DECLARATION OF CITY -OWNED LAND AS EXEiTIPT S#RPL#S LARD
UNDER THE STATE OF CALIFORNIA SURPLUS LAND ACT
FEBRUARY 8, 2022
PAGE 2
Under the RUA, the City is obligated to "restrict its use of the [Property] as follows: a) City shall maintain the [Property] as a parking lot only, open for parking to the public ... ; b) City shall not reduce ihe number of parking spaces or otherwise restrict parking in the [Property]; ... e) City shall not build or permit the building of any improvements on the [Property] which would (i) reduce or modify the current number of parking spaces in the [Property], (ii) restrict or interfere with access to the [Property], or (iii) in any way impair the [retail site that uses the Property for parking], including any signage from being viewed by pedestrians or vehicular traffic along Firestone Boulevard, between Downey Avenue and Dolan Avenue." See RUA at % 2.
In addition, the Buyer and Fresh & Easy are parties to that certain retail lease agreement, dated as of September 23, 2008 (the "Retail Lease") on the premises where Grocery Outlet operates its grocery store — i.e., adjacent to and contiguous with the Public Parking Lot. A true and correct copy of a "Memorandum of Retail Lease" is attached to the proposed resolution as Exhibit B to the resolution ior your reference.
As of December 7, 2015, Fresh & Easy assigned all of its rights, title, and interest in the Lease to Grocery Outlet, and as of July 6, 2020, Fresh & Easy assigned all of its rights, title, and interest in the RUA to Grocery Outlet.
Both the RUA and Retail Lease restrict use of the Public Parking Lot to parking to support Grocery Outlet's business operations.
The Act defines "surplus land" as "land owned in fee simple by any local agency for which the local agency's governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency's use." Gov't C. § 54221 (b)(1). The City no longer has a use for the Public Parking Lot and desires to dispose of it; therefore, it is surplus.
However, the Act exempts certain surplus land from its requirements, including "[s]urplus land that is subject to valid legal restrictions that are not imposed by the local agency and that would make housing prohibited, unless there is a feasible method to satisfactorily mitigate or avoid the prohibition on the site" Gov't C. § 54221 (f)(1)(G). Here, the RUA, the Retail Lease, and the restrictive use provisions therein and articulated above present such valid legal restrictions, and there is no feasible method to satisfactorily mitigate or avoid the prohibition on the Public Parking Lot, because Grocery Outlet needs the Public Parking Lot for use as a parking lot to service its adjacent retail establishment.
DECLARATIOR OF
UNDER THE STATE OF CALIFORNIA SURPLUS LAND ACT
FEBRUARY 8, 2022
PAGE 3
foreseeable indirect physical change in the environment. If and when the Property is sold to a purchaser, and that purchaser proposes a use for the Property that requires a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA.
FISCAL IMPACT
ATTACHMENTS
F.AWMTRMEI;=W�w* M *
Attachment "A"
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WHEREAS, the City of Downey ("City") is the owner in fee simple of that certain real property Assessor Parcel Number• 11 ''11 also known Downey Public+ Lot No. 4, which is approximately 16,272 square feet in size, is currently vacant and is located on Firestone Blvd. between Downey Ave. and Dolan Ave., and is currently being used as parking by the patrons of the adjacent retail uses ("Property"); and WHEREAS, the Property is subject to a Restrictive Use Agreement by and between the City and Fresh & Easy Neighborhood Market, Inc. ("Fresh & Easy"), dated as of and approved by the City Council by Ordinance No. 09-1241 on April 28, 2009, and recorded in the Official Records of the Recorder's Office of Los Angeles County on June 30, 2009 as Document No. 20090980119 c . true and correct copyof ' is attached hereto • ' and
WHEREAS, under the RUA, the City is obligated i of ••_
follows:[Property] parking lot only, open for parking t • the public ... ; b) City shall not reduce the number of parking spaces or otherwise restrict parking in the [Property]; ... e) City shall not build or permit the building of any improvements on the [Property] which would (i) reduce or modify the current number of parking spaces in the [Pr•p or .. with access to the [Property], or i ...
[retail site that uses the Property for parking], including any signage from being viewed by pedestrians or vehicular traffic along Firestone Boulevard, between Downey Avenue and .,i r . d
• i r
WHEREAS,- City no longer hasuse for the Property _ • desires to _ll it s Bettyi -• Liability Company- - who own the
adjacent land on which Fresh & Easy first established their retail store; and WHEREAS, the Buyer and Fresh i Easy are parties to that certain retail lease ��greement, dated as of September 23, 2008 (the "Retail Lease") on the parcel adjacent to _:: • contiguousProperty. and correct copy of .. "Memorandum of Retail -
attachedis hereto as Exhibit i and
WHEREAS, as of December 7, 2015, Fresh & Easy assigned all of its rights, title, and interest in the Retail Lease to Grocery i
r, d
WHEREAS, as of • 2020,i Easy assigned all of • and
WHEREAS, according to counsel for the Buyer, under the Retail Lease and during the Retail Lease Term, the Public Parking Lot is required to be retained as parking in order to
�egally permit the continued operation of Grocery Outlet's retail business; an,-e WHEREAS, the Surplus Land Act, Government Code sections 54220 et seq. (as amended, the "Act"), applies when a local agency disposes of "surplus land," as that term is defined in Government Code section 54221; and
WHEREAS, the Property is "surplus land" under the Act, because it is land owned in ion in the form of ad
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1-The above recitals are true and correct and are a substantive part of this J'Aesolution.
�QQTJQN 2. The City Council hereby declares that (i) the Property is surplus land and not necessary for the City's use, and (ii) the Property is exempt from the Act pursuant to section 54221 (f)(1)(G) of the Act. The basis for ffils declaration is the finding that the Property is subject to (i) the RUA, which, among other things, prohibits the Property from being used for any purpose exco* a parking lot and prohibits any development, including housing, on the Property, and (fl) the Retail Lease, which, among other things, requires Grocery Outlet to have sufficient parking to support its operations on the premises that are the su*bt of the Retail Lease.
IMM1111 t"W16 I -
I he City Council declares that it Would have adopted this Resolution, and each section, subsection, sentence ' dausa� phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution.
BLANCA PACHECO, Mayor
MARIA ALICIA DUARTE, CIVIC
City Clerk
'ou , ncil 00
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City C 11, . the City of Downey at a regular meeting held on the 8th day of February, 2022, by the fo lowl vote, to wit: I
AYES:
Council Members:
NOES:
Council Member:
ABSENT:
Council Member:
ABSTAIN:
Council Member:
MARIA ALICIA DUARTE, CIVIC
City Clerk
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RESTRICTIVE USE AGREEMENT j
THIS RESTRICTIVE USE AGREEMENT ("Agreement"), dated as of April'28 , 2009, is made and entered into by and between the City of Downey ("City"), a California charter city and Fresh & Easy Neighborhood Market, Inc., a Delaware corporation ("Fresh & Easy'). City and Fresh & Easy are sometimes referred to individually as "Party" and collectively as "Parties" herein. This Agreement shall no)
1. Following all legally required notices and hearings, this Agreement has been approved by the City Council of City and has been executed by the appropriate authorities of City and delivered to Fresh & Easy.
2. This Agreement has been approved and executed by the appropriate representatives of Fresh & Easy and delivered to City.
A. City is the fee simple owner of that certain parking lot located at 8350 Firestorm Boulevard, in the City of Downey, more commonly known as "Downey Public Parking Lot Na 4" ("Parking Lot"), and more particularly described in attached Exhibit A and depicted on t attached Exhibit B, site plan (the "Site Plan"), both incorporated herein by reference. I terms of this Agreement.
C. City has agreed to restrict its use of the Parking Lot for these purposes and subjell to the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the covenants contained in this Agreement an* - other good and valuable consideration, receipt of which is acknowledged, the Partie3 hereto agree as follows:
Easy its customers, invitees, employees, sublessess and assigns; b) City shall not reduce the number of parking spaces or otherwise restrict parking in the Parking Lot; c). City shall not t!-14M,41�.mAnk, charges fxz4carking in the Parking Lot--d�-"-,A shall not restrict access to and from the Parking Lot and shall maintain the access drives, curb cuts, access roads, sidewalks and streets as depicted on Exhibit B; e) City shall not build or permit the building of any improvements on the Parking Lot which would (i) reduce or modify the current number of parking spaces in the Parking Lot, (ii) restrict or interfere with access to the Parking Lot, or (iii) in any way impair the F&E Site and improvements thereon, including any signage from being viewed by pedestrians or vehicular traffic along Firestone Boulevard, of the above actions, provided the City first obtains the prior written consent of Fresh & Easy to be given in its sole discretion.
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(a) Rg-sttiDing Qbliggions. Clean, te-stripe, and slurry seal the surface of the Fresh & Easy Portion of the Parking Lot, in a configuration upon which the Parties may reasonably agree, and subject to the standards of the City's Public Works Department. (b) Landscaping ON ggi�Ln§. Install not less than five (5) tree wells with li e trees therein. and all reax�im "irri•ation siWtems for said trees and tree wella. with tree species and in a configuration upon which the Parties may reasonably agree, and subject to the standards of the City's Public Works Department.
All of the above work shall commence within ninety (90) calendar days following the Effective Date and shall be completed not later than one-hundired eighty (180) calendar days following the Effective Date. Said work shall be performed by Fresh & Easy at its sole cost and expense.
Subject to obtaining any necessary entitlements, building permits or other governmental approvals other than this Agreement, Fresh & Easy shall also have thiz. right, but not the obligation to construct and maintain a monument or pole sign on the Parking Lot displaying Fresh & Easy's customary signage and any customary signage of any sublessee, or advertising the Parking Lot as available to Fresh & Easys customers, invitees, employees, sublesses and assigns, such monument or pole sign t(t be constructed and maintained at Fresh & Easy's sole cost. 5 Lk 173 34705 6
City has no obligation to maintain or cause to be maintained the Fresh & Easy Portion of the Parking Lot, provided however, that if Fresh & Easy fails to uphold it's obligations set forth in thi%—agr
its actual reasonable costs,
Any landscaping, maintenance or repairs performed by City or Fresh & Easy shall carried out in compliance with the laws, permits, licenses or other governmental authorizatio rules, ordinances, orders, decrees and regulations now or hereafter enacted, issued promulgated by any federal, state, county, municipal or other governmental agency, bodies courts having or claiming jurisdiction and all insurance companies insuring all or any part of tfl, Parking Lot. I
5. Tern I AgLe of qMJ. The term ("Term") of this Agreement shall commence on the Effective Date and shall expire upon the earlier of the following: i) the expiration or termination of that certain Lease between Fresh & Easy and Kenneth F. Morgan, Jr. and Betty Callan Morgan, husband and wife, dated September 23, 2008 ("Store Lease") for the occupancy and operation of the F&E Site, or (ii) thirty five (35) years following the Effective Date. This Agreement shall terminate upon (i) the expiration of the Term, whereby Fresh & Easy shall notify City of such termination in writing, or (ii) in the event of an assignment or sublease, unless the assignee or sublessee agrees to assume all of the terms of this Agreement and all of Fresh & Easy's obligations hereunder.
6. Right Of ELlia. City and Fresh & Easy shall permit the other or its employees, agents or contractors to enter upon the Parking Lot at any reasonable time to inspect the same and to c "--!II AAA X-:W�de .PR
Fresh & Easy with written notice at least forty-eight (48) hours prior to any inspection, repair or maintenance which would interfere with the use of the Parking Lot, except in cases of emergency. Further, Fresh & Easy shall provide City with written notice at least forty-eight (48) 'If -,WJr tof _F? IS III IIIW
11111r—q � + A -I 1 110.
7. Assig9ments and Subletting. Fresh & Easy may freely assign this Agreement to any afriliate of Fresh & Easy or to any other person or entity which succeeds to the interest of Fresh & Easy, so long as such entity is operating as a similar format grocery store, whether by merger, consolidation, acquisition of assets or stock or otherwise and to any sublessee under the terms of the Store Lease without City's prior consent- Further, Fresh & Easy may sublease a portion of the Premises, not to exceed 50% of the Premises, without City's prior consent.
Howeve_r if Fresh &
entity operating a similar format grocery store, Fresh & Easy shall obtain City's prior written consent. hi addition, Fresh & Easy may not otherwise assign this agreement or any rights hereunder to any other party without CitVs Drior writte-c co-ise-ft. w�ict citrf ge-f t -ff avAe u�?vt&o I ii, 1,11 1 WOO IT41-id
STEN 41 1 IBM= W4 161-Awi -frux-IT-YJ rci-WYN V 4 L;4)JJbCJ1t, ;;,111U11 G"trI1811I 117MV, ve bU& wvt in Fresh and Easy's sole discretion.
6 LA 17334705 6
I
8,1 City shall defend, indemnify and hold Fresh & Easy and its directors, officials, officers, employees, designees, agents and invitees free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any actual or alleged acts, omissions or willful misconduct of City, its directors, officials, tfficers, employees, designees or agents arising out of or in connection with this Agreement ar%� City's use of the Parking Lot, The coverage of the foregoing indemnification shall include, without limitation, attorneys' fees and other related costs and expenses incurred by Fresh & Easy with regard thereto.
8.2 Fresh & Easy shall defend, indemnify and hold City and its directors, officials, officers, employees, designees and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any wtual or alleged acts. omissions or willful misconduct of Fresh and Eas4k its directors officials, officers, employees, designees, agents or any invitee arising out of or in connection with this Agreement and Fresh and Easys obligations to maintain Fresh & Easy's Portion of the Parking Lot. The coverage of the foregoing indemnification shall include, without limitation, attorneys' fees and other related costs and expenses incurred by City with regard thereto, Fresh & Easy shall not indemnify City or be held liable in any way for any acts, omissions or damage occurring on that portion of the Parking Lot that is currently leased by Denny's.
8.3 City's and Fresh and Easy's respective indemnification, defense and hold harmless obligations under this Section 8 shall survive the expiration or earlier termination of this Agreement as to acts or omissions occurring prior to expiration or termination. • - IIMIICI
9.1 Time for Compliance. Prior to the Effective D. Fresh & Easy shall vitvmhat
section.
9.2 Minimum Requirements. During the entire Term of this Agreement, Fresh & Easy shall, at Fresh and Easy's sole cost and expense, maintain general public liability insurance against claims for personal injury, death, or property damage occurring in or about the Parking Lot and on any sidewalks directly adjacent to the Parking Lot, which arise out of matters set forth in Section 8. The limitation of liability of this insurance shall be not less than Two Million Dollars 2 000 000.00 er incident including but not limited to in'u casu 7 LA. 17334705.6
H
cancellation. The insurance policy shall be primary insurance with respect to City, and its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Fresh and Easy's scheduled underlying coverage. Any insurance or self-insurance maintained by City and its directors, officials, officers, employees, agents and volunteers shall be excess of Fresh and Easy's insurance and shall not be called upon to contribute with it. All insurance required by this Section shall contain standard separation of insured provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to City and its directors, officials, officers, employees, agents and volunteers. Any insurance required to be maintained by Fresh & Easy hereunder may be i WX =11 0
discretion, that Fresh & Easy does not possess the net worth required by this Section 9.2, City may require Fresh & Easy to procure the insurance policies as set forth above from a reputable third -party insurer.
9.3 Acceptabty of Insurers. insurance is to be placed with insurers with 2 current A.M. Best's rating of no less than A:VlI, and satisfactory to City.
10. Waiver. No waiver of any default on any one or more occasions shall constitute a waiver of any other breach or default, whether of the same or of any other covenant or condition.
No waiver, benefit, privilege or service voluntarily given or performed by any party shall give any other party any contractual right by custom, estoppel or otherwise.
11. Notices. All notices required or allowed under this Agreement shall be given in writing to the following addresses or such other addresses as the parties may designate by written notice:
To City: City of Downey
Attn. Gerald M. Caton, City Manager
I 1111 Brookshire Avenue
Downey, CA 90241
Telephone: 562-904-7152
Facsimile: 562-622-4816
To Fresh & Easy: Fresh & Easy Neighborhood Market, Inc.
Attn: Tony Eggs
Chief Real Estate Officer
2120 Park Place, Ste. 200
El Segundo, CA 90245
Telephone: 310-341-1200
8 LA 17334705 6
Notice shall be deemed received as follows, depending upon the method of transmittal: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by United States mail, as of three (3) business days after deposit in United States mail,
12. Damajq an4&emedics. Upon either City's or Fresh and Easy's breach oll obligation under this Agreement, City and Fresh & Easy shall have any and all rights remedies for such breach as provided in law or equity.
13. Prohibited Liens. Fresh & Easy agrees to keep the Parking Lot free and clear of liens resulting from Fresh and Easy's use of the Parking Lot.
14. Recordation of t*gMILnt. This Agreement may be recorded in the offlici records of Los Angeles County by either Party, recording fees to be paid by the Party requesti the recording, I
15. 11inding Elfirt. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their permitted successors and assigns.
16. Cotuftuction of Agreement. This Agreement will be liberally construed effectuate the intention of the Parties with respect to the transaction described herein, -fetermining the meaning of, or resolving any ambiguity with respect to, any word, hr se b
be construed or resolved against either party (including the Party primarily respo si le r ho"Iexpressly understood and agreed that the Parties have participated equally or have had cqu. -tpportunity to participate in the drafting hereof. M
17. jjq�Min& LgAjuriWicdoft. This Agreement shall be construed, interpreted and applied in accordance with the procedural and substantive laws of the State of California, without regard to conflicts of laws principles. The Parties consent to the exclusive jurisdiction of the state courts sitting in Los Angeles County, California, for any and all proceedings arising under this Agreement.
18. Attorne"I Fm. In the event of any action or proceeding to enforce or construe any of the provisions of this Agreement, the prevailing party in any such action or proceeding shall be entitled to attomeys'fees and costs
19. Eprtift, Ag"gruent. This Agreement and its exhibits constitute the enti agreement between the Parties hereto pertaining to the subject matter hereof, aand the fin complete and exclusive expression of the terms and conditions thereof. Prior agreemen I cepresentations, negotiations, and understandings of the Parties hereto, oral or written, express implied, arc hereby superseded and merged herein. i
20. Modification. This Agreement may not be modified in any respect or rescindel in whole or in part, except by an instrument in writing, duly executed by both Parties, th successors or assigns.
9 LA,173347056
21. JqqaftjJ&. If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants- conditions or grovisions of this Aigeement, or the-Mlication thereof to an erson or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
22. Ctqmtetorts� This Agreement may be executed in one or more counterparts, and bear the signature of each Party on a separate counterpart, each of which when so executed J Pini but all ofwhich-taken-tovet'fer shall constitute but one K14,14640MUN111, I is 14M
23. Further Assurances. Each of the Parties hereto shall execute and deliver any and all additional papers, documents and other assurances, and shall do any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder and to carry out the intent and agreements of the Parties hereto. 24o A&eqcX1Mg1gXMgd. In performing the terms of this Agreement, City and Fresh & Easy each remain an autonomous and separate entity, solely responsible for its own actions and those of its officers, employees, agents and volunteers. No relationship of employment, agency, partnership or joint venture is to be created by or implied from this Agreement.
25. No Third fgft!M, This Agreement is entered into between and solely for the benefit of City and Fresh & Easy. No other person shall have any right to enforce the terms of this Agreement.
IN WITNESS WHEREOF, City and Fresh & Easy have executed this Agreement as of the date first written above.
10 LA:173347056
SIGNATUREPAGE
TO
RESTRICTrVE USE r
EEMEVT
FRESH & EASY INC., a Delaware corporation
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9 LA 17334705 6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of I
On Apri i I,+, um before me, Uaa- Anvi 6aer(" Notaxy Pakh Date Hora 16GE2'! Twool —tha Offs
personally appeared Vk1ler 6, Cak4t , J-r., wrial fire chr d- Ral 15�0,f, —4
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within instrument and acknowledged to me that
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true and correct,
WITNESS my han an official seal.
Place Notary Seal Above Signature— so" of Natoryrww
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: A
Document Date* Iq - 0 7
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OF SIGNER i CdJ OF SIGNER
-------------
SIGNATURE PAGE
TO
THE CITY OF DOWNEY
a California municipal corporation
By: ( .1
ATTEST:
CfC lerk�-Vathl6en L. Midstokke
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CALIFORNIA- •ACKNOWLEDGMENT
State of California
County of Los Angeles
On Aprilm, 30, 2009.._ ._ before me,
Date Herd Irraarf Nam and Tam of the )
personally appeared _ Gerald M. Caton
svarx�s{�ta[ gsaaf���`"`
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true and correct
WITNESS my hand and official seal.
Signature —
Place �m _ .�Nolffyt9Notary Seal Abova as .iit!ems• .
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.
Title orType of Document Res trictiye���p����es tone Bl. Down Document Date, April 28, 2009 Numberof Pages:
Signer(s) Other Than Named Above, Kathleen L. Hidstokke, Edward W. Lee Cci (is) Claimed by Signer(s)
CatonSigner's Name- Gerald M,
■ Individual
L4 Corporate Officer —Title(s)- City Manager
■ •. ■ Limited EI General
RIGHT:7HUMBPFN
■ AttorneyOF SIGNER
❑ Trustee
❑ Guardian or Conservator
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❑ Corporate Officer — Title(s) --
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❑ Attorney in Fact MOM
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EXHIBIT A
TO
RESTRICTIVE USE AGREEMENT
990041-1212M =1
[Attached behind this page.]
LEGAL DESCRIPTION
THAT PORTION OF BLOCK 4 OF THE TRACT OF THE DO NEY LAND
ASSOCIATION, IN THE CITY OF DONEY, COUNTY OF LOS AGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 2, PAGE 434 OF
MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
PARCEL 1
THE SOUTHWESTERLY 85 FEET OF THE NORTHEASTERLY 125 FEET OF SAID BLOCK 4.
EXCEPTING THEREFROM THE SOUTHEASTERLY 146 FEET AND THE
SOUTHWESTERLY 285 FEET.
PARCEL 2:
THE SOUTHWESTERLY 83 FEET OF THE NORTHEASTERLY 123 FEET OF SAID BLOCK 4
EXCEPTING THEREFROM THE SOUTHEASTERLY 285 FEET AND THE
SOUTHWESTERLY 230 FEET.
THE ABOVE 2 PARCELS CONTAINING AN AREA OF 16,380 SQUARE FEET. MOr—Z
OR LESS- I
4413JECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, AIGHTS OF WAYAND O■D IF i
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STICTIVE USE AGREEMENT
SITE PLAN OF PARKING LOT
[Attached ei this age.]
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14 LA.17334705.6
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WHEREAS, the City of Downey i Fresh & Easy Neighborhood Market,desire I
enter li w w. Useal... io :. l,- -. i ii•. i a. i s riw-ad. wii i - t ":•::: •: - . i i i i sP iI, iii n
FirestoneWHEREAS, Fresh & Easy will secure entitlements for a neighborhood retail grocer at 8320 Boulevard; i'.
maintainWHEREAS, the City will the as • `r public parking lo• build any structures upi and not reduce• '. of parking '•. - sealing,WHEREAS, the Fresh & Easy will improve its portion of the City -owned parking lot by slurry iand keepingthelot clean;and
WHEREAS, Fresh aEasy will installon portion ofCity-owned parking lot five trees, tree wells, a an irrigationand
WHEREAS, Fresh & Easy will regularly maintain its portion of the City -owned parking lot by keeping it free of debris/trash, maintaining the landscaping, and repairing any damages;and WHEREAS, the California Environmental Quality Act (CEQA) finds this request to be Categorically Exempt from the CEQA per section 15301 (Class 1, Existing Facilities); and WHEREAS, Fresh & Easy may freely sublease :. • portion of building so long as thegrocery portion ' •i:with Freshi.:
NOW, •-E, THE CITY COUNCIL OF OF DOWNEY DOES
11RDAIN AS FOLLOWS:
• -• wr• • - -r'- �• --
• • rw •
or -• be posted or published be required by a thereafter the same shall be in full forceand
SECTION
"rk shall certifyto the adoption of Ordinance • cause the
a
ORDINANCE NO. 09-1241
PAGE TWO
APPROVED AND ADOPTED this 28" day of April, 2009.
MARIO A. GUERRA
I LVA "T"A no V-IWM 14.9. "T, IT,
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CITY OF DOWNEY
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and aaoptea at a regular meeting of the City Council ot the Uty of Downey neld on the 28"' di of April, 2009, by the following vote, to wit:
AYES,
Council Members:
Sayer, Brossmer, Gafin, Marquez, Mayor Guer
NOES,
Council Member:
None
ABSENT:
Council Member:
None
ABSTAIN,
Council Member-,
None
I FURTHER CERTIFY that a Summary of the foregoing Ordinance No. 09-1241 was published in the Press -Telegram, a newspaper of general circulation in the City of Downey, on April 17, 2009 (after introduction), and on May 1, 2009 (after adoption, including the vote thereon), It was also posted in the regular posting places in the City of Downey on the same dates.
KATHLEEN L. MIDSTOKKE
KATHLEEN L. MIDSTOKKE, City Clerk
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es:
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ficial Records49.00
Recorder's Office, Los Angeles County,
California Tax;
0.00 11/03/08 AT 08:OOAM Other: 0.00
Total: 49.00
Title Company
III 11111111111111111111111 A
L E A D S H E E T
Assessor's Identifleation Number (AIN)
To be completed by Examiner OR Title Company In black Ink. Number of AIN's Shown A
AII& THIS FORM IS NOT TO BE DUPLICATED A&
Exhibit "B"
Order: 144369 Page I of 9 Requested By: abosophian, Printed: 2/1/2021 10:20 AM - _. -I - A -nnno - nA A A 4 4
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r Park Place, Suite 200
El Segundo, 90245
Attn: Tax/Finance Department
MEMORANDUM 'Memorandum") ■ as of
Septemberp10: by and between KENNETH F. MORGAN,and B♦" i assigns6usbb�rid an Wife (collectivoty� ""ndlord"), and FRESH & EASY NEIGH06AHOOD MARKET INC, a Delaware corporation ("Tenant7), with reference to the following facts - A. Landlord and Tenant have entered into that certain unrecorded Retail Lease Agreement dated as of September 23, 2008 (the "Lease") Capitalized terms used herein without definition shall have the same meaning the Lease i
B. Landlord and Tenant desire to provide notice that Tenant is leasing as of the Term Start Date, as defined in the Lease, approximately 78,991 square feet of land (the "Land") and and all
improvements, appurtenances, f privilegesand . • benefiting, belonging •': r pertaining a to the Land (collectively, the "Promises") located at the southeast corner of the intersection of Firestone Boulevard f Downey of Downey,1: of iAngeles andStateofCalifornia.
Premises Is more particularlydescribed as setforth on •:attachedhereto.
NOW, THEREFORE, in consideration of the foregoing facts and the mutual covenants set forth herein, Landlord and Tenant hereby agree as follows:
Demise of Premises, Landlord leases to Tenant, and Tenant leases Landlord,
Premises, on the terms and conditions set forth in the Lease. The Term Start Date shall be as determined in accordance:Lease, and :Initial Termofthe Leaseexpire ryears after.:.
Rent Start Date (or, if the Rent Start Date is not the first day of a calendar month, 20 years after the first day of the next calendar month),
2. Riqhtstolnqress and Eqress Tenant andemployees, suppliers, r • customers, subtenants, licensees and other invitees shall have the nonexclusive rights to use and freely access, without charge for the entire Term, all areas of ingress to and egress from the Premises shown on the Site Pla-ii.
3. Title is • a Depreciation. i Date,
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Order: 144369 Page 2 of 9 Requested By: obosophian, Printed: 2(1f2021 10:20 AM n.... rni ncn.�onno n•n�s.e•.
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WTF)II, Inciluing Brij: repiacemerif inereor an-a-irm-rigm-to Depreciale ine Samu, uriall FL-Wr1udW1F14 -W in the Landlord throughout the Term.
years. Notwithstanding anything to the contrary herein, the term of the Lease, with all renewal options, cannot exceed 34 years and I I months.
S. Incornoration bv Reference, No Modification of Lease. The terms and conditions of the Lease are Incorporated herein by this reference. , This Memorandum is prepared and recorded for the �&I if tX2 xyWc ii% Attice tNIs; Me-miraiI ii5 III way Mi1ifts th6 terma and conditions of the Lease. In the event of any inconsistency between the terms and conditions of this Memorandum and the terms and conditions of the Lease, the terms and conditions of the Lease shall control.
6 Cancellation of Memorandum of Lease. Upon the request of Landlord following the expiration or termination of the Lease, Tenant shall promptly execute and deliver to Landlord an appropriate release and/or cancellation Instrument acknowledging the expiration or termination of the Lease and releasing any and all right, title and Interest of Tenant in and to the Premises under the Lease. ,ecords of the county In which the Premises is located. 7 Miscellaneous. This Memorandum shall be governed by and construed in accordance with the laws of the state in which the Premises is located. No addition to or modification of any term hereof shall be effective unless set forth in writing and signed by Landlord and Tenant. All of the assigns of Landlord and Tenant. This Memorandum may be executed in two or more counterparts and by different parties in different counterparts, all of which together shall constitute one and the same sriginal.
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Order: 144369
nnn.- M O.qA.,?nnA rI 1
IN WITNESS WHEREOF, Landlord and Tenant have duly executed this Memorandum of Retail Lease as of the date first written above.
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LA-17325837.2
Order: 144369
Doe: CALOSA:2008 01944411
91 Tenant:
FRESH & EASY NEIGHBORHOOD MARKET
INC., a Delaware corporation
15
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On bef re me, Notary Public.,
personally appe-,
T I
I certify under PENALTY OF PERJURY under the laws of the State of Californla that the foregoinj paragraph is true and correct.
WITNESS my • and official seal,
Signature
Notary Public:
,ILI
0 Order: 144369 Page 5 of 9 Requested By: obosophian, Printed: 211/2021 10:20 AM n,,,.• rai nca•,)nna niGAAA11
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IN WITNESS WHEREOF, Landlord and Tenant have duly executed this Memorandum of Retail Lease as of the date first wriTen a.-tve
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VIA UZ141#192161r-1414 1
BY:
Name
Order: 144369
Dnr.- CAI 0.9A-9nns 01q44A1 1
a
Notary Acknowledgement
State of California
Coun of Los Angeles )ss,
On efor e, C.13 Mo Notary Public, personally
appeared who proved to me on
the basis of satisfactory evidence to *kW be the person jhq e name is subscribed to the withan instrument and acknowledged to me that he executed the same in has authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument
In'I'MYTOVIA1 TCSTME-M—CM—I=a trial Ene
foregoing paragraph is true and correct
my aq
NOTARYSS
I is
Order: 144369 Page 7 of 9 Requested By: obosophian, Printed: 2/1/2021 10:20 AM r)— rai nca-,)nm n10AAA11
NO
AJI that certain real property situated in the County of Los Angeles, State of California, described as •II•
• . •c • rI • i . it - .+ • � • t: . - • `i• :,; • •
Beginning at the most Westerly comer of r : •ck 4; thence Southeasterly along of the Southern• t.ny's right of distance of 1 feet, thence Northeasterly beginning.parallel with the Southeasterly line of Crawford Street, 240 feet; thence Northwesteirly parallel with the Northeasterly line of said railway right of way, 230 feet to a point in the Southeasterly line of Crawford Street; thence Southwesterly along said Southeasterly line of Crawford Street, 240 feet to the point of S•
• . ,► 1 it .- . • • . • ':. : • •• • - : - •i •- • :
Except• •`
as Document No. 4449, in Book D-2202. Page 456, of Official Records In said Recorder's Office.
Also except that portion described as Parcel 4 In Final Order of Condemnation recorded October 11, 1963, r• That portion of Block 4 of - Tract of Downey a • Association,r of Downey, I-j City of Downey, Countyof r Artgoles,of • per • recorded in Book 2, Pageof Miscellaneous•' of •, • •` r rCounty,described i`
Beginning at a point In the Northeasterly line of said Block 4, distant 125 feet Southeasterly from the most Northerly corner thereof; thence Southeasterly along said Northeasterly line, 105 feet; thence Southwesterly at right angles parallel with the Northwesterly line of said Block, 120 feet; thence IF-
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Order: 144369 Page B of 9 Requested By: obosophian, Printed: 2/1/2021 10:20 AM r)— PA nCA••DnnR ni OAAAii
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Northwesterly at right angles and parallel © the said Northeasterly line. 105 feet; thence Northeasterly varallel with said Northwesterly line, 120 feet to the point of beginning.
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Order: 144369 Page 9 of 9 Requested By: obosophian, Printed: 2/1/2021 1-a*!