ATTACHMENT NO. 1
RESOLUTION NO. 25-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NORWALK APPROVING AN AMENDED AND RESTATED
PARKING AGREEMENT
WHEREAS, the County of Los Angeles (“County”) and City of Norwalk (“City”) are parties to that certain Ground Lease Agreement dated March 30, 1995 (the “Parking Ground Lease”), pursuant to which County leases to City certain real property in the City of Norwalk, County of Los Angeles, State of California, as more particularly described on Exhibit A attached hereto (the “Parking Structure Parcel”), pursuant to which County leased the Parking Structure Parcel to City in order to facilitate the development and operation of the Parking Structure (as defined in Recital D) for use by the City and the County; and WHEREAS, pursuant to that certain Site Sublease dated April 1, 1995 (the “NCFFA Sublease”), entered into by and between City, as sublessor, and NCFFA, as sublessee, NCFFA developed the Parking Structure Parcel with (i) a multi-level parking structure (the “Parking Structure”) containing approximately 1,010 vehicle parking spaces, and (ii) a pedestrian bridge (the “Pedestrian Bridge”); and
WHEREAS, pursuant to that certain Lease Agreement dated April 1, 1995 (the “City Leaseback Agreement”), entered into by and between NCFFA, as lessor, and City, as lessee, NCFFA leased the Parking Structure and Pedestrian Bridge back to the City for which the City continues to operate the Parking Structure; and
WHEREAS, City, NCFFA, Theater Developer, and AMC are parties to that certain Parking Agreement dated May 15, 1995, a copy of which was recorded on June 14, 1995 as Instrument No. 95-948752 (the “1995 Agreement”) in the Official Records, as amended by that certain Amendment to Parking Agreement dated May 15, 1995, a copy of which was recorded on June 14, 1995 as Instrument No. 95-948753 in the Official Records (the “First Amendment”), and as amended by that certain Second Amendment to Parking Agreement dated June 12, 1997, a copy of which was recorded on June 19, 1997 as Instrument No. 97- 917901 in the Official Records (the “Second Amendment” and together with the 1995 Agreement and the First Amendment, the “Original Parking Agreement”), regarding Parking Structure; and
WHEREAS, under to the Original Parking Agreement, City granted to (1) Theater Developer and AMC, and (2) upon any termination of the Theater Ground Lease and/or Theater Lease, to the operator of the Theater Complex covering the Theater Parcel (a “Theater Operator” and together with Theater Developer and AMC, “Theater Parties” or individually, a “Theater Party”), certain non-exclusive rights to utilize vehicle parking spaces in the Parking Structure and in the City Hall surface parking area (“Surface Parking Area”); and
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WHEREAS, pursuant to that certain Ground Lease dated December 19, 2022, as amended by that certain First Amendment to Ground Lease dated March 19, (as amended, the “Project Ground Lease”), entered into by and between City and Primestor, City leased a portion of City Property, including but not limited to the Surface Parking Area to Primestor for the development and construction of a mixed use development (the “Mixed-Use Project”) consisting of (i) approximately three hundred seventy-four (374) residential units; (ii) approximately 94,398 square feet of commercial uses, which may include, but not be limited to, food and beverage establishments, retail, health and wellness facilities, and grocery or supermarket uses; and (iii) approximately 119,643 square feet of ground-floor open space/plaza area that is publicly accessible but privately maintained and operated; and WHEREAS, City, NCFFA, Theater Developer, and AMC desire to amend and restate the Original Parking Agreement, in its entirety, in order to permit patrons, customers, and employees (herein collectively called “Permittees”) of each of Theater Parties, Primestor Parties, and each party or parties in possession, which shall include tenants, subtenants, concessionaires and licensees, from time to time, of the Theater Complex and the Mixed-Use Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORWALK HEREBY DETERMINES, FINDS, AND RESOLVES AS FOLLOWS:
Section 1.The foregoing recitals are true and correct and are hereby incorporated as substantive findings in this Resolution.
Section 2. The City Council hereby finds that the Amended and Restated Parking Agreement is categorically exempt pursuant to the California Environmental Quality Act (“CEQA”) as this activity will not have a significant effect on the environment per Section 15301 Class 1 (Existing Facilities) of the CEQA Guidelines and CEQA Guidelines Section 15061(b)(3) – Common Sense Exemption in that it can be seen with certainty that there is no possibility that the Amended and Restated Parking Agreement may have a significant effect on the environment. None of the exceptions under CEQA Guidelines Section 15300.2 apply.
Section 3. The City Council hereby approves the Amended and Restated Parking Agreement. The City Manager or his designee are hereby authorized and directed to execute Amended and Restated Parking Agreement along with such revisions, insertions, and omissions therein as the City Manager or his designee may require or approve consistent with the intent of this Resolution and approved by the City Attorney.
Section 4.The City Council further authorizes the City Manager or his designee prepare, execute, or record (or cause to be recorded) ancillary documents, instruments, certificates, or amendments, in a form approved by the City Attorney, related to the Amended and Restated Parking Agreement, provided that such documents or amendments do not materially modify the essential terms or financial obligations of the City provided there is funding in the budget, and that are consistent with the intent of this Resolution.
Section 5.The City Clerk shall certify the adoption of this Resolution and it shall go into effect immediately upon its adoption.
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Section 6.The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Norwalk and the City Clerk, or her duly appointed assistant, is directed to attest thereto.
APPROVED AND ADOPTED this 21st day of October 2025.
______________________________
TONY AYALA
MAYOR
ATTEST:
_______________________________
THERESA DEVOY, CMC
CITY CLERK