14-F
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Jim DellaLonga, Director of Economic Development
SUBJECT: Consideration and possible action to receive and file Exclusive Negotiation Agreement File No. 1007 with Omar Romero, Inc. dba Taco Nazo for the development of the former Bank of the West site at 16824 Bellflower Boulevard.
DATE: August 28, 2023
EXECUTIVE SUMMARY
The City entered into Exclusive Negotiation Agreement File No. 1007 with Omar Romero, Inc. dba Taco Nazo (Taco Nazo) on August 9, 2023 to purchase and develop the City-owned former Bank of the West site. The purpose of this Agreement is to provide time to Taco Nazo to negotiate a purchase and sale agreement with the City and to devise a viable development plan for the site.
RECOMMENDATION TO THE CITY COUNCIL
1) Receive and file Exclusive Negotiation Agreement File No. 1007; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
None at this time.
DISCUSSION
Taco Nazo and the City will have six months to negotiate the terms of a purchase and sale agreement for the former Bank of the West site located at 16824 Bellflower Boulevard. The City Manager, on behalf of the City, is authorized to approve a three-month extension to the agreement.
ATTACHMENT
Agreement File No. 1007 ................................................................................................ 2
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DocuSign Envelope ID F32B4E99-F648-4AB3-85AC-98C3B5A734D6 AGREEMENT FILE NO. 1007
EXCLUSIVE NEGOTIATION AGREEMENT
BY AND BETWEEN
THE CITY OF BELLFLOWER
AND
OMAR ROMERO,INC.
This Agreement is entered into this 9th day of August, 2023 ("Effective Date"), by and between the City of Bellflower, a general law city and municipal corporation ("City") and Omar Romero, Inc.,a California corporation dba Taco Nazo("Developer"),on the terms and provisions set forth below. Developer and City are sometimes collectively referred to as the "Parties" and each, individually,may be referred to as a"Party."
1. RECITALS. The Parties enter into this Agreement in light of the following facts and objectives:
A. Developer seeks to purchase and develop an approximately 30,998 square foot site of real property owned by City located at 16824 Bellflower Blvd. in the City of Bellflower, California (the "Property"), which is currently occupied by a vacant former bank building and associated parking lot and drive-through area.The Property is legally described in attached Exhibit A,"which is incorporated by reference. Developer seeks to enter into an agreement with City to conduct exclusive negotiations with City regarding the purchase or lease and development of the Property.
B. Developer desires to construct tenant improvements to convert the site to a restaurant and drive-through use on the Property(the"Project").
C. The Parties acknowledge that the Project will require certain entitlements to be obtained from City including, without limitation, acts such as a conditional use permit and an administrative use permit both of which will require environmental review pursuant to the California Environmental Quality Act("CEQA").
D. City believes it is in the public interest to enter into exclusive negotiations with Developer regarding the potential disposition of the Property.
2. CONSIDERATION. The Parties agree to strictly comply with the recitals and mutual covenants and conditions contained in this Agreement.
3. TERM.The term of this Agreement commences as of the Effective Date of this Agreement and terminates pursuant to the terms of Section 5 (the "Term"), provided that either Party may, before the Term expires, exercise a one time option to extend the Term of this Agreement, on the same terms and conditions set forth hereunder, for an additional three month period by delivering written notice of its election to extend the Term to the other Party. In the event a Party elects to exercise its right to extend the Term as provided herein,the other Party must approve such election to extend the Term, which approval may not be unreasonable withheld, conditioned, or delayed. - Page 2 of 18 -
DocuSign Envelope ID:F32B4E99-F648-4AB3-85AC-98C3B5A734D6 City of Bellflower
Agreement File No. 1007
Omar Romero, Inc.
The City Manager is authorized to approve Developer's written election to extend the Term of this Agreement for such additional three month period.
4. NOTICE OF DEFAULT AND OPPORTUNITY TO CURE.
A. Should there be a default in performance by a Party, the non-defaulting Party must provide written notice of such default to the defaulting Party.Notice must specify the nature of the event or deficiency giving rise to the default;the action required to cure the deficiency;if an action to cure is possible; and a date not less than thirty (30) calendar days from the date of the notice within which action to cure must be taken.
B. Notwithstanding anything to the contrary, any default does not constitute cause to terminate this Agreement if the defaulting Party cures, corrects or remedies the default within the time period required in the notice or other agreement between the Parties. In the case of a default by either Party,the alleged defaulting Party must promptly commence to cure the identified default and must complete the cure within thirty days after receiving the notice of default. The thirty day cure period for a default may be extended as is reasonably necessary to remedy such default, provided that the alleged defaulting Party commences such cure promptly after receiving the notice of default and continuously and diligently pursues such remedy at all times until such default is cured.
5. TERMINATION. Subject to Section 3, this Agreement may terminate under the following circumstances:
A. One hundred twenty days after the Effective Date of this Agreement; B. By a Party upon the uncured default of the other Party; C. By Developer upon giving City 30 days prior written notice of its intent to terminate this Agreement; or
D. The Parties entering into a purchase and sale agreement or other disposition document.
6. EXCLUSIVE NEGOTIATIONS.
A. City agrees that, during the Term (or any extension or tolling of the Term) and provided that Developer is not in uncured default of any of its obligations under this Agreement, it will negotiate exclusively (except with regard to negotiations held pursuant to the Surplus Property Disposition Law) and in good faith with Developer concerning the disposition of the Property to Developer. Developer further acknowledges that City representatives, from time to time, may be contacted by other developers respecting the Property, and that communication with those developers is expressly permitted provided that City and its representatives inform those developers of the existence of this Agreement and City's obligations, and do not actively engage L
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DocuSign Envelope ID:F32B4E99-F648-4AB3-85AC-98C3B5A734D6 City of Bellflower
Agreement File No. 1007
Omar Romero, Inc.
in negotiation with respect to the Property(except as required by the Surplus Property Disposition Law or other applicable law).
B. Developer understands and agrees that City is a public entity and must comply with, without limitation, the California Public Records Act("PRA"). Each Party agrees that any and all financial data, reports and documentation supplied by one Party ("Disclosing Party"), or its affiliates or third parties on its behalf,to the other Party under this Agreement("Receiving Party"), which are confidential cannot be disclosed or otherwise disseminated by the Receiving Party without the consent of the Disclosing Party except as required by law including,without limitation, the PRA. For this Section to apply, the Disclosing Party must mark or label its confidential information as "Confidential and Proprietary." City agrees to inform Developer of any request filed in accordance with the PRA to obtain documents labeled Confidential and Proprietary and Developer may determine whether to oppose disclosure of such documents. Under any such circumstance,Developer must defend,indemnify and hold harmless City and its officers,officials, employees and agents against and from a challenge under the PRA.
7. SCOPE OF NEGOTIATIONS.
A. During the Term,the Parties agree to diligently negotiate in good faith the purchase price and terms of a purchase and sale agreement for the conveyance of the Property from City to Developer. In furtherance of and to facilitate the negotiations of the purchase price of the Property, City may, at its sole expense, hire an appraiser to conduct an appraisal or other valuation method to determine the fair market value of the Property, provided that Developer may, concurrently or immediately after City concludes its appraisal of the Property, at Developer's sole expense, also hire an appraiser to conduct its own appraisal of the Property to determine its fair market value.
The purchase price of the Property must be acceptable to both Parties in their respective sole and unfettered discretion and identified as a firm/fixed price in the purchase and sale agreement Purchase Price").
B. The good faith negotiations agreed to between the Parties requires each to reasonably communicate with the other.This will include all methods of communication including via telecommunications (fax, phone, e-mail, etc.), face-to-face meetings between the Parties' representatives, and written correspondence.
8. DEVELOPER RESPONSIBILITIES.
A. Developer may at its discretion conduct such tests, surveys and other analyses of the Propertyydurin the Term as Developer deems necessaryto determine the feasibility of the Project. Any entry by Developer or its agents onto the Property is subject to, and conducted in accordance with, all applicable laws, statutes, rules and regulations. Developer must promptly restore the Property to its previous condition before any such entry, test, or investigation occurred or was performed. Developer or its agents may undertake borings or other disturbances of the soil with City's prior written approval(not to be unreasonably withheld),provided that the soil borings - Page 4 of 18 -
DocuSign Envelope ID:F32B4E99-F648-4AB3-85AC-98C3B5A734D6 City of Bellflower
Agreement File No. 1007
Omar Romero, Inc.
and other disturbances must be sealed and closed using materials and techniques that conform with all applicable laws, statutes, rules and regulations and industry and governmental standards, and the soil must be recompacted to the condition immediately before any such borings were undertaken. Upon receipt of a written request, Developer and City must each provide the other with access to all data and information concerning the physical condition of the Property which is available to it and of which it is aware, but without representation or warranty as to the accuracy of such data or information.
B. City licenses Developer to enter, on the terms and conditions in this Agreement, the Property. City's action is not, and should not be construed to be, a conveyance of a property interest or a lease; it is a license to use property only.
C. When Developer seeks to exercise its license for entering the Property, its use is limited as follows:
i.City may change, amend, or terminate Developer's use of Property at any time, and in its sole discretion, verbally or in writing. ii. Developer must comply with City's representative's directives as to time, place and manner of accessing the Property including,without limitation, accessing the Property during business hours and those times that do not unduly interfere with City's ongoing business operations.
iii. Developer may engage in limited testing as approved by City for the purposes of assessing the fair market value of the Property. Examples of such testing including, without limitation, soil sampling and boring.
B. All applications for land use entitlements for the Project are Developer's responsibility at its sole expense. City may, but is not required to, reasonably cooperate with Developer to assist in acquiring land use entitlements from City at Developer's expense.
9. INDEMNIFICATION.
A. Developer agrees to the following:
i.Indemnification for Professional Services. Developer will save harmless and indemnify and at City's request reimburse defense costs for City and all its officers,volunteers,employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by Developer or any of Developer's officers, agents, employees, or representatives, in the performance of this Agreement, except for such damages arising from City's sole negligence or willful misconduct. - Page 5 of 18 -
DocuSign Envelope ID:F32B4E99-F648-4AB3-85AC-98C3B5A734D6 City of Bellflower
Agreement File No. 1007
Omar Romero, Inc.
ii. Indemnification for other Damages. Developer indemnifies and holds City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement,or its performance. Should City be named in any suit,or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, except for such damages arising from City's sole negligence or willful misconduct.
Developer will defend City(at City's request and with counsel satisfactory to City)and will indemnify City for any judgment rendered against it or any sums paid out in settlement or otherwise, except for such damages arising from City's sole negligence or willful misconduct.
B. For purposes of this section "City" includes City's officers, officials, employees, agents,representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.
D. The requirements as to the types and limits of insurance coverage to be maintained by Developer as required by Section 12,and any approval of said insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Developer pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
10. DEVELOPER REIMBURSEMENT OF CITY COSTS.
A. Developer and City agree that Developer must pay for all administrative, legal,and other costs associated with the negotiation and administration of this Agreement including, without limitation, staff time not to exceed$10,000)(collectively"City Costs"). Provided, however, that if City's actual costs reach $9,500 and Developer fails to increase the City Costs, then this Agreement will terminate. Such City Costs must be reimbursed either at the termination of this Agreement or before City issues a certificate of occupancy for a future project on the Property, at City's option.
B. City must provide 10 business days' prior written notice to Developer of City's intent to engage any other third party (excluding City's legal counsel) or authorize any other work (excluding work by City's legal counsel relating to the Project), the cost of which is reasonably anticipated by City to exceed $1000. Developer is entitled to review and comment(but not approve)on any contract or scope of work(or amendment or change order to such agreements)that City intends to enter with a third party(excluding City legal counsel) with respect to this Agreement or the Project before City entering such contract or agreeing to such scope of work. If Developer has a good faith and bona fide dispute as - Page 6 of 18 -
DocuSign Envelope ID:F32B4E99-F648-4AB3-85AC-98C3B5A734D6 City of Bellflower
Agreement File No. 1007
Omar Romero, Inc.
to a charge incurred as City Costs(excluding City legal counsel),then City must meet and confer with Developer in a good faith effort to resolve such dispute. If,after such meeting, City agrees with Developer,City must cooperate with Developer in seeking credit or offset from third parties to whom City Costs are paid. To the extent practicable, any third party contract (excluding City's legal counsel) must name Developer as an intended third party beneficiary.
C. Upon City's receipt of written notice from Developer to stop work(or temporarily suspend work) on the Project, City must promptly direct all of City's staff, attorneys, Developers and other professionals to stop work thereon; provided, however, that such a notice to stop work(or temporarily suspend work)does not constitute Developer's election to terminate this Agreement absent a specific statement to that effect;and,provided further, that the Developer agrees and acknowledges that:
i.Depending upon the terms of the contract(s) governing the work to be performed by such Developers and other professionals (excluding City's attorneys), such Developers' and other professionals' stopping work on the Project may or may not result in City incurring costs therefor, and Developer is responsible for such costs that are actually incurred and to which a third party has a contractual right to payment; and
D. Should Developer fail to perform any of its obligations under this Section,then City may, at its option, pursue any one or more or all of the remedies available to it under this Agreement,at law or in equity. Without limiting any other remedy which may be available to it, if Developer fails to perform any of its obligations under this Agreement, City may cease performing its obligations under this Agreement and may bring an action to recover all costs and expenses incurred by City together with interest from the date incurred at the rate of ten percent(10%) per annum.
11. HAZARDOUS/TOXIC WASTE. City has not, nor, to City's knowledge, has any third party used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of,any Hazardous Material(as defined below)on,under,about or within the Property in violation of any law or regulation. Developer agrees that it will not use, generate, store or dispose of any Hazardous Material(as defined below)on, under, about or within the Property in violation of any law or regulation. Developer agrees to defend and indemnify City, to the extent stated below, against any and all losses,liabilities,claims and/or costs arising from any breach of any Developer warranty or agreement contained in this Section. As used in this Section, "Hazardous Material" means any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation(including petroleum and asbestos). - Page 7 of 18 -
DocuSign Envelope ID:F32B4E99-F648-4AB3-85AC-98C3B5A734D6 City of Bellflower
Agreement File No. 1007
Omar Romero, Inc.
12. INSURANCE.
A. Before commencing performance under this License, and at all other times this License is effective, Developer will procure and maintain the following types of insurance with coverage limits complying, at a minimum,with the limits set forth below:
Type of Insurance Limits (combined single)
Commercial general liability: 2,000, 000
Workers compensation Statutory limits
B. Commercial general liability insurance will meet or exceed the requirements of the most current ISO Forms. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed"primary"such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable except upon thirty (30) days prior written notice to City except for nonpayment of premiums which may be cancelable upon ten(10)day notice.
C. Developer will furnish to City duly authenticated Certificates of Insurance and Endorsements evidencing maintenance of the insurance required under this License and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of"A:VII." Certificate(s)must reflect that the insurer will provide thirty day notice of any cancellation of coverage. Developer will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word"endeavor"with regard to any notice provisions.
D. Should Developer, for any reason, fail to obtain and maintain the insurance required by this Agreement,City may obtain such coverage at Developer's expense and charge the cost of such insurance to Developer under this Agreement or terminate.
E. All policies required by this Agreement must allow City, as additional insured, to satisfy the self-insured retention("SIR")and deductible of the policy in lieu of Developer(as the named insured) should Developer fail to pay the SIR or deductible requirements. The amount of the SIR or deductible is subject to the approval of the City Attorney and the Finance Director. Developer understands and agrees that satisfaction of this requirement is an express condition precedent - Page 8 of 18 -
DocuSign Envelope ID:F32B4E99-F648-4AB3-85AC-98C3B5A734D6 City of Bellflower
Agreement File No. 1007
Omar Romero, Inc.
to the effectiveness of this Agreement. Failure by Developer as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Developer's behalf upon the Developer's failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against DEVELOPER for breach of this Agreement in addition to any other damages incurred by City due to the breach.
13. NOTICES. All communications to either Party by the other Party must be deemed made when received by such Party at its respective name and address, as follows:
City: City of Bellflower
16600 Civic Center Drive
Bellflower, California 90706
Attention: Director of Economic Development
With a copy to:
Karl H. Berger, City Attorney
Burke,Williams & Sorensen
444 South Flower Street, Suite 2400
Los Angeles, CA 90071-2953
Developer:
Omar Romero, Inc. dba Taco Nazo
12631 Imperial Hwy, Suite B115
Santa Fe Springs, CA 90670
Attn: Jeric Rivera, COO
With a copy to:
Javier F. Gutierrez, Developer Attorney
Guido I. Piotti, Developer Attorney
Stuart Kane LLP
620 Newport Center Drive, Suite 200
Newport Beach, CA 92660
Any such written communications by mail must be conclusively deemed to have been received by the addressee five days after the deposit thereof in the United States Mail,postage prepaid and properly addressed as noted above.
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DocuSign Envelope ID:F32B4E99-F648-4AB3-85AC-98C3B5A734D6 City of Bellflower
Agreement File No. 1007
Omar Romero, Inc.
14. ASSIGNMENT. This Agreement cannot be assigned by Developer without City Manager's prior written approval in his sole, absolute and unfettered discretion, except that approval must not be required for a wholly-owned successor-in-interest formed, owned, and operated by Developer for the express purpose of fulfilling the obligations set forth in this Agreement.
15. INTERPRETATION/VENUE. This Agreement and its performance will be governed, interpreted,construed and regulated by the laws of the State of California. Exclusive venue for any action arising from this Agreement will be in Los Angeles County Superior Court.
16. EXCLUSIVE REMEDY. Declaratory and injunctive relief and specific performance must be the sole remedies available to the Parties and each Party understands and agrees that it cannot seek damages of any nature or type against the other Party except City can seek damages for any physical harm caused to the Property by Developer, as further described in Section 8.A.
17. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the Parties as to the matters covered in this Agreement. There are no other understandings,terms or other agreements expressed or implied, oral or written.
18. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable,then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.
19. COVENANT AGAINST DISCRIMINATION. Developer cannot discriminate against nor segregate, any person, or group of persons, on account of sex, race, color, age, marital status, religion, handicaps, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor must Developer establish or permit any such practice or practices of discrimination or segregation in the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Property.
20. CONSTRUCTION.This Agreement must be construed as a whole and in accordance with its fair meaning and without regard to any presumption or other rule requiring construction against the Party preparing this Agreement.This Agreement supersedes any prior understanding or written or oral agreements between the Parties hereto respecting the subject matter and contains the entire understanding between the Parties with respect thereto. This Agreement is the result of negotiations between the Parties who are each represented an attorney. This Agreement must be interpreted as though it was jointly drafted by the Parties, and it must not be construed against a Party based upon the Party that drafted any particular section,phrase or word of the Agreement.
21. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to - Page 10 of 18 -
DocuSign Envelope ID: F32B4E99-F648-4AB3-85AC-98C3B5A734D6 City of Bellflower
Agreement File No. 1007
Omar Romero, Inc.
engage in the actions described herein. This Agreement may be modified by written amendment.
Any such amendment must be approved by City Council.
22. COUNTERPARTS. This Agreement may be executed in any number or counterparts, each of which will be an original,but all of which together will constitute one instrument executed on the same date.
23. FORCE MAJEURE.Performance by either Party(who is not otherwise in uncured default) must not be deemed to be in default and the Term must be extended where delays or defaults are due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, casualties, supernatural causes acts of the public enemy, terrorism, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions on priority, unusually severe weather, inability to secure necessary labor, materials or tools, delays of any contractor, subcontractor or supplies, acts of the other Party, or any other causes beyond the reasonable control or without fault of the Party claiming extension of time to perform.Notwithstanding the foregoing,inability to secure satisfactory financing or market and economic conditions must not entitle Developer to an extension of time to perform. An extension of time for any such cause must be for the period of the enforced delay and must commence to run from the time of the commencement of the cause, if notice by the Party claiming such extension is sent to the other Party within twenty (20) days of knowledge of the commencement of the cause.
Signature Page Follows]
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DocuSign Envelope ID:F32B4E99-F648-4AB3-85AC-98C3B5A734D6 City of Bellflower
Agreement File No. 1007
Omar Romero,Inc.
CITY OF BELLFLOWER, OMAR ROMERO,INC. DBA
a general law city a • nicipal TACO NAZO,a California corporation. / Corporation
Coocosianea by:
P-war u^o
By: Jefjay :tewart,City Manager Omar Romero, CEO Date: lc 3
Attest:
X
ate.re ' iqui, ity perk
i
APP'
e.
if/)7r FORM:
6 ;
Karl H.Bert • ity Attorney
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DocuSign Envelope ID. F32B4E99-F648-4AB3-85AC-98C3B5A734D6 City of Bellflower
Agreement File No. 1007
Omar Romero,Inc.
EXHIBIT A
Property Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF
BELLFLOWER, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THE SOUTH 125 FEET OF LOTS 375, 376, 377 OF SOMERSET ACRES AS PER MAP RECORDED IN BOOK 14 PAGE 105 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT FROM LOT 375,THE EASTERLY 63 FEET THEREOF.
EXCEPT THE EASTERLY 1.10 FEET OF THE WEST HALF OF THE SOUTHERLY 125 FEET OF LOT 375 RESERVING TO THE FIRST NATIONAL BANK OF BELLFLOWER AN EASEMENT FOR FENCE PURPOSES.
PARCEL 1A:
AN EASEMENT FOR THE RIGHT OF INGRESS AND EGRESS OVER THE WESTERLY 20 FEET OF THE NORTHERLY 176.57 FEET OF LOT 376.
EXCEPT THEREFROM THE NORTHERLY 10 FEET OVER WHICH AN EASEMENT HAS BEEN GRANTED TO COUNTY OF LOS ANGELES, FOR WIDENING FLOWER STREET.
PARCEL 2:
THE NORTH 20 FEET OF THE SOUTH 115 FEET MEASURED FROM THE NORTH LINE OF MAPLE AVENUE, 60 FEET WIDE, AS NOW ESTABLISHED OF LOT 377 OF SOMERSET ACRES SHEET NO. 7, AS PER MAP RECORDED IN BOOK 14, PAGE 105 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT ALL URANIUM, THORIUM AND ALL OTHER MATERIALS DETERMINED PURSUANT TO SECTION 5 (B) (1) OF THE ATOMIC ENERGY ACT OF 1946 (60 STAT. 761) TO BE PECULIARLY ESSENTIAL TO THE PRODUCTION OF FISSIONABLE
MATERIAL, CONTAINED, IN WHATEVER CONCENTRATION, IN DEPOSITS IN SAID
LAND AS RESERVED FOR THE USE OF THE UNITED STATES IN DEED RECORDED NOVEMBER 12, 1952 AS INSTRUMENT NO. 3415.
APN: 7109-014-012 and 013
Street Address: 16824 Bellflower Boulevard
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DocuSign
Certificate Of Completion
Envelope Id:F32B4E99F6484AB385AC98C3B5A734D6 Status:Completed Subject:Signature Requested:AFN 1007 Taco Nazo ENA
Source Envelope:
Document Pages:12 Signatures: 1 Envelope Originator:
Certificate Pages:5 Initials:0 City Clerk
AutoNav:Enabled 16600 Civic Center Drive
Envelopeld Stamping: Enabled 16600 Civic Center Drive
Time Zone:(UTC-08:00)Pacific Time(US&Canada) Bellflower,CA 90706 [email protected]
IP Address: 198.24.206.226
Record Tracking
Status:Original Holder:City Clerk Location:DocuSign
8/11/2023 2:38:34 PM [email protected]
Signer Events Signature Timestamp
Omar Romero DOCu51pni°°y Sent:8/11/2023 2:43:05 PM
[email protected] tial" rO4ttio Viewed:8/13/2023 4:06:20 AM 1/4.-0198893431EF452.
Security Level:Email,Account Authentication Signed:8/13/2023 4:07:04 AM None)
Signature Adoption:Pre-selected Style
Using IP Address:45.49.193.245
Signed using mobile
Electronic Record and Signature Disclosure:
Accepted:8/13/2023 4:06: 20 AM
ID:5f3f5d94-9fcb-47ea-b40a-f7a96b831 c12
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Jim DellaLonga
COPIED
Sent:8/11/2023 2:43: 05 PM
[email protected]
Security Level:Email,Account Authentication
None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 8/11/2023 2:43:05 PM
Certified Delivered Security Checked 8/13/2023 4:06:20 AM Signing Complete Security Checked 8/13/2023 4:07:04 AM
Completed Security Checked 8/13/2023 4:07:04 AM
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Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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Electronic Record and Signature Disclosure created on:6/8/2020 10:47:26 AM Parties agreed to:Omar Romero
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If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
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Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure,we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process,please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
How to contact City of Bellflower:
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:
To contact us by email send messages to: [email protected] To advise City of Bellflower of your new email address
To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your account preferences.
To request paper copies from City of Bellflower
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Bellflower
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
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i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and(i)that you are able to print on paper or electronically save this ERSD for your future reference and access; or(ii)that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to `I agree to use electronic records and signatures' before clicking 'CONTINUE' within the DocuSign system.
By selecting the check-box next to `I agree to use electronic records and signatures', you confirm that:
You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
Until or unless you notify City of Bellflower as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Bellflower during the course of your relationship with City of Bellflower.
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