parking. The site straddles the City of Bell and the City of Vernon boundary. Approximately 10%of the property lies within the City of Vernon while the remaining 90% lies within the City of Bell. The site plan submitted with tentative parcel map indicates that the building will be located on the Bell side, while the west -most portion consisting primarily of parking located on the Vernon side. The parking and loading requirements would be in compliance with the City of Bell's standards and not Vernon's. The proposed site is surrounded by industrial and warehousing uses that are compatible with the proposed use. Water and sewer services for the Project site will continue to be provided by the City of -1- Bell with the exception of electrical services which may be provided by the City of Vernon. The domestic and industrial waste from the proposed Project will be discharged into the City of Bell sewer system. Pennington Way currently varies from 60 to 80 feet along the frontage of the subject site. Bandini Boulevard is 100 feet wide along the frontage of the subject site. As a condition of approval, the applicant will be required to widen the sidewalk along Pennington Way and the small portion along Bandini Boulevard in accordance with the City of Vernon Master Plan of City Streets. The proposed project will cause an impact to the level of service at the Atlantic-Bandini Boulevard intersection. Mitigation measures are proposed to reduce the impacts of the added traffic. ZONING AND GENERAL PLAN CONSISTENCY The portion of the Project site located within the City of Vernon is designated "Industrial" by Vernon's General Plan Land Use Policy Map and "I Zone" (Industrial) by the Vernon Zoning Map. The Project proposes parking for the warehouse, manufacturing, and office building within the portion of the Project site located within the City of Vernon. According to Vernon's General Plan, the industrial designation allows for a broad range of uses that support the City's desire to maintain its status as a regional manufacturing and industrial center. The Industrial land use designation allows manufacturing, industrial uses, refrigerated and cold storage warehouses, data centers, warehousing, industrial gas manufacturing, and any use or activity undertaken by the City. Thus, the proposed Project would not conflict with Vernon's General Plan. According to Vernon's Zoning Code, as a result of its commitment to making property available for Industrial Use, the entire City of Vernon is zoned for Industrial (I Zone). The I Zone is intended to provide for the orderly development and operation of most types of Industrial Uses and to promote the concentration of such uses in a manner that will foster mutually beneficial relationships with each other. Thus, the proposed Project would not conflict with the Vernon's Zoning Code. The portion of the Project site located within the City of Bell is designated "Industrial" by the Bell General Plan and "T" (Transitional Zone) by the Bell Zoning Map. As previously mentioned, the proposed Project will entail the construction of a warehouse, manufacturing, and office building within the portion of the Project site located within the City of Bell. According to the Bell General Plan, the Industrial designation is intended for manufacturing and processing, warehousing and distribution, wholesaling and retailing, and office uses. Thus, the proposed warehouse, manufacturing, and office building would not conflict with Bell's General Plan. According to Bell's Zoning Code, the property is within the "T" zone and may be developed for any use which is permitted in any Residential, Commercial, or Manufacturing zone, provided that a conditional use permit is obtained. The proposed warehouse, manufacturing, and office building may be permitted within the C-M (Commercial Manufacturing) zone or M (Manufacturing) zone. Thus, the proposed Project would not conflict with Bell's Zoning Code. CEOA DETERMINATION AND ENVIRONMENTAL CONSIDERATIONS The proposed Project site is surrounded by industrial and warehousing uses that are compatible with the proposed Project. The Project is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15315, Class 15 "Minor land division of industrial property into four or fewer parcels", of the CEQA guidelines. Therefore, a Notice of Exemption will be filed with the County Clerks office. -2- It is recommended that the Tentative Parcel Map No. 71920 be approved with the following conditions: a. Bandini XC shall widen the existing 3-foot sidewalk along the west boundary of Parcel 1 (Pennington Way Frontage). New sidewalk shall be constructed per City of Vernon's Standard Plan PV582. The new sidewalk shall be 9.79-feet wide from curb face to back -of -sidewalk and shall commence at the southerly line of Assessor's Parcel Number 6332-002-814 and continue south to the beginning of curb return for the northeast corner of Bandini Boulevard and. Pennington Way. b. Bandini XC shall landscape the City of Vernon's excess right-of-way along Pennington Way from back of new 9.79-foot wide sidewalk to the westerly property line of the subject property, in a manner approved by the City and in compliance with the City of Vernon's water conservation ordinance. Bandini XC shall enter into an agreement with the City of Vernon to maintain the landscape area. C. Bandini XC shall protect the southerly curb of Bandini Boulevard in place and replace the existing 7.5-feet dirt parkway with new sidewalk from back of curb to the south boundary line of Parcel 1 (Bandini Boulevard Frontage). New sidewalk shall be constructed per City of Vernon's Standard Plan PV 582. Sidewalk shall commence at the end -of -curb return of the northeast corner of Bandini Boulevard and Pennington Way and terminate east at the City of Vernon's boundary line. d. The currently closed left turn pocket at the east approach of Bandini Boulevard and Pennington Way shall be permanently removed by Bandini XC by widening the existing 3.5-foot wide median island to a 14-foot wide median island. e. The existing left turn pocket at the west approach of Bandini Boulevard and Pennington Way shall be extended by Bandini XC to a 225-foot capacity. This will require that a portion of the existing median island be reconstructed to accommodate the larger capacity left turn pocket. f. Bandini XC shall have fire hydrants placed every 300-foot along the eastside of Pennington Way and the north side of Bandini Boulevard frontage in the City of Vernon. g. Bandini XC shall re -stripe Bandini Boulevard's existing channelization lines in the westerly direction from east City boundary line to the east approach of the Bandini Boulevard and Pennington Way intersection. h. Bandini XC shall replace the existing dirt culvert leading to the northwest corner of Parcel 1 from the pump station outlet east of Atlantic Boulevard with a reinforced concrete pipe. Bandini XC shall perform a hydraulic and hydrology study to determine the size of the pipe. i. The building and parking area shall be maintained substantially in compliance with the site plan submitted, as part of this Tentative Parcel Map, unless otherwise approved by the Director of Community Services and Water of the City of Vernon. j. Bandini XC shall relandscape the Bandini Boulevard median from the City of Vernon's easterly boundary line to Pennington Way. The design of the landscape, including plantings, hardscapes, irrigation systems and backflow devices,.shall be approved by the City of Vernon. -3- k. The Pennington Way access driveway to the subject site shall be widened to City of Vernon standards with the width at the back of the sidewalk being a minimum of 70 feet in order to ensure proper truck ingress and egress movements into and out of the site. All interfering structures, including but not limited to signs, power poles, lights poles and catch basins shall be relocated to City of Vernon standards at Bandini XC's expense. Bandini XC is required to provide an electrical easement to the City of Vernon for all future Vernon light and power electrical lines and facilities serving power to any buildings located on the Project site. -4- "Excerpts from Subdivision Map Act" "66411. Regulation and control of the design and improvement of subdivisions are vested in the legislative bodies of local agencies." "66412.2. On carrying out the provisions of this division, each local agency shall consider the effect of ordinances and actions adopted pursuant to this division on the housing needs of the region in which the local jurisdiction is situated and balance these needs against the public service needs of its residents and available fiscal and environmental resources." "66473.5. No local agency shall approve a map unless the legislative body shall find that the proposed subdivision together with the provisions for its design and improvement, is consistent with the general plan required by Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of this title, or Any specific plan adopted pursuant to Article 8 (commencing with Section 65450) of Chapter 3 of Division I of this title. A proposed subdivision shall be consistent with the general plan or specific plan only if the local agency has officially adopted such a plan and the proposed subdivision or land use is compatible with the objectives, policies, general land use and programs specified in such a plan." "66474.6. The governing body of any local agency shall determine whether the discharge of waste from the proposed subdivision into any existing community sewer system would result in violation of existing requirements prescribed by a California regional water control board pursuant to Division 7 (commencing with Section 13000) of the Water Code. In the event that the governing body finds that the proposed waste discharge would result in or add to violation of requirements of such board, it may disapprove the tentative map or maps of the subdivisions." -5- o a san ar >* 1 x 4 s r S Gll�' OFI NO AN � q m GATT- �� D� � 2W C0' N R b911 F x711 n _ � m II r IIi fio�ol tp �I°� 1� mr °om o I�h III; la�,el ,III f� � it+j'li li, y r1l tK T7 r I' ,�, "y poi ; yI i I '0 illy 1 �I Ili •' ix E" D � I Z ix F fi 6 ce �1 scv �RgeF y DE G BED yN. GR'A1V,'p a o m O INS/RU.H1E`�" 20110594624 O.R.'�' mot co `'y N m en zpp".y '=;p:glglq'gi tt"sgp "i ax4�'a:€Mak �,�p9`s g am,s i =$a z :sss,� �ea"; 9$ " R="a- Ai"R, $�.' a'ix�C;�3'� vp$iz� �as'�s.�€.p .�'� �^ �� +:ax;.:o ,�y.�R °">'@n"3a ;: ° .��a:�=_p _ � x:g�.�e^e$$�aa.,::._- s f$l 5 �: 3 g4� 'e.3'S�c$€=AA"' 6� 's§§m;s�a3ipas ss:.ed9s$?:aAp3$4"�€�=gg x"u$�`sxeRAd$`A Y @R .@' s'' °Q i' 4 2i 84A§q'Ra32aA`ab:�Rsi=oiBM£:.ai Q]RA°48: m S p C a s$$s CBCe pipFE a $ a a gse -i sa A'Fp A $� 0 H° Faa §�a$$3 �R A $ Ass;a $ sR - B B a$ $s €S x a;l �as YF E s H. a R°$ c r,$a ai s El's$ - has €$ @§xQss $ g daf a a$s$a�55 fx§$s [ -z3 °$i2ax $Es$s ca ai3 a $p aA$p apm PH Mgff JP^p's = m p i[ s AA �8.F a P §�aSA Ax 3 4"'A13A $ "33€�.� y 3 5¢-_ a i gns d csAe ;;Fc a es A A3 p3�S � `a@YsC R > { x oa5]� �ps$s:e ¢ s� a apa� 3YF."-dia Z R 4: m a 0 Leo gg �.o aa�p� o' wag 4I} n 6sx,f i III W mm ION O A o A p Ret- = - F$41 E§ p6cF@� v psxa&sL� F dpeag" 3�A s� a e� $ "a 3 �a d= COMMUNITY SERVICES & WATER DEPARTMENT DATE: May 2, 2012 TO: Mark Whitworth, City/Administrator FROM: Samuel Kevin Wilson, Director of Community Services & Water RE: Tentative Parcel Map No. 71920 — Bandini XC, LLC located at 5553 Bandini Boulevard Bandini XC, LLC has submitted a Parcel Map Application to Subdivide property for the purpose of constructing an industrial building located at 5553 Bandini Boulevard in conformance with the City Subdivision Ordinance and Subdivision Map Act. After review of the application by the Community Services Department, it is recommended that the Tentative Parcel Map No. 71920 be granted. Herewith for your consideration are the following supporting documents: Staff Report and Excerpts from the Subdivision Map Act Parcel Map application and print of Tentative Parcel Map No. 71920. 3. Notice of Public Hearing, confirmation/proof of publication, and affidavit of mailing. The project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 15, Section 15315 of the CEQA guidelines, (Minor land division of industrial property into four or fewer parcels). A Notice of Exemption will be prepared and filed with the County Clerk. Therefore, it is recommended that the Tentative Parcel Map No. 71920 be approved subject to the following conditions set forth below: CONDITIONS: a. Bandini XC shall widen the existing 3-foot sidewalk along the west boundary of Parcel 1 (Pennington Way Frontage). New sidewalk shall be constructed per City of Vernon's Standard Plan PV582. The new sidewalk shall be 9.79-feet wide from curb face to back -of - sidewalk and shall commence at the southerly line of Assessor's Parcel Number 6332-002-814 and continue south to the beginning of curb return for the northeast corner of Bandini Boulevard and Pennington Way. b. Bandini XC shall landscape the City of Vernon's excess right-of-way along Pennington Way from back of new 9.79-foot wide sidewalk to the westerly property line of the subject property, in a manner approved by the City and in compliance with the City of Vernon's water conservation ordinance. Bandini XC shall enter into an agreement with the City of Vernon to maintain the landscape area. C. Bandini XC shall protect the southerly curb of Bandini Boulevard in place and replace the existing 7.5-feet dirt parkway with new sidewalk from back of curb to the south boundary line of Parcel 1 (Bandini Boulevard Frontage). New sidewalk shall be constructed per City of Vernon's Standard Plan PV582. Sidewalk shall commence at the end -of -curb return of the northeast corner of Bandini Boulevard and Pennington Way and terminate east at the City of Vernon's boundary line. d. The currently closed left turn pocket at the east approach of Bandini Boulevard and Pennington Way shall be permanently removed by Bandini XC by widening the existing 3.5- foot wide median island to a 14-foot wide median island. e. The existing left turn pocket at the west approach of Bandini Boulevard and Pennington Way shall be extended by Bandini XC to a 225-foot capacity. This will require that a portion of the existing median island be reconstructed to accommodate the larger capacity left turn pocket. f. Bandini XC shall have fire hydrants placed every 300-foot along the eastside of Pennington Way and the north side of Bandini Boulevard frontage in the City of Vernon. g. Bandini XC shall re -stripe Bandini Boulevard's existing channelization lines in the westerly direction from east City boundary line to the east approach of the Bandini Boulevard and Pennington Way intersection. h. Bandini XC shall replace the existing dirt culvert leading to the northwest comer of Parcel 1 from the pump station outlet east of Atlantic Boulevard with a reinforced concrete pipe. Bandini XC shall perform a hydraulic and hydrology study to determine the size of the pipe. i. The building and parking area shall be maintained substantially in compliance with the site plan submitted, as part of this Tentative Parcel Map, unless otherwise approved by the Director of Community Services and Water of the City of Vernon. j. Bandini XC shall relandscape the Bandini Boulevard median from the City of Vernon's easterly boundary line to Pennington Way. The design of the landscape, including plantings, hardscapes, irrigation systems and backflow devices, shall be approved by the City of Vernon. k. The Pennington Way access driveway to the subject site shall be widened to City of Vernon standards with the width at the back of the sidewalk being a minimum of 70 feet in order to ensure proper truck ingress and egress movements into and out of the site. All interfering structures, including but not limited to signs, power poles, lights poles and catch basins shall be relocated to City of Vernon standards at Bandini XC's expense. 1. Bandini XC is required to provide an electrical easement to the City of Vernon for all future Vernon light and power electrical lines and facilities serving power to any buildings located on the Project site. City of Vernon NOTICE OF PUBLIC HEARING 4305 Santa Fe Avenue Vernon, CA 90058 (323)583-8811 The City of Vernon will conduct a Public Hearing, which you may attend. PLACE: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 DATE & Tuesday, May 15, 2012 at 9:00 a.m. TIME: (or as soon thereafter as the matter can be heard) APPLICANT: Bandini XC, LLC — Tentative Parcel Map No. 71920 REQUEST: Request by Bandini XC, LLC to subdivide property for the purpose of constructing an industrial building in conformance with the City Subdivision Ordinance and Subdivision Map Act. PROPERTY 5553 Bandini Boulevard, Vernon, CA 90058 INVOLVED: REVIEW OF: The application, maps, and supporting information are available for THE FILE: public review during normal business hours in the Vernon Community Services & Water Department, located at 4305 Santa Fe Avenue, Vernon, California, between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday. FINDINGS: The City Council of the City of Vernon has determined that this project will not have a significant effect on the environment. The conditions are designated to ensure orderly development of the site, protection of public health, safety and general welfare and the environment. If you, challenge the granting of this tentative parcel map or any provisions thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. The hearing may be continued or adjourned or cancelled and rescheduled to a stated time and place without further notice of a public hearing Dated: 5 From: Bianca - Eastern Group [advertise@egpnews.com] Sent: Tuesday, May 01, 2012 2:42 PM To: Canales, Sergio Subject: Re: Publication of Notice of Public Hearing - Bandini XC, LLC (Tentative Parcel Map No. 71920) Hi Sergio, Confirming receipt. Cost: $200.00 The size is 2 col. x 4" totaling 8 column inches (ci). At $25.00 per ci, the total is $200.00 per date. Thank you, Bianca Sanchez, Office Manager for Jonathan Sanchez, Associate Publisher Eastern Group Publications, Inc. 111 S. Avenue 59, Los Angeles, CA 90042-4211 323-341-7970 / Fax 323-341-7976 CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender. Please destroy the original transmission and its attachments without reading or saving in any manner. AFFIDAVIT OF MAILING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF VERNON ) I, SERGIO CANALES, Planning Assistant of the City of Vernon, do hereby certify that on Tuesday, May 1, 2012, mailed a copy of Notice of Public Hearing to be held on May 15, 2012, regarding a tentative parcel map for Bandini XC, LLC located at 5553 Bandini Boulevard, to the interested parties and agencies on the attached list, by United States Mail with postage. Date: '— ! State of California ) ss County of Los Angeles ) 'LJ 6�L� Seri anales' Planning Assistant g � g On Mau I au 1, do/ -L- before me, Mtar, 60 / Z / W notary public, perso ally appeared Sergio Canales who proved to me on &6 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/theisignature(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. yyyyyy,,,��,,,��,,,owl'T MRRISOL TRUJILLO 77 Commission M 1918/15 Notory Public - CNifomit Los Angeles County T— My Comm. Fx n Dec 23 201 City of Vernon NOTICE OF PUBLIC HEARING 4305 Santa Fe Avenue Vernon, CA 90058 (323)583-8811 The City of Vernon will conduct a Public Hearing, which you may attend. PLACE: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon,: CA 90058 DATE & Tuesday, May 15, 2012 at 9:00 a.m. TIME: (or as soon thereafter as the matter can be heard) APPLICANT: Bandini XC, LLC — Tentative Parcel Map No. 71920 REQUEST: Request by Bandini XC, LLC to subdivide property for the purpose of constructing an industrial building in conformance with the City Subdivision Ordinance and Subdivision Map Act. PROPERTY 5553 Bandini Boulevard, Vernon, CA 90058 INVOLVED: REVIEW OF: The application, maps, and supporting information are available for THE FILE: public review during normal business hours in the Vernon Community Services & Water Department, located at 4305 Santa Fe Avenue, Vernon, California, between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday. FINDINGS: The City Council of the City of Vernon has determined that this project will not have a significant effect on the environment. The conditions are designated to ensure orderly development of the site, protection of public health, safety and general welfare and the environment. If you challenge the granting of this tentative parcel map or any provisions thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. The hearing may be continued or adjourned or cancelled and rescheduled to a stated time and place without further notice of a public hearing Dated: 5 r Easy Peel® Labels ♦ Bend along line to i Use Avery'® A��Y® Template 51600 Feed Paper expose Pop-up EdgeTM j ® 5160 1 City of Huntington Park Planning Department 6550 Miles Avenue Huntington Park, CA 90255 Lucille Roybal-Allard Congresswoman 255 E. Temple St., Ste 1860 Los Angeles, CA 90012 L.A. County Board of Supervisors Director of Planning Gloria Molina James Hertl — Room 1390 Board of Supervisors 320 W. Temple Street 500 W. Temple St., Ste 856 Los Angeles, CA 90012 Los Angeles, CA 90012 South Coast Air Quality Mgmt District (AQMD) 21865 E. Copley Drive. Diamond Bar, CA 91765 Brian Scanlon L.A. County Public Works Mapping & Property Mgmt. 900 S. Fremont Avenue, 10th Floor Alhambra, CA 91803 City of Commerce Planning Department 2535 Commerce Way Commerce, CA 90040 City of Bell Planning Department 6330 Pine Street Bell, CA 90201 City of Cudahy Planning Department 5220 Santa Ana Street Cudahy, CA 90201 L.A. County Sanitation District P.O. Box 4998 Whittier, CA 90607 City of Long Beach Office of the City Manager 333 W. Ocean Blvd., 13th floor Long Beach, CA 90802 E.J. Contreras Owens -Brockway 2901 Fruitland Avenue Vernon, CA 90058 California Water Service Comp. 3316 West Beverly Boulevard Montebello, CA 90640 Marisa Olguin Chamber of Commerce 3801 Santa Fe Avenue Vernon, CA 90058 State Clearinghouse P.O. Box 3044 Sacramento, CA 95812-3044 L.A. County Flood Control District 900 S. Fremont Avenue, 81h Floor Alhambra, CA 91803 John Kinas United States Aluminum 3663 Bandini Boulevard Vernon, CA 90023 Ms. Gutierrez 924 S. Mott Street Los Angeles, CA 90023 James H. Hillands Heger Realty Corp. 5657 E. Washington Blvd. Los Angeles, CA 90040 Joseph R. Garruba California Portland Cement Co. 2025 E. Financial Way Glendora, CA 91740 J.J. Little J.J. Little Company, Inc. 9945 Malgar Drive Whittier, CA 90603 L.R. Luppen Metal Products Engineering 3050 Leonis Boulevard Vernon, CA 90058 Ellen Orlando Karen Lehrer 2300 E. 11 th Street Los Angeles, CA 90021 Maywood Mutual Water Co. 3 6151 Heliotrope Avenue Maywood, CA 90270 City of Maywood L.A. Unified School District So. Cal Edison Planning Department Office of Environmental Health & Safety h 1924 Cashdan Street 4319 Slauson Avenue 333 South Beaudry Ave., 20 Floor Los Angeles, CA 90017 Compton, CA 90220 Maywood, CA 90270 Attention: Glenn Striegler Attn: Mike Frazier City of Los Angeles Planning Department 200 North Spring St. Los Angeles, CA 90012 Suk Chon County of Los Angeles Department of Public Works Land Development Division P.O. Box 1460 Alhambra, CA 91802-1460 Dave Karrker California Water Service 5243 E. Sheila Street Commerce, CA 90022 h1quettes faciles 5 peler Utilisez le aabariYAVERY® sten® Sens de Repliez A la hachure afin de i www.avery.com ry•com Easy Peel® Labels ; Use Avery® Template 51600 1 Reynan L. Ledesma Department of Water & Power L.A. 111 N. Hope Street Los Angeles, CA 90012 Burlington Northern Santa Fe Railroad 3770 E: Washington Blvd. Los Angeles, CA 90023 Attn: Dick Ebel Nancy Fong, AICP Interim Community Development Director 6330 Pine Avenue Bell, CA 90201 A Bend along line to Feed Paper expose Pop-up Edge7m AT&T A 100 W. Alondra Blvd., Rm 202A Gardena, CA 90248 Attn: Leslie Donaldson L.A. Junction Railroad 4433 Exchange Avenue Vernon, CA 90058 Attn: Marion Alexander Neil Mishurda Xebec Realty Partners, Inc. 3010 Old Ranch Parkway, Ste. 470 Seal Beach, CA 90740 AVERY@ 51600 Is 1 The Gas Company (So. Cal Gas Co.) P.O. Box 3150 San Dimas. CA 91773 John Grace Xebec Realty Partners, Inc. 3010 Old Ranch Parkway, Ste. 470 Seal Beach, CA 90740 Ittiquettes faciles a i eler A P Replieza la hachure afin.de - www.ave om. ' i ir�u�e� is ..�r.�.�. evcov9;r c.an® � Sens de. _•.... . _ .._ - ry•c. i Kinross Holding LLC Atlantic & Sheila Certified Grocers of CA LTD 4901 Bandini Boulevard 2500 South Atlantic Boulevard 5300 Sheila Street Los Angeles, CA 90058 Los Angeles, CA 90040 Los Angeles, CA 90040 Smart & Final Properties I LLC 5500 Sheila Street Los Angeles, CA 90040 Cheli Distribution Center Inc 5630 Bandini Boulevard Bell, CA 90201 Cheli Distribution Center Inc. 5556 Bandini Boulevard Bell, CA 90201 United Siblings LLC Bell Gardens, CA 90201 Cheli Distribution Center Inc. 4801 Eastern Avenue Bel I, CA 90201 Cheli Distribution Center Inc. 5600 Bandini Boulevard Bell, CA 90201 PR I Bell Tech Industrial CA LLC 5530 Bandini Boulevard Bel I, CA 90201 Ninos I L.P. 4710 Eastern Avenue Bell, CA 90201 Cheli Distribution Center Inc. 5680 Bandini Boulevard Bell, CA 90201 Cheli Distribution Center Inc. 5580 Bandini Boulevard Bell, CA 90201 PR I Bell Tech Industrial CA LLC 5500 Bandini Boulevard Bel I, CA 90201 AMB Property 4700 Eastern Avenue Bell, CA 90201 E & J Gallo Newton Financial LTD Partnership KBB Investments 2700 South Eastern Avenue 5700 Bandini Boulevard 4800 East 26th Street Los Angeles, CA 90040 City of Commerce, CA 90040 Vernon, CA 90058 For Official Use Only Account No. 011U 43.466200 I PARCEL MAP APPLICATION Parcel Map No. —rPl- l 7 / R -2- c, Fee: ,i 1 Z S c% `= 1 Location of Subdivision: Number of Lots Proposed: Total Acreage: County Assessor Information jBookPage Parcel (93Z c90 Z 9tLo Property Owners: Name �R n�; ,. C LLB Address Telephone Number Fax Number Property Representative: Name Address Telephone Number (,?S/) Fax Number ( ) I of PROPERTY OWNERS LIST STATEMENT The undersigned has duly prepared the attached "Property Owners List". The list includes all of the names, and respective addresses, of persons being owners of property any part of which is within 300 feet of the outer boundaries of the property in subject zoning case. This information is to be obtained from the latest available Los Angeles County Tax Assessment Roll. / "/ This list was prepared on ilh a ec Z / Z m /Z from the Tax Roll maintained at G /4 (o,, 4-y 7 s. x Ass rse) C� o s A �C (Name and Location of office) It is understood that the accuracy and completeness of this list is the responsibility of the applicant. Signed: (Person who prepared list) 5e-Q- 4A-lvf� is day of 20_, before me the undersigned, a Notary Public d for said County and State personally appeared person that execu the within instrument. known to me, or proven to me to be the WITNESS my hand and Notary in and for said County and State My commission (Applicant) ACKNOWLEDGMENT State of California County of Orange On March 22, 2012 before me, Sarah Lynne Pulido, Notary Public (insert name and title of the officer) personally appeared John Grace who proved to me on the basis of satisfactory evidence to be the person($) whose name(4) is/a e subscribed to the within instrument and acknowledged to me that he/04/they executed the same in his/bef/their authorized capacity(ies), and that by his4tef/thd6lir signatureXon 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. SignatureLNti�!� (Seal) SAPAH LYNNE PULIDO Commission 11861475 Notary Public - California _ ] y Orange County ENVIRONMENTAL CHECKLIST. . Date Filed: General Information: 1. Name, address, and telephone number of developer or vroiect soonsor: 2. Address of project (location): 5�553 mac,Ie",JJA Assessor's Block and Lot Number (APN#): 3. Name, address, and telephone number of person to be contracted concerning this project: IZeu /-/v P e✓ s 3E.10 Olc) %z.t-+ct-. Pwl�w-..� rj •4C y7o Cfl 9671-lo 4. Indicate number of the permit applications for the project to which this form pertains: I`.) //-I 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies:_ 6. Existing zoning district:. 7. Proposed use of site (Prc Ad,M,e,4 /s7/ for which this form is filed): Page 1 of 3 Proiect Descrintron: 8. Site Size (Lot Size): Z /, Z-C- 74, 74�1 9. Square footage of Building(s): / 10. Number of floors of construction: ��` a �ti .,/ �•� r s , e 11. Amount of off-street parking provided: 12. Attach plans:_ 5 .Ar nl.•, do-?Cv w.. / G/� J" _ r., J C 13. Proposed 14. Associated nroiects: 572-4 000 ne:5t 6m.: s s:44e ;", &e(l�c— A T- 15. Anticipated incremental development: X�o 7-e 16. If retail or commercial, indicate the type, whether neighboring, city or regionally oriented square footage of sales area, and loading facilities. 17 10 If industrial, indicate type, estimated employment per shift, d loading facilities._ If the project involves a variance, conditional use permit application, state this and indicate clearly why the application is required. U Page 2 of 3 Are any of the following items applicable to the projects or its effects? Discuss on an attached sheet all items checked yes (attach additional sheets if necessary). YES NO ❑ 2"� 19. Change in pattern, scale or character of general area of project. ❑ Q"- 20. Significant amounts of solid waste or litter. ❑ i K/ 21. Change in dust, ash, smoke, fumes or odors in vicinity. ❑ l -'� 22. Substantial change in existing noise or vibration levels in the vicinity. ❑ 3"' 23. Site on filled land or on slope of 10 percent or more. ❑ 9-' 24. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. ❑ 2' 25. Substantial change in demand for municipal services (police, fire, water, sewage, etc.) ❑ 8'� 26. Substantially increase fossil fuel consumption (electricity, oil, natural ❑ 2"/ 27. gas, etc.) Relationship to a larger project or series of projects. Environmental Setting 28. On an attached sheet, describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historic or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be acceptable. f ac eJ Sr%c w/ 96,, moo 074 " .J blgy. PL,ofos c�iiaalad 29. On an attached sheet, describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), and scale of development (height, frontage, set -back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be acceptable. ono....-, C., �•F4...,� as�a.�s, .�G,��s �¢. �.��ci, Certification: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the ficts, statements, and information presented are true and correct to the best of my knowledge and belief. Page 3 of 3 T i aDf E2 00 4L CD mi Ul ale it as --hi Alf fv) CO; .......... f a V u ,y n — m n cln l OF- tICITY OF PLC I-l—� m zaa.00 x zlss'ia'c �r— zRem dory I1 t r�°rt I I I' R rt jfir �I y m - IT � 3 a -qV 5 a£a P xi3 0 C% P f¢ e : g €F ag g g 4 �9 O a� I ro qqg I g pfi A d¢ I� i F ' 4 II 11 11 ,'I x M7moo �7 di AO n D IT Z m� }} s y ` Ml 2a110594624 O.ft. W N e$=€ $d R,l ggsAtg aP:xe wR£ 5sA&a Gs]g£'# g"zRi,saR @ RsaP P yg H - O 4 A £gaP s g ' 3$$€3RiB 8 �dp$$$a ;a'coRa iai@P gaa iS�a $. ace 3$ sg�g 31 d`£sR� y €a ® Ong a GAedaaag$v�a€dg 8 x 3¢e£ ds Aqi c"R R geyg'x€u §§ y e pp pis pQ 5 F P£ 9 R A 3%}jLCaR C3 44 a � SR[4 � p¢ 5 a$&g 14 s d'yac�€ qg Raea § $Rc£ g a us eAs Ps& s. a l p £ da., $ s i d x CA�a s 6� 5A5 a�app� 6f.sg;b@aeRd yy 01 R FT�. v o� qs� $g¢33 �w�$ a�R'F� E4Pa@s a�aAae�dgde9�e R=�#�sx� G Y 4 i'3�AEG �= Gj 4cg SgS� � R 0. dAp3 5efi d �$, p2@@RA99 � R 2'R �� e eae aes$3 Fg sR a3 RRiA Ra"f a@q}dgo '� i� 4 :G06T.00MMAL ENGINEERINd INVESTIGATION Proposed IndUStriM DeV910pMertt 5k46eo ReAlty Partners. 31010 Old. R.aind h Pprkway, §q#q.4 70 Seal Beach ,: 0.40dihia.60740 PrOjevt Ndmb& I , M8ml I March le, 2011 NOTCAI En gi eerf tag" �21 2,2 2..3. 3.0 4.10 4�,i 42 co 5.1 5.5, A. . 6 5. 0.10 7.0: 7.1.1 71.2 74 1'8 7.4 t-5 TIB 7<7 7,6 7.9 7.10 7,11 $10 WAMO ZOINUC-411" 2 Existing Improvements ,,.,. .2 Drainage..... .2 ........... SRO 4 Laboratory Test, ........ 4 -Field Moisture Gomfefit.....:. i im.v . I;, t. ac.. . 1 5 Maximum Density Tests.,: 5 ............. Afterberg:Units ... ........ Direct Shear Tests consolidation Testa Soluble Sulfate, pH,:ReWwlvftY rite Chloride Tosts, ReSiSta nbe'R'V6lU6 TeM'44A. 1,1 L ....... 6 Cormiuslo"s and Recomme-ndatton.w.... ....... Site Wadin Recommend . ....... Removal and, -A 0, Temporary Excavations and Shoring Oe%:Jg: n. d' jr'.'.r rz' I vc- 4." AD Foundation. Design .......................... I'l Retaining W sign meters,.. ........ ....... ... .... . allOes , Pam 12 Exponsive. S.0.11 . ... ..... 14 U I ti . 1fy T I rd 11 nd . h and E)tq tion Bockfill 14 corrmlon . ... ...... 14 Preliminary Pa"vement.Sectiam Desion., No al 'Engineering ;MNT, . S Ab CA 90726 AMIT08 (,5.62)79094, k) 1. 6! FAX:(3(aZ)7990419 March 16, 20-11 Xebed Reafty,Parfners 3010 Aid Ranoh Parkway Sulte 410 86kl BOO, Calif6mle 90740 Attu; Neil Mishurda REO GEOTECHNICAL. ENGINEERIOG ]WESTIOATION Proposed thdUstritl 00016prnent - Located at 5555 BIa.n.d'i..n�.! Boulevard . Ii, n, the CRY of ell' � Dear Mr, Mishurda. Pursuant. 16 your request; :this ffft haspwfofnled A 0- lnIV6%igOibIIfor the . above poforenc 0. 1p�qj e d ct The purpose of this inVOsfigation: is: to evaluate: the gootechhIcal cohditlohs of the subject Me And t® prf3vide the proposed dovelop m ptj This geofe.c.h.n.i.0al engineering ropqrt, prqsepts the findings of our study. along with r, cw on sions and recomme r 1.0. gmOtMAL.CONSIMIRAT . 1014S ti It. is prppasecl ko UVOIZO the existing fSpARtips that are currently. on site: form lnddterrrririate. period of firria; Future improvementsmay include the construetian of a no* concrete, tilt -up jacIVS041 budding totaling appr9ximately 400,00.0 square feet, arjd;js6oGialed pavement areas art the ±20-400 sfta: QradlN for the More clovelap.ment will include minor cut and. fill procedures. Sinai puns shall be reviewed b thiq firm prior,to submittal for aY 0 . Or I oval to deters ing the need for any i.idditiona t soudy and reVised. rep me d a.tions pertinent 1 to thp proposed devetopment it necessary. Pm . joO.Number:l 66234.1 Page 2. 2.0 SITE DESCRIPTION 2,.1 1 ,q04tion; Thegenerally rW, an941pr shaped propqqy la located northedy ofbAwcflni:s o I a :t the Bali A rd6rs to (he wev, rd in h 0 railroad essement;bo n0 ith, and YeacrWpy tttd to 64sf, 12 Existing ImOp6VornOntq.-: The: rdrty Is awapidd by a united. StWoo, P Pogtof Service ftellity 09001swo.: of o large wildioqjafhe spotheast the remainder :offhe site Is eovo dwith 6spfi6ltid and cohdrdl:6 pavorneot and. alifliff - 1-Pi 811arld.sca . 0g. 2.3 Drainsgb: - Wainage of the relatively level Parcel is aorfefaIly by sheetflow .3.0 SEISMIMTKIEVALOATION. The proposed development Obs outside of any Alquist Priolo Special .the potential f6r d d t d' f� rupture amage ue Q direct fruit Studfe6 Zone wid The fall(*lng dejsrriiq qqsiiqn. pat metero 00 provided and are bawd upon the 2w califooia Build Ing Code (CBC) for the refareribedpidjOct. Site Location - Region i Latitude 33,90.81 .-Ongitmoe 1A.10.9w U.,wGrOUP alto Oasis 441smiJO 006ign Category :D maximum: Speptral R"Ponse-MoOlqrstion S 1,1461 01M Adjusted Ma)dmuM Aoceleratft Sms 1,:745g. Design Sooctrat.RO- 1,163q 0.09a NorCal Engineering parch 1.6! 2041 Page 3 Tho. We is located within .Sdjsrnically. apffivg'arem, And a IM/0,8XICA mc, pd p in 60. years peak ground acceleration. of . 0.44g (0 16mia.be aftent of Cori - Sem.6tiorl. — biviWoh of mimSO arid: Oootdgy Open : POO Roport 9N5, Figure 3. r RtY 0 =1r rp f rn a Magnitude- 0� Oarthqo I 1 :00 JA'S a 0 the Newport, Inglemoof. fault z6he Which Is located Approximately 13 kitornet rs from the subj0d property" Ground shaking C) i1olhating from earthquakes, a(A),Ttg other Ootiye faults In the region. is expected to induce lower horizontal am(proWns due to smaller anticipated I n . t6pated .earthquakes andlor greater distances to other faults; 4.0 F IEL 0 IN V.Mjd6jj!C k 4,1 She Exploration The pqrpo4e of the investigation was to explore the subsurface candl . tions and to Provide peelflOn6ry geotathnica 'I em9it*-Oring d - e - sign Parameters for evaluation of the $0 with respect to the . tarbpdsed The corIsis led of the plaoement of twelve vu (face exploratory borings :by hollowtst" auger: drill rig with 84no 11 outside Z. cllarnater,: oontlriWo fthf aijoem and hand augp'T$ to a rhaitifti.0 depth of 51,5 1eat beldw current ground 016yatidns, The borings were ptac at.. accessible IN lations.throughout the life. Existing Improvements. limited the placement 1. I of our test bbrngs.• The explorations were visually 010",ified: and logged by alelderigineorwith loadtiods of the subturfacp borings shown on the attached Figure Petm , W do cript . ion . 6 . f I the subsurface conditions Are listed WIN' boring logs in. ApoendJx A. It should b note that, ot a d ::th trans tiara from i)r* toil t.ype to another as s.hown on the borings logs is approximate and may th fact be a gradual transition. The, soils encountered are described a�10110wa... XorCal Engineering March 1.612011 Pqge 4 pri)j6pt: l4urriber 4501aml 1 Fill Sells Fill sells . clasoif Ving :as sandy SILT to..8My:ND with some grovel: 00110retepieces. end hilnor debris were: ericourvt( d rri the bodng6 te depths rang ing f'rprn. approximatefy 115 to 5 5 feet below eijogingi sqrfijo.e. These sorts werti noted to bei g0ria.mily miodium stiff/dense and damp tp moist: pavement section thickriesses are note cl'on our �o6jiq: 160 AM ranged from 2.6 to 0 lft.hea of.aPphaft over 0 to 1.2. InMes of gravel base. A coro, was also., p(aded tftrou concrete truck parking area. Concrete in this: area , measured emured . 6 inches in thickness and was situated directly Upon: gubgrade: WI& x Na4ve Sells — Native soils generally classlif ( 0 asi sandy SILT Ito Sky Yin SAND were. eneoontered ben . oath the wppor fit soils. Those souls WOO ribiod t40bo MdalurnstKfIdenSe and,dVhip:to Mist Sand' silt and Clay. content varied Ognifimilly withi.depth Of borings, 4.2 droundwMar Oeoundwater Was hot encountered In,our any. of our test borings. K-boarch of the C .00prni6: 00partment of Conser don — Divisdort of Ones and Goglo9Y Open File8-2 Rppprt indicates a historic high : Rate 1.Z. gtoUndurater level of 40 Set belowgroprid sdrfara in the Wdirifty. LABORATORY TESI—S. ReWtivelv undisturbed samples of the, s'dbatirface 30119 Wore obtained. to potftirm aboratory testing and analysis for direct sheari consolidatiomtests and to detairmine inplace rnoisiwrofdsrisities: These. reiatiVdly Undisturbed by driving sampler lined with g.simples warp obtained_iN. atbin-walled steel onto -:rich long brasringg vAth an inside diameler of 2.42 inches into. the undkilujt0d. WW NorCul.Engineer ing Man;h 1:0.2011 pi�� i CM 5 Project IS11r10ber 150 . 2.3.1 1 Standard Penetration tests were obtained by driving a steel sampler firied . with silk -Inch. long brais rings With anAnsiide dlameWr of 1,6 i es into. the. OW This standa.rd penetrometer S.ampfer was driven a total . of f 10 Inches with blow wants. :tall . ied every 6 inches, Blow counfodita it'given On the: 86 A 66 guin ppondixA Bulk bag samplk were obtaibad in the upper soils forexpahOlOn Index tests, corrosion tests and Maximum,:dansity tests. Wallto& ings: on tile order :of .4,600 lbsdllnjt, and max1rou . m compression . lads 4ads on the order of 100 kip$.MeM. Utifted for teotfho and design purposes, NJ test rodul% are included in AppendixR, urilevs:atheTwise noted.: 5.1 gold Mot Ituro tooten . t ASTMI) V06 ia� hhe 1) and this dry density, of . the.ring rinq samplesw were . determinpin the laboratory., This data is. Usto on the logs Of e*01o.ratibris; :5.2 Mkkimurfi derv,94 diets (ASTM, 04561-07.) were performed on. typical sam. pies. of the wppar soils. results of these tests:are: 0M.I. on Table 1. 53 Expansion tridex t"tS (Aostm, b4m.,oz) Are. PerfOrOidd oh:reffioldOd samples of upper -so! a todetermine the rpmpansfve characteristics and to provide arvy..Aec - ary. recompriendations. f.o . r . reiriforceffidn .. t .. of . the . slobs - on -grade and the foundations. Results of Itiepe tests arepi .rovdod on Table, :11 and: dis later' 6 . 4 re Oussed tat I.. in this, replort, &A. Steve aftyapsandOwparcent.bywel NO soil finer the [do: 200 .. .9 .A sieve (AsTM 114040) were performed on selected soil sambles. These res!As are, detailed later in this report akang With discussion of the O.U.0faction, potential at the site. 5,5 Attef.borg Limits .(ASTIVI, 0 4318-05): consisting of liquid: firri#, plastic limit :and plastibityindlex.were patformed onselected soil: samples, ROOPIWAI-e, shown on I . able fit, 6.6 Direct shoot teoU (A$'m D-3080-04)were. petf&rh6d on UndMurbOd and: drsturbed Pie's of the subsurface soils. 'these tests were. performed to .determine parameters fd r thd Oalculation of the safe bearing. capgolt.y; The test: is performed under saturated. conditions at loods,of 1600 2,OOOIIIAJ.sq f lt.; and %,OQO.: lbsAc0i with results s. owri on Rates A-C. 1. W I NorCal Engineering Maroh.0, 2011 Pogo 0 Projeqt.Nvn1b,Vr 1603A I 51 Conscit W . atloin tosts OSTk 0-243 d 9t .5o,04) wore. p errarnad oriutn i urbeO: sairnpids. to determine the. dtf.fkan , flat and Mal 00tiorhont. which nnO he: PnOcipated based up.o,n. the proposed . l6ads; Water vvas sclded td the sari As wroharoo. of one r .As at OF arid the. sottlerneM curves a e P.191ted omPlaWom D-F1 5-8. Soluble suffate, oorroslvo: affoowof soils on concroteand metal. structures . . were . perf6rrriad In that14 0 . ra . t . ON, , rost results 1 : are OW011ITables W-vil. 5,0 Poslstanco 'A' VMtte toots. (GA 301) wero.. Conducted on: a repi'"Ontative loll Sam t0rh no Pre.mInary Pavement 0. -el .pl.e t4� d.e. .1'1 11. section de4ign for th pr9posed. pavement areas. . Test , results it are r provided In Table Vill and rpCqrrwrnenOO poernent. sooll . one. are provided k4er within thatext of this report, .6.6 U.OyeAc MOMEVALMAIMON. 'The property ties witbin areas mapped as pvtantiallyliquefJable Oythe State 6f. California SeWrIld Hazards Mapping Act. Thersfors. the 114 lon, po tential :of underlying soils has 4een eyqtvated A.tWfltjo P frorn our. The slt#: is expected to expedemeground shaking and earthquake 40tivily that is typical 6f:SbWh6m. CoMornia area. It is during severe ground Shaxlii lopsel . granular soils, below. b can liquefy. 0 that I :.:t:hq g.r.oundwat,er:ta. le A review.Of the. 6*oratory boring. lag BA and the laboratory test rest)(ts on selected suit Sarrrptes. obfsalned inchoate. the fQ 0ow : II classificalloo5, field No fitters . III roug .wcounts andatylounts,of. Me th lithe No,, 160sitve, 9 N,OrCal Enginecring. March 16, 2011 POgId 7 Proi . ect . N . u . mbeir , 1.562 . 3-11 fleld SWWOOM Und ljolatj t3 0 to ra 0 q — satir a I a �i Wpwwwpts f �Igdive ` .% Possing LOMM Qftaficapa (WM/ftY* 99 N.9"MA'" B-11.0 w ML :6 Miwstiff 64 0�1 to 10, M 3 WC 86 134 01V CL r1rM CL 10 mec9. Stiff 86 Q, q5' ML 14 Sto 5.4 611: @.30.j OL Zvi stiff w B-1.0.56i CL Stiff 86 0,11. 40... ML :2 . 2 . stiff 13'! Q 45' ML 1.7 Med, Stiff 67 134 @ 50.1 ML 9 Firm, f R f i : � isaite .41 bir Jove action at� th -or to Oild. woor level f 40 feet b a.. Ow due to a NO IQ 4 elow grade. Based on a Magnitude 619 e0ithqUako With A peak Ir6uhd.ac6eler-atl6h,Of M401 At the $ltQ'—qONmIcA6dUcccI s.0t.UeMents should be or! the order Of ,less then 1)2 :inch... These settlements should occur rather uniformly 66rosg the :lot With. diffewtial seftiemerits on the Order of IOWi than 1/2 inch over a 1 W feet (horizontal.) distance in the building pad area. 7.0 COWLYNQNS ANI? RECQMMgNP,AT I Based upon slur evaluations, the psvosedtieveto m 0 eni is a cpptable: from geotechnjiol engineering standpoint. By foflowing. th,e. mcOwnenclati-ans And guidelines :se t forth in our report., thastrucitures: and gmdiing will besafe from .excessive seltibmefits un'der the anticipated de&14fi loo-dirip and con(wons, The proposed grading And development 4 al me et Vet all requiramoots of the City. Suildin ce: Ordinari And Will not. impose Any 40WO effect on, existing adjawntland: NorCalEn-v"Jime rin . . .: . g., . e g March It, 2011 Page a Proloot Numow 1162'3«1 1 The following mcom.niendationt are based upon soil conditions. encountered :10 our field investigation: these neor-sqrfaca soil conditions could vary across the site; Variatibi35 in the so conditions. may: not become e)(ident .until the coMmOncezrriOnt Of gradip.g. operottom, for t1he Proposed - development and revised recorn . Mondaffong from the 601119 ehohe& may be neqevwy basOd 0001he qondljdnseftwuntered. 1.1 81*00469 Re"nit"nondattafts it: Is: MOOM.mendo.d that site inspections be: perforrriedby a:rep.rgsentotive of this firm ev Q ve I during all 0eadIng and comtruction-ofthe d 0146PMOM t rify.the flndjags and recommendations documented in this: report: Any unusual conditions wlif i3 moy be entounteracl in the. odUrad :bf project. the. q9:evel*rn e.nf ayrecire the need W additional study 'and' revised recommendations. Any ve9et*tidn shall be. removed: and hauled from proposed. grading areas pribr.to the start of. uradlng opeWiQbs; 5xvisting vegewtldn shaR not be. rnixod or disaid. intothe soils. Any M!)Oved. WIS May Im reutilZOO as aMpacted, till once any dete , teriqua material or oversized Materials (In &40eas afaigfit Inches) is rernoved.. GracIft, operations shall be perfornlood In arzordance with the nt of o Crppacied attached SpecificaUbms for Placeme Fill, NorCal Engineering mar6h 161 '201.1 Proie.t. Urriber:15 Page 0 7. 1.1 ROMovaj 40d RVOOMPOO110h. RoOmmendations 'the upper 1-6. 10:5.-5 feet of existing fill soils M)AII be . m . rhoved t I c, carripete . h . t native. MaWdAls' the o>t'060d. sutfAC6 SCMOOO to a depth. of 8 inchem, braiaghft to withln 2 OA of :0 is t ent Otimurn, M6 turt:dom and oompacted to a, mirlimium of 609/6 of the laboNtorY:sta hd . ard (ASM D1.567-07) prior to: Placerpent OVany additional cornpacteo fill 30111*: and pavement. The. upper 1.2 .'inches of soils: beneath budding h Rng stabs shalt be compacted to a rnmindurn: of 95% relative cornoctiori. Grading sball ext4nd a mininimm o 5 :horizontal feet outside the edgqs.of foondatlona or ecioldistant to the d*h of #0 placed:Whichever is greater: 0 s h.(y Id: be are U, tp Aan to errs maintain: adep qrAl support for aff atijaceat I: proveme ct q4tq improvements an structures at ali1imes d6rhng the: grading operations and Construction :phase,: Adequaite drainage 6way' frorh the structures pave ment slopes shou.1d. beprovided at all times;. it likely thOf Isolated areas of undiscovered. fit . I subsurf(mce structures and utility lines not desorlbed in this report, or materials disturb6d: duflng demolition operations Will be opourder.e.cl during stle.grading. If found, those areas should be excavated :and back I filled as: discuss . e I d earlier.. if encountered :any structure's and. lines shell be either. removei or properly abandoned prior to the; proposed Qongtrudon; Abandonment: procedures p willbe provided Once. UridergrOund. structures are encountered.. If placement of slabson-g4deand paverrier t. is not Oerformed irArriedlaWy upon Corn Ie-ti f di On �Q grading operations; _dclition.a.l testing and g.ra::iIng of the. areas. may be necessary prior. to mitinuation of constructionr ooerationd, Likewlse, .if a0erse weather conditions 'wour Which ri).ay domage, the ubgradb. :soils, additional assessment by the: soils engineer as to the quitablifty ofthe W ortfno soil pp is may neWed. NorCaltogineenug. Mar6l i 6; 2,041 1 Page 10 PrqjocMurnber 7X1.,2 R111.8tanket R0,00MM014atiomw . PUe fie tlYer ".0him donsity of the upper . q n0-yo b sails and thepotential 1br differential se tti :structures do both pa, ted fill! and aniont of :st cbm c notive, 0.110, it, is re,00yimendkd that ail foundations : b6 andartain by a. Un&r.rn compacted 'fill blanket. at ladat 3 feet: In. 66ness: T , hie fill blanket shatt extend a minimum Of . 5 . horimotal. foot. outside tha oOges Of . foundations cr eciuldistant to the. r9epth of fill placed, .w. hichavo isgreMer'. 7,2. Tomporary Temporary: unsurcharged sxcavatcjmfew than. 4 fee( in, height MOV ber _Wd.atvertical inclinations, Excavations over 4 feet In height in the aj . istng site matedals may be trimmed .at . I to: . I {:horizontal . to vertICAQ I gw. 0 ht,for th6 entire hol& of thd but. In area,§ where solts With,little or no binder are. encountered . where conditions ate exposed, . Or where excavations sire odjacut.fit, to existing structures, shoring, 66t- c.utfinq, cir flatter axo4vations may be required. The temporary out Eitopie gradients :Ojvdft above do not Preclude IQq.al raveang and sloughing.. All.. excavations shall W made in atcordance With the requirethents of the Soft 'engineer, "AC L-O$HA and other public agpiricies ha 1P.09T Is4100on. Temporary sharing design may utili a 0' rth:.Ppos ze � ea. sure of 26 Rd vip without any s.0 .. h rgo:due t . 6 . ad . jac . erit teaffici eq IP u' ment or structures. The passive%JfUid pressures Of. 2b0 Pcfmdy bedabbledW 500 peflortompprary NorCal Engineering March Irk 2011 page I'll 7.3 Foundaflon Design pirojeot Nuh0g.10Q2 . 34.111 All fominda.flon rogy Fie designed o . I . it iz . in the .following allowable Soh P Or ,b. ing copadft,tes for embedded depthsi of 18 InchOtinto dense 06006 ted: fill. Materials with the 6 Footings $11all not traverse from wl Orresponding mft.s comp.a0ed fill 10 nativeMW for diVerenthat se-Nement. soils clue to the pote .of: ructuteg. - solated ALI mi vytd Fouisdatioii Fo 1.5 2175 267.51 4,0 2476 2975 4-0 2775 3. 2. 7 ti. The b Ooring value may 4e impasediby 600 pef for each additional foot of depihAn excess of the 18"Inch m1mmum depth; vp:(4:a maximum of 3j500 00. A.60*Ned increase may be used, Wheft considering short te(mJQadjgq from: wind and I seismic forces. F"oundationsfor property One screen walls supported onfoun :18. liftin depth end :at dMighs. a mimmum. dind .f least .8. Inches into m lu-M �bffjd i 0 S Its 6 md Onse net v po de.igned using a reduced 41tovrablesoll bearing o6oacity-tof 1:16-00 paf, Steel r6JhfOM.e;'.neht due,tosoil eXpansion cw proposed lo d nas) Ay be necessary and shall be determined by the project engineers andlorarchitia A representative of this Orn $hall observe pdor.pimpernant.of Connote. 7A 60,019m.OnA.Analysis ResUltant praswte curves for the' consolidation tettip. are: shown on Ptafes 04fComputations utilizing these I burves and the recommiefyded allowable. soil bearing capacities reveal that the foundations Will Oxporlenoe normal (not SoIsmicolly Induced) settlements on the t . he order of 314 inch and differential settlements. of less than 11.4 inch.. NorCal Tag ineering Marcil Flage 1z 74 LaterW 9,0010moco project Nvir4or 1:502,3"11 The. followia value-Rt be utilized in resisting Weral loads RY10dwO On g :miy the.:struttum. Requirdmonts Of the California 6vildf6g Code Oo.UI4 be adhered to wheh the OmMoient of Mr, n and pasti me : prepailines Ore combini3dz CW0616 . F i54utya . loot Passive FIW.d Pressure. = 150 lbs.1,qu A Maxi�.nu . m massive Pra6dUre 2,500 Wad cu ft, The Oassive presswe rooro.01manoations are valid only for approved compact 11 all m e ed-� sails pet nt.mative.%round. Artive: earft,i prepabres against .retairing Walls will be equal to th6 Pretwores .developed by, the faun wnfluid derJoities, These milyI ar ba'dMI . I maternal: placed Pohimcl the walls. at various ground slopw above the walls. Surface Slope of: Refolhed Materials 4 . t . 0 1: .2 to 1. 45 :Any. 00p nd sewnic forc566 .11cAble :.9hort4erm, construction surchargp4: a. I should hould be added to the dboVe lateral pmss&k values. Ali wafls shall be waterproofed as. hooded and protected front hydrostatic pressure by a rellablepermanent subdFainspWn; NorCal Engineering March 1:6, 2011 Page n ProOct Numtie.rl.502'1' 7-7 Floor Slikb.0401sign Cancripte floor slsbs=on-,grade shall be a. minimum of: 4 aired S inches :I in 640kriess, in oftlwand� Warehouse areas, respective y., and: rijay be.placed upon fill soils c m acted t 9 01 A ini,M.Urn. Ofg.'S. P0-, 1.0 VVO I 0 OM:PScU n In 1he: P u . Opef 12 Inchem Additiolial refrif6rcement requirements and an increase in lhickije$s, of the slabs-qn-grad.e May be heq%sAry based upon soils expansion potential and proposedbailing cofidltlomf in the:structures I and should be evaluated furtherby the project Origine6r5andlorarchitect. A v 1 40 r I retarder. . should:. be. . ufili� . r . edin areas hio.hwould be. s.e.0sifw.e.to the frifiltraition of mpis, ture. This retarder shameet T Menks of ASTM. E qe,. w6w vapor P.iiinsmi . ssi . on: of Materials and ASTM E. 1745, Standeliv SpObffibsW for Wator Vapor Rdlarders Used it.) Qontwt with Soil or Granular Fill Under ConoweZ./pbs, T.h.e.va.porretarder sttallbOfnstall6din accordance With PrOCOdM0 in,ASTite stated TM E 1843., Stanowd Prowed for Installation of #Natdr Vopor Retarders :used In Coswact with Earth or Granular PIff Under Concrete 8ws, -n.ia moisture, retarder may be placed directly upon oompar ed ot subgrade, :although 1 to 2 inches off -sand beneath the inert 4rano is desfm.ble• The subgrade. upon W ich the, he: retarder I8 plam sh d (I be smooth and. free of h a. rocks,: gravel or other protrusions which maj damage the ridtwder. Use of sand above.the: retarder is Under thepurv.iew of the structural engineer: if Saflo 10 used over the retarder, it should be placed in a dry wrr SwbgraO soils shall be: moistened to at or slightly above optimuim rholiture levels• immedi6tiaty prior to pouring of concrete., All concrete Slab. areas to opyerih ro;�ojye flo.o-O.S should be moisture, testedto meet all manufacturer r requiramerift prior to plWarnent, NorCal -Englacering Marcli ORge 14 . Project Number 1. 62341 Tide upper Adis At. the site are very IOW (Expon4ion Index in -20) expapsion potential.; Sites With expansive soils. (E-x an.sfoh index �20): require special: attention dorino projbOt design: and TTainterrarli e, The: at.Whed Expanwo Ul 001dWino.s.shoul.0 be reviewed. by the en9ineers, arohiteof% owners maintenance petsornal and other lrtterdstad Porte..and Onsl4w4d dUripg the design: of the project and. futi.ito prooerty 7 9 001hy Trench and Exc#v#tto Trencheaftom installation. of Utility Rh6s and othOr excavations may be boL*filled. with owlte:soils , of approved Imported soft compacted compacted to 9 tOnnurn of 00% relative com.Octlok Ah utifity, IIhes:sh9jF4e properly bedded aftd shaded: with cleansand haviri go sand egttivalenCy rating of 30. or more, This material shall bO:'thorqwqhly Water, d around the ipe jetted P. strudtijire p6or to plksmerwt of Ompebt6d 44okfiff:66ft, .1Q C6004W Dostvin CAterld, Representative *4 M I -f the surficlal Wile revealed. n g4lble.suffate concentrations. n recommendations are and a p special concrete deemed necas$aty At this. t1mei It is.ro'. Commended that Additional sulfate tests to Offor"d at the: completion of rough grading. taassure: that . the as graded 06 . riditions are const I sterit with the eacommendatijans stated in this design; Wfate:testrasults may be found on the, Attached Taolo IV, N.PrCal Englueering Makil', 1.6, 20111 Page 1-5. Tests were also conduettad ono riatidoftf represent 'ative sam, p Ia ofsoils to determine the potential cq.rrQslW. Offetb can -buried. metallic 4tntcturafg, testsforpri. resistivity and.chlorlde are included on Tables V � VIL S6JIlpH lindlOtes. a slightly acidic: C 0,6010n, Res iOvity4a& measured at 10110,09: ohm.4centimeters, a condition which maybe ronsidered:slightly corrosive I to JObtallic structww�; Chi ale oohtefit WWI, at:678 006.). 7.1 PrWirninaq Pavement Detign The tablo balow Provides A prellmin" ..... . based upon a tested R.-Value, of, 4.2,.far the proposed pavement araaz.. rinal ppivemen I t design should be based on RNalue testing :cif. the subgrade WK near the co.nclusi.on of rough :grading to. assure that the as,graded. cond ffibns are: consistent with ifiake Lised in this: . . preliminary design. n ht.sect anDesidn T'ype.of Traffib: Inches Inches T tic LQCJPA Auto Parklng/OlrouWlon 5.0 Truok TO 7.0 6ubgrade soils to:reaelva: base rnaferlal shall be compaoted to a minimurn of 90% relative comlpadtibn. base material shall be coftlpActad to at: least 660/0. ,Any .eqhdrate.:.GlabmonAgrad e in pavermentareas:shall I be a, minimum - ,of 6 inchesin illickhess and may be plac6d on subgrode.ioils compacted to :At least 9.5%. relat.[VO cormtsractlon. An no.i to . In 91 b thickpos. and placement of steel reinforcement due to loading (minditions and OR exparislorl mey beneoessaryand iwid 40 ri�Vl�wed4y 'the: tqraj engineer, NoW al Engineering March 16, 21011 gage re� Project: Rmbe 16623-4 1 S a the above recommenMloWis ambased vpon a tim tedirofflo loadings, clie.f7t shoold Submft anUd,#aftd:trmffia Wdihos f6r ft payemOnt areas to the toils. bilgire 1W700 9VQitablo, WMat pavF rnont seat rney be revieswed t606termirloadequacy to Support the proposed loadings, OA CLOPURE The recomMandationaarid mietbal'ofts contained in this iropoil are bored open tti'i so!i cori.1 tons uncovereO in our test expavatiorm No warranty Df this coif Wndiflon between. ourox.m. atons is Implied;. NotiCal Enginaerinq i6o . 0 . [d be notified for possible fu 1. fther MOOMMOMOOMS If. u.n. O*p Oted to unfavorable cond . Itionsfire -encountereddpring construction.. pha$.eIt Is the responsibility: of the owner to ensure that all Infomotion Within thlsfopdft Is aubmttteril;'ta.tl .e Architect and . we: �ngiqeere fa the pro! This firm should have ethe otrparturtityt"oreview - the Mal plans, (72 houm for: re view required} to verify that all our recommendations are incorpom.W. This report and d all conclusibas: are sdbjedt to the :review of the coMbilirig aothdHtlets for the project. A preconAttuattoh cotrietence Mould be hold between the developer; general contractor, grading contractor;. ractori. city, inspeptor.j. architect, and soil 66.6meor to oarify any: OeAons relating to :the wadlhoPerations and: subsequent construo . tion, Ourtepro"ntative Shqu idbe present during the grading rig operations and construction phase to certify that Such recommendations wommendations are m"plied Within the field:, rhis gecaiecliriicat jirvei3tigation has been OpAdmoteO in .Mahper consistent with the level of: cam, and skill exerclaed by membom. of our profession curmntty pratticAng under similar conditions in the Southern California area. No other warranty , expressed or Implied is: madia, NOCO Eglue erf" . 9 . WrCh 16, 011 Wage 47 Project Number'1.58.23=11 We appreciate this opportunity to be o :service try .you. If you have any further questions., please do not hesitate to contact the undersigned. RespeCtfuily subrnjtted; ORCAL ENGINEERING ffjj p Keith D. Tucker Project Engineer R.G,.E,. 841 uA, i= NorCal End: t r°in Nt IMP: Mark A. Burkholder Project Manager M 1 . arint Page 16 Prqodt Wi tlbet 1562311 SPECIFIC low dertrylty. soh andAw saturabad snits shelf be re.M(Wed. 10 vrql,gajj pndevthe inspection of the 8044 giR -n E ee, ring 5irm. After _ urface hasbeen cleansed of debtfs and/or Ve0etation, it sh.411 be. t is uniform the proppr moisture oarAqn t ,4 , (in to a minimum of 90% feligive. compactfon accordance with 1.644 area Wbero 0 transition boweph fill and native soil ored o- , betwWt b 0 Ck and aoill are ancountwed, additional excavation beneath f6undatlom and sidbe will . ill be rd t to provide: ;uniform support and avoid differenthol necessary in o. 0. settlement of the . struc . juto. vemcatibn of oiatiops.0parig grading operations loll be the.r. w-popsibility of ihe owner or his d' atipated represefitative. Material For Fill ThO on gita soils Mappfovel imp s may be utilized for the compacted fill Y. qrtsoil Ordvided,they are free of any del4terl us materials and shall no contain any 10 rucks; brick, asphaltic concrete..' cor.ioreWor other hard mmerials�:&eaw than eight inch in maximum 6me . nsior . i , s . , Any import soil trust be approved. b y the Sods Engineering firm 6 minimum: of7 - 2 houm, pnoto Irn.06dationof ofte, Placet . nsoifof COMP.A.6tod FIN The appr oved fill soils shall, I thickness. Eaoh lift shall be. u fill sails shall be bedught. td.".' .otherwise speeirted by the Sol W a minimum of 90% relative C :and approved prior to the plot shall WoWlnod: at the discrel . . of one test for every: 500, Cubld :fill placed, laced in. Wyerg not excess: of six: thchay. in m in thickness and, thoroughly blended: The 2%:of the optimum midisture: ddntont unless 1gineering firm. 5a6h Oft shall be Compadtad. action (in a6cordanoe wlthaSTK, int Of the rfoxtlapr of, soil. Cornpo dio6kests. A the.Spils Engineering firm but to a M.101mum s.placod and/or for ovm 24eetof compacted TheMinh U ti compaction jh6il be. :o,4toiried'in accordance *ithactepted 1. tin m rela ve rnethodt In the constructionlridgiAr- ru U areas a y, The final grade of tO St ct, MI r ash It sae o I In ... a - don . 4 1 e and 1.� th ab 6. 1 ftierit of.. I �a 9 (Wo nditk)n prior to, pace .... 1. b Monargda at pavement areas.. No fill,sioils shall be I p . t I 9de I cl; spread : or Compaded during unfavorableI . weatharWriciltions. Mop the grading IsInteoppted,by heavy raio� 001,hpattion operations: shall hOt: 40 r6sursid . until approved by.the Solts Engineering firr.n. NorCal-Engineenag march 1.6;2011 page is PrOlOOL Kurftr 1 M23-1.1 The. controlling ag - ekfes 60610 be n(Alfied prior ta inrnenceme4.of any grading operations. 'This. firm rew.mniands that the: .grading Poratio t% be Oondmoted;.U.6de. r ff 1 6 obsdrwit 16h of a Soils Eno( per I . n 9 firm as deemed ecessaqA. 24-hour notice must be provided to s firAprior to the:tirro Of ow initial inspectiqn, ObstwiO.In 'Shall I haludia t.he Clearing and grubbing operations to assure that a . H unsuitable Materials mve been Omperly rem. ov ed; approve. the exposed iubprade in areas :to receive fill and: ih, are . as . w— I h . im . v excavation IAOs re.suh6d In the desired finished grade and designate areas of Overexcavatiow and perfonn .field cornpaptioh. WM6 to Oet.efthme. re.at.ve co.;npaiction aQ,hieV%i duting fill. placement., In additioni.all fOUtidtiti0h eXOaVatldh$ 91161 be observed by ftioeorimg.. irm to Confirm that gppropdata bearing.materials are pm. sent at We design grades and rommiend any madiiRcatioris to construct footings. Nor -cal Engl . neerma. Ma . r . ch %2011: Poled Numbeir 40623-11 Page,20. 10 oxPlansive. $00 Ouldelines are p,170 vided for your prqjoct� The intent delines ls to. inform you, the client, of the Importance. df ptoper design nda na1 of . projects . supported, 60 oxposiw Wls> you, as: the QW144tr tareated pqrtyo Mx d be warned that o6on . Contoined: In the soli P900irt Including these givideftnos to nonglaeors, archlitect%.: landscap .. era. a I a d other lciwisilgo-p MOO In. abjQ *0 to pirovidei a des Ag n tl#aviskes Into co Wderatlon soils. in addition, You, ahould prow'die the soil report with these guldolfhos to any Property Mariag . er, lessee. property . p . Mth, . aser 0 . r dMot MWest . P"Ifidt . will .have:or the deve -Ment in the suture; lop h.. Joh Parisive soils are iine=g.rained slits and clays Wa suNie-ofto,sw..ellino and contmeting. -17ho aniounrol' this .%Wkln6 and ContrAiXing. 1$:subject to theamount of finelfolned day, materials present .'in tho:si:Aft and the amou6l. Of moisture .either ilitrod i , sive soilsare divided into five Uced or extracted from the:so Expan categories dries ranging from "Very 10.,W- to N high". h.xpan6lon. in Oices are pssig . hod to each classificati on and are included in'. the. laboratory. testing :sec . tion of this 6rt; it the 6x09h.sjbn ifidex.of the: sails :on your site, 'es staf4d Jry this report, is 21. or Ngfier, you have expansive.soils, The, qWsaffications bf expansive soils are at follows: When ex . pa . nsiv . e . soils aredarnpactdd .during site grading. .00.0fatiOn.s., care, is taken to .place .this material.$ at or slightly above optimum moisture i I ev I e Is: and 1. nd. p orform proper pQmpedon, operations. Any subsequent exceissim weOing. .. . � soil iridlo�, c1ty-ing of expansive tod trio awl. cause soil materi. :to oon.d aindlor contratt. These: actions are . likely . to cause distress of foundations; structuresS slabs -on -garde, Wdowalks. artO pavement Over the life Of the, titr.46ture, It Is I . hoWare . ITFierative that even. after. constnictl6h vf i is, 'the M I olat Ore contento ere l Maintained At rAjW-#vO;y- Constapt levels, allowing neither: excessivowettingbir drying.of sbift� ring March M 201.1 Pap 2.1 Nofect Number 14023A. 1 Evidence of .. excessive wetting of expapsive. soils may be seen in concrete slabs, both InteflorWd exterlor, Slabomy Oft at Constm6tionjoi0a dpolrig 6. trip' . iazard I :or May crack from .the pressure of sell oxpanslon- Valet 6 . lay's In. f600purin. areas may:result in lifting.of the strobturo caustri Ity in the diffi)qo Opening and :closing of dodrs-and windb*i As Well, as crooking : in, exterior and interior wall surfaces, in extreme wetting of 'so its to depth, settlement of ffie %trwute may Excessive wetting. 0 pols in fandareas tt; 1. 000po 0011cent to concrete or asphaltic p4vement areas in so result . Ir I i . e I xp . ansion of W! s?bene , ath pav , e6a. 4 resultant distress to the p 0 e surface, r,).t and rat ov m, nt EXO"OVe drying of .expan sive Soils 19 initially evidenced by cracking lit the tures eudaue of the solls dUO to ctintri6a6q.K. . 9 Montof str(u, and on -grade slobs May. alsoh eventually result along With problems: M t .6. oporation of doors, ON whidows.. tocated in amps of expe inive cI6y. togs WN be I , I vubj,.0.6.1 16 More M )I .an—d a.ha"hairline" e" 6,ackinq o.f..'wafts a:n�d., 1:4:bsloan: Wn*O.(prqjeo 6$00afed on non -expansive sari se11s. Therearej however moal red - thAt, do - .. vel.d pers And property Owners, may take to redo. the smoont� of rn . ement over the life — . , .. (t Owners, . th4 d6el worwrit. The following quidelibes are provided to assist. yqu. in both design and maintenance of . pro*ts on ex 'Is: .. pensive Sol Drainage froi stru6t�md and pwernent is 0 prevent 9 away M t. p. v OkPe . ss . ive . weffing:01 exponsive,solls,- Grad -es of at least 3% should. be designed: and maintained ib allow fidW of Irrigation And rain water tar appTowed,drainage. devices or to the Street Any 'ponding of "ter 04.koht to wldin4s: slabs' And pavement after rains is. evid.enqq. of poor, drainage;, Ike Ins Hatton of dminage deviws of regrading dfthe :area. mayI errn dia n. of. rain be, te.qu. red to assure prop .01.1- ge. Installatio guttersbuildings, Is eitlded, to control the.inlroductidn of mpisture. next . s also relmm device bi, uildings, .Gutters should jhto.a drainage devi, ontb.p.qvpryii)ntWhlah:drains.toroadways. .1 rriga : tion .9 . hout I d be strictly contro I led orwad building,, foundations; ilabsr and pavement and may need to. be adjusted :dep ending upon $Jeason. This control is essential: to rntlintajh: 4: Watively.:.Cirliform rrwist.W6 . content in the. expansive, 9611$ and to prevent; and tontracting, Ovemr-wateiiing adjacent to imO oVe IM I Wits may t-sAY result. in P damage to those . 1 . 4-nprovement& No.Cal ll�n r R gin,60 69 inakes no :specific recommendations ragont[ing, laudscop.0, Ird i. 0 whe gat. q lules.. NorCal En-pneering Momh 14 , 2011 Page 92 ProjeptNumber 15623-11 Piantlng Schern,es for landscaping around structures: and pavement should; be. AnWO I ceroftilly: Plants: (including sody requiring high amounts of water may result in embess Ivewetting of soll% Treeis an large ghrulJia may 40tually eWact niql6tore. ffor,TT the expansive oils, thus causing contraction of or and 4. on -grade slai 60 eA flor.6fdhs Will assist in keeping extqwive: ,rfnq direqtly beneath the concrete. A Six-J.6ob thliak e:.d`edge on slabs rnay be oqnsldered, Underlying �r slabswith 6:16 12, inches or More of q presaturation of the underlying clayey soi.1s as. he soil report will improve the OV Wall per orrrtanra of Inerease tt* amount.of steal minf proln in comb ate s Wbs f oundati Onsm and other structures to recut . . the forces of expansive soi(s. The preciseamount, offe,16for0ing shgul0be determined by,#Ie up I design enginaers and/or architects. uld 6 ecornmen0a ns atioof the report ho a IWAy.s. 6 follo"din the de,vel.o. e t o .. the h project. Any p"pmMetioltions fegardinq Pr I 040,ituaa,060, of the uppor ssubbJrado 04 in slaboas should be performed fit the floto ;in4d: Verified by the SaTE4neer. NorC41 E IOv neeirl Mamh 16: 2011 Project ftrnbw 1:5623-1 1 APPENDICES (in order.of appearance) Appendix0 Logs of Test !U0.11 rations *`Logs of Test BoAnds 134 to B-1 2 .Ajj&ndlx 0 Laborat-qA 4.1 h Old 'lable 1,- Maximu Tests P-Dryl) onsity T #Table it - expansJoti.lod.ex Tests ' Table Ill. - Attprwro Limits Tests iTablo IV - Sulfate Tests #Toble V, pH Tests *Table VI Resistimity Tests. *Table V-11'. Chloride. Tests *Table Vll.l:-. Res.ist.a.fice Ik val.".010sts *Plates XC - Direct $hear T ests: Tiates D-.P w Consolidation Tests AWg-nd-tx-q -liquefaction Analysis :NorCol Fri neering Mar'Ch 16'..2011 Project. N.urnbee 15693.11 N . orC.AlEngineering RAP1#6 LITTV t TYPICAL'bawkiprous Xym qYmF4An1 AM MMM 3 GRAIMI.. GRAVel. i4o Nr Saul Mvi-fAlw MIXIt "URK.ViTLF. COMM OA 4. rimps CMAHM MORE THAN sm SILTY j�RAV"$ rZR 60W OF :GRAVELS VWR PIMS COARS'a I, r RAcloN ON (A-PPIRMAOM WMIN r Qv L.UYEY W), CLAY. MIXIIAU� r'.AAVELL.y r SM6 =.AN FjANU AND . ( . LlTvl.(2. QR No or ,is Tkt NO, 4)IMMVE W% oil. -SAN.7's WITf 1 4 Mcxwks: FRArTK)N CAM i014 TOF CjAYV..� NQ�4SIRVI� F 4MES, WIRY FINE $KNbs' RoOKA OUR, k (y:OR - CLAYEY PIK 9. 404 ' . L. SIUTSINITRSILIWI:AW11c. AN.(e CtAys� 0 J'OWTO.. Fm- . Wbir. fAM NWASTWITY WAWLLY, ORAINPP ANDrkk SA CLAYi SILTY �<W'S OAY's OL "Pr W -GR 13"INO M't.P� CfKrATft TRAN MATT FAT r;W�S 206 CLAYS MEDIUS*TO NIGH F LASMIT Y, WMWO aiLrs . . . . . . . . . . . NOTE; DUAL SY . MO 1 01-3 1 AktE UMD 70 INDICATF SUADMANli WK- WPIQATIOWS� UNIFIED SOIL :CLASSIFICATION SYST15M KEY: . m . DlAniptaf. lndloatijI0,4 bRuh OD $p 1# Spopo Slamplo (SPT); Ifidimtor, Shelby Tube. Sarlipli9.- klolcples No: Recovew: t nd I icotes SPT wl ffl: 140 CH pinle,r. 3Q: lh.:Wop, indicatas indloateo, sm 1110ag sallopt lndicat&a core kum. CCiMPi0NtKT -POR . p ,TIQNS. 0ONfPQNENT PERNMONS PESMIPTJWMIAW RANW9F PROPORTIO 36% DAW AM* No Mom WIFT, viiam RELATIVEDWITY . OR C.QNSISTENCY VERSUS.8PT N NAM COMESIONLESS 30ILD Dom% 0.164. Very 904 O:tv>,P 2k 4 7SU. W— A Ida 30 w 60 sliff 4 wou VqfVNf%uk - 4 soff WO . ......................... I ................. .... ....... I. ..... . NorCal:E.n inoo .g ring pra�aa4 Ma; Isuml - - -- - -- ----------- . . . . . . ............... ......... ......... ........................... ............................................. I ...... lvm RWAkry Elevaton Not MeAsured .. NitC LAYvwkh Ruitte sand 10/1 Sniff !Y. CIaYOY.SiI ................................. .. . . .. . ... .......... .. .......... ............ 6011.11 14A 41700 ZU :45 ......... . . - ...... ............. ...... ESQ 0 7 . 0 --1— PraY�cc No: NorCal Engineering .1 Q0. 67 69 Date aP:tirfltinq:81C .................... drilling Method, W 1b Brown, tiem;'vwy tnuiat 25 35 ......... ............:. ....................... ....................................................__ Ner of Engineering ��yyifn.. xx ^* f . 6110 9.2 1012 4iFi 2`I,3 1'Q0:9 6'tt3 Is's i 827 2.12 31.1 I btl 1@ x/3 131.4I '�QB xt8 134,11 5/7 124.2' I 'IOCrf 2 If] tit J, ... s"616i 5itty SANG gy .......... ZOO ;. finIN.Run atio.ololm 417 �ifl GLA Y bak brown, Medium stAvery. mist. 416, 25,G 1041.1. 40. NorCal Eng.lbeering, Projeot No, Oogs-il a Gate mbrmu4 10 Is, Geotochrl cal Description ........................................... ...... r ......... . : ........... on Not m6asum ...................... (iV! Condefif over O.M.5440 mwrw .Flu, SOL$ SwidV5. X. T *Ah occpl�iongj Q v�ol, Orj�:fojg 0#10. 5 ok*,. mq0itim �* ' fmo : W N#WAL�Wl�' I._. . I .... — ... ---, ... ... I....:..:::: ::::: - ............... alky mW:.aftd san4 SILT , .... ... . .... ......... ... ......... i6inly wmplele d gat depth of 7;0! NorC.al Engineering MI I ii. a 1 '1-04,2 6 Project ................ Bata of I Sand1 1. Sit t $Tq ..... ... .. . .......... .. Sljty Is. .. .. ........ . .. ........ ... 25 LL 46, ........ ................ 5�q T;O 90A k4 106'a I I 4M :1 SSA 11012 I I W I ;M! . I -Q, 7 I I w 12018: 1 1,60 . , . of 8bring 84 of ............. ....... Skirface Elevatlon Not Menumd A SanAy SILT with Ocv-41001 gto"j m . st . 1 . .. .. ....... ......... . so I us Silty SAND T U411W)do Ali :2z: Is NorCal Engineen.n.9 ,a o, ofing of Ort, ................. ........ ............................ .................................. .......................................... Hamma weight W the. . . .. . ........ ......................... ................ ...... w..T ........ ............ g DOW IMp-7ff 00%) 0019tochn'toal DesalOon —I301 Iv .. .. ..... . ... . . ... ........ Silty ISAND Ormnj molu"I (I Onsal damp la rad St A.AY Dark (Fey-Wown, medum:s(ki MOW to V" moist 6 9.72, .. ........................ ........ .............. ..... .. .. .............................. ........... . ........ Uonn't; completeitat.depth of 2J.Q� .. . ............. .......... Nb.rC.al Engineering: ......... . .. Log of 8. Oriml B-1 0 6ate Qf wAlling, Wont .... . .. ......... ............. brow i SUrfOO ClOtotiorf, Not MOMMid Mr ClAsis matedal Mith awficam, k moist .......... ...... .. .. .... :20 prolool Kai a 11 11 9 () - 25 Log �Of Boring 8,41 i 1164h1araiendHrater....§NiMono.i....�reik ....................................................._..:._... ........ . ad Roltow ftm Auger ght 19i11bB Dow 36" . . .. aE�piPG iil{r~ i C3 $ P i100 %afAce Elevation Not moaaumd � 5b":Mptioll overg. r:ffaae Metelel &Il.l,. Still S SfoiidySltTwl4Vt.u�t��ipYr131'N7'�v(a1 3Y�' li.X :�1.$. . l3Cbwn, medium alif� tJ2mP19 [natat: ... ,.... . ... iu� i'UI`2A1. SDILB. Sifry SAND e{crwn, 00K.Mufn 40i. lo. do.lmp'to iri®iet 66mease 0 play. content wrtli. aeptli (t irlri0 eomplete�l:et depth qi 11 i Rrojeo{ Ma; NorCal Engineering f2 Lf 9:o Oonngl3^12 Data of brining; sl0001 Gfi3 ndrratar Depth: ........... -----.........................................................._............................................................... priltin AflstKodj,Nutiow ewtt3ih Au.��....................................... limmcr Might 140Ills. � t3rcp, 30" Ippth teat} Cac�F+«chnPa�i �3��r9pFFan titcrracp ElovatiQcr Not Measured . S 6" Asphalt aver(I R fg4sa Mkjj&ial rILL SOILS 5�n{IY Sil T dallh�ot itx7onAl4ltaivet. wgcmlo plc<ms Ftrawn mpoluln idiffkienso damp tp mdi�C „S: I NATUIitV SGIi:S: Silty SANG? OW �SfLlr �� .aYi'dwi�;. ifi4�diui� ds;tsfl, cfaittp to'!maha ,Gray, madtumstlff, mom ..... ....... SdndY SILT 1(7 3 ai&,AtaY, medium alm rNiat 26 Igc:sumple3txti'eitUetrtt�!1t1£E.�k' _ ..... ... y prolsat No: 445 1 21,0 I 0, 4A 20.11 Project NuhlWeA562;2?7l1 11 ,SorCal EinglowiPg p eofof Nomher 15623-11 CA LE MAX III D. NS JY TESTS. IAB UO-1667-01) ... Z' . . " , Ampft -Q — �lf atib�n md-sture 8-1 QW2.4 Sandy SILT 12,Q Ell eXPANSION, INOEXTESTS LAMM M I 8-1:0- 241 sandy S . ILT ATTERSERG LIMILS (ASTM: D4318-061 eWgr- Limit B-1 Q 2-4' 33. 2.6 TAEkE I IM . SOLUBLE SULMTE TEATS, (CT 417J Swale B-1 a i-Z Maximum Dry DonsiE lbs,lcultl 126;5 ftaa� . Lion-Ln—ft PlUflefbt Index ,20 Sulfate ,00:17 MW6h 16,2611 Project Number 1 ww-1 1 .1,AIL.EV 0. 19"T RESISMVITY TESTS (CT J43) Sample —Res is fiyjty—Cp—hM.:C6 !;IILQRID9 IE§ll . .(CT!4.2;)) TARLE.Vill MIsTANCE im �YALU5 TE M 30 1 _arm is 'R? A yg NbWal Engineering 1000, 150.0 200.,0 2$.00. MOO. 3600: 4000. Nomal Strm (pso Wild Engineer it.. UIR . ECT $1-I.EARTr%$T DO . 20 TV . C I . IN .1 ICACON WI.A. N'Ls ASTM , 030.6. MR. A solloo4 Pak 02 109(1 17, lf,, vo ra:. 17% 1) i5yls oMlwnk. lfdtln] INN. Qmky (jwfN 9.4.2 9C1 942 mil nil Wwq Qolwkl 1>1.i. .stwill RAW 6.0*i f, SOILS, ................ 160,0 2000 2600 3000 .3500 4000 In REcT simm I'Ll ST CAT .C.O.N.,81JURA, NTS m T"4 looso (mp i('00 6q. 6:qo oyoj of? ) "hij tdt aiip. tn 441! wow (".n.kml o) -k SmJo lm� (m Imist) Ofi M.: 6,0?o 4100 Sam 2000 1 too ISO 500 0 590 1000 1500 2WO 2500 300P yypq 400 DIRE�T SH FAR TEST *Om Mme MUS LWO 0.16. DIM f0imr 18 Wl:ft th 660 3A 4,2 011"00 %2 034(f 6,6: O.M umn Rain fk Tiepin: r4' AND Sam 14 Nix B2 E mpal w AMMI 1.0:2 I . i : I . : ... ................... .................... ........... ... ... ......... .. ... .... .. . .......... .. .......... .......... ............................ .... . ... ......... . . .... ............ ....... ....... .......... .... ....... .... ... tol . ...... Z .......... ... . .... ... ......... .. .. ....... i"M ................ ...... . ...... ............... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... ............... ............ q ..... .......... . . . . . . . . . . . . . . . . . .......... ... .. ....... .. ..... .......... ..... ...... ... .. ... . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Uey q q ...... ..... ............. ........ ................ %--� ... ..... ... .......... .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................. ... ... .. ..... .... .......... .............. .. ..... .. ........... .............. .......... ....... .......... ....... .. .. ... .. .... ..... ..................... - ... ........ ........ .. O 0.94 ... - . ... ... .. ............. . . . .. .... ...... ...... ............ ...... ... ... .... ................................... .. ...... . .. ... .. ola ....... . ........... .. ... . .... .. .. ........ .......... . ..... � .... --e-1 .... ......... ---, ..... . . .1 ........ 1-- .... .............. ...... ......... . . . ....... ... ....... . oar ..................................... .............. .. .... ..................... . ....... ........ ... .. ...... .. ............. - ... .. . . ........... ........ ........... ........ . . zea ........... ..... .. .. .. ..... ...... . .. ..... ... ...... ....... .................... ...... ....... .. II.JJSJ ............... ... .... ............. ......... ............. ...... .............. ... . .. ... ........ ... .. ... .............. ......... I . ....... ............ .... .. ....... .......... ...... .. .. .... .. I .... -� 1-1- :�. .... e- ........... . . ...... - ......... .............. ...... . .. ..... , I .: ...... ... . .................. ......... ........... ...... .... .. ................ .... ......... ............. . ...... ..... .......... ...... . ...... ...... .. .... ....... - I .. ......... - ........... O'n .... ......... ............ ....... ............. ............. ........ ... ....... ... ......... . ... -714 try F, TY . ..... ..... ..... ...... ......... .. .......... . .. ... ........ . 414.ial W*1 Onl6* 1. I % ... ....... .... ... .... ............... . . ........ .... ..... . ....... . ... ............ . ..... ......... ........ ............... ........ ::.::::: : ... . ...... . ... ....... .... . ...... ........ ....... ... ... . ... . ......... -- ....... I., .: m: . ........ .. .. ...... ... .................... ...... ... .......... .... ................... ........ .. 04 .......... rc M. CA L: CON SIXTAws AS01:02 43:q. lo fxqllil Dato I iceKenfp . ...... ..... ........... ..... .... .. .. ......... .... . .. ..... .. . . ..... .................. ...... ....... ..... ....... ........ . . .. ... ........... .. ..... ...... ......... ..... .......... . . ....... 0,25 0,9940 0.6 too. . . . . ....... ... ... 4.5 t1990K 1A ............ .... ...... . .............. ........................ ......... .. .... ........ ...... ... -d .... . ........ ......... . .. ..... .. I . ........ . . ........... : ....... ... .. .. ..... ..... . ........ - 0."40 f.6 .2 lic"O. IA ...... ....... ......... . ........... .... ....... ...... ...... .4 *9750 0,9635 4.7 ....... .......... ........... .. ........... ....... ......... ... . .. .... . ...... .............. ....... . ...... ......... ......... ........... ..... .. .. ........... ....... ....... .............. .......... ........... . .. .. .. .... . ............................. ............ 0.0 . . . ......... .. ....... . . ... ........................ .. ................... ............ .�- .......... . ......... . .. ...... ... ... LAI ................. S alga .............. ................ ............................. ... ..... .... .... I . .. ..... . .......... e ... ............. ........ .. ............. .1-.1 ... .... ... .. ...... d ............ .. . ........... ......... OW; ............. ..................... ..... ........... ... .................... ............... .... ... ... .. ......... ... ... ............. .......... 00 . . . ....................... ....... . . wrote 16$ 2011 M=AZ NorCallaituoring, Ptoj'00 RUmblOr 1.51012.3-11 . 30 1 El ) f � L .'vI � V1.d a W wf. „�j♦ F ,m��3~ n n "". xa' cs' 1 IBIS .0 ..`C`... .. .. ..... ..... ._.k1' - ......... f ill.............. sµ, «. ........ . ...Ar.(pfl Ou QF -, a �h T�� !,�, «a« ry" LZ ALTA Owner's Policy (6-17-06) POLICY OF TITLE INSURANCE ISSUED BY E� `gu Any notice of claim and any other notice or statement In writing required to be given the Company under this Policy must be given to the Company, at the address shown in Section 18 of the Conditions. ! COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, (the 'Company') insures, as of Date of Policy and, to the extant slated in Covered Risks g and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance,. sustained or incurred by the Insured be reason of. 1. Tills being vested other than as stated in Schedule A. 2. Any defect In or lien or encumbrance on the This. This Covered Risk Includes but is not limited to Insurance against loss from (a) A defect in the Title caused by () forgery, fraud, undue Influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyer=; (III) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered: (rv) failure to perform those acts necessary to create a document by electronic means authorized by law (v) a document executed under a falsified, expired, or otherwise invalid power of attorney (vi) a document not proper) fled, recorded, or Indexed In the Public Records including failure to perform those acts by electronic means authorized by law; or (vl) a defectivejudklal or administrative proceeding. (b) The lien of real estate taxes or assessments Imposed on the Tige by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would: be disclosed by an accurate and complete land survey of the Land. The term'encroachmenr Includes encroachments of existing Improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting. regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records selling forth the violation or Intention to enforce, but only to the extent of the violation or enforcement referred to In that notice. 8. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 If a notice of the enforcement action, describing any part of the Land; Is recorded In the Public Records, but only to the extent of the enforcement retained to in that notice. 7. The exercise of the rights of eminent domain f a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and Is binding on the rights of a purchaser for value without Knowledge. `ape �,V W PROFORMA - 'S Stewart Title of Califomia, Inc. Stewart Title of California, Inc. File No.: 32292OProO i pena m s�.ino, 0-9301- Ityou want Infonnetion about coverage or need awlstana to resolve complalnb, please rail our toll free number. 1-a00.729-10OZ ayou make a claim urder your pocky, you must furnish written notice In accordance with Section 3 of the conditions. Vaitour wod-Vilde Web site at hao:lAwvw.aleaan.cam�}� a..� she VGIf L 001500 •e•a..�a�wn Page I of 10 i COVERED RISKS (Continued) 9. Title being vested other than as stated In Schedule A or being defective (a) as a result of the avoidance In whole or In part, or from a court order providing an atlemative remedy, of a transfer of all or any part of the title to or any Interest In the Lend occurring prior to the transaction vesting Title as shown In Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy. state Insolvency, or similar creditor' rights laws; or (b) because the Instrument of transfer vesting Title as shown In Schedule A constitutes a preferential transfer under federal bankruptcy, state Insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records 0) to be firmly, or - (11) to import notloe of Its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect In or lien or encumbrance on the Title or other matter Included In Covered Risks 1 through 9 that has been created or attached or has been Bled or recorded In the Public Records Subsequent to Dale of Policy and prior to the recording of the deed or other Instrument of transfer In the Public Records that vests Title as shown In Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred In defense of any matter Insured against by this Policy, but only to the extent provlded In the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (1) the occupancy, use, or enjoyment of the Lend; (11) the character, dimensions, or location of any Improvement erected on the Land; (Hi) the subdivision of land; or (Iv) environmental protection; 4. or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion Its) does not modify or limit the coverage provided under Covered Risk S. (b) Any govemmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 8. 2. 2. Rights of eminent domain. This Exclusion does not modify or limit the 5. coverage provided under Covered Risk 7 or 8. 3. Defects, hens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded In the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed In writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy: (c) resulting In no loss or damage to the Insured Claimant; (d) attaching or erected subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (a) resulting In loss or damage that would not have been sustained if the Insured Galment had paid value for the Title. Any claim, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that the transaction vesting the Tide as shown In Schedule A, Is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated In Covered Risk 9 of this policy. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and pealed or attaching between Date of Policy and the date of recording of the deed or other Instrument of transfer In the Public: Records that vests Title as shown In Schedule A. CONDITIONS DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amour of Insurance": The amount stated In Schedule A. as may be Increased or decreased by endorsement to this policy, Increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Polley": The date designated as "Date of Policy' in Schedule A. (0) "Entity": A corporation, parmershlp, trust, limited liability company, or other similar legal enlily. (d) "Insured": The Insured named In Schedule A. (1) The tans "Insured" also Includes (A) suoonsors to the Title of the Insured by operation of law as distinguished from purchase. Including heirs, devisees, Survivors, personal representatives, or next of Idn; (8) successors to an Insured by dissolution.. merger, consolidation, distribution, or reorganization; (C) successom to an Insured by Its conversion to another kind of Entity; (D) a grantee of an Insured under a dead delivered without payment of actual valuable consideration conveying the TIIIe (1) It the stock, shares, memberships, or other equity Interests of the grantee are whol"ned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) If the grantee Is wholly -owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly -owned by the same person or Entity, a (4) If the grantee Is a trustee or beneficiary of a trust created by a written Instrument established by the 0015CC Insured named In Schedule A for estate planning purposes. (II) With regard to (A), (S). (0), and (D) reserving, however, all rights and defenses as to any successor that the Company would he" had against srsy predecessor Insured. (a) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not conslnaclWe knowledge or notice that may be imputed to an Insured by reason of the Pubic Records or. any other records that Impart constructive riot es of matters at Ing the Title. (g) "Land": The land described in Schedule A, and alibied improvements that by law constitute real property. The temp "Land' does not Include any property beyond the lines of the area described In Schedule A, nor any right title. Interest. estate, or easement In abutting streets, made, avenues, alleys; lanes, ways, or waterways. but this does not modify or limit the extend that a right of Scene to and from the Land N Insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security Instrument, Including one evidenced by electronic means authorized by law. (1) "Public Records": Records established under state statutes at Date of Policy for the purpose of Imparting consbuctive notice of matters misting to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also Include environmental protection Ions filed In the records of the clerk of the United States District Court for the district where the Lend is located. (j) 'Title": The estate or Interest described In Schedule A. (k) "Unmarketable Title": Tole affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released tram the obligation to purchase, base, or lend d there Is a contractual condition requiring the delivery of marketable title. st .m.ww+•�ro�+ Psge2 of 10 CONDITIONS (Continued) 2. CONTINUATION OF INSURANCE obtaining witnesses, prosecuting or defending the action or The coverage of this policy shell continue In force as of Date of Policy proceeding, or effecting settlement, and (II) In any other lawful in favor of an Insured, but only so long as the Insured retains an ad that In the opinion of the Company may be necessary or estate or Interest In the Land, or holds an obligation secured by a desirable to establish the Title or any other matter as Insured. If purchase money Mortgage given by a purchaser from the Insured, or the Company Is prejudiced by the failure of the Insured to only so long as the Insured shell have liability by reason of warranties furnish the required cooperation, the Company's obligations to In any transfer or conveyance of the Title. This policy shall not the Insured under the policy shall terminate, Including any continue in force in favor of any purchaser from the Insured of either liability or obligation to defend, prosecute, or continue any (p an estate or Interest In the Land, or (it) an obligation secured by a litigation, with regard to the matter or matters requiting such purchase money Mortgage given to the Insured. cooperation. (b) The Company may reasonably require the Insured Claimant to g. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT submit to examination under oath by any authorized The Insured shall notify the Company promptly in writing (q in case of representative of the Company and to produce for examination, any litigation as set forth In Section 5(a) of these Conditions, (11) In inspection, and copying, at such reasonable times and places case Knowledge shall come to an Insured hereunder of any claim of ae may be designated by the authorized representative of the title or Interest that Is adverse to the Title, as Insured. and that might Company, all records, in whatever medium maintained. cause loss or damage for which the Company may be liable by virtue Including books, ledgers, checks, memoranda, correspondence, of this polloy, or (III) If the Title, as Insured, is rejected as reports, a -mass, disks, tapes, and vldeos whether bearing a Unmarketable Title. If the Company Is prejudiced by the failure of Me date before or after Date of Policy, that reasonably pertain to Insured Claimant to provide prompt notice, the Company's liability to the lose or damage. Fuller, If requested by any authorized the Insured Claimant under the policy shall be reduced to the extent representative of the Company, the Insured Claimant shall grant of the prejudice. its permission, in writing, for any authorized representative of the Company to examine. Inspect, and copy all of these records 4. PROOF OF LOSS In the custody or control of a third party that reasonably pertain In the event the Company is unable to determine the amount of loss to the loss or damage. Ali Information designated as or damage, the Company may, at Its option, require as a condition of confidential by the Insured Claimant provided to the Company payment that the Insured Claimant fumish a signed proof of lose. pursuant to this Section shall not be disclosed to others unless, The proof of loss must describe the defect, Ilan, encumbrance, or in the reasonable judgment of the Company, it is necessary in other matter Insured against by this policy that constitutes the basis the administration of the claim. Failure of the Insured Claimant of loss or damage and shall slate, to the extent possible, the basis of to submit for examination under oath, produce any reasonably calculating the amount of the loss or damage. requested Information, or grant permission to secure reasonably necessary Information from third parties as required In this 5. DEFENSE AND PROSECUTION OF ACTIONS subsection, unless prohibited by law or governmental regulation, (a) Upon written request by the Insured, and subject to the options shall terminate any liability of the Company under this policy u contained In Section 7 of these Conditions, the Company, at Its to that Balm. own coot and without unreasonable delay, shall provide for the defense of an Insured in Illlgadon In which any third party 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; assent a claim covered by this policy adverse to the Insured. TERMINATION OF LIABILITY This obligation is Invited to only those stated causes of adlon In case of a claim under this policy, the Company Shea have the alleging matters Insured against by this policy. The Company following additional options: shall have the right to select counsel of Its choice (subject to the (a) To Pay or Tender Payment of are Amount of right of the Insured to object for reasonable cause) to represent Insurance. To pay or tender payment of the Amount of the Insured as to those stated causes of action. It shall not be Insurance under this policy together with any costs, attorneys' liable for and will not pay the fees of any other counsel. The fees, and expenses Incurred by the Insured Claimant that were Company will not pay any fees, costs, or expenses Incurred by authorized by the Company up to the time of payment or tender _ the Insured In lire defense of those causes of action that allege of payment and that the Company Is obligated to pay. Upon matters not Insured against by this policy. The exercise by the Company of this option, all liability and (b) The Company shall have the tight, In addition to the options obligations of the Company to the Insured under this policy, cordaead In Section 7 of these Conditions, at Its own cost, to other than to make the payment required in this subsection. Institute and prosecute any action or proceeding or to do any small terminate, Inducting any liability or obligation to defend, other act that in Its opinion may be necessary or desirable to proseale, or continue any litigation. establish the Title, as Insured, or to prevent or reduce loan or (b) To Pay or Otherwise Settle With Parties Other damage to the Insured. The Company may take any Than the Insured or With the Insured Claimant. appropriate action under the terms of this policy, whether or not (1) To pay or otherwise settle with other parties for or In the It shall be liable to the Insured. The exercise of these rights name of an Insured Claimant any claim Insured against shall not be an admission of liability or waiver of any provision of under this policy. In addition, the Company will pay any this policy, If the Company exercises Its rights under this casts, attorneys' fees, and expenses Incurred by the subsection, it must do so diligently. . Insured Claimant that were authorized by the Company up (c) Whenever the Company brings an action or asserts a defense to the time of payment and that the Company Is obligated as required or permitted by this popsy, the Company may to pay; or pursue the litigation to a Mel determination by a court of (II) To pay or otherwise settle with the Insured Clairne d the competent jurisdiction, and it expressly reserves the right. In its loss or damage provided for under this policy, together We dlacrellon, to appeal any adverse judgment or order. with any coats, attorneys' fees, and expenses incurred by Me Insured Claimant that were authorized by the Company S. DUTY OF INSURED CLAIMANT TO COOPERATE up to the time of payment and That the Company Is (a) In all cases where this pocky permits or requires the Company to prosecute or provide for the defense of any action or obligated to pay. Upon the exercise by the Company of efther of the options proceeding and any appeals, the Insured shall secure to the _ provided for In wbsectlons (b)(0 or (9), the Company's Company the right to so prosecute or provide defense In the obligations to the Insured under this policy for the claimed loss action or proceeding, including the right to use, at Its option, the or damage, other than the payments required to be made, shall name of the Insured for this purpose. Whenever requested by terminals, Including any liability or obligation to defend. the Company, the Insured, at the Company's expense, shall prosecute, or continue any litigation. give the Company all reasonable aid (1) In searing evidence, stevvart 0015CU ...uraw,.,ev Page 3 of 10 CONDITIONS(Condnued) S. DETERMINATION AND EXTENT OF LIABILITY This policy Is a contract of Indemnity against actual monetary lose or damage sustained or Incurred by the Insured Claimant who has suffered loss or damage by reason of matters Insured against by this PORGY. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (1) the Amount of Insurance; or (I) the difference between the value of the Title as Insured and the value of the This subject to the risk insured against by this policy. (b) If the Company pursues Its rights under Section 6 of these Conditions and Is unsuccessful In establishing the Title, as Insured. (I) the Amount of Insurance shall be Increased by 10°%. and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the daim was made by the Insured Claimant or as of the date It Is asked and paid. (c) In addlgon to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses Incurred In accordance with Sections 6 and 7 of these Conditions. 6. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged tiered, Hen, or encumbrance, or cures the lack of a fight of access to or from the Land, or cures the claim at Unmarketable Tltie, all as Insured, In a reasonably diligent manner by any method, Including litigation and the completion of any appeals, R shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and dlsposibon of all appeals, adverse to the Title, as insured. (a) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured In settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attomeys' fees, and expenses, shag reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shelf be reduced by any amount the Company pays under any policy Insuring a Mortgage to which exception Is taken In Schedule B or to which the Insured has agreed, assumed, or taken subject, or which Is executed by an Insured agar Date of Polley and which Is a charge or Ilan on the Tltie, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When labiliy and the extent of loss or damage have been definitely Wed In accoi dance with these Conditions, the payment shall be made within 30 days. v 13. FRONTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, It shall be subrogated and entitled to the rights of the Insured Claimant In the TBe and all other fights and remedes In reaped to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. N requested by the Company, the Insured Claimant shall exect4a documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle In the name of the Insured Claimant and to use the name of the Insured Claimant In any trensadlon or litigation Involving thew, 001 SCO rights and remedies. If a payment on account of a dabs does not fully cover the loss of the Insured Claimant, the Company shell defer the exercise of Its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation Includes the rights of the Insured to indemnities, guaranties, other policies of insurance. or bonds, notwithstanding any tons or conditions contalned in those Instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided In the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may Include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with Its Issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to tills Polley. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance Is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to We pocky and untler the Rules shall be binding upon the partles. Judgment upon the award rendered by the Arbitrator(%) may be entered In any court of competent jurisdiction. 13. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, If any, attached to It by the Company Is the entire policy and contract between the Insured and the Company. In Interpreting any provision of this pokey, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly Incorporated by Schedule A of this policy. (d) Each endorsement to this policy Issued at any time Is made a part of this policy and Is subject to all of Its terms and provisions. Except as the endorsement expressly states, it does not (q modify any of the terms and provisions of the policy, (Ig modify any prior endorsement, (III) extend the Date of Polley, or (iv) Increase the Amount of Insurance. 16. SEVERABILMY In the avant any prevision of this policy. In whole or in part, is held Invalid or unenforceable under applicable law, the policy shall be deemed net to include that provision or such part held to be Invalid. but all other provisions shall remain In full force and eheeL 17. CHOICE OF LAW; FORUM (a) Choice of Lew: The Insured acknowledges the Company has underwritten the risks covered by this policy and dalemgned the premium charged therefore In reliance upon the law aNeding Interests In real property and applicable to time Interpretation, rights, remedies, or enforcement of poRcles of title Insurance of Me jurisdiction where the Land Is located. Therefore, the court or an arbitrator shall apply the law of time jurisdiction where the Land Is located to determine the validly of claims against the TRIe that are adverse to the Insured and to Interpret and enforce the lemur of this policy. In neither case shall the court a arbitrator apply Its conflicts of law principles to determine the applicable law. (c) Choke of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only In a state or federal court within the United States of America or Its territories having appropriate jurisdiction. 16. NOTICES, WHERE SENT Any notice of cisbn and any other nogce or statement in writing required to be given to the Company under this policy must be groan to the Company at Claims Department at P.O. Sox 2029, Houston, TX77262-2029. stela Vra6 l .areurvwawmMv Page 4 of 10 ALTA OWNER'S POLICY (6/17/06) SCHEDULE A Pile No.: 322920ProO Policy No.: 0-9301-(To Be Determined) *Address Reference: 5555 Bandini Boulevard, Los Angeles, California 90201 Amount of Insurance: $21,022,100.00 Premium: To be determined Date of Policy: (To Be Determined) 1. Name of Insured: Bandini XC, LLC, a Delaware limited liability company 2. The estate or interest in the land that is covered by this policy: A Fee as to Parcels 1 and 2, A Temporary Easement as to Parcel 3 3. Title is vested in: Bandini XC, LLC, a Delaware limited liability company = 4. The Land referred to in this policy is described as follows: The land referred to herein is situated in the State of California, County of Los Angeles City of Los Angeles, and described as follows: See Attached Legal Description File No.: 322920ProO � 0015CG---.w-prary Page 5 or 10 Exhibit A LEGAL DESCRIPTION File Number: 322920ProO Parcel 1: A parcel of land in the County of Los Angeles, State of California, including Lots 93 and 94 and portions of Lots 91, 92, 95, 106, 107, 108, 109 and 110, and that portion Camfield Avenue, adjoining said Lots 95 and 106 on the Northwest vacated by an order of the Board of Supervisors of said County, recorded in Book 10430 Page 32 Official Records of Los Angeles County, all in Rancho Laguna as shown on map filed as Exhibit "A" in Case No. B-25296 of the Superior Court of the State of California, Los Angeles County and also a portion of the Rancho San Antonio as per map recorded in Book I Page 389 of Patents, Records of said Los Angeles County, described as a whole as follows: Beginning at the Northeasterly corner of Said Lot 92; thence South 67e42'45" East along the Northerly lines of Lots 93, 94 and 95, a distance of 3236.9 feet to the Westerly line of Eastern Avenue, 100 feet in width, as described in Deed recorded in Book 10392 Page 169, Official Records of Los Angeles County; thence South 22117' 10" West along said Westerly street line 145.93 feet; thence continuing on said Westerly street line, Southerly on the arc of a tangent curve concave Easterly and having a radius of 2050 feet, a distance of 523.17 feet; thence still on laid Westerly street line, South 7°39'50" West 1254.95 feet to the Northerly line of the parcel of land described in'the Deed to the Central Manufacturing District, Inc. as recorded in Book 10605 Page 317, Official Records of said County; thence North 82°40'30" West along said last mentioned Northerly line 150.04 feet, more or less, to the beginning of a tangent curve concave Northerly and having a radius of 693.78; thence Northwesterly along said curve a distance of 181.18 feet to a point on the Northerly line of a strip of land 33 feet in width described as Parcel 2 in the Deed to the Central Manufacturing District, Inc., recorded in Book 7471 Page 45, Official Records of Los Angeles County; thence Westerly along said last mentioned Northerly line and its westerly prolongation 4765.03 feet, more or less to the Northwesterly line of the certain parcel of land described in Deed to the Central Manufacturing District, Inc., recorded in Book 8118 Page 72, Official Records of said County; thence South 63e42'50" West parallel with and 440.60 feet Southeasterly measured at right angles from the Southeasterly line of Atlantic Avenue as described in Book 864 Page 317 of Official Records of Los Angeles County, a distance of 198.72 feet; thence Southeasterly on the arc of a tangent curve concave Southeasterly and having a radius of 698.86 feet, a distance of 217 feet to the most Northerly corner of that strip of land described as Parcel 7 in Deed recorded in Book 19128 Page 133, Official Records of said Los Angeles County; thence South 45e55'24" West along the Northwesterly line of said last mentioned strip of land 126.36 feet; thence still on said last mentioned Northwesterly line, Southwesterly on the arc of a tangent curve concave Northwesterly and having a radius of 455.34 feet a distance of 341.43 feet to a point which is 60 feet Northeasterly measured at right angles from the Northeasterly line of that strip of land deeded to City of Los Angeles by deed recorded in Book 14788 Page 1, Official Records of said Los Angeles County; thence North 54e28'35" West parallel with said last mentioned Northeasterly line, to the Southeasterly line of Atlantic Avenue as described in Deed recorded in Book 864 Page 317 of Official Records; thence Northeasterly along the Southeasterly line of said Atlantic Avenue, as said Southeasterly line is defined by Deed recorded in Book 864 Page 317 and also widened by Deed recorded in Book 13900 Page 29 both of Official Records of Los Angeles County, to the Southerly line of that parcel of land described in Deed recorded in Book 2731 Page 146, Official Records of said Los Angeles County; thence South 67°42'45" East along said last mentioned Southerly line 523.92 feet to the Easterly line of the aforementioned Lot 92 of the Rancho Laguna; thence North 22016'40" East along said last mentioned Easterly line 200 feet to the point of beginning. Excepting therefrom all that portion conveyed to The Atchison, Topeka and Santa Fe Railway Company, File No.: 322920Pro0 . st8wal l 00I5Co—.ue.or Page 6 of Page 6 of 10 a Kansas Corporation by Deed recorded March 4, 1958 in Book D33 at Page 646 of Official Records Excepting therefrom all that portion lying Southeasterly of the Northwesterly boundary line of Lot 94 of said map Excepting therefrom all that portion lying Southwesterly of the Northeasterly line of Bandini Boulevard Excepting therefrom all that portion conveyed to Michael G. Alex and Mary S. Alex, his wife as joint tenants by Deed recorded April 19, 1983, as Instrument 83-430059 of Official Records Excepting therefrom all that portion conveyed to the City of Vernon, a municipal Corporation by Deed recorded December 30, 2002, as Instrument 02-3204897 of Official Records Parcel 2: All that portion of land conveyed by The Atchison, Topeka and Santa Fe Railway Company to the United States Postal Service by Deed recorded May 18, 1973, as Instrument 916 of Official Records Excepting from Parcels l and 2 all subsurface mineral rights as conveyed by the United States of America to Chanslor-Canfield Midway Oil Company, a California Corporation by Deed recorded August 9, 1946 in Book 23513 at Page 240 of Official Records Also excepting from Parcels I and 2 all that portion lying Easterly of the following described line: Beginning at a point on the Northeasterly line of Bandini Avenue, 100 feet in width, distant thereon North 69° 22' 13" West 159.85 feet from the Easterly line of said Lot 92, being the Southerly terminus of the course described as "North 24° 12' 10" West 94.80 feet" as described in deed recorded December 30, 2002, as Instrument No. 02-3204897 of Official Records of said County; thence South 69° 22' 13" East 973.19 feet, along the Northeasterly line of said Bandini Avenue to the point of beginning; thence North 210 59' 13" East 931.92 feet to a point in the Northeasterly line of that portion of land conveyed by the Atchison, Topeka and Santa Fe Railway Company to the United States Postal Service by deed recorded May 18, 1973, as Instrument 916 of Official Records, said point being South 68101' 18" East 813.11 feet from a point measured along said Northeasterly line from it's intersection with the Northeasterly prolongation of the Northwesterly line of said Lot 93. Parcel 3: A non-exclusive temporary access easement as contained in that certain "Temporary Access Agreement by and between and and recorded 2011 as Instrument No. over the following described property: Beginning at a point on the Northeasterly line of Bandini Avenue, 100 feet in width, being the Southerly terminus of the course described as "North 24° 12' 10" West 94.80 feet" as described in Deed recorded December 30, 2002, as Instrument No. 02-3204897 of Official Records of said County; thence South 69e 22' 13" East 973.19 feet, along the Northeasterly line of said Bandini Avenue to the true point of beginnin¢; thence North 21* 59' 13" East 496.58 feet to the beginning of a non -tangent curve concave Southwesterly having a radius of 135.31 feet, a radial from said beginning bears South 26' 0 P 32" West; thence Southeasterly along said curve through a central angle of 35145' 43" a distance of 84.46 feet; thence South 28' 12' 45" East 91.39 feet; thence South 61 ° 47' 15" West 85.15 feet to the beginning of a curve concave Southeasterly having a radius of 125.00 feet; thence Southerly along said curve through a central angle of 391 57' 18" a distance of 87.17 feet; thence South 210 49' 57" West 207.98 feet to the File No.: 322920ProO Stewart Page 7 of 10 beginning of a curve concave Northeasterly having a radius of 46.00 feet; thence Southeasterly along said curve through a central angle of 89° 47' 46" a distance of 72.09 feet; thence South 22° 02' 11" West 6.38 feet to a point on the Northeasterly line of said Sandini Avenue; thence North 670 57' 49" West 62.97 feet to an angle point therein; thence North 69' 22' 13" West 47.39 feet to the true point of beginning. APN: 6332-002-932; APN; Portion of 6332-002-933 APN: 6332-002-940 Pile No.: 322920Pro0 slrt 0015C0 ..__..w.w.v+vaa.w•. Page 8 of 10 ALTA OWNER'S POLICY (6/17/06) SCHEDULE B File No.: 322920ProO Policy No: 0-9301 (To Be Determined) EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: A. Property taxes, which area lien not yet due and payable, including any assessments collected with taxes, to be levied for the fiscal year 2011 — 2012. B. The lien of supplemental taxes, if any, occurring on or after the date of this policy resulting from the transfer of the land to the insured or construction commenced by the insured assessed pursuant to the provisions of Chapter 3.5 (commencing with Secdion 75) of the Revenue and Taxation Code of the State of California. 1. Intentionally deleted. 2. An easement for storm drain and rights incidental thereto in favor of Los Angeles County Flood = Control District as set forth in a document recorded December 7, 1977, as Instrument 77-1346888 of Official Records. Affects Parcel 2 3. An easement for utilities and rights incidental thereto in favor of Southern California Edison Company as set forth in a document recorded March 14, 1980, as Instrument 80-258976 of Official Records. Affects Parcel 2 4. An easement for utilities and rights incidental thereto in favor of Southern California Edison Company as set forth in a document recorded October 27, 1981, as Instrument 81-1059488 of Official Records. Affects Parcel 3 5. Terms and conditions as contained in that certain "rempolary Easement Agreement" executed by and between and recorded 2011 as Instrument No. 6. Any rights, easements, interests or claims, which may exist by reason of or reflected by the following facts shown on the survey dated April 7, 2011, last revised April 12, 2011 by Cornwell & Associates, Inc., Job No. 251-17. (a) The fact that grate inlets, manholes, concrete gutters, power poles, transformer pads and enclosures, post indicator valves, catch basins, fire hydrants, and water valves are located on said land. (b) The fact that there is a chain link fence within the easement areas shown herein as Item 3. File No.; 322920ProO stewa`'°t 0015co---•uwa.Mnm+w.r Page 9 of 10 (c) the fact that there is a truck scale within the easement area shown herein as Item 2. Deed of Trust, Assignment of Leases and Rents and Security Agreement (Including Fixture Filing) to secure an indebtedness in the amount shown below, and any other obligations secured thereby: Amount: $15,000,000.00 Dated: Trustor: Bandini XC, LLC, a Delaware limited liability company Trustee: Beneficiary: California Bank & Trust, a California banking corporation Recorded: 2011, as Instrument No. 2011-. Official Records Loan No.: This is a `Pro Forma policy', along with the endorsements, if any, attached thereto. It is not a policy of title insurance an4 does not reflect the present condition of title. No liability is assumed hereby. This Pro Forma policy is furnished to the proposed insured only. This Pro Forma policy indicates only the kind of coverage the Company would expect to issue if all necessary documentation is famished and all acts performed to the satisfaction of the Company for a title insurance product to be issued in this form. In addition to all matters set forth in Schedule B above, the title policy will except from coverage: Any existing defects, liens, encumbrances or other matters notireleased or otherwise eliminated to the satisfaction of the Company. Any defects, liens, encumbrances or other matters which arise, occur or are disclosed to the Company between the date of the preparation of this Pro Forma and issuance of any policy of title insurance. This Pro Forma policy is for information only and is not a commitment to insure or statement of the condition of title, and no liability is assumed hereby. File No.: 322920PmO Stewart WSW - Page 10 of 10 ALTA Form 9.2-06 Restrictions, Encroachments, Minerals -Owner's Policy Improved Land ENDORSEMENT ATTACHED TO POLICY No. PROFORMA ISSUED BY �sttitle arantywcompany rt HEREIN CALLED THE COMPANY Order No.: 7931-322920ProO Fee: To be determined Endorsement Number: E-9936-Proforma Covenants, Conditions, or Restrictions. The Company insures against loss or damage sustained by the Insured by reason of the existence, at Date of Policy, of. Any present violations on the Land of any enforceable covenants, conditions, or restrictions unless the exceptions in Schedule-B of the policy identify the document or instrument containing the covenants, conditions, or restrictions, and, in addition, specifically Identify the violations; Any existing improvements on the Land that violate any building setback lines shown on a plat of subdivision recorded or filed in the Public Records, or after Date of Policy, any final court order or judgment that denies the right to maintain any existing improvement on the Land because of a violation of covenants, conditions, or restrictions, or building setback lines shown on a plat of subdivision recorded or filed in the Public Records unless the exceptions in Schedule B of the policy identify the plat, document or instrument and, in addition, specifically identify the violations; Any instrument affecting the Title that contains covenants, conditions, or restrictions on the Land that, in addition: establishes an easement on the Land, provides for an option to purchase, a right of first refusal, or the prior approval of a future purchaser or occupant, or provides a right of reentry, possibility of reverter, or right of forfeiture because of violations on the Land of any enforceable covenants, conditions, or restrictions, unless the exceptions in Schedule B of the policy Identify the document or instrument containing the covenants, conditions, or restrictions, and, in addition, state that the document or instrument includes the provision that establishes (1) the easement on the Land, (2) the option to purchase, right of first refusal, or the prior approval of a future purchaser or occupant or (3) the right of reentry, possibility of reverter, or right of forfeiture, that caused the loss; or Any notice in the Public Records of a violation of covenants, conditions, or restrictions relating to environmental protection recorded or filed in the Public Records unless the exceptions in Schedule B of the policy identify the document or instrument containing the covenants, conditions, or restrictions, and, in addition, specifically identify the notice of the violation of the covenants, conditions, or restrictions relating to environmental protection that caused the loss. This endorsement does not insure against loss or damage (and the Company will not pay costs, attorneys' fees, or expenses) resulting from: any covenants, conditions, restrictions or limitations contained in an instrument creating a lease; any covenants, conditions, or restrictions relating to obligations of any type to perform maintenance, repair, or remediation on the Land; or except as used in Paragraph 1.a.iv., any covenants, conditions, or restrictions pertaining to environmental protection of any kind or nature, including hazardous or toxic matters, conditions, or substances. Encroachments and Minerals and Other Subsurface Substances. The Company insures against loss or damage sustained by the Insured by reason of: Any encroachment of existing improvements located on the Land: ALTA Form 9.2-06 Restrictions, Encroachments, Minerals -Owner's Policy Improved Land onto adjoining land, or any encroachment onto the Land of existing improvements located on adjoining land; or onto that portion of the Land subject to any easement excepted in Schedule B, unless the exceptions in Schedule B of the policy specifically identify the encroachment. Any final court order or judgment requiring the removal from any land adjoining the Land of any encroachment, other than fences, landscaping, or driveways, excepted in Schedule B. Damage to existing buildings: That are located on or encroach upon that portion of the Land subject to any easement excepted in Schedule B, which damage results from the exercise of the right to maintain the easement for the purpose for which It was granted or reserved; Resulting from the future exercise of any right existing at Date of Policy to use the surface of the Land for the extraction or development of minerals or any other subsurface substances excepted from the description of the Land or excepted in Schedule B. This endorsement does not insure against loss or damage (and the Company will not pay costs, attorneys' fees, or expenses) resulting from contamination, explosion, fire or subsidence. This endorsement Is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (Iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated: To Be Determined In witness whereof, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Countersigned by: ��rny floe guaranty company Authorized Countersignature STEWART TITLE OF CALIFORNIA, INC. Senior Chairman of & Board Chairman of Me 8oerd ALTA Form 9.2-06 Restrictions, Encroachments, Minerals -Owner's Policy Improved Lard CLTA Form 110.1 Deletion of Item From Policy ENDORSEMENT ATTACHED TO POLICY NO. PROFORMA ISSUED By 1stewart. title guaranty company HEREIN CALLED THE COMPANY Order No.: 7931-322920ProO Endorsement Number: E-9936-Proforma , Fee: To be determined Section 14 of the Conditions and Stipulations, relating to arbitration, is hereby deleted in its entirety. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated: To Be Determined In witness whereof, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Countersigned by: Authorized Countersignature STEWART TITLE OF CALIFORNIA, INC. �GYYa too guaranty Company 0 Senior Chairman of t e Board Chairman of the eoartl CLTA Form 110.1 Deletion of Item From Policy CLTA Form 116.7-06 Subdivision Map'Act Compliance ENDORSEMENT ATTACHED TO POLICY No. PROFORMA ISSUED BY �stewart title guaranty company HEREIN CALLED THE COMPANY Order No.: 7931-322920ProO Endorsement Number: E-9936-Proforma Fee: To be determined The Company insures against loss or damage sustained by reason of the failure of the Land described Schedule A to constitute a lawfully created parcel according to the Subdivision Map Act (Section 66410, at seq., of the California Government Code) and local ordinances adopted pursuant thereto. This endorsement is Issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (III) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated: To Be Determined In witness whereof, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Countersigned by: M Authorized Countersignature STEWART TITLE OF CALIFORNIA, INC. ��7tL�iYYGN L Senior Chairman oft eBoard tWe guaranty company - •fin •. Chairmen of the Boerd President CLTA Form 116.7-06 Subdivision Map Act Compliance CLTA Form 116.7-06 Subdivision Map Act Compliance CLTA Form 123.2-06 Zoning -Completed Structure ENDORSEMENT ATTACHED TO POLICY No. PROFORMA ISSUED BY qWqrtftpany HEREIN CALLED THE COMPANY Order No.: 7931.322920ProO Fee: To be determined Endorsement Number: E-9936-Profonna 1. The Company insures against loss or damage sustained by the Insured in the event that, at Date of Policy, a. according to applicable zoning ordinances and amendments, the Land is not classified Zone General Industrial in Vernon, California and Transitional Manufacturing in Belt, California; b. the following use or uses are not allowed under that classification: Commercial and Industrial C. There shall be no liability under paragraph 1.b. if the use or uses are not allowed as the result of any lack of compliance with any conditions, restrictions, or requirements contained In the zoning ordinances and amendments, including but not limited to the failure to secure necessary consents or authorizations as a prerequisite to the use or uses. This. paragraph 1.c. does not modify or limit the coverage provided in Covered Risk 5. 2. The Company further insures against loss or damage sustained by the Insured by reason of a final decree of a court of competent jurisdiction either prohibiting the use of the Land, with any existing structure, as specified in paragraph 1.b. or requiring the removal or alteration of the structure, because, at Date of Policy, the zoning ordinances and amendments have been violated with respect to any of the following matters: Area, width, or depth of the Land as a building site for the structure Floor space area of the structure Setback of the structure from the property lines of the Land. Height of the structure, or e. Number of parking spaces. 3. There shall be no liability under this endorsement based on: a. the invalidity of the zoning ordinances and amendments until after a final decree of a court of competent jurisdiction adjudicating the invalidity, the effect of which is to prohibit the use or uses; b. the refusal of any person to purchase, lease or lend money on the Title covered by this policy. CLTA Form 123.2-06 Zoning -Completed Structure This endorsement is issued as part of the policy. Except as it expressly states, it does not (1) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated: To Be Determined In witness whereof, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Countersigned by: W Authorized Countersignature STEWART TITLE OF CALIFORNIA, INC. title guaranty company Senior Chairman of tiie Board Cheirman of the Board CLTA Form 123.2-06 Zoning -Completed Structure 7 er COMMUNITY SERVICES & WATER DEPARTMENT Samuel Kevin Wilson, Director of Community Services & Water 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 Fax (323) 826-1435 September 5, 2013 Larry Cochran First Industrial LP 898 N Sepulveda Blvd Ste 750 El Segundo, CA 90245 SUBJECT: 5553 Bandini Blvd. — License & Mainenance Agreement - Recordation Request Dear Mr. Cochran: Blvd. The City of Vernon has signed the License & Maintenance Agreement for 5553 Bandini The attached original License & Maintenance Agreement shall be recorded by September 9, 2013 and copies of the recorded documents shall be provided to the City of Vernon within one week of recordation. The County Recorder's Office will immediately provide a stamped copy if an original is presented in person to record the documents. If you have any questions, please contact Yesenia Ramirez of my staff at (323) 583-8811 extension 259. SKW/yr Attachments CC: Debbie Juarez, City Clerk Sincerely,_ amuel evin it on, P.E. Director of C . unity Services & Water EXc(usive(y Industria( RESOLUTION NO. 2013-89 A RESOLUTION OF THE CITY COUNCIL OF.THE CITY OF VERNON AMENDING RESOLUTION 2012-66 BY DELETING SUBSECTION F FROM SECTION 4 TO REMOVE A CONDITION OF APPROVAL FOR TENTATIVE PARCEL MAP NO. 71920 FOR BANDINI XC, LLC, LOCATED AT 5553 BANDINI BOULEVARD WHEREAS, on May 15, 2012,,the City.Council approved Resolution No. 2012-66 approving Tentative Parcel Map No. 71920 to Bandini XC, LLC ("Bandini") to subdivide property located at 5553 Bandini-Boulevard (the "Project"); and WHEREAS;the project entailed the development of a 536,400 square foot warehouse, manufacturing, and office building and associated parking on a 21.26 acre site; and WHEREAS, the new building would be sited in the City of Bell, with a small portion (the.western-mos:t portion) of the site situated within the City of Vernon, consisting primarily of parking; and WHEREAS, Bandini is requesting that the condition set forth in Subsection F of Section 4 of Resolution No 2012-66 be removed: "(f) Bandini XC shall have fire hydrants placed every 300-feet along the eastside of Pennington Way and the north side -of Bandini Boulevard frontage in the City of Vernon"; and WHEREAS, the City of Bell, already imposed the following condition on the project, and that condition has been satisfied: Fire hydrant spacing shall be 300 feet and shall meet the following requirements: a) No portion of lot frontage shall be more than 200 feet via vehicular access from a public fire hydrant. , b) No portion of a building shall exceed 400 feet via vehicular access from a properly spaced public fire hydrant. 100813247 c) Additional hydrants will be required if hydrant spacing exceeds specified distances. d) When cul-de-sac depth exceeds 200 feet on a commercial street, hydrants shall be required at the corner and mid -block. e).A cul-de-sac shall not be more than 560 feet in length, when serving land zoned for commercial use." WHEREAS, onsite private fire hydrants were installed around the building to provide additional fire protection; and WHEREAS, requiring compliance with the conditions set forth in Subsection F would be unnecessarily duplicative of the conditions already imposed by Bell, and already satisfied by Bandini and WHEREAS, the purposes of the City of Vernon's original condition set forth in Subsection F have been satisfied; and WHEREAS, Section 28.31 of the Vernon Code states that the City Council may approve, conditionally approve, or disapprove a tentative map, subject to any or all of the conditions recommended by the City engineer, or subject to other conditions which the City Council deems proper; and WHEREAS, the City Council may impose conditions on the tentative map or may find and determine that any of the foregoing provisions of this article should be modified or omitted; and WHEREAS, the Modified Tentative Parcel Map conforms to the requirements of the City subdivision ordinance and the Subdivision Map Act; and WHEREAS, City staff has determined that the Modified Tentative Parcel Map is in substantial compliance with the previously approved tentative parcel map and that all conditions of approval related to filing of a Parcel Map have been satisfied; and - 2 - 100813247 WHEREAS, the City Council has received a Staff Report, dated October 15, 2013, upon which ,it has relied in making the foregoing recitals. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF.'VERNON AS.FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 2: The City Council of the City of Vernon hereby finds that the Tentative Parcel Map is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15315, Class 15 "Minor land division of industrial property into four or fewer parcels", of the CEQA guidelines, and pursuant to CEQA Guidelines section 15061(b)(3), the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment because removing a requirement to install a limited number of fire, hydrants cannot cause a significant impact on the environment where there is already more than sufficient fire suppression support available. SECTION 3: The City Council of the City of. Vernon hereby amends Resolution 2012-66, by deleting Subsection F of Section A_of that Resolution. 3 - 100813247. SECTION 4: The Interim City Clerk:/,Deputy 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 15th day of October, 2013. Name: TN. Michael McCormick Title: Mayor /•3Fex—Rr ATTEST-)..1 � .I �n91 _STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) . Dana Reed I, , Interim City Clerk the City of Vernon, do hereby certify that the.foregoing Resolution, being Resolution No. 2013-89, 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, October 15, 2013, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this -L day of October, 2013, at Vernon, California. - 5 - 100813247 CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: October 22, 2013 TO: S. Kevin Wilson, Director of Community Services & Water FROM: Deborah Juarez, Records Management Assistant) RE: Resolution No. 2013-89 —A Resolution of the Ci Council of the City of Vernon tY Y Amending Resolution 2012-66 by Deleting Subsection F from Section 4 to Remove a Condition of Approval for Tentative Parcel Map No. 71920 for Bandini XC, LLC, Located at 5553 Bandini Boulevard Transmitted herewith is a copy of Resolution No. 2013-89 referenced above, which was approved by City Council on October 15, 2013. Thank you. Attachment c: Sergio Canales Resolution No. 2012-66, 2013-89 RECEIVE® OCT 0 9 2013 CITY CLERK'S OFFICE STAFF REPORT OCT 0 9 2013 CITY ADMINISTRATION COMMUNITY SERVICES & WATER DEPARTMENT DATE: October 15, 2013 TO: Honorable Mayor and City Council 6.J40 FROM: Samuel Kevin Wilson, Director of Community Services & Water RE: Amend Resolution 2012-66 by deleting subsection F from section 4 to remove a condition of approval for Tentative Parcel Map No. 71920 for Bandini XC, LLC, located at 5553 Bandini Boulevard RECOMMENDATION It is recommended that the City Council: 1) Find that approval of the Tentative Parcel Map Modification proposed in this staff report is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15315, Class 15 "Minor land division of industrial property into four or fewer parcels", of the CEQA Guidelines and Section 15061(b)(3), the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment because removing a requirement to install of a limited number of fire hydrants cannot cause a significant impact on the environment where there is already more than sufficient fire suppression support available. 2) Adopt the attached resolution deleting the condition of approval set forth in Subsection F of Section 4 of Resolution No. 2012-66. This will allow Bandini XC, LLC to still subdivide property located at 5553 Bandini Boulevard in conformance with the City's subdivision ordinance and Subdivision Map Act, but to remove an otherwise duplicative condition of approval which requires fire hydrants to be placed in specified locations. BACKGROUND On May 15, 2012, the City Council approved Resolution No. 2012-66 approving, with conditions, Tentative Parcel Map No. 71920 for Bandini XC, LLC, to subdivide property located at 5553 Bandini Boulevard in conformance with the City's subdivision ordinance and the Subdivision Map Act. The project entailed the development of a 536,400 square foot warehouse, manufacturing, and office building and associated parking on a 21.26 acre site. The new building is to be sited in the City of Bell, with a small portion (the western -most portion) of the site situated within the City of Vernon, consisting primarily of parking. Bandini XC, LLC is requesting the deletion of the condition of approval set forth in Subsection F of the Tentative Parcel Map that was issued on May 15, 2012 pursuant to Resolution No. 2012-66, which states: "f.) Bandini XC shall have fire hydrants placed every 300-feet along the eastside of Pennington Way and the north side of Bandini Boulevard frontage in the City of Vernon." Staff recommends the deletion because the purposes of subsection F have been already satisfied because the applicant has already constructed the following conditions established by the City of Bell in its approval of its own subdivision map: "8. Fire hydrant spacing shall be 300 feet and shall meet the following requirements: a) No portion of lot frontage shall be more than 200 feet via vehicular access from a public fire hydrant. b) No portion of a building shall exceed 400 feet via vehicular access from a properly spaced public fire hydrant. c) Additional hydrants will be required if hydrant spacing exceeds specified distances. d) When cul-de-sac depth exceeds 200 feet on a commercial street, hydrants shall be required at the corner and mid -block. e) A cul-de-sac shall not be more than 500 feet in length, when serving land zoned for commercial use." Both the Community Services and Fire Department staff believe that the condition set forth in Subsection F of the tentative parcel map can be removed and still protect the health and safety of the community because the Applicant has complied with the City of Bell's condition of approval and because onsite private fire hydrants were installed around the building. Section 28.31 of the Vernon Code states that the City Council may approve, conditionally approve, or disapprove a tentative map, subject to any or all of the conditions recommended by the City engineer, or subject to other conditions which the City Council deems proper. The City Council may impose conditions on the tentative map or may find and determine that any of the foregoing provisions of this article should be modified or omitted. FISCAL IMPACT Approving the Tentative Parcel Map will not cause any fiscal impact to the City. City of Vernon NOTICE OF PUBLIC HEARING The City of Vernon will conduct a Public Hearing, which you may attend. PLACE: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 4305 Santa Fe Avenue Vernon, CA 90058 (323)583-8811 DATE & Tuesday, October 15, 2013 at 9:00 a.m. TIME: (or as soon thereafter as the matter can be heard) APPLICANT: Bandini XC, LLC — Modified Tentative Parcel Map No. 71920 REQUEST: Bandini XC, LLC is requesting a modification to condition of approval "f' of the Tentative Parcel Map that was issued on May 15, 2012 pursuant to Resolution No. 2012-66, which required Bandini XC to: "have fire hydrants placed every 300-feet along the eastside of Pennington Way and the north side of Bandini Boulevard frontage in the City of Vernon." PROPERTY 5553 Bandini Boulevard, Vernon, CA 90058 INVOLVED: REVIEW OF: The application, maps, and supporting information are available for public THE FILE: review during normal business hours in the Vernon Community Services & Water Department, located at 4305 Santa Fe Avenue, Vernon, CA 90058, between 7:15 a.m. and 5:15 p.m. Monday through Thursday. PROPOSED Staff plans to recommend that the Vernon City Council determine that CEQA the proposal will not have a significant effect on the environment and is FINDING: exempt from the California Environmental Quality Act (CEQA). The conditions imposed on the tentative parcel map are designed to protect the environment, public health, safety and general welfare. If you challenge the granting of the tentative parcel map modification or any provisions thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. The hearing may be continued or adjou or c celled and resc duled to a stated time and place without further notice of a public he 'ng. a0i Dated: �� D eed, Interim City lerk AFFIDAVIT OF MAILING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF VERNON ) I, SERGIO CANALES, Planning Assistant of the City of Vernon, do hereby certify that on Wednesday, October 2, 2013, mailed a copy of Notice of Public Hearing to be held on October 15, 2013, regarding a tentative parcel map modification for Bandini XC, LLC located at 5553 Bandini Boulevard, to the interested parties and agencies on the attached list, by United States Mail with postage. Date: 'n 2 State of California ) ) ss County of Los Angeles ) Sergio eanales, Planning Assistant On Ct'I b r '� 11120(3 before me, Gp , notary public, personally appeared Sergio Canales who proved to me on Q 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# /tkeir authorized capacity(ies), and that by his,%er/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. MARISOL TRUJILLO. Commission # 1918415 WITNESS my hand and official seal. _ Notary Public - California "�" • Los Angeles County x. My Comm. Expires Dee 23,.2014+ City of Vernon NOTICE OF PUBLIC HEARING The City of Vernon will conduct a Public Hearing, which you may attend. PLACE: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 4305 Santa Fe Avenue Vernon, CA 90058 (323)583-8811 DATE & Tuesday, October 15, 2013 at 9:00 a.m. TIME: (or as soon thereafter as the matter can be heard) APPLICANT: Bandini XC, LLC — Modified Tentative Parcel Map No. 71920 REQUEST: Bandini XC, LLC is requesting a modification to condition of approval ' P' of the Tentative Parcel Map that was issued on May 15, 2012 pursuant to Resolution No. 2012-66, which required Bandini XC to: "have fire hydrants placed every 300-feet along the eastside of Pennington Way and the north side of Bandini Boulevard frontage in the City of Vernon." PROPERTY 5553 Bandini Boulevard, Vernon, CA 90058 INVOLVED: REVIEW OF: The application, maps, and supporting information are available for public THE FILE: review during normal business hours in the Vernon Community Services & Water Department, located at 4305 Santa Fe Avenue, Vernon, CA 90058, between 7:15 a.m. and 5:15 p.m. Monday through Thursday. PROPOSED Staff plans to recommend that the Vernon City Council determine that CEQA the proposal will not have a significant effect on the environment and is FINDING: exempt from the California Environmental Quality Act (CEQA). The conditions imposed on the tentative parcel map are designed to protect the environment, public health, safety and general welfare. If you challenge the granting of the tentative parcel map modification or any provisions thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. The hearing may be continued or adjo or c celled and rescheduled to a stated time and place without further notice of a public he 'ng. aoj Dated: �� D eed, Interim City lerk Use AvegO Tern late 51600 1' Feed Paper --w— expose Pop-up Edge*" City of Huntington Park Lucille Roybal-Allard John Kinas Planning Department Congresswoman United States Aluminum 6550 Miles Avenue 500 Citadel Drive, Ste 320 3663 Bandini Boulevard Huntington Park, CA 90255 Commerce, CA 90040 Vernon, CA 90023 L.A. County Board of Supervisors Director of Planning Gloria Molina Ms. Gutierrez James Hertl —Room 1390 Board of Supervisors 924 S. Mott Street 320 W. Temple Street 500 W. Temple St., Ste 856 Los Angeles, CA 90023 Los Angeles, CA 90012 Los Angeles, CA 90012 South Coast Air Quality Mgmt City of Long Beach James H. Hillands District (AQMD) Office of the City Mana er Heger Realty Corp. 21865 E. Copley Drive 333 W. Ocean Blvd., 13� floor 5657 E. Washington Blvd. Diamond Bar, CA 91765 Long Beach, CA 90802 Los Angeles, CA 90040 Brian Scanlon E.J. Contreras Joseph R. Gamtba L.A. County Public Works Mapping & Property Mgmt. Owens -Brockway CaliforniaalifPortland Cement Co. 900 S. Fremont Avenue, 10'h Floor 2901 Fruitland Avenue 2025 E. Financial Way Alhambra, CA 91803 Vernon, CA 90058 Glendora, CA 91740 City of Commerce CalifJ.J. Little Planning Department 3316 West ia Water Service Comp. J.J. Little Company, Inc. Mon W 2535 Commerce Way t Beverly Boulevard 9945 Malgar Drive Commerce, CA 90040 Montebello, CA 90640 Whittier, CA 90603 City of Bell Marisa Olguin L.R. Luppen Planning Department Chamber of Commerce Metal Products Engineering 6330 Pine Street 3801 Santa Fe Avenue 3050 Leonis Boulevard Bell, CA 90201 Vernon, CA 90058 Vernon, CA 90058 City of Cudahy State Clearinghouse Ellen Orlando Box 3044Planning Department P.O. Kazan Lehrer 5220 Santa Ana Street Sacramento, CA 95812-3044 2300 E. 11'" Street Cudahy, CA 90201 Los Angeles, CA 90021 L.A. County Sanitation District L.A. County Flood Control District Maywood Mutual Water Co. 3 P.O. Box 4998 m Whittier, CA 90607 900 S. Fremont Avenue, 8 Floor 6151 Heliotrope Avenue Alhambra, CA 91803 Maywood, CA 90270 City of Maywood L.A. Unified School District So. Cal Edison Planning Department Office of Environmental Health &Safety 333 South Ave., 20 Floor 1924 Cashdan Street 4319 Slauson Avenue Los Angeles, s, CA 90017 Compton, CA 90220 Maywood, CA 90270 Attention: Glenn Striegler Glenn Attn: Mike Frazier Suk Chou City of Los Angeles County of Los Angeles Dave Karrker Planning Department Department of Public Works California Water Service 200 North Spring St. Land Development Division 5243 E. Sheila Street Los Angeles, CA 90012 P.O. Box 1460 Commerce, CA 90022 Alhambra, CA 91802-1460 Wquems faclles 0 peler ' Repliez 6 la hachure afln de www avert' com Utlllsez le gabarit AVERY® 51600 Sens de Se d j thent reveler le rebord Pop-UpTM j 1-800-GO-AVERY 1 Use AVery®Tettialate 41600 j Feed Paper � expose Po"p Edge*^' i "_ `•` • v " "'- 1 Reynan L. Ledesma Department of Water & Power L.A. 1 I 1 N. Hope Street Los Angeles, CA 90012 Burlington Northern Santa Fe Railroad 3770 E. Washington Blvd. Los Angeles, CA 90023 Attn: Dick Ebel Pacific Industrial 6272 E. Pacific Coast Hwy., Ste. E Long Beach, CA 90803 Attn: John Grace AT&T 100 W. Alondra Blvd., Rm 202A Gardena, CA 90248 Attn: Leslie Donaldson L.A. Junction Railroad 4433 Exchange Avenue Vernon, CA 90058 Attn: Marion Alexander Joe Perez Director of Community Development City of Bell 6330 Pine Avenue Bell, CA 90201 The Gas Company (So. Cal Gas Co.) P.O. Box 3150 San Dimas, CA 91773 First Industrial, LP 898 N. Sepulveda Blvd., Ste. 750 El Segundo, CA 90245 Attn: Larry Cochran INquettes fadias A peler ; A Repflea 6le hachure afln de ; wwwAm mm Utilises le gabarit AVERY® 51600 chS Bement r6v6ler le rebord Pop-upi° j 1-800-GO-AVERY From: Bianca - Eastern Group [mailto:advertise@egpnews.com] Sent: Wednesday, October 02, 2013 4:41 PM To: Canales, Sergio Cc: Muro, Eva; Porter, Scott Subject: Re: Publication of Notice of Public Hearing for Bandini XC, LLC - Tentative Parcel Map Hi Sergio, CONFIRMING RECEIPT. Tentative Parcel Map - Confirming receipt. Cost: $237.50 The size is 2 col. x 4.75" totaling 9.5 column inches (ci). At $25.00 per ci, the total is $237.50 per date. Thank you, Bianca Sanchez, Office Manager for Jonathan Sanchez, Associate Publisher Eastern Group Publications, Inc. 111 S. Avenue 59, Los Angeles, CA 90042-4211 323-341-7970 / Fax 323-341-7976 ##PACIFIC' September 18, 2013 Mr. Samuel Kevin Wilson, Director of Community Services and Water City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 t SEP 2 3 2013 OOMM Y 8ervloes Re: Request to Remove Condition #6, Parcel Man 71920, 5553 Bandini Boulevard Mr. Wilson: I am writing to request the removal of Condition of Approval #6 to Tentative Parcel Map 71920 which was approved by the City of Vernon on May 12, 2012. The current condition reads: 6. The applicant shall have fire hydrants placed every 300-feet along the eastside of Pennington Way and the north side of Bandini Boulevard frontage in the City of Vernon. We are requesting removal of the condition based on the fact that we believe the spirit of the requirement has been satisfied through the compliance with an identical condition applied to the project by the Los Angeles County Fire Department. For your reference, I have attached Condition #8 for the County of LA Fire Department pertinent to hydrant spacing. As referenced in the footing, this was attached as part of City of Bell Resolution 2012-44-PC which approved the Tentative Parcel Map. Because we had a duplicate, identical condition on the map (Vernon and the LA County FD), requiring hydrants every 300 feet along a frontage to the property, we relied upon the County Fire Department plancheck and field inspection to ensure that the condition was effectively satisfied. On a project of this type, hydrant placement is ultimately a subjective call by the Fire Department servicing the site depending upon accessibility, proximity to the building, and ease of use for their apparatus. That said, the LACFD staff responsible for ascertaining fire protection requirements for the site may have selectively moved hydrant placement closer or further to the building or at differing intervals along the street frontage based on strategic considerations as to how they would fight a fire. The end result is a hydrant placement that may not result in intervals of precisely 300 feet along a given frontage, but which, nevertheless, provides the optimal strategic location of hydrants and water service as determined by the Fire Department. That state of affairs notwithstanding, I understand that it is a legal and logistical matter that the condition must be removed from the prior approval (if it has not been precisely applied or satisfied) in order to proceed with the recordation of the map. That is the reason for my request. 6272 E. Pacific Coast Hwy, Suite E, Long Beach, CA 90803 W WW.PAC-INDUSTRIA(..COM Page 2 Thank you for your attention to this matter and I would be glad to provide any additional background that you may require. Sincerely, o n Grace I Director of Development PACIFIC INDUSTRIAL Attachment Nancy Fong, interim Director April 23, 2012 Page 3 8. Fire hydrant spacing shall be 300 feet and shall meet the Mowing requirements: a) No portion of lot frontage shall be more than 200 feet via vehicular access from a pk fire hydrant. b) No portion of a building shall exceed 400 feel via vehicular access from a properly e public fire hydrant. c) Additional hydrants will be required If hydrant spacing exceeds specified distances. d) When cul-de-sac depth exceeds 200 feet on a commercial street, hydrants shall be required at the comer and mid block. e) A cul-de-sac shall not be more than 500 feet in length, when serving land zoned for commercial use.. 9. Turning radii shall not be less than 32 feet. This measurement shall be determined at the centerline of the road. A Fire Department approved turning area shall be provided for ail driveways exceeding 150 feet In -length and at the end of all cul-de-sacs. 10. All on -site driveways/roadways shall provide a minimum unobstructed width of 28 feet, Cie to -sky. The on -site driveway is to be within 150 feet of all portions of the exterior walls of first story 'of any building. The centerline of the access driveway shall be located parallel I and within 30 feet of an exterior wall on one side of the proposed structure. 11. Driveway width for non-residential developments shall be increased when arty of the folk), conditions will exist: a) Provide 34 feet in -width, when parallel parking Is allowed on one side of the access roadway/driveway. Preference is that such parking is not adjacent to the structure. b) Provide 42 feet inswidth, when! parallel parking is allowed on each side of the access roadway/driveway. c) Any access way less than 34 feet in -width shall be labeled "FIRE LANE" on the final recording map and final building plans. d) For streets or driveways with .parking restrictions: The entrance to the atreewdriveway intermittent spacing distances of 150 feet shall be posted with Fire Department approc signs stating "NO PARKING - FIRE LANE" in three -Inch high letters. Driveway labeiin necessary to ensure access for Fire Department use. 12. All access devices and gates shall meet the following requirements: a) Any single gated opening used for ingress and egress shall be a minimum of 26 feet ii width, clear -to -sky. b) Any divided gate opening (when each gate is used for a single direction of travel Le., S. ingress or egress) shall be a minimum width of 20 feet clear-to-skv. Resolution No. 2012 — 44-PC Page 23 May 16, 2612 CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: December 3, 2013 TO: S. Kevin Wilson, Director of Community Services & Water FROM: Deborah Juarez, Records Management Assistant t RE: City Council of the City of Vernon Approving Final Parcel Map No. 71920 for Bandini XC, LLC Located at 5553 Bandini Boulevard and Request for Recordation of Documents The above -referenced Final Parcel Map No. 71920 has been approved by City Council minute order on December 3, 2013, and is ready for recordation of the original documents. Please ensure that after recordation that a copy is sent to the City Clerk's office Thank you. c: Sergio Canales Resolution No. 2012-66 Parcel Map No. 71920 NOV 2 7 2013 CITY CLERK'S OFFlCE G' *p?�"Ikeev '--?/.�/_3 RECI VED STAFF REPORT NOV 2 6 2013 CITY ADMINISTRATION M wIK� COMMUNITY SERVICES & WATER DEPARTMENT DATE: December 3, 2013 TO: Honorable Mayor andUiy Council FROM: Samuel Kevin Wilson, Director of Community Services & Water RE: Approval of Final Parcel Map No. 71920 for. Bandini XC, LLC located at 5553 Bandini Boulevard It is recommended that the City Council: 1) Find that approval of the Final Parcel Map proposed in this staff report is categorically exempt from the California Environmental Quality Act (CEQA), Statuary Exemptions, Section 15268, (b) (3) Ministerial Projects, approval of final parcel maps. 2) Approve for recordation the attached Final Parcel Map No 71920 for Bandini XC, LLC located at 5553 Bandini Boulevard. BACKGROUND/ANALYSIS On May 15, 2012, the City Council approved Resolution No. 2012-66 (attached herewith) approving, with conditions, Tentative Parcel Map No. 71920 for Bandini XC, LLC; to subdivide property located at 5553 Bandini Boulevard in conformance with the City's subdivision ordinance and the Subdivision Map Act. The project entailed the development of a 536,400 square foot warehouse, manufacturing, and office building and associated parking on a 21.26 acre site. The new building is to be sited in the City of Bell, with a small portion (the western -most portion) of the site situated within the City of Vernon,. consisting primarily of parking. On October 15, 2013, City Council approved an amendment to the Tentative Parcel Map deleting condition F contained in Section 4, of Resolution No. 2012-66. Bandini XC, LLC has completely satisfied the requirements of the Conditions of Approval in Resolution No. 2012- 66 with the exception of condition F. Bandini XC, LLC has submitted Final Parcel Map No. 71920 for approval (copy attached). The Final Parcel Map has been checked and approved by the City of Bell for mathematical accuracy, survey analysis, title information and compliance with the Subdivision Map Act. In my role as City Engineer, I have endorsed the final map as consistent with the -I- Vernon General Plan, the Subdivision Map Act, and the Vernon Municipal Code. As part of the tentative map approval process it was determined that the project was categorically exempt from the California Environmental Quality Act. It was also determined that the location of the parcels created by this Final Parcel Map substantially comply with the previously approved Tentative Parcel Map. All conditions of approval related to the parcel map have been satisfied. It is my recommendation that Final Parcel Map No. 71920 be approved. FISCAL IMPACT Approving the Final Parcel Map will not cause any fiscal impact to the City. -2- SHEET 2 OF 2 SHEETS PARCEL MAP NO. 71920 0 PARTLY IN THE CITY OF BELL AND PARTLY IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA A"RyP>' NEW A SUBgNSKIN Of A PORRON OF LOTS 92 AND W AND A mRIpN OF CAWE1D ANNUE AS VACATES M AN ?S WMR OF THE ROAD OF SUP ORS OF LOS ANODES MUM. EDMUND IN BOON IM3I PAVE 32 OF OFEMVL RECURS$ OF SAD MUM. All W RWOw LAGUNA AS SWMA ON A NAP Mm AS MEET •A' Nx CASE NO. S-25296 M ME SUPWOR COURT 9 ME SPATE OF QSUM XN IDS INOFLFS MUM. �wM' iL� MONUMENT NOTES: SCALE: 1"=100' BANDINI O IxMGm sEr 1-1/x' OD. x w IP. AW rMq IS '.Sr' wnx Eugr mw, Dusx, BOULEVARD • imlMm MANOR Faum NO INIq. ` - 4, roues sxu ua wwm xmn IS, Nw rwsl, Pm ax ONAN. larmm AS ewxDiw UWANI c �w� p Fm'ID B'U4 Wq' D'mN IS'M NbN. Pq P.YaRS. Sw/zL M91F0 PARCEL MAP V 4.J��y p'� BANDINI w xmisxcmv m cA. mW sr. 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"N-,�''w''°T'' d 1 La.ul B so.1e• L_� (x >;6rw+q \ ( rw.m' $ i-Im61D ORRm'Mw Ilxesei - - r waz) / 1 — _ xeeal•IfuTxse'I ((xn.u•1 _ meeY 'e-IWSS'1�— A _ BANDINI BOULEVARD — A — — sq) s� _ t (wrxu'D 3j�� ax O6OF73 Y T (Dlww'sl r Ci H' �>- G 6AWWI BUN. AS IVOl ON PMEt MW NO. w 11262, P.MB. I20/56-00, PAALYI W° NO. 106, PARCEL MAP NO.9136 P.N.B. RM/]2-2e. PARCEL NAP NO. UU40, mWmADww/qR P.M.4 AI/14, AND R.B. I73/61-6L I PARCEL 21.26 ACRES, NGflOSS ET 21.26 ACRES, PARCEL MAP NO. 71 920 PARTLY IN THE CITY OF BELL AND PARTLY IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA BONG A SUBCNBKIN OF A PORIWN OF LOTS 02 MD BJ AND A PORIWN OF (IMPELS AVENUE AS VACAIEO BY M ORDER OF THE BOND OF SUPtlMBORS OF LOS MGOE MUM,, RECORDED IN BOON I0E30, PACE 32 OF ORROX RECORDS OF SAMO COUNTY, ALL IN RANCHO LACUNA M SHOWN ON A NN SLED M EXHIBIT -9 IN ME NO. B-25296 OF ME SUPERIOR COURT OF ME STATE OF MUMMA, LOSE ANGELES COUNTY. OWNER'S STATEMENT WE HEREBY ]TAR MAY WE ME ME MUM OF O1 APE ROBINSON IN THE JOIN INCLUDED AMIN ME SVBENIASN MORN ON MS MAR M ON THE gSMDTHE WONDER LINES, MD M MOOR TO ME PREPARATION MJ NAND OF SVD MP Np SUBCMSOY. WE KUM` DOME TO ME CITY OF BELL I. W FASENERIS TOR PEON. PLNPMFS. AS SNSWN ON SLID VIP FIRST INDUSTRIAL, LP.. A DELAWARE UNITED PARTNERSHIP (OWNER) SY: _ PROM NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA ) BB M Of ) ON . RMJ. BEFORE ME IMANY PURSUE, PERJMAAY APPEARED, BY: _ PRIM Rx _ Mo RNOVFD TO ME ON ME BASIS OF EANSFACTORY MOOSE M BE ME PMSON(S) WIWSE WEIS) IS/ME SUBSCRUM TO DE WORN INSTRUMENT AND MMOM£Wfd TO ME MAY HE/SHE/MIX MANNED ME SAME IN HIS/HER/IIER AUTHORIZED CYPACOYDES), MO THAT BY HIS/HETL/MDR SIWTUROS) ON ME INSTRUMENT ME PERSGN(S). OR ME EMMY UPON BEHVF OF WHICH ME PERBOMS) .ACTED. fM CORD ME RSMUMENT. I DEANERY UNDER PENALTY a PDWRY UNDER THE LAWS OF THE VAR OF CWFDRNA MUM ME FORM AIG PAMGMPH IS IRDE MD CORRECT. MMESS MY HAND MY PROCIPµ PULE OF SUMMERS SEYL . IS IN MUM.. MY COMMIS6EN EXPRES . UPON. .0 COMMISSION NUMBER NOTARY ACKNOWLEDGMENT STAR OF CALIFORNIA I SS COUNM1 N ) ON 2013. BEFORE ME NOTPRY PU UMC. PERSOmLY APPEARED WHO PROVED TO ME ON ME MSS OF SATSFACTOWY EMINENCE TO RE ME PMECN(S) WHOSE MWEO) IS/ME SDRSCRIRED TO ME WITHIN INSISVMEM MU ACNHOMLEWM TO ME TUT HE/SHEfMY MECURED ME MINE IN HS/HER/IHEIR AUMOIZE0 CMICIIY(IES). AND THAT W HIS/HEVTHE R ROMTME(S) ON ME MMMMENT ME PERBM(S). OR ME MISTY UPON BMVJF OF WNOL ME PERSON(S) ACRO, EXECUTED ME IHSTR MINI. I OWN UNDER PENALTY OF PERJURY UNDER ME LAWS CF ME STATE M CMFORNO THAT ME FMEOOIXO PMA.ORMN A TRUE MO CORRECT. MMEn MY MUM. MY PTINCIPµ PUCE OF WMESS SIGNATURE IS IN CCU... W COMMISSION EXPIRE (PRINTED MOUE roMLKSEN NUMBER BASIS OF BEARINGS ME DEMANDS SHOW HEREBY ME IMM UPON ME NORMEASHRLY WE CE BARRY Y UREIMBI READ NORM W]YIP MST M MOM M A HAP FILED IN RCON 24% PAGE 24, CE RECORD OF SNAKY CE MIS ANBEIFS COUNTY. SIGNATURE OMISSIONS: MC DGMTRES BELON NAME BEE.... MOODYMf PRMREWS M SECTION 6MJC (a1(SY/.1 O WE SIBDNHCN HIM ACT K MDA INORFST 6 WM TM! D WHO RIPER INTO ARC 11M1E MB SOB SEMMA3 ARE NOT REDO. M WE LOCAL .. CIVHEL04-GOURDS-BYWAY BN COMPANY. A CYPMA M DCCRPORNMAN EMOMMOR MENACE, ME OME16 CP 0R MD MINIMUM. MOODY BY A DEED ISMORNED AWVS! V, 190 IN WOR 23513 PACE 240 OF OROAL RECORDS LM ANLEIES CWMY R.OSS LMM0. DSRMI. NDWS OF AN EIRWDR FM MUM OWN AND RMIS'KOM. FOR. PUC NSA. XO. ]l-IMBLB. MC. CAE-O]-IBJ]. O.R. SWMWI CWFOMM WON COMPANY, HOURS OF M MOMENT FOR PURIM MUTER ANO RNTR NODENTµ TORERO PER M. MO. W-MINIS, HC J-11 19SO. O.R. SOUTHERN PYEORNA DH90X ..... A IXPPOMIMR. EASMFM IEICER g BY DE(Y) HOW= JUNE 12. N13 M SIMMONS BE. MISOOJSM, M CRICUL RECORDS, LOSE ANGELES COUNTY CERTIFICATION AND SEAL I HOW COUNTY THAT NL CMMICAM MK BEM RED MD (SPORTS MM OEM CODE THAT ARE FOCUSED UNDER WE PWA9Db OFSECTIONS 06492 MD 064M O ME CORROSION WP MCI. MUM OFFICER. W11E OF SUPEROSDLE 09 THE CMXM OF LM AAHM swE OF CALMPNM W: DEPUTY DATE I IERCBY CO.. TA! BERM M ME ... M F WS DEEM TEED FIM TE IXECUINE URRSM, OQUO OF WPEIMEORS O ME WORRY OF MS MCEIES M MUM FOR ME ROOM OF IMES NE SPEOLL MSESSEMS CGIECTED AS N%FS M ME Mo B RON M WP OF PMCR WP CAE. 71920, AS REAIMM BY UW. DEOIINE OFFICER, WARD O SUPERVISORS OF ME CO MN OF MS "EMS, DATE OF fµlI.. M: DEPMY aTE M6 NM WAS PREPAISD BY ME OR UNDER MY OIRECBON NO IS BAYOU UPON A ROB MSNEY M CMMRNMHM NORME R£WNMMIS OF ME MUM" MM MY MO Lttµ BOMNANR AT ME REMAY M' RRST INAISTDAµ LP.. ON AWE. WHY. I TERM STAR MAY MIS PARCEL MM PIBSCMBMLY MINTS TO ME MPORE0 CP ODMTONMLY MFRMD IMTARIE FANGED MAP; THAT MIS MAP CWOSRNO OF R RIVERS CORRECTLY REPRESENTS A TINE ANJ DOWNER RNNFY MADE BY ME ON UNDER MY DIRECTOR: THAT .UL ME WHAMMY ME OF ME CXMAMM ARD 0.UMT ME POMONS MOWN HEMON. M ANAL BE SET H %,ACE MMX TNENTY-FOUR MINIMS MCA ME RLLW BAR CE MIS MN AIR MA! SEND MMIIMO M ARE SUFFICIENT TO MASS ME SURRY TO BE RMAOA D LAND WYED: W13 2A'� LPL p%RUPPO C 4Rb-XB 12-3I-I3 Ufl.. LS. ]I59 4W .MANS E� I MNOp AL o 4 EYP. J'IA.MS 9 CITY ENGINEER'S CERTIFICATE - CM Or �OF CJ`v I XEREM.11MT I HAS EXAMINED MIS WP. THAT R WXTCYMS SAMANU ULY TO ME TFNIAM PARCEL MV MD NA APPIMhTI µ MAnONS MERF6: BA! All PoMSM6 OF ME NUBNAMN ORDINANCES OF ME CITY OF VERTEX APPUCVIE AT ME TIME CF MPRWN. DI ME TWOUTHE PARCEL IMP NAVE LEAN WN%FB MM; MO MAT 1 M UMM RA! THIS WP R TECHNICALLY CORRECT MM RESPECT TO CRY RMUNDS. DATED: , IS SMAO. WON YAWN l5. MY ]IN : COPSES: 12/JI/I3 P.F. N0, CYYM3; UPPRO J/M/_ MSERM OF MIANYMI} SFR1CF5 MO WARY CRY OF VERXM SPECIAL ASSESSMENT CERTIFICATE - CITY OF VERNO I HOW CERRY MAT ALL ERGOµ AEYSMMTB MEWED UNDER ME SIPoEDCTM CE ME Ott OF MICRON. TO RHM ME UHB INCLUDES IN ME MRNI SOMPASM OR MY PART TEREM IS SUMCI, MID TO MACH MY BE PAID D TELL NAME SEEN PAID D FHL DATED: 2MJ JMDLW NEON UYYM DO THERAN FR DR Of R. CERTIFICATE OF ACCEPTANCE - CITY OF VERNON WE HEREBY DEPTH TOM ME OTY OIWDL CP ME CM LF YEMM AT A MEMO RON M ME MY OF , 301J, MPROMM ME AMCHB AV. MTM: M13 IDDMLL IACH"ICS MY OF WORN ANTED: W13 DWA MM MEDIAN Cm MUCH CRY OF VERNON WORD: - .2013 - CITY AROMO CRY OF WO NM CITY ENGINEER'S STATEMENT - CITY OF BELL I ROOM SAME TM! I MK PYAMPED MO WP: TAT IT CONFORMS SUH. TO ME AMORE PARER. MAP AND All APPROVED µTAN THEREOF; THAT ALL PRARA S OF S.MMSNX ODVN.MCES M ME CRY OF KU MPUCME AT ME ME OF APPROALL O ME T EAM AMCO. WP MK BEM WIPUM N1M; MD THAT Nl PROVERBS Of WOMEN MAP µT SECTION 6.00 (.NI)M) Mtl (3) MK BEEN CO PU D AM. BYTE TERM RWEUE, CM MDNEM, Clrc M BELL R.O.E. NO. __. EXP. ---- CITY SURVEYOR'S STATEMENT - CITY OF BELL I HOW SEAR TA! I HAM MWPoM DNS WP MD MK MUM THAT T 03M'OMS MM MOURN PRO✓SEDS CP DE SIIEMhVON WP M! MD I AN STORM SAE WP IS IEOMICULY COMMIT. ANTE COURSE µMREE. DTY SUMEYM. CRY OF BAL R.C.E. NO, _—, UP. CITY CLERK'S CERTIFICATE - CITY. OF BELL I. JWD WRITHE[, INBFIM CM CLUX OF ME CITY OF sn1 DJ HERESY COMP Wr MIS WP WM PRFSEXIM FOR APP UM TO THE CITY COM]L K ME CID OF SELL AT A REMNR INBOUND XE ON THE DAY OF _ 013 MD TAT MPR W WD COUNCIL BUD MY M ORDER OF WAY PASSED NE EMFAM. APPROVED END WP: NO AKFPI M BBWF Or ME PU I ,, SABRC! M IMPNMJE S. ME CPNGIHN M DOWNS MY MINIMUM PURPOSES. M SHOWN M WB W. 6-1a JAPE! MARTINEZ. INTERIM CRY CLERK. CRY OF BELL SPECIAL ASSESSMENT CERTIFICATE - CITY OF RE I HUCEM ORMY ROM µL SEMt AS%641FM5 1EKM LANDED ME MMOICMN OFME GM OF BEµ M WASH ME VNO MOUSES N ME WORN SIBDMWO OR MY PART THROW D SUMEM, MO OUCH WY BE PAYS IN ML MK BEM AM IN FULL BYTE DIY MEASURER, CRT OF BM RESOLUTION NO. 2012-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING.TENTATIVE PARCEL MAP NO. 71920 TO BANDINI XC, LLC TO SUBDIVIDE PROPERTY LOCATED AT 5553 BANDINI BOULEVARD WHEREAS, Bandini XC, LLC ("Bandini.XC") has submitted Tentative Parcel Map No. 71920 ("Parcel Map") to.subdivide property located at 5553 Bandini Boulevard (the "Project"); and WHEREAS, Bandini XC proposes to develop a 536,400 square foot warehouse, manufacturing, and office building, and associated parking on a 21.26 acre site; and WHEREAS, the proposed building will be.sited in the City of Bell, while a small portion (west -most portion) of the site is situated within the City of Vernon, consisting primarily of parking; and WHEREAS, the land area of the subject property is approximately 21.26 acres; and WHEREAS, Pennington Way currently varies from 60 to 80 feet along the frontage of the subject site and Bandini Boulevard is 100 feet wide along the frontage of,the subject site; and WHEREAS, as a condition of approval, the applicant will be required to widen the sidewalk along Pennington Way and the small portion.along Bandini Boulevard in accordance with the City of Vernon Master Plan of City Streets; and . WHEREAS, the proposed project will cause an impact to the level of service at the Atlantic-Bandini Boulevard intersection; mitigation measures are proposed to reduce the impacts of the added traffic; and WHEREAS, the domestic and industrial waste from the proposed Project will be discharged into the City of Bell sewer system in accordance with the County Sanitation District's ordinance and will not result in a violation of existing requirements as described by the Los Angeles Water Quality Control Board; and WHEREAS, the portion of the Project site located within the City of Bell is designated "Industrial" by the Bell General Plan and "T" (Transitional Zone). by the Bell Zoning.Map; and WHEREAS, the portion of the Project site located within the City of Vernon is designated "Industrial" by Vernon's General Plan Land Use Policy Map and "I Zone" (Industrial) by the Vernon Zoning Map; and WHEREAS, the proposed Project site.is surrounded by industrial and warehousing uses that are compatible with the proposed Project; and. WHEREAS, the Project is categorically exempt from the California Environmental Quality Act (CEQA) .under Section 15315, Class 15 "Minor land division of industrial property -into four or fewer parcels", of the CEQA guidelines, therefore, a Notice of Exemption will be filed with the County Clerks office; and WHEREAS, the City Council has received a Staff Report, dated May 2, 2012, upon which it has relied on making the foregoing recitals. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY.OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby finds that the Project is categorically exempt from the California Environmental Quality Act pursuant to Guideline 15315 as it is a minor -2- land division of property located in an urbanized area that is zoned for industrial uses and is in conformance with the zoning code and general plan. The Project was not involved in a division within the previous 2 years, and does not have an average slope greater than 20 percent. Therefore, the Project is exempt from CEQA. SECTION 3: Subject to the conditions set forth below, the Tentative Parcel Map No. 71920 is hereby granted to Bandini XC, LLC, to subdivide property located at 5553 Bandini Boulevard. SECTION 4: The following conditions are required in order to ensure orderly development of the site: a. Bandini XC shall widen the existing 3-foot sidewalk along the west boundary of Parcel 1 (Pennington Way Frontage). New sidewalk_ shall be constructed per City of Vernon's Standard Plan PV582. The new sidewalk shall be 9.79-feet wide from curb face to back -of -sidewalk and shall commence at the southerly line of Assessor's Parcel Number 6332- 002-814 and continue south to the beginning of curb return for the northeast corner of Bandini Boulevard and Pennington Way. . b. Bandini XC shall landscape the City of Vernon's excess right-of-way along Pennington Way from back of new 9.79-foot wide sidewalk to the westerly property line of the subject property, in a manner approved by the City and in compliance with the City of Vernon's water conservation ordinance. Bandini XC shall enter into an agreement with the City of Vernon to maintain the landscape area. C. Bandini XC shall protect the southerly curb of Bandini Boulevard in place and replace the existing 7.5-feet dirt parkway with new sidewalk from back of curb to the south boundary line of Parcel 1 - 3 - (Bandini Boulevard Frontage). New sidewalk shall be constructed in accordance with the City of Vernon's Standard Plan PV582. the sidewalk shall commence at the end -of -curb return of the northeast corner of Bandini Boulevard and Pennington Way and terminate east at the City of Vernon's boundary line. d. The currently closed left turn pocket at the east approach of Bandini Boulevard and Pennington Way shall be permanently removed by Bandini XC by widening the existing 3.5-foot wide median island to a 14-f6ot wide median island. e. The existing .left turn pocket at the west approach of Bandini Boulevard and Pennington Way shall be extended by Bandini XC to a 225-foot capacity. This will require that a portion of the existing median island be reconstructed to accommodate the larger capacity left turn pocket. f. Bandini XC shall have fire hydrants placed every 300-feet along the eastside of Pennington Way and the north "side of Bandini Boulevard frontage in the City of Vernon. g. Bandini XC shall re -stripe Bandini Boulevard's existing channelization lines in the westerly direction from the east City boundary line to the east approach of the Bandini Boulevard and Pennington Way intersection. h. Bandini XC shall replace the existing dirt culvert leading to the northwest corner of Parcel 1 from the pump station outlet east of Atlantic Boulevard with.a reinforced concrete pipe. Bandini XC shall - 4 - perform a hydraulic and hydrology study to determine the size of the pipe. i. The building and parking area shall be maintained substantially in compliance with the.site plan submitted, as part of this Tentative Parcel Map, unless otherwise approved by the Director of Community Services and Water of the City of Vernon. j. Bandini XC shall relandscape the Bandini Boulevard median from the City of Vernon's easterly boundary line to Pennington Way. The design of the landscape, including plantings, hardscapes, irrigation systems and backflow devices, shall be approved by the City of Vernon. k.. The Pennington Way access driveway to the subject site shall be widened to City of Vernon standards with the width at the back.of the sidewalk being a minimum of 70 feet in order to ensure proper truck ingress and egress movements into and out of the site. All interfering structures, including but not limited to, signs, power poles, lights poles and catch basins, shall be relocated to City of Vernon standards at Bandini XC's expense. 1. Bandini XC is required to provide an electrical easement to the City of Vernon for all future Vernon light and power electrical lines and facilities serving power to any buildings located on the Project site. _5_ SECTION 5: 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 15th day of May, 2012. Name: Willia J., Davis Title: Mayor Pro-Tem -6_ 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. 2012-66, 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.bn Tuesday, May 15, 2012, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of May, 2012,'at Vernon, California. killard G. a gu i, ItLty Clerk (SEAL) - 7 - CHICAGO TITHE-SUBDIVISIC'� RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: First Industrial LP Attn: Larry Cochran 898 N Sepulveda Blvd, Suite 750 El Segundo, CA 90245 . (SPACE ABOVE FOR RECORDER'S USE) LICENSE AND MAINTENANCE AGREEMENT This License and Maintenance Agreement ("Agreement") is effective August 20, 2013, by and between First Industrial, LP, a Delaware limited liability company ("Owner") and the City of Vernon, a chartered municipal corporation ("City"). 1. Definitions. a. "Subject Property" means the real property depicted in attached Exhibit "A". The City has an easement for right of way purposes over the Subject Property. b. "Neighboring Property" means the property owned by Declarant located at 5553 Bandini Blvd., in the City of Vernon, California, more particularly described on attached Exhibit "B", and depicted and described on Parcel Map No. 71920, which was recorded in the Official Records of Los Angeles County, California. 2. Purpose of Agreement. a. Comply with Conditions of Parcel Map 71920. The City and the Declarant ("Parties") agree that on May 15, 2012, the Vernon City Council lawfully adopted City Resolution number 2012-66 to approve Tentative Parcel Map Number 71920, and that section 4.b. of that resolution contained a lawful condition that applied to Bandini XC, LLC. The Parties further agree that the condition now applies to Owner, because it owns the Neighboring Property. One purpose.of this agreement between the City and Owner (the "Parties") is to satisfy condition 4.b. b. Improve Subject Property. The Parties also wish to improve the appearance of the Subject Property. The Parties agree that this is a benefit to the Owner of the Neighboring Property and the City, and that the obligations of this Agreement shall run with the land. c. No prohibition of ingress and egress. This Agreement is not intended to cause Owner to lose or obtain, or in any way affect any rights that it may or may not have, to use the portion of the Subject Property currently occuTied by a driveway, as a means to access the Neighboring Property to and from 26 Street. 110355771.4) ACCOMMODATION 1 - RCCORDING 10768.0002 d. No effect on City's Right of Way Rights. This Agreement is not intended to cause City to lose or gain, or in any way affect any rights that it may or may not have, to use the Subject Property for rights -of -way purposes. 3. Maintenance of Subject Property. a. Submit Landscaping Plan. Owner, at its sole cost and expense, shall submit a plan to the City proposing the improvements (e.g. sprinklers, driveway) that Owner proposes to install and maintain on the Subject Property at its sole expense ("Landscaping Plan"). Owner may remove all such improvements at any time, if doing so is consistent with the Landscaping Plan, and all applicable laws, including any water conservation ordinances. Owner shall own all improvements it installs on the Subject Property, and shall be solely responsible for their maintenance, and the maintenance of the Subject Property. Owner may propose revisions to the Landscaping Plan from time to time, and City may, in its unilateral and unfettered discretion approve or deny any such proposals. b. Maintain Landscaping. If the City approves the Landscaping Plan or amendments thereto, Owner shall plant, install and maintain the Subject Property in the manner described in the Landscaping Plan. In addition, Owner shall maintain the Subject Property at all times, in a neat, sanitary, and attractive condition, in compliance with the Landscaping Plan and all applicable laws (including all applicable ordinances, regulations, and conditions of applicable permits), and consistent with the maintenance standards of first-class industrial buildings in Los Angeles County, California. Such maintenance duties of the Owner include, but are not limited to the following: (a) keeping the Subject Property properly watered, maintained, replanted as necessary, pruned, and free from noxious weeds; (b) keeping any installed fixtures (e.g. irrigation systems, driveway) well maintained and in a safe and proper working order; (c) promptly removing and properly disposing of trash and debris; (d) promptly replacing or repairing, as appropriate, any property or plants damaged by graffiti or any other effects of vandalism; (e) repairing any degraded or damaged property; and (f) properly maintaining and repairing fencing, block walls, driveways, pavement, and all other exterior elements, including hardscape. c. License Granted to Owner. City shall grant Owner a license to use the Subject Property to the extent necessary to effectuate the activity authorized or required by this Agreement. d. Use only as Authorized. Owner shall not cause or allow the Subject Property to be used in any way except as expressly authorized by this Agreement. Owner shall not cause or allow the Subject Property to be or to become a dangerous condition of public property. 4. Failure to Comply with Agreement. If the Owner fails to comply with the requirements of this Agreement, the City may notify Owner of such violation. Within 30 days of the issuance of such notice, the Owner shall cure the violation. If the Owner fails {10355771.4} - 2 - 10768.0002 to do so, the City in its sole discretion, may retain a maintenance contractor or use its own employees to maintain the Subject Property, or to take any other remedial actions necessary to cure the violation. The cost of such work, plus liquidated damages in the amount of $1,000 shall be billed directly to the Owner and shall be paid within 30 days of issuance of the notice. The City may place a lien on the Neighboring Property if such bills are not paid within that 30 day period. The Parties agree that damages for failure to promptly comply with this Agreement are difficult to quantify, and that the liquidated damages stated herein are a reasonable estimation of the damages that would be suffered by the City if Owner fails to comply with this Agreement. 5. Inspection and Assumption of Risk. Owner has completed a diligent inspection of the Subject Property. Owner warrants that it thoroughly inspected the Subject Property, accepts the Subject Property "as is", with all faults, assumes all risks, known and unknown relating to the Subject Property, acknowledges that City provides no warranties as to the condition of the Subject Property, and confirms City has no obligation to improve, maintain, or repair the Subject Property. 6. Indemnification, Defend & Hold Harmless. Owner shall, to the maximum extent permitted by law, indemnify, protect, defend, and hold harmless City and City's employees, elected officials, agents and assigns from and against any and all liabilities, claims, obligations, damages, expenses (including, without limitation, reasonable attorneys' fees and costs), causes of action, suits, claims and judgments arising out of or resulting from (a) injury or damage to persons or property on the Subject Property; (b) the use of the Subject Property by Owner and its employees, officers, directors, agents, representatives, invitees, and strangers; (c) damage caused to the Subject Property, including, without limitation, causing or permitting hazardous materials to be placed, stored, spilled, or left on the Subject Property; (d) Owner's breach of its obligations wider this Agreement, and (e) Owner's actions. 7. Termination. This Agreement shall terminate only if the City sells, assigns, or transfers the Subject Property, or if the City provides the Owner with 90 days prior written notice of the termination of this Agreement. If such notice is provided, Owner, during the period between the termination of the Agreement and 20 days thereafter, at its sole risk, may remove all improvements it installed consistent with the Landscaping Plan that were not in existence in any form at the Effective Date. In addition, the City may within 45 days of the issuance of the notice, notify Owner of which property, including any plants, Owner must remove from the Subject Property at Owner's sole expense (City shall not use this clause to mandate the removal of any authorized driveway). Owner shall remove all such property from the Subject Property within 45 days of receipt of the notice. If Owner fails to remove said property, City may remove all said property, require payment of liquidated damages in the amount of $1,000, and place a lien on the property to recover the liquidated damages, plus any costs the City reasonably incurred in removing said property. 8. Recordation. Declarant shall cause this Agreement to be recorded on the Subject Property and on the Neighboring Property within 20 days of the effective date of this Agreement. 110355771.41 - 3 - 10768.0002 9. Assignment. Unless full ownership of the Neighboring Property is being changed, Owner shall not authorize any novation, or transfer or assign any of its rights or obligations under this Agreement or issue a license for the use of any part of the Subject Property without the prior written consent of City, which consent may be denied in the sole and absolute discretion of the City. This paragraph does not, however, require City authorization to use the driveway to gain ingress or egress to the Neighboring Property in a manner consistent with the expected and reasonable use of the driveway. If the full ownership of the Neighboring Property is being changed, Owner shall notify City of such change at least 20 days prior to the transfer of ownership. 10. Property taxes. Owner shall pay all taxes, if any, attributable to any property affixed or located on the Subject Property. 11. Utilities. Owner shall pay for any and all utilities to be used by Owner on the Subject Property, including water. 12. Liens Prohibited. Owner shall not cause or permit any liens to be filed against the Subject Property, and shall cause any such lien that may be filed to be removed within 10 days after it has been filed. 13. Notices. Whenever a party to this Agreement is required or permitted to give or serve notice, request or demand to or on the other, such notice, request or demand shall be given or served upon the party to whom it is directed in writing and shall be delivered by overnight courier or forwarded by United States registered or certified mail, postage prepaid, posted in Los Angeles County, California, return receipt requested, and addressed as follows: If to City: City of Vernon Attn: Kevin Wilson, Director of Community Services & Water 4305 Santa Fe Ave. Vernon, CA 90058 If to Owner: First Industrial LP Attn: Larry Cochrun 898 N Sepulveda Blvd, Suite 750 El Segundo, CA 90245 Vernon, CA 90058 Notices delivered in such manner shall be deemed received upon actual receipt or refusal to accept delivery. Notice addresses may be changed by sending notice in accordance with the terms of this paragraph. (10355771.4) ME 10768.0002 14. Insurance. At all times during the duration of this Agreement, Owner shall procure and maintain insurance in full compliance with the requirements set forth in Exhibit C to this Agreement. 15. Miscellaneous Provisions. a. Entire Agreement. This Agreement represents the entire agreement between the parties as to the matters contained herein, and supersedes all prior and contemporaneous discussions, negotiations, and writings. This Agreement may be modified only by an agreement in writing signed by all the parties to this Agreement or their respective successors in interest. b. Attorney Fees to Prevailing Party. If either Party brings an action to enforce the terms hereof, or declare rights hereunder, the prevailing party in any such action, on trial or appeal, shall be entitled to its reasonable attorneys fees to be paid by the losing party as fixed by the court. c. California Law. This Agreement shall be governed by and construed under the laws of the State of California, without regard to conflicts of laws principles. d. City Retains Police Powers. Nothing in this Agreement shall be interpreted as limiting, in any way, the City's ability to exercise any of its police powers, to enforce any of its laws, or to otherwise act in its governmental capacity. For example, the city may still take action to enforce Resolution 2012-66, and all related conditions of approval applicable to Parcel Map number 71920. e. Waiver. No waiver by City of any provision hereof shall be deemed a waiver of any other provision. City's consent to or approval of any act shall not be deemed to render unnecessary the obtaining of City's consent to or approval of any subsequent acts by Owner. (signatures on next page) (10355771.4) -5- 10768.0002 IN WITNESS WHEREOF, this Agreement is executed by Declarant hereof as of the day and year first above written. DECLARANT: FIRST INDUSTRIAL LP, a Delaware limited liability company e Name: LhA" 1/ ,_ :. CITY CITY OF VERNON, a chartered municipal corporation By: Name Its: ATTEST: By: Name: Its: APPROVED AS TO FORM: Nicholas G. Rodriguez, City Attorney By: Scott E. Porter, Deputy City Attorney (10755771.4) - 6 - 10768.0002 ACKNOWLEDGMENT State of California County of Los Angeles ) On August 30 2013 before me, Linda M Bauer, Notary Public (insert name and title of the officer) personally appeared Larry D.Cochrun------------------------------------- who proved to me on the basis of satisfactory evidence to be the person(&) whose name(& subscribed to the within instrument and acknowled ed to me tha jf k0AAhey executed the same In ®i geN4eir authorized capacity(ieO, and that by�ij' 'heFAhe:r 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. LINDA M. BAUER' NOTARY PUBLIC-CALIFOMM� WITNESS my h� and official seal. [6�AN�pM�� / I moot xora Signatu (Seal) IN WITNESS WHEREOF, this Agreement is executed by Declarant hereof as of the day and year first above written. DECLARANT: FIRST INDUSTRIAL LP, a Delaware limited liability company CITY CITY OF VERNON, a chartered municipal corporation By: w Name: W. Michael McCormick Its: Mayor ATTEST: By: Name: Its: Ana Barci Deputy City Clerk APPROVED AS TO FORM: f-'R teA Nicholas G. Rodriguez, City Attorney By: Scott E. Porter, Deputy City Attorney {10355771.4} - 6 - 10768.0002 EXHIBIT "A" LEGAL DESCRIPTION OF THE SUBJECT PROPERTY EXHIBIT "A" THAT PORTION OF 26TH STREET AS SHOWN ON PARCEL MAP NO. 63140 IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS FILED IN BOOK 341, PAGE 2 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF 26TH STREET, SAID CORNER ALSO BEING ON THE EASTERLY LINE OF THE PROPERTY CONVEYED TO THE CITY OF VERNON BY UNITED STATES POSTAL SERVICE, DEED INSTRUMENT NO.02-3204897 RECORDED DECEMBER 30, 2002; THENCE FROM SAID CORNER, NORTH 24°09'51" WEST ALONG SAID EASTERLY LINE, 94.80 FEET TO AN ANGLE POINT ON SAID EASTERLY LINE; THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH 22013'50" EAST 6 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID EASTERLY LINE NORTH 22013'50" EAST 521.34 FEET TO THE SOUTHERLY LINE OF THE PROPERTY CONVEYED TO SOUTHERN CALIFORNIA EDISON COMPANY BY CITY OF VERNON, DEED INSTRUMENT NO.06-0974816 OF OFFICIAL RECORDS, RECORDED ON MAY 3, 2006; THENCE SOUTH 85038' 12" WEST 124.60 FEET ALONG SAID SOUTHERLY LINE AND ITS WESTERLY PROLONGATION; THENCE SOUTH 03038'46" EAST 110.42 FEET TO A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 530.12 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 24°17'58", AND ARC LENGTH OF 224.83 FEET TO A TANGENT LINE; THENCE SOUTH 20039' 12" WEST 149.67 FEET; THENCE SOUTH 69°20'48" EAST 6.15 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING AND RESERVING THE RIGHT TO BE EXERCISED BY GRANTOR AND BY OTHERS WHO HAVE OBTAINED PERMISSION OR AUTHORIZATION FROM GRANTOR SO TO DO, TO REMOVE, AND UNTIL REMOVAL, TO OPERATE, MAINTAIN, RENEW AND/OR RELOCATE ANY AND ALL EXISTING WIRES, PIPES, AND OTHER UTILITY FACILITIES OF LIKE CHARACTER UPON, OVER OR UNDER THE SURFACE OF SAID REAL PROPERTY, CONSISTENT WITH THE RIGHTS GRANTED HEREIN, WITHOUT ANY INSTANCE BEING REQUIRED TO OBTAIN THE CONSENT OF GRANTEE, ITS SUCCESSORS AND ASSIGNS, THE SAME AS IF THIS GRANT DEED HAD NOT BEEN EXECUTED. AREA CONTAINS APPROXIMATELY 19,205 SQUARE FEET (0.4 ACRES) PAGE 1 OF 2 EXHIBIT "A" CURB 28.21, EA57ERLY & SOUMMY UNE OF DEED INST. NO. 06-0974616 O.R. E5TAB. BY S4/D DEED. W 3 vI J CURVE DATA No. DELTA RADIUS LENGTH C1 24'17'58" 530.12' 224.83' aI N x 0 42.69' 38.00 8.21, I 2Q I R426.510 I PARCEL MAP R492.12—J N O . 63140 26,,q, _ BOOK 341 PAGES 1-3 ' PROP. BW 69zpss-1v \ 90�b E4S7ERLY LINE OF 26TH STREET AS SHOWN /N PARCEL UV NO. 63140 /NST. NO. 06-14/9880. 2 9>y O.R. REC ✓UNE 27 200& �cw sti b 3B00 ♦`� �, .e s7y, h ry/ h 2 11 42p0' 2B<'!' a aQ6p T.P.O.B. R74.15 5 3ry1 / E EASTERLY UNVE OF DEED /NST. NO. 02-3204897. O.R. REV. DEC 30, 2002 2y' 01 R67.09 ESTABUSHEO BY DEED 6T31 57 S 69*20' ' E N 22'1350' E P.O.B. ^I / AREA APPROX. 19,205.0 50. FT. • Y e� V ` O N 6gO9S . 1 � • �Syey„ 1Y PAGE 2 OF 2 EXHIBIT "B" LEGAL DESCRIPTION OF THE NEIGHBORING PROPERTY EXHIBIT "B" Lot 1 of Parcel Map No. 71920 as shown on the attached drawing. Page 1 of 2 9 PAPCEI MAI ND 11,20 VICINITY MAP x]r ro sewE SHEET 2 OF 2 SHEETS PARCEL MAP NO. 71920 0 PARTLY IN THE CITY OF BELL AND PARTLY IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA BEAN: A SW a A PON" OF UOM Ox AM 93 MD A PORTION OF GWNpO AVENUE A5 VMATM BY AN OfMR 0E ME BOARD W SUPE WRS W IM Nl4YLES MONTY. REM] WRDfD IN BOOK I0. PACE W OF MCK j REMMO Of SW WUVry. NL IN MONO U . M SHOWN ON A W nUEU M EMKIMI W IN CASE W. B-5296 CE ME SUPERI[W MUM OF ME UAM a CMIFORNA. LOS M'OELES MUM.. SCALE: 1"=100' BANDINI VARD BANDINI r�J BOULEVARD UF=13 l"['Da..nin N]1 ((IpiOl 61W1) DETAIL "A" .ro. 1...) NN'A16 KA9AFN Ntl RCPO WP PM c..> NNGRY MCWRFP AW PFNb MN PW P. NI/1-). NO x19/a9, UMIESS MNMM`HOOD. YM IC9 SFMCI(6, fbAO N]111V4 Sn WMMi II lIS PFWRI MP PON.. RN/N. 'X.r.9: NWI6 MTNYME ([...)I RUOOW NA PW PY& NI/1-]. �l NOPAI[6 Tlf NLYWW Lf M INWM3 I[-.B INNART fln99 WIA PG R.S. I]]/U-N. Nlp NNO 6VNMm DY Me I. A a p- INdI � 1 DETAILr 9CVL I W MONUMENT NOTES, o MMM 6N 1-1/Y 0.U. x b' IP IMI IUL l ]159', M1M MKOW Fbl NOOK INWM9 xM4iNr Iww M NOOO ED FMIIO . NID .. ONaID l ]Sxf, FLUL4 PR P.6, N9/N. ILL@MO M DYNDAI QAV[0. NOW ONON 0% rI/M.D U NW,, RUSM KA PNO. N1/1-3 AND R.S. N9/N. ]2CLYNO ® . MIMNO.OF cL ttM N. MD NYr NpwY W.. Ml. 101 n. Q FOUNDD YgwWD It 7W KN].. NWM IN"MIF/Dtl rWt WHIN U M'MPLB. Q TWIN TY A YNNI U. W M Njm NM N Mb] M. PK', Pp PY& MI/1-1 MO P3. 3w/x9. © IDUND SU[ NAI, M P.MB NI/1-] N9 R5. 9w/1a. MLPIa AS C,L M WNW NW. MN IBr sl. p FDW D saNB AxD wux[R UOOEO ss wlr, nusL Pm W9a Ilv/naM nN IND ns aa/x9. Ixvlm a CL Iw- eDNx1 nro. A81 Neu fAaxvrc/ Wr. Lt7 EIXM161 q OIWN]99.NQR U O. YLfPIE0RA9 NlL1tlM CD6NFP��If N fMWELMM MC. Q NM9 WM Ixp NOUN rWUD ACE MW,, MUM IM PAX 9W/]9-]9IND RA 9w/N AI'LWMD A9 CL fL. 1TA"[U WAr. Q FOUND 9' IP, NUM 55 ]Ox0'. rN9L N UN Of IND Y LP iILeFD l9 ]]N NR P.ND. NI/1-]. FOUND Y W. NRFO l5 ]]N', n N UW OF NM Y TICK P4DW M1S 7M' M P.MB. NI/I-]. CPIFD ha MM fM U. © FONM VID Y llIX MGn iS ]]A'. FOU O. P.N& NI/1-]. B'21 TO.NU 1-I/Y Na1R CV.N PER L N. RO. FA 1I9x-I404 M 0.A 949/N. [� Mubo G OI NNA fibs C ...'M..'. IlyFlwl N9 0.S N9/I1. EASEMENT NOTES: NO. RR6N�5I. Iwo]]-IWN.Wtl M. 1i3 0I i9INwNES KWNr ®ImN. PER O ID. ..b. MI. ON IN . Cf mUmDw W1a0.VN F093V 9D. O.R, OI NOIGR6 AY bWITM IW P¢tSIRWI WI. N. OF 11E OFY.1 FILL R6 MO WP. — — — — — — — A.T. & S.F. OB�OER®d® d�VQWP - OF - WAY g 4 DESCRIBED IN OUNCWM MED, REMRaD IN BOOK O 35. PN£ W OF OFFICIAL REMMDS Or LOS AN.TIES MUW p N .wv m]x' INvm'wro 2fiTH SSTREETB� --_y A; �u ND ANANW elro �+ I� b SEE s a I aI = � I C111 �� W IOU CANFIELO AVENUE y MAN ORDER OF THE BOAM " OF LOS MULES MUNIr, REMRBfD W BUM, MIA p!R SI a OMCNL MONK OF MD MUNIYJ I 1 �ESTABUSNED to p� Wffl]SEM[N. �C`w I Go g AT r9 DESCRIBED 6.8 INSIMFSTMUSHM 2011O E INSIRUNENF W. RO110.Ba6R5, flEMWFD Z I�Ag A-25-3011, U.N. b d I�it W a � I�SIR S -w PARCEL I 9x]6IG V. IMUNN IK 131 971ID') A xOes L., 1- )-I5p.01) DI I NI BOULEVARD _ _ n" I I I RNLDWI BLW. AS SKOVM ON PANCEL NAP NO. PARCEL MAP NO. 9N 112U P.H.B. 120/56-M, pWE1 MM NO. 106, P.M.D. 2W2•74 p.MB 2I 2/7Z0'AND�R.S. 1 3/CSM-.Boh"- Page 2 6f 2 EXHIBIT C — INSURANCE Insurance Requirements — Landscape Encroachment Agreement The City of Vernon ("City") and First Industrial, LP, a Delaware limited liability company ("Licensee") agree that Licensee shall cause its General Liability Insurance to be in force for the life of this agreement. The amounts of this insurance will be determined by the City of Vernon on an annual basis and the Licensee will file proof thereof with the City Clerk, which proof shall include the following: 1. A standard Certificate of Liability 2. Additional Insured Endorsement Naming the City of Vernon, its Officers, Agents, Employees and Volunteers, or an Additional Insured Endorsement per written agreement. MINIMUM SCOPE AND LIMITS OF INSUR ANCE Coverage shall be at least as broad as: I. Commercial General Liability (CGL): Insurance Services Office Form CG 00- 01 covering CGL on an "occurrence" basis, including property damage, bodily injury and personal injury with limits no less than $1,000,000 per occurrence, with a general or annual aggregate of $2,000,000. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. For General Liability, the City, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of ownership, maintenance, or use of that part of the premises leased to the Licensee. 2. The Licensee's insurance coverage shall be primary insurance. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Licensee's insurance and shall not contribute with it. The Licensee's insurance shall be non-contributory and shall not seek contribution from any policy(s) the City of Vernon has in place. 4. Each insurance policy required above shall contain, or be endorsed to contain, a waiver of all rights of subrogation against the City. 5. Each insurance policy shall be endorsed to state that coverage shall not be canceled except after thirty (30) days' prior written notice (10 days for non-payment) has been given to the City. Page 1 of 2 EXHIBIT C — INSURANCE Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the City. Deductibles and Self -Insured Retentions Any deductibles or self -insured retentions must be declared to and approved by the City. At the option of the City, either: the Licensee shall obtain coverage to reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Licensee shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Verification of Coverage Licensee shall furnish the City with original certificates and endorsements or copies of the applicable policy language providing the insurance coverage required above. All certificates and endorsements are to be received and approved by the City before Licensee occupies (or upon expiration of current policies that may be on file with the City) the premises. However, failure to obtain the required documents prior to utilizing the premises shall not waive the Licensee's obligation to provide them. The City shall retain the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Waiver of Subrogation Licensee hereby grants to the City a waiver of any right to subrogation which any insurer of said Licensee may acquire against the City by virtue of the payment of any loss under such insurance. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Special Risks or Circumstances The City may modify these requirements at any time, including limits; based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Page 2 of 2 :, CERTIFICATE OF AUTHORITY FIRST INDUSTRIAL REALTY TRUST, INC FIRST INDUSTRIAL. L.P. FIRST INDUSTRIAL INVESTMENT II LLC FR INVESTMENT PROPERTIES LLC I, John W. I.ee, do hereby certify that as of the date hereof: 1. I am the duly elected and incumbent General Counsel and Secretary of First Industrial Realty Trust, Inc., a Maryland corporation (the "Corporation") and as such officer I am authorized to make the certifications herein made. 2. The Corporation is the sole general partner of First Industrial, L.P. ("FILP"). 3. FILP is the sole member of First Industrial Investment Properties II, LLC (" ml"). 4. FIIII is the managing member of FR Investment Properties, LLC CTRIP"). 5. Larry Cochran is a Director of Development for the Corporation for its California operations and is a duly authorized signatory of the Corporation and its affiliates, including, without limitation, FILP, FIM and FRIP (each an "FI Affiliate'), with all requisite authority on behalf of the Corporation and any Fl Affiliate to execute any and all agreements, instruments and other documents necessary, appropriate or convenient to manage, operate and otherwise cany out the normal and customary, day-to-day California -based development operations of the Corporation and its FI Affiliates, including, without limitation, obtaining and maintaining all requisite licenses and permits, subject to the limitations set forth in the Corporation's Delegation of Authority Policy. IN WITNESS WHEREOF, Ihave sign%J Certificate this 5`h day of August, 2013. Sworn to and sub/RP bed before rgois)5rl' day qr august 2013. Lee My Coom�nission Pix�ires: ()S -O', -IEOFFICIAL SEAL ANIA C SUCIU lic • State of Illlnols n Expires May 3. 2017 CertificatoofAuthority (CA 8.5-13) CITY OF BELL November 6, 2013 Mr. Kevin Wilson Director of Community Services City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058-1786 Re: PARCEL MAP 71920 Dear Mr. Wilson: RECEIVeD N0i1 12 2013 Community services The enclosed subject final map has been reviewed and corrections made by the City of Bell engineering department for mathematical accuracy, survey analysis, title information, and for compliance with the Subdivision Map act. In addition, the boundary documentation on the subject map has been inspected, and the monuments were found to be set in a satisfactory manner as certified by Jerald Anhorn, P.L.S dated February 8, 2013. Regards, ��. Terry Rodrigue, P.E. , City Engineer City of Bell Engineering Department Attachment: Land Surveyor's Certification dated Feb. 8, 2018 6330 Pine Avenue R Bell California 90201 R Phone (323) 588-6211 R Fax: (323) 771-9473 C ra ENGINEERING, FNV-3. IMMENSENESS PLANNING • ENGINEERING • SURVEYING 2/8/2013 Mr. Young Park City of Bell 6330 Pine Ave. Bell, Ca. 90201 SUBJECT; Parcel Map 71920 Mr. Park, All monuments required to be set per Parcel Map 71920 have been set by Mr. Jerald Anhorn Jr., P.L.S. #7159 and the services for setting the monuments have been paid in full. If you have any questions, please do not hesitate to call. Sincerely, C A Engineering, Inc. P S. 30132 DOW AVE., STE. 520 0 Tu®TIN, CA 92780 8 PHONE (949) 7E4.9460 0 FAX (9491 724.9484 RECEIVED Chicago Title Company JjOV 04 2013 700 South Flower, Suite 800 Los Angeles, CA 90017 (213) 488-430dommuillty services November 1, 2013 �i City of Vernon Development Services Div. 4305 Santa Fe Avenue Vernon, CA 90058-1786 Attn: City Engineers Our Order No.: 00008938-X19 Your Ref. No.: Parcel Map No. 71920 • Subdivision Report dated, October 23, 2013 Sincerely, Too Recupido 'Title Officer Subdivision Direct: (213) 612-4125 Fax: (213) 612-4171 Email: tony.recupido@ctt.com TRANSMITTAL Page 1 Chicago Title 700 S. Flower Street, Suite 800, Los Angeles, CA 90017 Phone: (213)488-4300 • Fax: PRELIMINARY SUBDIVISION REPORT Engineer: C&V Consulting, Inc. Joy Wehus 27156 Burbank Foothill Ranch, CA 92610 Tentative Parcel Map No. 71920 Our No.: 00008938-997-X19 Dated as of October 23, 2013 For the benefit of the Subdivider, the Subdivider's Engineer or Surveyor, the County of Los Angeles and any City within the Subdivision is located. A preliminary examination of those public records which, under the recording laws impart constructive notice of matters affecting the title to the land covered by the Tentative Subdivision Map No. TBD prepared by C&V Consulting, Inc., received by Chicago Title Company discloses that the parties whose signatures will be necessary, under the provisions of the Subdivision Map Act, on the Final Subdivision map of said land are as set forth below (See Schedule A attached). This Report is furnished as an accommodation, for the sole purpose of preliminary planning and facilitation compliance with requirements necessary for the issuance of a Subdivision Guarantee. It is understood that our liability is solely that expressed in such Guarantee, and that no liability separate from or other, that our liability under such Guarantee is assumed by this report, except that if no Guarantee is issued under this order the amount paid for this report shall be the maximum liability of the Company. Tony Recupido Subdivision Department Our No.: 00008938-997-X I9 PRELIMINARY SUBDIVISION REPORT The map hereinbefore refereed to is a subdivision of: A PORTION OF LOTS 92 AND 93, IN RANCHO LAGUNA AS SHOWN ON MAP FILED AS EXHIBIT "A" IN CASE NO. B-25296 OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, LOS ANGELES COUNTY AND ALSO A PORTION OF THE RANCHO SAN ANTONIO AS PER MAP RECORDED IN BOOK 1 PAGE 389 OF PATENTS; TOGETHER WITH A PORTION OF 26TH STREET, AS VACATED, DESCRIBED IN THE LAND CONVEYED BY THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY TO THE UNITED STATES POSTAL SERVICE BY DEED RECORDED MAY 18, 1973, AS INSTRUMENT 916 OF OFFICIAL RECORDS, PARTLY IN THE CITY OF BELL AND PARTLY IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, IN THE OFFICE OF THE COUNTY RECORDERS OF SAD COUNTY. The parties hereinbefore refereed to are: 1. First Industrial, L.P., a Delaware limited partnership, owner 2. The signature of Chanslor-Canfield-Midway Oil Company, a California corporation, successor or assignee, the owners of oil and mineral rights by a deed recorded August 9, 1946 in Book 23513 Page 240 of Official Records, may be omitted under the provisions of Section 66436, (a)3C of the Subdivision Map Act. 3. The signature of the Los Angeles County Flood Control District, a body corporate and politics, easement holder(s) by deed(s) recorded December 7, 1977 as Instrument No. 77-1346888 of Official Records, may be omitted if the name(s) and the nature of their interest are stated on the map and if not required by the governing body in accordance with Section 66436, (a)3A(I-VIII) of the Subdivision Map Act, as their interest cannot ripen into a fee. 4. The signature of Southern California Edison Company, a corporation, easement holder(s) by deed(s) recorded March 14, 1980 as Instrument No. 80-258976 of Official Records, may be omitted if the name(s) and the nature of their interest are stated on the map and if not required by the governing body in accordance with Section 66436, (a)3A(I-VIII) of the Subdivision Map Act, as their interest cannot ripen into a fee. 5. The signature of Southern California Edison Company, a corporation, easement holder(s) by deed(s) recorded June 12, 2013 as Instrument No. 20130875589, of Official Records, may be omitted if the name(s) and the nature of their interest are stated on the map and if not required by the governing body in accordance with Section 66436, (a)3A(I-VIII) of the Subdivision Map Act, as their interest cannot ripen into a fee. Page 1 Our No.: 00008938-997-X19 NOTES A. A requirement that a copy of a final map be submitted to Chicago Title Company and to the county/city engineer for our final map check before we can issue a final subdivision guarantee. B. This Company will require a full copy of the Partnership Agreement and or a Certificate of Limited Partnership for the partnership owner and that of any General Partner thereof that is also a partnership be submitted for our examination for map and condominium plan signing purposes C. This Company will require the following documents for review prior to the issuance of any title assurance predicated upon a conveyance or encumbrance by First Industrial Realty Trust, Inc., a Maryland corporation A. A copy of the corporation By -Laws and Articles of Incorporation. B. An original or certified copy of a resolution authorizing the contemplated transaction. C. If the Articles and/or By -Laws require approval by a parent organization, a copy of the Articles and By -Laws of the parent. This report supersedes all previous reports. Page 2 Juarez, Debbie From: Sent: To: Subject: Attachments: Wilson, Kevin Thursday, January 02, 2014 12:29 PM Barcia, Ana; Juarez, Debbie Fwd: Bandini - Landscape Agreement -Recorded Landscape Maint Agrmt_Recorded_12.23.13.pdf; ATT4682237.htm Attached is a recorded copy of the license and maintenance agreement. Samuel Kevin Wilson Begin forwarded message: From: "Emily Mandrup" <emilym@pac-industrial.com> To: "Kevin Wilson" <kwilson@ci.vernon.ca.us>, "Larry Cochrun" <larryc@firstindustrial.com> Cc: "John Grace" <iohng@pac-industrial.com> Subject; Bandini -Landscape Agreement - Recorded Happy New Year! Attached please find a scanned copy of the recorded Landscape Agreement. Regards, Emily *Emily Mandrup * *I Development Manager* PACIFIC INDUSTRIAL a 6272 E. Pacific Coast Highway; Ste E Long Beach, CA 90803 C. 818.919.5336 www.pac-industrial.com [image: Pacific Industrial] [image: Twitter] <https://twitter.com/#%21/Pac Industrial> [image: Facebook] <https://www.facebook.com/pages/Pacific-Industrial/472678559427724> [image: LinkedIn] <http://www.linkedin.comlpub/dan-floriani/b/b35/886> [image: Stay Connected] <http://stgyconnected.pac-industrial.com/> W A I\ E321961 This page Is part of your document - DO NOT DISCARD of�os� 20131794009 I III II III II Illlf III II Illll lflll Illfl IIIII IIIII IIIII IIIII Ills Il if } 4 Recorded/Filed in Official Records Recorder's Office, Los Angeles County, California 12/23/13 AT 08:OOAM rig Pages: 0019 FEES: 69.00 TARES: 0.00 OTHER: 0.00 PAID: 69.00 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 LEADSHEET 201312230270001 00008684636 �IIO�YIINI�IIWINIIYI 005951162 SEQ: 01 DAR - Title Company (Hard Copy) II�WIN�I�IIII�IIIIIII�Ya�IYnNIN�R�N� ININ�RYINUIDNYGII�WN�IMIW��MMYI� THIS FORM IS NOT TO BE DUPLICATED A t72 A C4H1t'.AGQ TI T LcE-SUSDIVISICN 122312 13 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: `20131794009' First Industrial LP Attn: Larry Cochran 898 N Sepulveda Blvd, Suite 750 El Segundo, CA 90245 . (SPACE ABOVE FOR RECORDER'S USE) LICENSE AND MAINTENANCE AGREEMENT This License and Maintenance Agreement ("Agreement") is effective August 20, 2013, by and between First Industrial, LP, a Delaware limited liability company ("Owner") and the City of Vernon, a chartered municipal corporation ("City"). 1. Definitions. a. "Subject Property" means the real property depicted in attached Exhibit "A", The City has an easement for right of way purposes over the Subject Property. b. "Neighboring Property" means the property owned by Declarant located at 5553 Bandini Blvd., in the City of Vernon, California, more particularly described on attached Exhibit "B", and depicted and described on Parcel Map No. 71920, which was recorded in the Official Records of Los Angeles County, California. 2. Purpose of Agreement, a. Comply with Conditions of Parcel Map 71920. The ,City and the Declarant ("Parties") agree that on May 15, 2012, the Vernon City Council lawfully adopted City Resolution number 2012-66 to approve Tentative Parcel Map Number 71920, and that section 4.b. of that resolution contained a lawful condition that applied to Bandini XC, LLC. The Parties further agree that the condition now applies to Owner, because it owns the Neighboring Property. One purpose of this agreement between the City and Owner (the ".Parties") is to satisfy condition 4.b. b. Improve Subject Property, The Parties also wish to improve the appearance of the Subject Property. The Parties agree that this is a benefit to the Owner of the Neighboring Property and the City, and that the obligations of this Agreement shall run with the land, c. No prohibition of ingress and egress, This Agreement is not intended to cause Owner to lose or obtain, or in any way affect any rights that it may or may not have, to use the portion of the Subject Property currently occupied by a driveway, as a means to access the Neighboring Property to and from 26" Street. ACCOMMODATION 110355171,4) - 1 - RECORDING 10768.0002 d. No effect on City's Right of Way Rights. This Agreement is not intended to cause City to lose or gain, or in any way affect any rights that it may or may not have, to use the Subject Property for rights -of -way purposes. 3. Maintenance of Subject Property. a. Submit Landscaping Plan. Owner, at its sole cost and expense, shall submit a plan to the City proposing the improvements (e.g. sprinklers, driveway) that Owner proposes to install and maintain on the Subject Property at its sole expense ("Landscaping Plan"). Owner may remove all such improvements at any time, if doing so is consistent with the Landscaping Plan; and all applicable laws, including any water conservation ordinances. Owner shall own all improvements it installs on the Subject Property, and shall be solely responsible for their maintenance, and the maintenance of the Subject Property. Owner may propose revisions to the Landscaping Plan from time to time, and City may, in its unilateral and unfettered discretion approve or deny any such proposals. b. Maintain Landscaping: If the City approves the Landscaping Plan or amendments thereto, Owner shall plant, install and maintain the Subject Property in the manner described in the Landscaping Plan. In addition, Owner shall maintain the Subject Property at all times, in a neat, sanitary, and attractive condition, in compliance with the Landscaping Plan and all applicable laws (including all applicable ordinances, regulations, and conditions of applicable permits), and consistent with the maintenance standards of first-class industrial buildings in Los Angeles County, California. Such maintenance duties of the Owner include, but are not limited to the following: (a) keeping the Subject Property properly watered, maintained, replanted as necessary, pruned, and free from noxious weeds; (b) keeping any installed fixtures (e.g. irrigation systems, driveway) well maintained and in a safe and proper working order; (c) promptly removing and properly disposing of trash and debris; (d) promptly replacing or repairing, as appropriate, any property or plants damaged by graffiti or any other effects of vandalism; (e) repairing any degraded or damaged property; and (f) properly maintaining and repairing fencing, block walls, driveways, pavement, and all other exterior elements, including hardscape. c. License Granted to Owner. City shall grant Owner a license to use the Subject Property to the extent necessary to effectuate the activity authorized or required by this Agreement, d. Use only as Authorized. Owner shall not cause or allow the Subject Property to be used in any way except as expressly authorized by this Agreement. Owner shall not cause or allow the Subject Property to be or to become a dangerous condition of public property. 4. Failure to Comply with Agreement. If the Owner fails to comply with the requirements of this Agreement, the City may notify Owner of such violation. Within 30 days of the issuance of such notice, the Owner shall cure the violation. If the Owner fails (103SS771.4) - 2 - 10768.0002 to do so, the City in its sole discretion, may retain a maintenance contractor or use its own employees to maintain the Subject Property, or to take any other remedial actions necessary to cure the violation. The cost of such work, plus liquidated damages in the amount of $1,000 shall be billed directly to the Owner and shall be paid within 30 days of issuance of the notice. The City may place a lien on the Neighboring Property if such bills are not paid within that 30 day period. The Parties agree that damages for failure to promptly comply with this Agreement are difficult to quantify, and that the liquidated damages stated herein are a reasonable estimation of the damages that would be suffered by the City if Owner fails to comply with this Agreement. 5. Inspection and Assumption of Risk. Owner has completed a diligent inspection of the Subject Property, Owner warrants that it thoroughly inspected the Subject Property, accepts the Subject Property "as is", with all faults, assumes all risks, known and unknown relating to the Subject Property, acknowledges that City provides no warranties as to the condition of the Subject Property, and confirms City has no obligation to improve, maintain, or repair the Subject Property. fi. Indemnification, Defend & Hold Harmless. Owner shall, to the maximum extent permitted by law, indemnify, protect, defend, and hold harmless City and City's employees, elected officials, agents and assigns from and against any and all liabilities, claims, obligations, damages, expenses (including, without limitation, reasonable attorneys' fees and costs), causes of action, suits, claims and judgments arising out of or resulting from (a) injury or damage to persons or property on the Subject Property; (b)the use of the Subject Property by Owner and its 'employees, officers, directors, agents, representatives, invitees, and strangers; (c) damage caused to the Subject Property, including, without limitation, causing or permitting hazardous materials to be placed, stored, spilled, or left on the Subject Property; (d) Owner's breach of its obligations under this Agreement, and (e) Owner's actions. 7. Termination. This Agreement shall terminate only if the City sells, assigns, or transfers the Subject Property, or if the City provides the Owner with 90 days prior written notice of the termination of this Agreement. If such notice is provided, Owner, during the period between the termination of the Agreement and 20 days thereafter, at its sole risk, may remove all improvements it installed consistent with the Landscaping Plan that were not in existence in any form at the Effective Date. In addition, the City may within 45 days of the issuance of the notice, notify Owner of which property, including any plants, Owner must remove from the Subject Property at Owner's sole expense (City shall not use this clause to mandate the removal of any authorized driveway). Owner shall remove all such property from the Subject Property within 45 days of receipt of the notice. If Owner fails to remove said property, City may remove all said property, require payment of liquidated damages in the amount of $1,000, and place a lien on the property to recover the liquidated damages, plus any costs the City reasonably incurred in removing said property. 8. Recordation. Declarant shall cause this Agreement to be recorded on the Subject Property and on the Neighboring Property within 20 days of the effective date of this Agreement. (10355771.4) - 3 - 10768,0002 9. Assignment. Unless full ownership of the Neighboring Property is being changed, Owner shall not authorize any novation, or transfer or assign any of its rights or obligations under this Agreement or issue a license for the use of any part of the Subject Property without the prior written consent of City, which consent may be denied in the sole and absolute discretion of the City. This paragraph does not, however, require City authorization to use the driveway to gain ingress or egress to the Neighboring Property in a manner consistent with the expected and reasonable use of the driveway. If the full ownership of the Neighboring Property is being changed, Owner shall notify City of such change at least 20 days prior to the transfer of ownership. 10. Property taxes. Owner shall pay all taxes, if any, attributable to any property affixed or located on the Subject Property. 11. Utilities, Owner ~hall pay for any and a.11 utilities to he used by Owner on the Subject Property, including water. 12. Liens Prohibited. Owner shall not cause or permit any liens to be filed against the Subject Property, and shall cause any such lien that may be filed to be removed within 10 days after it has been filed. 13. Notices. Whenever a party to this Agreement is required or permitted to give or serve notice, request or demand to or on the other, such notice, request or demand shall be given or served upon the party to whom it is directed in writing and shall be delivered by overnight courier or forwarded by United States registered or certified mail, postage prepaid, posted in Los Angeles County, California, return receipt requested, and addressed as follows: If to City: City of Vernon Attn: Kevin Wilson, Director of Community Services & Water 4305 Santa Fe Ave. Vernon, CA 90058 If to Owner: First Industrial LP Attn: Larry Cochrun 898 N Sepulveda Blvd, Suite 750 El Segundo, CA 90245 Vernon, CA 90058 Notices delivered in such manner shall be deemed received upon actual receipt or refusal to accept delivery. Notice addresses may be changed by sending notice in accordance with the terms of this paragraph. (10355771.4) - 4 - 10768.0002 14. Insurance. At all times during the duration of this Agreement, Owner shall procure and maintain insurance in full compliance with the requirements set forth in Exhibit C to this Agreement. 15. Miscellaneous Provisions. a. Entire Agreement, This Agreement represents the entire agreement between the parties as to the matters contained herein, and supersedes all prior and contemporaneous discussions, negotiations, and writings. This Agreement may be modified only by an agreement in writing sighed by all the parties to this Agreement or their respective successors in interest. b. Attorney Fees to Prevailing Party. If either Party brings an action to enforce the terms hereof, or declare rights hereunder, the prevailing party in any such action, on trial or appeal, shall be entitled to its reasonable attorney's fees to be paid by the losing party as fixed by the court. c. California Law. This Agreement shall be governed by and construed under the laws of the State of California, without regard to conflicts of laws principles. d. City Retains Police Powers. Nothing in this Agreement shall be interpreted as limiting, in any way, the City's ability to exercise any of its police powers, to enforce any of its laws, or to otherwise act in its governmental capacity. For example, the city may still take action to enforce Resolution 2012-66, and all related conditions of approval applicable to Parcel Map number 71920. e. Waiver. No waiver by City of any provision hereof shall be deemed a waiver of any other provision. City's consent to or approval of any act shall not be deemed to render unnecessary the obtaining of City's consent to or approval of any subsequent acts by Owner. (signatures on next page) (10355771.4) - 5 - 10768.0002 IN WITNESS WHEREOF, this Agreement is executed by Declarant hereof as of the day and year first above written. DECLARANT: FIRST INDUSTRIAL LP, a Delaware limited liability company By: Name:!'.rloC�,'1y1� Its: CITY CITY OF VERNON, a chartered municipal corporation By: Name:W,M(C Lfj Ad WetwvKk Its: MAIJnr ATTEST: By: Name: Its: APPROVED AS TO FARM: Nicholas G. Rodriguez, City Attorney By: Scott E. Porter, Deputy City Attorney { I n355771.d f - 6 - 10768.0002 ACKNOWLEDGMENT State of California County of Los Angeles } On August 30 2013 before me, Linda M Bauer, Notary Public (insert name and title of the officer) personally appeared Larry D. Cochrun ------------------------------------- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)(3" subscribed to the within instrument and acknowled ed to me that9k� executed the same in &heFAhei authorized capacityoeo, and that by i N3eN##ei signatures) on the instrument the person(e), 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, UNr%M imny NpTARY RIOW • CAW FORPMA WITNESS my hand and official seal. COMIMSSION•t95t40 Ws MOEM Courin Comm. - Oct T. Z015 Epe Signature (seal) IN WITNESS WHEREOF, this Agreement is executed by Declarant hereof as of the day and year first above written. DECLARANT: FIRST INDUSTRIAL LP, a Delaware limited liability company By: zM�,,......, Name: Its: '?tit a _1�"aAAett�lM CITY CITY OF VERNON, a chartered municipal corporation r p� Name. W. Michael McCormick Its: Mavor ATTEST: By: Name: Ana Barcle Its: Deputy City Clerk APPROVED AS TO FORM: - !�a� AA&4 Nicholas G. Rodriguez, City Attorney By: Scott E. Porter, Deputy City Attorney {10355771.4} - 6 - 10768.0002 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On X-�/'7 1_? before me, Air It d llJ % 1CL/C e%9 %Vd 7�,ry Me Here insert Name and Tills of the Officer personally appeared 6AN A KARINA RUEOA +commisslon # 1900284 My-CPMM,_!jELjAuj19,2014f Notary Public California DLos Angeles County GfnICE r who proved to me on the basis of satisfactory evidence to be the perso%4 whose names is/0 subscribed to the within instrument and acknowledged to me that he/s,(e/th�ff executed the same in his/her/their authorized capacity(), and that by his/or/thpilir signatureW on the instrument the person or the entify 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. Signat re �- Place Notary Seal Above SignalCre of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document; 161-L' e, 4& Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual • Partner — ❑ Limited ❑ General Top of Thumb here • Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — q Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator. ❑ Other: Signer Is Representing: ® 2009 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1.800-876.6827) Item #5907 EXHIBIT "A" LEGAL DESCRIPTION OF THE SUBJECT PROPERTY EXHIBIT "A" THAT PORTION OF 26TH STREET AS SHOWN ON PARCEL MAP NO.63140 IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS FILED IN BOOK 341, PAGE 2 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF 26TH STREET, SAID CORNER ALSO BEING ON THE EASTERLY LINE OF THE PROPERTY CONVEYED TO THE CITY OF VERNON BY UNITED STATES POSTAL SERVICE, DEED INSTRUMENT NO. 02-3204897 RECORDED DECEMBER 30, 2002; THENCE FROM SAID CORNER, NORTH 24°09'51" WEST ALONG SAID EASTERLY LINE, 94,80 FEET TO AN ANGLE POINT ON SAID EASTERLY LINE; THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH 22013'50" EAST 6 FEET TO THE TRUE. POINT OF BEGINNING; THENCE ALONG, SAID EASTERLY LTNF, NORTH 22013'50" EAST 521.34 FEET TO THE SOUTHERLY LINE OF THE PROPERTY CONVEYED TO SOUTHERN CALIFORNIA EDISON COMPANY BY CITY OF VERNON, DEED INSTRUMENT NO. 06-0974816 OF OFFICIAL RECORDS, RECORDED ON MAY 3, 2006; THENCE SOUTH 85038' 12" WEST 124.60 FEET ALONG SAID SOUTHERLY LINE AND ITS WESTERLY PROLONGATION; THENCE SOUTH 03038'46" EAST 110.42 FEET TO A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 530.12 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 240I7'58", AND ARC LENGTH OF 224.83 FEET TO A TANGENT LINE; THENCE SOUTH 20039' 12" WEST 149.67 FEET; THENCE SOUTH 69°20'48" EAST 6.15 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING' AND RESERVING THE RIGHT TO BE EXERCISED BY GRANTOR AND BY OTHERS WHO HAVE OBTAINED PERMISSION OR AUTHORIZATION FROM GRANTOR SO TO DO, TO REMOVE, AND UNTIL REMOVAL, TO OPERATE, MAINTAIN, RENEW AND/OR RELOCATE ANY AND ALL EXISTING. WIRES, PIPES, AND OTHER UTILITY FACILITIES OF LIKE CHARACTER UPON, OVER OR UNDER THE SURFACE OF SAID REAL PROPERTY, CONSISTENT WITH THE RIGHTS GRANTED HEREIN, WITHOUT ANY INSTANCE BEING REQUIRED TO OBTAIN THE CONSENT OF GRANTEE, ITS SUCCESSORS AND ASSIGNS, THE SAME AS IF THIS GRANT DEED HAD NOT BEEN EXECUTED, AREA CONTAINS APPROXIMATELY 19,205 SQUARE FEET (0.4 ACRES). PAGE I OF 2 EXHIBIT "A" CURB 1%I I 28,21, 9, � N CURVE DATA a m No. DELTA RADIUS LENGTH n� Cl 24'17'58" 530.12' 224.83' z o� + x � 4E,69' 38,00 8,21, F -_-- I I v I R426,510 I PARCEL MAP R492.12--� NO. 63140 2821. BOOK 349 PAGES 1-3 1 90'0 ..00. r ry/ h ERLY & SOUTNERLY LINE EPD INST. NO. 06-09748/6 r £STAB. BY SAID DEED. �� 4 ♦V S 855812' W PROP, BW EASTERLY UNE OF 28TH STREET AS SHOWN IN PARCEL MAP NO. 0140 INST. NO. 06-1419880. O.R. REC ✓UNE 27,, 2006, 1,r 4B p pp821 R74,15 BB,pp, T.P.0.0. E a i� / EASTERLY LINE OF DEED INST. NO. '26 R67.09 02-J204897. O.R. REO. DEC. JO, 2002 1,011 57' 6.15, 6, 00, ESTABLISHED BY DEED 3 1S69*20' ' E N 22'IJ50' E / z a AREA APPROX. 19,205.0 SQ. FT. N 690y. EXHIBIT "B" LEGAL DESCRIPTION OF THE NEIGHBORING PROPERTY EXHIBIT "B" Lot 1 of Parcel Map No. 71920 as shown on the attached drawing. Page t of 2 sHEET 2 OF 2 SHEETS PARCEL MAP NO. 71920 PARTLY IN THE CITY OF BELL AND PARTLY IN THE CITY OF VERNON, COUNTY OF LOS ANGELES. STATE OF CALIFORNIA BEING A SUBDMSION OF A PORTION OF LOIS 92 AND 93 ANO A PORTION OF GAMMLD AVENUE AS VACATED BY AN �r ORDER OT THE BOARD Of SUPERVISORS Of LOS ANOELES COUNTY. REGOROEO IN BOON 10430. PAGE 32 OF OFFICIAL RECORDS OF $AT COUNTY, ALL IN RANCHO LAGUNA AS SHOWN ON A LAP FILED AS IY8181T 'A' IN CASE NO. µ*�.�cr 6-25296 OF ME SUPERIOR COURT OF THE STATE OF CAUFORNIA, LOS "FEES COUNTY. SCALE: 1"=10O' \�mNO dTO BANOINI BOULEVARD I PRNfAIEs sn 1-1/2' a.0. 9 30• IP. AND Twc, a nsa', mN4 CEUUIr PLUG, nusR 6 MOTES Y6uua T TEAM AS NOTED. ICJ Q )rye ` m FOUND $PIR AAD WASHER TAGGED 'IS 7524'. FLUSH. PER 0.5. 249/24. ACCEPTED AS DNAW COINER, PAACCL lAAP�P�4 BANOINI [D FOUND $MSS DISK TAGGED •FETE LS 3200'. fMI% Pig P.W& 341/1-3 00 R.S. 749/21. ADC EPIEP No. BOULEVARD AS INTERSECTION OF C.L. 26TH S1. AND WILY PROLpMN0R, WEST NNE, LOT 03. Aus AK ,(�' 0 r: <1DDT.ND•f '-'-. () TOM Ibp & TACK TACCm ILS 7526'. RUSH, IN LIED OF LFAD Y TACK TACO l] 1328' PER F.0B. (N5W22'15%y) 341/1-3Np RS. 240/24, (1004,77') ((Rsa09'51w)) [D MW CM OF VERNON NWS C* LowuENT N $ELL CU. 0.11, PER P.V B. NI/1-3 ADO H.S 219/74. [ ] FOUND SPIKE, FLU$K PER P.Y.]41/1-31FO FES, 249/24. ACCEPTED AS CL Mr- BAND O BLVD. AND VICINITY MAP - IST ST. Nor 10 SERE Nor TO SCALE- ® MUM MOP S AS AFAR IW..WASHER DTH BLVD. D. 40161, )UA A PER PATE 1127/3I9E, 3195 IJq &f. 2N/24. AMEPIFD A$ C,L NN.. &4I4BIN BLN7• AND AwIW F/NIMR7 WAY. SURVEYOR'S NOTES, E] FOUR CITY OF %VEMAT BRASS CAP N KILL PER A.S. 173/0-m AND CEATPM.EIE or CORRECTION PEC. AS 00. No. OIOD22S92, OA, LA CO. ACCEPTED M ByANEURf CORNER. (•) NNCATCS KOURED AM RECORD DATA PER Y••> 1871CATES YGSURED AND RECORD MA PEA P.Y.B. 31,/1-3. Q FOLIO $PIKE ARM WASHER EEO= 'ACE 82W. FA1$R PER P.Y.B. 202/72-74 AND R.S. 219/24. R.S. 249/24. uWSS ODO.LSE 1107[D. `Sf1f MOTES SLAACNEO: FOUND HOMING. SE11DD9tD ACCEPTED A5 C.L LC., IT/CEA WAY. (....( VOC TES RECORD CAU PER P.S. 249/24. 6MIGAICS Nor TO SDI.[. rum 2' LP. moom 'LS 7526. FLEW. N LIEU OF LEAD A 104K TACCCO 14 132V PER P.Y.A. MOTESES RECORD DPG PER PY.B. KI/I-!. ((-sI INDICATES RECORD DATA PER ITS, Iu/63-64. ' MOTES THE 9O% Or TIC WIY LUNG OEM SUBgADED BC THIS WP. ]fU/1-] [9l POUND2' LP. TPTED 'L5 7 RUSH, N LED OF TOO k TACKDCS(D 15 7l26' PER P.Y.A. ON JII/I-J. ALCLPB71 ASPONI W IAIf- ' FOND LEAD 8 TACIT TAGGED' 5 7328'. FLUSH, P.90 341/1-3, rum I+I/1' BRAST OAP. RUSH. PER LA ca. RD, r.B. 1123-1404 NM A.S. 249/24. ® FOUND CAL ON, MS. NWS CAP N WELL PEA LA CO. RD, F.8. 1123-1404 AND KS 249/24. F ° 8133M EASELLN_T NOTES: �-• / N6Y22'p7Y-I6P25'_ _ - 4G4.93' - '^ ` - - - •-' - - QI FDB SIgW COUNT( IN FAVOR 0P L97 •-- (N6a27'13'8 97l.19') "` 1 FLOOD C TR L DIIF]R NO. 7-Kemses134608 . OA. ROW CONTROL ASIAMI PER EST. NO. /HIN6680, KC. 17-01-197i, OA. ® NoIG9IC5 AN fAST. NE PUBLIC V 14 FAItlN OC SWDNAH CNXgINW Cw6M2 DETAIL "B" CC. 3 COYPNrt PCAYtSi. No BO-25T976, ACC. 3-I/-1980. O.R. 50 $CALF: 1,50. ^ TJ MOTES AN USI7D4 FOR PLOESIPUN PLRPO'AES N FAVOR OF WE COY Of BOLL PER MIT WAR. ((R5756'22'w 490.12T1 - ` �ao0'mw wG.u' 26TH�STREET�� --- -_--_ ESTA WHERE SHED BALM INICRSfCTMN. IT"m s 3 I I Iz o� =� z � J P41 �� / b• l (R6977 uYj^ QQ t • YI PAAC,EDESCRIBED 646 OF OTTICK RECORDS OF RECORDED ANGELLES COUNTY. R NNrWQ7'w au.34' (716759.46w 813.111 MED BY AN ORDER OF THE B RASORS OF LOS ANGELESDARD COUNT(. RECORDED IN BOOR 10430. PACE 32 OF OFFMAL ACCORDS OF SAID COUNTY) "ESTA83S1ED BF INTERSECTION.��P �R I a1 � T? AS PROPERTY DESCRIBED IN W LVABLISHED INSTRUMENT NO. 20110$94625, RECORDED 4-25-2011. U.R. 0 $ ED [j PARCEL 1 21.20 AC., NET >�¢ 21.25 AC.. BOSS y I l-L/-SCE WAX Ir. HEREON Y66-,lp�8,7 n 59.59' It39.R!')- (261 1.96,( ((267.97'j) - - (N69'2713'w 073.19') (N6a22 3'A 1179.16) 614.{)' - 4091 - '.g 30-IS'� 1.[; (hgTS)'19YD _' 114991 S A (1175.39•) MOM BOULEVARD �( - " � _ �- T BANDINI BLVD. AS SHOWN ON PARCEL NAP NO. PARCEL MAP Ei0. III 120/36-110. PARCEL LpP N0. 106, P.U.B. 202/72-74. PARCEL UAP NO. 63140, 341/1-3, AND R.S. 173/63-64. �I� 7 �I Page 2 6f 2 EXHIBIT C — INSURANCE Insurance Requirements — Landscape Encroachment Agreement The City of Vernon ("City") and First Industrial, LP, a Delaware limited liability company ("Licensee") agree that Licensee shall cause its General Liability Insurance to be in force for the life of this agreement. The amounts of this insurance will be determined by the City of Vernon on an annual basis and the Licensee will file proof thereof with the City Clerk, which proof shall ill('11 it thcs fnllnwinL;: 1. A standard Certificate of Liability 2. Additional Insured Endorsement Naming the City of Vernon, its Officers, Agents, Employees and Volunteers, or an .Additional Insured Endorsement per written agreement. MINIM UM SCOPE AND LIMITS OF INSUR ANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00- 01 covering CGL on an `occurrence" basis, including property damage, bodily injury and personal injury with limits no less than $1,000,000 per occurrence, with a general or annual aggregate of $2,000,000. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. For General Liability, the City, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of ownership, maintenance, or use of that part of the premises leased to the Licensee. 2. The Licensee's insurance coverage shall be primary insurance. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Licensee's insurance and shall not contribute with it. 3. The Licensee's insurance shall be non-contributory and shall not seek contribution from any policy(s) the City of Vernon has in place. 4. Each insurance policy required above shall contain, or be endorsed to contain, a waiver of all rights of subrogation against the City. 5. Each insurance policy shall be endorsed to state that coverage shall not be canceled except after thirty (30) days' prior written notice (10 days for non-payment) has been given to the City. Page 1 of 2 EXHIBIT C -- INSURANCE Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the City. Deductibles and Self -Insured Retentions Any deductibles or self -insured retentions must be declared to and approved by the City. At the option of the City, either: the Licensee shall obtain coverage to reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Licensee shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Verification of Coverage Licensee shall furnish the City with original certificates and endorsements or copies of the applicable policy language providing the insurance coverage required above. All certificates and endorsements are to be received and approved by the City before Licensee occupies (or upon expiration of current policies that may be on file with the City) the premises. However, failure to obtain the required documents prior to utilizing the premises shall not waive the Licensee's obligation to provide them. The City shall retain the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Waiver of Subrogation Licensee hereby grants to the City a waiver of any right to subrogation which any insurer of said Licensee may acquire against the City by virtue of the payment of any loss under such insurance. This provision applies regardless of whether or not the .City has received a waiver of subrogation endorsement from the insurer. Special Risks or Circumstances The City may modify these requirements at any time, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Page 2 of 2 CERTIFICATE OF AUTHORITY FIRST INDUSTRIAL REALTY TIJUST INC. FIRST INDUSTRIAL L.P. FIRST INDUSTRIAL INVESTMENT II .LLC FR INVESTMENT PROPERTIES, LLC 1, John W. Lee, do hereby certify that as of the date hereof J I ana (lie duly elected and incumbent General Counsel and Secretary of First Industrial Realty Trust, Inc., a Maryland corparation (the "Corporation") and as such officer I am authorised to make the certifications herein made. 2. The Corporation is the sole general partner of First Industrial, L.P, ("FILP"), 3. FILP is the sole member of First Industrial Investment Properties II, LLC 4. 1`1I11 is the managing member of FR Investment Properties, LLC ("FRIP"). 5. Larry Cochran is a Director of Development for the Corporation for its California operations and is a duly authorized signatory of the Corporation and its affiliates, including, without limitation, FILP, FIIII and 1~RIP (each an "FI Affiliate,,), with all requisite authority on behalf of the Corporation and any FI Affiliate to execute any and all agreements, instruments and other documents necessary, appropriate or convenient to manage, operate and otherwise carry out the nortnal and customary, day-to-day California -based development operations of the Corporation and its FI Affiliates, including, without limitation, obtaining and maintaining all requisite licenses and permits, subject to the limitations set forth in the Corporation's Delegation of Authority Policy. IN WITNESS WHEREOF, I have Sworn to and su rrte1 's'�" day, NdJ My CertlficateofAuthorlty (CA 8-5,13) before it 2013. Certificate this 5'h day of August, 2013. ..Lee OFFICIAL SEAL STEFANIA C SUCIU Notary Public - 8191e of Illinois My Commisslon Expires May 3, 2017